Human trafficking in Taiwan

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In 2008, Taiwan was primarily a destination for men, women, and children trafficked for the purposes of forced labor and sexual exploitation. It is also a source of women trafficked to Japan, Australia, the United Kingdom, and the United States. Women and girls from the People's Republic of China (P.R.C.) and Southeast Asian countries were trafficked to Taiwan through fraudulent marriages, deceptive employment offers, and illegal smuggling for sexual exploitation and forced labor. Many trafficking victims were workers from rural areas of Vietnam, Thailand, Indonesia, and the Philippines, [1] employed through recruitment agencies and brokers to perform low skilled work in Taiwan’s construction, fishing, and manufacturing industries, or to work as domestic servants. Such workers were often charged high job placement and service fees, up to $14,000, resulting in substantial debt that labor brokers or employers use as a tool for involuntary servitude. Many foreign workers remained vulnerable to trafficking because legal protections, oversight by authorities and enforcement efforts were inadequate.

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Taiwan authorities have reported that traffickers continue to use fraudulent marriages to facilitate labor and sex trafficking, despite increased efforts by the authorities to prevent this practice. Some women who are smuggled onto Taiwan to seek illegal work were sometimes sold in auctions to sex traffickers, and subsequently forced to work in the commercial sex industry. NGOs reported a sharp increase during the reporting period in the number of boys rescued from prostitution, mainly discovered during police investigations of online social networking sites suspected of being front operations for prostitution rings.

Taiwan authorities made clear progress during 2008 by improving efforts to investigate and prosecute trafficking cases, approving amendments to Taiwan’s Immigration Act that will significantly enhance legal protections for trafficking victims, and approving a budget plan of $12.6 million for victim protection measures. [2] In 2009 the Human Trafficking Prevention Act (HTPA) was passed. [3]

The U.S. State Department's Office to Monitor and Combat Trafficking in Persons placed the country in "Tier 1" in 2017 [4] Taiwan remained on Tier 1 in 2020, [5] and 2023. [6]

As of mid-2024, the country has not ratified the 2000 UN TIP Protocol. [7]

Sex trafficking

Taiwanese and foreign women and girls are sex trafficked in Taiwan. They are raped and harmed in brothels, hotel rooms, and other locations throughout the country. [8] [9] [10] [11] [12]

Prosecution

The Taiwanese government made significant efforts in investigating and prosecuting trafficking crimes over the last year, particularly involving labor exploitation. Taiwan does not have a comprehensive anti-trafficking law, but a number of its laws collectively criminalize most forms of trafficking. Section 296 and 296-1 of Taiwan’s criminal code prohibit slavery and the use of coercion or deception to exploit a victim, but existing legal definitions and proof burdens hamper prosecutors’ ability to obtain convictions in cases involving fraudulent recruitment, coercion, or deception. One convicted under Section 296 or 296-1 can face up to seven years in prison. [1] The Labor Standards Law, which prohibits forced labor under Articles 5 and 75, ensures overtime rates, and sets limits on the work-day and work-week. However, this law does not apply to the 160,000 foreign workers employed as private nursing caregivers or domestic helpers on Taiwan, who are especially vulnerable to labor exploitation.

Typical punishments imposed on offenders convicted of forced labor under the Labor Standards Law are fines or imprisonment of less than one year. All employers of foreign laborers are covered by the Employment Service Act, which punishes labor trafficking offenses with fines, jail time, or both. The Ministry of Justice took commendable steps during the reporting period to standardize data on trafficking to obtain more precise statistics on sex and labor trafficking cases. The Ministry of Interior reports that authorities commenced prosecutions against 423 individuals for suspected trafficking in 2007, most of which were sex trafficking cases. Also in 2007, 74 individuals were convicted, including 16 for sexual exploitation of a minor, 53 individuals for sexual exploitation, and five for labor exploitation. However, most individuals convicted of sexual and labor exploitation of adults received a sentence of less than one year. During the reporting period, there were confirmed incidents of several local authorities accepting bribes and sexual services in return for ignoring illegal sex and labor trafficking activities. Of the nine local authorities charged with aiding or abetting trafficking activities in 2007, one was sentenced to 12 years in prison and the remaining eight cases are still pending. The Taiwan Criminal Investigation Bureau continued to assist U.S. law enforcement authorities in investigations of Taiwan-based smuggling networks involved in trafficking women to the United States. [2]

On 6 November 2008, the Anti-Human Trafficking law draft bill was approved and the government was hoping that it would be pushed to approval from the Taiwan legislature in the near future, to greatly contribute to prevention measures that the government has adopted to combat human trafficking. The bill would impose a 10-year term of imprisonment and a NT$10 million ($305,000 US dollar) fine for traffickers convicted of forcing victims to engage in prostitution. [1]

A study published in 2017, used the court proceedings of prosecuted trafficking under the HTPA from all 21 districts in Taiwan from 2009 to 2012. The results are based on 37 court hearings, involving 195 women and girls that were victimized and 118 perpetrators. [3]

The 2018 reporting period showed significant numbers of prosecutions, convictions, and identification of human trafficking. The Human Trafficking Prevention and Control Act (HTPCA) criminalized all forms of trafficking and implemented penalties of up to 7 years imprisonment. [13] In 2019 amendments were made to the HTPCA, which took effect in July, increasing the penalties for individuals who “through recruitment, seduction, shelter, arrangement, assistance, exploitation, or other means, cause a child to act as a host or hostess in a bar or club or engage in acts associated with tour escort and singing or dancing companion services that involve sexual activities”. [14]

In 2019, 143 trafficking investigations were conducted, including 32 labor trafficking and 111 sex trafficking. Also, that year, 122 individuals were newly prosecuted, including 48 individuals tried under the Child and Youth Sexual Exploitation Prevention Act (CYSEPA), 23 under the HTPCA, and 51 under other laws and criminal codes. The Fisheries Agency (FA) conducted a reported amount of 198 random inspections of fishing vessels. Which uncovered 88 violations related to contract issues, excessive overtime and wage discrepancies. [5]

Protection

Protection efforts by Taiwan authorities have improved modestly, but remained inadequate during the reporting period. The vast majority of trafficking victims in Taiwan continue to be undetected by law enforcement authorities. Although Taiwan has formal victim identification procedures and has provided training on these procedures, immigration officers, police, prosecutors, and other law enforcement personnel do not consistently follow the procedures. It is widely reported that authorities, particularly at the local level, fail to identify the vast majority of trafficking victims, classifying them instead as illegal immigrants or “runaway” foreign workers in illegal labor status. As a result, many trafficking victims are detained, prosecuted, fined, or jailed, and ultimately deported. The majority of victims are treated simply as illegal immigrants or illegal laborers, and housed in formal, long-term detention facilities, which are sometimes plagued by overcrowding and poor sanitation. While incarcerated, most detainees have no access to psychological or legal counseling, and only limited access to medical services. Only a small percentage of trafficking victims are properly identified and removed from detention facilities. Some trafficking victims who were formally identified as such were inappropriately incarcerated solely for unlawful acts that were a direct result of being trafficked.

During the reporting period, some identified victims, the majority of whom were held in detention facilities, were prosecuted for immigration, labor, and criminal law violations. In most cases, only those victims who cooperated with prosecutors in cases where charges were actually filed against the trafficker or other defendants were excused from punishment. The treatment afforded to victims varies considerably from place to place. The Council for Labor Affairs (CLA) provides subsidies to 11 NGO-operated shelters for trafficking victims. Most of those sheltered in these facilities were referred by churches, NGOs, or other informal channels. In July 2007, the Executive Yuan approved the “Human Trafficking Implementation Plan,” setting aside $12.6 million for construction and improvement of shelter facilities, education, and training for authorities. During the reporting period, the National Immigration Agency solicited bids to operate a shelter for trafficking victims, but when no NGOs bid for the funds, which they deemed insufficient, the Legislative Yuan (LY) cut the funding allocation from the 2008 budget. Although the LY amended Taiwan’s immigration law to provide additional protections to trafficking victims in 2007, these amendments have not yet gone into effect. [2]

Protection efforts were increased by Taiwan authorities in 2017. That year 328 trafficking victims were identified, including 209 exploited in sex trafficking and 119 from forced labour, to which 298 were referred to shelters for assistance. The National Immigration Agency (NIA) operated a shelter for foreign trafficking victims and continued construction on a second shelter. [13] Both shelters were operated by the NIA the following year but due to security concerns, access to the shelters was limited to victims from the People’s Republic of China, which other nationals had access to other NGO shelter services. The Minister of Labor (MOL) subsidized an additional 22 shelters and operated a 24-hour hotline accessible to trafficking victims. [14]

Prevention

The Taiwan authorities report that their efforts to combat trafficking abroad are hampered by a lack of formal diplomatic relations with source-country governments and an inability to join relevant international organizations. Domestically, the Taiwan authorities used broadcast and print media to sensitize the public to the plight of trafficked women forced to work in Taiwan’s commercial sex industry. The authorities also continued an outreach program to enhance foreign workers’ understanding of their rights and the resources available to them, which included the distribution of multilingual emergency contact cards, announcements in foreign-language publications, and radio and television advertisements. The CLA spent $2.1 million in 2007 on 24 Foreign Labor Consultant Service Centers, which provide counseling, legal aid, and labor dispute resolution services to foreign workers. As part of an ongoing campaign to combat child sex trafficking, authorities on Taiwan displayed public service announcements at 680 cinemas nationwide and broadcast announcements on television and on online chat rooms frequented by Taiwan’s youth. Taiwan continues to operate an island-wide toll-free hotline for foreign spouses and foreign workers seeking assistance. Taiwan has an extraterritorial law criminalizing the sexual exploitation of children by Taiwan residents traveling abroad; however, it did not take other steps during the reporting year to reduce demand for child sex tourism. [2]

In 2017 the cabinet-level minister-without-portfolio continue to implement the national plan of action and oversee an interagency working group. Advertisements, public service announcements, materials on human trafficking, and trainings for the vulnerable populations were continues to be funded by various agencies. International airport service counters and foreign-worker service stations around Taiwan were operated by authorities to raise awareness and educate foreign workers of their rights. [13] These efforts were maintained in 2018, additionally NGO concerns were divided into two subgroups by authorities, one to focus on domestic workers and the other on migrant fishermen. The Fisheries Agency (FA) handed out information cards about workers' rights and hotline number to foreign crewmembers during random inspections. [14]

Early 2019, the NIA launched a program for foreign individuals to willingly turn themselves in when they overstay their visas and receive reduced penalties. This program benefitted 2,300 foreign nationals during its first month of implementation. [5]

Related Research Articles

In 2009, efforts to crack down on human trafficking in Russia focused not only on the men, women, and children who were illegally shipped out of Russia to undergo forced labor and sexual exploitation in other countries, but also those who were illegally brought into Russia from abroad. The Government of the Russian Federation has made significant progress in this area since 1999, but a report commissioned by the United States Department of State in 2010 concluded that much more needed to be done before Russia could be taken off its Tier 3 watchlist.

In 2008, Syria was a destination and transit country for women and children trafficked for commercial sexual exploitation and forced labor. A significant number of women and children in the large and expanding Iraqi refugee community in Syria were reportedly forced into commercial sexual exploitation by Iraqi gangs or, in some cases, their families. Similarly, women from Somalia and Eastern Europe were trafficked into commercial sexual exploitation. Foreign women recruited for work in Syria as cabaret dancers were not permitted to leave their work premises without permission, and they had their passports withheld - indicators of involuntary servitude. Some of these women may also have been forced into prostitution. Anecdotal evidence suggests that Syria may have been a destination for sex tourism from other countries in the region. In addition, women from Indonesia, the Philippines, Ethiopia, and Sierra Leone were recruited for work in Syria as domestic servants, but some face conditions of involuntary servitude, including long hours, non-payment of wages, withholding of passports, restrictions on movement, threats, and physical or sexual abuse. Syria may also have been a transit point for Iraqi women and girls trafficked to Kuwait, the United Arab Emirates (U.A.E.), and Lebanon for forced prostitution. The Government of Syria did not fully comply with the minimum standards for the elimination of trafficking and did not making significant efforts to do so. Syria again failed to report any law enforcement efforts to punish trafficking offenses over the last year. In addition, the government did not offer protection services to victims of trafficking and may have arrested, prosecuted, or deported some victims for prostitution or immigration violations.

Tanzania ratified the 2000 UN TIP Protocol in May 2006.

The United Arab Emirates ratified the 2000 UN TIP Protocol in January 2009.

In 2008 Vietnam was primarily a source country for women and children trafficked for commercial sexual exploitation and forced labor. Women and children were trafficked to the People’s Republic of China (P.R.C), Cambodia, Thailand, the Republic of Korea, Malaysia, Taiwan, and Macau for sexual exploitation. Vietnamese women were trafficked to the P.R.C., Taiwan, and the Republic of Korea via fraudulent or misrepresented marriages for commercial exploitation or forced labor. Vietnam was also a source country for men and women who migrate willingly and legally for work in the construction, fishing, or manufacturing sectors in Malaysia, Taiwan, P.R.C., Thailand, and the Middle East but subsequently face conditions of forced labor or debt bondage. Vietnam was a destination country for Cambodian children trafficked to urban centers for forced labor or commercial sexual exploitation. The country had an internal trafficking problem with women and children from rural areas trafficked to urban centers for commercial sexual exploitation and forced labor. Vietnam was increasingly a destination for child sex tourism, with perpetrators from Japan, the Republic of Korea, the P.R.C., Taiwan, the UK, Australia, Europe, and the U.S. In 2007, an Australian non-governmental organization (NGO) uncovered 80 cases of commercial sexual exploitation of children by foreign tourists in the Sa Pa tourist area of Vietnam alone.

In 2019 Zimbabwe was a source, transit, and destination country for men, women, and children trafficked for the purposes of forced labor and sexual exploitation. Large scale migration of Zimbabweans to surrounding countries - as they fled a progressively more desperate situation at home - increased, and NGOs, international organizations, and governments in neighboring countries reported an upsurge in these Zimbabweans facing conditions of exploitation, including human trafficking. Rural Zimbabwean men, women, and children were trafficked internally to farms for agricultural labor and domestic servitude and to cities for domestic labor and commercial sexual exploitation. Women and children were trafficked for domestic labor and sexual exploitation, including in brothels, along both sides of the borders with Botswana, Mozambique, South Africa, and Zambia. Young men and boys were trafficked to South Africa for farm work, often laboring for months in South Africa without pay before "employers" have them arrested and deported as illegal immigrants. Young women and girls were lured to South Africa, the People's Republic of China, Egypt, the United Kingdom, the United States, and Canada with false employment offers that result in involuntary domestic servitude or commercial sexual exploitation. Men, women, and children from the Democratic Republic of the Congo, Malawi, Mozambique, and Zambia were trafficked through Zimbabwe en route to South Africa. Small numbers of South African girls were trafficked to Zimbabwe for domestic servitude. The government’s efforts to address trafficking at home have increased with the introduction of the National Action Plan (NAP) as well as the 2014 Trafficking in Persons Act. In addition, the trafficking situation in the country is worsening as more of the population is made vulnerable by declining socio-economic conditions.

In 2008, Honduras was principally a source and transit country for women, girls, and boys trafficked for the purpose of commercial sexual exploitation. Honduran children were typically trafficked from rural areas to urban and tourist centers such as San Pedro Sula, the North Caribbean coast, and the Bay Islands. Honduran women and children are trafficked to Guatemala, El Salvador, Mexico, and the United States for sexual exploitation. Most foreign victims of commercial sexual exploitation in Honduras were from neighboring countries; some were economic migrants en route to the United States who are victimized by traffickers. Internal child labor and forced child labor for violent criminal gangs were serious concerns.

The Hong Kong Special Administrative Region (HKSAR) of the People's Republic of China is a destination and transit territory for men and women trafficked for the purposes of commercial sexual exploitation and forced labor.

Indonesia is a source, transit, and destination country for women, children, and men trafficked for the purposes of commercial sexual exploitation and forced labor. The greatest threat of trafficking facing Indonesian men and women is that posed by conditions of forced labor and debt bondage in more developed Asian countries and the Middle East.

Human trafficking in Israel includes the trafficking of men and women into the country for forced labor and sex slavery. The country has made serious efforts to reduce the problem in recent years and now ranks 90th out of 167 countries who provide data. Identification of victims, criminal justice work and efforts to co-ordinate with business and government agencies has been concerted in reducing this problem in the last decade.

Italy ratified the 2000 UN TIP Protocol in August 2006.

Latvia ratified the 2000 UN TIP Protocol in May 2004.

Austria is a destination and transit country for women, men, and children subjected to trafficking in persons, specifically forced prostitution and forced labor.

Bangladesh is a source and transit country for men, women, and children subjected to trafficking in persons, specifically forced labor and forced prostitution. A significant share of Bangladesh's trafficking victims are men recruited for work overseas with fraudulent employment offers who are subsequently exploited under conditions of forced labor or debt bondage. It also includes the trafficking of children – both boys and girls – within Bangladesh for commercial sexual exploitation, bonded labor, and forced labor. Some children are sold into bondage by their parents, while others are induced into labor or commercial sexual exploitation through fraud and physical coercion. Women and children from Bangladesh are also trafficked.

<span class="mw-page-title-main">Human trafficking in Papua New Guinea</span>

In 2009, Papua New Guinea was a source, destination, and transit country for men, women, and children subjected to trafficking in persons, specifically forced prostitution and forced labor. Women and children were subjected to commercial sexual exploitation and involuntary domestic servitude; trafficked men were forced to provide labor in logging and mining camps. Children, especially young girls from tribal areas, were most vulnerable to being pushed into commercial sexual exploitation or forced labor by members of their immediate family or tribe. Families traditionally sold girls into forced marriages to settle their debts, leaving them vulnerable to involuntary domestic servitude, and tribal leaders trade the exploitative labor and service of girls and women for guns and political advantage. Young girls sold into marriage were often forced into domestic servitude for the husband's extended family. In more urban areas, some children from poorer families were prostituted by their parents or sold to brothels. Migrant women and teenage girls from Malaysia, Thailand, China, and the Philippines were subjected to forced prostitution, and men from China were transported to the country for forced labor.

In 2009 Namibia was a country of origin, transit, and destination for foreign and Namibian women and children, and possibly for men subjected to trafficking in persons, specifically conditions of forced labor and forced prostitution. Traffickers exploited Namibian children, as well as children from Angola and Zambia, through forced labor in agriculture, cattle herding, involuntary domestic servitude, charcoal production, and commercial sexual exploitation. In some cases, Namibian parents unwittingly sold their children to traffickers. Reports indicate that vulnerable Namibian children were recruited for forced prostitution in Angola and South Africa, typically by truck drivers. There was also some evidence that traffickers move Namibian women to South Africa and South African women to Namibia to be exploited in forced prostitution. Namibian women and children, including orphans, from rural areas were the most vulnerable to trafficking. Victims were lured by traffickers to urban centers and commercial farms with promises of legitimate work for good wages they may never receive. Some adults subjected children to whom they are distantly related to forced labor or commercial sexual exploitation. Small business owners and farmers may also participated in trafficking crimes against women or children. Victims were forced to work long hours to carry out hazardous tasks, and may have been beaten or raped by traffickers or third parties.

Malaysia ratified the 2000 UN TIP Protocol in February 2009.

In 2009 Brunei was a destination, and to a lesser extent, a source and transit country for men and women who were subjected to trafficking in persons, specifically forced labor and forced prostitution. Men and women from Indonesia, Malaysia, the Philippines, Pakistan, India, Bangladesh, China, and Thailand migrated to Brunei for domestic or other low-skilled labor but sometimes faced conditions of involuntary servitude upon arrival. There were over 88,000 migrant workers in Brunei, some of whom faced debt bondage, non-payment of wages, passport confiscation, confinement to the home, and contract switching - factors that may contribute to trafficking. There were credible reports of nationals from South Asian countries subjected to nonpayment of wages and debt bondage in Brunei for up to two years to pay back foreign recruitment agents. Some of the 25,000 female domestic workers in Brunei were required to work exceptionally long hours without being granted a day for rest, creating an environment consistent with involuntary servitude. There are reports of women forced into prostitution in Brunei, and reports that women arrested for prostitution attest to having been victims of trafficking. Brunei is a transit country for trafficking victims in Malaysia, including Filipinas, who are brought to Brunei for work permit re-authorization before being returned to Malaysia.

In 2009 El Salvador was a source, transit, and destination country for women and children who were subjected to trafficking in persons, specifically forced prostitution and forced labor. Most victims were Salvadoran women and girls from rural areas who were forced into commercial sexual exploitation in urban areas, though some adults and children were subjected to forced labor as agricultural workers and domestic workers. The majority of foreign victims were women and children from neighboring countries, such as Honduras, Nicaragua, and the Dominican Republic, who migrated to El Salvador in response to job offers, but were subsequently forced into prostitution or domestic servitude. Trafficking offenders used fraudulent documentation to facilitate the movement of foreign victims. Salvadorans have been subjected to forced prostitution in Guatemala, Mexico, Belize, the United States, Spain, and Italy.

References

  1. 1 2 3 "Taiwan: Anti-Human Trafficking Law Drafted". Library of Congress. Retrieved 2022-05-04.
  2. 1 2 3 4 "Taiwan". Trafficking in Persons Report 2008. U.S. Department of State (June 4, 2008). This article incorporates text from this source, which is in the public domain.
  3. 1 2 Huang, Lanying (2017-11-09). "The trafficking of women and girls in Taiwan: characteristics of victims, perpetrators, and forms of exploitation". BMC Women's Health. 17 (1): 104. doi: 10.1186/s12905-017-0463-2 . PMC   5679141 . PMID   29121905.
  4. ↑ "Trafficking in Persons Report 2017: Tier Placements". www.state.gov. Archived from the original on 2017-06-28. Retrieved 2017-12-01.
  5. 1 2 3 "2020 Trafficking in Persons Report – Taiwan". American Institute in Taiwan. 2020-06-26. Retrieved 2022-06-08.
  6. ↑ US Government website, Trafficking in Persons Report 2023
  7. ↑ United Nations Treaty Collection website, Chapter XVIII Penal Matters section, Section 12a, retrieved August 19, 2024
  8. ↑ "Sex trafficking ring busted, Vietnamese women rescued". Focus Taiwan. November 18, 2019.
  9. ↑ "Taiwan News: 7 Human Trafficking Suspects Arrested in Missing Vietnamese Case". The News Lens. January 22, 2019.
  10. ↑ "How migrant workers become human trafficking victims in Taiwan". AP Migration. August 3, 2015. Archived from the original on February 12, 2022. Retrieved April 28, 2020.
  11. ↑ "Taiwanese trafficking victim who escaped POGO sex den comes forward". philstar. February 12, 2020.
  12. ↑ "Taiwan's human trafficking issue". Taipei Times. November 26, 2006.
  13. 1 2 3 "2018 Trafficking in Persons Report - Taiwan". Refworld. Retrieved 2022-05-19.
  14. 1 2 3 "2019 Trafficking in Persons Report - Taiwan". American Institute in Taiwan. 2019-06-20. Retrieved 2022-06-03.
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