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2006 TRAFFICKING IN PERSONS REPORT: TAIWAN

Date:

2006 March 1, 07:05 (Wednesday)

Canonical ID:

06TAIPEI642_a


Original Classification:

UNCLASSIFIED

Current Classification:

UNCLASSIFIED


Handling Restrictions

-- Not Assigned --


Character Count:

83010


Executive Order:

-- Not Assigned --

Locator:

TEXT ONLINE


TAGS:

ASEC - Administration--Security | ELAB - Economic Affairs--Labor and Manpower; Labor Sector Affairs | KCRM - Criminal Activity | KFRD - Fraud Prevention Programs | KWMN - Women''s Issues | PHUM - Political Affairs--Human Rights | PREF - Political Affairs--Refugees | SMIG - Social Affairs--Migration

Concepts:

-- Not Assigned --


Enclosure:

-- Not Assigned --

Type:

TE - Telegram (cable)


Office Origin:

-- N/A or Blank --


Office Action:

-- N/A or Blank --

Archive Status:

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From:

Taiwan American Institute Taiwan, Taipei

Markings:

-- Not Assigned --


To:

Cambodia Phnom Penh | China Beijing | China Guangzhou | China Hong Kong | China Shanghai | China Shenyang | Department of Justice  | Department of Labor  | Department of the Treasury  | Indonesia Jakarta | Japan Tokyo | Philippines Manila | RHEFHLC DHS WASHINGTON DC  | Secretary of State  | Thailand Bangkok | Vietnam Hanoi | Vietnam Ho Chi Minh City





Content



Show Headers

1. (U) Following is AIT/T's 2005-06 Trafficking-in-Persons
(TIP) report.  The report is presented according to reftel
 sections, beginning with 21 A.

--------
Overview
--------

21 A. (SBU) Is the country a country of origin, transit or
destination for international trafficked men, women or
children?  Specify numbers for each group; how were they
trafficked, to where, and for what purpose.  Does the
trafficking occur within the country's borders?  Does it
occur in territory outside of the government's control (e.g.
in a civil war situation)?  Are any estimates or reliable
numbers available as to the extent or magnitude of the
problem?  Please include any numbers of victims.  What is
(are) the sources (s) of available information on trafficking
in persons or what plans are in place (if any) to undertake
documentation of trafficking?  How reliable are the numbers
and these sources?  Are certain groups of persons more at
risk
of being trafficked (e.g. women and children, boys versus
girls,
certain ethnic groups, refugees, etc.)?

Country of Origin: Taiwan is a source country for a limited
number of women trafficked to Japan.  Official estimates are
not available on the number of women being trafficked from
Taiwan because the women are transported legally on
commercial flights to Japan.  Citizens of Taiwan currently
do not need visas to visit Japan.  The majority of the women
trafficked come from rural areas, have limited incomes, and
few
employment opportunities.  According to Interpol Taipei, the
women are lured to Japan with promises of job opportunities,
which include free transportation, that are posted in
advertisements mostly in southern Taiwan.  The advertising is
done under the guise of employment agencies with contacts in
Japan.  In reality the advertisements with promises of legal
jobs are scams.  Once the women from Taiwan arrive in Japan,
they are forced into prostitution or other forms of labor and
threatened with bodily harm to prevent them from going to
authorities.  According to Interpol Taipei officials, the
problem is large enough to warrant an officer in Taiwan's
representative office in Tokyo working in cooperation with
Japanese authorities to identify trafficking victims and
return
them to Taiwan.

Country of Transit: Taiwan is not a transit point for a
significant number of internationally trafficked persons.
Taiwan is a transit point for a small number of illegal
Mainland Chinese seeking to enter the United States.  Taiwan
criminal gangs are involved in smuggling these immigrants
through the use of fraudulent Taiwan travel documents and
aboard Taiwan-operated ships.  Although these illegal aliens
are voluntary migrants, some of them may end up victims of
trafficking as they become caught up in debt bondage, forced
prostitution, or other schemes upon reaching their
destination.

Country of Destination: There are continuing reports of
women from Mainland China and Southeast Asia being trafficked
to Taiwan for purposes of prostitution and forced labor.
There are also reports that fraudulent marriages to Taiwanese
men, primarily with women from Vietnam, are being used for
trafficking.  In addition, the problem of Labor trafficking
was highlighted after several foreign worker protests and
riots occurred in 2005 over poor working conditions and
worker
rights.

TAIPEI 00000642  002 OF 026



Taiwan's lucrative sex trade, cultural, and geographic
proximity with the PRC and Southeast Asia, and large-scale
movement of foreign workers provide opportunities for
traffickers
to exploit victims.  The majority of trafficking victims are
forced into the sex industry, primarily prostitution.  There
are
also known cases of forced manual labor, domestic servitude,
and
work in restaurants.  In most cases, the victims' passports
are
seized, and they may be subject to threats of violence in
order
to keep them from going to the authorities or attempting to
escape from their captors.  The Ministry of Interior (MOI)
reported that there were 2220 trafficking-related arrests
in 2005 (1074 from the PRC and 1146 from Southeast Asia).
According to MOI, Taiwan authorities in 2005 deported 1440
PRC
citizens and 1144 citizens from Southeast Asia.  Due to the
large number of foreign workers and foreign brides in Taiwan,
reliable estimates of the number of persons being trafficked
in these categories is unavailable and difficult to estimate.


There are also reports of a small number of girls who
are forced into prostitution.  According to women's rights
groups involved in rehabilitating girls and women caught in
Taiwan's sex industry, the number of trafficking victims that
are underage (under 18) is low.  According to MOI officials,
of the 1013 PRC women at the Hsinchu and Ilan Detention
Centers as of February 2006, 19 are underage.  These numbers
can be attributed to the fact that the trafficking situation
has changed since the late 1980s when religious groups,
women's
rights groups and other non-governmental organizations (NGOs)
embarked on a campaign to end forced child prostitution in
Taiwan.  Working with government officials, the NGOs achieved
the passage of the 1995 Statue for prevention of Child and
Juvenile
Sexual Trafficking.  That law not only specified heavy
penalties
for forcing minors into commercial sexual transactions, but
also provided for the prevention, rescue, rehabilitation and
protection of victims.  It stipulated that the government
create an interagency task force to monitor the law's
implementation. The 1995 statute specifically protected
minors
by capturing the attention of society in general and the
authorities in particular.  The social movement fostered by
the effort to end child prostitution also worked to reduce
forced prostitution of Taiwan and foreign adult women as well.

Sources of Information: Ministry of Justice, Ministry of
Interior, Immigration Bureau, Interpol Taipei, National
Police Administration, academics, human rights groups, and
women's rights and foreign labor/bride NGOs are the
primary sources for information about trafficking in persons.

These sources, all of which are generally reliable and all of
which often cooperate with each other in regards to
anti-trafficking efforts, agree that specific numbers of
trafficked persons are extremely difficult to come by.
There is a clear consensus that the incidence of trafficking
for prostitution of minors has declined dramatically since
the passage of the 1995 Statue for the Prevention of Child
and Juvenile Sexual Trafficking.

21 B. (SBU) Please provide a general overview of the
trafficking situation in the country and any changes since
the last TIP Report (e.g. changes in direction).  Also
briefly
explain the political will to address trafficking in persons.

TAIPEI 00000642  003 OF 026



Other items to address may include: what kind of conditions
are
the victims trafficked into?  Which populations are targeted
by the traffickers?  Who are the traffickers?  What methods
are
used to approach victims? (Are they offered lucrative jobs,
sold
by their families, approached by friends of friends, etc.?)
What
methods are used to move the victims (e.g., are false
documents
being used?).

Most female trafficking victims in Taiwan are from Mainland
China and Southeast Asia.  Many men from Southeast Asian
countries are also victims of labor trafficking.  Taiwan is
the final destination for the vast majority of the victims
trafficked to Taiwan.

Trafficking from the PRC: According to Taiwan Coast Guard
authorities in 2005, over 90 percent of illegal immigrants
they intercepted from the PRC were women.  Of these female
illegal immigrants, many are victims of trafficking and have
been forced into prostitution.  Coast Guard officials told
AIT
that previously the majority of illegal immigrants from the
PRC
were men who had been recruited for low wage labor.  However,
foreign workers from Indonesia, the Philippines, and Vietnam
are now filling these jobs.  Thus, trafficking syndicates are
focusing on women from the PRC in rural areas who lack
employment
opportunities in order to supply Taiwan's lucrative
prostitution
industry.  Most of the women from China are lured from poor
households
in Sichuan and Fujian province by trafficking syndicates with
promises of stable jobs in Taiwan.  The syndicates are based
in
Fujian and the Coast Guard estimates 60 percent of smugglers
use
one major route from Fujian's porous coastline to Taiwan.
The girls
are transported from the Fujian coast to PRC fishing boats
and then
transferred to Taiwan fishing boats at night.  The women are
delivered to trafficking syndicates where the girls are
auctioned
off based on their physical characteristics.  Coast Guard
officials
told AIT that the more attractive women are used for
prostitution
while the others are used for manual labor.  The majority of
girls
do not know they are coming to Taiwan for prostitution. NGOs
told
AIT that the women who agree to travel to Taiwan have to
repay about
US $6,500 in travel fees and the local traffickers sell each
girl
for around US $5,000.

Taiwan in 2005 made progress in addressing the care and
protection of
trafficked PRC women once they are taken into custody by
authorities.
Understanding and awareness of the problem of trafficking
among
government and police officials is increasing.  The MOI
constructed a
new facility solely for PRC TIP victims at the Ilan Detention
Center,
which includes a common area with recreation equipment,

TAIPEI 00000642  004 OF 026


organized
activities, television sets, and is operated more like a
shelter than
a detention facility.  At both the Hsinchu and Ilan Detention
Centers,
immigration authorities adopted a standard screening and
protection
system.  TIP victims are identified based on initial police
interviews, the circumstances of the women,s arrival in
Taiwan,
and other evidence obtained by investigators.  Once women
arrive at
the detention centers, a second interview is conducted with
the
assistance of social workers to ensure victims are properly
identified.
Victims have regular access to NGOs and social workers, and
recreational
activities are provided and encouraged.  Both NGOs and
religious social
workers visit the victims at least twice a week and are
available more
often if needed.  Taiwan authorities encourage trafficked
women to
cooperate with officials to prosecute traffickers.
Authorities have
developed a better understanding of the dangers trafficked
women face
and the need for proper protection if the women cooperate in
prosecuting
trafficking syndicates.  In 2005, Taiwan passed a witness
protection law
that protects women from retaliation and helps encourage
their
cooperation in investigating trafficking rings.

Taiwan authorities in 2005 also collaborated with NGOs to
enhance training
and TIP awareness among Taiwan law enforcement officials via
two trafficking
conferences co-sponsored by AIT and G/TIP.  In June 2005, the
Taipei Women,s
Rescue Foundation (TWRF) in partnership with the
International Organization
for Adolescents (IOFA) and AIT sponsored a TIP conference
that included
training sessions for Taiwan police and border officials
aimed at fostering
TIP awareness, identifying TIP victims, and providing victims
adequate care
and shelter.  In November 2005, a conference entitled
"Strategies for Combating
Human Trafficking from Southeast Asia to Taiwan," coordinated
by AIT, Vital
Voices, and the Garden of Hope Foundation focused on the
problem of TIP from
labor trafficking and fraudulent marriages and included
training sessions for
police officials.

Fraudulent Marriages: NGOs and media outlets report that
fraudulent marriages
are commonly used as a vehicle for human trafficking, in part
because the
penalties for bogus husbands are lenient.  Under current
laws, maximum
penalties for "sham" marriages (those who serve as false
husbands) is only a
few days in jail and fines under $100.  Penalties for
traffickers are much
higher, but traffickers are rarely apprehended by
authorities.  Foreign brides
are lured to Taiwan by traffickers disguised as marriage
brokers, only to be

TAIPEI 00000642  005 OF 026


forced into prostitution or exploitive labor.  Many incidents
of physical and
mental abuse have been reported in the media and by NGOs.
According to MOI
statistics, in 2005 nearly a quarter of new marriages in
Taiwan involved a
foreign bride and around 70 percent of the foreign
non-Chinese brides are
from Vietnam.  Taiwan MOFA officials estimate that since 1995
approximately
100,000 Vietnamese women have been issued Taiwan marriage
visas.  According
to NGOs and police officials, organized recruiting rings in
Cambodia and
Vietnam work with "husband" recruiters in Taiwan to traffic
the women to
Taiwan and then lease them to local brothels.

Fraudulent marriages have become the method of choice for
trafficking
women since it is safer than smuggling women by boat and
there is little
cost for the husbands if they are caught.  MOFA and NGO
officials say
that the typical groom pays US $6,000 to $10,000 for a
package which
includes at least one trip to Vietnam, the opportunity to
pick a bride
from a lineup of young women, and any marriage ceremonies and
paperwork
needed to complete the migration process.  MOFA officials
admit there
is no effective system for tracking immigrants once they
enter Taiwan.
Vietnamese brides receive a 6-month resident permit upon
entry to
Taiwan.  They are subsequently required to register with the
police
for their Alien Resident Certificates, which are valid for
one year.
After three years, a bride can apply for Taiwanese
citizenship, but
if the bride does not live with her husband, the marriage is
considered
fraudulent and her stay in Taiwan is deemed illegal.  MOFA
officials
explained that police do not have the resources to verify if
the
brides live with their husbands and cited a survey conducted
by
police in Taipei County in 2005 which showed that 47 percent
of
Vietnamese brides in the county were not living with their
husbands.
Taiwanese authorities have no statistics on the status of
these women,
and MOFA explained that domestic abuse, age differences,
language
barriers, and cultural differences as contributing to this
situation.

The influx of foreign brides has sparked some anxiety in
Taiwan about
their impact on Taiwan society and culture.  There is a
degree of
prejudice against foreign brides because they are perceived
as uneducated
and poor, marrying for money, or entering Taiwan for
prostitution or
illegal work.  The main social problem associated with
foreign brides,
according to press reports and discussions with government
officials,
is their low education level and language ability.  Southeast

TAIPEI 00000642  006 OF 026


Asian
brides in particular are viewed as uneducated because they
cannot
speak Mandarin fluently, which many Taiwanese fear will
hinder the
children of foreign brides and their development in Taiwanese
society.

Only recently has the issue of foreign brides and the
accompanying
social implications caught the attention of political leaders
and
law enforcement officials in Taiwan.  As legislators, NGOs,
and media
outlets increasingly speak out on the issue of "foreign
brides," Taiwan
authorities are beginning to take measures to address the
plight of
Southeast Asian women lured to Taiwan for false marriages and
then
forced into prostitution.  Although the government still does
not
perform a criminal or domestic abuse check on the prospective
Taiwanese grooms prior to the marriage, one mechanism Taiwan
instituted in 2005, citing the growing number of marriages
for
purposes of trafficking, is to interview foreign spouses
face-to-face
in their home countries before departure to Taiwan or upon
their
arrival in Taiwan to ensure the marriages are legitimate.
Marriage
registration must be completed in both countries and all
documentation
is scrutinized.  Suspicious cases are either rejected
outright or are
given only a 30-60 day visa, and Taiwan authorities follow up
after
the women arrive in Taiwan.  Visas for marriages determined
to be
fraudulent are canceled.  Prior to 2005, relatively few of
the cases
were refused.  According to MOFA statistics, approximately
12,000
brides from Southeast Asia were interviewed in 2004 and
11,000 of
those cases were approved.  By contrast, MOFA officials said
that
in 2005 around 30 to 35 percent of cases had been rejected
outright
since initiation of one-on-one interviews.  Also beginning in
2005,
Taiwan requires couples receiving visas to attend a mandatory
two-hour
information session where women are informed about their
rights under
Taiwanese law.  According to MOFA, Taiwan also established a
domestic
violence hotline staffed by workers who speak Vietnamese,
Cambodian,
Thai, and English.  These workers have the authority to help
victims find
shelters and to provide legal and financial assistance to
abused foreign
brides.  The government also allocated US $100 million over
10 years to
help foreign brides adjust to life in Taiwan by offering
resources such
as language, culture, and support programs.

NGOs welcome these changes, but note that relatively few
brides are aware
there are resources available to help them and point out that
the quality

TAIPEI 00000642  007 OF 026


of care and protection offered by authorities for victims is
inconsistent
and varies because most cases are handled by local police and
court
officials.

Labor Trafficking: Riots and protests by foreign workers in
2005 over
poor working conditions and abuses by employer brokers have
highlighted
the problem of labor trafficking and illustrated the need for
changes in
Taiwan,s treatment of foreign workers.  According to MOI,
there are
approximately 314,000 foreign workers in Taiwan.  They are
composed of
90,000 each from Vietnam, Thailand, and the Philippines, and
20,000 from
Indonesia.  Many foreign workers are hired as domestic
caretakers and then
sent to factories after they arrive in Taiwan.  Employers use
this method
to circumvent quotas on hiring foreign workers since domestic
caretakers
are exempted from quota restrictions.  The foreign workers
are required to
work in factories but then paid the same wages as a domestic
caretaker; a
fraction of the prevailing wage rate for a factory worker.
Moreover,
Taiwan has no rules that protect foreign workers from being
repatriated.
Under current laws, an employer can repatriate foreign
workers at any time.
Without this protection, foreign workers who raise concerns
or seek help
can be arbitrarily deported.  This was one of the factors
that led to
Thai worker riots and protests in 2005.  In July, sixteen
Filipino
construction workers tried to stage a strike at the Formosa
Plastics
Corporation oil refinery about salary deductions.  They were
allegedly beaten by refinery guards and immediately deported
without
recourse.

High broker fees turn workers into indentured servants when
they arrive
in Taiwan.  For example, a domestic caretaker over three
years will pay
brokers around US $4,000 to $8,000 for a job in Taiwan.  Most
workers
expect to save nothing in the first 1-2 years to pay off the
debt to the
brokers. As a result, many workers run away from their
brokers to seek
other jobs.  According to the Council of Labor Affairs (CLA),
the number
of Vietnamese who illegally "escaped" from their work place
(i.e. came
to Taiwan to work and then disappeared from their place of
employment)
increased from 1,584 in 2002 to 7,536 in 2004 to 12,079 as of
December
2005.  The overall "escape" rate increased from 10 percent in
2004 to
14 percent in 2005.  Due to the high escape rates over the
past three
years, the CLA has suspended the import of new Vietnamese
workers.
According to Taiwan officials, the escape rate can partially
be
explained because higher wages are offered by illegal

TAIPEI 00000642  008.2 OF 026


employers (US $800 per month versus $500).  NGOs say another
factor is the harsh conditions and abuses many workers must endure.
There are no figures available on the number of those "escapees"
who were victims of trafficking.  Penalties for employers involved
in labor trafficking are light and usually involve a small fine.
Labor authorities will rescind an employer's right to hire domestic
caretakers only after the third offense.  Domestic caretakers, who
account for about half of foreign workers in Taiwan, are not
covered by Taiwan's labor standards law.  Without
any laws to protect domestic caretakers, time off, minimum
wage, and working conditions are decided by the employer.
In April 2005, a broker in southern Taiwan was discovered to
have raped up to thirty Vietnamese foreign workers
whom he had brought to Taiwan.

The CLA is doing more to combat labor trafficking in Taiwan.
In 2004, the CLA established a legal aid office that provides
free legal services to foreign workers.  The government in 2005
also established 24 offices around the island to provide
counseling and other services to foreign workers.  CLA
also publishes pamphlets in various languages that explain
worker rights and provide information on resources available.
Weekly radio programs are broadcast in various languages directed
toward foreign workers.  The government also established a
hotline for workers to report abuse. Taiwan authorities
are working with NGOs to provide shelter and care to victims
of labor trafficking.  Victims have the option of remaining in
Taiwan if they want to keep working for different employers or
they can return home. However, according to NGOs and from cases
observed by AIT, many workers are unaware of the hotline, the
pamphlets, or the availability of shelters.
To address the deportation problem, the CLA said that plans
are underway to build a separate waiting area for foreign workers
at the airport. Brokers will not be allowed in the area and the
workers will be given pamphlets in their language detailing their
rights.  On departure the foreign workers will be allowed to report
any illegal activity and be given the option to stay in a government
shelter if they believe they are being deported without cause.

Political Will: There is increasing political will and effort
by Taiwan authorities to combat trafficking in persons and human
smuggling. Taiwan authorities have continued to address trafficking
in persons as they have become more aware and better equipped to
handle the problem.  Minister of Justice Shih Mao-lin specifically

TAIPEI 00000642  009 OF 026


mentioned the
problem of trafficking during his February 1, 2005 arrival
speech at
MOJ, stating that trafficking in persons is a crime and that
it not only
gives Taiwan a bad image abroad, but is itself a basic human
rights issue.
As previously noted in 21 B, Taiwan authorities have made
considerable
improvements in the way they identify, process, and care for
TIP victims.
Authorities are also becoming more attuned to the issue of
labor
trafficking and TIP via fraudulent marriages.

In 2003, senior officials in both the EY and MOI became
personally
involved in the effort to prevent trafficking when they
pushed for
the implementation of a new immigration process for Mainland
Chinese
spouses, some of whom were known to have been involved in
false or
contrived marriages that resulted in the "wife" becoming the
victim of
trafficking.  As part of the process, AIT's Consular Section
was
asked by the Bureau of Immigration to provide training to its
officers in interview techniques, the detection of false
marriages,
and other anti-smuggling and anti-trafficking measures that
can
be applied during the immigration process.  The result was
the Bureau of Immigration's establishment of a new interview
mechanism for Mainland spouses in September 2003.  The
Bureau of Immigration interviewed 42,164 Mainland spouses
in 2005.  Of these marriages, 1,372 were found to be
fraudulent.

Taiwan has also stepped up efforts to target syndicates
smuggling women from the PRC to Taiwan.  From November 2003
to May 2004, Taiwan's Coast Guard set up a temporary
trafficking syndicate task force in cooperation with the PRC
Coast Guard.  Taiwan Coast Guard authorities apprehended over
2000 women from Mainland China trying to enter Taiwan
illegally.  In 1998, less than 100 women were apprehended
which the Coast Guard said reflects the new situation of
primarily women being smuggled and Taiwan's new focus on
combating the trafficking problem.  Coast Guard officials in
January 2006 told AIT that such cooperation is often
dependent on
the status of "political" relations between the PRC and
Taiwan and
explained that there have not been additional task forces
since
2004, although repatriations continue.  A more stringent law
also
was enacted in January 2004 aimed at cross-Strait smugglers.
The
statute stipulates that any person found guilty of smuggling
Mainland Chinese into Taiwan shall be punished with a prison
term
of 3-10 years and fined up to US $150,000.  Boat owners and
crewmembers
associated with smuggling will be punished with a prison term
up to
3 years and/or a US $30,000-$200,000 fine and the boat will
be
confiscated.

On the legislative front, Legislator Bi-khim Hsiao has taken
the lead in sponsoring TIP-related legislation and is pushing
for a comprehensive TIP law.  In December 2005, the
Legislative

TAIPEI 00000642  010 OF 026


Yuan (LY) Home and Nations Committee held a hearing on human
trafficking and reached a bipartisan consensus to add a
special
anti-trafficking provision in new immigration laws under
consideration.  The same committee in February 2006 discussed
the need for adopting formal standards for the protection of
trafficking victims and pledged to work on formal legislation
that would address the needs of victims.  In November 2005,
the LY passed a law to streamline immigration policies and
procedures under a revamped Bureau of Immigration, which will
begin operating in 2006.  The new Bureau of Immigration will
incorporate background investigations and interviews from
migrants,
repatriation, detection, residency permits, refugee
identification and asylum under one organization.

21 C. (SBU) What are the limitations on the government,s
ability
to address the problem in practice?  For example, is funding
for
police or other institutions inadequate?  Is overall
corruption
a problem?  Does the government lack the resources to aid
victims?

Taiwan's greatest handicap in fighting trafficking from the
PRC
is the state of relations with the PRC.  According to Taiwan
authorities, the complicated political relationship and lack
of normal communication channels between the two sides, as
well as an evident lack of willingness by the PRC to assist,
is their greatest roadblock and makes it very difficult for
them to deal as effectively with the problem as they would
like.

Regarding labor trafficking and fraudulent marriages, Taiwan
faces
few budget or personnel shortages that hinder the
government,s
ability to fight TIP or to provide adequate care and
protection
for victims.  Corruption may occur in isolated cases, but is
not
a widespread problem.  The primary handicap has been
Taiwan,s slow
response to the problem and lack of understanding of TIP --
although
this is changing as the government increased efforts in 2005
to
address TIP.

22 D. (SBU) To what extent does the government systematically
monitor its anti-trafficking efforts (on all fronts --
prosecution,
prevention and victim protection) and periodically make
available,
publicly or privately and directly or through
regional/international
organizations, its assessments of these anti-trafficking
efforts?

The government does not yet systematically monitor its
anti-trafficking
efforts on all fronts.  However, the government does
systematically
monitor underage trafficking.  The 1995 Statute for the
Prevention
of Child and Juvenile Sexual trafficking created an
interagency
taskforce composed of the ministries of Interior, Justice,
Defense, Economic Affairs, Transportation, Education, the
Department of Health, the Mainland Affairs Council, and the
Council of Labor Affairs.  Together with key NGOs, this task
force monitors implementation of the 1995 statute and

TAIPEI 00000642  011 OF 026


provides
guidance to member agencies through semi-annual written
reports.
The Public Prosecutors Office of the Taiwan High Court has
assigned prosecutors trained to handle trafficking cases and
has set up a supervisory group which regularly convenes
officials from district courts and police agencies to discuss
improving law enforcement on child and juvenile sex trade.

Taiwan government authorities have not yet sanctioned an
official survey or overview of the trafficking situation in
Taiwan.  In 2005, the NGO Taipei Women's Rescue Foundation
(TWRF) published a report on trafficked women in Taiwan.
Another local NGO, End Child Prostitution, Pornography and
Trafficking (ECPAT) Taiwan, drafted a short report on
trafficking which AIT reviewed in 2005 and used in last
year,s report.

----------
Prevention
----------

22 A. (SBU) Does the government acknowledge that trafficking
is a problem in that country?  If no, why not?

At the National level, Taiwan generally takes all forms of
alien smuggling and trafficking seriously and has publicly
expressed concern about these problems.  Taiwan authorities
had been less aware of the problem of foreign brides and
labor trafficking in the past, but have begun doing more
to combat the problem.  At the local level in more rural
areas of southern Taiwan, NGOs report that the government,s
understanding of TIP and assistance offered to trafficking
victims is inconsistent, varying from city to city.  Taiwan
authorities are conscious of the fact that Taiwan is a
small island alongside the world's most populous country
with a well-documented record of large-scale emigration,
often illegal.  With the expansion of two-way contact
between Taiwan and the PRC, Taiwan authorities have become
very attuned to, and concerned about, the increasing number
of mainland "immigrants," both legal and illegal, into
Taiwan.  They are also keenly aware that Taiwan makes an
attractive transit point for the smuggling of PRC nationals
to other countries and that Taiwan documents are the
papers of choice for "snakeheads" moving their human
cargo around the world.  The establishment of Taiwan's new
immigrant screening procedure is an example of their
seriousness in trying to deal with these challenges.
In addition, the EY's Human Rights Group in January 2005
published a report describing measures Taiwan government
agencies are taking to prevent trafficking in persons in
its response to the 2004 Human Rights report published
by the Department of State.  The EY's report highlighted
new statutes that target trafficking activities,
detailed law enforcement efforts to detain smugglers, and
listed new immigration initiatives to curb fraudulent
marriages from abroad.

22 B. (SBU) Which government agencies are involved in
anti-trafficking efforts and which agency, if any, has the
lead?

The Ministry of Justice, Ministry of the Interior (including
all bodies under the control of the National Police
Administration), Executive Yuan, Coast Guard, Ministry of
Education, Council of Labor Affairs, Ministry of Defense,
Ministry of Education, and Ministry of Transportation.

22 C. (SBU) Are there, or have there been, government-run
anti-trafficking information or education campaigns?  If so,
briefly describe the campaign (s) including their objectives
and effectiveness.  Do these campaigns target potential
trafficking victims and/or the demand for trafficking (e.g.
"clients" of prostitutes or beneficiaries of forced labor).

TAIPEI 00000642  012 OF 026



The Taiwan government has not sponsored an international
trafficking education campaign focused on trafficking from
the PRC or elsewhere abroad.  There has been extensive local
media coverage of PRC migration and the problems it poses.
Tensions in Taiwan-PRC relations have precluded a
Taiwan-organized media campaign in China.  The government has
organized a campaign focused on local Taiwanese women aimed
at curbing prostitution in Taiwan.  Concerned with the rising
incidence of Taiwan girls who voluntarily become prostitutes,
the ministries of Interior and Education are working with
NGOs to prevent school dropouts from becoming involved in the
sex industry.  The NGOs have set up counseling services and
youth organizations in an effort to get the dropouts to
return to school.  By law, when a student is absent for more
than three days without parental notification, the school
must notify the authorities, which then send a social worker
to investigate the case.

The 1995 statute provided for preventive educational programs
at schools that cultivate appropriate sexual psychology,
promote gender equality, teach respect for others, correct
improper sexual conceptions, develop self-defense skills, and
reinforce the message that sexual activities should not be
commercial transactions.  The Ministry of Education has
developed guidelines for implementing preventive education
courses and these courses have been added to the curriculum
at all school levels.

22 D. (SBU) Does the government support other programs to
prevent trafficking? (e.g., to promote women's participation
in economic decision-making or efforts to keep children in
school.)  Please explain.

The government supports various official and NGO
anti-trafficking prevention programs.  In 2003 the Health
Department created the Birth Announcement System.  The MOI's
Children's Bureau has formulated procedures for the
protection, settlement, and adoption of abandoned babies.
The Government Information Office publishes pamphlets and
produced a public service television commercial to appeal for
the protection of children and teenagers.  The government
financially supports a program sponsored by End Child
Prostitution, Pornography and Trafficking (ECPAT) in
which counselors visit teenage girls in shelters once a week
to ensure they do not become trafficking victims.  In
addition, the MOI initiated a new campaign in 2004 to educate
the public about the penalties of violating the Statute for
Prevention of Child and Juvenile Sex Trading.  The campaign
includes posting advertisements on public buses, sponsoring
awareness programs on the radio, and holding public forums.

22 E. (SBU) Is the government able to support prevention
programs?

Yes, the government provides financial support for NGOs
involved in women's rights issues and works with NGOs to
raise public awareness of sexual trafficking.  From 1999
through 2001, the government provided NT $100 million
(US $3 million) to the umbrella organization Foundation of
Women's Rights Promotion and Development (WRP), which in turn
supports local NGOs (see question 22 F).  At the end of 2004,
the LY approved a budget of NT $3 billion (US $100 million)
to help WRP fund programs to help mainland and foreign
spouses adjust to living in Taiwan and prevent them from
becoming trafficking victims.  In November 2003, President
Chen Shui-bian, along with the Ministry of Education
Childrn's Bureau Director, shot a public television
advertisement on "Internet Content Safety" to raise public
awareness on the dangers of Internet pornography and on
the use of the Internet to lure children into the sex trade.

22 F. (SBU) What is the relationship between government
officials, NGOs, other relevant organizations and other

TAIPEI 00000642  013 OF 026


elements of civil society on the trafficking issue?

Government cooperation with NGOs on TIP issues is
increasing.  In addition to the inter-agency taskforce
stipulated by the 1995 statute, the Foundation of
Women's Rights Promotion and Development (WRP) also
serves as a platform to discuss all women-related
issues.  The WRP is an NGO funded by the Executive
Yuan (EY) and is chaired by the Premier and includes
the ministers of Interior, Education, Justice,
Personnel Administration, Government Information Office,
Health, and Labor as well as academics and
representatives of NGOs.  NGOs praise these two
inter-agency taskforces for addressing women's and
children's issues.  As noted in 21 B, the government
collaborated with NGOs in 2005 to participate in TIP
conferences and is increasingly working with NGOs to
refer victims to shelters and provide protection to victims.

22 G. (SBU) Does it monitor immigration and emigration
patterns
for evidence of trafficking?  Do law enforcement agencies
screen for potential trafficking victims along borders?

The Taiwan authorities are very serious about controlling
their
Borders and have taken measures in 2005 to address
immigration
patterns that support trafficking (see 21 B).  However,
because of Taiwan's extensive coastline it is difficult to
cover all borders comprehensively.  The MOI, working through
the National Police Administration's Criminal Investigation
Bureau (CIB), the Aviation Police, the Bureau of Immigration,
and the Entry and Exit Bureau, has the lead on immigration
control.
The Entry and Exit Bureau is well-funded, efficient, and
maintains
an excellent database that is updated within twenty-four
hours
of a person's arrival at any regulated port of entry on
Taiwan.
The CIB and Criminal Investigation Division of the Aviation
Police receive specialized training in combating alien
smuggling.

The Taiwan authorities are also working to revamp their
current immigration policy.  In October 2003, the EY
submitted
two draft bills, "Plan for the Organization of the National
Immigration Agency" and "Regulations Governing the
Organization
of the National Immigration Agency," to the LY.  The LY
passed
the two bills in November 2005 and the revamped Bureau of
Immigration
will begin operating in 2006.  The MOI also submitted a draft
of
an amended "Immigration Law" to the EY, which approved it and
forwarded it to the LY in December 2003.  The bill, which is
aimed
at increasing the penalty for trafficking, however, is still
pending in the LY with no clear timeframe of when it might be
approved.

22 H. (SBU) Is there a mechanism for coordination and
communication
between various agencies, internal, international, and
multilateral on trafficking related matters, such as a
multi-agency working group or a task force?  Does the
government have a trafficking in persons working group or
single point of contact?  Does the government have a public
corruption task force?

Taiwan has an official mechanism to exchange information at

TAIPEI 00000642  014 OF 026


the national level regarding trafficking in persons.  Taiwan
also has a multi-agency task-force aimed at preventing the
trafficking of under-age girls.  The 1995 Statue for the
Prevention of Child and Juvenile Sexual Trafficking created
an
interagency taskforce composed of the ministries of Interior,
Justice, Defense, Economic Affairs, Transportation,
Education,
the Department of Health, the Mainland Affairs Council, and
the
Council of Labor Affairs.  Together with key NGOs, this task
force
monitors implementation of the 1995 statute and provides
guidance
to member agencies through semi-annual written reports.  In
addition to the inter-agency taskforce stipulated by the 1995
statute, the Foundation of Women's Rights Promotion and
Development (WRP) also serves as a platform to discuss all
women-related issues.  The WRP is an NGO funded by the
Executive Yuan (EY) and is chaired by the Premier and
includes the ministers of Interior, Education, Justice,
Personnel Administration, Government Information Office,
Health, and Labor as well as academics and representatives of
NGOs.

22 I. (SBU) Does the government coordinate with or
participate in multinational or international working groups
or efforts to prevent, monitor, or control trafficking?

Due to Taiwan's isolated international status, Taiwan law
enforcement agencies are unable to participants in most
international organizations or multinational working groups.
However, the Taiwan authorities cooperate extensively with
the
U.S. (with AIT, for example, on police training for immigrant
screening
of PRC Spouses, and with the Department of Homeland Security,
DHS),
and other destination countries such as Canada and Australia
on
alien smuggling.  In addition to planeside double-checks of
passengers boarding flights to the U.S., the Aviation Police
regularly
contact AIT and other representative offices when they
intercept
suspicious travelers and documents at ports of entry and
exit.  As a
result, intercepts of PRC and other illegal immigrants in the
U.S.,
Canada, Australia, and other countries with direct flights
from Taiwan
has fallen dramatically in the past three years.  As part of
the
proposed new Immigration Law, in May 2003 the MOI invited
foreign,
domestic law enforcement, and airline representatives from 14
countries
to participate in an inaugural Seminar on the Prevention of
Illegal
Immigration, at which the Taiwan authorities emphasized their
commitment
to greater international cooperation in combating all forms
of
transnational human smuggling, including trafficking in
persons.

22 J. (SBU) Does the government have a national plan of
action to address trafficking in persons?  If so, which
agencies were involved in developing it?  Were NGOs consulted
in the process?  What steps has the government taken to
disseminate the action plan?

Taiwan does not have a national plan of action to deal with
trafficking in persons beyond under-age victims.  Individual

TAIPEI 00000642  015 OF 026


departments and bureaus work to address the problem of
trafficking
and try to coordinate their actions.  Because Taiwan views
itself
predominantly as a transit and destination point for
internationally trafficked persons, most of its
anti-trafficking
efforts are aimed at stemming smuggling and illegal
immigration.
According to the MOI, Taiwan has formulated a comprehensive
policy,
legislation, and implementation plan in response to the
"complicated
entry, exit and immigration issues resulting from the human
inflow
and incoming immigrants."  On the policy front, the MOI
invited
experts and scholars to study and discuss the "Guidance for
the
Nation's Current Immigration Policy."  Designed in accordance
with
the principles of proactively guiding and assisting new
immigrants and
safeguarding illegal immigrant's human rights, the MOI
submitted the "Guidance" to the EY for approval in November
2003.  The "Guidance" has been implemented and the MOI is
also drafting an Immigration Policy White Paper to serve as
the basis for the government's immigration policy that was
passed in
November 2005.  The government has approved an National
Immigration
Agency to control cross-Strait migration, to prevent
international
terrorism, to promote administrative efficiency, to maintain
national security, and to prevent human smuggling.  The "Plan
for
the Organization of the National Immigration Agency of the
Ministry
of the Interior" is scheduled to go into effect in 2006.

On the legislative front, the EY submitted the MOI's draft
amended
Immigration Law to the LY in December 2003.  The draft law
contains
provisions dealing with human smuggling: applications for
residency by adoption would require that the adoptee and
adopter
live together in Taiwan; interviews would be required for
applications
for visits or residency by marriage; agents of the National
Immigration Agency would be permitted to detain temporarily
suspicious persons when they appear for entry inspections;
and
marriage brokers handling applications from mainland China
and
Hong Kong and spouses from mainland China and Hong Kong who
go
through marriage brokers would be subject to increased
scrutiny.
As of February 2006, the bill is still pending in the LY with
no
timeframe of when it might be approved.

--------------------------------------------
Investigation and Prosecution of Traffickers
--------------------------------------------

23 A. (SBU) Does the country have a law specifically
prohibiting trafficking in persons -- both trafficking for
sexual exploitation and trafficking for non-sexual purposes
(e.g. forced labor)? If so, what is the law?  Does the law(s)
cover both internal and external (transnational) forms of
trafficking?
If not, under what other laws can traffickers be prosecuted?

TAIPEI 00000642  016 OF 026


For example, are there laws against slavery or the
exploitation of
prostitution by means of coercion or fraud?  Are these laws
being
used in trafficking cases?  Are these laws, taken together,
adequate to cover the full scope of trafficking in persons?
Please
provide a full inventory of trafficking laws, including civil
penalties, (e.g., civil forfeiture laws and laws against
illegal
debt).

Taiwan does not have a comprehensive TIP law, but trafficking
in
persons is specifically prohibited by the 1995 Statute for
Prevention of Child and Juvenile Sexual Trafficking and
Articles
296 and 296-1 of the Criminal Code.  According to the MOJ,
there
were 10 indictments and 5 convictions under these statutes in
2005.

A more stringent law also was enacted in January 2004 aimed
at cross-Strait smugglers.  This law stipulates that any
person
convicted of smuggling Mainland Chinese into Taiwan shall be
punished
with a prison term of 3-10 years and fined up to US $150,000.
 Boat
owners and crewmembers associated with smuggling are subject
to a
prison term up to 3 years and/or a US $30,000-$200,000 fine
and
confiscation of boat.

As noted in 21 B, under the leadership of Bi-khim Hsiao, the
LY in
December 2005 held a hearing on human trafficking and reached
a
bipartisan consensus to add a special anti-trafficking
provision to
immigration laws now under deliberation in the LY.  The
relevant
LY committee in February 2006 discussed the need for adopting
formal standards for the protection of trafficking victims
and
pledged to work on formal legislation that would address
victim
protection.

23 B. (SBU) What are the penalties for traffickers of people
for sexual exploitation?  For traffickers of people for labor
exploitation?

Article 24 of the 1995 Statute for Prevention of Child and
Juvenile Sexual Trafficking states: "Those who use coercion,
threats, drugs, fraud, hypnotism or other means against the
victim's will to make a person under the age of eighteen
become involved in sexual transactions, shall be punished
with imprisonment of at least five years, and coupled with a
fine of not more than NT $2 million (US $57,100).  Those who
intend to make a profit by committing this crime shall be
punished with imprisonment of not less than seven years,
coupled with a fine of not more than NT $7 million (US
$200,000).  Those who habitually commit this crime shall be
punished with life imprisonment or imprisonment of not less
than 10 years, coupled with a fine of not more than NT $10
million (US $285,700)."

Article 25 of the 1995 Statute states: "Those who intend to
make a profit and involve a person under the age of eighteen
in sexual transactions by trafficking, pawning or other means
of the same nature shall be punished with imprisonment of
not less than five years, coupled with a fine of NT $7

TAIPEI 00000642  017 OF 026


million (US $200,000)."

Chapter 26 of the Criminal Code, "Offenses Against Personal
Liberty" provides an all-encompassing statute against
trafficking.  Chapter 26, Article 296, "Forcing a Person into
Slavery," states that "A person who enslaves another or
places another in a position without freedom similar to
slavery shall be punished with imprisonment of not less than
one and not more than seven years."

In 1999, the Criminal Code was revised to include Article
296-1, "Trafficking in Persons," which states that:

a) They who traffic or pawn a person shall be punished with
imprisonment of not less than five years, coupled with a fine
of not more than NT $500,000 (US $14,285).

b) They who intend to force a person into sexual intercourse
or obscene conduct by committing the crime specified in (a)
shall be punished with imprisonment of not less than seven
years, coupled with a fine of not more than NT $500,000.

c) They who use coercion, threats, intimidation, control,
drugs, hypnotism or other methods that are against the
victim's will by committing the crime specified in (a) and
(b) shall be punished with imprisonment increased by one-half
of the original provision for imprisonment.

d) They who mediate, obtain, harbor, or hide a victim of the
crimes specified in (a)-(c) or make the victim hide, shall be
punished with imprisonment of not less than one year and not
more than seven years, coupled with a fine of not more than
NT $300,000 (US $8,570).

e) They who habitually commit the crime specified in (a)-(d)
shall be punished with life imprisonment or imprisonment of
not less than ten years, coupled with a fine of not more than
NT $700,000 (US $20,000).

f) They who are public servants and commit the crime
specified in (a)-(e) shall be punished with imprisonment and
fine increased by one-half of the original provision for
imprisonment.

The 1999 revision to the Criminal Code also included the
addition of Article 231-1, which stipulates:

1) They who intend to profit by using coercion, threats,
intimidation, control, drugs, hypnotism or other methods that
are against the victim's will to make a person become
involved in sexual intercourse or obscene conduct with other
persons, shall be punished with imprisonment of not less than
seven years, coupled with a fine of not more than NT $300,000
(US $8,500).

2) They who mediate, receive or shield the victims of the
crime specified in (1) or make the victims hide shall be
punished with imprisonment of not less than one year and not
more than seven years.

3) They who habitually commit the crimes specified in (1) and
(2) shall be punished with imprisonment of not less than ten
years, coupled with a fine of not more than NT $500,000 (US
$14,280).

4) Public servants who shield others who commit the crimes
specified in (1)-(3) shall receive punishment increased by
one-half of the original provision for imprisonment.

23 C. (SBU) What are the penalties for rape or forcible
sexual assault?  How do they compare to the penalty for sex
trafficking?

Taiwan's Criminal Code prescribes the following penalties for

TAIPEI 00000642  018 OF 026


those found guilty of the offenses of rape, forcible sex, and
obscene conduct:

Article 221 (normal punishment): Any person who has forced,
intimidated, or threatened any man or woman into having
carnal
relations, or has done so by inducing hypnosis or other means
against his or her freewill, shall be punished with a prison
term of not less than three years and not more than 10 years.

An attempt to commit the above offense is punishable.

Article 222 (heavier punishment): A person who has committed
the above offense under one of the following circumstances
shall
be punished with life prison or a prison term of more than
seven years:

Committing the offense together with one or more persons;
Committing the offense against anyone under the age of 14;
Committing the offense by administering drugs; Committing the
offense and torturing the victim; Committing the offense
while employed on a means of public transportation;
Committing the offense after breaking into an inhabited
building or vessel; Committing the offense with the help of
weapon(s).

Article 224 (normal punishment): A person who has forced,
intimidated, or threatened any man or woman into committing
an indecent act, or has done so by inducing hypnosis or other
means against his or her freewill, shall be punished with a
prison term of not less than six months and not more than
five years.

Article 224 (Section 1) (offenses subject to heavier
punishment): Any person who has done so under one of
the circumstances prescribed in Article 222 shall be
punished with a prison term of not less than three
years and no more than 10 years.

Article 225 (committing the offense by taking advantage of
the victim's mental or physical disabilities or incapacity):
Any person who has committed the offense of rape against any
man or woman by taking advantage of his or her mental or
physical disabilities or incapacity shall be punished with a
prison term of more than three years and less than 10 years.
Any person who has committed an indecent act against any man
or woman by taking advantage of his or her mental
disabilities or incapacity shall be punished with a prison
term of more than six months but less than five years.  Any
attempt to commit the above offense is punishable.

Article 226 (heavier punishment): Any person who has
committed rape or has committed an indecent act, which has
resulted in the death or his or her victim, shall be
punished with life in prison or a prison term of more
than 10 years.  A person who injures his or her victim
while committing the offense shall be punished with a
prison term of more than 10 years.  The defendant shall be
sentenced to a prison term of more than 10 years if a victim
commits suicide or injures himself due to her sense of shame.

Article 226 (Section 1) (multiple offenses): Any person who
has
committed one of the offenses specified in Article 221-225
and
has intentionally killed his or her victim shall be punished
with death or life in prison.  Any person who has committed
rape or has committed an indecent-act, and has purposely
injured
his or her victim shall be punished with life in prison or a
prison term of more than 10 years.

Article 227: Any person who has carnal relations with any

TAIPEI 00000642  019 OF 026


male or
female person under the age of 14 shall be punished with a
prison
term of not less than three years and not more than 10 years.

Any person who commits an indecent act against a male or
female person under the age of 14 shall be punished with a
prison term of not less than six months and not more than
five years.  Any person who has carnal relations with any
male or female person aged 14-16 shall be punished with a
prison term of less than seven years.  Any person who commits
an indecent act against a male or female person aged 14-16
shall be punished with a prison term of not more than three
years.  Any attempt to commit any of the above offenses is
punishable.

Article 227 (Section 1) (lighter pun