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Cablegate: Part Three - 2008 Tip Report - Taiwan

VZCZCXRO6814
PP RUEHCN RUEHGH
DE RUEHIN #0400/01 0800930
ZNR UUUUU ZZH
P 200930Z MAR 08 ZDK MULT
FM AIT TAIPEI
TO RUEHC/SECSTATE WASHDC PRIORITY 8455
INFO RUEHBK/AMEMBASSY BANGKOK PRIORITY 4125
RUEHBJ/AMEMBASSY BEIJING PRIORITY 8010
RUEHBY/AMEMBASSY CANBERRA PRIORITY 4842
RUEHHI/AMEMBASSY HANOI PRIORITY 3567
RUEHJA/AMEMBASSY JAKARTA PRIORITY 4305
RUEHLO/AMEMBASSY LONDON PRIORITY 0238
RUEHML/AMEMBASSY MANILA PRIORITY 0402
RUEHOT/AMEMBASSY OTTAWA PRIORITY 0761
RUEHPF/AMEMBASSY PHNOM PENH PRIORITY 0671
RUEHKO/AMEMBASSY TOKYO PRIORITY 9732
RUEHCN/AMCONSUL CHENGDU PRIORITY 2515
RUEHGZ/AMCONSUL GUANGZHOU PRIORITY 1075
RUEHHK/AMCONSUL HONG KONG PRIORITY 9264
RUEHGH/AMCONSUL SHANGHAI PRIORITY 1890
RUEHSH/AMCONSUL SHENYANG PRIORITY 6485
RUEHC/DEPT OF INTERIOR WASHDC PRIORITY
RHMFIUU/DEPT OF HOMELAND SECURITY WASHINGTON DC PRIORITY
RHMFIUU/DEPT OF JUSTICE WASHINGTON DC PRIORITY
RUEHC/DEPT OF LABOR WASHDC PRIORITY
RUEATRS/DEPT OF TREASURY WASHDC PRIORITY

UNCLAS SECTION 01 OF 12 TAIPEI 000400

SIPDIS

SENSITIVE
SIPDIS

G/TIP, G, INL, DRL, PRM, EAP/RSP

E.O. 12958: N/A
TAGS: KCRM PHUM KWMN SMIG KFRD ASEC PREF ELAB TW
SUBJECT: PART THREE - 2008 TIP REPORT - TAIWAN

REF: STATE 2731

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1. (SBU) This is part three of AIT/T's three-part 2007-8
Trafficking in Persons (TIP) report. The report is presented
according to reftel sections, beginning with paragraph 27 A.
Part one contains Paragraphs 27 A-B. Paragraphs 27 A through
29 D are contained in part two. Paragraphs 29 E through 30 I
are contained in part three.

Protection and Assistance to Victims, cont'd
--------------------------------------------

29 E. Mechanism to Detect TIP Victims in Legalized
Prostitution

Prostitution is not legal in Taiwan. However, Taiwan has a
formal mechanism to identify trafficking victims from among
those arrested for prostitution. According to NGOs, Taiwan
law enforcement agencies do not consistently apply this
mechanism, resulting in the wrongful incarceration and
punishment of trafficking victims for prostitution,
immigration violations, and other crimes occasioned by
trafficking.

29 F. Rights and Treatment Afforded to TIP Victims

Taiwan's recently amended Immigration Act requires government
agencies at the national and local level to ensure
trafficking victims' personal safety, and to provide them
with appropriate housing, medical and psychiatric care,
counseling services, translation assistance and legal
counseling services. MOI subsidies in 2007 for such services
totaled NT1,035,732 (US$33,000). If the victim is a minor, a
social worker must be assigned to his or her case, and must
be present during police questioning, all legal proceedings,
and trial. Under the Immigration Act, law enforcement
agencies are required to protect trafficking victims'
identities and personal information from public disclosure.
The Immigration Act also provides that if a trafficking
victim cooperates with prosecutors by providing testimony or
other assistance, the victim shall be entitled to the
protections afforded by Taiwan's Witness Protection Law.
Additionally, such cooperation shall be considered by
prosecutors and judges to reduce or eliminate the victim's
liability for any criminal or administrative violations.
Victims who cooperate with prosecutors are entitled to
receive temporary visas to remain in Taiwan up to six months,
and can request extensions. However, once the prosecutor
closes the case, the trafficking victim will be repatriated
to his or her home country.

Other regulations require local governments to provide
identified trafficking victims with emergency medical
assistance, living subsidies, learning opportunities,
educational subsidies for children, job placement assistance,
and subsidies for legal assistance. CLA is also required to
help defray the cost of legal services required by foreign
workers involved in litigation. NGOs consistently complain
that medical and counseling services and legal aid for
victims of trafficking are inadequate and unevenly
distributed from place to place.

Unfortunately, only a small percentage of trafficking victims
are properly identified and removed from detention
facilities. The majority of trafficking victims are treated
as illegal immigrants or illegal laborers, and housed in
formal, long-term detention facilities. Some are held at
smaller-scale, city- or county-level "temporary" detention
facilities maintained by NIA or the local police. All PRC

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detainees, regardless of their status, are detained in formal
detention facilities. Many trafficking victims are prosecuted
and punished for immigration and labor violations, and for
criminal offenses (including prostitution) committed in the
course of their having been trafficked.

Under the law, all detainees must be provided food and
shelter, medical assistance and psychological counseling,
legal assistance, and entertainment activities. NGOs are
granted regular access to detainees, and are allowed to
conduct social and cultural activities. NGOs acknowledge
that detention center housing is adequate, if sometimes
severely overcrowded. NGOs also agree that detainees receive
sufficient food and medical assistance; however, NGOs claim
that, aside from the limited services provided by the NGOs
themselves, detainees have no access to psychological or
legal counseling while incarcerated.

NIA maintains four formal, long-term detention facilities in
Taipei (Sanhsia), Hsinchu, Yilan, and Matsu. Several city-
and county-level NIA offices also maintain smaller, temporary
detention facilities. As of March 13, 2008, 1,200 detainees
are being held in long-term detention facilities: 118 women
and 124 men at Sanhsia; 133 women and 289 men at Hsinchu; 231
women and 299 men at Yilan; and 6 women at Matsu. Three
hundred eighty-one are from Indonesia, 355 are from Vietnam,
272 are from the PRC, Hong Kong, or Macau, 111 from Thailand,
43 from the Philippines, 7 from Malaysia, and 6 from India.
None of the 1,200 detainees are under age 18.

As of March 13, 2008, an additional 431 detainees are being
held at NIA temporary detention facilities around Taiwan,
including 304 foreign nationals and 127 from the PRC, Hong
Kong, or Macau. None of those detained are under age 18.

On average, non-PRC detainees spend 48 days in detention
before being repatriated. NIA does not keep
average-time-of-stay data for its temporary detention
facilities, but maintains that detention times in the
temporary facilities are much shorter. According to CGA, 409
illegal PRC immigrants, 338 men and 39 women, were arrested
in 2007. PRC nationals on average spend 96 days in detention
before being repatriated -- twice as long as detainees from
other Southeast Asian countries.

In July 2007, local press reported that a number of NIA's
city and county-level temporary detention facilities were
plagued by overcrowding and poor sanitation. NIA officials
stated that a recent crackdown on illegal immigration and
illegal labor had been very successful, sharply increasing
the number of foreigners awaiting repatriation in temporary
and formal detention. NIA officials stated the overcrowding
problem was exacerbated by the fact that many detained
illegal immigrants did not have valid travel documents, or
were unable to pay the cost of their return airfare. A
senior NIA official stated that NIA had asked the Indonesian,
Philippine, Thai, and Vietnamese representative offices in
Taiwan to expedite the issuance of travel documents to help
speed the repatriation process. NIA also reported it was
working to increase capacity of the temporary detention
facilities in Kaohsiung City and Tainan County by 1,200 each,
and to improve sanitation practices at all of its temporary
shelter facilities.

According to NIA, for those individuals in possession of a
valid passport and capable of paying administrative fines and
a return airfare, deportation procedures are usually
completed within 14 days. In cases where the foreign
national has overstayed for only a short time, and where no

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employer misconduct is alleged, deportation procedures are
also usually completed within 14 days. In cases where the
foreign national is not in possession of valid travel
documents, is unable to pay assessed fines or return airfare,
or has overstayed in Taiwan for an extended period of time,
deportation procedures can take much longer. Deportation
procedures can also be prolonged in instances where alleged
illegal conduct by the employer must be investigated. When a
foreign worker makes credible allegations of employer
misconduct, it is NIA's policy to place the worker in a
formal, versus temporary, detention center. The worker is
not deemed to be a victim of trafficking and is not
automatically placed in a shelter facility.

NGOs insist that the Taiwan authorities did not deserve the
praise given to them by the 2007 TIP Report for the March
2007 rescue of 35 Indonesian women from forced labor.
According to the Vietnamese Migrant Workers and Brides Office
(VMWBO), the raids in which the women were rescued took place
from early January to early February 2007. VMWBO learned of
the raids from newspaper articles in early February, and
immediately contacted NIA to arrange for transfer of the
victims to an appropriate shelter. VMWBO claims it took six
weeks for NIA to agree to release the first group of victims
from detention for placement in a shelter. Some of the
victims had been in detention since early January, VMWBO
claims, and had not been given access to medical or
counseling services or legal advice during the entire time.
In addition, although the Taiwan government officially
recognized all 35 Indonesian women as labor trafficking
victims, ten were still in detention as of late October 2007.
One woman was convicted of using a fraudulent marriage to
enter Taiwan and fined NT$108,000 (US$3,480). Because she
was unable to pay the fine, her stay in detention was
lengthened by four months. Eleven others were fined
NT$10,000 (US$300) for overstaying their visas. Four others
were also charged with fraudulent marriage, but charges were
ultimately dropped. (See para. 29 D for additional
information.)

NIA reported that 14,071 illegal immigrants, including 12,664
foreign nationals and 1,407 citizens of China, Hong Kong, or
Macau, were deported from Taiwan in 2007. According to NIA,
184 individuals were deported for fraudulent marriage, 184
for entering Taiwan illegally, 199 were deported for
unspecified criminal violations, 288 for prostitution, 522
for working illegally, and 11,287 were deported for
overstaying their work visas.

In October 2006, CLA amended its regulations to exclude time
spent at a shelter from a foreign worker's permitted work
stay in Taiwan. Foreign workers are permitted to work in
Taiwan for up to three years at a time, for a maximum of nine
years total. Before the 2006 rule change, the period of stay
in a shelter was deducted from the worker's permitted work
stay in Taiwan. Nonetheless, because foreign workers are not
permitted to work while awaiting the outcome of a labor
dispute, and because many foreign workers are in debt to
their brokers, many foreign workers chose to flee shelters to
seek illegal work.

29 G. Victim Participation in Investigation and Prosecution
of Traffickers

On November 30, 2007, the Legislative Yuan Home and Nations
Sub-Committee amended the Immigration Act to include a new
chapter titled "Transnational Trafficking in Persons
Prevention and Victim Protection." NIA reports that 37 other
laws and regulations must be amended before the amended

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Immigration Act can go into effect. The EY is expected to
complete that work by June 2008, and will specify at that
time when the amended Immigration Act will go into effect.

The new chapter provides that if trafficking victims agree to
cooperate with prosecutors, who deem their cooperation
necessary and useful to the prosecution, victims will be
afforded all protections available under Taiwan's "Witness
Protection Act." Prosecutors are instructed to waive
prosecution for any crimes occasioned by the trafficking, and
to punish leniently other misconduct by the trafficking
victim. If a victim's testimony is required by prosecutors,
the victim should be issued a temporary residence permit of
six months or less, which should be extended if necessary.
The victim is to be returned to his or her home country
safely upon conclusion of the trial. The chapter encourages
agencies involved in anti-trafficking efforts to cooperate
with NGOs and source country governments to promote
anti-trafficking efforts.

The Home and Nations Sub-Committee also approved a revision
to Article 31 of the Immigration Act, to allow foreign
workers (and foreign spouses) to legally remain in Taiwan
until pending claims against their employer are fully
resolved.

It should be noted that during 2007, the Taiwan authorities
removed from detention and granted prosecutorial immunity
only to those 75 identified trafficking victims who
cooperated with prosecutors in cases where charges were
actually filed against a trafficker or other defendant. The
government identified an additional 138 trafficking victims,
126 of whom had also expressed willingness to cooperate with
prosecutors. However, charges were not filed in those cases,
obviating the need for those victims' testimony.
Consequently, all 138 trafficking victims, including those
126 willing to provide testimony, remained in detention
facilities, and were held accountable for labor, immigration,
and other violations committed during their stay on Taiwan.

Presently, trafficking victims are not allowed to obtain
other employment or to leave the country while serving as
witnesses in court cases. The Taiwan authorities acknowledge
that trafficking victims residing in shelters long-term
should be permitted to work. Recent amendments to Article 44
of the Immigration Act include provisions which authorize the
CLA to issue temporary work permits to trafficking victims
for periods of up to six months, depending upon the length of
the investigation or trial in which the testimony of the
trafficking victim is required. CLA has not yet issued
regulations to this effect.

Trafficking victims may ask for compensation by attaching a
civil suit to the criminal prosecution against the
trafficker, but this happens infrequently. Once they have
been arrested, most trafficking victims wish to leave Taiwan
as soon as possible, and few wish to stay or take legal
action against their traffickers or former employers. Taiwan
has increased funding to the Legal Affairs Foundation to
assist trafficking victims with the pursuit of claims against
traffickers. NGOs report that filing a civil suit is
expensive, and that legal aid resources are not sufficient to
defray the costs, rendering such actions impractical for most
victims. NGOs did report several examples of local BLA
offices assisting victims of labor trafficking to recover
substantial sums of unpaid back wages and overtime pay. The
problem in most cases is a lack of evidence to demonstrate
the hours actually worked by the employee and the wages
actually paid by the employer.

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Taiwan entitles those who have been injured, or the family of
one who has been killed, to request compensation from the
government. With the exception of the PRC, this law extends
to foreign nationals on a reciprocal basis. Taiwan uses its
anti-money laundering law to seize traffickers' assets and to
make those assets available to satisfy trafficking victims'
claims.

Alleging criminal misconduct against an employer carries
significant risk for a foreign worker. Under current law, if
the prosecutor decides not to indict or prosecute the
employer, or if after prosecution fails to convict the
employer, the foreign worker is automatically repatriated.

29 H. Protection of Victims and Witnesses

Taiwan's recently amended Immigration Act provides that if
trafficking victims agree to cooperate with prosecutors, who
deem their cooperation necessary and useful to the
prosecution, victims will be afforded all protections
available under Taiwan's "Witness Protection ct." The
Witness Protection Act empowers the court to issue a
protective order at the request of the witness, prosecutor,
victim, defendant, personal counsel, the police, or an
involved social welfare agency. Protective measures can
include a police protective detail, a restraining order
against a specific person, or protective custody.
Trafficking victims are permitted to conceal their identity
while giving testimony, and law enforcement officials must
ensure the identity of the victim is protected in court
documents and other case materials.

Trafficking victims are sometimes placed in protective
custody at detention centers or in local jails while serving
as witnesses in court cases. In March 2007, an NIA official
stated that NIA placed trafficking victims in detention
centers in order to protect them from criminals. NGOs have
challenged the practice, asserting that trafficking victims
should be placed in shelter facilities once they have been
identified as victims. If those victims who agree to serve
as witnesses are in danger, NGOs argue, appropriate police
protections can be arranged.

29 I. Specialized Training for Officials to Identify
and Aid TIP Victims

According to MOI, the government implemented 92 victim
identification and treatment training sessions for
immigration officials, local and national local police, coast
guard personnel, labor officials, social workers and medical
personnel, interpreters, and tourist industry personnel.
Taiwan government personnel, academics, and NGO
representatives also attended four digital video conferences
sponsored by AIT's public affairs section.

CLA and BLA regularly train local government labor inspectors
and counseling personnel how to identify and protect
trafficking victims. All inspectors and counselors attend
special training sessions to identify and assist victims of
trafficking, and are provided with guidelines and standard
operating procedures for identifying trafficking victims.

MOJ prosecutors periodically train police, immigration
officials, and other law enforcement personnel how to
identify and protect trafficking victims during
investigations and how to conduct trafficking investigations
to increase the probability of conviction at trial.


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MOFA conducts regular training of its consular officers to
assist them in detecting and preventing the fraudulent use of
marriage visas to traffick women into Taiwan.

NIA and NPA regularly conduct training of immigration and
police officers to improve their ability to detect and assist
trafficking victims.

The NIA, CLA/BLA, national and local police agencies, and the
national and local prosecutors' offices cooperate with NGOs
and civic organizations to identify trafficking victims and
to place them in appropriate shelter environments. NGO
representatives are permitted to accompany victims to police
interviews, labor hearings, and court appearances, and to
provide interpretation and other services.

NGOs, including End Child Prostitution and Trafficking
(ECPAT), Garden of Hope, and Taiwan Women's Rescue Foundation
(TWRF), regularly conduct training seminars for police,
prosecutors, labor and immigration personnel to improve their
understanding of Taiwan's trafficking problem and to increase
their ability to identify victims of sex and labor
trafficking. Nonetheless, these and other NGOs continue to
report that government officials, particularly at the local
level, do not fully understand what human trafficking is, or
what distinguishes a trafficking victim from an "illegal
immigrant" or a "runaway" worker in illegal status. As a
result, NGOs report, trafficking victims are regularly
misidentified as criminals, placed in detention facilities
instead of shelters, and prosecuted for immigration, labor,
and criminal violations occasioned by their having been
trafficked. NGOs assert the government must do much more to
ensure that law enforcement and immigration personnel around
Taiwan are able to identify trafficking victims and render
appropriate care. NGOs also recommend the standard of proof
required to obtain "victim" status be lowered, to increase
the probability that trafficking victims receive the shelter,
social services, and other assistance they need as quickly as
possible.

29 J. Taiwan Assistance to Repatriated Nationals Who
Are TIP Victims

The Taiwan National Immigration Agency (NIA) reported that 8
female trafficking victims were returned from Japan to Taiwan
in 2007. An additional 25 female trafficking victims were
returned to Taiwan from the United States. The Taiwan
government provided medical and financial assistance,
counseling, and other aid to help these women return to
normal lives.

29 K. NGOs Working with TIP Victims in Taiwan,
Cooperation with Taiwan Government

The Garden of Hope Foundation, End Child Prostitution,
Pornography and Trafficking (ECPAT) Taiwan, the Taipei
Women's Rescue Foundation (TWRF), Hope Workers' Center, the
Center for Migrants' Concerns, the Vietnamese Migrant Workers
and Brides Office (VMWBO), the Taiwan Grassroots Women
Workers' Center, the Taiwan International Workers'
Association, the Stella Maris International Service Center,
the Catholic and Presbyterian Churches, and other religious
and secular NGOs are at work in Taiwan to provide shelter,
counseling, legal, medical, and financial assistance, public
advocacy, social and cultural activities, repatriation
assistance, and other services to Taiwan's foreign worker
community, including victims of sex and labor trafficking.
The Taiwan government has a strong working relationship with
NGOs, and is generally open to their input and criticism.

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NGOs also receive substantial funding from central and local
government authorities to perform services for trafficking
victims.

Prevention
----------

30 A. Taiwan Acknowledgment of the TIP Problem

The government recognizes that PRC and Southeast Asian men
and women, and sometimes minors, are trafficked to Taiwan for
forced labor and sexual exploitation. The government
acknowledges that Taiwan is also a transit point for the
smuggling of PRC nationals to other countries. Taiwan
authorities acknowledge that Taiwan is a source country for a
small number of women trafficked to other countries,
particularly Japan. The central and local governments are
actively working to prevent trafficking, to assist
trafficking victims, and to punish traffickers.

The Executive Yuan has acknowledged that, before the
promulgation of the Action Plan, the Taiwan government "did
not go far enough in identifying and protecting human
trafficking victims." The EY has admitted that traffickers
have too often received only minor punishments. The stated
objective of the Action Plan is to rationalize and integrate
the government response to the trafficking problem,
coordinating efforts between different agencies at both the
national and local level. Emphasis is placed on improving
the government's ability to identify and protect victims of
sex and labor trafficking, expanding law enforcement
capability to detect and interdict trafficking operations,
and enhancing punishments for those convicted of labor or sex
trafficking.

30 B. Government-Run Anti-TIP Campaigns

The Taiwan government conducts anti-trafficking information
and education campaigns that target potential and actual
victims of trafficking, both domestically and abroad.

During 2007, the authorities launched a multimedia campaign
to increase public awareness of Taiwan's human trafficking
problem, and to solicit public assistance in identifying and
assisting victims of sex and labor trafficking. As part of
this campaign, the MOI sponsored 420 radio and 267 television
announcements, placed eight newspaper notices, and printed
30,000 handbills describing the crime of human trafficking
and urging the public to report suspected abuses. Posters
depicting victims of sex and labor trafficking were posted at
community centers and park billboards around Taiwan. The
posters and radio and television advertisements targeted
those who might exploit victims of trafficking, including
unscrupulous employers and those who patronize prostitutes,
urging them to view trafficking victims as human beings
entitled to dignity, respect, and fair treatment.

As part of an ongoing campaign to prevent child sex
trafficking, the government displayed public service
announcements at 680 cinemas island-wide. The announcements
were also broadcast on six nationwide televisions stations,
and included on online chat-rooms frequented by Taiwanese
youth.

The authorities also initiated an outreach program to enhance
foreign workers' understanding of their rights, and resources
available to them under Taiwan law. In addition to the
multi-language emergency contact number cards disseminated at
public facilities around Taiwan, the authorities also

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published public service announcements in several foreign
language publications, including the Vietnamese, Filipino,
and Indonesian newspapers widely circulated among Taiwan's
foreign worker population. The authorities also sponsored a
radio and television broadcast campaign designed to educate
employers about, and urge respect for foreign workers'
rights. According to MOI, these public service announcements
were broadcast 1,290 times from July to December 2007.

The authorities also tailored a media program to reach
foreign-born spouses, including those from China. This
campaign included public service announcements in
national-distribution newspapers, and broadcasts on local and
national television and radio stations. Taiwan continues to
operate the nationwide toll-free hotline for foreign spouses
seeking assistance. The hotline provides consulting services
in Chinese, English, Vietnamese, Indonesian, Thai, and
Cambodian, and topics include employment services, health
care services, immigration procedures, and adjustment to life
in Taiwan.

In January 2006 the government opened a special service
counter at the Taiwan Taoyuan International Airport to
disseminate labor rights information to arriving workers and
to hear grievances and to provide emergency assistance to
laborers about to depart Taiwan. In January 2008, a second
service center for foreign workers was opened at the
international airport in Kaohsiung, where many workers from
the Philippines and Indonesia first enter Taiwan.

NGOs argue that the location of the service counters in the
non-secure, pre-immigration areas of the airports enables
brokers to physically prevent workers from reporting
problems. CLA officials respond that workers can also use
emergency phones located in the airport's secure
post-immigration area to report complaints. NGOs counter
that the emergency phones are not marked for that purpose,
rendering them useless to uninformed workers. NGOs also
charge that the airport service counter staff are poorly
trained, and that the counters often run out of informational
pamphlets. CLA contends the service counters' usefulness to
foreign workers is demonstrated by the 210 emergency
petitions and 145,000 service requests processed during the
2007 calendar year.

CLA supports 24 Foreign Labor Consultant Service Centers
located around Taiwan. The Centers, operated by local
governments with CLA funding, provide counseling, legal aid,
and labor dispute resolution services. The Centers also
publish and disseminate worker rights handbooks, conduct
legal seminars and language training courses, host social and
cultural events, and sponsor radio and television programs
and advertisements to inform foreign workers of their rights
and remedies under Taiwan law. In 2007, CLA increased its
annual budget for the service centers to US $2.1 million, to
ensure that city and county governments had sufficient
resources to defray attorney fees, court costs, and other
fees associated with litigating foreign workers' legal
claims. CLA also operates five labor service centers in
Taiwan's largest cities. These centers provide foreign and
domestic workers with job referral services, unemployment
assistance, vocational training, and job transfer services.
These offices are an additional outlet for information on
employers' responsibilities and foreign workers' rights and
remedies under Taiwan law. CLA disseminates employer
handbooks and foreign worker handbooks, translated into
English, Vietnamese, Indonesian, and Thai. CLA provides
funding to city and county governments to defray expenses
associated with foreign labor affairs reporting, reform of

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foreign labor regulations, and training conferences for local
law enforcement and social services personnel.

MAC has expanded its "Mainland Spousal Guidance Program,"
which uses town hall-style meetings, social events,
information hotlines, websites and printed handbooks to
inform Mainland-born spouses of their rights under Taiwan
law.
Taiwan government representative Overseas Offices in
Thailand, Indonesia, the Philippines and Vietnam conduct
pre-entry counseling seminars for foreign spouses of Taiwan
citizens. The seminars are conducted by experienced local
counselors, and contain information on the rights and
obligations of foreign spouses living in Taiwan.

30 C. Taiwan Relationship with NGOs, Civil Society, Relevant
Organizations on TIP

The Taiwan government has a strong working relationship with
a number of NGOs and other civic organizations involved in
anti-trafficking efforts, including the Women's Rescue
Foundation, ECPAT Taiwan, the Presbyterian Church, the
Catholic Society of Jesus, the Good Shepherd Sisters, the
Hope Workers' Center, the Stella Maris International Service
Center, the Color Page Women's Volunteer Organization, the
Chinese Muslim Association, the Chunghua Foundation for
Persons with Intellectual Disabilities, the United Way, and
the Garden of Hope Foundation.

NGOs were involved in the drafting of Taiwan's anti-TIP
Action Plan. The Action Plan requires MOI, MOJ, NIA, and
other involved government agencies to include NGO
representatives in regular policy-making discussions, and to
incorporate NGO recommendations into a "comprehensive and
integrated" anti-TIP strategy. Government agencies are also
required by the Action Plan to include NGO input in anti-TIP
informational materials, educational seminars, and other
activities.

NGOs contend that although they have been included in
anti-TIP policy discussions, too few of their suggestions
have been adopted. Many NGOs assert the government has
placed too much emphasis on the increased detection,
prosecution, and punishment of suspected traffickers, and too
little on improving its ability to identify and protect
victims of trafficking. This is evidenced, NGOs claim, by
the sharp increase in the number of arrests for forced
prostitution, but the absence of any similar increase in the
number of trafficking victims being sent to NGO shelters for
care. NGOs contend these circumstances indicate one of two
things: either the law enforcement crackdown is in fact not
related to trafficking, or that the Taiwan government
continues to treat trafficking victims, including those
forced into prostitution, as criminals subject to
incarceration, punishment, and repatriation.

The Taiwan central government subsidizes 11 NGO-operated
shelters for trafficking victims; the Kaohsiung and Taipei
City governments subsidize two more. The NIA, CLA/BLA,
national and local police agencies, and the national and
local prosecutors' offices cooperate with NGOs and civic
organizations to identify trafficking victims and to place
them in appropriate shelter environments. NGO
representatives are permitted to accompany victims to police
interviews, labor hearings, and court appearances, and to
provide interpretation and other services. Several NGOs have
received permission from the NIA to monitor the living
conditions of PRC women and girls detained while awaiting
repatriation to China, and to conduct social and educational

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programs for them.

The Taiwan government sponsors NGO participation in
international anti-trafficking meetings and exchanges.
Taiwan Overseas Offices cooperate with NGO representatives
overseas and provide them as much assistance as possible.
MOFA subsidizes domestic NGOs that assist the safe return of
trafficking victims to their home countries. Domestic NGOs
that conduct exchanges with the PRC to reduce PRC-to-Taiwan
trafficking are also eligible to apply for subsidies.

30 D. Government Monitoring of Immigration/Emigration
Patterns for Evidence of TIP

The NIA, NPA and other government agencies collect and
compile statistics on legal and illegal immigration to study
human trafficking trends and to formulate future policy.
NIA, MOFA, NPA, and the Coast Guard monitor and report
statistics on the number of illegal foreign immigrants
apprehended in Taiwan, including those from the PRC, Vietnam,
Thailand, and other Southeast Asian countries. NIA and NPA
also record and report the number of foreign citizens
arrested for various kinds of offenses, including
prostitution, and the number and nationality of those foreign
citizens deported each year. CLA tracks and reports the
number of foreign workers in "illegal status," according to
their country of origin. MOFA maintains and reports
statistics on foreign spouse visa interviews, refusal and
issuance rates. NIA and NPA track the number of foreign
spouses found to be in fraudulent marriages. Government
officials use all of these indicators to try to gauge the
scope and nature of human trafficking in Taiwan, but do not
have reliable estimates.

In order to discourage the fraudulent use of marriage visas
to traffick women into Taiwan, spouse visa applicants from
the PRC, Burma, Cambodia, Indonesia, Thailand, the
Philippines, and Vietnam must undergo interviews in their
home countries before departing for Taiwan. All foreign
spouses and their prospective mates must undergo a second
interview process upon their arrival in Taiwan. Those who
fail the interview process are barred from entering Taiwan
and are immediately returned to their countries of origin.

30 E. Mechanism to Coordinate Government Anti-TIP Efforts

Taiwan has established an official mechanism to exchange
information at the national level regarding trafficking in
persons. The Action Plan requires MOI, MOJ, MOFA, NIA, NPA,
CLA, and other government agencies to convene every two
months to coordinate and evaluate ongoing anti-trafficking
efforts. A Cabinet-level Minister without Portfolio oversees
the task force, and is accountable to the Interior Minister.
The MOI has also appointed a vice-minister to serve as the
single point of contact for TIP-related inquiries. In
practice, the NIA has served as AIT's chief point of contact
for TIP-related information.

Taiwan has a multi-agency task-force aimed at preventing the
trafficking of under-age girls. The 1995 Child and Youth
Sexual Transaction Prevention Act (CYSTPA) 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.


TAIPEI 00000400 011 OF 012


In addition to the inter-agency taskforce stipulated by the
CYSTPA, 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). It 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.

The Taiwan High Prosecutor's Office maintains an
Anti-Corruption Center dedicated to investigating and
prosecuting corruption cases involving legislators,
government ministers, and other senior government officials,
including high ranking military officers.

30 F. Existence of National Action Plan to Combat TIP

Taiwan published the "Executive Yuan Action Plan for
Suppressing Trafficking in Persons" (the "Action Plan"), on
November 8, 2006. Thirteen government ministries and
agencies and NGOs cooperated in drafting the Plan, which
directs: (1) strengthening Taiwan's existing net of
anti-trafficking laws; (2) implementing an island-wide
standard procedure to identify trafficking victims; (3)
exempting trafficking victims from punishment for non-violent
crimes occasioned by their victimization; (4) allowing
trafficking victims to switch jobs or employers; (5)
assigning special task forces and special prosecutors to
increase the investigation, prosecution, and conviction of
traffickers; and (6) enhancing penalties for convicted
traffickers. The Action Plan requires MOI, MOJ, NIA, CLA, and
other involved government agencies to include NGO
representatives in regular policy-making discussions, and to
incorporate NGO recommendations into a "comprehensive and
integrated" anti-TIP strategy. Government agencies are also
required by the Action Plan to include NGO input in anti-TIP
informational materials, educational seminars, and other
activities. The Plan requires a comprehensive
anti-trafficking strategy to be fully implemented by December
2008.

30 G. Government Efforts to Reduce Demand for Commercialized
Sex

During 2007, the authorities launched a multimedia campaign
to increase public awareness of Taiwan's human trafficking
problem, and to solicit public assistance in identifying and
assisting victims of sex and labor trafficking. As part of
this campaign, the MOI sponsored 420 radio and 267 television
announcements, placed eight newspaper notices, and printed
30,000 handbills describing the crime of human trafficking
and urging the public to report suspected abuses. Posters
depicting victims of sex and labor trafficking were posted at
community centers and park billboards around Taiwan. The
posters and radio and television advertisements targeted
those who might exploit victims of trafficking, including
unscrupulous employers and those who patronize prostitutes,
urging them to view trafficking victims as human beings
entitled to dignity, respect, and fair treatment.

As part of an ongoing campaign to prevent child sex
trafficking, the government displayed public service
announcements at 680 cinemas island-wide. The announcements
were also broadcast on six nationwide televisions stations,
and included on online chat-rooms frequented by Taiwanese
youth.

30 H. Government Efforts to Reduce Domestic

TAIPEI 00000400 012 OF 012


Participation in Child Sex Tourism

Taiwan does not have a recognized child sex tourism problem.
Taiwan passed the Child and Youth Sexual Transaction
Prevention Act (CYSTPA) in 1995. Since then, the incidence
of child prostitution has declined sharply on Taiwan, such
that NGOs report it is no longer a serious problem. Taiwan
citizens arrested abroad for having or attempting to have
sexual relations with minors are regularly prosecuted,
convicted, and sentenced to prison pursuant to the CYSTPA.

30 I. Government Efforts to Prevent Peacekeepers from
Trafficking or Exploiting TIP Victims

Not applicable to Taiwan.

2. (SBU) TIME SPENT ON REPORT:

FO-03, 65 hours
FO-01, 2 hours

3. (U) POST TIP POINT OF CONTACT:

Brad S. Parker
Political Officer
American Institute in Taiwan
Taipei, Taiwan
Phone: (011) (886) (2) 2162-2086
Fax: (011) (886) (2) 2162-2241
Email: parkerbs@state.gov
YOUNG

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