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Combating Human Trafficking

  • Date:
  • Source:Anti-Human Trafficking Section
  • Hit:2990
Introduction
The 4 “Ps” paradigm- Prosecution, Protection, Prevention, and Partnership—is the fundamental framework used by Taiwan to combat human trafficking. It encompasses crime prevention, strengthening victim protection and improving prosecution efforts, collaborating with the private sector to enhance government capacity, and strengthening international cooperation.
This effective and comprehensive anti-trafficking response helped R.O.C.(Taiwan) remain recognized as a Tier 1 country in the United States' Annual Trafficking in Persons Report for the 14th consecutive year, on June 16, 2023.
In view of the fact that human trafficking is internationally recognized as a heinous and serious violation of human rights, and that many Taiwanese citizens were confined and forced into criminal activities after being deceived to travel abroad in 2022, there is a need to expand penalties.
Therefore, the NIA has referred to the relevant regulations stipulated in the “United Nations Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children” and the “Directive 2011/36/EU of the European Parliament and of the Council of 5 April 2011 on preventing and combating trafficking in human beings and protecting its victims, and replacing Council Framework Decision 2002/629/JHA” for a comprehensive revision to the “Human trafficking Prevention Act.” The amended “Human trafficking Prevention Act” was promulgated by the President on June 14, 2023 to strengthen the protection of trafficking victims’ rights in Taiwan.Policies and Achievements
1. Policy
(1) The Executive Yuan promulgated the Human Trafficking Prevention Action Plan in November 2006, and established an Executive Yuan board to coordinate anti-trafficking efforts in February 2007. This board was later renamed the "Executive Yuan Coordination Committee on Prevention of Human Trafficking and Elimination of Racial Discrimination" (referred to as the "Coordination Committee" from May 8, 2010 onwards), with the National Immigration Agency (NIA) serving as the coordination secretariat.

(2) In 2022, there were numerous cases of R.O.C. nationals who were deceived into working overseas and became victims of human trafficking. To enhance the protection of the rights and interests of these victims upon their return to the country, the NIA collaborated with the Ministry of Health and Welfare, the Ministry of Justice, the National Police Agency, the Association for Victims Support, the Legal Aid Foundation, and other relevant agencies. Together, they formulated the "Guidelines on the Protection of R.O.C. Nationals who were Trafficked or Forced into Criminal Activity Overseas" on September 15th of the same year. These guidelines aimed to provide the victims with referral services, resettlement protection, accompanied interrogation and financial assistance.

(3)The amended “Human trafficking Prevention Act” promulgated by the President on June 14, 2023 is the most significant amendment in 14 years after the Act came into effect on June 1st, 2009. The main points of this amendment include the addition of clauses to combat new patterns of trafficking such as compelling victims to commit crimes, and the imposition of harsher statutory penalties such as life imprisonment for committing organ harvesting that results in the death of the victim. In addition, if employers use methods such as "withholding important identification documents" to compel workers to continue working in poor work environment, they will be sentenced to up to 3 years in prison. All these new measures aim to deter and severely punish human trafficking crimes.
The amendment to the “Human trafficking Prevention Act” took effect on January 1, 2024, and the five regulatory orders authorized by the amendment came into force simultaneously, including “Assistance Measures for Regulations for the Assistance of Victims or Suspected Victims of Human Trafficking,” “Regulations Governing the Placement and Service of Victims and Suspected Victims of Human Trafficking,” “Regulations Governing Subsidy for Victims of Human Trafficking,” “Regulations Governing the Residency, and the ad hoc Permanent Residency for Human Trafficking Victims,” and “Enforcement Rules of the Human Trafficking Prevention Act”. These regulatory orders play a significant role in advancing efforts to prevent human trafficking and protect victims.

(4)Regarding the protection of the rights of fishers raised by both foreign and domestic NGOs, on May 20, 2022, the Executive Yuan approved the Action Plan on Human Rights and Fishery Industry, which is to be implemented by the Ministry of Labor, the Ministry of the Interior, the Ocean Affairs Council, the Ministry of Agriculture and the Ministry of Justice, with the aim to promote human rights and labor rights in the fishery industry, to improve our national image and to achieve sustainable industry development. The action plan was revised and reapproved in July 2023, with an increase in project funding to NT$1,030,167,000.

2. Progress
In order to strengthen the efforts of various central government agencies in preventing human trafficking, and to continuously integrate and coordinate the resources and capabilities from ministries to ensure the protection of human rights, the 2023-2024 Anti-Exploitation Action Plan was promulgated in April 2023, which consists of 19 issues related to human trafficking as well as 81 correspondent specific measures. During the same time, the EY instructed The Ministry of Agriculture to present the Action Plan on Human Rights and Fishery Industry, which integrates the Cooperative Mechanism for Strengthening Combat against Human Trafficking at Sea drafted by the Ministry of the Interior. The NIA remains dedicated to combating human trafficking and will continue its efforts in the coming years.

3. Achievements
(1) Strengthening the prosecution of TIP perpetrators: From January to October 2023, the law enforcement agencies have referred 125 cases of suspected trafficking crimes—55 cases of alleged labor trafficking、67 cases of alleged sex trafficking and 3 case of removal of organs. During the same period, the Prosecutors’ Offices prosecuted 192 TIP cases with 334 defendants. The number of persons convicted by the courts in human trafficking-related cases was 50.

(2) Strengthening the protection of victims
From January to October 2023, in collaboration with civil society partners, the NIA, the Ministry of Health and Welfare and the Ministry of Labor referred 118 victims (including 98 foreign persons and 20 R.O.C. nationals) to shelters where they received comprehensive care, including life assistance, medical and psychological services, legal counseling, accompanying service during the process of investigation, language interpretation and the related services.

(3)Increasing the awareness of human trafficking and prevention
a. Disseminate the concept of anti-human trafficking through multiple channels: In order to raise nationals' awareness on human trafficking as well as to enhance foreigners' understanding of their rights, the NIA took several initiatives to prevent human trafficking in 2022. The NIA developed promotional materials aimed at raising awareness about human trafficking, which were distributed to its subordinate units and NGOs for public outreach. The NIA also displayed posters at 12 Taiwan High Speed Rail service stations, and made the video titled "The End of Bad Wolves" available for streaming on the smart panels of the Taipei City Public Transportation Office and community bulletin boards.
In addition, in support of the significant amendments to the "Human Trafficking Prevention Act" in 2023, the NIA has established a dedicated section titled "Amendments to the Human Trafficking Prevention Act" on the NIA's official website, and produced promotional materials, including a video titled "Evil Wolves and Retribution," five kinds of anti-human trafficking posters, and four kinds of informational cards.

b. Training: To enhance public sector personnel’s understanding of anti-human trafficking, each department is required to incorporate relevant courses on anti-human trafficking into their professional trainings. For example, the NIA provides at least one seminar open to both public and private sectors annually. In 2023, two training sessions on the topic of Combating Human Trafficking and Online Gender-Based Violence were held on November 1 and November 10 with 169 attendees. Additionally, the NIA held the “Roundtable Forum – 2nd Training Program for Seed Instructors on Anti-Human Trafficking” on December 24 with 20 attendees.

(4)Strengthening international cooperation
a. The 2023 International Workshop on Strategies for Combating Human Trafficking took place both in-person and through teleconference on September 6 to 7, 2023. Officials, experts, scholars and NGOs from the United States, South Korea, the United Kingdom, Belgium, Indonesia, Japan, Vietnam, and other countries were invited to take part in discussions on the topics of “the Emerging Forms and Trends of Human Trafficking,” “Human Trafficking and Fraud: Current Situation, Challenges and Countermeasures,” “Anti-Trafficking Strategies for Vulnerable Populations: Improving the Rights and Interests of Migrant Domestic Workers and Foreign Crew Members,” as well as “Risks and Prevention of Foreign Students in Human Trafficking.” This workshop facilitated international collaboration and contributed to enhancing each country's efforts in combating human trafficking.

b. From 2011 to December 2022, R.O.C.(Taiwan) has signed Agreements or Memorandum of Understanding with 22 countries, focusing on cooperation in immigration affairs and human trafficking prevention.

c. The NIA has actively engaged with its international partners through a series of visiting activities and seminars, reinforcing its commitment to collaborative efforts within the international community.

Conclusion
(1) The amended “Human Trafficking Prevention Act” and its related regulations came into effect on January 1, 2024, aiming to effectively combat the crime and to strengthen the protection of victims’ rights. There are four regulations specifically stipulating measures related to victims’ rights to ensure that the government provides more comprehensive care to victims to help them quickly return to normal life and face the future in a positive manner. This approach embodies the spirit of social safety net proposed by the President – providing assistance to those in need.

(2) It takes collaboration between the private sector, civil society partners, and government agencies to combat human trafficking. The government of Taiwan remains committed to bolstering its efforts to combat human trafficking to uphold the spirit that Taiwan is a nation founded upon the principles of human rights.

(3)To promote a comprehensive understanding of the amendments to the “Human Trafficking Prevention Act,” the NIA has established the “Amendments to the Human Trafficking Prevention Act” section under the "Preventing Human Trafficking" pathway on the official website for public perusal (URL: https://www.immigration.gov.tw/5385/7445/7535/356458/).
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