Human Trafficking in Taiwan - Protection

Protection

Protection efforts by Taiwan authorities have improved modestly, but remained inadequate during the reporting period. The vast majority of trafficking victims in Taiwan continue to be undetected by law enforcement authorities. Although Taiwan has formal victim identification procedures and has provided training on these procedures, immigration officers, police, prosecutors, and other law enforcement personnel do not consistently follow the procedures. It is widely reported that authorities, particularly at the local level, fail to identify the vast majority of trafficking victims, classifying them instead as illegal immigrants or “runaway” foreign workers in illegal labor status. As a result, many trafficking victims are detained, prosecuted, fined, or jailed, and ultimately deported. The majority of victims are treated simply as illegal immigrants or illegal laborers, and housed in formal, long-term detention facilities, which are sometimes plagued by overcrowding and poor sanitation. While incarcerated, most detainees have no access to psychological or legal counseling, and only limited access to medical services. Only a small percentage of trafficking victims are properly identified and removed from detention facilities. Some trafficking victims who were formally identified as such were inappropriately incarcerated solely for unlawful acts that were a direct result of being trafficked.

During the reporting period, some identified victims, the majority of whom were held in detention facilities, were prosecuted for immigration, labor, and criminal law violations. In most cases, only those victims who cooperated with prosecutors in cases where charges were actually filed against the trafficker or other defendants were excused from punishment. The treatment afforded to victims varies considerably from place to place. The Council for Labor Affairs (CLA) provides subsidies to 11 NGO-operated shelters for trafficking victims. Most of those sheltered in these facilities were referred by churches, NGOs, or other informal channels. In July 2007, the Executive Yuan approved the “Human Trafficking Implementation Plan,” setting aside $12.6 million for construction and improvement of shelter facilities, education, and training for authorities. During the reporting period, the National Immigration Agency solicited bids to operate a shelter for trafficking victims, but when no NGOs bid for the funds, which they deemed insufficient, the Legislative Yuan (LY) cut the funding allocation from the 2008 budget. Although the LY amended Taiwan’s immigration law to provide additional protections to trafficking victims in 2007, these amendments have not yet gone into effect.