[Joint House and Senate Hearing, 112 Congress]
[From the U.S. Government Publishing Office]
HUMAN TRAFFICKING
=======================================================================
EXCERPTED
from the
2011 ANNUAL REPORT
of the
CONGRESSIONAL-EXECUTIVE COMMISSION ON CHINA
ONE HUNDRED TWELFTH CONGRESS
FIRST SESSION
__________
OCTOBER 10, 2011
__________
Printed for the use of the Congressional-Executive Commission on China
Available via the World Wide Web: http://www.cecc.gov
_____
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20402-0001
CONGRESSIONAL-EXECUTIVE COMMISSION ON CHINA
LEGISLATIVE BRANCH COMMISSIONERS
House
Senate
CHRISTOPHER H. SMITH, New Jersey, SHERROD BROWN, Ohio, Cochairman
Chairman MAX BAUCUS, Montana
CARL LEVIN, Michigan
DIANNE FEINSTEIN, California
JEFF MERKLEY, Oregon
SUSAN COLLINS, Maine
JAMES RISCH, Idaho
EXECUTIVE BRANCH COMMISSIONERS
SETH D. HARRIS, Department of Labor
MARIA OTERO, Department of State
FRANCISCO J. SANCHEZ, Department of Commerce
KURT M. CAMPBELL, Department of State
NISHA DESAI BISWAL, U.S. Agency for International Development
Paul B. Protic, Staff Director
Lawrence T. Liu, Deputy Staff Director
(ii)
Human Trafficking
Findings
China remains a country of origin, transit,
and destination for the trafficking of men, women, and
children. The majority of human trafficking cases are
domestic and involve trafficking for sexual
exploitation, forced labor, and forced marriage.
The Chinese government acceded to the UN
Protocol to Prevent, Suppress and Punish Trafficking in
Persons, Especially Women and Children (Palermo
Protocol) in December 2009. To date, the Chinese
government has revised some, but not all, of its
legislation to conform to the Palermo Protocol. For
example, the Chinese government issued an amendment to
the PRC Criminal Law, which included revisions that
broaden the scope of prosecutable offenses for forced
labor and increase penalties, but do not clearly define
forced labor. The Chinese government's legal definition
of trafficking does not conform to international
standards.
Using the definition of human trafficking
under Chinese law--which conflates human smuggling,
child abduction, and illegal adoption with human
trafficking--the Supreme People's Court reportedly
convicted 3,138 defendants in trafficking cases in
2010, up from 2,413 in 2009. Of these, courts
reportedly handed down 2,216 prison sentences of five
years or more. In addition, the Supreme People's
Procuratorate reportedly convicted 4,422 individuals on
trafficking-related crimes in 2010. In cooperation with
non-governmental organizations and international
organizations, Chinese authorities took steps to
improve protection, services, and care for victims of
trafficking but continued to focus efforts on women and
children.
The Chinese government does not offer legal
alternatives to deportation for identified foreign
victims of trafficking, and continues to deport North
Korean refugees under the classification of ``economic
migrants,'' regardless of whether or not they are
victims of trafficking.
Recommendations
Members of the U.S. Congress and Administration officials
are encouraged to:
Urge the Chinese government to abide by its
commitments under the UN Protocol to Prevent, Suppress
and Punish Trafficking in Persons, Especially Women and
Children; continue to revise the government's
definition of trafficking; and enact comprehensive
anti-trafficking legislation to align with
international standards.
Call on the Chinese government to provide more
services for trafficking victims. Support expanding
training programs for law enforcement personnel and
shelter managers that help raise awareness and improve
processes for identifying, protecting, and assisting
trafficking victims. Support legal assistance programs
that advocate on behalf of both foreign and Chinese
trafficking victims.
Object to the continued deportation of North
Korean trafficking victims as ``economic migrants.''
Urge the Chinese government to abide by its
international obligations with regard to North Korean
trafficking victims and provide legal alternatives to
repatriation.
Introduction
The Chinese government took steps to combat human
trafficking during the Commission's 2011 reporting year, but
challenges remain. Multiple factors shape the context of the
ongoing human trafficking problem in China, including the
government's population planning policies and their
exacerbation of China's skewed sex ratio; migrant mobility;
uneven enforcement of anti-trafficking laws; lack of anti-
trafficking training, education, and resources; and government
corruption. In addition, officials in the past year continued
to focus on the abduction and sale of women and children,\1\
while giving proportionally less attention to other forms of
trafficking. The government's limited capacity restricts the
number of trafficking victims that can access official
protection, services, and care. The National People's Congress
Standing Committee passed amendments to the PRC Criminal Law in
February 2011, including new language which, if implemented,
may strengthen prosecution and punishment of forced labor
cases. Authorities reported taking action to combat trafficking
in the 2011 reporting year. Gaps between domestic legislation
and international standards remain and continue to limit the
scope and effectiveness of anti-trafficking efforts.
Anti-Trafficking Challenges
The Chinese government acceded to the UN Protocol to
Prevent, Suppress and Punish Trafficking in Persons, Especially
Women and Children (Palermo Protocol) in December 2009,\2\ but
it has not revised current domestic legislation to come into
full compliance. The PRC Criminal Law prohibits the trafficking
of persons, which it defines as ``abducting, kidnapping,
buying, trafficking in, fetching, sending, or transferring a
woman or child, for the purpose of selling the victim.'' \3\
The law does not provide definitions for these concepts. The
PRC Criminal Law separately prohibits forced prostitution,\4\
but it does not make clear whether minors under 18 years of age
who are engaged in prostitution may be considered victims of
trafficking, regardless of the use of force. Chinese law does
not clearly prohibit non-physical forms of coercion-including
debt bondage and threats-or the recruitment, provision, or
attainment of persons for forced prostitution,\5\ which are
covered under Article 3 of the Palermo Protocol.\6\ The Chinese
government's differing definition of human trafficking has
negative implications for anti-trafficking work in China,
including limiting the Chinese government's prosecution
efforts, protection of victims, and victim services.\7\ It is
unclear whether the Chinese government's definition of human
trafficking also has negative implications for program funding,
as fiscal information on programs is not publicly available.
Chinese officials continue to conflate human trafficking
with human smuggling and therefore treat some victims of
trafficking as criminals, although recent law enforcement
efforts have sought to reduce this.\8\ According to the UN
Office on Drugs and Crime, the main international body
responsible for implementing the Palermo Protocol, human
trafficking and migrant smuggling differ with respect to
consent, exploitation, transnationality, and source of
profit.\9\ Commonly, human trafficking involves the
exploitation of an individual (either domestically or across
borders) for forced labor or prostitution without the
individual's consent, whereas migrant smuggling involves the
cross-border transport of an individual with the individual's
consent and for direct or indirect profit resulting from the
transport.\10\ In conflating the two, Chinese officials may
consider an individual's illegal entry into China to be a crime
of ``human smuggling'' and punish the individual accordingly,
while giving less consideration to the role exploitation may
have played in the border crossing.\11\ The Chinese government
continues to deport all undocumented North Koreans as illegal
``economic migrants'' and does not provide legal alternatives
to repatriation for identified foreign victims of
trafficking.\12\ [For more information, see Section II--North
Korean Refugees in China.] Reports from the 2011 reporting year
indicate that official corruption and lack of resources in some
areas also continue to deter or limit anti-trafficking efforts
and exacerbate the trafficking problem.\13\
Prevalence
China remains a country of origin, transit, and destination
for the trafficking of men, women, and children.\14\ The
majority of trafficking cases are domestic; \15\ however, human
traffickers continue to traffic Chinese women and children from
China to countries around the world.\16\ Women and girls from
countries across Asia, as well as some countries in Europe and
Africa, are also trafficked into China and forced into
marriages, employment, and sexual exploitation.\17\ Forced
labor continues, and certain cases gained widespread media
attention during this reporting year; \18\ however, the full
extent of the forced labor problem in China is unclear.\19\
[See Section II--Worker Rights for more information on child
labor.] According to the Palermo Protocol, forced labor of any
person under 18 years of age constitutes ``trafficking in
persons.'' \20\
Driving Factors
Experts link the reported growth \21\ of the trafficking
market in China to several political, demographic, economic,
and social factors. Reports indicate that China's skewed sex
ratio,\22\ which is increasing against the backdrop of China's
population planning policies and Chinese families' preference
for sons,\23\ has increased the demand for trafficking for
forced marriage and commercial sexual exploitation.\24\ In
recent years, domestic and international observers have also
linked the growing trafficking market with the lack of
awareness and education on trafficking prevention for
vulnerable women and parents \25\ and conditions in bordering
countries such as instability in Burma and poverty in the
Democratic People's Republic of Korea.\26\ [For additional
information on China's skewed sex ratio, see Section II--
Population Planning.]
------------------------------------------------------------------------
Representative Human Trafficking Cases From the 2011 Reporting Year
-------------------------------------------------------------------------
In December 2010, authorities detained an official from a
government-funded homeless shelter for his alleged involvement in a
forced labor scheme.\27\ The official allegedly sold 11 workers, 8 of
whom reportedly had disabilities, to a building materials factory in
the Xinjiang Uyghur Autonomous Region (XUAR), where they were held and
forced to work for at least three years without pay or protective
gear.\28\
Also in December, authorities detained a brick kiln employer
in Shaanxi province on charges of forced labor after he brought people
in who were mentally ill, deaf, mute, disabled, or otherwise vulnerable
to exploitation.\29\ Authorities reportedly rescued 18 workers from the
brick kiln.\30\
Despite a 2008 XUAR Department of Education circular stating
that students enrolled in elementary and junior high school would no
longer participate in work-study activities to pick cotton, a number of
Chinese media and government reports from the 2011 reporting year
indicate that authorities in the XUAR continued to implement work-study
programs in 2009 and 2010 that required school-age students to pick
cotton and engage in other forms of labor.\31\ [See Section IV--
Xinjiang for more information on these programs.]
Individuals continued to force children to work in
exploitative conditions as child beggars.\32\ In one incident reported
in February 2011, a man in Henan province ``rented out'' his daughter
for 5,000 yuan (US$774) to an ``acrobatic troupe'' and discovered three
years later that the eight-year-old had been made to beg and was
physically abused.\33\ In another incident reported in August, a man in
the XUAR sold his 12-year-old daughter to a group who trained her to
pickpocket. When she was ``rescued and sent back home,'' the man
reportedly sold her again to a different pickpocketing group.\34\
Authorities in the XUAR announced plans in April 2011 for a
nationwide campaign to locate and retrieve children from the XUAR who
are ``strays'' and in some cases ``steal or beg for a living.'' \35\
------------------------------------------------------------------------
Anti-Trafficking Efforts
The Chinese government, non-governmental organizations, and
individuals continued efforts to combat human trafficking
during the Commission's 2011 reporting year. As reported in the
Commission's 2010 Annual Report, in December 2009, the National
People's Congress Standing Committee (NPCSC) approved China's
accession to the UN Protocol to Prevent, Suppress and Punish
Trafficking in Persons, Especially Women and Children (Palermo
Protocol).\36\ On February 25, 2011, the NPCSC revised the PRC
Criminal Law, making amendments to provisions on forced labor
\37\--a crime that constitutes human trafficking under the
Palermo Protocol.\38\ The revised legislation broadens the
scope of activity considered punishable for forced labor and
strengthens punishments for ``serious'' crimes of forced labor;
however, the legislation still does not clearly define what
constitutes forced labor.\39\ [See box titled Strengthened
Legislation on Forced Labor below.] The Commission did not
observe changes to other areas in which China's domestic
legislation does not comply with the Palermo Protocol during
the 2011 reporting year.\40\
------------------------------------------------------------------------
Strengthened Legislation on Forced Labor
-------------------------------------------------------------------------
The National People's Congress Standing Committee passed amendments to
the PRC Criminal Law in February 2011, which included additions to
provisions on trafficking in Article 244.\41\ The revised provisions,
if properly implemented, may strengthen prosecution and punishment of
forced labor cases:
Widened scope of punishable persons. The new provision expands
the scope of responsibility from ``employer'' to ``whoever forces
another to work . . . .'' In addition, the new provision adds language
that provides a basis for punishing anyone who is ``aware of a person
committing the crime . . . and recruits or transports personnel for
him, or otherwise aids forced labor.'' \42\ This added language, if
implemented, may strengthen prosecution and punishment of middlemen,
transporters, and recruiters.
Lengthened prison sentences. The revised provision provides
for a maximum three-year imprisonment for forced labor situations that
are not considered ``serious.'' This period of time was unclear prior
to revisions. The new provision also provides for longer prison
sentences (three to seven years, an increase from the former maximum of
three years) for forced labor crimes that are considered ``serious.''
\43\ While the term ``serious'' is not clearly defined, this revised
language, if implemented, may result in harsher punishments for those
convicted of forced labor crimes.
------------------------------------------------------------------------
Chinese authorities, in cooperation with non-governmental
organizations and international organizations, took steps to
improve protection, services, and care for victims of
trafficking but continued to focus such efforts only on women
and children identified as victims through the government's
definition of trafficking. The International Organization on
Migration and the Ministry of Civil Affairs conducted two
training sessions during the Commission's 2011 reporting year
that reportedly addressed issues including victim
identification, protection, and assistance.\44\ According to
the U.S. State Department, the All-China Women's Federation
(ACWF) is in the process of starting a network of shelters for
women. At these shelters, women reportedly may access referrals
for legal aid, report human trafficking violations, and seek
assistance from social workers.\45\ In addition, in September
2010, Minister of Public Security Meng Jianzhu and Vietnamese
Minister of Public Security Le Hong Anh signed a cooperative
agreement to work together on trafficking prevention and
control.\46\
The Chinese government continued outreach and education
campaigns in concert with the ACWF and international
organizations. The government continued trafficking education
campaigns in areas with high numbers of migrant workers,
including train and bus stations, and through television, cell
phones, and the Internet, informing workers of their
rights.\47\ Chinese authorities established nationwide and
local hotlines for reporting suspected trafficking cases,\48\
although there appears to be limited public data on their use.
As the Chinese government continues to conflate human
smuggling, illegal adoption, and child abduction with human
trafficking, accurate statistics on the number of trafficking
cases the government investigated and prosecuted during the
past reporting year are not available.\49\ Using the definition
of human trafficking under Chinese law, the Supreme People's
Court reportedly convicted 3,138 defendants in trafficking
cases in 2010,\50\ up from 2,413 in 2009,\51\ and of those
convicted, authorities reportedly handed down 2,216 prison
sentences for terms of five years or more.\52\ In addition, the
Supreme People's Procuratorate prosecuted 4,422 individuals for
trafficking offenses,\53\ up from 4,017 in 2009.\54\
The U.S. State Department placed China on its Tier 2 Watch
List for the seventh consecutive year in 2011,\55\ listing
several areas in which anti-trafficking efforts were
insufficient, including that the Chinese government ``does not
fully comply with the minimum standards for the elimination of
trafficking'' and ``did not demonstrate evidence of significant
efforts to address all forms of trafficking or effectively
protect victims.'' \56\
civil society efforts
Individual citizens have also been active in the effort to
combat human trafficking. One individual's anti-trafficking
efforts on an Internet blog launched during the 2011 reporting
year have received widespread attention.\57\ While the combined
efforts of the individual, the blog's photograph contributors,
and a number of government agencies have resulted in the
``rescue'' of at least six abducted children,\58\ the online
campaign has also raised concerns regarding the privacy of the
children being photographed,\59\ potential for publicly
misidentifying children as abducted,\60\ and the risk that
traffickers might inflict further harm on their victims if they
find pictures of them posted publicly.\61\
Endnotes
\1\ The specific phrase used to describe the concept of trafficking
in Chinese government documents, including the National Plan of Action
on Combating Trafficking in Women and Children (2008-2012), as well as
related regulations, circulars, and opinions, is guaimai funu ertong,
which literally means ``the abduction and sale of women and children.''
See, for example, State Council General Office, ``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)'' [Guowuyuan
bangongting guanyu yinfa zhongguo fandui guaimai funu ertong xingdong
jihua (2008-2012 nian) de tongzhi], 13 December 07; See also Ministry
of Public Security, ``Qinghai Province Implementing Rules and
Regulations for the Plan of Action on Combating Trafficking in Women
and Children (2008-2012)'' [Qinghai sheng fandui guaimai funu ertong
xingdong jihua shishi xize (2008-2012 nian)], 22 December 09; Ministry
of Public Security, Zhuzhou Municipal People's Government, ``Zhuzhou
Municipal People's Government Office Circular Regarding the Issuance of
Zhuzhou Municipality's Action Plan on Combating Trafficking in Women
and Children'' [Zhuzhou shi renmin zhengfu bangongshi guanyu yinfa
zhuzhou shi fandui guaimai funu ertong xingdong jihua de tongzhi], 31
December 09; Bazhong Municipal People's Government, ``Opinion of
Bazhong Municipal People's Government Office Regarding the
Implementation of the China National Action Plan on Combating
Trafficking in Women and Children (2008-2012)'' [Bazhong shi renmin
zhengfu bangongshi guanyu guanche guowuyuan ``zhongguo fandui guaimai
funu ertong xingdong jihua (2008-2012 nian)'' de shishi yijian], 30
September 09.
\2\ ``China's Top Legislature Ends Bimonthly Session, Adopts Tort
Law,'' Xinhua, 26 December 09; UN Protocol to Prevent, Suppress and
Punish Trafficking in Persons, Especially Women and Children,
Supplementing the United Nations Convention Against Transnational
Organized Crime, adopted 15 November 00, entered into force 25 December
03. This protocol is commonly referred to as the Palermo Protocol
because it was adopted in Palermo, Italy, in 2000.
\3\ PRC Criminal Law [Zhonghua renmin gongheguo xing fa], passed 1
July 79, effective 1 October 97, amended 14 March 97, 25 December 99,
31 August 01, 29 December 01, 28 December 02, 28 February 05, 29 June
06, 28 February 09, 25 February 11, art. 240.
\4\ Ibid., art. 358.
\5\ See also Office To Monitor and Combat Trafficking in Persons,
U.S. Department of State, ``Trafficking in Persons Report 2011--
China,'' 27 June 11, 122.
\6\ UN Protocol to Prevent, Suppress and Punish Trafficking in
Persons, Especially Women and Children, Supplementing the UN Convention
Against Transnational Organized Crime (Palermo Protocol), adopted 15
November 00, entered into force 25 December 03, art. 3(a). Article 3(a)
of the Palermo Protocol states: `` `Trafficking in persons' shall mean
the recruitment, transportation, transfer, harbouring or receipt of
persons, by means of the threat or use of force or other forms of
coercion, of abduction, of fraud, of deception, of the abuse of power
or of a position of vulnerability or of the giving or receiving of
payments or benefits to achieve the consent of a person having control
over another person, for the purpose of exploitation. Exploitation
shall include, at a minimum, the exploitation of the prostitution of
others or other forms of sexual exploitation, forced labour or
services, slavery or practices similar to slavery, servitude or the
removal of organs.''
\7\ Office To Monitor and Combat Trafficking in Persons, U.S.
Department of State, ``Trafficking in Persons Report 2011--China,'' 27
June 11, 122. According to this report, ``Male victims of trafficking
and victims of forced labor--either male or female--did not receive
regular protection services, but some were sent to hospitals for
treatment of their medical needs and at least two victims received
legal aid to gain financial compensation.'' CECC, 2009 Annual Report,
10 October 09, 175.
\8\ CECC, 2009 Annual Report, 10 October 09, 175; Office To Monitor
and Combat Trafficking in Persons, U.S. Department of State,
``Trafficking in Persons Report 2011--China,'' 27 June 11, 124.
According to this report, ``The Ministry of Public Security issued
orders to police departments to treat all women arrested for
prostitution as victims of trafficking. It was not clear during the
reporting period to what extent local police units complied with the
order.''
\9\ United Nations Office on Drugs and Crime, ``Human Trafficking
FAQs,'' last visited 28 June 11.
\10\ Ibid.
\11\ Office To Monitor and Combat Trafficking in Persons, U.S.
Department of State, ``Trafficking in Persons Report 2011--China,'' 27
June 11, 122.
\12\ Ibid., 124. Human Rights Watch, ``World Report 2011--North
Korea,'' 24 January 11.
\13\ ``Supreme People's Court Procuratorate Requests In-Depth
Investigation of the Abduction and Sale of Children and Corruption''
[Zuigaojian yaoqiu shenjiu she guaimai ertong duzhi fubai], China Net,
reprinted in China Daily, 4 June 11; Zhang Yan and He Dan,
``Trafficking of Chinese Women on the Rise,'' China Daily, 24 January
11. An official cited in this article reported that insufficient
finances and manpower restrict police capacity to fight trafficking.
For specific examples of official corruption reported during the
Commission's 2011 reporting year, see ``Official Detained in `Slavery'
Scandal,'' Shanghai Daily, reprinted in China Information Center, 23
December 10; ``Ringleaders in Anhui Ordered To Surrender,'' South China
Morning Post, 10 February 11.
\14\ CECC, 2008 Annual Report, 31 October 08, 118. As documented
and defined internationally, major forms of human trafficking include
forced labor, bonded labor, involuntary domestic servitude, child
soldiers, forced prostitution, children exploited for commercial sex,
child sex tourism, and debt bondage and involuntary servitude among
migrant laborers. Office To Monitor and Combat Trafficking in Persons,
U.S. Department of State, ``Trafficking in Persons Report 2008--Major
Forms of Trafficking in Persons,'' 4 June 08, 19-25.
\15\ Office To Monitor and Combat Trafficking in Persons, U.S.
Department of State, ``Trafficking in Persons Report 2011--China,'' 27
June 11, 121.
\16\ Zhang Yan and He Dan, ``Trafficking of Chinese Women on the
Rise,'' China Daily, 24 January 11; Office To Monitor and Combat
Trafficking in Persons, U.S. Department of State, ``Trafficking in
Persons Report 2011--China,'' 27 June 11, 121. See also, for example,
Mandy Zuo, ``Gang Busted for Trafficking Women to Congo,'' South China
Morning Post, 4 December 10; U.S. Department of Justice, ``California
Woman Sentenced to More Than Three Years in Prison for Human
Trafficking Charges,'' 17 November 10.
\17\ See, e.g., Office To Monitor and Combat Trafficking in
Persons, U.S. Department of State, ``Trafficking in Persons Report
2011--China,'' 27 June 11, 121. See also, for example, ``Women Tricked,
Trafficked Into China,'' Radio Free Asia, 4 March 11; Palaung Women's
Organization, ``Stolen Lives: Human Trafficking From Palaung Areas of
Burma to China,'' 9 June 11.
\18\ See, e.g., ``Mentally Disabled Individuals Sold by Orphanage
as `Indentured Laborers,' Ate From the Same Bowls as Dogs''
[Zhizhangzhe bei shouyangsuo maiwei ``baoshengong'' yu gou tong shi
yiguo mian], China Economic Net, reprinted in QQ News, 13 December 10;
Zhang Xuanchen, ``Former Homeless Shelter Official Detained on Human
Trafficking Allegations,'' Shanghai Daily, 22 December 10; Du Guangli,
``Mentally Disabled Workers in Shaanxi Illicit Brick Kiln Face Aid
Puzzle'' [Shanxi hei zhuanyao zhizhang gong mianlin jiuzhu miju],
Phoenix Net, 28 January 11.
\19\ See, e.g., Office To Monitor and Combat Trafficking in
Persons, U.S. Department of State, ``Trafficking in Persons Report
2011--China,'' 27 June 11, 123. According to this report, ``[T]he
Chinese government did not release statistics related to forced labor
of men.''
\20\ UN Protocol to Prevent, Suppress and Punish Trafficking in
Persons, Especially Women and Children, Supplementing the UN Convention
Against Transnational Organized Crime, adopted 15 November 00, entered
into force 25 December 03, art. 3.
\21\ Zhang Yan and He Dan, ``Trafficking of Chinese Women on the
Rise,'' China Daily, 24 January 11.
\22\ Chinese Academy of Social Sciences, ``Difficulty Finding a
Wife in 10 Years: 1 Out of Every 5 Men To Be a Bare Branch'' [10 nian
zhihou quqi nan, 5 ge nanren zhong jiuyou 1 ge guanggun], 27 January
10. According to the January 2010 Chinese Academy of Social Sciences
study, by 2020, the number of Chinese males of marriageable age may
exceed the number of Chinese females of marriageable age by 30 to 40
million.
\23\ Mikhail Lipatov et al., ``Economics, Cultural Transmission,
and the Dynamics of the Sex Ratio at Birth in China,'' Proceedings of
the National Academy of Sciences of the United States of America, Vol.
105, No. 49 (December 2008), 19171. According to this study, ``The root
of the [sex ratio] problem lies in a 2,500-year-old culture of son
preference.'' Wei Xing Zhu et al., ``China's Excess Males, Sex
Selective Abortion and One Child Policy: Analysis of Data From 2005
National Intercensus Survey,'' British Medical Journal, 9 April 09, 4-
5.
\24\ Kathleen E. McLaughlin, ``Borderland: Sex Trafficking on the
China-Myanmar Border,'' Global Post, 26 October 10; ``China's Gender
Imbalance,'' World Press, 11 January 11; ``China Gender Gap Fuelling
Human Trafficking: Report,'' Agence France-Presse, reprinted in China
Post, 22 September 10; Elizabeth Lee, ``Rights Activists Say China's
Gender Ratio Contributes to Human Trafficking,'' Voice of America, 24
January 11; ``Police Rescue Hundreds of Women, Children Kidnapped in SW
China,'' People's Daily, 22 December 10.
\25\ ``Chinese Women Taught To Avoid People-Traffickers,'' Xinhua,
reprinted in China Daily, 8 March 10.
\26\ Kathleen E. McLaughlin, ``Borderland: Sex Trafficking on the
China-Myanmar Border,'' Global Post, 26 October 10; ``Women Tricked,
Trafficked Into China,'' Radio Free Asia, 4 March 11.
\27\ Zhang Xuanchen, ``Former Homeless Shelter Official Detained on
Human Trafficking Allegations,'' Shanghai Daily, 22 December 10.
\28\ ``Sweatshop Allegedly Abuses Mentally Ill,'' Global Times, 14
December 10. ``Mentally Disabled Individuals Sold by Orphanage as
Indentured Laborers'' [Zhizhangzhe bei shouyangsuo maiwei
``baoshengong'' yu gou tong shi yiguo mian], China Economic Net, 13
December 10.
\29\ Du Guangli, ``Mentally Disabled Workers in Shaanxi Illicit
Brick Kiln Face Aid Puzzle'' [Shanxi hei zhuanyao zhizhang gong mianlin
jiuzhu miju], Phoenix Net, 28 January 11.
\30\ Ibid.
\31\ ``Response to: `Students With 9 Years of Compulsory Education
Still Pick Cotton? ' '' [Huifu neirong: ``jiunian yiwu jiaoyu xuesheng
hai zai shi mianhua ma? ''], Xinhe (Toqsu) County Message Board,
reprinted in Xinhe (Toqsu) County People's Government, 18 September 10;
``Second Agricultural Division 29th Regiment's Legal Office Strengthens
Legal and Safety Education During Period Students Pick Cotton'' [Nong
er shi ershijiu tuan sifasuo jiaqiang xuesheng shi mian qijian fazhi
anquan jiaoyu], Xinjiang Agricultural Information Portal, 4 October 10;
Xu Jiang, Xinjiang Uyghur Autonomous Region Government, ``Wusu,
Xinjiang No. 5 Central School Students Help Pick Cotton at 134
Regiment'' [Wusushi wu zhong xuesheng dao yisansi tuan zhiyuan shi
hua], 2 October 10. For recent Commission analyses on Xinjiang's work-
study programs, see ``Underage Students Continue To Pick Cotton in
Xinjiang Work-Study Program,'' Congressional-Executive Commission on
China, 8 December 10.
\32\ Cui Jia et al., ``Saving Kidnapped Kids From Streets of
Crime,'' China Daily, 26 May 11; ``Parents Blamed for Begging,
Performing,'' Asia One News, 15 February 11; China Internet Information
Center, ``Gov't Campaign Against Child Begging,'' 9 March 11; ``Blog
Fights Child Trafficking,'' Xinhua, 9 February 11.
\33\ ``Child Rented Out by Parents To Beg Was Forced To Eat
Faeces,'' Asia One News, 27 February 11; Hu Zhanfen and Yang Jiang,
``The Real Situation of China's Child Beggars: 10,000 Yuan To Resolve
Unforeseen Circumstances'' [Zhongguo tonggai zhenxiang: chu shenme
yiwai dou 1 wan yuan jiejue], Xinmin Weekly, reprinted in QQ News, 23
February 11.
\34\ ``Region Sentences Eight for Felonies,'' Xinhua, reprinted in
China Daily, 17 August 11.
\35\ Shao Wei, ``China's Xinjiang Region Aims To Get Stray Kids
Back Home,'' China Daily, 23 April 11.
\36\ ``China's Top Legislature Ends Bimonthly Session, Adopts Tort
Law,'' Xinhua, 26 December 09; UN Protocol to Prevent, Suppress and
Punish Trafficking in Persons, Especially Women and Children,
Supplementing the UN Convention Against Transnational Organized Crime,
adopted 15 November 00, entered into force 25 December 03, art. 3(a).
\37\ PRC Criminal Law [Zhonghua renmin gongheguo xing fa], passed 1
July 79, effective 1 October 97, amended 14 March 97, 25 December 99,
31 August 01, 29 December 01, 28 December 02, 28 February 05, 29 June
06, 28 February 09, 25 February 11, art. 244; Eighth Amendment to the
Criminal Law of the People's Republic of China [Zhonghua renmin
gongheguo xingfa xiuzheng'an (ba)], issued 25 February 11, provision
38.
\38\ UN Protocol to Prevent, Suppress and Punish Trafficking in
Persons, Especially Women and Children, Supplementing the UN Convention
Against Transnational Organized Crime, adopted 15 November 00, entered
into force 25 December 03, art. 3(a).
\39\ PRC Criminal Law [Zhonghua renmin gongheguo xing fa], passed 1
July 79, effective 1 October 97, art. 244; PRC Criminal Law, passed 1
July 79, effective 1 October 97, amended 14 March 97, 25 December 99,
31 August 01, 29 December 01, 28 December 02, 28 February 05, 29 June
06, 28 February 09, 25 February 11, art. 244.
\40\ Topics that need to be addressed in domestic legislation to
bring it into compliance with the Palermo Protocol, include protection
and rehabilitation of victims of trafficking (see Palermo Protocol art.
6.3), non-physical forms of coercion into the legal definition of
trafficking (see Palermo Protocol art. 3(a)), commercial sexual
exploitation of minors (see Palermo Protocol art. 3(c and d)), and
trafficking of men (see Palermo Protocol art. 3(a)). See UN Protocol to
Prevent, Suppress and Punish Trafficking in Persons, Especially Women
and Children, Supplementing the UN Convention Against Transnational
Organized Crime (Palermo Protocol), adopted 15 November 00, entered
into force 25 December 03; Office To Monitor and Combat Trafficking in
Persons, U.S. Department of State, ``Trafficking in Persons Report
2011--China,'' 27 June 11, 122.
\41\ PRC Criminal Law [Zhonghua renmin gongheguo xing fa], passed 1
July 79, effective 1 October 97, amended 14 March 97, 25 December 99,
31 August 01, 29 December 01, 28 December 02, 28 February 05, 29 June
06, 28 February 09, 25 February 11. The previous language for Article
244 appeared in the 2002 amendment and stated, ``Where an employer, in
violation of the laws and regulations on labour administration, compels
its employees to work by restricting their personal freedom, if the
circumstances are serious, the persons who are directly responsible for
the offence shall be sentenced to fixed-term imprisonment of not more
than three years or criminal detention and shall also, or shall only,
be fined.'' The revised language of Art. 244 states, ``Whoever forces
another to work by violence, threats or restriction of personal freedom
shall be sentenced to not more than three years fixed-term imprisonment
or criminal detention, and shall also, or shall only, be fined. If the
circumstances are serious, he shall be sentenced to not less than three
years and not more than seven years fixed-term imprisonment and shall
also be fined. Whoever is aware of a person committing the crime in the
previous paragraph and recruits or transports personnel for him, or
otherwise aids forced labour shall be punished according to the
preceding paragraph. Where a unit commits the crimes in the two
preceding paragraphs, it shall be fined, and the persons who are
directly responsible for the crime shall be punished according to
provisions in paragraph one.''
\42\ Ibid., art. 240.
\43\ Ibid., art 244.
\44\ International Organization for Migration, ``IOM, China Improve
Support to Victims of Human Trafficking,'' 10 December 10;
International Organization for Migration, ``IOM and China Work To
Protect, Assist Victims of Trafficking,'' 15 March 11.
\45\ Office To Monitor and Combat Trafficking in Persons, U.S.
Department of State, ``Trafficking in Persons Report 2011--China,'' 27
June 11, 124.
\46\ ``Vietnam and China Sign Pack [sic] on Human Trafficking,''
Viet Nam News, 16 September 10.
\47\ Office To Monitor and Combat Trafficking in Persons, U.S.
Department of State, ``Trafficking in Persons Report 2011--China,'' 27
June 11, 125.
\48\ Ibid., 121,124.
\49\ Ibid., 122.
\50\ Ibid.
\51\ Office To Monitor and Combat Trafficking in Persons, U.S.
Department of State, ``Trafficking in Persons Report 2010--China,'' 14
June 10, 113.
\52\ Office To Monitor and Combat Trafficking in Persons, U.S.
Department of State, ``Trafficking in Persons Report 2011--China,'' 27
June 11, 122.
\53\ ``Highlights of Work Report of China's Supreme People's
Procuratorate,'' Xinhua, 11 March 11.
\54\ ``Highlights of Work Report of China's Supreme People's
Procuratorate,'' Xinhua, 11 March 10.
\55\ Office To Monitor and Combat Trafficking in Persons, U.S.
Department of State, ``Trafficking in Persons Report 2011--China,'' 27
June 11, 121. For information on the significance of the tier
placements see, Office To Monitor and Combat Trafficking in Persons,
U.S. Department of State, ``Trafficking in Persons Report 2011--Tier
Placements,'' 27 June 11. According to the U.S. Department of State,
countries placed on the Tier 2 Watch List are ``countries whose
governments do not fully comply with the [Trafficking Victim Protection
Act's] minimum standards, but are making significant efforts to bring
themselves into compliance with those standards AND: a) The absolute
number of victims of severe forms of trafficking is very significant or
is significantly increasing; b)There is a failure to provide evidence
of increasing efforts to combat severe forms of trafficking in persons
from the previous year; or c) The determination that a country is
making significant efforts to bring itself into compliance with minimum
standards was based on commitments by the country to take additional
future steps over the next year.''
\56\ Office To Monitor and Combat Trafficking in Persons, U.S.
Department of State, ``Trafficking in Persons Report 2011--China,'' 27
June 11, 121.
\57\ Huang Jingjing, ``Blog Fights Child Trafficking,'' Global
Times, 9 February 11.
\58\ Xu Chi, ``Six Children Rescued in Beggar Campaign,'' Shanghai
Daily, 10 February 11; ``Microblogs Save Abducted Children,'' China
Daily, reprinted in Xinhua, 15 February 11. According to the China
Daily report, ``Various government agencies have gotten involved. The
police went on the micro blog, followed the campaign and rescued the
six children. Civil affairs authorities arranged children's DNA tests
to aid in identification. Several non-governmental organizations have
also launched projects to help begging children.''
\59\ Ng Tze-wei, ``Beggar Children Rescued in Net Drive, Online
Campaign Raises Privacy Issues,'' South China Morning Post, 10 February
11; ``Yu Jianrong's Anti-trafficking Stirs Debate--The People Call for
Public Clarification'' [Yu jianrong daguai yin zhengyi, minzhong yuqing
gongkai chengqing], Radio Free Asia, 9 February 11.
\60\ ``Child Beggar Raid Raises Doubts About Campaign,'' Shanghai
Daily, 8 February 11.
\61\ Ibid.; ``Online Effort To Save China's Kidnapped Children Is
Flawed,'' CNN, 14 February 11; ``Six Children Rescued in Beggar
Campaign,'' Shanghai Daily, 10 February 11.