CHINA CONSIDERS ACCESSION TO UN PALERMO PROTOCOL

C O N F I D E N T I A L BEIJING 003780 SIPDIS DEPT FOR EAP/CM JCARTIN; G/TIP; EAP/RSP DTIKVART E.O. 12958: DECL: 09/29/2018 TAGS: PHUM PGOV PREL ELAB KTIP KHUM KWMN KCRM CH HK, MC, XC SUBJECT: CHINA CONSIDERS ACCESSION TO UN PALERMO PROTOCOL AGAINST TRAFFICKING IN PERSONS Classified By: Political Minister Counselor Aubrey Carlson for reasons 1.4 (B/D). Summary -------------- ¶1. (C) China is seriously considering acceding to the UN Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, according to a Ministry of Foreign Affairs official. China will hold a symposium October 23-24, co-hosted by the UN Inter-Agency Project on Human Trafficking in the Greater Mekong Sub-Region (UNIAP),to discuss China's accession to the protocol, implications for China, and the impact on China's legal system. Although China has made the policy decision to accede to the protocol, one contact said, accession is unlikely before spring 2009. End Summary. Symposium on Palermo Accession -------------- ¶2. (C) China is seriously considering accession to the UN Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children (Palermo Protocol), Ministry of Foreign Affairs (MFA) Treaty and Law Division Deputy Director Xu Yu told PolOff September 9. Deputy Director Xu said China will hold a symposium October 23-24, co-hosted by the UN Inter-Agency Project on Human Trafficking in the Greater Mekong Sub-Region (UNIAP),to discuss China's accession to the protocol, implications for China, and the impact on China's legal system. ¶3. (C) Xu noted that proposed symposium sessions include contributions from the Ministry of Public Security, the National Working Committee for Children and Women (NWCCW), UNIAP and the UN Office for Drugs and Crime (UNODC). At the meeting, experts will explain the provisions of the protocol and suggest legislative, administrative and law enforcement measures China will need to enact to meet its obligations under the protocol. ¶4. (C) Additional sessions will focus on the National Plan of Action on Combating Trafficking in Women and Children 2008-2012 (NPA),and there will be a panel discussion on potential challenges to China's accession. Participants will include legal experts, law enforcement officials, authorities from MFA and NWCCW, as well as representatives from UN agencies, including International Organization for Migration (IOM),International Labor Organization (ILO),UN Children's Fund (UNICEF),World Vision and Save the Children UK. (NOTE: Contrary to past refusals, MFA has approved Post's request to attend this event as an observer.) No major obstacles -------------- ¶5. (C) Although China has been considering accession to the Palermo Protocol for some time, experts say China is now actively pursuing the issue. ILO Project to Prevent Trafficking in Girls and Young Women for Labour Exploitation within China (CP-TING) Project Director Kathleen Speake (protect) told PolOff September 10 that Chinese officials have indicated to her not only China's intention to adhere to several ILO conventions on forced labor, but also China's plans to accede to the Palermo Protocol in the near future. According to Speake, China is well aware that in acceding to the protocol, it would be required to undertake substantive revisions of its legal system in order to comply with specific provisions, including inclusion of men and boys in its legislation protecting trafficking victims. Not before 2009 -------------- ¶6. (C) Despite China's need for enabling legislation, Speake said that she did not believe there are any major legal obstacles to accession and that the policy decision has been made to accede. Speake noted that while China has in principle agreed to accede and Hong Kong has given its consent, Macau has yet to indicate its decision. Deputy Director Xu indicated that due to complex procedural issues and the fact that the National People's Congress (NPC) is ultimately responsible for approving China's accession, accession is unlikely before spring 2009. PICCUTA