Prevention Plan for Human Trafficking Executive Yuan ⅠPurpose In order to respect the personal dignity of trafficking victims, protect their safety in person and property, offer them with humane treatment and effectively prevent human trafficking crime, this plan is formulated in accordance with the principles of the Protocol to Prevent, Suppress and Punish Trafficking in Persons especially Women and Children of the UN in 2003 and the applicable laws of Taiwan, so as to integrate the strength of various ministries and councils and implement the overall prevention strategy for protection, prevention and prosecution. ⅡDefinitions 1. Human trafficking as referred to herein shall mean: the act of organizing, soliciting, transporting, transferring, hiding, introducing, accepting or concealing domestic or foreign persons by means of coercion, intimidation, threat, control, drug, hypnotism, cheat, undue debt or by other coercive means and aiming at buying, selling or pledging persons, sexual exploitation, labor exploitation or extracting organs, etc. 2. Human trafficking victims as referred to herein (“victims”) shall mean: (1) The persons organized, solicited, transported, transferred, hidden, introduced, accepted or concealed at home or abroad by others by means of coercion, intimidation, threat, control, drug, hypnotism, cheat, undue debt or by other coercive means and aiming at buying, selling or pledging persons, sexual exploitation, labor exploitation or extracting organs, etc.; and (2) Any persons under 18 years engaging in sex transaction shall be deemed as victim whether voluntary or not. ⅢPlan for Prevention The work of prevention from human trafficking is composed of three aspects, i.e. protection, prevention and prosecution. The current work promoted by the government shall focus on protection of the human rights of the victims, in addition to strengthening prevention and investigation, with the detailed plan as below: 1. Strengthen protection of the victims (1) Actively identify the victims: when finding various cases involving violation of laws or regulations, the public security authorities shall actively conduct the procedures for identifying the victims so as to determine whether the parties involved are the victims. If the public security authorities are reported by nongovernmental bodies of such cases or the parties wish to provide assistance, it shall be handled in the same way. (2) Ensure the personal security of the victims: various measures taken by the public security authorities for the victims shall firstly take consideration of the personal security of the victims so as to prevent them from being threatened, intimidated or retaliated by inflictors or their partners. Prosecutors shall issue a protection letter timely according to the provisions of witness protection law. The names and other identifiable information of the victims and their families shall be kept confidential and shall not be publicly disclosed. (3) Exemption from executive punishment imposed upon the victims: for any illegal acts directly caused by trafficking in the victims such as overstaying a tourist visa or illegal 1 employment, the competent authorities shall consider exempting the victims from the executive punishment. (4) Exemption from criminal punishment imposed upon the victims: for any illegal acts directly caused by trafficking in the victims such as use of false certificates or illegal entry, the competent authorities shall consider impose upon the victims the action of functionary non-prosecution or suspension of prosecution. (5) Provide proper shelter: without prejudice to the security of the victims, the victims shall be settled in priority in the shelters set up by the police, community or labor organizations or non-government organizations entrusted by them. The said shelters shall have the obligations of confidentiality. (6) Provide relevant assistance: The competent authorities (organizations) shall timely provide the following assistance to the settled victims: 1. Medical care and psychological consultancy and direction; 2. The relevant information on their legal rights and obligations in the language that can be understood by the victims; 3. Necessary economic subsidies; and 4. Other necessary assistances. (7) Measures for protection of the victims during the proceedings of investigation and trial: in consideration of that the victims are afraid of being threatened, intimidated or retaliated and to prevent them from being harmed for the second time, the interrogation, cross-examination or inquiry against the victims during the proceedings of investigation and trial shall be conducted in the presence of community workers and translators appointed by the community and labor authorities, and the victims may state their opinions. The interrogation, cross-examination or inquiry against the victims may be made by audio or video technical equipment or other proper means. (8) Expand the scope of protection: in case the victims are foreigners, people of Mainland China Area, Hong Kong and Macao residents or nationals without a registered household in Taiwan, if the court, prosecution authority or public security authority deems necessary for them to continue assisting trial, prosecution or investigation of human trafficking cases, the victims may be granted the qualification for stay or residence based on the specific progress of investigation and trial of such cases. (9) Repatriate the victims to their home countries (domicile): if the victims are foreign nationals, people of Mainland China, Hong Kong and Macao residents or nationals without a registered household in Taiwan, the National Immigration Agency shall, upon completion of required procedures, in consultation with the competent authorities such as the Ministry of Foreign Affairs and the Mainland Affairs Council of the Executive Yuan, actively communicate with the governmental authorities or non-government organizations of the home countries (domicile) of the victims so as to repatriate them to their home countries (domicile) as soon as possible. (10) Deal with violation by the victims of the relevant provisions: If the victims, in case of foreign nationals, people of Mainland China, Hong Kong and Macao residents or nationals without a registered household in Taiwan, leave their shelters without justifiable reasons or commit other acts in violation of laws or regulations after they are settled under protection, the public security authorities may directly cancel the relevant measures for 2 their protection, and detain and subject them to compulsory exit. (11) The relevant protective measures for the victims as nationals of Taiwan: the nationals of Taiwan trafficked into foreign countries, Mainland China, Hong Kong or Macao shall also be entitled to the abovementioned relevant protective measures after they return to Taiwan. 2. Prevention from occurrence of human trafficking cases (1) Strengthen the nationals’ knowledge and understanding of the subject of human trafficking: human trafficking is a serious crime. Strengthening the nationals’ knowledge and understanding of the subject of human trafficking may prevent the nationals from violating the laws and is also helpful for finding potential cases. (2) Strengthen the migrants’ knowledge of their rights and interests: the migrants will be provided with complete information so that they can understand Taiwan and the organizations accredited to Taiwan by their home countries may provide the relevant assistance to them and avoid trafficking after entering Taiwan. (3) Improve the interviewers’ ability to find potential human trafficking cases: to avoid migrants trafficked into Taiwan, the standards or criteria on interview and examination with migrants shall be worked out, and the education and training for interviewers shall be strengthened so as to improve their ability to find potential human trafficking cases. The interviewers shall investigate and verify suspicious applications from various sources, and strictly exam such applications so as to prevent the illegal acts abroad. (4) Review the current foreign employee policy and system: revise the policy on change in employers by foreign employees as blue collar and the management on private employment service organizations, simplify the procedures, and promote the implementation of the labor policy and system such as direct employment of foreign employees so as to eliminate the inducement to exploitation. (5) Strengthen international cooperation: through formal or other informal channels, actively enter into, with the governments of major origin countries of the victims or the international organizations, the mutual cooperative treaty or arrangement regarding repatriating the victims safe and sound to their home countries (domicile) and exchange and share in human trafficking information, publicly acknowledge that Taiwan is willing to implement the relevant provisions the Protocol to Prevent, Suppress and Punish Trafficking in Persons especially Women and Children of the UN in 2003, and strengthen the exchange, share and cooperation in human trafficking between Taiwan and other countries, so as to jointly strike transnational human trafficking. (6) Assist non-government organizations for international exchange: Support and fund domestic non-government organizations for exchange with international organizations or the competent authorities and organizations of the origin countries (destination countries) of human trafficking, so as to improve the people’s knowledge on society, economy, culture and law of the other side and avoid occurrence of human trafficking cases. 3. Actively investigate human trafficking crimes (1) Continually visit and check suspicious sites and stop exploitation: Human trafficking aims at obtaining sudden huge profits by exploiting others. Various public security authorities shall, jointly with the officials of the competent authorities in charge of various business, continually visit and check the suspicious sites where exploitation may occur such as special business places, factories, building sites, so as to find illegal acts and further 3 investigate background criminal group. (2) Designate special units that shall be responsible for handling human trafficking cases: human trafficking is complex criminal activity. To effectively prevent human trafficking, various prosecution authorities shall designate special prosecutors to take charge of investigating and handling human trafficking cases. Various public security authorities shall designate special units for preventing human trafficking to take charge of planning the relevant work of investigating human trafficking crimes aiming at deeply tracing and finding the criminal sources so as to utterly disorganize human trafficking groups. (3) Establish the mechanism of coordination and communication and use the strength in whole: the prosecution authorities, public security authorities and the community and labor organs of the governments of cities and counties and non-government organizations shall establish the mechanism of coordination and communication in peacetime and emergency, so as to provide assistance and support each other in case of occurrence of human trafficking cases, and also exchange the experience in handling similar cases and improve the ability to investigate such cases. (4) Strengthen professional training and improve the ability to handle cases: various prosecution and public security authorities shall regularly hold professional training to strengthen their officials’ knowledge of human trafficking cases and improve their sensitivity to find similar cases, so as to avoid deeming human trafficking cases as common ones and missing the opportunity for further investigation. (5) Establish partnership with non-government organizations: in view of the victims may distrust the officials and hence conceal some information on the cases, which is adverse to further investigation of background criminal group, the public securities authorities shall establish partnership with non-government organizations and jointly investigate human trafficking crimes under assistance of non-government organizations, if necessary. (6) Encourage the people to report and use the strength of the whole people to prevent crimes: in consideration of the limited human resources, the public security authorities shall set up a special line for reporting to encourage the people to actively report human trafficking cases and jointly strike crimes in conjunction with the strength of the people. (7) Impose heavier punishment upon inflictors to indicate the severity of human trafficking crimes: the prosecutors shall request the court to impose heavier punishment upon the inflictors in human trafficking cases so as to contain human trafficking crimes. (8) Strengthen the mechanism of investigating and handling transnational money laundering to reduce the inducement to human trafficking: human trafficking groups, usually by taking advantage of the loopholes in international financial regulation, commit the act of money laundering by various means such as underground transfer, international trade, purchase of properties abroad and shell companies. In order to contain and prevent transnational crimes and reduce the economic inducement to human trafficking, we shall continuously promote the exchange in the information on money laundering crimes with various countries and actively cooperate with various countries for investigating human trafficking groups and checking and detaining the gains from money laundering crimes, so as to strengthen the cooperative mechanism for investigating and handling transnational crimes. ⅣSpecific Measures 4 1. The various specific measures for prevention from human trafficking are set forth in the Specific Measures for Prevention from Human Trafficking and Work Division Form. For preparation of regulations, various competent authorities shall complete it prior to the end of December, 2006; for routine work, various competent authorities are expected to accomplish the strategy for work and promotion, allocate relevant resources and determine the performance indexes by the end of 2008 and submit the working plan by the end of December, 2008. For the implementation of the said specific measures, various competent authorities shall provide assistance to revise intermediate administrative plan and formulate annual administrative plan. 2. Have the Ministry of Foreign Affairs, jointly with the competent authorities such as the Ministry of Interior and non-government organizations, scholars, research and discuss the feasibility and relevant measures for our signing of the Protocol to Prevent, Suppress and Punish Trafficking in Persons especially Women and Children of the UN in 2003 and actively participate in the plan for striking human trafficking jointly with international organizations. The conclusions shall be submitted to the Executive Yuan by the end of December, 2006. 3. Have the Ministry of Interior, jointly with the Ministry of Foreign Affairs, the Ministry of Justice, the Council of Labor Affairs, the Mainland Affairs Council and the Coast Guard Administration of this Executive Yuan, analyze various types of human trafficking, and thoroughly review the advantages and disadvantages, success and failure of the relevant domestic and foreign laws on human trafficking and special legislation on human trafficking. The conclusions shall be submitted to this Executive Yuan by the end of May of 2007. ⅥSchedule Time for Implementation The schedule time for implementation of this plan shall be from 2006 to 2008. Ⅶ Supervision and appraisal: to implement and promote this plan, the Executive Yuan will dispatch Ministers of State and summon the deputy directors of relevant ministries and councils to establish the coordinating meeting of prevention from human trafficking that shall be responsible for supervision and appraisal of the implementation of this plan and the policy coordination, and the Ministry of Interior shall be responsible for the work of aides and staff. Scholars, experts and members of non-government organizations may be invited to attend such meeting if necessary. ⅧFund’s Source The funds required for implementation of this plan by various ministries and councils shall be disbursed according to budget process. ⅨSupplementary Provisions Any matter not covered by this plan may be supplemented and added if necessary. Specific Measures for Prevention from Human Trafficking and Work Division Form 5 Strategy Major work Strengthen protection of victims 1. Actively identify victims 2. Ensure the personal security of victims 3. Victims’ exemption from executive punishment 4. Victims’ Specific measures 1. Add special chapter regarding prevention form human trafficking in the Immigration Act. 2. Formulate the guidance principles on investigation and identification of victims. 1. Ensure that the names and other identifiable information of victims and their families will not be publicly disclosed. 2. Strengthen the safety of shelters where victims are settled. for any illegal acts directly caused by trafficking in the victims, the competent authorities shall consider exempting the victims from the executive punishment. 1. For any illegal 6 Organizing authority Ministry Interior Ministry Justice Assisting authority New progress December 2006 of Ministry interior of December 2006 of Ministry of Local Justice governments Ministry of Interior Coast Guard Administration Routine work Ministry Interior of Routine work Ministry Interior of Council of December Labor Affairs 2006 Ministry of Foreign Affairs Ministry of December exemption from acts directly criminal caused by punishment trafficking in the victims, the competent authorities shall consider non-prosecution or suspension of prosecution. 2. Review whether the current provisions on victims’ exemption from criminal punishment are sophisticated. 5. Provide 1. Completely proper shelters check the proper shelters where victims may be settled. 2. Establish the coordination mechanism for settling victims. 3. Entrust non-government organizations to assist settlement of victims 6. Provide 1. Provide relevant medical care, assistance: assistance for labor dispute, and psychological consultancy and direction 2. Provide the relevant information on 7 justice Ministry justice 2006 of December 2006 Ministry of Local interior governments Council of Labor Affairs December 2006 Ministry interior Council Labor Affairs Ministry interior Council Labor Affairs of Local governments of December 2006 of Local governments of December 2006 Ministry of Local interior governments Council of Labor Affairs Department of Health Routine work Ministry interior Council Routine work of of 7. Measures for protection of the victims during the proceedings of investigation and trial 8. Expand the scope of protection victims’ legal rights and obligations 3. Provide necessary economic subsidies 1. Establish the implementation mechanism for investigation and interrogation in the presence of community and labor affairs workers 2. Establish the mechanism for victims’ testification in safety. 3. Establish the translators’ resource network. 1. Review or revise Regulations Governing the Relations between the People of the Taiwan Area and the People of the Mainland China Area, and Regulations Governing the Relations with Hong Kong and Macao. If the court, prosecution 8 Labor Affairs Ministry interior Council Labor Affairs Ministry interior Council Labor Affairs of Ministry Justice Ministry interior of Routine work of of December 2006 of December 2006 of Ministry of Local interior governments Council of Labor Affairs Mainland Affairs Council Ministry of Interior December 2006 December 2006 authority or public security authority deems necessary for victims to continue assisting trial, prosecution or investigation of human trafficking cases, the victims may be granted the legal qualification for sojourn or residency based on the specific progress of investigation and trial of such cases. 2. Review or revise the regulations on visa of foreign passport. If the court, prosecution authority or public security authority deems necessary for victims to continue assisting trial, prosecution or investigation of human trafficking cases, the victims may be granted the legal qualification for 9 Ministry of Foreign Affairs Ministry of Interior Council of Labor Affairs December 2006 9. Repatriate the victims to their home countries (domicile) safe and sound sojourn and provided with relevant assistance based on the specific progress of investigation and trial of such cases. 1. Communicate with the governmental authorities or non-government organizations of the home countries (domicile) of the victims so as to repatriate them to their home countries (domicile) as soon as possible. 2. Support and fund non-government organizations to communicate with the competent authorities or organizations of the home countries (domicile) of the victims, and assist victims’ reconstruction of their living after repatriated. 3. If it is adequately proved by facts 10 Ministry Interior of Ministry of Routine Foreign work Affairs Council of Labor Affairs Mainland Affairs Council Ministry Interior of Council of Routine Labor Affairs work Ministry of Foreign Affairs Ministry Interior of Routine work Prevention from occurrence of human trafficking cases 1. Strengthen the nationals’ knowledge and understanding of the subject of human trafficking that the victims will be subject to endanger of their life or body, their repatriation may be suspended. 1. Make publicity and guidance materials, implant the human rights idea of prevention from human trafficking into individuals, communities and the society, and encourage communities to participate in such prevention. 2. Direct students to understand the subject of human trafficking through the education on human rights, sex equality and rule of law. 3. Collect domestic and foreign regulations and cases regarding punishing sex transaction with children and juveniles, 11 Ministry of Government December Justice Information 2006 Ministry of Office Interior Council for Council of Cultural Labor Affairs Affairs Council of Indigenous Peoples Council of Agriculture Ministry Education Ministry Justice of Ministry of Routine Interior work of Local governments Ministry of Transportation and Communications Ministry of Interior Ministry of Justice December 2006 2. Strengthen the migrants’ knowledge of their rights and interests 3. Improve the interviewers’ ability to find potential human trafficking cases publicize the idea of safe tourism, and advise the nationals not to conduct sex transaction for the purpose of avoidance of further human trafficking. 1. Make the publicity and guidance materials for migrants in their native language. 2. Provide migrants with the information on their relevant rights and interests through various channels. 3. Strengthen foreign laborers’ knowledge of their rights and interests, which work may be entrusted to non-government organizations. 1. Improve the ability of consuls accredited abroad to find potential human trafficking cases through education and training. 12 Ministry of Interior Council of Labor Affairs December 2006 Ministry of Government Interior Information Council of Office Labor Affairs Ministry of Foreign Affairs Mainland Affairs Council Council of Labor Affairs Routine work Ministry of Foreign Affairs Routine work Routine work 2. Strengthen the communication with the police, immigration authorities and non-government organizations of the host countries, and collect the relevant information. 3. Through education and training, improve the interviewers’ ability to find potential human trafficking cases in entry of spouses from Mainland China. 4. Review the 1. Review the current foreign policy on change employee policy in employers by and system foreign employees as blue collar and revise the relevant laws and regulations. 2. Review and revise the management on private employment service organs, revise the relevant laws and regulations, simplify the procedures, and promote direct 13 Ministry of Foreign Affairs Ministry of Justice Ministry of Interior Routine work Ministry Interior Routine work of Council of Labor Affairs December 2006 Council of Labor Affairs December 2006 employment of foreign employees. 5. Strengthen the 1. Actively seek international to participate in cooperation the international organization regarding anti-human trafficking and the relevant plans and activities. 2. Enter into, with the governments of major origin countries of the victims or the international organizations, the mutual cooperative treaty or establish the mechanism regarding repatriating the victims safe and sound to their home countries (domicile) and exchanging and sharing human trafficking information. 3. Establish the instruction mechanism for foreign employee prior to their entry into Taiwan, cooperate with 14 Ministry of Foreign Affairs Ministry of Interior Routine work Ministry of Foreign Affairs Mainland Affairs Council Council of Labor Affairs Ministry of Routine Interior work Ministry of Justice Coast Guard Administration Council of Ministry Labor Affairs Foreign Affairs of December 2006 6. Assist non-government organizations for international exchange Actively investigate human trafficking crimes 1. Continually visit and check suspicious sites and stop exploitation. the governments of various countries, and provide the relevant laws and information on rights and obligations of Taiwan. 4. Convene the international forums regarding prevention from human trafficking. 1. Support and fund non-government organizations for visiting the origin countries (destination countries) of human trafficking and exchanging with the local organizations or the competent authorities. 2. Support and fund domestic non-government organizations for exchange with international organizations. 1. Plan the project duties, and check suspicious sites. Ministry Interior of Ministry of Foreign Affairs Ministry of Justice Council of Labor Affairs Ministry of Foreign Affairs Mainland Affairs Council Ministry of Interior April 2007 Ministry of Foreign Affairs Ministry of Interior Routine work Ministry of Interior Coast Guard Administration Ministry of Routine Justice work Council of Labor Affairs 2. Increase the Ministry 15 of Routine work Routine 2. Designate special unit that shall be responsible for handling human trafficking cases 3. Establish the mechanism of coordination and communication and use the strength in performance weight of human trafficking cases and encourage the officials to actively investigate such cases. 1. The prosecution agencies of various local courts shall appoint special prosecutors or special team of prosecutors to take charge of investigating and handling human trafficking cases. 2. Designate special units to take charge of planning the relevant duties and work of investigating human trafficking crimes 3. Collect and compile the materials of prosecution and trial of human trafficking cases. Establish the mechanism of coordination and communication in various cities and counties. 16 Justice Ministry of Interior Coast Guard Administration work Ministry Justice Routine work of Ministry of Interior Coast Guard Administration December 2006 Ministry Justice Routine work of Ministry of Local Justice governments Ministry of Interior Coast Guard Administration December 2006 whole 4. Strengthen professional training and improve the ability to handle cases 5. Establish partnership with non-government organizations 6. Encourage the people to report and use the strength of the Organize professional training, such as case research and discussion and impartment of investigation experience, to special official in charge of handling human trafficking cases so as to improve their ability to handle such cases. 1. Establish the resource network of non-government organizations, and strengthen the mechanism of communication and coordination with them. 2. Cooperate with non-government organizations and properly use non-government resources to assist investigating and handling cases. Set windows or special line for reporting to encourage the 17 Council of Labor Affairs Ministry of Ministry of Routine Justice Interior work Coast Guard Administration Council of Labor Affairs Ministry of Foreign Affairs Ministry of Local Interior governments Ministry of Justice Coast Guard Administration Council of Labor Affairs December 2006 Ministry of Local Interior governments Ministry of Justice Coast Guard Administration Council of Labor Affairs Routine work Ministry Justice Ministry Interior December 2006 of of whole people to people to prevent crimes actively report human trafficking cases and establish the award mechanism. 7. Impose 1. Compile the heavier relevant laws punishment regarding human upon inflictors trafficking for to indicate the convenience of severity of reference to human relevant trafficking prosecution crimes provisions by prosecutors. 2. Research the types and trends of human trafficking, and review whether the relevant criminal punishments are appropriate if necessary. 3. Impose heavier criminal punishment in certain cases. 8. Strengthen the 1. Review and mechanism of revise the law on investigating anti-money and handling laundering. transnational money laundering to reduce the inducement to human trafficking 2. Strengthen international 18 Coast Guard Administration Council of Labor Affairs Ministry Justice of December 2006 Ministry Justice of Ministry of March Interior 2007 Coast Guard Administration Ministry Justice of Ministry Justice of Ministry of December Interior 2006 Financial Supervisory Commission Ministry Justice of Financial Supervisory Routine work Routine work cooperation, Ministry exchange Interior information with various countries, and check and detain the gains from money laundering crimes if necessary. 19 of Commission