George Mentz Colorado Springs - Information on Human Trafficking

Anti Slavery Civil Rights Abolitionist Oldest Society AASSONE

 
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PROSECUTION
The government did not directly provide data on anti-trafficking law enforcement efforts. The Chinese criminal code prohibits many forms of trafficking and prescribes harsh penalties. Article 240 of China’s criminal code prohibits “abducting and trafficking of women or children,” which is defined as a series of acts (e.g., abduction, kidnapping, purchasing, selling, sending, receiving) for the purpose of selling the women and children.That article does not apply to men; further, the acts that comprise the crime are not tied to a purpose of exploitation, such as forced labor or forced prostitution, which is how international law defines trafficking in persons. Crimes under Article 240 are punishable by no less than 10 years’ or life imprisonment and the death penalty is possible in particularly serious circumstances. Article 358 prohibits organizing prostitution and forced prostitution, which is punishable by five to 10 years’ imprisonment or, with aggravated circumstances, up to life imprisonment. Article 358 is overly broad in prohibiting both forced prostitution and prostitution. Article 359 makes it a crime to lure girls under the age of 14 into prostitution, but does not criminalize facilitating the prostitution of boys under 18 or girls between the ages of 14 and 18, although two provincial supreme courts have found Articles 358 and 359 to extend to men, women, and children, generally. Prescribed penalties under these statutes are sufficiently stringent and commensurate with those prescribed for other serious crimes, including rape. Article 244 of the Chinese criminal code prohibits “forcing workers to labor,” punishable by three to 10 years’ imprisonment and a fine, and expands culpability to those who recruit, transport, or assist in “forcing others to labor,” but appears only to criminalize the employer engaged in forced labor, not others who may have recruited, transported, or transferred such workers, which is how the crime of trafficking for the purpose of forced labor is defined in international law. Prescribed penalties under these statutes are sufficiently stringent and commensurate with those prescribed for other serious crimes, including rape. It remains unclear whether, under Chinese law, all children under the age of 18 in prostitution are considered victims of trafficking regardless of whether force is involved.
In public data released by the Ministry of Public Security (MPS), officials stated the government arrested 194 alleged traffickers and convicted at least 35 traffickers. Due to limited data and the government’s tendency to conflate human smuggling, child abduction, prostitution, and fraudulent adoptions with trafficking offenses, it is not clear the exact number of trafficking cases the government investigated and prosecuted in accordance with international law.The government made some efforts to cooperate with foreign governments to investigate allegations of trafficking.The government reportedly increased cooperation with neighboring governments in sharing intelligence and collecting evidence on

 

 

those who are involved in arranging marriages between Chinese nationals and foreign brides; foreign brides are reportedly sold by their parents and some become trafficking victims.The government provided inadequate information on in-house training for law enforcement officials, prosecutors, or judges on human trafficking issues.When PRC authorities participated in trainings with other countries and international organizations, the PRC government provided lodging and meals for some participants. Despite reports of official complicity, including willful negligence in addressing trafficking cases, the government did not report any investigations, prosecutions, or convictions of government officials for complicity in human trafficking offenses.

PROTECTION
The government did not undertake adequate efforts to protect victims and did not directly provide data on the number of victims it identified or assisted or the services provided to victims. Media reported law enforcement and judicial officials continued to expel foreign trafficking victims. The government arrested significant numbers of women in prostitution during police raids; some of these women were detained in “custody and education” centers and subjected to forced labor. In 2011, the MPS mandated all women arrested for prostitution be screened for indicators of trafficking; however, it was unclear if these women were in fact screened or, if screened, if victims were referred to shelters or other care facilities.
The government reported there are shelters dedicated to care for trafficking victims; however, the government did not provide victim protection data to ascertain if trafficking victims in fact accessed these shelters. Foreign embassies reportedly provided shelter or protective services to victims.The impact or effectiveness of the government’s previously reported victim assistance—including border liaison offices, victim funds, hotlines, and government-to- government agreements to assist victims—remained unclear.The government reported trafficking victims who faced hardships in their home country could receive vocational skills training, vocational guidance, and employment services; it remained unclear if any victim benefited from this provision. Chinese law provides victims the right to claim financial compensation by filing civil lawsuits and request criminal prosecution of traffickers; it remained unclear if any victim benefited from this provision in 2014. Media reports noted the government repatriated victims and deported traffickers; the government does not provide any temporary or permanent residence visas to foreign trafficking victims as an incentive to cooperate in trafficking investigations or prosecutions.
Chinese authorities continued to forcibly repatriate some North Korean refugees by treating them as illegal economic migrants, despite reports some North Korean female refugees in China were trafficking victims.The government detained and deported such refugees to North Korea, where they may face severe punishment, even death, including in North Korean forced labor camps.The Chinese government did not provide North Korean trafficking victims with legal alternatives to repatriation. The government continued to bar UNHCR access to North Koreans in northeast China; the lack of access to UNHCR assistance and forced repatriation by Chinese authorities left North Koreans vulnerable to traffickers. Chinese authorities sometimes detained and prosecuted citizens who assisted North Korean refugees and trafficking victims, as well as those who facilitated illegal border crossings.

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George Mentz Colorado Springs - Information on Human Trafficking