Trafficking in Persons Compliance Plan
Issued by: Centro de Derechos Humanos de las Mujeres, A.C.
Effective date: April 26, 2019
Update date: April 26, 2022
Cooperative Agreement Number: 720-523-18-CA-00007
Period of Performance: August 10, 2018– August 9, 2023
Pursuant to Centro de Derechos Humanos de las Mujeres (CEDEHM)´s status as an implementing partner of the United States Agency for International Development (USAID), CEDEHM personnel are required to comply with the provisions contained in Federal Acquisition Regulation 52.222-50 (the “FAR”).
II. COMPLIANCE PLAN
The following sets forth CEDEHM’s compliance plan for the above referenced agreement, as required by FAR 52.222-50(h), based upon the size and complexity of the agreement and the nature and scope of the activities. Additional awareness information about trafficking in persons may be found at the U.S. Department of State’s Office to Monitor and Combat Trafficking in Persons website at http://www.state.gov/j/tip.
a. Awareness Program
Pursuant to the provision M.15, the recipient, sub-awardee, or contractor, at any tier, or their employees, labor recruiters, brokers or other agents, must not engage in:
(1) Trafficking in persons (as defined in the Protocol to Prevent, Suppress, and Punish Trafficking in Persons, especially Women and Children, supplementing the UN Convention against Transnational Organized Crime) during the period of this award;
(2) Procurement of a commercial sex act during the period of this award;
(3) Use of forced labor in the performance of this award;
(4) Acts that directly support or advance trafficking in persons, including the following acts:
Destroying, concealing, confiscating, or otherwise denying an employee access to that employee’s identity or immigration documents; Failing to provide return transportation or pay for return transportation costs to an employee from a country outside the United States to the country from which the employee was recruited upon the end of employment if requested by the employee, unless: a) exempted from the requirement to provide or pay for such return transportation by USAID under this award; or b) the employee is a victim of human trafficking seeking victim services or legal redress in the country of employment or a witness in a human trafficking enforcement action; Soliciting a person for the purpose of employment, or offering employment, by means of materially false or fraudulent pretenses, representations, or promises regarding that employment; Charging employees recruitment fees; or Providing or arranging housing that fails to meet the host country housing and safety standards.
On an annual basis, CEDEHM requires all employees to certify that they have read and understand CEDEHM’s Code of Conduct and agree to comply with the policies, procedures and principles of the Policy on Human Trafficking. The policies will be publicly posted on CEDEHM’s website at: cedehm.org.mx/es/
CEDEHM will conduct individual and group trainings approximately annually and as needed throughout the year. For new personnel, this training will be given as part of the induction process.
The FAR clause is “flowed down” to our sub-awardees, as applicable. Sub-awardees are also asked to certify that they have read and understood CEDEHM’s Policy on Human Trafficking and asked to certify that they have read and understood that document. Copies of the subawardees certifications are maintained on file with CEDEHM.
Consultants are provided copies of CEDEHM’s Policy on Human Trafficking and asked to certify that they have read and understood the policy.
b. Reporting process
Employees should consult the Administration and Finance area if they are uncertain whether a specific action would be in violation of the FAR or the Policy. Employees may report, in good faith, and have a responsibility to, without fear of retaliation and subject to protection under 10 U.S.C. 2409, as implemented in DFARS subpart 203.9, for reprisal for whistleblowing on trafficking in persons violations, any activity that violates the FAR or CEDEHM’s Policy on Human Trafficking to CEDEHM’s management. In addition, employees may contact the Global Human Trafficking Hotline at 1-844-888-FREE or via its email address at [email protected] or the Department of Defense at www.dodig.mil/hotline/ or toll free at 800- 424-9098. Anyone else, including subcontractors, agents, and consultants may use the hotlines or websites.
CEDEHM shall promptly inform the Agreement Officer upon receipt of credible information alleging a violation of FAR 52.222-50; and any actions taken against a CEDEHM employee, sub-awardee, sub-awardee employee, or their agent pursuant to FAR 52.222-50.
d. Recruitment and Wage Plan
CEDEHM prohibits the use of any misleading or fraudulent recruitment practices during the recruitment of employees or offering of employment to employees. CEDEHM employees must fully and accurately disclose, in a format and language accessible to the employee, all key terms and conditions of employment, including wages and benefits, work location, living conditions, housing and associated costs (where provided or arranged by CEDEHM), significant costs to be charged to the employee, and, if applicable, the hazardous nature of the work. CEDEHM prohibits the use of recruiters that do not have trained employees, or that do not comply with all labor laws of the country where the recruitment takes place.
CEDEHM prohibits charging recruitment fees to any employee. CEDEHM will pay to all employees wages that meet applicable host-country legal requirements, or will explain any variance. Where required by law or contract, CEDEHM will provide to every employee an employment contract, recruitment agreement or other required work document, written in a language the employee understands, containing all required information about the terms of conditions of employment, which may include, by way of example, the work description, wages, work location, living accommodations and associated costs, time off, transportation arrangements, grievance process, the content of applicable laws and regulations prohibiting trafficking in persons, and the prohibition on recruitment fees. If the employee must relocate to perform the work, CEDEHM will provide the required work document at least five (5) days prior to relocation. CEDEHM prohibits destroying, concealing, confiscating or otherwise denying any employee access to his or her identity or immigration documents. CEDEHM will provide or pay the cost of return transportation at the end of employment for any employee who is not a national of the country where the work took place and was brought into that country by CEDEHM for purposes of working on a covered US Government contract or award. CEDEHM will provide or pay the cost of return transportation at the end of employment for any employee who is not a US national and was brought into the US for purposes of working on a covered US Government contract or award, if payment of such costs is required under existing temporary work programs or pursuant to a written agreement with the Worker for portions of contracts and awards performed outside the US.
e. Housing Plan
In situations where CEDEHM provides housing to employees, the housing will meet host country housing and safety standards.
CEDEHM will provide certifications to the Agreement Officer annually as required by the FAR.