东南亚人口贩运防治策略国际研讨会之课件

1、東南亞人口販運防治策略國際研討會之 Policy Planning and Lawmaking to Counter Human Trafficking Hsiao Bi-khim, Legislator, Taiwan November 29, 2005東南亞人口販運防治策略國際研討會之 Policy AgendaAwareness Action a) Problemsb) Goalsc) “Protection of Victims of Human Trafficking,” Immigration Bill (Chapter 7) drafted by Hsiao Bi-khimCon

2、clusionAgendaAwareness Awareness Taiwans ranking fell in the 2005 Trafficking in Persons (TIP) Report Taiwans immigration policies and laws are currently undergoing modificationAwareness Taiwans ranking fe Action Actions by the Executive Branch Lawmaking and Policy-making Increasing International Co

3、operation NGO-Government Cooperation Action Actions by the ExecutDraft LegislationWhy? Weakness identified in the TIP Report as well as by local NGOs, government and Office of Hsiao Bi-khimProtectionProsecutionPreventionAmend LegislationImplementLegislation(Action)Problem: 3 ObjectivesDraft Legislat

4、ionProtectionPro(Action) Problem: CitizenshipCitizenshipApplicable LegislationTaiwan Citizens(with “Household Registration”)(General Law)Taiwan Citizens (without “Household Registration”)(General Law)Hong Kong and Macau Residents(Special Law) “Act Governing Relations with Hong Kong and Macau” China

5、Residents(Special Law) “Act Governing Relations Between Peoples of the Taiwan Area and the Mainland Area”Foreigners(General Law)(Action) Problem: Citizen(Action) GoalsShort-term goals: 1. Provide protection for foreign victims until deportation. 2. Establish cooperation among ministries to combat hu

6、man trafficking.Mid-term goals:1. Provide protection for victims from China, Hong Kong and Macau until deportation. 2. Amend legislation that may facilitate the efforts against human trafficking, particularly sex trafficking and involuntary servitude. 3. Increase awareness, capacity and response of

7、the executive and the judicial branches to human trafficking.4. Raise the publics awareness, sympathy and understanding of human trafficking.Long-term goals:1. Establish cooperation among local and international NGOs and governments. 2. Draft legislation directed specifically at countering human tra

8、fficking.3. Create a more comprehensive protection and support system for trafficking victims.(Action) GoalsShort-term goal(Action)- Draft Legislation -“Protection of Victims of Human Trafficking,” Immigration Bill (Chapter 7)drafted by Hsiao Bi-khim(Action)- Draft Legislation -PurposeCurrently, thi

9、s bill is the only one among three immigration bills that address human trafficking issues and immediate concerns.Purpose: Human trafficking is a contemporary form of slavery. This bill was drafted to ensure the basic rights of victims of human trafficking in Taiwan. Main Points: 1. Protection 2. Po

10、licy-making 3. International & NGO-governmental Cooperation(Action)PurposeCurrently, this bill isMain Points 1. List of protection services provided:Provide necessary physical, mental and medical assistancesProvide adequate shelterProvide language and legal consultation servicesEnsure security and p

11、rivacy of victimsAssign a social worker to assist underage victims during police interrogation and court proceedingsOther means of assistance Government can work with NGOs to provide the protection services listed above. The Ministry of Interior (MOI) should draft legislation that will regulate coop

12、eration between the government and NGOs. The MOI should have an annual evaluation on the implementation of these services A evaluation report should be submitted to the Legislative Yuan and be disclosed to the public. Immigration Bureau should establish a protection center for trafficking victims. P

13、rosecutors can push to reduce penalties against trafficking victims provided that there is evidence that the person is indeed a victim of human trafficking and that he/she fully cooperates with prosecutors. (Action)Main Points 1. List of protect2. Policy-making: A taskforce should be established and

14、 headed by Minister without Portfolio, Executive Yuan. Members of this taskforce should include MOI, Ministry of Justice (MOJ) and other relevant agencies. This taskforce should meet once a year and establish a three-year action plan that incorporates protection, prevention and prosecution. This pla

15、n should be submitted to the President and Legislative Yuan.3. Prevention: Government can work with NGOs to implement preventive measures. To prevent trafficking victims from becoming victims again, the protection service center should educate them on how traffickers lure victims and how to prevent

16、it from recurring. 4. International & NGO-Governmental Cooperation: The Taiwan government should work more closely with international NGOs and governments in the prevention of human trafficking, investigation and prosecution of traffickers, and protection and deportation of victims. 5. The identific

17、ation of victims, prosecution of traffickers and court rulings should take place within an independent judicial system.2. Policy-making: A taskforceConclusionLets work together!Dont let Taiwan become a source, transit and destination point for trafficking victims!ConclusionLets work together!(Conclu

18、sion) ChallengesSupport from the opposition party: Currently, this bill is the only one among three immigration bills that address human trafficking issues and immediate concerns. Therefore, we hope to have the support of the opposition party when this bill is reviewed in the Legislative Yuan. Obstacles from ChinaChina has continued to block Taiwans participation in international affairs. As a result, Taiwan cannot sign international agreements such as the UN 2000 Protocol on Trafficking. The majority of trafficking victims in Taiwan are from Ch