Identifier
Created
Classification
Origin
10BEIJING30
2010-01-08 03:26:00
CONFIDENTIAL
Embassy Beijing
Cable title:
CHINA RATIFIES PALERMO PROTOCOL AND PLEDGES TO
how-toVZCZCXRO3077 PP RUEHCN RUEHGH DE RUEHBJ #0030/01 0080326 ZNY CCCCC ZZH P 080326Z JAN 10 FM AMEMBASSY BEIJING TO RUEHC/SECSTATE WASHDC PRIORITY 7532 INFO RUEHOO/CHINA POSTS COLLECTIVE PRIORITY RHMFISS/DEPT OF HOMELAND SECURITY WASHINGTON DC PRIORITY RUEAWJA/DEPT OF JUSTICE WASHDC PRIORITY RUEAIIA/CIA WASHINGTON DC PRIORITY RHEHNSC/NSC WASHDC PRIORITY RHMFISS/FBI WASHINGTON DC PRIORITY
C O N F I D E N T I A L SECTION 01 OF 02 BEIJING 000030
SIPDIS
DEPT FOR EAP/CM; EAP/PD; EAP/RSP; G/TIP CCHAN-DOWNER
E.O. 12958: DECL: 01/08/2035
TAGS: PGOV PHUM SMIG KTIP KCRM KWMN CH
SUBJECT: CHINA RATIFIES PALERMO PROTOCOL AND PLEDGES TO
COOPERATE ON COUNTER-TIP EFFORTS
Classified By: Acting Political Minister Counselor Ben Moeling. Reason
1.4 (b and d).
C O N F I D E N T I A L SECTION 01 OF 02 BEIJING 000030
SIPDIS
DEPT FOR EAP/CM; EAP/PD; EAP/RSP; G/TIP CCHAN-DOWNER
E.O. 12958: DECL: 01/08/2035
TAGS: PGOV PHUM SMIG KTIP KCRM KWMN CH
SUBJECT: CHINA RATIFIES PALERMO PROTOCOL AND PLEDGES TO
COOPERATE ON COUNTER-TIP EFFORTS
Classified By: Acting Political Minister Counselor Ben Moeling. Reason
1.4 (b and d).
1. (C) Summary: China on December 26, 2009 voted to ratify
the UN Palermo Protocol, effectively obligating itself to
bring domestic laws and efforts in line with international
standards to combat trafficking in persons (TIP).
Separately, a Ministry of Public Security (MPS) official told
PolMinCouns that China accepted U.S. government
recommendations to strengthen counter-TIP efforts. He
emphasized that China would increase its cooperation with
other countries and noted that each level of the Chinese
government would "make more progress" to improve its
counter-TIP approach, including the provision of protection
and assistance to human trafficking victims. End Summary.
China Ratifies Palermo
--------------
2. (SBU) China's National People's Congress (NPC) on December
26, 2009 voted to ratify the United Nations (UN) Protocol to
Prevent, Suppress and Punish Trafficking in Persons (Palermo
Protocol),one of two protocols to the UN Convention Against
Transnational Organized Crime. The Palermo Protocol sets
forth an international definition of the crime of trafficking
human beings and commits ratifying states to prevent and
combat TIP, protect and assist victims of trafficking (VOT),
and advance cooperation with other states to meet these
objectives. Palermo also obligates ratifying states to bring
domestic laws in line with international counter-trafficking
laws. The Ministry of Foreign Affairs (MFA) planned to
report ratification to the UN at the earliest opportunity,
according to our MFA Treaty and Law contacts. The vote for
ratification followed nearly three years of discussion and
negotiations within the Chinese government. The effort was
pushed along by key government ministries such as the MFA and
the Ministry of Public Security (MPS) that held
responsibility for implementing the 2007 National Plan of
Action to combat human trafficking (NPA),as well as a bevy
of international organizations closely tied to government
efforts to improve China's capacity to counter trafficking in
persons (TIP).
3. (C) Huang Taiyun, Deputy Director General of the NPC's
Legislative Affairs Commission Criminal Legislation
Department told PolOff on November 5 that for China, this
would mean expanding its definition of TIP to explicitly
acknowledge labor trafficking and include all forms of
exploitation, not just the "selling of persons"; modifying
the criminal code to enable prosecution of persons that
traffic "human beings" versus the current "women and
children": raising the legal age of a child from 14 to under
18 years; ensuring that VOTs are not punished for offenses
related to their trafficking, such as prostitution or
immigration violations; and providing VOTs with alternatives
to deportation to countries in which they may face hardship
or retribution. China continued to deliberate how to
prosecute individuals that assist the trafficking of human
beings such as illegal labor agents, which was not explicitly
covered under the Protocol, said Huang.
4. (SBU) China planned to accede to every article of the
Protocol, except Article 15, paragraph 2, which gives the
International Court of Justice jurisdiction over disputes
between state parties concerning the interpretation or
application of the Protocol. The United States, along with
nearly 80 percent of states having declarations or
reservations to the Protocol, also take exception to Article
15, paragraph 2, according to an analysis of Palermo records
documenting state declarations and reservations.
5. (C) Under the terms of the Palermo Protocol, China will be
able to ratify first and then later modify domestic laws to
bring the country into compliance. Embassy contacts concede
that full Chinese implementation of the Protocol is not a
certainty. One indicator of compliance will be China's
willingness to amend domestic labor laws. Several of our
contacts expressed concern that China may claim that its
current laws do not need amendment as they already meet the
Protocol's threshold of protecting labor VOTs. One contact
from the International Labor Organization, however, expressed
cautious optimism that China eventually will fully comply
with Palermo, noting that the Chinese rarely sign a document
without reservations unless they deem China capable of fully
BEIJING 00000030 002 OF 002
adhering to obligations set forth by the document.
China "Very Willing" to Cooperate with U.S. on TIP Issues
-------------- --------------
6. (C) Separately, Director General of the Criminal
Investigation Department of the Ministry of Public Security
Yang Dong told PolMinCouns during an October 28 meeting that
China concurred with U.S. government recommendations for
strengthening China's counter-TIP approach and noted that the
Chinese government already was working to implement many of
the recommendations that had been put forward.
7. (C) China was "very willing" to work with any country,
including the United States, to combat human trafficking.
Agreeing with PolMinCouns that human trafficking was a
serious transnational crime, Yang noted that China must "pay
more attention to, and cooperate with" other countries'
governments and police to effectively counter human
trafficking. To that end, China was looking to deepen and
broaden cooperation with other countries, specifically
through increased information sharing and capacity building
training.
8. (C) Yang acknowledged that a successful counter-TIP
approach required effective processes and close coordination
between the central and local governments, as well as among
the various levels of public security bureaus. Each level of
government and public security organ must "make more
progress" toward achieving the goals set forth in China's
five-year plan to combat TIP, Yang said. The NPA tasked 31
government ministries and departments with specific
responsibilities to counter TIP. Yang was confident that
with the support of local governments and the assistance of
other countries, "we could do better."
Future Focus: Victim Protection and Assistance
-------------- -
9. (C) MPS Director of the Office to Combat Human Trafficking
Chen Shiqu told PolOff on November 5 that China in 2010
planned to focus on protecting the human rights of VOTs and
providing them with economic and legal assistance. Embassy
contacts from three separate international NGOs with close
ties to the government confirmed that Chinese officials had
privately acknowledged that the PRC government's primary
weakness in countering TIP remained victim protection and
assistance. All three NGOs separately reported that the
Chinese government had asked them to provide information
materials and capacity training in victim protection and
assistance in 2010.
Comment: Positive Steps
--------------
10. (C) TIP is a transnational issue on which China is
frequently criticized and which combines elements of human
rights and law enforcement. As such, we would expect
defensiveness and hypersensitivity to any international
criticism, reluctance to sign on to any document that imposes
international standards on China's internal conditions, and
unwillingness to discuss an "internal affair" with the U.S.
Embassy. We are therefore encouraged by what we have seen
recently. The NPC's action in ratifying the Protocol
(necessarily done under instructions from the Communist
Party),the commitment to bring Chinese laws into compliance
with international standards and the surprising willingness
of the normally taciturn Ministry of Public Security to
discuss the issue with the U.S. Embassy indicate to us that
there has been a high-level policy decision to address the
TIP issue in China directly, and to welcome the participation
and assistance of the foreign community in doing so.
Implementation always lags intention in China, but the
positive attitude shown by the NPC and the MPS in this case
is cause for optimism.
GOLDBERG
SIPDIS
DEPT FOR EAP/CM; EAP/PD; EAP/RSP; G/TIP CCHAN-DOWNER
E.O. 12958: DECL: 01/08/2035
TAGS: PGOV PHUM SMIG KTIP KCRM KWMN CH
SUBJECT: CHINA RATIFIES PALERMO PROTOCOL AND PLEDGES TO
COOPERATE ON COUNTER-TIP EFFORTS
Classified By: Acting Political Minister Counselor Ben Moeling. Reason
1.4 (b and d).
1. (C) Summary: China on December 26, 2009 voted to ratify
the UN Palermo Protocol, effectively obligating itself to
bring domestic laws and efforts in line with international
standards to combat trafficking in persons (TIP).
Separately, a Ministry of Public Security (MPS) official told
PolMinCouns that China accepted U.S. government
recommendations to strengthen counter-TIP efforts. He
emphasized that China would increase its cooperation with
other countries and noted that each level of the Chinese
government would "make more progress" to improve its
counter-TIP approach, including the provision of protection
and assistance to human trafficking victims. End Summary.
China Ratifies Palermo
--------------
2. (SBU) China's National People's Congress (NPC) on December
26, 2009 voted to ratify the United Nations (UN) Protocol to
Prevent, Suppress and Punish Trafficking in Persons (Palermo
Protocol),one of two protocols to the UN Convention Against
Transnational Organized Crime. The Palermo Protocol sets
forth an international definition of the crime of trafficking
human beings and commits ratifying states to prevent and
combat TIP, protect and assist victims of trafficking (VOT),
and advance cooperation with other states to meet these
objectives. Palermo also obligates ratifying states to bring
domestic laws in line with international counter-trafficking
laws. The Ministry of Foreign Affairs (MFA) planned to
report ratification to the UN at the earliest opportunity,
according to our MFA Treaty and Law contacts. The vote for
ratification followed nearly three years of discussion and
negotiations within the Chinese government. The effort was
pushed along by key government ministries such as the MFA and
the Ministry of Public Security (MPS) that held
responsibility for implementing the 2007 National Plan of
Action to combat human trafficking (NPA),as well as a bevy
of international organizations closely tied to government
efforts to improve China's capacity to counter trafficking in
persons (TIP).
3. (C) Huang Taiyun, Deputy Director General of the NPC's
Legislative Affairs Commission Criminal Legislation
Department told PolOff on November 5 that for China, this
would mean expanding its definition of TIP to explicitly
acknowledge labor trafficking and include all forms of
exploitation, not just the "selling of persons"; modifying
the criminal code to enable prosecution of persons that
traffic "human beings" versus the current "women and
children": raising the legal age of a child from 14 to under
18 years; ensuring that VOTs are not punished for offenses
related to their trafficking, such as prostitution or
immigration violations; and providing VOTs with alternatives
to deportation to countries in which they may face hardship
or retribution. China continued to deliberate how to
prosecute individuals that assist the trafficking of human
beings such as illegal labor agents, which was not explicitly
covered under the Protocol, said Huang.
4. (SBU) China planned to accede to every article of the
Protocol, except Article 15, paragraph 2, which gives the
International Court of Justice jurisdiction over disputes
between state parties concerning the interpretation or
application of the Protocol. The United States, along with
nearly 80 percent of states having declarations or
reservations to the Protocol, also take exception to Article
15, paragraph 2, according to an analysis of Palermo records
documenting state declarations and reservations.
5. (C) Under the terms of the Palermo Protocol, China will be
able to ratify first and then later modify domestic laws to
bring the country into compliance. Embassy contacts concede
that full Chinese implementation of the Protocol is not a
certainty. One indicator of compliance will be China's
willingness to amend domestic labor laws. Several of our
contacts expressed concern that China may claim that its
current laws do not need amendment as they already meet the
Protocol's threshold of protecting labor VOTs. One contact
from the International Labor Organization, however, expressed
cautious optimism that China eventually will fully comply
with Palermo, noting that the Chinese rarely sign a document
without reservations unless they deem China capable of fully
BEIJING 00000030 002 OF 002
adhering to obligations set forth by the document.
China "Very Willing" to Cooperate with U.S. on TIP Issues
-------------- --------------
6. (C) Separately, Director General of the Criminal
Investigation Department of the Ministry of Public Security
Yang Dong told PolMinCouns during an October 28 meeting that
China concurred with U.S. government recommendations for
strengthening China's counter-TIP approach and noted that the
Chinese government already was working to implement many of
the recommendations that had been put forward.
7. (C) China was "very willing" to work with any country,
including the United States, to combat human trafficking.
Agreeing with PolMinCouns that human trafficking was a
serious transnational crime, Yang noted that China must "pay
more attention to, and cooperate with" other countries'
governments and police to effectively counter human
trafficking. To that end, China was looking to deepen and
broaden cooperation with other countries, specifically
through increased information sharing and capacity building
training.
8. (C) Yang acknowledged that a successful counter-TIP
approach required effective processes and close coordination
between the central and local governments, as well as among
the various levels of public security bureaus. Each level of
government and public security organ must "make more
progress" toward achieving the goals set forth in China's
five-year plan to combat TIP, Yang said. The NPA tasked 31
government ministries and departments with specific
responsibilities to counter TIP. Yang was confident that
with the support of local governments and the assistance of
other countries, "we could do better."
Future Focus: Victim Protection and Assistance
-------------- -
9. (C) MPS Director of the Office to Combat Human Trafficking
Chen Shiqu told PolOff on November 5 that China in 2010
planned to focus on protecting the human rights of VOTs and
providing them with economic and legal assistance. Embassy
contacts from three separate international NGOs with close
ties to the government confirmed that Chinese officials had
privately acknowledged that the PRC government's primary
weakness in countering TIP remained victim protection and
assistance. All three NGOs separately reported that the
Chinese government had asked them to provide information
materials and capacity training in victim protection and
assistance in 2010.
Comment: Positive Steps
--------------
10. (C) TIP is a transnational issue on which China is
frequently criticized and which combines elements of human
rights and law enforcement. As such, we would expect
defensiveness and hypersensitivity to any international
criticism, reluctance to sign on to any document that imposes
international standards on China's internal conditions, and
unwillingness to discuss an "internal affair" with the U.S.
Embassy. We are therefore encouraged by what we have seen
recently. The NPC's action in ratifying the Protocol
(necessarily done under instructions from the Communist
Party),the commitment to bring Chinese laws into compliance
with international standards and the surprising willingness
of the normally taciturn Ministry of Public Security to
discuss the issue with the U.S. Embassy indicate to us that
there has been a high-level policy decision to address the
TIP issue in China directly, and to welcome the participation
and assistance of the foreign community in doing so.
Implementation always lags intention in China, but the
positive attitude shown by the NPC and the MPS in this case
is cause for optimism.
GOLDBERG