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Expert contacts:
Melysa Sperber, Alliance to End Slavery and Trafficking, (631) 374-0749, msperber@humanityunited.org
Luísa Abbott Galvão, Friends of the Earth, (202) 222-0716, labbottgalvao@foe.org
Communications contacts:
Liz Baker, Alliance to End Slavery and Trafficking, (202) 503-3200, lbaker@humanityunited.org
Kate Colwell, Friends of the Earth, (202) 222-0744, kcolwell@foe.org
With the support of human rights, labor, faith, trade and democracy reform organizations, Friends of the Earth filed a Freedom of Information Act request demanding the expedited release of all communications by the State Department over the last two years concerning Malaysia's tier ranking in the recently released 2015 Trafficking in Persons Report. Friends of the Earth filed a separate FOIA request last month demanding the release of all communications by Sarah Sewall, Undersecretary of State for Civilian Security, Democracy and Human rights, regarding this matter.
On July 27, the State Department published the 15th installment of the Trafficking in Persons Report. This independent annual publication rates 188 countries on their efforts to combat human trafficking in accordance with standards outlined in the Trafficking Victims Protection Act. The TIP Report serves as an important political tool for pressuring countries to take meaningful action to address human rights violations.
Recent media reports indicate that political appointees meddled in the compilation of this publication by challenging State Department human rights experts' rating recommendations for 17 politically-strategic countries and inflating the assessment of 14 of these.
Malaysia's unsubstantiated upgrade is particularly alarming to the organizations because of its overt importance to the Trans-Pacific Partnership, an expansive trade deal being negotiated by the Obama administration and 11 countries on the Pacific Rim. While the Obama administration recently obtained Fast Track authority to negotiate the TPP, Congress restricted negotiations with countries that have the worst records in combating human trafficking. Malaysia was one of those countries; however, on the eve of the July TPP negotiating round, the State Department took Malaysia off its human rights blacklist by upgrading its status from a Tier 3 to the less incriminating Tier 2 Watch List rating.
The United States Senate Committee on Foreign Relations has held hearings into whether political interference occurred in the classification of certain countries in the TIP Report. Last week, six House Democrats wrote to the State Department Inspector General calling for an internal investigation into the State Department's handling of the 2015 TIP Report as relates to Malaysia's status within it.
Spokespersons from the organizations issued the following statements regarding this FOIA request:
"The decision to upgrade Malaysia raised serious concerns that the U.S. is willing to sacrifice the rights of workers in order to advance the TPP," said AFL-CIO President Richard Trumka. "The public has a right to know exactly who was involved in this egregious decision so those responsible can be held accountable."
"The United States cannot be a leader in fighting human trafficking if we do not honestly assess the state of the problem for all countries--even trading partners like Malaysia. The U.S. cannot allow political interests to outweigh the safety and freedom of the thousands of trafficked men, women, and children are at in Malaysia every day. We have to hold governments accountable for their actions--and hold our own government accountable when it refuses to do so," said Melysa Sperber, Director of the Alliance to End Slavery and Trafficking (ATEST).
"The implication that the State Department whitewashed Malaysia's complicity with modern-day slavery in order to ease passage of a trade agreement is something that deserves close investigation," said Arthur Stamoulis, executive director of Citizens Trade Campaign. "Our government should be acting to improve human rights and working conditions globally, not squashing them so that transnational corporations can make more profits."
"The facts on the ground make it very clear -- Malaysia is in the midst of a human trafficking crises and its government is doing little to stop it. This inaction is devastating to the refugees, migrant workers and others who are ensnared in the human trafficking web. No government should prioritize political gain through a trade agreement over human suffering. It is crucial we get to the bottom of how this harmful decision was made," said CWA Director of Legislative Affairs Shane Larson.
"The public deserves to know what considerations were used to justify an unsubstantiated upgrade in Malaysia's human trafficking ranking," said Luisa Abbott Galvao, climate and energy campaigner at Friends of the Earth. "Reports of political meddling in what should have been an independently-conducted assessment raise chilling questions about the corruptibility of our democracy; if a publication that is instrumental to combating human rights violations around the world can be altered for political convenience, what can we trust?"
Friends of the Earth fights for a more healthy and just world. Together we speak truth to power and expose those who endanger the health of people and the planet for corporate profit. We organize to build long-term political power and campaign to change the rules of our economic and political systems that create injustice and destroy nature.
(202) 783-7400“I have lost my faith in the integrity of how we do our work and our commitment to principled reporting on the facts and application of the law,” said resigning staffer Omar Shakir.
Two Human Rights Watch employees—the group's entire Israel-Palestine team—resigned after senior staffers blocked a report calling Israel's denial of Palestinian refugees' right of return to their homeland a crime against humanity.
Jewish Currents' Alex Kane reported Tuesday that HRW Israel-Palestine team lead Omar Shakir and assistant researcher Milena Ansari are stepping down over leadership's decision to nix the report, which was scheduled for release on December 4. Shakir wrote in his resignation email that one senior HRW leader informed him that calling Israel's denial of Palestinian right of return would be seen as a call to “demographically extinguish the Jewishness of the Israeli state.”
“I have lost my faith in the integrity of how we do our work and our commitment to principled reporting on the facts and application of the law,” Shakir—who is also member of Jewish Currents' advisory board—wrote in his resignation letter. “As such, I am no longer able to represent or work for Human Rights Watch.”
In an interview published Tuesday by Drop Site News, Shakir—who was deported from Israel in 2019 over his advocacy of Palestinian rights—said: “I’ve given every bit of myself to the work for a decade. I’ve defended the work in very, very difficult circumstances... The refugees I interviewed deserve to know why their stories aren’t being told."
Ansari said that "whatever justification" HRW leadership "had for pausing the report is not based on the law or facts."
The resignations underscored tensions among HRW staffers over how to navigate a potential political minefield while conducting legal analysis and reporting of Israeli policies and practices in the illegally occupied Palestinian territories.
As Kane reported:
The resignations have roiled one of the most prominent human rights groups in the world just as HRW’s new executive director, Philippe Bolopion, begins his tenure. In a statement, HRW said that the report “raised complex and consequential issues. In our review process, we concluded that aspects of the research and the factual basis for our legal conclusions needed to be strengthened to meet Human Rights Watch’s high standards.” They said that “the publication of the report was paused pending further analysis and research,” and that the process was “ongoing.”
Kenneth Roth, a longtime former HRW executive director, defended the group's decision to block the report, asserting on social media that Bolopion "was right to suspend a report using a novel and unsupported legal theory to contend that denying the right to return to a locale is a crime against humanity."
However, Shakir countered that HRW "found in 2023 denial of a return to amount to a crime against humanity in Chagos."
"This is based on [International Criminal Court] precedent," he added. "Other reports echoed the analysis. Are you calling on HRW to retract a report for its first time ever, or it just different rules for Palestine?"
Polis Project founder Suchitra Vijayan said on X Tuesday that "the decision by Human Rights Watch’s leadership to pull a report on the right of return for Palestinian refugees, after it had cleared internal review, legal sign-off, and publication preparation, demands public reckoning."
"This was not a draft in dispute and the explanation offered so far evades the central issue of 'institutional independence' in the face of political pressure," added Vijayan, who is also a professor at Columbia and New York universities. "Why was the report stopped, and what does this decision signals for the future of its work and credibility on Palestine?"
Offering "solidarity to Omar and Milena" on social media, Medical Aid for Palestinians director of advocacy and campaigns Rohan Talbot said that "Palestinian rights are yet again exceptionalized, their suffering trivialized, and their pursuit of justice forestalled by people who care more about reputation and expediency than law and justice."
Sarah Leah Whitson, HRW's former Middle East and North Africa director and currently executive director at Democracy for the Arab World Now, told Drop Site News on Tuesday that “We have once again run into Human Rights Watch’s systemic ‘Israel Exception,’ with work critical of Israel subjected to exceptional review and arbitrary processes that no other country work faces."
The modern state of Israel was established in 1948 largely through a more than decadelong campaign of terrorism against both the British occupiers of Palestine and Palestinian Arabs and the ethnic cleansing of the latter. More than 750,000 Palestinians fled or were expelled from their homeland, sometimes via massacres or the threat thereof, in what Arabs call the Nakba, or catastrophe.
More than 400 Palestinian villages were destroyed or abandoned, and their denizens—some of whom still hold the keys to their stolen homes—have yet to return. Today, they and their descendants number more than 7 million, all of whom have been denied the right of return affirmed in United Nations General Assembly Resolution 194.
Many Palestinians and experts around the world argue that the Nakba never ended—a position that has gained attention over the past 28 months, as Israel has faced mounting allegations of genocide for a war that's left more than 250,000 Palestinians dead, maimed, or missing in the coastal strip and around 2 million people forcibly displaced, starved, or sickened.
Bolopion told Kane Tuesday that the controversy over the blocked report is “a genuine and good-faith disagreement among colleagues on complex legal and advocacy questions."
“HRW remains committed to the right of return for all Palestinians, as has been our policy for many years," he added.
As some Democrats suggest compromising in order to reform the agency, Rep. Rashida Tlaib said that “ICE was built on violence and is terrorizing neighborhoods. It will not change.”
President Donald Trump on Tuesday signed a bill to end a brief government shutdown after the US House of Representatives narrowly passed the $1.2 trillion funding package.
While the bill keeps most of the federal government funded until the end of September, lawmakers sidestepped the question of funding for US Immigration and Customs Enforcement (ICE), which Democrats have vowed to block absent reforms to rein in its lawless behavior after the shootings of Renee Good and Alex Pretti in Minneapolis and a rash of other attacks on civil rights.
The bill, which passed on Tuesday by a vote of 217-214, extends funding for ICE's parent agency, the Department of Homeland Security (DHS), for just two weeks, setting up a battle in the coming weeks on which the party remains split.
While most Democrats voted against Tuesday's measure, 21 joined the bulk of Republicans to drag it just over the line, despite calls from progressive activists and groups, such as MoveOn, which Axios said peppered lawmakers with letters urging them to use every bit of "leverage" they can to force drastic changes at the agency.
House Appropriations Committee Ranking Member Rosa DeLauro (D-Conn.), who voted for the bill, acknowledged that it was "a leverage tool that people are giving up," but said funding for the rest of the government took precedence.
The real fight is expected to take place over the next 10 days, with DHS funding set to run out on February 14.
ICE will be funded regardless of whether a new round of DHS funding passes, since Republicans already passed $170 billion in DHS funding in last year's One Big Beautiful Bill Act.
Democrats in both the House and Senate have laid out lists of reforms they say Republicans must acquiesce to if they want any additional funding for ICE, including requirements that agents nationwide wear body cameras, get judicial warrants for arrests, and adhere to a code of conduct similar to those for state and local law enforcement.
Rep. Pramila Jayapal (D-Wash.), the chair emerita of the Congressional Progressive Caucus who voted against Tuesday's bill reiterated that in order to pass longterm DHS funding, "there must be due process, a requirement for judicial warrants and bond hearings; every agent must not only have a bodycam but also be required to use it, take off their masks, and, in cases of misconduct, undergo immediate, independent investigations."
Some critics have pointed out that ICE agents already routinely violate court orders and constitutional requirements, raising questions about whether new laws would even be enforceable.
A memo issued last week, telling agents they do not need to obtain judicial warrants to enter homes, has been described as a blatant violation of the Fourth Amendment. Despite this, House Speaker Mike Johnson (R-La.) said on Tuesday that Republicans will not even consider negotiating the warrant requirement, calling it "unworkable."
"We cannot trust this DHS, which has already received an unprecedented funding spike for ICE, to operate within the bounds of our Constitution or our laws," Jayapal said. "And for that reason, we cannot continue to fund them without significant and enforceable guardrails."
According to recent polls, the vast majority of Democratic voters want to go beyond reforms and push to abolish ICE outright. In the wake of ICE's reign of terror in Minneapolis, it's a position that nearly half the country now holds, with more people saying they want the agency to be done away with than saying they want it preserved.
"The American people are begging us to stop sending their tax dollars to execute people in the streets, abduct 5-year-olds, and separate families," said Rep. Rashida Tlaib (D-Mich.), who gathered with other progressive lawmakers in the cold outside DHS headquarters on Tuesday. "ICE was built on violence and is terrorizing neighborhoods. It will not change... No one should vote to send another cent to DHS."
Rep. Ilhan Omar (D-Minn.), who comes from the Minnesota Somali community targeted by Trump's operation there, agreed: "This rogue agency should not receive a single penny. It should be abolished and prosecuted."
"Feel like this isn't gonna work out well," one legal expert said in response to the leaked DOJ plan.
The US Department of Justice is reportedly setting up a new program that would create a team of prosecutors who can parachute into different areas throughout the country to bring charges against protesters who have allegedly assaulted or obstructed law enforcement officers.
As reported by Bloomberg on Tuesday, a Department of Justice (DOJ) memo mandates that US attorney's offices designate some of their staff members to serve on "emergency jump teams" that can surge into areas on short notice to prosecute cases.
"A senior official instructed leaders of the nation's 93 US attorney’s offices... that they have until February 6 to designate one or two assistant US attorneys," reported Bloomberg, "who’d be available for short-term surges in unspecified areas needing 'urgent assistance due to emergent or critical situations.'"
The effort to create "jump teams" of lawyers comes as the US Attorney's Office in Minnesota has been hit with a wave of resignations in the wake of the federal government's surge of federal immigration enforcement agents into the state.
According to a Monday report from the Minnesota Star Tribune, 14 lawyers at the Minnesota US Attorney's Office have either already resigned or announced their intention to resign in just the last month, an unprecedented number of departures in such a short period of time.
Bloomberg writes that the "jump team" plan "signals the Trump administration’s attempt to offset career prosecutor attrition... with a nationwide pool of reinforcements on standby."
The plan was potentially telegraphed by White House deputy chief of staff Stephen Miller on Saturday, when he put out a call on social media for more attorneys to come work for the Trump administration.
"If you want to combat fraud, crime and illegal immigration, reach out," Miller wrote. "Patriots needed."
Attorney Ken White, a former federal prosecutor, speculated on Sunday that Miller's call reflected "real internal problems" at the DOJ, and he predicted that one solution the administration could try would be to create a mobile legal strike force much like the one outlined in the leaked DOJ memo.
However, White argued that this approach would be far from a magic bullet to solve the administration's staffing woes.
"The impediments will be these: They will get dregs who will do a bad job," White wrote. "Federal prosecution is not rocket science but federal judges do have notably higher standards than state judges and if you MAGA your way around federal court you will get your ass handed to you."
Jonathan Booth, a law professor at the University of Colorado Boulder, also predicted that the administration's strike force plan would run into some major speed bumps.
"Imagine, you're a federal prosecutor in San Diego," he wrote in a social media post. "It's sunny, warm, you have a whole set of important cases. Then suddenly 'we need you to go to Buffalo and prosecute extremely weak misdemeanor cases.' Feel like this isn't gonna work out well."