Circular on the State Council General Office's Issuance of China's National Plan of Action on Combating Trafficking in Women and Children (2008-2012) (Chinese and English Text)


Issuer: 
State Council General Office

中文版


The following translation was retrieved from the UN-Inter Agency Project on Human Trafficking Web site on February 1, 2013. The Chinese text was retrieved from the Central People's Government of the People's Republic of China's Web site on January 2, 2008.
 

China National Plan of Action on Combating Trafficking in Women and Children (2008-2012)

Issued by the State Council of China, December 13, 2007

Crimes of trafficking in women and children seriously violate the individual rights of women and children and greatly harm the physical and psychological health of trafficked women and children. As such, trafficking causes a series of social problems, seriously affecting social harmony and stability. In accordance with the Convention on the Rights of the Child, the Convention of the Elimination of All Forms of Discrimination against Women, the Convention against Transnational Organized Crime, the Convention Concerning the Prohibition and Immediate Action for the Elimination of the Worst Forms of Child Labour, and other relevant international documents which our government has signed, as well as the Constitution of the PRC, Criminal Law of the PRC, Law on the Protection of Rights and Interests of Women of the PRC, Law on the Protection of Minors of the PRC and other such laws, China’s National Plan of Action on Combating Trafficking in Women and Children (2008-2012) (hereafter referred to as the “Plan of Action”) has been developed in order to: effectively prevent and severely combat the criminal activities of trafficking in women and children, actively provide assistance and give appropriate aftercare to rescued women and children, earnestly safeguard the legal rights and interests of women and children.

Part One: Background and Challenges

The Chinese government has consistently given great attention to the work of safeguarding the rights and interests of women and children, resolutely adopted practical methods to effectively prevent and severely combat the criminal activities of trafficking in women and children, and actively expanded the provision of assistance, recovery and aftercare. In recent years, China has promulgated and revised the Criminal Law of the PRC, Law on the Protection of the Rights and Interests of Women of the PRC, Labour Law of the PRC, Law on the Protection of Minors of the PRC, law of PRC on Prevention of Juvenile Delinquency, Marriage Law of the PRC, Adoption Law of the PRC and other such laws in succession. The Supreme People’s court has promulgated the Exposition of Applicable Laws when Hearing Cases of Trafficking in Women, the Supreme People's Procuratorate has enacted the Regulations on the Criteria for Filing Cases Directly Received by the People’s Procuratorate for Filing and Investigation, the Ministry of Public Security has promulgated Suggestions on Issues Concerning the Laws and Policies Applicable to Combating Crimes of Trafficking in Women and Children, all of which provide effective legal safeguards to protect the rights and interests of women and children. The State Council published the Program for the Development of Chinese Women (2001-2010) and the National Program of Action for Child Development in China (2001-2010), in which preventing, prosecuting and reducing trafficking and other such criminal activities that violate the legal rights and interests of women and children is considered to be an important objective for the protection of women and children. Led by the government, various regions in China have established anti-trafficking in women and children (“anti-trafficking”) cooperation mechanisms with the participation of civil groups and relevant departments and agencies and vastly expanded publicity and educational activities. Public security agencies have actively developed specialised campaigns to combat crimes of trafficking in women and children, solved a large number of cases of trafficking and successfully rescued a large number of trafficked women and children. In key areas, transfer, training and rehabilitation centres for rescued women and children have been established, and a large number of pilot projects for preventing crimes of trafficking and providing assistance to rescued women and children have been implemented. In addition, the government has also strengthened relations with relevant international organisations and fully utilised multilateral police cooperation agreements and criminal justice assistance treaties to expand international cooperation. In summary, remarkable achievements have been achieved under the leadership of various levels of the government, as well as through the concerted efforts of relevant agencies and various spheres of society and practical and effective international cooperation.

At the same time, it must be recognized that new trends and characteristics of trafficking in women and children have now emerged and the situation of trafficking in women and children in China should not be viewed optimistically. There is a clear trend towards organised crimes, cross-border trafficking and criminal methods are becoming more covert, criminals have become more cunning and continuously change tactics to commit offences and search for new targets to harm. On the operational level, relevant laws and regulations need to be further refined; the responsibilities of relevant agencies need to be made more clear; linkages and cooperation of departments in the law enforcement process need to be strengthened; mechanisms for securing funds remain to be improved.

Part Two: Guiding Principles, Goals and Strategic Measures

1. Guiding Principles

Under the guidance of Deng Xiaoping’s theory and the important “Three Representatives” ideology, fully implement the concept of scientific development and the guidelines of “prioritising prevention, combining both combating and prevention, human-centred and comprehensive management”, strike at the root of the problem as well as its harmful effects, earnestly safeguard the legal rights and interests of women and children, and promote the construction of our country’s harmonious socialist society.

2. Goal

Improve the anti-trafficking coordination and safeguarding mechanism, clearly define the roles and responsibilities of relevant departments and agencies, strengthen cooperation, construct a sustainable anti-trafficking mechanism that integrates prevention, combating, assistance and rehabilitation. Increase the efficiency of anti-trafficking work, reduce and prevent the occurrence of crimes of trafficking in women and children as far as possible, and alleviate as much as possible the physical and psychological damage which the trafficked women and children have suffered.

3. Strategic Measures

I. Strengthen multiple sectors coordination and improve operational mechanisms. Reorganise and consolidate resources, improve the anti-trafficking cooperation mechanism which is primarily under government leadership with the participation of the whole society to ensure a smooth implementation of the “Plan of Action”;

II. Employ multiple fundraising channels using contributions from the government, supplemented by donations from society and other sources, to provide financial guarantees for the implementation of the “Plan of Action”;

III. Strengthen the combating of the different crimes of trafficking in migrants, forced labour, and crimes targeting migrants with disabilities and children left behind in the rural areas, and improve aftercare work;

IV. Combine work on key points with that of other areas, emphasise key points and tackle the problem comprehensively. Develop regular anti-trafficking work on a nationwide scale, while simultaneously strengthening comprehensive management in key areas;

V. On the basis of fully utilising the potential of existing organisations and personnel, strengthen the professionalism of anti-trafficking work teams;

VI. Establish a national anti-trafficking information system, in order to provide information and technical support to improve anti-trafficking work;

VII. Intensify dissemination of information, increase awareness of respect for and protection of the rights of women and children and construct a favourable anti-trafficking work environment;

VIII.Increase international cooperation and effectively combat the criminal activities of cross-border trafficking in women and children.

Part Three: Organising Agencies and Safeguarding Measures

1. Establish an Inter-Ministerial Joint Conference System (hereafter: IMCS) for Anti-Trafficking in Women and Children

I. Main responsibilities:

(I) Organise the development, implementation, monitoring and evaluation of the “National Plan of Action”, and organise and coordinate anti-trafficking work across regions, departments, organisations and national boundaries;

(II) Coordinate and give impetus to the relevant government departments to carry out anti-trafficking work;

(III) Guide, supervise and promote anti-trafficking work in every province, autonomous region and municipality;

(IV) Coordinate and promote international cooperation in anti-trafficking efforts;

(V) Organise the sharing of work experiences and relevant results between various areas and relevant departments.

II. Member units:

The IMCS is made up of the following departments and agencies:

Ministry of Public Security (MPS), Central Propaganda Department of the Central Committee of the Communist Party of China (CCCPC), Central Office for Comprehensive Management of Public Security, Legislative Affairs Commission of the Standing Committee of the National People’s Congress, Ministry of Foreign Affairs, National Development and Reform Commission, Ministry of Education, Ministry of Civil Affairs, Ministry of Justice, Ministry of Finance, Ministry of Personnel, Ministry of Labour and Social Security, Ministry of Railways, Ministry of Communications, Ministry of Agriculture, Ministry of Commerce, Ministry of Culture, Ministry of Health, the National Population and Family Planning Commission of China, State Administration for Industry and Commerce, Civil Aviation Administration of China, State Administration of Radio, Film and Television, Office of Legislative Affairs of the State Council, National Working Committee for Children and Women under the State Council, State Council Leading Group Office of Poverty Alleviation and Development, All-China Federation of Trade Unions, the Committee of Communist Youth League, All-China Women’s Federation.

The MPS will be the leading agency. IMCS will be chaired by the responsible party in the MPS. The members of the IMCS will be made up of responsible personnel from relevant ministries, committees, and agencies. The Office for the IMCS will be located within the Criminal Investigation Department of the MPS and it will be responsible for the day-to-day work. The head of the office will be the Director-General of the Criminal Investigation Department and each member ministry, committee and agency will appoint one liaison person for the office staff.

Various areas, especially the key areas where trafficking in women and children occur, should establish corresponding anti-trafficking mechanism according their own practical situation.

2. Promote the Improvement and Implementation of Relevant Laws and Regulations

Promote the development of policies, the promulgation and revision of relevant laws and regulations, as well as the signing and implementation of relevant international treaties.

3. Mainly Use Government Input and Fundraise through Multiple Channels

I. Relevant departments of the central and local governments will integrate their planned expenditure necessary for anti-trafficking work into their respective annual budgets. The funding will be guaranteed by the government of the same level.

II. Actively try to procure contributions from civil groups, public welfare organisations, private enterprises and institutions as well as individuals. Strive to procure assistance from international aid as well as more channels to raise funds.

Part Four: Operational Measures and Division Responsibilities

1. Create a Favourable Social Environment and Work Atmosphere

I. Work Objectives

Improve relevant laws and regulations, increase the dissemination of anti-trafficking information, training and education of safeguarding the legal rights and interests of women and children. Increase the recognition of the importance and necessity of the implementation of the “National Plan of Action” at every government level and in relevant agencies as well as in every circle in society. Create a favourable anti-trafficking social environment and work atmosphere.

II. Operational Measures

(I) Improve relevant national laws and regulations, so as to provide legal bases to enhance prevention, combating criminal, assistance and rehabilitation work for women and children rescued. (The Legislative Office of the State Council is the responsible unit; The Legislative Affairs Commission of the Standing Committee of the National People’s Congress, Ministry of Public Security, the Ministry of Civil Affairs, the Ministry of Labour and Social Security, Central Committee of Communist Youth League and the All-China Women’s Federation are cooperating units)

(II) Actively develop anti-trafficking information dissemination, education and training initiatives pertaining to the protection of the legal rights and interests of women and children nationwide. Increase the recognition of the importance and necessity of combating crimes of trafficking in women and children and assisting victims of trafficking crimes, at local governments, in relevant agencies and in all social circles within the national framework. (The Ministry of Public Security is the responsible unit; The Central Propaganda Department of the CCCPC, the Ministry of Education, the Ministry of Justice, the Ministry of Culture, the National Family Planning and Population Commission, the State Administration of Radio, Film and Television, the All-China Federation of Trade Unions, the Committee of Communist Youth League and the All-China Women’s Federation are cooperating units)

(III) Within public security agencies, improve educational training on the combating of trafficking and the safeguarding of the rights and interests of women and children, increase recognition amongst law enforcers of the importance of work to combat crimes of trafficking in women and children, and make great efforts to improve the capacity and efficiency of anti-trafficking work. (The Ministry of Public Security is the responsible unit)

(IV) In key regions and in vulnerable groups susceptible to crimes of trafficking in women and children, develop the capacity-building to prevent crimes of trafficking. In particular, raise the awareness of women and children to safeguard their own rights as well as their ability to combat trafficking. (The Ministry of Public Security is the responsible unit; the Ministry of Education, the Ministry of Civil Affairs, the Ministry of Labour and Social Security, the All-China Federation of Trade Unions, the Centre Committee of Communist Youth League and the All-China Women’s Federation are cooperating units)

(V) Enhance the exchanging of experiences and information sharing on anti-trafficking work, actively advocate successful working models which integrate prevention, combating, assistance and rehabilitation, promote the continuous improvement of anti-trafficking mechanisms, and increase rapid responses to against human trafficking. (The Office of Inter-Ministerial Conference System is the responsible unit)

2. Establish and strengthen the prevention crimes mechanism

I. Work objectives

Develop and refine a trafficking prevention network mechanism to reduce the incidence of trafficking crimes in three levels - communities, areas with a high incidence of trafficking crimes and provincial cooperation. By the end of 2012, areas where there is a high incidence of crimes of trafficking in women and children will be comprehensively managed.

II. Operational Measures

(I) Promote and establish community-based anti-trafficking working systems on the basis of active participation from community organisations at grassroots level and the public, and with an emphasis on clear division of labour and full cooperation between multiple sectors and organisations. (The Central Office for Comprehensive Management is the responsible unit)

– Implement the national pro-development poverty alleviation policy and strengthen support for poor women in rural areas. Fully utilise existing educational and training resources, actively develop various forms of education in practical skills and training in professional skills, and improve the ability of poor women to cast off poverty and become well-off. (The State Council Leading Group Office of Poverty Alleviation and Development is the responsible unit; the Ministry of Labour and Social Security, the State Development and Reform Commission, the Ministry of Agriculture and the All-China Women’s Federation are cooperating units)

– Encourage and support women to actively participate in community affairs and administration, actively raise the social and political position of women, raise their awareness to safeguard their rights. Strengthen information dissemination and educational work on trafficking prevention, raise the anti-trafficking awareness of community members, particularly amongst women and improve their ability to recognise trafficking crimes and protect themselves. (The Ministry of Civil Affairs is the responsible unit; the Ministry of Public Security, the Ministry of Justice, the Ministry of Education are cooperating units)

– Increase advocacy and education of the laws and regulations, to create an atmosphere of rule of law in society. Urge the parents of minors and other guardians to fully undertake the responsibilities and duties prescribed under the Law on the Protection of Minors of People’s Republic of China in order to provide a good home environment and family education for the healthy development of children. (Ministry of Justice is the responsible unit; the Ministry of Education, the Centre Committee of Communist Youth League and the All-China Women’s Federation are cooperating units)

– Employ the necessary measures to implement the Compulsory Education Law of People’s Republic of China. Improve the mechanism for ensuring funding for compulsory education, ensure that all children have the right to nine years of compulsory education, prevent children from entering society too early, as well as strengthen education of teachers and students on trafficking prevention awareness. (The Ministry of Education is the responsible unit; the Ministry of Civil Affairs and the Ministry of Culture are cooperating units)

– Strengthen assistance for people who are vulnerable to being trafficked. Actively launch various forms of social assistance, help the women and children of poor families to solve the difficulties of living in impoverished circumstances and intensify life skills training for them. Actively utilize the assistance and welfare system which is currently available to successfully provide assistance and aftercare for homeless minors and abandoned babies. (The Ministry of Civil Affairs is the responsible unit; the Ministry of Justice, the Ministry of Finance and the Ministry of Health are cooperating units)

(II) Intensify work on prevention and monitoring in regions with a high incidence of trafficking;This will bring an end to the criminal activities of trafficking in women and children. (Ministry of Public Security is the responsible unit; the Central Office for Comprehensive Management of Public Security and the National Working Committee on Children and Women under the State Council are cooperating units.

– In accordance with the relevant laws and regulations, intensify management of the human resources market, regulate the recruitment process of job seekers, employers and job brokers. Refine the system for registering employees, strengthen the supervision of the activities of different kinds of employment agencies and maintain order in the human resources market. Actively research the criminal situation for trafficking in women and children in the labour market and places near the labour market. Based on the research, different kinds of effective prevention, disseminative and educational activities can be developed. (The Ministry of Labour and Social Security is the responsible unit; the Ministry of Personnel, State Administration of Radio, Film and Television and the State Administration for Industry and Commerce are cooperating units)

– Enhance the dissemination of anti-trafficking information in railway stations, bus stations, ports, entertainment venues, hotels where migrant workers gathered, to prevent the occurrence of crimes of trafficking in women and children. (The Ministry of Railways, the Ministry of Transport and the Civil Aviation Administration of China are the responsible unit; The Ministry of Public Security, the Ministry of Justice, the Centre Committee of Communist Youth League and the All-China Women’s Federation are cooperating units)

– Actively and successfully reform, monitor and educate criminals who have trafficked women and children to reduce the rate of re-offending. (The Ministry of Justice and the Ministry of Public Security are the responsible units)

– In regions where there is a high incidence of crimes of trafficking in women and children, there will be multi-sectoral and multi-organisational participation to undertake comprehensive management. The governments at grassroots level, the community-based organisations, and the local resident groups will help those who are vulnerable to being trafficked and will allow trafficking prevention to be incorporated into their priority work. By aiming to introduce this work into development projects, crimes are actively prevented and opportunities for individual development are provided. Poverty relief organisations will implement preferential projects for their target population as far as possible. (The Central Office for Comprehensive Management is the responsible unit; the Ministry of Public Security, the Ministry of Civil Affairs, the Centre Committee of Communist Youth League, the All-China Women’s Federation and the State Council Leading Group Office of Poverty Alleviation and Development are the cooperating units)

(III) Strengthen communication, cooperation and mutual support between all areas, particularly between origin and destination areas of trafficked women and children. The main origin and destination provinces, autonomous regions and municipalities directly under the Central Government are responsible for setting up anti-trafficking offices in owner province, and reporting to the IMCS. (The Office of Inter-Ministerial Conference System is the responsible unit)

3. Combating criminal activities of trafficking and rescuing in women and children trafficked

I. Work objectives

Refine working mechanism, increase capabilities and efficiency to uncover and solve cases of trafficking crimes and to rapidly rescue victims. By the end of 2012, the percentage of solved cases over the total number of cases reported to the authorities will be higher than that of 2007.

II. Operational Measures

(I) Further improve and strengthen the mechanism to combat trafficking that is lead by public security and justice organs and supported by full cooperation of the relevant departments and all social circles.

– Strengthen leadership in anti-trafficking work. The public security organs in key provinces, autonomous regions and municipalities in which trafficking crimes are prominent must reinforce the mechanism on combating trafficking and intensify the capacity building for staff. (The Ministry of Public Security is the responsible unit)

– Establish a procedure which is suitable for children in terms of their physical and psychological development to investigate cases and develop relevant training. (The Ministry of Public Security is the responsible unit; the Ministry of Education are cooperating units)

– In areas where there is a prominent number of trafficking cases, organise and develop a specialized anti-trafficking campaign. (The Ministry of Public Security is the responsible unit; the Central Office for Comprehensive Management, the Ministry of Civil Affairs, the Ministry of Labour and Social Security, the Family Planning and Population Commission, the Centre Committee of Communist Youth League and the All-China Women’s Federation are cooperating units)

– Resolutely combat the “buyer’s market” for crimes of trafficking in women and children. In accordance with the law, investigate and prosecute illegal recruitment units and the use of child labour. Ban illegal labour services, marriage and other services and illegal networks of job brokers. Recruitment units or individuals that buy, introduce and force trafficked women and children to engage in the sex trade and other forced labour will be prosecuted for administrative, civil and criminal causes of action. (The Ministry of Public Security and the Ministry of Labour and Social Security are the responsible units; the All-China Federation of Trade Unions, State Administration for Industry and Commerce and the Ministry of Civil Affairs are cooperating units)

(II) Reinforce the establishment of information networks, improve the gathering of information at all levels in anti-trafficking organisations as well as their ability to process information. (The Ministry of Public Security is the responsible unit; the Ministry of Civil Affairs is the cooperating unit)

– Establish information system, refine the mechanism for the gathering and processing data ability to combat trafficking. (The Ministry of Public Security is the responsible unit; the Ministry of Civil Affairs and the All-China Women’s Federation are cooperating units)

– Establish and improve the reporting crimes system. Encourage all units as well as mass to report criminal activities of trafficking in women and children to law enforcement agencies. (The Ministry of Public Security is the responsible unit)

4. Intensify work to rescue and rehabilitate trafficked women and children

I. Work Objectives

Continue to refine the mechanism to assist victims, increase the proportion of rescued women who receive training, assistance, physiological and psychological treatment and other such necessary assistance, protect the privacy of the women, and children rescued, actively help them to return to their families and society and prevent them from suffering secondary harm. Enable the majority of rescued women and children to obtain the necessary assistance, and promptly reintegrated and lead a normal life.

II. Operational Measures

(I) Establish and perfect relief mechanisms which are centred on multi-sectoral cooperation and widespread support of all social circles.

– The governments should establish new relief services as well as transfer, rehabilitation and training organisations, ensuring the necessary personnel and funding, according to the demand and ensure that more rescued women and children obtain basic assistance or appropriate aftercare. (The Ministry of Civil Affairs, the Ministry of Finance are the responsible units; the Ministry of Public Security, Ministry of Education and the Ministry of Health are cooperating units)

– Develop relevant working procedures and standards, review experiences and promote effective working methods. (The Ministry of Civil Affairs is the responsible unit; the Ministry of Public Security and the Ministry of Education are cooperating units)

– Encourage relevant civil groups, enterprises, institutions and individuals to actively provide funds, technical support and specialized services to help rescued women and children. (The Ministry of Civil Affairs and the Centre Committee of Communist Youth League are the responsible units)

– Relevant academies and scientific research organisations, welfare organisations and psychological counselling organisations actively assist relevant departments and all of the aforementioned assistance centres to train more relief and rehabilitation professionals. (The Ministry of Education is the responsible unit; the Ministry of Civil Affairs and the Ministry of Health are the cooperating units)

– The Health Administration Organizations and medical institutions in various areas should provide basic medical treatment to rescued women and children. (The Ministry of Health is the responsible unit)

– Legal aid organisations will provide necessary legal aid for trafficked women and children, in accordance with law. (The Ministry of Justice is the responsible unit; The Ministry of Public Security is the cooperating unit)

– Intensify training for rescued women and children and strengthen their legal awareness, rights awareness and skills. (The Ministry of Civil Affairs is the responsible unit; the Ministry of Education, the Centre Committee of Communist Youth League and the All-China Women’s Federation are the cooperating units)

(II) Strengthen social care for trafficked women and children and help them to smoothly return and reintegrate into society.

– Actively give appropriate aid to rescued children for whom guardians cannot be found. (The Ministry of Civil Affairs is the responsible unit; the All-China Women’s Federation is the cooperating unit)

– Actively help with the aftercare of rescued children who are of school age so that they enrol in a school, return to school and adapt to a new life. (The Ministry of Education is the responsible unit; the Ministry of Civil Affairs is the cooperating unit)

– Actively help female victims and minors above 16 years of age who cannot or are not willing to return to their original communities to obtain appropriate vocational skills training, vocational guidance, introductions to jobs and other such employment services, so that they can secure a job in a different area. (The Ministry of Civil Affairs is the responsible unit; the Ministry of Labour and Social Security is the cooperating unit)

– Carry out successful work with women and children rescued, families of victims and the community, guarantee the smooth return of victims to their families and communities and help them to solve issues of daily life. (The Ministry of Civil Affairs is the responsible unit; the Centre Committee of Communist Youth League and the All-China Women’s Federation are the cooperating units)

(III) Provide a variety of services for women and children who have returned to society, give them effective help to solve their practical difficulties and matters regarding employment, livelihood, safeguarding their rights and other such aspects. (The Ministry of Civil Affairs is the responsible unit; the Ministry of Labour and Social Security, the Centre Committee of Communist Youth League and the All-China Women’s Federation are the cooperating units)

(IV) Intensify the work of registering, administrating and protecting rescued people. Establish special case files for rescued women and children, follow-up on and investigate their living conditions and when necessary coordinate the relevant departments and organisations to solve any issues. (The Ministry of Public Security is the responsible unit; the Ministry of Civil Affairs and the All-China Women’s Federation are the cooperating units)

(V) Enhance research into the physiological and psychological health of trafficked women and children and seek effective methods for rehabilitation and treatment. (The Ministry of Health is the responsible unit; the Ministry of Education, the Centre Committee of Communist Youth League and the All-China Women’s Federation are the coordinating units)

(VI) Strengthen cooperation, mutual support, mutual coordination between regions, departments and organisations. (The Ministry of Public Security is the responsible unit; the Central Office for Comprehensive Management of Public Security is the coordinating unit)

5. Enhance international cooperation

I. Work Objectives

Strengthen international cooperation on anti-trafficking work, make the combating of crimes of cross-border trafficking in women and children more powerful and efficient, enhance assistance for women and children who have been trafficked across borders and effectively contain cross-border trafficking crimes.

II. Operational Measures

(I) Increase cooperation with the United Nations and other inter-governmental organisations, relevant countries especially those surrounding the Mekong area, and international non-governmental organisations. Enhance international exchange and cooperation through bilateral and multilateral channels. (The Ministry of Public Security is the responsible unit; the National Working Committee on Children and Women under the State Council, the Ministry of Foreign Affairs, the Ministry of Commerce, the Ministry of Justice, the Centre Committee of Communist Youth League and the All-China Women’s Federation are cooperating units)

(II) Strengthen international cooperation between police to combat cross-border trafficking. (The Ministry of Public Security is the responsible unit; The Ministry of Foreign Affairs and the Ministry of Justice are the cooperating units)

(III) Strengthen border defence administration and the inspection of entry and exit documents and combat illegal smuggling activities. (The Ministry of Public Security is the responsible unit)

(IV) Carry out work on the prevention of crimes of cross-border trafficking of women and children earnestly and effectively.

– Use various forms to develop anti-trafficking publicity and educational work in border areas, increase the local population’s understanding of relevant laws and anti-trafficking crimes and raise their anti-trafficking awareness and ability to protect themselves. (The Ministry of Justice is the responsible unit; the Ministry of Public Security, the Ministry of Civil Affairs, the Ministry of Labour and Social Security, the Centre Committee of Communist Youth League and the All-China Women’s Federation are the cooperating units)

– Intensify the training of public security and justice personnel in border regions and increase their awareness of and abilities to crime prevent and treat combating cross-border trafficking crimes. (The Ministry of Public Security is the responsible unit)

– Enhance the monitoring and management of human resource markets in the border areas and regulate the activities of overseas employment intermediaries, in order to promote the safe migration of workers. (The Ministry of Labour and Social Security is the responsible unit; the Ministry of Public Security, the Ministry of Communications and the Ministry of Railways are the cooperating units)

(V) Successfully establish and introduce international anti-trafficking cooperation projects, fully utilize the resources and techniques of relevant international organisations and draw on their anti-trafficking experiences and methods. Enhance international exchange, understand the trend of crimes of trafficking in women and children in every country and the corresponding measures. Intensify our country’s research into strategies to respond to crimes of cross-border trafficking in women and children. (The Ministry of Public Security is the responsible unit; the Ministry of Foreign Affairs, the Ministry of Commerce and the are the assisting units)

Part Five: Implementation, Monitoring and Evaluation

1. The Office of IMCS takes responsibility for the coordination and organisation of the implementation of the “Plan of Action”. Based on the requirements of the “Plan of Action” and their own practical realities, various provinces, regions and member ministries, committees and agencies will formulate their own implementation plans.

2. The Office of IMCS is responsible for monitoring the implementation of “Plan of Action”, and takes monitoring of the implementation of the “Plan of Action”, as well to undertake stage and final evaluation.

3. This “Plan of Action” will become effective as of the 1 January 2008, for the duration of five years.


国务院办公厅关于印发中国反对拐卖妇女儿童行动计划(2008―2012年)的通知

国务院办公厅关于印发中国反对拐卖妇女
儿童行动计划(2008—2012年)的通知
国办发〔2007〕69号

各省、自治区、直辖市人民政府,国务院各部委、各直属机构:

《中国反对拐卖妇女儿童行动计划(2008—2012年)》已经国务院同意,现印发给你们,请认真贯彻执行。

                          国务院办公厅

                       二○○七年十二月十三日

中国反对拐卖妇女儿童行动计划
(2008—2012年)

  拐卖妇女儿童犯罪严重侵犯妇女儿童人身权利,对被拐卖妇女儿童身心健康造成巨大伤害,并由此引发一系列社会问题,严重影响社会和谐稳定。为有效预防、严厉打击拐卖妇女儿童犯罪活动,积极救助、妥善安置被解救妇女儿童,切实维护妇女儿童合法权益,遵照我国政府签署的联合国《儿童权利公约》、《消除对妇女一切形式歧视公约》、《打击跨国有组织犯罪公约》、《禁止和立即行动消除最恶劣形式的童工劳动公约》等有关文件,依据《中华人民共和国宪法》、《中华人民共和国刑法》、《中华人民共和国妇女权益保障法》、《中华人民共和国未成年人保护法》等法律,制定《中国反对拐卖妇女儿童行动计划(2008—2012年)》(以下简称《行动计划》)。

一、背景和挑战

我国政府一贯高度重视妇女儿童权益保障工作,坚决采取切实措施,有效预防、严厉打击拐卖妇女儿童犯罪活动,积极开展对被解救妇女儿童的救助、安置和康复工作。近年来,我国相继制定和修订了《中华人民共和国刑法》、《中华人民共和国妇女权益保障法》、《中华人民共和国劳动法》、《中华人民共和国未成年人保护法》、《中华人民共和国预防未成年人犯罪法》、《中华人民共和国婚姻法》、《中华人民共和国收养法》等法律,高法院制定了《关于审理拐卖妇女案件适用法律有关问题的解释》,高检院制定了《人民检察院直接受理立案侦查案件立案标准的规定(试行)》,公安部制定了《关于打击拐卖妇女儿童犯罪适用法律和政策有关问题的意见》,为保护妇女儿童合法权益提供了有力的法制保障。国务院印发了《中国妇女发展纲要(2001—2010年)》和《中国儿童发展纲要(2001—2010年)》,将预防、打击和减少拐卖等侵害妇女儿童合法权益犯罪行为作为保护妇女儿童的重要目标。各地普遍建立了政府主导、社会团体和有关单位共同参与的反对拐卖妇女儿童行动(简称反拐)合作机制,广泛开展宣传教育活动;公安机关积极开展打击拐卖妇女儿童犯罪专项行动,破获了一大批案件,成功解救了一大批被拐卖的妇女儿童;在重点地区建立了被解救妇女儿童中转、培训和康复中心,实施了一批预防犯罪和救助被解救妇女儿童的试点项目。此外,加强与有关国际组织联系,充分运用警务合作协议和刑事司法协助条约等积极开展国际合作。总之,在各级政府领导下,经过相关部门和社会各界共同努力,以及务实有效的国际合作,我国反拐工作取得明显成效。

同时也必须看到,当前,我国拐卖妇女儿童犯罪活动呈现出新动向、新特点,拐卖妇女儿童犯罪形势仍不容乐观。团伙犯罪趋势明显,跨国案件增多,犯罪手段更加隐蔽,犯罪分子更加狡猾并不断变换作案手法,寻找新的侵害对象。在工作层面上,相关法律法规需进一步完善,相关部门职责需进一步明确,执法环节和部门间合作需进一步加强,经费保障机制有待完善。

二、指导思想、总体目标和战略措施

(一)指导思想。

以邓小平理论和“三个代表”重要思想为指导,深入贯彻落实科学发展观,坚持“预防为主、打防结合、以人为本、综合治理”的工作方针,标本兼治,切实维护妇女儿童合法权益,促进社会主义和谐社会建设。

(二)总体目标。

健全反拐工作协调、保障机制,明确相关部门职责任务,加强合作,建立集预防、打击、救助和康复为一体的反拐工作长效机制,提高工作效率,最大限度地减少拐卖妇女儿童犯罪活动的发生,最大限度地减轻被拐卖妇女儿童遭受的身心伤害。

(三)战略措施。

1.加强部门协调配合,完善工作机制,整合资源,完善以政府部门为主导、全社会参与的反拐合作机制,保障《行动计划》顺利实施。

2.采取政府投入、社会捐赠等多渠道筹资办法,为实施《行动计划》提供经费保障。

3.强化对拐卖拐骗流动人口、强迫流动人口劳动,以及针对农村留守儿童和流动残疾人的各类犯罪活动的打击力度,做好善后安置工作。

4.坚持点面结合、突出重点、全面治理的原则,在全国范围开展日常性反拐工作的同时,强化对重点地区的治理。

5.在挖掘现有机构和人员潜力基础上,加强反拐工作队伍专业化建设。

6.建立全国反拐信息系统,为加强反拐工作提供信息和技术支持。

7.加大宣传力度,树立并提高尊重和保护妇女儿童权益意识,营造良好的反拐工作氛围。

8.加强国际合作,有效打击跨国拐卖妇女儿童犯罪活动。

三、组织机构和保障措施

(一)建立反对拐卖妇女儿童行动工作部际联席会议制度。

1.主要职能

(1)组织制定、实施、监督、评估《行动计划》,组织和协调跨地区、跨部门、跨机构、跨国界的反拐工作。

(2)协调和推动政府有关部门的反拐工作。

(3)指导和督促各省、自治区、直辖市的反拐工作。

(4)协调和推动反拐国际合作。

(5)组织各地区、各有关部门总结和交流反拐工作经验及相关成果。

2.成员单位。

反对拐卖妇女儿童行动工作部际联席会议(以下简称联席会议)制度由以下部门和单位组成:公安部、中央宣传部、中央综治办、全国人大常委会法工委、外交部、发展改革委、教育部、民政部、司法部、财政部、人事部、劳动保障部、铁道部、交通部、农业部、商务部、文化部、卫生部、人口计生委、工商总局、民航总局、广电总局、法制办、妇儿工委办公室、扶贫办、全国总工会、共青团中央、全国妇联。

公安部为牵头单位。联席会议召集人由公安部负责同志担任,联席会议成员为有关部门和单位负责同志。联席会议办公室设在公安部刑事侦查局,承担联席会议日常工作。办公室主任由刑事侦查局局长兼任,各成员单位指定一名联络员为办公室成员。

各地区特别是拐卖妇女儿童犯罪活动重点地区要根据各自实际建立相应的反拐工作机制。

(二)促进有关法律法规、政策的完善和实施。

推动政策制定、有关法律法规和规章的制订和修订工作,签署和实施相关国际公约。

(三)以政府投入为主、多渠道筹措资金。

1.中央和地方各有关部门开展反拐工作所需经费,列入各有关部门年度预算,由同级政府予以保障。

2.积极争取社会团体、公益机构、企事业单位和个人的捐助,争取国际援助,多渠道募集资金。

四、行动措施和责任分工

(一)创造良好的社会环境和工作氛围。

1.工作目标。

完善相关法律法规,加大反拐宣传、培训和维护妇女儿童合法权益教育力度,提高地方各级政府和相关部门及社会各界对实施《行动计划》的必要性、重要性的认识,创造良好的反拐社会环境和工作氛围。

2.行动措施。

(1)完善相关法律法规,为加强预防、打击犯罪及被解救妇女儿童救助和康复工作提供法律依据。(法制办负责,全国人大常委会法工委、公安部、民政部、劳动保障部、共青团中央、全国妇联配合)

(2)在全国范围内,积极开展有关保护妇女儿童合法权益和反拐的宣传、教育及培训活动,提高地方各级政府、相关部门和社会各界对反拐和救助被解救妇女儿童工作重要性、必要性的认识。(公安部负责,中央宣传部、教育部、司法部、文化部、人口计生委、广电总局、全国总工会、共青团中央、全国妇联配合)

(3)在公安机关内部,加强反拐和维护妇女儿童合法权益的教育培训,提高执法人员对打击拐卖妇女儿童犯罪活动重要性的认识,努力提高工作能力和效率。(公安部负责)

(4)在全国拐卖妇女儿童犯罪活动重点地区和易被拐卖人群中,开展预防拐卖妇女儿童犯罪的能力建设,尤其是提高妇女儿童的反拐意识、识别犯罪和自我保护能力。(公安部负责,教育部、民政部、劳动保障部、全国总工会、共青团中央、全国妇联配合)

(5)加强反拐工作经验交流、信息共享,积极推广集预防、打击、救助和康复为一体的成功工作模式,推动反拐工作机制不断完善,提高快速反应能力。(联席会议办公室负责)

(二)建立健全预防犯罪机制。

1.工作目标。

在社区、拐卖妇女儿童犯罪易发场所和省际合作三个层面上,构建和完善预防拐卖妇女儿童犯罪网络,努力降低拐卖妇女儿童犯罪发生率。到2012年底,全国拐卖妇女儿童犯罪活动重点地区得到综合整治。

2.行动措施。

(1)建立和推广以社区组织和广大群众的积极参与为基础,以多部门、多机构分工明确并通力合作为重点的群防群治工作体系。(中央综治办负责)

——贯彻国家开发式扶贫政策,加大对农村贫困妇女的扶持力度,充分利用现有教育培训资源,积极开展多种形式的实用技术教育和务工技能培训,提高贫困妇女脱贫致富能力。(扶贫办负责,劳动保障部、发展改革委、农业部、全国妇联配合)

——鼓励和支持妇女积极参与社区事务和管理,积极提高妇女社会地位、政治地位,增强其维权意识。加强宣传和教育工作,提高社区成员尤其是妇女自身的反拐意识、识别犯罪和自我保护能力。(民政部负责,公安部、司法部、教育部配合)

——加强对法律法规的宣传教育工作,在全社会营造良好的法制氛围,促进未成年人父母或其他监护人切实履行《中华人民共和国未成年人保护法》,为未成年人健康成长提供良好的家庭环境和家庭教育。(司法部负责,教育部、共青团中央、全国妇联配合)

——落实《中华人民共和国义务教育法》,完善义务教育经费保障机制,确保所有适龄儿童、少年接受九年义务教育的权利,防止其过早流入社会。同时,加强对教师和学生的反拐意识教育。(教育部负责,民政部、文化部配合)

——加强对易被拐卖人群的援助工作,积极开展各种形式的社会救助,帮助家庭贫困妇女儿童解决生活困难,加强对其生活能力训练。积极利用现有救助管理机构和福利机构做好流浪未成年人、弃婴救助及安置工作。(民政部负责,司法部、财政部、卫生部配合)

(2)加强拐卖妇女儿童犯罪活动重点地区的预防犯罪工作,并做好监督检查,将犯罪活动消灭在萌芽状态。(公安部负责,中央综治办、妇儿工委办公室配合)

——依照有关法律法规和规章,加强人力资源市场管理,规范劳动者求职、用人单位招用和职业中介活动。建立和完善劳动用工备案制度,加强对各类职业中介活动的监管,维护人力资源市场秩序。积极研究在劳务市场及其周边地区发生的拐卖妇女儿童犯罪问题,有针对性地开展行之有效的宣传和教育活动。(劳动保障部负责,人事部、广电总局、工商总局配合)

——在流动人口聚集的火车站、汽车站、航空港、码头、娱乐场所、旅店加强反拐宣传工作,防止拐卖妇女儿童犯罪的发生。(铁道部、交通部、民航总局负责,公安部、司法部、共青团中央、全国妇联配合)

——积极做好拐卖妇女儿童罪犯的改造、监督和教育工作,降低重新犯罪率。(司法部、公安部负责)

——在拐卖妇女儿童犯罪活动重点地区,跨部门、多机构共同参与综合整治。基层政府、社区组织、居民小组将帮助易被拐卖人群和预防犯罪纳入各自的工作重点,有针对性地引入发展项目,既积极预防犯罪又提供个人发展机会。扶贫机构尽可能对目标人群实行项目倾斜。(中央综治办负责,公安部、民政部、共青团中央、全国妇联、扶贫办配合)

(3)各地区之间尤其是被拐卖妇女儿童的流入地和流出地之间应相互支持,加强交流与合作。到2008年底,主要流入地和流出地的省、自治区、直辖市政府签订合作意向书,由各省、自治区、直辖市反拐工作机构负责落实并上报联席会议办公室。(联席会议办公室负责)

(三)打击犯罪和解救被拐卖妇女儿童。

1.工作目标。

完善工作机制,提高发现、侦破拐卖妇女儿童犯罪案件的能力和效率,迅速解救被拐卖妇女儿童。到2012年底,侦破案件数占报案数的比例比2007年明显提高。

2.行动措施。

(1)进一步完善和加强以公安机关为主,有关部门和社会各界密切配合的打击拐卖妇女儿童犯罪工作机制。

——加强领导。拐卖妇女儿童犯罪活动重点地区的省、自治区、直辖市公安机关要切实加强反拐工作机构和队伍建设。(公安部负责)

——制订与儿童心理和生理相适应的案件调查程序,开展相关培训。(公安部负责,教育部配合)

——在拐卖妇女儿童犯罪活动重点地区,组织开展打击犯罪专项行动。(公安部负责,中央综治办、民政部、劳动保障部、人口计生委、共青团中央、全国妇联配合)

——坚决依法打击拐卖妇女儿童犯罪的“买方市场”。依法查处非法用工单位和使用童工的行为,取缔非法劳务介绍、婚姻介绍等中介机构以及非法网络中介。对收买、介绍、强迫被拐卖妇女儿童从事性交易及其他强迫性劳动的单位和个人,依法追究其行政、民事、刑事责任。(公安部、劳动保障部负责,全国总工会、工商总局、民政部配合)

(2)加强信息网络建设,提高各级反拐工作机构信息收集和处理能力。(公安部负责,民政部配合)

——建立信息系统,完善打击犯罪的信息收集和交流机制。(公安部负责,民政部、全国妇联配合)

——建立健全举报制度。鼓励各部门、各单位和广大群众向执法机关举报拐卖妇女儿童犯罪活动。(公安部负责)

(四)加强对被解救妇女儿童的救助和康复工作。

1.工作目标。

不断完善救助机制,提高被解救妇女儿童接受培训、救助、身心治疗等必要援助的比例,保护被解救妇女儿童的隐私,积极帮助其回归家庭和社会,避免遭受二次伤害。使大部分被解救妇女儿童获得必要救助,迅速回归社会、正常生活。

2.行动措施。

(1)建立和完善政府多部门合作、社会各界广泛支持的救助机制。

——各级政府有关部门根据需要增设必要的救助服务、中转康复和培训机构并保障其人员和经费需求,确保更多被解救妇女儿童得到基本救助或妥善安置。(民政部、财政部负责,公安部、教育部、卫生部配合)

——制订有关工作程序和工作标准,总结经验,推广有效的工作方法。(民政部负责,公安部、教育部配合)

——鼓励有关社会团体、企事业单位和个人为救助被解救妇女儿童提供资金、技术支持和专业服务。(民政部、共青团中央负责)

——有关高校、科研单位、福利机构和心理咨询机构协助有关部门和单位培训救助康复相关专业人才。(教育部负责,民政部、卫生部配合)

——各地卫生行政部门组织协调有关医疗机构为被解救妇女儿童提供基本的医疗服务。(卫生部负责)

——法律援助机构依法为被解救妇女儿童提供必要的法律援助。(司法部负责,公安部配合)

——加强对被解救妇女儿童的培训,增强其法律意识、维权意识和相关技能。(民政部负责,教育部、共青团中央、全国妇联配合)

(2)加强对被解救妇女儿童的社会关怀,帮助其顺利回归及融入社会。

——积极、妥善安置查找不到监护人的被解救儿童。(民政部负责,全国妇联配合)

——积极帮助被解救的适龄儿童入学、回归学校和适应新的生活。(教育部负责,民政部配合)

——积极帮助不能或不愿意回原住地的受害妇女和16周岁以上的未成年人,使其获得适宜的职业技能培训、职业指导和职业介绍等就业服务,并在异地就业。(民政部负责,劳动保障部配合)

——做好被解救妇女儿童及其家庭和所在社区工作,保障其顺利回归家庭和社区,帮助其解决实际生活问题。(民政部负责,共青团中央、全国妇联配合)

(3)为回归社会的被解救妇女儿童提供各种必要的服务,切实帮助其解决就业、生活和维权等方面的实际困难和问题。(民政部负责,劳动保障部、共青团中央、全国妇联配合)

(4)加强对被解救妇女儿童的登记、管理和保护工作。建立专门档案,跟踪了解被解救妇女儿童的生活状况,必要时协调有关部门和组织解决其遇到的困难。(公安部负责,民政部、全国妇联配合)

(5)加强对被拐卖妇女儿童身心健康领域的研究,寻求更为有效的康复治疗方法。(卫生部负责,教育部、共青团中央、全国妇联配合)

(6)加强地区、部门和机构间在救助被解救妇女儿童工作上的合作,相互支持,相互配合。(公安部负责,中央综治办配合)

(五)加强国际合作。

1.工作目标。

加强国际合作,加大和提高打击跨国拐卖妇女儿童犯罪的力度和效率,加强对被跨国拐卖妇女儿童的救助,有效遏制跨国犯罪。

2.行动措施。

(1)加强与联合国及其他有关政府间国际组织、有关国家特别是湄公河次区域各国及周边国家,以及国际非政府组织的合作,通过双边及多边渠道加强反拐国际交流与合作。(公安部负责,妇儿工委办公室、外交部、商务部、司法部、共青团中央、全国妇联配合)

(2)加强国际警务合作。(公安部负责,外交部、司法部配合)

(3)加强边防管理和出入境证件检查工作,打击非法偷越国境活动。(公安部负责)

(4)切实做好跨国拐卖妇女儿童犯罪预防工作。

——以多种形式开展宣传和教育工作,增强边境地区群众对相关法律及拐卖妇女儿童犯罪的了解,提高其反拐意识、识别犯罪和自我保护能力。(司法部负责,公安部、民政部、劳动保障部、共青团中央、全国妇联配合)

——加强对边境地区公安司法人员的培训工作,增强其防范、处置跨国拐卖妇女儿童犯罪的意识和能力。(公安部负责)

——加强对边境地区人力资源市场的监督与管理,规范境外就业中介经营活动,促进劳动力合法有序流动。(劳动保障部负责,公安部、交通部、铁道部配合)

(5)做好国际反拐合作项目的建设和引进工作,充分利用有关国际组织的资源和技术,借鉴其反拐经验和方法。加强国际交流,了解国际拐卖妇女儿童犯罪的发展趋势及应对措施。加强我国应对跨国拐卖妇女儿童犯罪策略的研究。(公安部负责,外交部、商务部配合)

五、实施、监督和评估

(一)联席会议办公室负责协调组织《行动计划》的实施。各地区、各成员单位根据《行动计划》要求,结合各自实际制订实施计划。

(二)联席会议办公室负责协调组织对《行动计划》实施情况进行监督,并开展阶段性评估和终期评估。

(三)本《行动计划》自2008年1月1日起实施,为期5年。