TAIWAN (Tier 1) and Psychological Counseling Services to Approximately 30 Female Trafficking Victims in 2009
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Protection a domestic worker. In addition, they require employment During the year, the government made modest progress contracts be issued by the Ministry of Interior and in protecting trafficking victims, while demonstrating contain standardized regulations regarding the provision improved partnerships with NGOs and international of monthly paychecks, clothing, food, medicine, living TAIWAN organizations to identify and provide services to quarters, and time off. Beyond prosecuting clients and victimized women and children. As it did in Damascus brothel proprietors, the government took no specific during the previous reporting period, the government actions to reduce the demand for commercial sex acts. donated building space for a trafficking victims’ shelter Syria is not a party to the 2000 UN TIP Protocol. in Aleppo, which opened in January 2010. These two shelters, operated by local NGOs, offered legal, medical, TAIWAN (Tier 1) and psychological counseling services to approximately 30 female trafficking victims in 2009. The government Taiwan is a destination, and to a much lesser extent, continued to lack procedures for identifying potential source and transit territory for men, women, and children victims among vulnerable populations; as a result, subjected to trafficking in persons, specifically forced victims of trafficking may have been arrested and prostitution and forced labor. Most trafficking victims in charged with prostitution or violating immigration laws Taiwan are workers from Vietnam, Thailand, Indonesia, before being deported or punished. There were reports, and the Philippines, employed through recruitment however, that some women arrested on such charges agencies and brokers to perform low-skilled work in and subsequently identified as victims of trafficking Taiwan’s manufacturing industries and as home caregivers were referred to shelters; this is a positive development. and domestic workers. Many of these workers fall In 2009, for example, the Ministry of Social Affairs victim to labor trafficking by unscrupulous brokers and and Labor referred 21 Asian labor trafficking victims employers, who force workers to perform work outside to the shelter in Damascus. Despite this, referral of the scope of their contract and often under exploitative victims to shelters remained ad hoc and inconsistent, at conditions. Some employers of domestic workers and times requiring lobbying from NGOs or international home caregivers forbid their employees from leaving their organizations to secure their release from detention residences, except on days off, making them extremely centers. In limited cases, immigration authorities worked vulnerable to labor trafficking and other abuses and with foreign embassies, international organizations, unable to seek help. Some women and girls from the and NGOs to establish the identity and citizenship of China and Southeast Asian countries are lured to Taiwan victims and provide needed assistance. The government through fraudulent marriages and deceptive employment did not encourage victims to assist in investigations or offers for purposes of commercial sexual exploitation prosecutions of their traffickers and did not provide and forced labor. Migrant workers are reportedly charged foreign victims with legal alternatives to their removal to up to $7,700 in recruitment fees typically in their home countries in which they may face hardship or retribution. countries, resulting in substantial debt that may be used by brokers or employers as a coercive tool to subject Prevention the workers to forced labor. Labor brokers often assist During the past year, the government made modest efforts employers to forcibly deport “problematic” employees, to prevent trafficking. It did not conduct any campaigns to thus allowing the broker to fill the empty quota with a educate government officials or the general public about new foreign worker who must pay brokerage fees, which trafficking. In early 2010, the government began drafting may be used to maintain them in a situation of forced a national plan of action against trafficking. In March labor. Brokers used threats and the confiscation of travel 2009 and in partnership with IOM, the Ministry of Social documents as a means to control workers. Some women Affairs and Labor co-hosted a conference on preventing from Taiwan are recruited through classified ads to travel the exploitation of and providing protective services to Japan, Australia, the UK, and the United States for to abused domestic workers. In 2009, the government employment, where they are forced into prostitution. monitored public and private-sector industries through Taiwan is a transit territory for Chinese citizens who enter surprise inspections to ensure no children under the age the United States illegally and may become victims of of 15 were employed, but did not release statistics on the debt bondage and forced prostitution in the United States. results of these inspections. While the work of domestic servants is not covered under Syria’s labor law, newly Taiwan authorities fully comply with the minimum promulgated Decree 27 of March 2009 and Decree 108 of standards for the elimination of trafficking. During December 2009 provide stricter regulations concerning the reporting period, Taiwan authorities identified 329 domestic worker recruitment agencies and guidelines trafficking victims and provided victims with work for employment contracts; enforcement of these decrees permits, allowing them to earn income while assisting could prevent forced labor. These decrees allow the in the prosecution of their traffickers. Authorities also Prime Minister’s Office to revoke an agency’s license if it: conducted training for law enforcement officials on fails to repatriate domestic workers at its own expense; victim identification and protection, and partnered with imports domestic workers under the age of 18 or under NGOs and foreign governments to improve their response false pretenses; or physically abuses, tortures, or exploits to human trafficking on the island. Taiwan’s efforts to 314 prosecute offenders of both sex and labor trafficking to trafficking, and allegations some legislators attempted TAIWAN should be improved. Authorities should continue to train to influence local Bureau of Labor Affairs’ mediation law enforcement officials, prosecutors, and judges on sessions between employers and migrant workers to the 2009 anti-trafficking law and make robust efforts to the employer’s favor. Authorities did not investigate or investigate, prosecute, and convict both sex and labor prosecute any officials for trafficking-related corruption trafficking under this law. during the reporting period. Recommendations for Taiwan: Extend labor protections Protection to all categories of workers including workers in the domestic service sector and caregivers to prevent labor During the reporting period, authorities greatly improved trafficking; continue efforts to investigate, prosecute, and efforts to identify and protect victims of trafficking. convict trafficking offenders using the anti-trafficking law Victim identification efforts improved during the enacted in June 2009; ensure that convicted trafficking reporting period, and NGOs reported the identification offenders receive sufficiently stringent sentences; continue of more victims by government authorities. In 2009, 329 to expand the training of victim identification measures victims were placed in these shelters, an increase from 65 and the anti-trafficking law to law enforcement personnel, trafficking victims sheltered in 2008. Authorities utilize prosecutors, and judges; conduct anti-trafficking training formal victim identification procedures, though some for officials in the Council of Labor Affairs (CLA) and observers note victim identification was inconsistent labor inspectors; make efforts to ensure victims are aware and should be further improved. NGOs asserted some of the option to assist in prosecutions and understand the trafficking victims were not identified by authorities implications of their participation; increase coordination and instead held in immigration detention facilities. between prosecutors and NGOs sheltering victims to keep The National Immigration Agency (NIA) partnered with victims informed of the status of their cases; accelerate NGOs to open two new shelters for trafficking victims funding mechanisms for government-to-NGO victim in 2009. There are a total of 19 shelters dedicated to protection programs; increase efforts to identify and fund sheltering trafficking victims under the administration foreign language translators for shelters and hotline staff; of various government agencies. The NIA and CLA and, continue efforts to increase public awareness about formed partnerships with local NGOs to manage the all forms of trafficking. shelters and provide victim support services, including medical, financial, and legal assistance; psychological Prosecution counseling; interpretation assistance; language classes; and, occupational training programs. Authorities allowed Taiwan authorities made progress in anti-trafficking NGOs to visit detention facilities and conduct their law enforcement during the reporting period. Taiwan’s own victim identification process, and the government Human Trafficking and Prevention Control Act, which recognized three victims identified by NGOs in this went into effect in June 2009, combined with portions manner. Shelter operators assisted victims in finding of the Criminal