VZCZCXRO2508
OO RUEHCN RUEHGH RUEHVC
DE RUEHBJ #4240/01 3220738
ZNR UUUUU ZZH
O 170738Z NOV 08
FM AMEMBASSY BEIJING
TO RUEHC/SECSTATE WASHDC IMMEDIATE 0889
INFO RUEHOO/CHINA POSTS COLLECTIVE PRIORITY
RHMFIUU/DEPT OF HOMELAND SECURITY WASHINGTON DC PRIORITY
RUEAWJA/DEPT OF JUSTICE WASHDC PRIORITY
RUEAIIA/CIA WASHINGTON DC PRIORITY

UNCLAS SECTION 01 OF 04 BEIJING 004240 
 
SIPDIS 
 
DEPT FOR EAP/CM JCARTIN; EAP/RSP DTIKVART; G/TIP GPATEL 
 
E.O. 12958: N/A 
TAGS: PGOV PHUM SMIG KTIP KCRM KWMN CH
SUBJECT: CHINA TIP INTERIM ASSESSMENT 2009 
 
REF: STATE 111886 
 
Summary 
------- 
 
¶1. (U) China has made progress since April 2008 in combating 
human trafficking.  The implementation of the National Plan 
of Action (NPA) on Combating Trafficking in Women and 
Children (2008-2012), led by the Ministry of Public Security 
(MPS) in coordination with 28 other agencies, underscores 
China's efforts to move from "combating trafficking" status 
to "anti-trafficking," thereby broadening its focus from 
prosecution and rescue to include prevention, protection, 
rehabilitation and reintegration of trafficking victims into 
society. 
 
¶2. (U) The NPA aims to provide "sustainable and long-term 
solutions to human trafficking."  China has publicly 
expressed its intention to ratify the UN Protocol to Prevent, 
Suppress and Punish Trafficking in Persons, but ratification 
of the protocol will require a comprehensive review of 
China's laws and regulations relating to human trafficking, 
notably those pertaining to the definition of minors, the 
definition of trafficking and the scope of what constitutes a 
trafficking crime.  That review is not yet complete. 
 
¶3. (U) China has not officially adopted standardized 
guidelines for identification of trafficking victims, nor 
does it offer comprehensive victim protection services, 
although guidelines and programs are being developed to 
address these deficiencies.  China continues to consider all 
North Koreans "economic migrants" rather than refugees and 
has limited UNHCR personnel's access to North Korean refugees 
in China, leaving that population especially vulnerable to 
trafficking. End Summary. 
 
Funding for NPA implementation 
------------------------------ 
 
¶4. (U) China's National Plan of Action (NPA) stipulates that 
a "strategic measure" to be implemented in carrying out the 
NPA is to "employ multiple fundraising channels using 
contributions from the government, supplemented by donations 
from society and other sources."  Relevant government 
departments at the national and local levels are required to 
set aside earmarked funding for anti-trafficking efforts.  At 
the same time, each department at all levels is encouraged to 
"procure contributions from civil groups, public welfare 
organizations, private enterprises and institutions as well 
as individuals."  The NPA also welcomes international aid, as 
well as technical expertise, to assist China in meeting its 
objectives. 
 
¶5. (U) According to the MPS Office to Combat Human 
Trafficking, the Ministry of Public Security is in the 
process of negotiating with the Ministry of Finance to 
allocate a larger tranche of the national budget to 
anti-trafficking measures, especially in less developed 
regions. 
 
Efforts to Address Labor Trafficking 
------------------------------------ 
 
¶6. (U) Chinese law prohibits forced and compulsory labor, 
including by children, but such practices continue to occur. 
Chinese authorities have had modest success in protecting 
victims of forced labor and there have been several recent 
high-profile cases in which forced laborers have been 
"rescued" from their employers by authorities in sting 
operations. 
 
¶7. (U) China's Labor Contract Law, which went into effect in 
January, provides workers and rights defenders new legal 
tools to hold employers accountable for illegal labor 
practices, such as preventing workers from exercising their 
right to leave their jobs. In addition, the State Council and 
14 ministries, including the Ministry of Public Security and 
the Ministry of Human Resources and Social Security, are 
discussing a revision of China's household registration 
policy with the aim of increasing legal protection for 
migrant workers.  Migrant workers, estimated by the 
International Labor Organization (ILO) to number more than 
100 million persons, are those most vulnerable to trafficking. 
 
¶8. (U) Chinese law prohibits the employment of children under 
the age of 16, but the government has not adopted a 
comprehensive policy to combat child labor and claims that 
the majority of children who work do so to supplement family 
 
BEIJING 00004240  002 OF 004 
 
 
income.  The labor law specifies administrative review, fines 
and revocation of business licenses of those businesses found 
to have illegally hired minors. Reliable statistics on the 
prevalence of child labor are not available, but the 
government acknowledges there is a problem and although it 
says it is not widespread, admits that it is relatively 
prevalent in certain industries, including manufacturing. 
 
¶9. (U) In July 2008, the Ministry of Human Resources and 
Social Security established a bureau for labor protection 
which is charged with investigating allegations of illegal 
employment practices and reporting cases of labor trafficking 
to the Ministry of Public Security.  The Ministry also 
provides free vocational training and guidance to female 
victims of trafficking under 16 who do not want to return to 
their original residences. 
 
Meeting International Legal Standards 
------------------------------------- 
 
¶10. (U) China has publicly announced its plans to ratify the 
UN Protocol to Prevent, Suppress and Punish Trafficking in 
Persons and expects ratification to occur in 2009 during the 
annual spring session of the National People's Congress 
(NPC), the country's highest legislative body. The Ministry 
of Public Security says that "China has put efforts to ratify 
the protocol at the top of its agenda," while the NPA 
mandates the "signing and implementation of relevant 
international treaties." 
 
¶11. (U) Ratification of the protocol would require a 
comprehensive review of China's laws and regulations relating 
to human trafficking, notably those pertaining to the 
definition of minors, the definition of trafficking and the 
scope of what constitutes a trafficking crime. At present, 
China's definition of trafficking does not include forced 
labor nor trafficking of men and boys while a minor is 
defined as a person under 14 years of age. 
 
¶12. (U) Members of the NPC and the Supreme People's Court 
(SPC) have indicated that China's criminal law can be revised 
in order to accommodate differences between China's legal 
framework and international law.  In addition to Articles 
240, 241 and 262 of China's Criminal Code, which directly 
address trafficking, the following articles refer to the 
criminalization of various trafficking-related crimes: 
Articles 134, 135, 244, 262 and 333 address forced labor; 
Articles 358, 359, 360, 361 and 365 address sexual 
exploitation; Articles 234 and 238 address violation of a 
victim's rights while being trafficked; Article 242, 362, 416 
and 417 address obstructing rescue operations of trafficking 
victims; Article 318, 319, 320, 321, 322 and 415 address 
transnational trafficking crimes and Articles 23, 26, 27, 28, 
30, 31 and 64 address complicity in trafficking crimes. 
 
¶13. (U) The Coordinated Mekong Ministerial Initiative Against 
Trafficking (COMMIT) Joint Declaration, signed by China and 
five Southeast Asian countries in December 2007, further 
binds China to a revision of its laws and regulations, 
stipulating that each member declare a "firm commitment to 
the fight against slavery in all its forms including sexual 
exploitation of both children and adults, forced labor, child 
labor and forced marriage, contained in the Universal 
Declaration of Human Rights and other international 
instruments." 
 
Victim Identification Procedures 
-------------------------------- 
 
¶14. (U) China has not officially adopted standardized 
guidelines for identification of trafficking victims, 
although guidelines have been developed and are currently 
being considered for approval. The Ministry of Civil Affairs 
is working with the International Organization for Migration 
(IOM) on a training module on identification, protection, 
recovery and reintegration of trafficking victims and is 
planning to implement a pilot project at several of its 
relief shelters to develop a model program for such services. 
 
Protection and Rehabilitation of Victims 
---------------------------------------- 
 
¶15. (U) China continues to lack comprehensive victim 
protection services, although it is making efforts to address 
this deficiency.  The NPA calls for strengthening relief and 
rehabilitation of victims by increasing the number of women 
and children who receive training, aid and medical treatment, 
as well as through establishing institutions for relief, 
 
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transfer and rehabilitation.  The NPA further mandates that 
rescued women and children should be successfully 
reintegrated into society and agencies should "strengthen 
registration, management and protection" by establishing 
"specialized archives" to track victims' rehabilitation 
progress. 
 
¶16. (U) The Ministry of Civil affairs is working to develop a 
program model for victim identification, protection, recovery 
and reintegration, and plans to double its child relief 
centers, which often serve as shelters for trafficking 
victims, to 300 by 2010.  The Ministry of Public Security, 
with the help of UN agencies, continues to operate "transfer 
centers" along the border with Vietnam and Burma which 
reportedly provide assistance and rehabilitation services for 
victims.  Legal aid services for women continue to be 
provided in key areas across the country. 
 
Investigating Government Officials 
---------------------------------- 
 
¶17. (U) In February 2008, the Central Committee on the 
Comprehensive Management of Public Security (CCCMPS), China's 
top public security watch-dog, added anti-trafficking 
measures to its list of national priorities for maintaining 
public security.  As a result, police facilities around the 
country, including community and civilian police 
installations, were reportedly expanded and improved to 
provide a "safer community environment for the general 
public."  The new priorities also mean that government 
officials' performance is evaluated against regulations that 
prohibit complicity in trafficking crimes. 
 
Increasing Public Awareness 
--------------------------- 
 
¶18. (U) China is making strides to increase public awareness 
of the trafficking issue.  The NPA stipulates that the 
government "increase the dissemination of anti-trafficking 
information, training and education" in key areas and with 
at-risk populations, as well as with the general public and 
law enforcement officials. Hotlines for victims of 
trafficking and trafficking-related crimes are set up across 
the country in various provinces, cities and counties, and 
are maintained by the government agencies, associations or 
youth organizations. 
 
¶19. (U) Targeted public awareness campaigns continue in 
various regions, building on the success of the All China 
Women's Federation (ACWF) "Spring Rain" campaign held in 
February 2007 in which information on trafficking prevention 
and safe employment was disseminated to young female migrant 
workers during the spring migration season across five 
provinces.  Such campaigns usually aim to reach young, female 
audiences, considered the most vulnerable to trafficking in 
China. 
 
Legal Alternatives to Repatriation 
---------------------------------- 
 
¶20. (U) Although China provides temporary shelter to foreign 
victims of trafficking, there are no legal alternatives to 
repatriation.  Most foreign victims are therefore returned to 
their country of origin upon identification.  China continues 
to work together with COMMIT members, especially Vietnam and 
Burma, on anti-trafficking programs, and uses its Border 
Liaison Offices (BLOs) in Yunnan and Guangxi Provinces to 
facilitate repatriation of victims. 
 
Adhering to Refugee Conventions 
------------------------------- 
 
¶21. (U) China continues to consider all North Koreans 
"economic migrants" rather than refugees and has limited the 
UN High Commissioner for Refugees' (UNHCR) access to North 
Korean refugees in China.  The lack of access to 
UNHCR-supported durable solution options and constant fear of 
forced repatriation by Chinese authorities leave North Korean 
refugees vulnerable to human traffickers. 
 
Other Significant Developments 
------------------------------ 
 
¶22. (U) As a follow-up to several preparatory meetings on 
implementing the NPA held in June and September, the first 
Inter-Ministerial Joint Conference System (IMCS), a 
ministerial-level joint meeting headed by Ministry of Public 
Security and comprising 28 agencies, will be held in 
 
BEIJING 00004240  004 OF 004 
 
 
November.  Rules and regulations, as well as ministerial 
responsibilities for implementing the NPA, are expected to be 
approved at this meeting and problems and difficulties 
encountered since January 2008 will be reviewed.  Provincial 
responsibilities under the NPA will also be discussed, as 
well as the first provincial action plans developed in 
Fujian, Guizhou and Hunan. 
 
¶23. (U) MPS is currently undertaking research on the 
trafficking problem in China, its root causes, scope, etc. 
and is prioritizing data collection and reporting systems to 
"improve the mechanism for information collection and 
exchange on combating crime." Eventually, MPS aims to 
standardize policies related to trafficking nation-wide. 
RANDT