wikileaks trafkng tawain 05TAIPEI866_a

1. (U) Following is AIT/T's 2004-05 trafficking-in-persons
(TIP) report.  The report is according to reftel sections,
beginning with 18 A.

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Overview
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18 A. (SBU) Is the country a country of origin, transit or
destination for international trafficked men, women or
children?  Specify numbers for each group.  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?  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 (see question 18 F for further
details).  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, primarily from Mainland China, as well as Southeast
Asian countries such as Vietnam, Thailand, and Cambodia,
being trafficked to Taiwan for purposes of prostitution.
Taiwan's lucrative sex trade, cultural, and geographic
proximity with the PRC, and large-scale movement of foreign
workers provide opportunities for traffickers to exploit
victims.  Most women are lured to Taiwan by fraudulent offers
of employment and some are promised marriages with Taiwanese
men.  The Ministry of Interior (MOI) reported that there were
986 trafficking-related arrests between November 2003 and
April 2004.  According to the Mainland Affairs Council (MAC),
Taiwan authorities arrested a total of 1786 illegal PRC
Chinese migrants and deported 1440 of them between January
and December 2004.

There are also reports of a small number of Taiwan 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 is low.  According to MOI officials, 96 of 1063
women at the Hsinchu Detention Center are minors and 62 of
913 women at the Ilan Detention Center 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. However, trafficking-related laws do not address
collecting specific numbers of trafficked victims.

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

18 B. (SBU) Where are the persons trafficked from?  Where are
the persons trafficked to?

Trafficking victims in Taiwan are largely from Mainland
China, although some victims originate from Taiwan and
Southeast Asia, particularly Vietnam (see response to
question 18 C below).  Taiwan is the final destination for
the vast majority of these victims.  According to the Taiwan
Coast Guard, most women 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.

18 C. (SBU) Have there been any changes in the direction or
extent of trafficking?

In the last three to four years, the number of female illegal
immigrants from the PRC has increased considerably.
According to Taiwan Coast Guard authorities, 96 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.
In addition, Vietnam is becoming a greater source of illegal
immigration into Taiwan.  Anecdotally, more and more brides
are being brought to Taiwan from Vietnam and a small
percentage of those are known to be forced into prostitution
or other forms of forced labor.  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.  The overall
"escape" rate also increased from 7.82 percent of Vietnamese
laborers to 10.16 percent.  Due to the high escape rates over
the past three years, the CLA has suspended the import of new
Vietnamese workers.  There are no figures available on the
number of those "escapees" who were victims of trafficking.
Local NGOs have also expressed concern about the increasing
numbers of Southeast Asian women, particularly Vietnamese,
who become the victims of trafficking.

18 D. (SBU) Are any efforts or surveys planned or underway to
document the extent and nature of trafficking in the country?
 Is any additional information available from such reports or
surveys that was not available last year?

Taiwan government authorities have not yet sanctioned an
official survey or overview of the trafficking situation in
Taiwan.  Currently a local NGO, the Taipei Women's Rescue
Foundation, is writing a report on trafficked women in
Taiwan, but they have no firm target date for completion.
Another local NGO, End Child Prostitution, Pornography and
Trafficking (ECPAT) Taiwan has written a short report on
trafficking which AIT has reviewed.  The ECPAT report's
analysis has been incorporated by AIT into the 2005 TIP
report.  (We will forward a copy of this report to G/TIP.)

18 E. (SBU) If the country is a destination point for
trafficked victims: What kind of conditions are the victims
trafficked into?  Are they forced to work in sweatshops,
agriculture, restaurants, construction sites, prostitution,
nude dancing, domestic servitude, begging, or other forms of
labor, exploitation, or services?  What methods are used to
ensure their compliance?  Are the victims subject to
violence, threats, withholding of their documents, debt
bondage, etc.?

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.

18 F. (SBU) If the country is a country of origin: 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?)

Taiwan is a source country for a limited number of women
trafficked to 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.  Since citizens of Taiwan do not need a visa
to enter Japan, it is easy for victims to legally travel
there.  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.

18 G. (SBU) Is there political will at the highest levels of
government to combat trafficking in persons?  Is the
government making a good faith effort to seriously address
trafficking?  Is there a willingness to take action against
government officials linked to TIP?  In broad terms, what
resources is the host government devoting to combating
trafficking in persons (in terms of prevention, protection,
prosecution)?

There is both political will and a concerted effort on the
part of the Taiwan authorities to combat trafficking in
persons and all forms of human smuggling. In 2003, top
officials in both the EY and the 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 on September 1, 2003.  The
Bureau of Immigration interviewed 65,249 Mainland spouses
between September 1, 2003 and February 20, 2005.  Of these
spouses, 2,446 were found to be in false marriages and
immediately deported and 14,8181 were asked to return for
second interviews.

Taiwan authorities have continued to address trafficking in
persons as they have become more aware and better equipped to
handle the problem.  The new Ministry of Justice (MOJ)
Minister, Shih Mao-lin specifically 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.  MOI Deputy Minister Chien Tai-lang
told AIT in February that MOI has already begun to make
improvements in how MOI protects victims of trafficking.  In
response to concerns raised by G/TIP, Chien said authorities
since December have increased efforts to distinguish between
trafficking victims and non-victims at the detention centers.
 MOI is now placing confirmed victims in a separate area with
better facilities and placing them on a priority repatriation
list. (See question 21 A for more background information on
the concerns raised by G/TIP in November).

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
women primarily being smuggled and Taiwan's new focus on
combating the trafficking problem.

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 fine from US $30,000 to US $200,000 and the
boat will be confiscated.

18 H. (SBU) Do governmental authorities or individual members
of government forces facilitate or condone trafficking, or
are they otherwise complicit in such activities?  If so, at
what levels?  Do government authorities (such as customs,
border guards, immigration
officials, labor inspectors, local police, or others) receive
bribes from traffickers or otherwise assist in their
operations?  What punitive measures, if any, have been taken
against those individuals complicit or involved in
trafficking?  Please provide numbers, as applicable, of
government officials involved, accused, investigated,
prosecuted, convicted and sentenced.

Incidents of Taiwan authorities supporting trafficking
directly or indirectly are rare, but incidents do occur.  On
February 5, 2005 a police officer in Taichung City was
sentenced to 11 years in prison for accepting bribes from a
PRC prostitution ring to cover up its operations.
18 I. (SBU) What are the limitations on the government's
ability to address this 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 is the
state of relations with the PRC, easily the largest source of
trafficked persons into Taiwan.  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 as they would like.

18 J. (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 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 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 invites
officials from district courts and police agencies to discuss
improving crackdown on child and juvenile sex transaction.

18 K. (SBU) Is prostitution legalized or decriminalized?
Specifically, are the activities of the prostitute
criminalized?  Are the activities of the brothel
owner/operator, clients, pimps, and enforcers criminalized?
If prostitution is legal and regulated, what is the legal
minimum age for this activity?

According to Article 80 of the Social Order Maintenance Law
(passed in 1991), anyone found to have traded sex for a
reward financial or otherwise shall be punished with three
days in custody, or a fine of no more than NT $30,000 US $910
 Brothel owners, pimps, enforcers are also subject to
punishment prescribed in Article 231 and 232 of the Criminal
Code.

The government published a set of (administrative) measures
governing prostitutes in 1954, but those measures were
revoked in 1997.  According to a January 17, 2004 China Times
report, the Interior Ministry began studying the possibility
of decriminalizing prostitution by revising concerned laws.
However, this proposal has not been formally discussed.
There is no new information on this proposal.  According to
local NGOs, the MOI has not taken any actions on this
proposal.

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

Taiwan takes all forms of alien smuggling, including
trafficking, extremely seriously and has publicly expressed
concern about it.  The Taiwan authorities are extremely
conscious of the fact that Taiwan is a small island right
next to the most populous country in the world 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 the new immigrant screening procedure is an
example of their seriousness.  In addition, the EY's Human
Rights Group in January 2005 described 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.

19 B. (SBU) Which government agencies are involved in
anti-trafficking efforts?

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.

19 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).

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 become prostitutes voluntarily,
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
enforce the concept 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.

19 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 public service television commercial to appeal for
the protection of children and teenagers.  The government
supports financially a program sponsored by End Child
Prostitution, Pornography and Trafficking (ECPAT) Taiwan 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.

19 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 the sexual trafficking problems.
From 1999-2001, 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 19 F). At the end of 2004,
the LY approved a budget of NT $3 billion (US $100 million)
to help the WRP finance 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 Children's Bureau Director and
Ministry of Education 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.

19 F. (SBU) What is the relationship between government
officials, NGOs, other relevant organizations and other
elements of civil society on the trafficking issue?

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.  Our NGO contacts have praised these two inter-agency
taskforces for addressing women's and children's issues.

19 G. (SBU) Does the government adequately monitor its
borders? Does it monitor immigration and emigration patterns
for evidence of trafficking?  Do law enforcement agencies
respond appropriately to such evidence?

The Taiwan authorities are serious about controlling their
borders and do so effectively.  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 trying to revamp their
current immigration policy.  In October 2003, the EY approved
draft bills of "The Plan for the Organization of the National
Immigration Agency" and "The Regulations Governing the
Organization of the National Immigration Agency" and
forwarded them to the  LY for review.  The two bills are
still pending in the LY as of February 2005.  They are not
expected to be added to the agenda for action until the LY
passes legislation that will streamline the EY's
organization.  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 of trafficking, is still
pending in the LY.  See Question 19 J for more details of the
amended "Immigration Law."

19 H. (SBU) Is there a mechanism for coordination and
communication between various agencies, such as a
multi-agency working group or a task force?  Does the
government have a trafficking in persons task force?  Does
the government have a public corruption task force?

Taiwan does not have an official mechanism to exchange
information at the national level regarding trafficking in
persons.  Taiwan does have 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.

19 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 forbidden from participating in most
international organizations or multinational working groups.
However, the Taiwan authorities cooperate extensively with
AIT (as with the immigrant screening training for PRC
spouses), the Department of Homeland Security (DHS), and
other destination countries such as Canada and Australia on
alien smuggling.  In addition to double-checking, at
planeside, 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 representatives, domestic law
enforcement, and airlines from 14 countries to participate in
an inaugural Seminar on the Prevention of Illegal
Immigration, at which the Taiwan authorities stated their
commitment to greater international cooperation in combating
all forms of transnational human smuggling, including
trafficking in persons.

19 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
the issue of trafficking in persons beyond under-age victims.
 Individual departments and bureaus work hard to address the
problem of trafficking and try to coordinate their actions.
Because Taiwan views itself predominantly as a transit and,
to some extent, destination point for internationally
trafficked person, 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 on November
3,2003.  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, which is
expected to be issued in March 2005.
The MOI also aims to establish a 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" was first introduced to the EY
for approval on February 25, 1997.  Shelved for a period of
time because of government-wide reorganization efforts, the
EY reactivated the Plan on January 22, 2003.  It reviewed,
revised, approved, and forwarded the Plan to the LY on
October 15, 2003.  The National Immigration Agency will be
established after the EY has reorganized under current
legislation that is still pending in the LY.

On the legislative front, the EY submitted the MOI's draft of
the amended Immigration Law to the  LY for review and
discussion on December 16, 2003.  The draft law contains five
articles 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.  Marriage brokers handling
applications from mainland China and Hong Kong and spouses
from mainland China and Hong Kong who went through marriage
brokers would be subject to increased scrutiny.

19 K. (SBU) Is there some entity or person responsible for
developing anti-trafficking programs within the government?

The Prevention of Child and Juvenile Sexual Trafficking
interagency taskforce, composed of the ministries of
Interior, Justice, Defense, Economic Affairs, Transportation,
Education, Department of Health, Mainland Affairs Council,
and the Council of Labor Affairs, and local NGOs, takes the
lead in developing anti-trafficking programs.

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

20 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?  If not, under
what other laws can traffickers be prosecuted? For example,
are there laws against slavery or the exploitation of
prostitution by means of coercion or fraud?  Are these other
laws being used in trafficking cases?  Are these laws, taken
together, adequate to cover the full scope of trafficking in
persons?

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 137 indictments and 102
convictions under these statues in the first six months of
2004.

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 fine from US $30,000 to US $200,000 and the
boat will be confiscated.

20 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
million (US $200,000)."

Chapter 26 of the Criminal Code, "Offenses Against Personal
Liberty" provides an all-encompassing law 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 that:

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.

20 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
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 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 punishment for the offender
under the age of 18)An offender who is under the age of 18
may have his punishment reduced or commuted.

Article 228
Any person who has committed rape against anyone under his
jurisdiction at an institution or facility shall be punished
with a prison term of not less than six months and not more
than five years.  Any person who has committed an indecent
act against anyone under his jurisdiction shall be punished
with a prison term of not more than three years.

Article 229 (committing the offense by cheating)
Any person who by fraudulent means induces a person to
mistake him or her for a spouse and then has carnal relations
with him or her 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 229 (Section 1) (indictment upon request)
Any person who has committed rape against his or her spouse,
or any person who has committed the offense before reaching
the age of 18, shall be indicted by the prosecutor upon
receiving a request from the victim.  The penalties for
trafficking are at least as heavy if not heavier than the
penalties for rape and forcible sexual assault.

20 D. (SBU) Has the Government prosecuted any cases against
traffickers?  If so, provide numbers of arrests, indictments,
convictions, and sentences, including details on plea
bargains and fines, if relevant and available.  Are the
traffickers serving the time sentenced: If no, why not?
Please indicate whether the government can provide this
information, and if not, why not? (Note: complete answers to
this section are essential.  End note)

In 2004, 107 persons were indicted and 7 were convicted under
Article 296, 296-1, and 231-1 of the Criminal Code.  In
addition, 13 persons were indicted and one convicted under
Article 25 of the 1995 Statute for Prevention of Child and
Juvenile Sexual Trafficking, 27 persons were indicted and 11
convicted under Article 24 of the 1995 Statute, and 96
persons were indicted and 31 convicted under Article 23 of
the 1995
Statute.

In January 2005, a Taiwanese trafficker was executed after he
was sentenced to death in 2004 on murder charges after
pushing illegal Chinese immigrants into the sea that resulted
in the death of six women while he tried to escape from
Taiwan's Coast Guard in August 2003.

20 E. (SBU) Is there any information or reports of who is
behind the trafficking?  For example, are the traffickers
freelance operators, small crime groups, and/or large
international organized crime syndicates?  Are employment,
travel and tourism agencies or marriage brokers fronting for
traffickers or crime groups to traffic individuals?  Are
government officials involved?  Are there any reports of
where profits from trafficking in persons are being
channeled?  (e.g. armed groups, terrorist organizations,
judges, banks, etc.)

Trafficking of PRC nationals into Taiwan is largely
controlled by smugglers (snakeheads) affiliated with
organized crime syndicates of varying sizes and
sophistication.  There are also instances of freelance
Taiwanese, possibly with the connivance of marriage brokers,
arranging fake marriages with PRC and Vietnamese women, who
become victims of trafficking upon arrival in Taiwan.  There
are no clear numbers to indicate what percentage of victims
are trafficked into Taiwan by what means.  There are no
reports of government involvement.  There is also no
indication of where profits from trafficking are being
channeled.

20 F. (SBU) Does the government actively investigate cases of
trafficking?  (Again, the focus should be on trafficking
cases versus migrant smuggling cases.)  Does the government
use active investigative techniques in trafficking in persons
investigations?  To the extent possible under domestic law,
are techniques such as electronic surveillance, undercover
operations, and mitigated punishment or immunity for
cooperating suspects used by the government?  Does the
criminal procedure code or other laws prohibit the police
from engaging in covert operations?

According to the MOI, in order to prevent human trafficking
or illegal immigration, the National Police Administration
(NPA) takes the following approach to strengthen
investigations:

a) When an alien is discovered to be engaged in prostitution
or illegal work, the NPA will conduct in-depth investigation
to find the brokerage group or person behind the scheme.

b) All police departments, in conjunction with other related
agencies, will implement various offensive operations such as
raids and patrols on entertainment establishments and hotels
in known red light districts.

c) The NPA will deploy intelligence networks and human
resources as well as strengthen coordination with other law
enforcement agencies.  In order to acquire security
intelligence, the NPA will conduct direct and indirect checks
on persons who have a history or a tendency of brokering
deals for or hiring illegal immigrants.

d) The Criminal Investigation Bureau (CIB) will continue to
investigate cases involving women who have been deceived into
going to Japan and collect intelligence on similar cases
through international cooperation.  The CIB will publish the
collected information in the media in a timely manner in
order to remind Taiwan women not to be deceived again and
prevent illegal groups from deceiving Taiwan women into going
to Japan to engage in an illicit trade.

e) The National Immigration Agency will continue to
strengthen the interview mechanism used on spouses from
mainland China.  Since September 1, 2003 the National
Immigration Agency has launched an interview mechanism to
detect fraudulent cross-Strait marriages.

f) The Aviation Police Bureau will continue to strengthen
training of inspectors to heighten their ability to detect
counterfeit documents.  In order to prevent human trafficking
rings from providing fraudulent documents to people seeking
to enter Taiwan or other countries illegally, the Aviation
Police Bureau will also implement a Snake Hunting Operation
that targets transfer passengers on airlines along known
smuggling-prone routes to the United States, Canada, New
Zealand, and Australia.

g) The foreign affairs police departments of county and city
police agencies will increase control over aliens.  The NPA
will request foreign police officers to implement checks on
alien spouses involved in sham marriages or forced into
prostitution by their local husbands.  The results of the
checks will be reported to the Ministry of Foreign Affairs
with recommendations for the rejection or acceptance of
future visa or residency applications.

20 G. (SBU) Does the government provide any specialized
training for government officials in how to recognize,
investigate, and prosecute instances of trafficking?

Yes, the government provides specialized training for
government officials in how to recognize, investigate, and
prosecute instances of trafficking.

20 H. (SBU) Does the government cooperate with other
governments in the investigation and prosecution of
trafficking cases? If possible, can post provide the number
of cooperative international investigations on trafficking?
The government has stated its commitment to pursue global
cooperation with the police and immigration agencies of other
countries to combat transnational human trafficking.

Taiwan signed with the U.S. an Agreement on Mutual Legal
Assistance in Criminal Matters on March 26, 2002.  Since the
signing of the agreement, U.S. and Taiwan law enforcement
agencies have increased their cooperation in each other's
jurisdiction, including investigating trafficking cases.
According to the MOJ, the establishment of regular formal
cooperation has resulted in a more effective crackdown on
trafficking and other cross-border crimes.  Since the
agreement was signed, Taiwan has requested cooperation on two
cases.  One of the cases resulted in the successful
indictment of a cross-Strait syndicate for smuggling people
into the United States.

In response to the August 26, 2003 incident in which six
mainland Chinese women drowned off the coast of Miaoli county
after their traffickers threw 26 women off two speed boats
being pursued by the coast guard, the National Police
Administration organized a cross-Strait crime prevention
seminar that focused on human trafficking at the Taiwan
Central Police University on September 29, 2003.  During the
year, Taiwan and PRC authorities agreed for the first time to
initiate dialogue on combating trafficking.

The local media reported on January 11, 2003 that police in
Taiwan and China cooperated to rescue a woman who was
kidnapped by gangsters in China and trafficked to Taipei to
work without compensation as a prostitute.  The woman
contacted her father in China who reported the situation to
the Chinese police who then contacted its Taipei counterparts.

In addition, from November 2003 to May 2004, Taiwan's Coast
Guard set up a temporary/trial trafficking syndicate task
force in cooperation with the PRC Coast Guard.

20 I. (SBU) Does the government extradite persons who are
charged with trafficking in other countries?  If so, can post
provide the number of traffickers extradited?  Does the
government extradite its own nationals charged with such
offenses?  If not, is the government prohibited by law form
extraditing its own nationals?  If so, what is the government
doing to modify its laws to permit the extradition of its own
nationals?

Under the Kinmen Accord of 1990, Taiwan and Mainland China
extradite convicted and suspected criminals, as well as
illegal immigrants, to each other's jurisdiction.  The lack
of formal diplomatic relations with other countries from
which persons are trafficked hinders Taiwan's ability to
extradite persons who are charged with trafficking.

20 J. (SBU) Is there evidence of government involvement in or
tolerance of trafficking, on a local or institutional level?
If so, please explain in detail.

There is no evidence of government involvement in or
tolerance of trafficking in persons.  The Taiwan authorities
take the fight against trafficking and all forms of human
smuggling extremely seriously.

20 K. (SBU) If government officials are involved in
trafficking, what steps has the government taken to end such
participation?  Have any government officials been prosecuted
for involvement in trafficking or trafficking-related
corruption?  Have any been convicted?  What actual sentence
was imposed?  Please provide specific numbers, if available.

There has been no reported or known case of government
officials involved in trafficking, and there has been no
prosecution of government officials involved in trafficking
(see response to 20 J above).  However, the law provides for
harsher penalties for official involvement.

20 L. (SBU) If the country has an identified child sex
tourism problem (as source or destination), how many foreign
pedophiles has the government prosecuted or
deported/extradited to their country of origin?

Taiwan does not have an identified child sex tourism problem

20 M. (SBU) Has the government signed, ratified, and/or taken
steps to implement the following international instruments?
Please provide the date of signature/ratification if
appropriate.

--ILO Convention 182 concerning the prohibition and immediate
action for the elimination of the worst forms of child labor.

--ILO Convention 29 and 105 on forced or compulsory labor.

--The Optional Protocol to the Convention on the Rights of
the Child (CRC) on the sale of children, child prostitution,
and child pornography.

--The Protocol to Prevent, Suppress and Punish Trafficking in
Persons, especially Women and Children, supplementing the UN
Convention Against Transnational Organized Crime.

As a non-UN member, Taiwan is unable to become a party to the
1989 UN Convention on the Rights of the Child.  However, the
Ministry of Foreign Affairs announced in 1995 that it would
respect the "spirit and principles" of the Convention.  In
1999, a Child Welfare Bureau was established within the
Ministry of Interior to bolster Taiwan's ability to implement
the Convention on the Rights of the Child and to coordinate
with NGOs.  In April 2001, President Chen reiterated that
Taiwan would abide by the Convention.

For the same reasons, Taiwan is also unable to become a party
to the ILO Conventions 29, 105, 182 the UN Convention Against
Transnational Organized Crime, and the Protocol to Prevent,
Suppress and Punish Trafficking in Persons, but the
authorities make every effort to abide by the principles of
those Conventions and Protocols.

------------------------------------
Protection and Assistance to Victims
------------------------------------

21 A. (SBU) Does the government assist victims, for example,
by providing temporary to permanent residency status, relief
from deportation, shelter and access to legal, medical and
psychological services?  If so, please explain.  Does the
country have victim care and victim health care facilities?
If so, can post provide the number of victims placed in these
care facilities?  Are trafficking victims offered HIV/AIDS
screening or otherwise tested for HIV/AIDS?  If so, what are
the results?

Presently there are two detention centers in Hsinchu and Ilan
counties in northern Taiwan accommodating illegal female
immigrants from Mainland China, and a third center in Sanhsia
in Taipei County housing victims from other countries, such
as Vietnam and Cambodia.  Victims are transferred to those
centers after they are arrested by local police with the
consent of district prosecutors for illegal entries.  At
those centers victims were given temporary shelter, medical,
and counseling
services before they are sent back to their home countries.
As of February 17, 2005, there were 1063 female victims
detained in the Hsinchu Center, and 493 male victims and 913
female victims detained at the Ilan Center.  The government
has designated public hospitals in the neighborhood to send
doctors to see patients at those centers a few times a week.
Those doctors may suggest transferring certain patients to
their hospitals for further treatment if necessary.  Those
victims are tested for HIV/AIDS and other venereal diseases
upon their arrival at the centers.  According to local press
reports, about one third of them suffered from various kinds
of venereal diseases.

While the government provides adequate short term shelter at
the detention centers, the PRC's refusal to accept
repatriation of its citizens has resulted in crowded
conditions and stays of over one year for many of the women
detained.  In addition, a G/TIP visit in November 2004 to the
Hsinchu Detention Center found some areas of concern
regarding protection afforded trafficking victims.  Taiwan
NGO estimates, which are likely to be at the high end of the
scale, have put the number of trafficking victims at the
detention centers at around 50 percent.  Under Taiwan law,
all illegal female immigrants from the PRC are housed in the
Hsinchu Detention Center regardless of whether they are
trafficking victims or not.  Many of the women claim to be
trafficking victims, but as of November 2004, Taiwan
authorities had failed to screen them and provide separate
treatment for trafficking victims.  G/TIP encouraged
authorities to take steps to identify trafficking victims
among illegal immigrants and provide them separate levels of
care and protection.  According to authorities at the MOJ and
MOI, Taiwan has taken steps to address concerns raised by
G/TIP.  For more information see question 18 G which details
the changes made by authorities.

21 B. (SBU) Does the government provide funding or other
forms of support to foreign or domestic NGOs for services to
victims?  Please explain.

The government provides financial support for NGOs involved
in women's rights issues and works with NGOs to raise public
awareness of the sexual trafficking problems.  From
1999-2001, 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 19 F). At the end of 2004,
the LY approved a budget of NT $3 billion (US $100 million)
to help the WRP finance programs to help mainland and foreign
spouses adjust to living in Taiwan and prevent them from
becoming trafficking victims.  The government also supports
NGOs by allowing them direct access to detention centers and
encouraging the NGOs to work with the women and provide care.
 Several civic organizations send representatives to visit
victims at detention centers on a weekly basis to offer
counseling and other services.  Among them are the Garden of
Hope Foundation, End Child Prostitution, Pornography and
Trafficking (ECPAT) Taiwan, Women's Rescue Foundation, as
well as some Catholic and Buddhist groups dedicated to social
services.  To carry out their work, these organizations apply
for funds from the Foundation for the Promotion of Women's
Rights and Interests, a non-profit foundation operated and
financed by the EY.

21 C. (SBU) Is there a screening and referral process in
place, when appropriate, to transfer victims detained,
arrested or placed in protective custody by law enforcement
authorities to NGOs that provide short or long-term care?

Presently all victims are required to stay at the detention
centers, where they receive medical and other services from
the Taiwan authorities until they leave Taiwan.  The NGOs in
Taiwan are not involved in the provision of medical services.
 NGOS are working with Taiwan authorities to increase the
level of access permitted to work with victims and have been
granted additional time with the women.

21 D. (SBU) Are the rights of victims respected, or are
victims also treated as criminals?  Are victims detained,
jailed, or deported?   If detained or jailed, for how long?
Are victims fined?  Are victims prosecuted for violations of
other laws, such as those governing immigration or
prostitution?

The victims' basic human rights are protected, and the
authorities give priority to victims who are under age,
pregnant, or have given birth.  However, victims are deprived
of their personal freedom once they are sent to the detention
centers to wait for deportation.  Detainees are required to
stay in the centers until they leave Taiwan.  Before
releasing detainees, the Taiwan authorities require their
home countries to verify their identities.  On average, a
Mainland Chinese detainee may have to stay in one of those
centers for six months to one year while waiting for the PRC
authorities to verify their identifies.  In practice the
victims are usually not prosecuted for prostitution or other
minor offenses, as those victims may have to stay in the
centers longer than the time they may have to serve for those
offenses.  For those victims who possess legal travel papers
and return trip tickets, they may leave Taiwan almost
immediately, if they are caught for illegal entries and not
involved in other more serious crimes.

21 E. (SBU) Does the government encourage victims to assist
in the investigation and prosecution of trafficking?  May
victims file civil suits or seek legal action against the
traffickers?  Does anyone impede the victims' access to such
legal redress?  If a victim is a material witness in a court
case against the former employer, is the victim permitted to
obtain other employment or to leave the country?  Is there a
victim restitution program?

The district prosecutors may determine if it is necessary to
ask victims to stay in Taiwan and help with their
investigation and prosecution of trafficking.  It is rare for
victims to file civil suits or seek legal actions against the
traffickers by themselves.  Once they are arrested, most of
the victims wish to leave Taiwan as soon as possible, and few
of them wish to stay or take legal actions against their
traffickers or former employers.  Those victims are not
allowed to obtain other employment or leave the country while
serving as witnesses in court cases.  Taiwan and China have
signed a repatriation agreement, but a victim restitution
program is yet to be discussed.  Taiwan's Law for the
Protection of Crime Victims, which prescribes compensations
for victims, does not apply to people from other countries,
including China.  For this reason, the Women Rescue
Foundation is drafting and advocating for a law similar to
the U.S. Victims of Trafficking and Violence Protection Act
2000, but the group could not say when this legislation will
be completed.

21 F. (SBU) What kind of protection is the government able to
provide for victims and witnesses?  Does it provide these
protections in practice?

The victims are placed in protective custody at detention
centers while serving as witnesses in court cases.

21 G. (SBU) Does the government provide any specialized
training for government officials in recognizing trafficking
and in the provision of assistance to trafficked victims,
including the special needs of trafficked children?  Does the
government provide training on protections and assistance to
its embassies and consulates in foreign countries that are
destination or transit countries?  Does it urge those
embassies and consulates to develop ongoing relationships
with NGOs that serve trafficked victims?

The government does provide specialized training to public
prosecutors, social workers, and law enforcement officials
who deal with trafficking issues.  There is also an officer
assigned to Taiwan's representative office in Japan to work
with Japanese authorities to return trafficking victims back
to Taiwan.  Taiwan authorities work closely with NGOs.  In
addition to providing counseling services, the Garden of Hope
and other organizations are in constant contact with law
enforcement units to organize a system to recognize
trafficking and provide assistance to trafficked victims
based on the model adopted by Interpol and other
international welfare organizations.  Children born to
victims during they stay in Taiwan received adequate care
while they are in Taiwan but are required to leave Taiwan
with their parents.  There is no a system in Taiwan through
which these children may remain in Taiwan or be adopted by
local people.  Also see response to Question 20 F.

21 H. (SBU) Does the government provide assistance, such as
medical aid, shelter, or financial help, to its repatriated
nationals who are victims of trafficking?

In 2004, the government allocated a budget of NT $110 million
(US $3.5 million) for the three detention centers in Hsinchu,
Ilan, and Taipei Counties.  The cost of caring for each
victim, including boarding and medical care, was about NT
$44,000 (US $1364) a year.

21 I. (SBU) Which NGOs, if any, work with trafficking
victims? What type of services do they provide?  What sort of
cooperation do they receive from local authorities?

The Garden of Hope Foundation, End Child Prostitution,
Pornography and Trafficking (ECPAT) Taiwan, and several
religious organizations in Taiwan sent their workers to visit
victims at those centers on a weekly basis to provide
counseling and help them plan for their future after
returning to their home countries.  These organizations apply
to the EY's Foundation for the Promotion of Women's Rights
and Interests to fund their work.

2. (SBU) AIT point of contact for TIP issues is Brian Raymond
(FS-04), telephone 886-2-2162-2009, fax 886-2-2162-2241.
PAAL





PAAL