This section responds to Paragraphs 108 and 111 to 112 in page 22 of the State report. With regard to legislations on the prevention of human trafficking and protection of human trafficking victims, the initial State report mentioned the Executive Yuan Anti-Human Trafficking Coordination Panel as Taiwan’s highest anti-human trafficking authority. However, information on the Panel’s focus, interagency coordination activities, and mid-term and long-term plans for the prevention of human trafficking are not provided in both the initial and the second report. For this reason, additional information on the Panel’s role and achievements are required.
According the Ministry of the Interior’s report49, 47% of human trafficking victims between 2011 and 2014 suffered sexual exploitation, with the composition of 21% foreign female, 8% Taiwanese adult female, and 18% Taiwanese children or teenagers (gender unspecified, although judging from past statistics these are largely females). Meanwhile, the other 53% of human trafficking victims suffered labor exploitation, with the composition of 40% female and 13% male. This shows that women are indeed exposed to a higher risk of becoming victims of human trafficking, regardless of which type. However, the second State report contains only the number of cases, number of cases provided sheltered and number of minors, along with the national measures and budgets for the prevention of trafficking (sexual and lobar exploitation) of women, which are exposed to higher risks. The government should cross analyze the victims’ gender, nationality, status upon entry into Taiwan and types of trafficking, in order to identify the specific groups that particularly suffers from human trafficking, and lay out the current and future prevention plan for them.
Fieldwork has revealed that female migrant workers who work as domestic helpers and caregivers (hereinafter “domestic workers”) are more likely to be subject to multiple forms of exploitation, including forced labor, sexual harassment and assault, high debt and insufficient wages. At the same time, since this group lacks the method/capacity to receive correct information and utilize channels of assistance, they are likely to turn to informal channels, which expose them to a higher risk of becoming victims of human trafficking.
The State report does not explain the difference between numbers of cases investigated and prosecuted, or between that prosecuted and indicted. The Garden of Hope Foundation’s experience indicates that many cases prosecuted as sexual exploitation under the Human Trafficking Prevention Act were indicted as mere offenses against morality. Such indictments do not effectively punish perpetrators, nor do they provide compensations to the victims. While civil suits are encouraged, the victims are often deterred by the prolonged process, cost and impact on their right to work.
Domestic work is not merely an issue of labor rights. It is also a means to prevent human trafficking. This report demands the immediate restart of discussions on domestic labor laws, with the aim to put forth in those laws effective measures of assistance.
Rights of migrant workers during lawsuits should be reviewed. Migrant workers should have the rights to remain in Taiwan and continue work when awaiting the results of criminal, labor-management or administrative suits.
In response to Paragraph 117 of the State report on the rights of students participating in industry cooperation programs, this report suggests the implementation of a piece of legislation designated to such programs. The Taiwan Labor Front has formed its own responding opinion on this issue.
This section responds to Paragraphs 121 and 363 of the State report. Taiwan’s definition of child labor is labors above the age of 15 but less than 16. Work conditions for those 16 and above are no different to adults. The government should establish rules for underage labors above the age of 16 but less than 18, as their work hours’ restrictions should be less stringent than that of child labors, but still different to that of adults. This report suggests that work hours for labors above the age of 16 but less than 18 should not exceed 10 hours per day, and they should not work between 11pm and 6am.
This section responds to Paragraph 120 of the State report. Taiwan’s Labor Insurance Act stipulates that enterprises with less than five employees are not mandated to insure their workers. However, since such enterprises are where most underage labors work in, the vast majority of underage labors are not insured against occupational accidents. This report suggests that the government mandates employers insure their underage employees, before laws relating to occupational accidents are amended.
- National Immigration Agency, Ministry of the Interior, 2011-2014 Republic of China (Taiwan) Trafficking in Persons Reports.