This record is a partial extract of the original cable. The full text of the original cable is not available.

UNCLAS SECTION 01 OF 18 TAIPEI 000866 
 
SIPDIS 
 
STATE PASS AIT/W AND USAID 
 
E.O. 12958: N/A 
TAGS: ASEC ELAB KCRM KFRD KWMN PHUM PREF SMIG TW TIP
SUBJECT: 2005 TRAFFICKING IN PERSONS REPORT: TAIWAN 
 
REF: STATE 273089 
 
¶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. 
 
-------- 
Overview 
-------- 
 
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. 
 
---------- 
Prevention 
---------- 
 
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