China's Anti-Trafficking Efforts Remain Inadequate One Year After Government's Release of National Action Plan

The Chinese government's anti-trafficking response remains inadequate and noncompliant with international standards one year after the State Council issued the National Action Plan on Combating Trafficking in Women and Children (2008-2012) on December 13, 2007, (English version via the United Nations Inter-Agency Project on Human Trafficking in the Greater Mekong Sub-region's China Office, or UNIAP China).

The Chinese government has not yet ratified the United Nations Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children (TIP Protocol) although it has stated its intention to do so, as reported in the state-run China Daily on October 24, 2008. China's legal definition of trafficking does not reflect current conditions in China or international standards. Even though the government has been able to use Article 240 of the Criminal Law to punish traffickers and Article 244 to punish employers who use forced labor, the law does not recognize the crime of trafficking of men, who often fall victim to labor trafficking, according to the UNIAP's SIREN Human Trafficking Data Sheet in September 2008.

The International Labour Organization in 2006 found little awareness of trafficking among potential victims, their families, and the authorities, according to an April 2006 report (page 13). During 2007, reports described awareness campaigns initiated by the media and government agencies, according to China Radio International and Trafficking Prevention in China (a joint project by the International Labour Organization and All China Women's Federation to prevent trafficking in girls and young women for labor exploitation within China). In spite of these efforts, the government's limited protection mechanisms continue to pose challenges to rescued victims, as noted in the U.S. Department of State's 2008 Trafficking In Persons Report. China's weak response to human trafficking is further evidenced by lenient punishment of public officials, as the Commission previously has reported.

Although China's anti-trafficking efforts have been limited, training and capacity building in law enforcement and government offices has increased since the adoption of the National Action Plan in December 2007. The Ministry of Foreign Affairs held an international conference in Beijing on China's ratification of the TIP Protocol and strengthening China's anti-trafficking legal framework, involving high-level government officials and UN agencies, as reported by the UNIAP China on October 24, 2008. A November 2008 official document presented by the Chinese delegation in Vientiane, Lao People's Democratic Republic, China's Brief Report on Achievements During the First Year of Phase III of UNIAP Project, reported on other efforts by the Chinese government to combat trafficking, including bilateral law enforcement meetings with Burma (Myanmar) and Vietnam in February to enhance cross-border cooperation, and issuance of three provincial anti-trafficking action plans. Furthermore, the first Inter-Agency Taskforce meeting was held in November since the Taskforce's inception in December 2007, and a joint campaign was carried out by eight Ministries and Party organizations to prevent labor trafficking in June and July of this year.

It is unclear to what extent the five-year National Action Plan will strengthen the government's anti-trafficking efforts when other government policies that are root causes of human trafficking remain serious concerns in China. These policies include the household registration (hukou) system that leaves migrants vulnerable to trafficking, the population control policy, and the preference for sons that contribute to trafficking for forced or abusive marriages and false adoption or sale of infants. (See Section II-Human Trafficking in the Commission's 2008 Annual Report for the discussion of the root causes of human trafficking in China.)

See previous Commission analyses for more information on China's National Action Plan on Human Trafficking, including Infant Trafficking From the Earthquake Zone and Other Cases Reflect Anti-Trafficking Challenges, China's Long-Awaited Action Plan on Trafficking Aims To Provide "Sustainable Solutions", and Section II-Human Trafficking in the Commission's 2008 Annual Report.