VZCZCXRO4190
OO RUEHCN RUEHGH RUEHVC
DE RUEHBJ #3214/01 3351549
ZNR UUUUU ZZH
O 011549Z DEC 09
FM AMEMBASSY BEIJING
TO RUEHC/SECSTATE WASHDC IMMEDIATE 7007
INFO RUEHOO/CHINA POSTS COLLECTIVE IMMEDIATE

UNCLAS SECTION 01 OF 04 BEIJING 003214 
 
SIPDIS 
 
EAP/CM SPATCH; EAP/RSP; G/TIP 
 
E.O. 12958: N/A 
TAGS: PGOV PHUM SMIG KTIP KCRM KWMN CH
SUBJECT: CHINA TIP INTERIM ASSESSMENT 2009 
 
REF: STATE 111958 
 
 ¶1. (U) China has made progress since April 2009 in combating 
human trafficking.  The Chinese government is implementing 
the National Plan of Action (NPA) on Combating Trafficking in 
Women and Children (2008-2012) and has issued regulations and 
directives to strengthen its response to sex trafficking and 
labor trafficking.  China declared its intention to ratify 
the UN Protocol to Prevent, Suppress and Punish Trafficking 
in Persons, but has yet to finish the comprehensive review of 
China's laws and regulations required by the Protocol.  China 
improved efforts to investigate and prosecute trafficking 
offenses and punished trafficking offenders.  China has 
increased efforts to address labor trafficking, but serious 
problems remain.  Chinese officials worked with 
non-government organizations (NGOs) and international experts 
to boost its efforts in the areas of prevention, protection, 
rehabilitation and reintegration of trafficking victims into 
society.  China is working to standardize guidelines for 
identification of trafficking victims and to offer 
comprehensive victim protection services, although guidelines 
and programs remain in the development phase.  China 
continues to consider all North Koreans "economic migrants" 
rather than refugees.  End Summary. 
 
Revising Laws and Regulations to Address Trafficking 
--------------------------------------------- ------- 
 
¶2. (U) China in 2009 augmented efforts to implement the 
National Plan of Action (NPA) and issued new rules and 
regulations to strengthen and standardize China's response to 
sex trafficking and labor trafficking nationwide.  The 
Ministry of Public Security (MPS) and 29 government 
departments and agencies in 2009 jointly issued NPA 
implementation guidelines to restructure government 
counter-trafficking work.  Government inter-ministerial 
meetings were held and additional guidelines were issued 
throughout the year to better coordinate intra-government 
efforts and to strengthen counter-trafficking and victim 
protection regulations.  The Supreme People's Court (SPC) in 
March issued prosecutorial guidelines for human trafficking 
cases.  Government officials together with international 
non-government organizations (NGOs) co-hosted several 
workshops on bridging Chinese anti-trafficking laws with the 
UN's Palermo Protocol in order to prepare for China's 
accession to the protocol and to make recommendations to 
Chinese lawmakers.  Law workshops also were held at the local 
level; according to the Yunnan Public Security Bureau (PSB), 
new local laws and regulations are being proposed to 
strengthen prosecution of traffickers and the buyers of 
trafficking victims. 
 
¶3. (U) Members of the National People's Congress (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.  Chinese legal experts describe the differences between 
Chinese domestic law and the Palermo Protocol as "minor and 
technical."  Chinese legislative officials indicate "little 
problem" with China accepting the Palermo definition of a 
minor to be under 18 years of age because Chinese domestic 
law already acknowledges children as being under 18.  There 
is a clear need for forced labor and trafficking to be 
specifically addressed in criminal law in order to protect 
victims and ensure sufficient penalties.  While Chinese law 
allows for the prosecution and punishment of recruiters and 
employers who facilitate forced labor and bondage, 
commentators suggest that the punishment should be made more 
harsh.  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. 
 
Efforts to Investigate, Prosecute and Punish Offenses 
--------------------------------------------- -------- 
 
¶4. (U) China in 2009 significantly increased and improved 
efforts to investigate and prosecute trafficking offenses and 
convict and punish trafficking offenders.  Public officials 
complicit in trafficking were punished, although further 
official complicity almost certainly remains.  The central 
government in 2009 changed local security officials' 
promotion criteria to include counter-trafficking work and 
instructed public security bureaus nationwide to immediately 
investigate missing child cases as criminal cases.  China PSB 
authorities from April to December 2009 carried out a 
nationwide campaign to crackdown on trafficking in women and 
children.  As of October 28, public security organs 
reportedly solved 4420 trafficking cases, eliminated 982 
criminal gangs, detained 6214 criminals, captured 1358 
fugitives, and rescued 2169 abducted children and 3851 women. 
 This represented a dramatic increase from security bureaus' 
 
BEIJING 00003214  002 OF 004 
 
 
counter-trafficking activity in 2008. 
 
¶5. (U) Prosecution and conviction of trafficking offenders 
also increased significantly in 2009, mostly focused on cases 
involving trafficking of women and children.  In 2009, China 
issued Class A arrest warrants for trafficking offenders and 
by October had successfully arrested 18 of China's 20 
most-wanted human traffickers.  These suspects were awaiting 
prosecution at time of publication.  China was also beginning 
to go after criminal networks and organized crime syndicates 
involved in trafficking. 
 
¶6. (U) There were several reports documenting the conviction 
and punishment of public officials complicit in trafficking. 
Most notable were the arrests and prosecutions of a legal 
affairs official, county legislator, head of the county 
migration office, and a social security official in Guizhou 
province; and the detention of 18 persons, including two 
local government officials, now facing multiple charges of 
sexual assault of a minor after allegedly raping and forcing 
underage girls into prostitution in Anxi county, Fujian 
province. 
 
Labor Trafficking 
----------------- 
 
¶7. (U) China has increased efforts to address labor 
trafficking and has had modest success in protecting victims, 
but serious problems still exist.  China's seriousness in 
addressing trafficking for labor exploitation has been 
demonstrated in crackdowns in Shanxi brick kilns and other 
anecdotal cases, according to international labor experts. 
Nine government ministries and labor entities in 2009 
launched a nationwide campaign to combat illegal employment 
in small and medium-sized labor intensive factories located 
in suburban and rural areas, especially small-scale brick 
workshops and mines.  Forced labor and international labor 
conventions were openly discussed at technical consultations 
with international experts on China's proposed ratification 
of the Palermo Protocol.  The Dongguan (Guangdong province) 
Labor Administration Bureau blacklisted ten employers for not 
paying wages to workers forced to work; at least one of these 
employers was found to have employed child labor.  The All 
China Women's Federation plans to continue for an additional 
three years its "Spring Rain" project with the International 
Labor Organization (ILO) to address women and child migrant 
trafficking. 
 
¶8. (U) China's efforts to address labor trafficking are far 
more significant where children are the trafficking victims. 
Reliable statistics on the prevalence of child labor are not 
available, but the government acknowledges there is a problem 
and admits that it is relatively prevalent in certain 
industries, including manufacturing.  The central government 
issued a document clarifying government agency 
responsibilities in combating child labor and imposed 
obligations on government officials as part of an enlarged 
effort to combat child trafficking.  In August, five 
ministries on China's State Council launched a campaign 
against the rising occurrence of minors being trafficked to 
beg or commit crimes.  China in April worked with Costa Rican 
authorities to break up and arrest members of an 
international human smuggling ring that was trafficking 
Chinese children to Costa Rica for forced labor. 
 
Cooperation with Foreign Governments 
------------------------------------ 
 
¶9. (U) China in 2009 increased cooperation with foreign 
governments, including the United States government, on 
cross-border trafficking cases.  In addition to taking part 
in the United Nations Coordinated Mekong Ministerial 
Initiative against Trafficking (COMMIT) process with 
Cambodia, Laos, Burma, Thailand and Vietnam at the central 
government level, Chinese provincial-level officials also 
have increased counter-trafficking and victim protection 
activities with bordering countries.  Mongolian government 
and non-government officials report in the last year having 
"unprecedented" counter-trafficking cooperation with Chinese 
public security officials in Erlian (Erenhot) and Macau, and 
increasing cooperation in Hong Kong and Shenzhen, all primary 
destination cities for trafficked Mongolian women.  The 
Vietnamese Consul General in Nanning, Guangxi province, said 
that his consulate had "excellent" relations with Guangxi 
public security officials and that both sides routinely 
shared TIP leads.  China in 2009 continued bilateral 
counter-trafficking information sharing and cooperation with 
Japan, Vietnam, Thailand, Laos and Burma; worked with 
Thailand, Burma, Malaysia and Vietnam on victim repatriation; 
held joint capacity training workshops for border liaison 
offices and signed an MOU with Burma to improve victim 
 
BEIJING 00003214  003 OF 004 
 
 
protection, recovery, repatriation and reintegration; and 
signed an agreement on judicial cooperation with Taiwan with 
a special focus on kidnapping and human trafficking.  MPS has 
asked Post for increased information sharing and exchange on 
TIP cases with U.S. law enforcement officials, sent Chinese 
public security officials to attend U.S. counter-trafficking 
training programs, and expressed a desire for U.S.-approved 
training on best practices for counter-trafficking, victim 
identification, repatriation and reintegration activities. 
 
Identifying, Protecting, and Rehabilitating Victims 
--------------------------------------------- ------ 
 
¶10. (U) China in 2009 worked to increase its capacity to 
identify victims of trafficking among vulnerable groups.  In 
provinces where human trafficking is more prevalent, there 
were reports of Chinese officials conducting screening and 
providing victim protection services.  NGOs along the 
southern border reported improvements in Chinese official 
rescue and rehabilitation support to trafficking victims; 
however, these efforts need to be further strengthened and 
standardized nationwide.  Victim identification is 
challenging and requires training.  Central government 
officials together with non-government officials participated 
in several training conferences on identifying and protecting 
victims of trafficking.  During at least two of these 
conferences, Chinese officials together with international 
experts jointly made presentations on victim identification, 
repatriation and reintegration, and Chinese officials spoke 
on the importance of standardizing guidelines for identifying 
trafficking victims.  At the local level, Yunnan province 
officials and relief center staff, and local civil affairs 
authorities in September held a workshop with international 
experts on shelter guidelines for victims of trafficking and 
improving victim identification and protection in relief 
centers.  China held training workshops for border liaison 
offices with Burma to increase Chinese and Burmese police 
force capacity to identify and safeguard the rights and 
interests of victims being trafficked across the border. 
During the workshop, international experts trained border 
forces on victim identification, protection, recovery, 
repatriation and reintegration. 
 
¶11. (U) China in 2009 worked to address deficiencies in its 
provision of comprehensive victim protection and 
rehabilitation services, although more work needs to be done. 
 China's ability to protect and rehabilitate victims of 
trafficking is greater in areas where TIP is prevalent, such 
as in Yunnan province, where victims are known to receive 
medical care, socio-psychological support, and vocational and 
other training.  International organizations and NGOs 
reported a marked increase in Chinese officials' interest in 
and receptivity toward acquiring best practices in victim 
identification, protection, and rehabilitation; this is 
important because Chinese officials previously lacked 
knowledge and expertise in these issues.  Officials are 
focused on protecting and rehabilitating sex trafficking 
victims; however, labor trafficking victims -- notably 
children trafficked for labor purposes -- are also 
considered.  The Ministry of Civil Affairs began training 
managers of China's more than 1300 relief centers on victim 
identification, protection, recovery and reintegration. 
Throughout 2009, key government entities concerned with 
counter-trafficking worked together with international 
experts, and non-governmental organizations attended numerous 
training and capacity-building workshops on protecting and 
rehabilitating victims of trafficking.  At the workshops 
attended by Embassy staff, training content specifically 
covered forced labor and sex trafficking victims. 
 
Legal Alternatives to Repatriation 
---------------------------------- 
 
¶12. (U) Although China provides temporary shelter and 
assistance to foreign victims of trafficking, there continue 
to be 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 in Yunnan and Guangxi provinces to facilitate 
repatriation of victims.  Government officials in 2009 
participated in several training workshops on best practices 
for victim identification, protection and repatriation, where 
government and non-government officials together with 
international experts discussed the technicalities and 
importance of providing foreign victims with legal 
alternatives to forced repatriation. 
 
Reducing Demand for Forced Labor and Commercial Sex Acts 
--------------------------------------------- ----------- 
 
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¶13. (U) China in 2009 conducted campaigns to combat both 
forced labor and prostitution.  Nine government ministries 
and labor industries launched a nationwide campaign to combat 
illegal employment in small and medium-sized labor intensive 
factories located in suburban and rural areas, especially 
small-scale brick workshops and mines.  The central 
government launched a nationwide crackdown on prostitution 
targeting individuals or groups who force, tempt, permit or 
introduce women to prostitution; operators of entertainment 
venues that permit or introduce prostitution; and anyone who 
conducts illegal activities with minors.  From July through 
August, police solved 5572 cases of organizing, forcing, 
luring, harboring, and introducing women into prostitution; 
8257 suspects were detained.  There is evidence of local 
campaigns to reduce the demand for forced child labor and 
commercial sexual acts. 
 
Adhering to Refugee Convention Obligations 
------------------------------------------ 
 
¶14. (U) Post has seen no substantial evidence to date 
indicating a change from 2008 in China's unwillingness to 
adhere to its obligations under the 1951 Refugee Convention 
and the 1967 Protocol.  China appears to continue to treat 
North Korean trafficking victims as unlawful economic 
migrants. 
 
HUNTSMAN