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Viewing cable 09STATE60447, CHINA -- 2009 TIP REPORT: PRESS GUIDANCE AND
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Reference ID | Created | Released | Classification | Origin |
---|---|---|---|---|
09STATE60447 | 2009-06-11 20:10 | 2011-08-26 00:00 | UNCLASSIFIED | Secretary of State |
VZCZCXRO6880
OO RUEHCN RUEHGH
DE RUEHC #0447/01 1622041
ZNR UUUUU ZZH
O 112010Z JUN 09
FM SECSTATE WASHDC
TO RUEHBJ/AMEMBASSY BEIJING IMMEDIATE 8602
INFO RUEHCN/AMCONSUL CHENGDU IMMEDIATE 4135
RUEHGZ/AMCONSUL GUANGZHOU IMMEDIATE 0664
RUEHGH/AMCONSUL SHANGHAI IMMEDIATE 3988
RUEHSH/AMCONSUL SHENYANG IMMEDIATE 8667
UNCLAS SECTION 01 OF 08 STATE 060447
SIPDIS
E.O. 12958: N/A
TAGS: KTIP ELAB KCRM KPAO KWMN PGOV PHUM PREL SMIG CH
SUBJECT: CHINA -- 2009 TIP REPORT: PRESS GUIDANCE AND
DEMARCHE
REF: A. (A) STATE 59732
¶B. (B) STATE 005577
¶1. This is an action cable; see paras 5 through 7 and 10.
¶2. On June 16, 2009, at 10:00 a.m. EDT, the Secretary will
release the 2009 Trafficking in Persons (TIP) Report at a
press conference in the Department's press briefing room.
This release will receive substantial coverage in domestic
and foreign news outlets. Until the time of the Secretary's
June 16 press conference, any public release of the Report or
country narratives contained therein is prohibited.
¶3. The Department is hereby providing Post with advance press
guidance to be used on June 16 or thereafter. Also provided
is demarche language to be used in informing the Government
of the People,s Republic of China of its tier ranking and
the TIP Report's imminent release. The text of the TIP
Report country narrative is provided, both for use in
informing the Government of the People,s Republic of China
and in any local media release by Post's public affairs
section on June 16 or thereafter. Drawing on information
provided below in paras 8 and 9, Post may provide the host
government with the text of the TIP Report narrative no
earlier than 1200 noon local time Monday June 15 for WHA, AF,
EUR, and NEA countries and OOB local time Tuesday June 16 for
SCA and EAP posts. Please note, however, that any public
release of the Report's information should not/not precede
the Secretary's release at 10:00 am EDT on June 16.
¶4. The entire TIP Report will be available on-line at
www.state.gov/g/tip shortly after the Secretary's June 16
release. Hard copies of the Report will be pouched to posts
in all countries appearing on the Report. The Secretary's
statement at the June 16 press event, and the statement of
and fielding of media questions by G/TIP,s Director and
Senior Advisor to the Secretary, Ambassador-at-Large Luis
CdeBaca, will be available on the Department's website
shortly after the June 16 event. Ambassador de Baca will
also hold a general briefing for officials of foreign
embassies in Washington DC on June 17 at 3:30 pm EDT.
¶5. Action Request: No earlier than 12 noon local time on
Monday June 15 for WHA, AF, EUR, and NEA posts and OOB local
time on Tuesday June 16 for SCA and EAP posts, please inform
the appropriate official in the Government of the People,s
Republic of China of the June 16 release of the 2009 TIP
Report, drawing on the points in para 9 (at Post's
discretion) and including the text of the country narrative
provided in para 8. For countries where the State Department
has lowered the tier ranking, it is particularly important to
advise governments prior to the Report being released in
Washington on June 16.
¶6. Action Request continued: Please note that, for those
countries which will not receive an "action plan" with
specific recommendations for improvement, posts should draw
host governments' attention to the areas for improvement
identified in the 2009 Report, especially highlighted in the
"Recommendations" section of the second paragraph of the
narrative text. This engagement is important to establishing
the framework in which the government's performance will be
judged for the 2010 Report. If posts have questions about
which governments will receive an action plan, or how they
may follow up on the recommendations in the 2009 Report,
please contact G/TIP and the appropriate regional bureau.
¶7. Action Request continued: On June 16, please be prepared
to answer media inquiries on the Report's release using the
press guidance provided in para 11. If Post wishes, a local
press statement may be released on or after 10:30 am EDT June
16, drawing on the press guidance and the text of the TIP
Report's country narrative provided in para 8.
¶8. Begin Final Text of China,s country narrative in the 2009
TIP Report:
--------------------------------
CHINA (TIER 2 WATCH LIST)
--------------------------------
The People,s Republic of China (PRC) is a source, transit,
and destination country for men, women, and children
trafficked for the purposes of forced labor and sexual
exploitation. Although the majority of trafficking in the
STATE 00060447 002 OF 008
PRC occurs within the country,s borders, there is also
considerable trafficking of PRC citizens to Africa, other
parts of Asia, Europe, Latin America, the Middle East, and
North America. Women are lured through false promises of
legitimate employment and forced into commercial sexual
exploitation largely in Taiwan, Thailand, Malaysia, and
Japan. Chinese women and men are smuggled throughout the
world at great personal financial cost and then forced into
commercial sexual exploitation or exploitative labor to repay
debts to traffickers. Women and children are trafficked to
China from such countries as Mongolia, Burma, North Korea,
Russia, Vietnam, Romania, and Ghana for purposes of forced
labor, marriage, and sexual slavery. There were new reports
that Vietnamese men are trafficked to China for forced labor
and ethnic Hmong girls and women from Vietnam trafficked for
forced marriages in China. Some women from Tibet were
trafficked to Indonesia for forced prostitution. Some North
Koreans seeking to leave their country enter northeastern
China and are subsequently subjected to sexual servitude or
forced labor. North Korean women are often sold into forced
marriages with Chinese nationals, or forced to work in
internet sex businesses. Some experts and NGOs suggested
trafficking in persons has been fueled by economic disparity
and the effects of population planning policies, and that a
shortage of marriageable women fuels the demand for abducted
women, especially in rural areas. While it is difficult to
determine if the PRC,s male-female birth ratio imbalance,
with more males than females, is currently affecting
trafficking of women for brides, some experts believe that it
has already or may become a contributing factor.
Forced labor remained a serious problem in penal
institutions. This was mainly the product of administrative
decisions, rather than the result of due process and
conviction. Many prisoners and detainees in reeducation
through labor facilities were required to work, often with no
remuneration. Some children are abducted for forced begging
and thievery in large cities. There were numerous confirmed
reports of involuntary servitude of children, migrant
workers, and abductees in China. In April 2008, a Chinese
newspaper uncovered an extensive child forced labor network
in Guangdong province that reportedly took thousands of
children as young as seven years old from poor rural areas of
Sichuan province, populated largely by the Yi minority, to
work in factories in southeastern China. According to the
report, the children were sold in labor markets to factory
owners and forced to work 10 hours a day, seven days a week,
for as little as 30 cents per hour. These children were
found near Dongguan, where in total over 500 children from
Sichuan were discovered working in a factory in June 2007.
In October 2008, a Chinese blogger exposed publicly several
cases of child labor in Wuhan factories, and reported that
the factories had evaded detection by receiving advance
warning of pending labor inspections. Under the
government-sanctioned work-study programs, elementary schools
supplied factories and farms with forced child labor under
the pretext of vocational training. Students had no say in
the terms and conditions of their employment, and little to
no protection from abusive work practices. Conditions in
this program included excessive hours with mandatory
overtime, dangerous conditions, low pay, and involuntary pay
deductions. The Xinjiang provincial government forced
thousands of local students to labor through &work-study8
programs in order to meet yearly harvesting quotas. Overseas
human rights organizations alleged that government-sponsored
labor programs forced Uighur girls and young women to work in
factories in eastern China on false pretenses and without
regular wages. During the year, international media reported
over 300 children, many of them from Xinjiang, were laboring
in a shoe factory in eastern China as a part of a government
labor transfer program. The group included many Uighur
girls, whose families were reportedly coerced and in some
cases threatened by government officials to participate in
the program using fake or swapped identification cards
provided by the government. Additionally, authorities in
Xinjiang reportedly continued to impose forced labor on area
farmers in predominantly ethnic minority regions. In recent
years, organized criminal networks have become more
sophisticated at cheating and abducting migrant workers,
including abduction by anesthetizing the often unsupervised
children of migrant worker parents.
Experts believe that the number of Chinese trafficking
victims in Europe is growing dramatically, where large
informal economies create a &pull8 for exploitable labor.
While some Chinese enter Europe legally and overstay their
visas, others are smuggled in and work as domestic servants
and in underground sweatshops. Some trafficking victims are
exploited in the sex trade. Teenage girls from China are
STATE 00060447 003 OF 008
trafficked into the UK for prostitution, and Chinese children
are reportedly trafficked into Sweden by organized criminal
networks for forced begging elsewhere in Europe. In February
2009, seven Chinese sex trafficking victims were rescued in
Ghana, having been forced into prostitution by Chinese
traffickers who had promised them jobs as waitresses.
The Chinese government does not fully comply with the minimum
standards for the elimination of trafficking; however it is
making significant efforts to do so. Despite these efforts,
the Chinese government did not demonstrate progress in
combating human trafficking from the previous year,
particularly in terms of punishment of trafficking crimes and
the protection of Chinese and foreign victims of trafficking;
therefore, China is placed on Tier 2 Watch List. Forced
labor, especially forced child labor, remains a serious
problem in the country. Despite substantial resources,
during the reporting period, the government did not make
efforts to improve victim assistance programs. Protection of
domestic and foreign victims of trafficking remains
insufficient. Victims are sometimes punished for unlawful
acts that were a direct result of their being trafficked )
such as violations of prostitution or immigration/emigration
controls. The Chinese government continued to treat North
Korean trafficking victims as unlawful economic migrants, and
routinely deported them back to horrendous conditions in
North Korea. Additional challenges facing the Chinese
government include the enormous size of its trafficking
problem and corruption and complicity in trafficking by some
local government officials. Factors that continue to impede
progress in anti-trafficking efforts include tight controls
over civil society organizations, restricted access of
foreign anti-trafficking organizations and the government,s
systemic lack of transparency.
Recommendations for China: Revise anti-trafficking laws and
the National Plan of Action to criminalize and address all
forms of labor and sex trafficking in a manner consistent
with international standards; significantly improve efforts
to investigate and prosecute trafficking offenses and convict
and punish trafficking offenders, including public officials
complicit in trafficking; increase efforts to address labor
trafficking, including prosecuting and punishing recruiters
and employers who facilitate forced labor and debt bondage,
and provide protection services to victims of forced labor;
continue to increase cooperation with foreign governments on
cross-border trafficking cases; adopt proactive procedures to
identify victims of trafficking among vulnerable groups, such
as migrant workers and foreign women and children arrested
for prostitution; increase efforts to protect and
rehabilitate both sex and labor trafficking victims; provide
foreign victims with legal alternatives to removal to
countries in which they may face hardship or retribution;
conduct a campaign to reduce the demand for forced labor and
commercial sex acts; and adhere to its obligations as party
to the 1951 Refugee Convention and its 1967 Protocol,
including by not expelling North Koreans protected under
those treaties and by cooperating with UNHCR in the exercise
of its functions.
Prosecution
-----------
China,s domestic laws do not conform to international
standards on trafficking; China,s definition of trafficking
does not prohibit non-physical forms of coercion, fraud, debt
bondage, involuntary servitude, forced labor, or offenses
committed against male victims, although some aspects of
these crimes are addressed in other articles of China,s
criminal law. China,s legal definition of trafficking also
does not automatically regard minors over the age of 14 who
are subjected to the commercial sex trade as victims. While
Article 244 of China,s Criminal Code bans forced labor by
employers, the prescribed penalties of up to three years,
imprisonment or a fine under this law are not sufficiently
stringent. Additionally, Chinese law does not recognize
forms of coercion other than abduction as constituting a
means of trafficking. Based on China,s limited definition
of &trafficking,8 and the government,s conflation of human
smuggling and trafficking offenses, the Ministry of Public
Security (MPS) reported investigating 2,566 potential
trafficking cases in 2008. Law enforcement authorities
arrested and punished some traffickers, but a lack of
transparency and due process, as well as a paucity of
trafficking-specific law enforcement data inhibits an
accurate assessment of these efforts. Several foreign
governments reported a lack of cooperation by Chinese
authorities in transnational trafficking cases involving
foreign trafficking victims in China. During the year, the
government did not provide the United Nations with data on
STATE 00060447 004 OF 008
prosecutions, convictions, or sentences of traffickers.
Consequently, China was not among the 155 countries covered
by the UN,s Global Report on Human Trafficking released in
February 2009. Government efforts described as addressing
human trafficking were aimed at sex trafficking during the
reporting period. In November 2008, police in Fujian
province reportedly discovered a trafficking case involving
18 Vietnamese women who had been trafficked to Yunnan,
Guangxi and other provinces in China for marriage. Also in
Fujian, in December, police arrested 10 members of a criminal
gang accused of having trafficked 10 female sex workers to
men in isolated villages for approximately USD 800 to USD
1,200 each. In Guizhou Province, official media reported
that 29 defendants were convicted for trafficking more than
80 female victims for forced marriage, and the main defendant
was sentenced to death. According to official media, police
in Xinjiang Uighur Autonomous Region rescued 746 children
from trafficking gangs which had kidnapped and forced them
into pick-pocketing. The Xinjiang Public Security Bureau
reported that 177 suspects were arrested. Reported incidents
in 2008 involving forced and child labor reflect continuing
legal and administrative weaknesses in China,s
anti-trafficking enforcement. Subsequent to the April 2008
discovery of a massive child labor market in Southeast China,
the Dongguan local government claimed that it found no
evidence of large-scale child labor during its raids on over
3,600 work sites in two days. Nonetheless, raids led to the
rescue of at least 167 children, according to local police
sources. Despite the discovery of child laborers and
reports that some minors were raped by factory operators, the
government did not criminally or administratively prosecute
or convict any employers for any labor offenses. The
Guangdong provincial government subsequently denied earlier
reports and retracted police statements, claiming that police
had found only six underage workers, none of whom had been
raped or abducted. In a child labor case in Wuhan,
authorities announced a crackdown on child labor in
small-scale workshops in Wuhan, but there was no further
reporting on the story. There were continued reports of
local officials, complicity in trafficking, including by
providing advance warning of pending labor inspections and
brothel raids. The Chinese government has not demonstrated
concerted efforts to investigate, prosecute, and punish
government officials for complicity in human trafficking.
Protection
----------
China continued to lack adequate victim protection services
throughout most the country. There continued to be no
dedicated government assistance programs for victims of
trafficking. China has an inadequate number of shelters to
assist trafficking victims, and regularly returns trafficking
victims to their homes without access to counseling or
psychological care. Most of the existing shelters are
temporary, not exclusive to trafficking victims, and provide
little or no care to repatriated victims. Provincial
women,s federation offices provide counseling on legal
rights, rehabilitation, and other assistance to trafficking
victims. Local governments continue to rely on NGOs and
international organizations for technical and material
support to identify victims and provide victim protection
services. The government continues to obstruct the
independent operation of NGOs and international organizations
that provide assistance on trafficking issues. Trafficking
victims were generally repatriated involuntarily without any
rehabilitation assistance. There was no reported protection
or rehabilitation provided to the 167 children rescued from
factories near Dongguan. The government has not provided any
assistance to the Chinese sex trafficking victims identified
in Ghana, who face threats and retaliation from their
traffickers if they return to China. The Chinese government
continues to lack systematic procedures to identify
trafficking victims, including victims of sex trafficking,
among those it arrests for prostitution, in order to refer
them to organizations providing services and to ensure that
they are not inappropriately penalized for unlawful acts
committed as a result of being trafficked. The All-China
Women,s Federation (ACWF), a quasi-government entity,
reported that ongoing problems required intervention to
protect trafficking victims from unjust punishment. MPS
officials stated that repatriated victims of trafficking no
longer faced fines or other punishment upon their return, but
authorities acknowledged that Chinese and foreign victims
sometimes are sentenced or fined because of police
corruption, the lack of capacity to identify trafficking
victims, or provisions allowing for the imposition of fines
on persons traveling without proper documentation. Some
border officials are trained by MPS to identify potential
victims of trafficking. In October 2008, 200 Burmese women
STATE 00060447 005 OF 008
were arrested and jailed in China for immigration violations;
they had allegedly been smuggled into the country under the
pretext of finding work and were reportedly sold and forced
to marry Chinese men. Reports suggest that many of the women
were deported to Burma, while others were expected to serve
three-month prison sentences for violating Chinese
immigration laws. The Ministry of Civil Affairs began
working with the International Organization for Migration
(IOM) on an IOM-funded training module for the
identification, protection, and reintegration of trafficking
victims. The government does not provide foreign victims
with legal alternatives to removal to countries in which they
may face hardship or retribution. Some trafficking victims
have faced punishments in the form of fines for leaving China
without proper authorization
In the year leading up to the 2008 Beijing Summer Olympic
Games, Chinese authorities stepped up efforts to locate and
forcibly repatriate North Korean refugees in China )
including trafficking victims ---- in violation of their
commitments on the humane treatment of refugees under
international law. China continues to treat North Korean
trafficking victims solely as illegal economic migrants and
reportedly deports a few hundred of them each month to North
Korea, where they may face severe punishment. Chinese
authorities continue to limit the UN High Commissioner for
Refugees, (UNHCR) access to North Korean refugees in China.
The lack of access to UNHCR assistance and constant fear of
forced repatriation by Chinese authorities leaves North
Korean refugees more vulnerable to human traffickers.
Prevention
----------
China made some effort to prevent trafficking in persons
during the reporting period. In light of the size of
China,s trafficking problem, however, more needs to be done.
Targeted public awareness campaigns, run by the All-China
Women,s Federation (ACWF), continued to disseminate
information on trafficking prevention and focused on reaching
young female migrant workers. ACWF also continued to
identify model communities that protected women's rights,
offered legal and psychological assistance for victims of
domestic violence and trafficking, and made available
shelters for vulnerable women. Government agencies,
associations, and youth organizations continued to run
hotlines for victims of trafficking-related crimes, including
forced child labor. Hotlines for migrant workers whose
rights had been violated were also continued in 15 provinces.
Provincial governments in Yunnan, Sichuan, and Guangxi
continued their own prevention campaigns, including radio
broadcasts, brochures, performances, poster shows, and
targeted campaigns to spread the word among Chinese women of
the dangers of trafficking and how to avoid becoming a
victim. In Beijing, the government held an anti-trafficking
publicity campaign on International Women,s Day to raise
public awareness of human trafficking and to publicize
prevention measures. The national government has not
addressed two policies that may create vulnerabilities to
trafficking: the birth limitation policy that contributes to
a gender imbalance that some believe has led to bride
trafficking in the Chinese population, and the unevenly
implemented hukou (household registration) system that
controls the movements of internal migrants. During the
reporting period, China issued implementation guidelines for
its 2008 National Plan of Action to define roles and
responsibilities of relevant agencies, and provincial action
plans were developed in four provinces. The Ministry of
Public Security (MPS) held training courses for approximately
2,000 police officers in 10 provinces on anti-trafficking
measures, as well as training on combating cross-border
trafficking Police officers responsible for anti-trafficking
measures participated in anti-trafficking and victim
protection training courses overseas, and the MPS co-hosted
training sessions with counterparts in Vietnam and Burma.
The government did not take any noticeable measures during
the reporting period to reduce the demand for forced labor,
commercial sex acts, or child sex tourism. Chinese forces
participating in peacekeeping initiatives abroad have not
been implicated in trafficking while overseas, but did not
receive specific training on trafficking in persons prior to
deployment. China has not ratified the 2000 UN TIP Protocol.
¶9. Post may wish to deliver the following points, which offer
technical and legal background on the TIP Report process, to
the host government as a non-paper with the above TIP Report
country narrative:
(begin non-paper)
STATE 00060447 006 OF 008
-- The U.S. Congress, through its passage of the 2000
Trafficking Victims Protection Act, as amended (TVPA),
requires the Secretary of State to submit an annual Report to
Congress. The goal of this Report is to stimulate action and
create partnerships around the world in the fight against
modern-day slavery. The USG approach to combating human
trafficking follows the TVPA and the standards set forth in
the Protocol to Prevent, Suppress and Punish Trafficking in
Persons, Especially Women and Children, supplementing the
United Nations Convention against Transnational Organized
Crime (commonly known as the "Palermo Protocol"). The TVPA
and the Palermo Protocol recognize that this is a crime in
which the victims, labor or services (including in the "sex
industry") are obtained or maintained through force, fraud,
or coercion, whether overt or through psychological
manipulation. While much attention has focused on
international flows, both the TVPA and the Palermo Protocol
focus on the exploitation of the victim, and do not require a
showing that the victim was moved.
-- Recent amendments to the TVPA removed the requirement that
only countries with a "significant number" of trafficking
victims be included in the Report. Beginning with the 2009
TIP Report, countries determined to be a country of origin,
transit, or destination for victims of severe forms of
trafficking are included in the Report and assigned to one of
three tiers. Countries assessed as meeting the "minimum
standards for the elimination of severe forms of trafficking"
set forth in the TVPA are classified as Tier 1. Countries
assessed as not fully complying with the minimum standards,
but making significant efforts to meet those minimum
standards are classified as Tier 2. Countries assessed as
neither complying with the minimum standards nor making
significant efforts to do so are classified as Tier 3.
-- The TVPA also requires the Secretary of State to provide a
"Special Watch List" to Congress later in the year.
Anti-trafficking efforts of the countries on this list are to
be evaluated again in an Interim Assessment that the
Secretary of State must provide to Congress by February 1 of
each year. Countries are included on the "Special Watch
List" if they move up in "tier" rankings in the annual TIP
Report -- from 3 to 2 or from 2 to 1 ) or if they have been
placed on the Tier 2 Watch List.
-- Tier 2 Watch List consists of Tier 2 countries determined:
(1) not to have made "increasing efforts" to combat human
trafficking over the past year; (2) to be making significant
efforts based on commitments of anti-trafficking reforms over
the next year, or (3) to have a very significant number of
trafficking victims or a significantly increasing victim
population. As indicated in reftel B, the TVPRA of 2008
contains a provision requiring that a country that has been
included on Tier 2 Watch List for two consecutive years after
the date of enactment of the TVPRA of 2008 be ranked as Tier
¶3. Thus, any automatic downgrade to Tier 3 pursuant to this
provision would take place, at the earliest, in the 2011 TIP
Report (i.e., a country would have to be ranked Tier 2 Watch
List in the 2009 and 2010 Reports before being subject to
Tier 3 in the 2011 Report). The new law allows for a waiver
of this provision for up to two additional years upon a
determination by the President that the country has developed
and devoted sufficient resources to a written plan to make
significant efforts to bring itself into compliance with the
minimum standards.
-- Countries classified as Tier 3 may be subject to statutory
restrictions for the subsequent fiscal year on
non-humanitarian and non-trade-related foreign assistance
and, in some circumstances, withholding of funding for
participation by government officials or employees in
educational and cultural exchange programs. In addition,
the President could instruct the U.S. executive directors to
international financial institutions to oppose loans or other
utilization of funds (other than for humanitarian,
trade-related or certain types of development assistance)
with respect to countries on Tier 3. Countries classified as
Tier 3 that take strong action within 90 days of the Report's
release to show significant efforts against trafficking in
persons, and thereby warrant a reassessment of their Tier
classification, would avoid such sanctions. Guidelines for
such actions are in the DOS-crafted action plans to be shared
by Posts with host governments.
-- The 2009 TIP Report, issuing as it does in the midst of
the global financial crisis, highlights high levels of
trafficking for forced labor in many parts of the world and
systemic contributing factors to this phenomenon: fraudulent
recruitment practices and excessive recruiting fees in
STATE 00060447 007 OF 008
workers, home countries; the lack of adequate labor
protections in both sending and receiving countries; and the
flawed design of some destination countries, "sponsorship
systems" that do not give foreign workers adequate legal
recourse when faced with conditions of forced labor. As the
May 2009 ILO Global Report on Forced Labor concluded, forced
labor victims suffer approximately $20 billion in losses, and
traffickers, profits are estimated at $31 billion. The
current global financial crisis threatens to increase the
number of victims of forced labor and increase the associated
"cost of coercion. "
-- The text of the TVPA and amendments can be found on
website www.state.gov/g/tip.
-- On June 16, 2009, the Secretary of State will release the
ninth annual TIP Report in a public event at the State
Department. We are providing you an advance copy of your
country's narrative in that report. Please keep this
information embargoed until 10:00 am Washington DC time June
¶16. The State Department will also hold a general briefing
for officials of foreign embassies in Washington DC on June
17 at 3:30 pm EDT.
(end non-paper)
¶10. Posts should make sure that the relevant country
narrative is readily available on or though the Mission's web
page in English and appropriate local language(s) as soon as
possible after the TIP Report is released. Funding for
translation costs will be handled as it was for the Human
Rights Report. Posts needing financial assistance for
translation costs should contact their regional bureau,s EX
office.
¶11. The following is press guidance provided for Post to use
with local media.
Q1: Why was China again given a ranking of Tier 2 Watch List?
A: The Chinese government does not fully comply with the
minimum standards for the elimination of trafficking; however
it is making significant efforts to do so. Despite these
significant efforts, the Chinese government did not
demonstrate progress in its efforts to combat human
trafficking from the previous year, particularly in terms of
punishment of trafficking crimes and the protection of
Chinese and foreign victims of trafficking; therefore, China
is placed on Tier 2 Watch List for a sixth consecutive year.
Forced labor, especially forced child labor, remains a
serious problem in the country. Despite substantial
resources, during the reporting period, the government did
not make efforts to improve victim assistance programs.
Protection for domestic and foreign victims of trafficking
remains insufficient. Victims are sometimes punished for
unlawful acts that were a direct result of their being
trafficked ) such as violations of prostitution or
immigration/emigration controls. The Chinese government
continued to treat North Korean trafficking victims as
unlawful economic migrants, and routinely deporting them back
to horrendous conditions in North Korea. Additional
challenges facing the PRC government include the enormous
size of its trafficking problem and the significant level of
corruption and complicity in trafficking by some local
government officials.
Q2: What progress has China made in the past year?
A: The All-China Women,s Federation (ACWF) continued to
disseminate information on trafficking prevention and focused
on reaching young female migrant workers. Government
agencies, associations, and youth organizations continued to
run hotlines for victims of trafficking-related crimes,
including forced child labor. During the reporting period,
China issued implementation guidelines for its 2008 National
Plan of Action to define roles and responsibilities of
relevant agencies, and provincial action plans were developed
in four provinces. The Ministry of Public Security (MPS)
held training courses for approximately 2,000 police officers
in ten provinces on anti-trafficking measures, as well as
training on combating cross-border trafficking.
Nevertheless, In light of the size of China,s trafficking
problem, however, more needs to be done.
Q3: Have there been instances of trafficking in persons
associated with the 2008 Beijing Summer Olympic Games?
A: In the year leading up to the 2008 Beijing Summer Olympic
Games, Chinese authorities stepped up efforts to locate and
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forcibly repatriate North Korean refugees in China )
including trafficking victims -- in violation of their
commitments on the humane treatment of refugees under
international law. China continues to treat North Korean
trafficking victims solely as illegal economic migrants and
reportedly deports a few hundred of them each month to North
Korea, where they may face severe punishment. Chinese
authorities continue to limit the UN High Commissioner for
Refugees, (UNHCR) access to North Korean refugees in China.
The lack of access to UNHCR assistance and constant fear of
forced repatriation by Chinese authorities leaves North
Korean refugees more vulnerable to human traffickers. The
2008 Trafficking in Persons Report also noted a Chinese
factory licensed to produce products bearing the 2008
Olympics logo that admitted to employing children as young as
12 years old who were required to work 15 hours a day for
little pay. There were no individuals reported prosecuted in
that case of child labor.
Q4: What efforts could China make to improve its fight
against trafficking in persons?
A: The Government of China could: revise anti-trafficking
laws and the National Plan of Action to criminalize and
address all forms of labor and sex trafficking in a manner
consistent with international standards; significantly
improve efforts to investigate and prosecute trafficking
offenses and convict and punish trafficking offenders,
including public officials complicit in trafficking; increase
efforts to address labor trafficking, including prosecuting
and punishing recruiters and employers who facilitate forced
labor and debt bondage, and provide protection services to
victims of forced labor; increase cooperation with foreign
governments on cross-border trafficking cases adopt proactive
procedures to identify victims of trafficking among
vulnerable groups, such as migrant workers and foreign women
and children arrested for prostitution; increase efforts to
protect and rehabilitate both sex and labor trafficking
victims; provide foreign victims with legal alternatives to
removal to countries in which they may face hardship or
retribution; conduct a campaign to reduce the demand for
forced labor and commercial sex acts; and adhere to its
obligations as party to the 1951 Refugee Convention and its
1967 Protocol, including by not expelling North Koreans
protected under those treaties and by cooperating with UNHCR
in the exercise of its functions.
¶12. The Department appreciates posts, assistance with the
preceding action requests.
CLINTON