|
1.
Effective capability of the administrative structures
set up for dealing with trafficking in human beings.
It is interesting to illustrate
the effective capability of the administrative structures
set up for dealing with trafficking in human beings:
Do the Chinese Administrative structures
and the available resources can assure to launch an information
campaign against illegal immigration?
• China is a wide country with a centralised administration
system. Local Administrative structures do not have the
power to decide on themselves because of every decision
have been made by Central Government.
Today, China is divided in to 23 provinces (with Taiwan
counted as one of the 23, and, since 1988, Hainan as another),
five Autonomous regions and four central-level Municipalities,
namely Beijing, Chongqing, Shanghai and Tianjin. In 1997
the hitherto British-run Hong Kong reverted to Chinese
sovereignty as a special Administrative Region of the
People's Republic of China. Under the provinces come districts
(diqu) and cities. Districts are divided into countries
(xian) and towns, and further down the pecking order,
counties subdivide into villages (xiang) and townships
(zhen). What sometimes make for confusion is that the
same place-name could stand for both an administrative
unit and the capital of that administrative unit.
Beyond the above territorial organisations the structures,
its organisational working and resources at disposal of
Chinese provinces and in particular to the 4 provinces
object of our report, allow us to state that a national
or provincial information campaign can be launched without
difficulties only in the case of an approval of the Central
Authorities and with the aid of the following:
- A represented Administration in the Provinces which
control and cooperates with the local Authorities
- Several human resources especially for the needs of
the order maintain, police, army and justice
- Responsible in charge for the organisation working with
suitable professional profiles
- Political organisation and social associations well
structured in each province, district county, towns and
villages
- Legislative structure and a common national language
- Local and financial resources, suitable means of transport
especially in the key regions.
- Data bases and software and hardware operating in network
- Effective capability of work of the persons in charge
working in the Administrative structures
- Stability in the political situation
- The possibility to travel through the Country in any
direction
It
must be taken into the due consideration the diffusion
of the messages object of the information campaign through
the radio, television, newspapers, magazines in the whole
country and for all difference targets.
Good
Social, economical and political conditions and the development
of information and private sector in the four provinces
allow us to state that administrative structures in loco
have all the necessary resources to fight against the
trafficking of Human Beings.
Through
the visits to Guangdong Administrative Structures (see
final report) have emerged a good level of development
and an availability of resources really sufficient to
launch and manage an Information Campaign in China, both
for Chinese Authorities and for eventual partners although
previous agreement among all these structures.
• Concrete reason and identification of the possible obstacle
to the information campaign
Such clearly divisions are clearly germane for the Chinese
central authorities to manage this nation. China is too
vast territory not to be broken up into local units and
subcultures. The unites and subcultures do not always
coincide. A second way of dividing china is along boundaries
dictated by the geography. The scholar G. William Skinner's
framework is useful to the study of mobility, to understand
which we need to dissolve the provincial barriers into
more inclusive entities, and to think Chinese history
not in national terms, nor in provincial terms, but in
terms of the logic of the terrain (language, socio-cultural
elements and the economy). The administrative partition
of space between Fujian and Guangdong provinces obscures,
as macroregional boundaries do not, the regional systems
in which some immigration stories unfolded.
Moreover, it must be emphasized other eventual obstacles
to the efficacy in an information campaign are:
Bureaucratic slowness in decision-making
Political obstacles in the process reforms
Poor creativity of the press agencies due to the control
of the Central Government
The different slang, economic conditions and financing
among the four provinces.
All mentioned above must not be considered as a brake
in the realization of the information campaign. Furthermore
all the four provinces have already launched information
campaigns against the trafficking of human beings on different
levels and geographic areas
2. Assessment of the relevance of
an information campaign.
All the data collected during the mission in China lead
to us to state that this is not the moment, for the European
Commission, to launch an information campaign. The existence
of all these obstacles, do not allow to assess the really
relevance of such operation. It should be better to wait
the progresses in the negotiations with Local Authorities.
Anyway, it must be said that the difficult in the planification
of an information campaign are due to :
- The refuse of three Provinces Liaoning, hejiang and
Guangdong (only the province of Fujian is open to the
initiatives);
- Chinese provinces must have the authorization of the
Central Government for any initiatives;
1. The central government power exercises a superior control
over all the local authorities and their actions. China's
authorities have clearly stipulated that they wish to
keep control.
2. Chinese Authorities are not open, especially to political
cooperation.
3. Madame Lu, Director of Consular Department of Chinese
Minister of Foreign Affairs do not make a decision nor
she is available to agree any initiatives without previous
authorization of central government, later on.
4. Considering all the above mentioned reasons and in
front of the several refuses, it is not timely to launch
an information campaign in China. Information Campaign
policy clash against domestic political considerations
in which European Commission cannot take part.
• An information campaign could be considered the appropriate
answer to the challenge which has been launched?
As already mentioned an information campaign up to today
must not be considered the appropriate answer. It should
be better to keep on the negotiations in order to encourage
China in the fight against illegal migration, trafficking
of human beings and false documents.
• The factors, which allow reaching, through the above
mentioned approach, the realization of the objectives
and the objectives that could lead to make relative the
real impact of the campaign. What between these two concept
approaches will prevail?
Up to today some factors do not allow us to identify the
objectives of an information campaign in China.
• Information campaign could be successful, in a limited
way, because the factors which lead to make relative the
impact of the campaign are the following:
- Illegal migration is above all economic: migrants leave
the country because they are in difficult economic situation.
They are ready to face difficult situations, even without
the information campaign because they already know the
ruling legislation and all eventual trouble connected
to the illegal migration.
- There is no adhesion of central and provincial authorities
up to today.
- Chinese families encourage their children to leave the
country for economic reasons.
- China authorities already fight against illegal migration
and have already launched information campaign
- European Commission do not substitute Chinese authorities:
Sanction against the trafficking of human beings is still
too limited (except in case of death of a clandestine).
- The provinces consisting in big surfaces and with different
targets (young people, students, citizens, travelers unemployed)
are several urban and rural structures. It is not possible
to reach a complete efficacy because it is not reasonable
to think to address the messages contemporary, all these
targets in whole the country.
- The principal objectives of an information campaign
must gather some criteria that are the adhesion of responsible
authorities, the adhesion of people working against illegal
migration. It must be emphasized that the persons who
are not ready to reach the message of the information
campaign are the traffickers in human beings and illegal
migrants, although they know the ruling legislation.
Taken into account these elements, it must be said that
it takes to make relative the impact and the success of
the information campaign, emphasizing that all the objectives
will be reached completely considering the used resources.
• The final report says about the assessment of the relevance
of an information campaign.
To confirm this position, the final assessment in the
report says : " an information campaign in the four
key-provinces would result in a positive action against
illegal migration, thanks to the valuable information
and contribution of the European Union.…(page 16)"
… "… The identification and implementation of the
information campaign in China can not be feasible without
the prior authorisation and agreement of China's Central
Government. Thus, I do not personally recommend to set
up a mission of expertise and identification at this present
time even though the province of Fujian seemed to be willing
and open to co-operation and collaboration…" (page
15)… "… In summary, it is clear that the achievement
of the information campaign in China requires much more
explanations and clarifications, new meetings and high
level consultations between political leaders. Thereupon,
the European Union should wait for the decision of China's
central government authorities and should not start up
any identification campaign without the prior official
agreement. It seems that the Chinese authorities have
been already achieving a lot in the framework of the struggle
against illegal migration. Thus, the European Union should
carefully prepare if the members States intend to bring
their contribution and added value in this field (page
15).
3. Operational conclusion
of the Dr Pierre Picquart's Report.
The Dr Pierre Picquart's report suggests
a) The creation of a European Union steering committee
with the proposition to determine the possibilities of
co-operation with the Chinese authorities such as : their
expectations; the difficulties; the European Union potential
answers; the information that could be provided to China;
European Union strategies; meetings calendar; bilateral
suggested points (information campaign; co-operation;
repatriation, illegal documents, potential exchanges between
the police administrations…).
b) The creation of a bilateral board of co-ordination
"EU-China Co-ordination Board" which would struggle
together against illegal migration, false document issuing,
unlawful use of legal documents and human being traffic.
This "EU - China" board of co-ordination would
consist of both representatives and experts from the European
Union and Chinese national and provincial authorities.
In spite of the current difficulty to undertake an information
campaign in China, this board of co-ordination would enable
to maintain a consultation structure, which would work
later on other aspects of the co-operation between China
and the European Union. That board of co-ordination could
call assemblies alternately in Brussels and in Beijing
or in one of the Chinese key-provinces.
A
consultation structure relatively complex is already existing
both among the member states of European Union and Chinese
authorities. The suggestion is not to create a complicated
group nor a European Delegation and Chinese.
In
order to obtain an added value to the structure already
existing, the suggestion is to do a “simple and quickly”
procedure with few delegates in charge in both parts:
•
European Union steering committee
1.
15 Delegate (one for each country)
2. 1 representing person in charge for " DG RELEX"
3. 1 representing person in charge for " DG JAI"
The
action is the undertaking of these 17 Member States. Each
Member State names a delegate who will be in charge for
the works and attends to the meetings of the European
Union Steering Committee.
4.
Under the double safe guardianship of " DG RELEX"(Direction
Générale des Relations Extérieures) and "DG JAI"
(Direction Générale de la Justice et des Affaires Intérieures),
such Committee Delegates will work together in order to
gather the several points of view, several opinions, same
strategies, documents and legislative rules through their
representing in Brussels and/or in the different European
Countries.
The
European Union steering committee will negotiate and propose
to China (EU-China Co-ordination Board ) to prepare a
common strategy in order to satisfy Chinese expectations
of cooperation against illegal migration, the false documents
and the trafficking of human beings.
•
EU-China Co-ordination Board
EU-China
Co-ordination Board Committee will consist in
1.
17 members of 'European Union steering committee
2. 17 members which representing a Chinese Consultation
Committee.
•
Chinese Committee (Chinese Consultation Committee) will
consist in
-
5 Delegates proposed by Chinese Minister of Foreign affairs
- 4 Delegates proposed by Chine Minister of Public Security
- 8 Delegates proposed by the 4 Chinese provinces (2 representing
persons for each province)
The
added value and the advantage of this solution are evident:
it allows to the Representing Committees to meet each
other quickly and together in order to work in cooperation
against the illegal migration, the using of false documents
and the trafficking of human beings. Once that the two
Committee have held the first meetings will work quicker
than before and in a simpler way (least formal) before
the organisation of the high level summit between China
and European Union. Such approach will allow to safe time
in the negotiating procedures.
4.
Sustainability of the information campaign result
It
is not possible to expect the medium long-term durability
effect of the information campaign against illegal migration,
the using of false documents and the trafficking of human
beings, if these campaigns are managed in China by the
European Union.
At
the end of the cooperation process "EU-China"
will produce only short term results, few months, which
could be considered as a positive element, although very
unsatisfactory in the future.
The
Chinese policy for migration consists essentially in an
official approach management of the responsible of the
provinces interested in the information campaign. The
fight against the illegal activities and migration is
real and periodical but remain responsibility of the provincial
authorities.
Since
the Chinese Authorities want to be independent, they will
not be able (materially and politically) to preserve and
pursue and the process and also to extend its field of
application in absence of the European Union support.
The
causes of this no capability are due to the countrywide
extension, to economic and political rivalry, and to the
rivalry among the responsible of the provinces and to
the great importance of the relevant population.
In
other words, if we assist to a positive results of the
information campaign the process launched by the European
Commission will not be able to live on without EC support.
In
order that this sustainability could have effects and
allow that the continuity of the information campaign,
EU CHINA it should take that Chinese authorities be employed
in a contractual and bilateral form with EC to extend
these kind of campaign. Such employing, up to today, seems
to us not possible (on diplomatic and practical level).
China have always considered that the illegal migration
towards Europe, is caused by the European laxism.
Furthermore,
Chinese domestic policy, which is one of a “giant” does
not tolerate to accept external orientation and message
lay down destined to the population.
The
Chinese domestic policy do not accept interferences in
its internal affairs although efforts have been made and
in their official statements it seems they are going to
meet western policy in more fields (fight against the
illegal migration, human rights, etc).
At
the light of the above mentioned, the effect will be short
term. China will not observe these new directives, nor
will be employed, but will have a diplomatic benefit,
without pursue the began process.
5.
Information campaign already implemented by the Chinese
authorities
China
has laws prohibiting people from leaving the country illegally
as well as stiff laws against corruption and forged documents.
Chinese government officials are starting to take a serious
look at the migration issue. But it's a difficult balance
for them, because expatriate Chinese who reside around
the world send a large amount of money to China every
year. It definitely helps the economy.
With more than a billion people to contend with and unemployment
a problem, China has in the past encouraged migration
to other parts of the world. So the attitude in China
is that migration is helpful in some ways. Yet Chinese
officials recognize that illegal migration contributes
to corruption and fraud problems within China. The biggest
problem is that Chinese nationals who leave the PRC often
find themselves in pretty desperate situations.
The
Chinese government has cooperated with other partners,
on a number of illegal smuggling cases. The simple fact
that the Chinese government allows the extradition to
go forward is a good example of their willingness to cooperate.
Chinese
authorities have also successfully interdicted several
vessels attempting to leave China illegally.
China
announced a four-point program to discourage illegal emigration,
including education, increased police patrols, severe
punishment for smugglers, and more jobs for young people.
In Changle, China has begun to announce the capture of
migrants leaving for North America, reporting that several
hundred were detained as they tried to leave coastal fishing
villages, presumably to link up with smuggling ships.
Chinese
information campaigns at a national level and in the four
key-provinces
The
Chinese authorities had been carrying out important information
campaigns at a national level and in the four key-provinces
: Liaoning, Zhejiang, Fujian and Guangdong, territories
mainly concerned by the illegal migration, false document
issuing and human being traffic.
The
Chinese authorities are satisfied with the results. Further
to the different meetings and consultations with the Chinese
government authorities, it seems obvious that they have
been undertaking an arsenal of efforts and measures to
dissuade Chinese people from all attempts of illegal migration
through :
1.
TV
2. radio advertising
3. broadcasting
4. posters
5. law reinforcement
The
messages broadcast and spread by the Chinese authorities
seem repressive through warnings, sanctions and threats.
Yet,
the potential or concerned migrants seem to be indifferent
and sceptical. Moreover those messages are addressed to
everybody whereas the potential migrants involved are
from different social statuses and backgrounds according
to which adequate messages should be brought and adjusted
campaigns should be conducted in each province: "
Attack the "snakehead", destroy the snake pits,
punish the illegal immigration"; "Anyone participating
in illegal immigration must be stringently punished according
to the laws"; "It is a shame to immigrate illegally,
but an honour to get rich through hard work.
In order to lead its population to a public awareness
of the miscellaneous dangers of illegal migration, the
Chinese government officials undertook three fundamental
preventive measures which are the following: the first
one was to call upon a public meeting at which the dangers
of illegal emigration would be stated and explained; the
second one consisted in condemning and criticising illegal
emigration by denouncing the repatriates from abroad;
the third and the last one was to increase coastal and
border patrols in order to break up the gangs and the
traffickers' networks organising human being traffic and
to arrest the "Snakeheads" for detention, confinement
and even execution.
The
Chinese national and provincial authorities asserted that
they were relatively satisfied by the results of the information
campaigns, various controls and preventive measures because
of the sensitive dropping in the number of illegal migrants.
They also wish to pursue their efforts.
If we have elements about information campaigns implemented
by the chinese authorities, a detailed identification
of the information campaigns lead in China can not be
feasible without the authorisation and agreement of China's
Central Government. It seems important to underline that
the central government exercises efficient and permanent
control over the whole security system, all the local
authorities and the whole country. Authorities in Beijing
attempt to stop illegal migration, and are preoccupied
by the reputation because of the illegal migration of
Chinese people, false document issuing, human being traffics
and other unlawful practices.
The
Fujian authorities claim to have made huge strides in
clamping down on the snakeheads.
They
are unwilling to take all the blame for the problem of
illegal immigration, claiming that more relaxed borders
across the EU are not helping. They also say the majority
of the snakehead gang leaders are not based in China,
but operate from abroad.
Lin
Jing Guo is the secretary of the Communist Party in Zhangang
town on the outskirts of Changle City: Many tough measures
have been taken to stamp out snakeheads, he says. "We
are educating people and are trying to impress on them
that snakeheads are illegal and bad."
In
the area of Zhangang
In
the area of Zhangang towards the tiny fishing village
of Baihu, one can see slogans on walls and buildings urging
people to "attack the snakeheads".
This
is part of the government information campaign against
the traffickers. Along the route, big houses stand out
among the more humble, run-down buildings.
Baihu
is home to about 50 fishing families. It overlooks the
Taiwan Strait, facing North America, the land of hope
for millions of Chinese. There was a time when some fishing
boats were used to bring illegal immigrants to bigger
ships, which then transported them abroad.
There
are tight restrictions on the fishermen coming to and
from Baihu.
Lin
Jing Guo explains they must register before they leave
and say how many people they have on board. And they must
also register on their return to port.
The
village consists of one row of dilapidated houses, a small
harbour and the fisheries office. Three men sitting on
a wall overlooking the sea are among a group of locals
paid 30 yuan (about $3.60) a day to patrol the beaches
to ensure no illegal immigrant activity is going on. The
patrols are among the new measures introduced to curb
snakeheads.
It
is hard to find anyone who will defend snakeheads.
Fisherman
Ke Feiyun says that while life on the boats is tough,
he does not think illegal immigration is the answer. He
says he is against snakeheads. "They are taking money
from people and promising them great things. We are doing
all right here."
The
deputy mayor of Changle, Zhang Xing Kui, says the city
has established an anti-snakehead working group. Rewards
of between 2,000 yuan and 10,000 yuan ($240 and $1,204)
are offered to anyone with information leading to the
arrest of snakeheads.
He
says the Dover case made people very angry. "They
feel exploited and cheated. They want strong punishment
for those responsible."
The
city is concentrating on improving the quality of life
for people and attracting more investment, so they won't
feel the need to emigrate, he adds.
The
gangs who organise illegal immigration from China have
now set their sights on Western Europe, following a clampdown
in the last 18 months in Canada and the US.
It
is much harder to control the land and air routes to Europe
than to North America. Hong Kong airport - with 30 million
people passing through it every year - is a favoured hub.
Forged
British National Overseas passports are often used, offering
visafree access to 80 countries from the former colony.
Police
say the main overland smuggling routes are through Russia
and into Western Europe via Hungary or the Czech Republic.
Between seven and 10 gangs are estimated to control the
trade from China to Britain.
Ying
Chang, a professor in journalism at Hong Kong University
and an expert on illegal immigration, tells The Irish
Times that while the Dover tragedy did help focus world
attention on human trafficking, nothing short of a concerted
international effort will bring about an improvement.
The
reality is that in developed countries, including the
Republic, there is a huge demand for cheap labour and
often this is filled through illegal immigrants.
The
Guangdong police in 2000 : campaign - operation FOX
Last
year, the Guangdong police have arrested many hundreds
of suspects linked to secret criminal societies, illegal
migration and seized caches of weapons and drugs in a
month-long joint action in 11 cities in the Pearl River
Delta. The suspects include 46 from Hong Kong, Macao and
Taiwan.
The
action has dealt a heavy blow to secret societies active
in the southern Chinese region. Police have detained a
total of 849 suspects linked to 39 criminal cases which
involved secret societies from Hong Kong, Macao and Taiwan.
The wave of arrests in Guangdong have taken place in a
major police campaign, Operation Fox, launched in mid-November.
Seven
of those arrested had been on the police wanted lists
of Hong Kong, Macao and Taiwan, said Zheng Shaodong, deputy
director-general of Guangdong Provincial Bureau of Public
Security on Saturday. He said this at a press conference
in the provincial capital.
Operation Fox will continue throughout this year as the
police aim to crack down on illegal activities of secret
societies and organized criminals throughout the region.
The move will ensure a good and stable social order for
the first anniversary celebration of Macao's return to
the motherland.
The
campaign also shows that Guangdong and other provinces
and regions on the mainland were not havens for criminals
from Hong Kong, Macao and Taiwan.
Guangdong
police have never relaxed their vigilance in fighting
secret societies and, organized and cross border crimes
in recent years : "According to Chinese laws, the
mainland authorities will have every right to detain,
arrest, try and punish those who had involvement in any
crimes on the mainland." Guangdong police have the
ability and capacity to ensure stable social order to
help economic growth". The police promised to further
co-operate with his Hong Kong and Macao counterparts to
fight cross-border crimes and organized gangs in the years
ahead.
The
number of secret society activities and organized criminals
has declined thanks to the joint efforts of police in
Guangdong, Hong Kong and Macao since the beginning of
the year.
But
criminal activities organized by secret societies and
gangs still take place in this prosperous southern Chinese
province, threatening its social order and threatening
the economy from flourishing.
These
criminal activities have included operating secret private
banks, cross-border drug-trafficking, gambling in Hong
Kong's horse racing and its lottery, organized illegal
immigration, robbery, loan sharking, kidnapping and prostitution.
Investigation
: Guangzhou Municipal Bureau of Public Security
Guangzhou
Municipal Bureau of Public Security cracked down on a
secret private bank in the city's Rongtailu on December
1, 1999. The bank mainly engaged in exchanges of foreign
currencies for Taiwan investors who have established projects
on the mainland.
In previous years, Guangdong police have worked well to
crack down on cross-border crimes and gangs.
The
co-operation between Guangdong and Hong Kong in fighting
cross-border crimes began as early as 1981.
Both sides have now established a special liaison officer
system and a 24-hour hotline to strengthen bonds.
Senior
police officers from Guangdong are still discussing this
year how to work even more to fight against crime, illegal
migration, and human being traffic.
East
China city wages war against human trafficking
In may 2001, Police in the capital of east China's Fujian
province have announced an all-out fight against human
trafficking through the end of this year.
A
spokesman for the Fuzhou Municipal Public Security Bureau
said they will improve their supervision over fishing
ships, wharves, ports in coastal areas under the jurisdiction
of the capital city.
Each
of the fishing ships, wharves, fishermen is being monitored
to prevent people smuggling, said the spokesman.
Police patrols in those areas and public places will be
beefed up for people suspected of possible illegal immigration,
said the spokesman.
The
coastal province of Fujian has been one of the major sources
of illegal immigrants to other countries or regions.
Fujian
police : 160 "Snake Heads" in five months
In
2001, the border police in the Eastern coastal province
of Fujian have arrested 160 "snake heads", a
nickname for criminals who organize and transport illegal
immigrants out of China, in the past five months.
The
police investigated 18 cases in the period, and detained
90 illegal immigrants, effectively checking the trend
of group illegal immigration.
A
police spokesman said targeting "snake heads"
is a key measure to obstruct illegal immigration. The
enhanced crackdown campaign has force over 20 fugitive
"snake heads" to surrender to the police, according
to the spokesman.
The police department has decided to continue its efforts
in this regard through to the end of February, sources
said.
Campaign
against Chinese people smuggling
China
has announced this year a new campaign to try to combat
the increasing problem of human trafficking.
A
senior police official told the state news agency that
snakeheads -- gang bosses who specialise in smuggling
people out of the country for high fees -- would be given
harsh penalties.
Border
guards are being told to make the campaign a priority,
and efforts are being concentrated in five coastal areas.
Australia and the United States are the most popular destinations
for illegal immigrants.
Australia has just announced new measures for dealing
with illegal immigration, following a big increase in
the number of people caught trying to get into the country
illegally -- including boatpeople.
6. Policies of other main partner of China : the United
States, Canada and Australia
•
Chinese legal and illegal migration and the United
States
Each
year, thousands of Chinese pay criminals known as "snakeheads"
tens of thousands of dollars for a chance to illegally
enter the United States and make their "fortunes."
They endure long, difficult voyages, months in hiding,
beatings at the hands of snakehead "enforcers."
When they get to the United States, they find themselves
trapped by debt and their illegal status.
In the united Sates : Where Do Most Chinese Illegal Aliens
Originate?
Due
to a variety of cultural and geographic factors, the majority
of Chinese illegal aliens originate from just a few places
in China. The region along the east coast of China is
a source of extensive illegal immigration to the United
States. In the past, most emigrants came from Guangdong
Province, but today most come from Fujian Province or
Wenzhou in Zhejiang Province. In each sending area there
is both ready access to ports of departure and enough
prosperity to make travel to the United States economically
viable.
Chinese
migration in the United States from Fujian Province or
Wenzhou in Zhejiang Province.
Guangdong Province
Before
World War II, 90 percent of the Chinese immigrants who
reached the United States came from an area the size of
Rhode Island (1,231 square miles or about 3,150 square
kilometers) in China's Guangdong Province1. Toishan County
sent so many immigrants to New York City's Chinatown that
until the 1960's fluency in the Toishanese dialect was
required of the Chinese consulate in New York2. People
from Toishan and the other areas around Guangdong's capital
Guangzhou (Canton) were separated from China's central
authority by thousands of miles and differences in the
spoken language, but they were close to large seaports,
including Hong Kong. Geographic and cultural isolation
coupled with access to departure routes provided early
migrants some impetus to leave. Political unrest and lack
of economic opportunity were also motivating factors.
As established Chinese boasting of American wealth or
suffering from loneliness encouraged their family members
and neighbors to follow them across the ocean by any possible
means, the United States saw a large influx of immigrants
from a small area of China.
Fujian Province
Today,
the majority of emigrants departing for destinations around
the globe originate in an area the size of Delaware (2,396
square miles or about 6,133 square kilometers) in China's
Fujian (Fukien) Province3. The current situation in Fujian
parallels the nineteenth century migration from its neighboring
province Guangdong. The mountainous region of Fujian lies
north of Guangdong and across the Taiwan Strait from Taiwan.
The Communists were careful to place state industries
out of the reach of Taiwan 4, and as a result Fujian became
a leader in economic liberalization. The placement of
export industries into coastal areas also contributed
to a successful Fujianese economy. Fujian supplements
light industry with natural resources such as coal, iron,
limestone, hydroelectricity, forestry and fishing and
traditional crops such as rice, sugar, tea and fruit5.
Only Guangdong is considered richer.
Two
distinct sub-cultures exist in Fujian. Different dialects
are used in the area around the major ports of Fuzhou
and Xiamen (Amoy). In Fuzhou, Fujian's capital a dialect
of Chinese is spoken which is unintelligible not only
to speakers of Mandarin and Cantonese, but also to speakers
of Minanhua (Southern Min dialect), which is prevalent
in Xiamen and Taiwan.
Fuzhou
City
Fuzhou,
the capital city of Fujian Province, has 1.5 million registered
inhabitants and an estimated "floating population"
of 250,0006. Substantial urbanization has been caused
by the conversion of farmland around Fuzhou into industrial
or special economic zones. Displaced workers from inland
China also come into Fuzhou hoping for economic opportunity.
The people from the Fuzhou area have a long history of
restless seafaring. The first Triad San Lian Hui originated
near Fuzhou7. Criminal networks use contacts developed
through historical smuggling of illegal goods to smuggle
people out of China. Most of the illegal emigrants come
from the counties around Fuzhou rather than from the city
itself, apparently because the city's residents average
higher levels of education and income than do the people
from the surrounding area8, in places such as Changle,
Lianjiang, and Fuqin.
Changle
City
Changle
City is located just southeast of Fuzhou. The registered
population in Changle is 600,000 people9, but in some
towns within Changle's jurisdiction, 50 to 85 percent
of residents are reported to be in the United States10.
The economies of many villages have been crippled by emigration.
Among those who left Changle were the 58 illegal immigrants
who suffocated to death in the back of a truck trying
to get into Britain from the Netherlands in June 2000.
The tragedy was publicized world-wide.
Lianjiang
County
North
of Fuzhou is Lianjiang County, which has a registered
population of around 600,00011. Of the 19 towns in Lianjiang,
Guantou and neighboring Tingjiang are the largest immigrant
sources. An estimated 1.6 million Chinese people in Hong
Kong, Macao and Taiwan were originally from Tingjiang.
Fuqin
City
Fuqin City is composed of 21 towns and lies on the coast
near Pingtan County, which has a reputation for sending
illegal immigrants to nearby Taiwan. Fuqin has abundant
factory work; nevertheless many residents leave to seek
economic opportunity elsewhere13. Residents of Fuqin traditionally
immigrated illegally to Japan, but following the Asian
financial crisis, increasing numbers of people from Fuqin
have tried to enter the United States illegally14.
Wenzhou City, Zhejiang Province.
Residents of Wenzhou have immigrated to form large communities
in Europe, especially in France, Italy and the Netherlands.
The area has now become the second-largest Chinese source
of illegal immigration to the United States15. In 1993,
when 10 Chinese illegal immigrants drowned after the Golden
Venture ran aground just outside New York Harbor, 40 of
the 286 passengers who tried to swim ashore came from
around Wenzhou16.
Wenzhou City is one of the largest cities in Zhejiang
province. Though the province of Zhejiang is largely mountainous
and isolated, it has a diverse economy. Zhejiang produces
more tea than any other province and has a wide variety
of manufactures, including paper, silk textiles, generators
and large appliances17. As in Guangdong and Fujian, the
economic success of Zhejiang seems to fuel rather than
dampen emigration.
Conclusion
From Guangdong, Fujian and Wenzhou decades of illegal
immigration to the United States have originated from
the East Coast of China. Cantonese immigrants have been
supplanted by the Fujianese as the dominant group in U.S.
Chinatowns. In the future, large Wenzhounese communities
may replace the Fujianese communities.
Human
Smuggling Persists Despite Lenient U.S. Immigration Policies
Despite
lenient U.S. immigration policies, smugglers are making
big money transporting illegal aliens into the United
States. Why? "It's all about greed," says James
Chaparro, director of anti-smuggling at the U.S. Immigration
and Naturalization Service (INS).
Worldwide,
human smuggling is a big business. While exact figures
for this underground enterprise are impossible to pin
down, estimates range anywhere from $4 billion to $14
billion per year, with $7 billion the most frequently
cited figure, Chaparro told The Washington File in a recent
interview. Informal estimates of illegal immigrants entering
the United States run to as high as 40,000 per year, he
said.
Chinese
smugglers - or "snakeheads" - charge fees ranging
anywhere from $35,000 to $60,000 per person, he said.
More money is to be made when migrants are sold from one
smuggler to another in order to collect their transport
fees, Chaparro said. With increasing frequency, rival
smuggling gangs will steal migrants from each other, oftentimes
at gunpoint, he said. In one case in Phoenix, Arizona,
a gang attempt to steal illegal migrants ended in three
deaths, including that of a 15-year-old boy, Chaparro
said.
"We're
seeing an escalation in violence in smuggling gangs,"
Chaparro said, not only between gangs but also against
immigration agents. "It's not at all uncommon for
U.S. agents along our borders to be shot at or assaulted
with rocks and other weapons," he said.
U.S.
Policy
"The
United States has one of the most generous legal immigration
policies of any industrialized country," Chaparro
said. "The number of programs that allow people to
come to the United States legally is huge."
According
to INS statistics (The Triennial Comprehensive Report
on Immigration or May 1999), an average of 830,000 foreign-born
individuals were admitted to the United States for lawful
permanent residence each year between 1992 and 1994. This
figure is expected to grow to about 900,000 per year.
"The
focus of the U.S. government's policy is that we want
to encourage legal immigration while at the same time
shutting the door to illegal immigration, because it's
only through legal immigration that you can have faith
in our nation's laws," Chaparro said.
The
rule-of-law that helps make the United States such a prosperous
nation and attractive place to live doesn't much help
illegal aliens. They live in fear both from the smugglers
to whom they owe money as well as U.S. authorities.
Alien smugglers, Chaparro said, "are ruthless and
greedy. They will subject people to all sorts of dangerous
conditions in order to circumvent the immigration laws
and bring them to the United States."
Illegal
migrants, he said, "are endangered from the moment
they leave their homes until the moment they get to the
United States."
Once
in the United States, illegal aliens oftentimes are exploited
and abused by the smugglers as well as their employers
who know the migrants are too afraid to go to U.S. authorities,
Chaparro said.
Illegal aliens, however, can get some help under U.S.
laws, according to Chaparro. He noted that the S Visa
(which allows for permanent U.S. residence) is available
for people who cooperate with U.S. authorities in investigating
certain types of crime committed in conjunction with human
smuggling, such as extortion, hostage taking, and kidnapping
for ransom.
"Some
of the cases where we've seen S Visas granted aren't always
for the 'kingpin' smugglers," he said. "It may
be for a smuggler who was particularly dangerous or particularly
brutal; and as such it's an important case," Chaparro
said. He cautioned that only a few hundred S Visas have
been authorized. "I don't want to put the word out
that if you come forward that it's a guarantee that you're
going to have a ticket to stay in the United States,"
he said. "These things are looked at very carefully."
U.S.
laws prohibit the use of force or threats to make someone
work -- especially in prostitution -- to pay off a debt.
Those who are forced to work or held against their will
can get help from the U.S. government by calling the National
Worker Exploitation Complaint Line operated by the U.S.
Department of Justice and U.S. Department of Labor. The
toll-free number - 1-888-428-7581 - offers services in
several languages, including Chinese.
Who
are the Smugglers?
Human
smuggling is a crime committed both by opportunistic "entrepreneurs"
as well as more traditional organized crime groups, according
to Chaparro.
"Clearly,
there are organized criminal groups participating in alien
smuggling of PRC (People's Republic of China) nationals,"
he said. "We see very well organized, very well connected,
established Triads that are actively engaged in not only
alien smuggling but other criminal activities - money
laundering, prostitution, illegal gambling. These organizations
will engage in a variety of illegal activities to make
a profit."
"We
also see 'crimes of opportunity,'" Chaparro said,
involving, for example, business owners who bring in illegal
aliens. "They may not be organized smugglers, but
they see this as an opportunity to recruit some cheap
labor to work in their company or their factory."
Some
fraud facilitators - for example, those who produce counterfeit
visas -- operate independently and not in an organized
fashion to get illegal aliens into the United States,
Chaparro said. Others are working in direct coordination
with larger scale smuggling syndicates, he said.
Economic disparities among nations, dissatisfied populaces,
and the huge profits will keep alien smugglers in business
for the foreseeable future, Chaparro said.
"Smugglers
are becoming more and more sophisticated," he said.
It's not at all uncommon for us to see smugglers using
e-mail and encrypted cell phones and GPS (Global Positioning
System) navigation equipment as they're walking through
the desert. And the reason they can do this is because
the profits are so high."
Human
Smuggling and U.S. Laws
As
more public attention is being focused on the crimes involved
with human smuggling, legislators will be under more pressure
to target the most serious offenders, Chaparro predicts.
The
U.S. Congress provided law enforcement with a powerful
tool in 1996 by making alien smuggling a RICO offense,
Chaparro pointed out.
(RICO
-- Racketeering Influenced and Corrupt Organizations Act
-- is a federal statute originally enacted in 1970 to
control organized crime. In the early 1990s, the law was
expanded to target non-traditional organized crime groups.)
"RICO is tremendous not only for prosecuting the
illegal criminal enterprise but also for going after assets
that are derived as a result of that criminal activity,"
Chaparro said.
"Congress
gave us the ability to conduct wire taps - Title 3 Wire
Intercepts - which has been for us a powerful tool in
really getting at the high-level smuggling organizations,"
he added.
Congress
has also granted law enforcement the authority to conduct
proprietary investigations, Chaparro said.
"For example, we had a recent case - in the 'Houston
Operation Night Riders' - where we (law enforcement personnel)
posed as a load house or a drop house operator and we
actually had smugglers bringing people to us. We had numerous
successful prosecutions develop out of that case at a
fairly high level."
In
addition, mandatory minimum sentences have been established
for smuggling for financial gain or through areas other
than ports of entry, he said.
Heavier
penalties are being assigned to alien smuggling crimes,
Chaparro said.
"Just yesterday we had a person in Los Angeles (California)
who was sentenced to life in prison for alien smuggling,"
he said. " We had a Houston (Texas) case where a
person who was involved in alien smuggling/hostage-taking
was sentenced to 27 years on prison."
A
smuggling-related incident in Phoenix, Arizona resulted
in five perpetrators being sentenced to six consecutive
life terms in prison, he said. "So we have seen some
very significant sentences."
Chaparro
acknowledged that penalties for alien smuggling are not,
on average, as stiff as those for drug trafficking. "But
for the smugglers who are engaged in the large-scale organizations,
there can be very serious consequences," he said.
"And if there's danger involved for the migrants,
or death or injury of migrants, the sentencing enhancements
that go along with that type of criminal conduct can be
tremendous."
The
International Response
While
the United States is a major destination country for illegal
immigrants, Western Europe, Japan, Australia and other
nations are experiencing large influxes of undocumented
migrants as well. "It is truly a global problem,"
Chaparro said.
To
deal with this growing surge of illegal migrants, the
United States and 78 other countries signed the United
Nations Protocol Against Smuggling Migrants in December
2000 in Palermo, Italy. The protocol will go into effect
when 40 of these countries have ratified it.
"The
simple fact that this issue has been put on the 'front
burner' in such a high-profile environment has really
made a lot of countries take a more serious look at alien
smuggling and illegal migration," Chaparro said.
"For
example, the disrupt operation we just completed in Central
and Latin America - 'Operation Crossroads International.'
We had 13 Central American and Caribbean countries participating
in a very concentrated effort to combat illegal migration
in those countries for aliens destined to the United States,"
Chaparro said.
"In
just a two-and-a-half week period, there were 38 smugglers
arrested and approximately 7,900 migrants who were interdicted
trying to transit to the United States and subsequently
repatriated to their home countries.
"So
the fact that these governments participated in such a
large-scale operation really shows their commitment to
controlling illegal migrations," he said. Nonetheless,
laws vary greatly towards illegal migration in various
countries.
China,
for example, has laws prohibiting people from leaving
the country illegally as well as stiff laws against corruption
and forged documents, Chaparro said.
Chinese
government officials, he said, are starting to take a
serious look at the migration issue. "But it's a
difficult balance for them, I think, policy wise, because
expatriate Chinese who reside around the world send a
large amount of money to China every year," he said.
"It definitely helps the economy."
With
more than a billion people to contend with and unemployment
a problem, China has in the past encouraged migration
to other parts of the world, Chaparro said. So the attitude
in China, he said, is that migration is helpful in some
ways.
Yet
Chinese officials recognize that illegal migration contributes
to corruption and fraud problems within China. "The
biggest problem is that Chinese nationals who leave the
PRC often find themselves in pretty desperate situations,"
he said.
The Chinese government has cooperated with the United
States, he said, on a number of illegal smuggling cases
- most notably that of the notorious Cheng Chui-ping,
or "Big Sister Ping."
Cheng
ran a sophisticated operation that moved as many as 3,000
illegal Chinese aliens to the United States. She was arrested
in April 2000 in Hong Kong after a worldwide hunt led
by U.S. law enforcement. Hong Kong Chief Executive Tung
Chee-hwa recently signed her extradition orders to the
United States. If convicted of federal racketeering charges,
Cheng could face life imprisonment without parole.
"The
simple fact that the Chinese government allowed the extradition
to go forward is a good example of their willingness to
cooperate with us, especially on such a high profile case,"
Chaparro said.
Chinese
authorities have also successfully interdicted several
vessels attempting to leave China illegally, he noted.
"As
with any country, there is always room for some improvement,"
Chaparro said. "We would like to see closer cooperation
on law enforcement issues and sharing of intelligence
on smuggling organizations. But I think they've come a
long way in the last several years."
Economically
vibrant Taiwan is an important transit country and --
to a smaller extent -- source country for illegal migrants,
Chaparro said. There the major problem is fraudulent Taiwanese
passports that are provided to illegal PRC migrants, he
said.
Taiwanese
officials, Chaparro said, have been willing to cooperate
with American law enforcement on a number of illegal migration
issues, especially those involving "hijacked"
Taiwanese fishing trawlers that smuggle aliens to Guam.
Thailand - both a major source and transit country for
illegal migrants - has been especially willing to cooperate
with U.S. law enforcement officials, according to Chaparro.
"They
have a very large counterfeit document trade in Thailand,"
Chaparro said. "We've had some tremendous successes
with the Royal Thai Police on going after these organizations
and seizing literally thousands and thousands of fraudulent
passports for people who had been destined for the United
States."
Chaparro acknowledged that there is a fair amount of sympathy
for illegal migrants, both in the United States and in
other countries. "These people are oftentimes in
dire straits in their countries," he said.
"You
can't blame a lot of these people for wanting to come
to the United States. There is tremendous economic opportunity
here. Unfortunately, they are often sold a false bill
of goods by the people who recruit them."
The
major issue, Chaparro said, is the smuggling operations
that prey on the desperation of the migrants. "That
really has to be the focus of the majority of our law
enforcement efforts, because the smugglers really put
these people at great risk," he said.
State
Department Programs to Combat Trafficking in Persons
In
December 1993, the Secretary of State expanded the mandate
of the Bureau for International Narcotics and Law Enforcement
Affairs (INL) to formulate policy and coordinate inter-agency
programs designed to combat international organized crime
and strengthen criminal justice institutions in emerging
democracies.
Since
1996, as part of its anti-crime program, the Bureau for
International Narcotics and Law Enforcement Affairs has
funded over $9 million in programs listed below to address
trafficking and violence against women and children. INL's
programs are conducted by U.S. non-governmental organizations
(NGOs) through grants, federal law enforcement agencies,
and international organizations. This year, for the first
time, we are asking numerous embassies and consulates
to work with local NGOs and government ministries to develop
proposals for INL consideration.
Global
Programs
UN
Protocol on Trafficking in Persons, Especially Women and
Children. Last December in Palermo, Italy, over 120 nations
gathered to sign the United Nations Convention against
Transnational Organized Crime and its two supplementary
protocols on trafficking in persons and migrant smuggling.
Eighty-one countries signed the Trafficking Protocol.
More countries are expected to sign the protocol pending
approval from their respective parliaments.
In April 1998, at the UN Commission for Crime Prevention
and Criminal Justice, member states adopted an INL-drafted
resolution on trafficking in women and children. The INL
Bureau has had the lead over the last two years in negotiating
this protocol for the United States. The trafficking protocol,
for the first time in history, defines "trafficking
in persons." This protocol provides a framework for
countries to do the following: criminalize trafficking;
provide victim protection and assistance in appropriate
cases; provide victim rehabilitation; address the status
of the victim in the receiving state; return trafficking
victims without delay; implement law enforcement measures
against the traffickers; strengthen border controls; provide
security of travel documents; verify validity of documents;
and prevent trafficking through public information campaigns.
The next step for the signatory countries is to ratify
and implement these instruments.
The
Protection Project. Dr. Laura Lederer, with Johns Hopkins
University, has developed an interactive database on U.S.
and international legislation protecting women and children
from commercial sexual exploitation. The database includes
a comparative analysis of laws and penalties, situation
reports on each country, maps, case studies, and victim
testimonials. This database is available on web at www.protectionproject.org.
"Be
Smart Be Safe" Brochure. This brochure, targeted
to potential victims, describes the tactics criminal groups
use to coerce and traffic women, the risks of trafficking,
what women can do to protect themselves against illegitimate
groups, what are victims' rights in the U.S., and how
women can get help while in the United States. The brochure
has recently been distributed to 27 U.S. embassies in
24 different languages. Plans are underway to disseminate
the brochure to more U.S. embassies. The brochure is available
online at http:/usinfo.state.gov/traffic/besmart.htm.
Federal
Law Enforcement Training. INL funded four federal law
enforcement agencies to conduct specialized training to
combat violence against women and children in Russia,
the Czech Republic, Estonia, Latvia, Lithuania, Tajikistan,
Armenia, Uzbekistan, Moldova, Ghana, Namibia, South Africa,
Angola, Botswana, Zambia, Swaziland, Malaysia, Thailand,
India, Costa Rica, Nicaragua, El Salvador, Guatemala,
and Panama.
Conference
to Combat Child Pornography on the Internet. The U.S.,
the European Union, and Austria co-sponsored an international
conference to combat child pornography on the internet
September 29-October 1, 1999, in Vienna, Austria. INL
provided some funding for the conference. The conference
objectives were as follows: 1) reinforce cooperation between
law enforcement and the judiciary; 2) encourage Internet
Service Providers (ISPs) to establish self-regulatory
mechanisms; and 3) encourage the establishment of further
hotlines and networking.
More
Nations Cooperate to Fight Alien Smuggling, Trafficking.
More nations are recognizing the problem of alien smuggling
and joining together to combat it, says Jim Puleo, director
of the State Department's Bureau of International Narcotics
and Law Enforcement Affairs.
"There
has been, I think, more enlightenment about the problem
in both the transit and sending countries," he said
in a recent interview with The Washington File.
"It's
ironic how many countries just a few years ago did not
criminalize the act of smuggling, and so it was difficult
for us to ask them to do something about the problem when
they didn't have the statutory ability to do so,"
he said.
"About
four or five years ago, only one country in Central America
had laws against smuggling. Now everybody has a law against
smuggling except for one country -- Costa Rica."
"Currently
there are no international treaties or agreements to deal
with smuggling," Puleo said. "There are on slavery,
on prostitution, but they don't specify smuggling or trafficking."
There
are, however, discussions within the United Nations Crime
Commission to establish protocols to deal with smuggling
and trafficking and to distinguish between the two.
"The
easiest way to explain the difference between smuggling
and trafficking is to consider two concentric circles,"
Puleo said. "Everybody is smuggled. But there are
part of those who are smuggled that are trafficked --
what distinguishes one from the other is the deception,
the coercion, the kidnapping, the force....
"If you look at smuggled migrants, usually they come
to the border and then are released. They pay for the
privilege. They ask to be smuggled into a country."
Trafficked
immigrants, on the other hand, find themselves unable
to escape the control of the people who brought them into
the country illegally, Puleo explained. For example, criminals
promising jobs as dancers frequently lure Eastern European
women to the United States. When the women get to their
destinations, they find themselves forced into prostitution.
They are kept in permanent bondage.
Puleo
acknowledged that making the distinctions between illegal
immigrants who are smuggled versus those who are trafficked
is difficult. But establishing the definitions is important,
he said, because there are certain benefits that would
accrue under a United Nations trafficking protocol that
would not under the smuggling protocols now under consideration.
Whether
smuggled or trafficked into the United States, the illegal
immigrant has broken immigration law, Puleo emphasized.
These immigrants will be deported when discovered. But
if they become smugglers or traffickers themselves, or
aid smuggling ventures, the immigrants are subject to
U.S. criminal statutes.
Currently, U.S. immigration laws impose on smugglers a
10-year-prison sentence for each immigrant smuggled. In
practice, however, smugglers receive sentences of 24 to
68 months and then are deported, Puleo said.
According
to Puleo, the Chinese government has been "very helpful"
in combating the snakeheads attempting to smuggle immigrants
into the United States. China has a coastal patrol, but
no ocean-going navy, which limits their capacity to catch
smuggling ships, he noted. Nonetheless, China has intercepted
a number of these vessels and put smugglers in jail, Puleo
said.
Puleo
emphasized that the United States will not abate its efforts
to intercept and repatriate immigrants attempting to enter
the United States illegally. "There is a legitimate
way of coming into the county, and they (immigrants) should
use the 'front door' instead of the 'back door,'"
he said.
Chinese
Migrant Smuggling: an Opportunity for U.S.-China Cooperation
The
conscience of the international community is drawn to
the issue of worldwide smuggling of Chinese citizens when
illegal immigrants are found to be living in "safe
houses," working in sweatshops or even drowning within
sight of the Statue of Liberty. Smuggling is a strain
on relations between China and the United States because
they are the major sending and receiving countries of
these illegal migrants. The United States and China could
undertake initiatives that are grounded in a comprehensive
understanding of the scope and factors of smuggling and
in a spirit of cooperation to reduce this problem.
The
annual business of human trafficking, with its links to
criminal activity and underground economies, is reported
to be valued at $5 billion to $7 billion. There are no
accurate data reflecting the number of illegal Chinese
immigrants. Chinese sources state that in the early 1990s
an estimated 500,000 illegal Chinese were living temporarily
in Russia, Eastern Europe, Southeast Asia and Latin America
with the intention of settling in the United States, Australia
or Western Europe.
There
is a theory that "push" and "pull"
factors provide the impetus for international migration
flows. The push factors originate in the country from
which citizens emigrate and may include economic deprivation,
unemployment and population policies. The pull factors
of the receiving countries are higher incomes, employment
prospects and policies allowing the possibility of work
and citizenship. The push factors in China and the pull
factors in the United States interact to create opportunities
for smugglers to fulfill a demand.
The
irony of economic growth is that this development in China
has created push factors. Although economic reforms have
improved living standards in some areas, they have also
created greater awareness of better conditions elsewhere
and have fueled the desire to undertake risks to go abroad
illegally. China’s income differentials, population growth,
governmental corruption and increasing unemployment are
factors that contribute toward illegal immigration. Economic
reforms have led to uneven growth and have unleashed at
least 20 million workers from government-owned industries
into the pool of unemployed labor. Migrants are vulnerable
to exploitation by smugglers who attract people with promises
of jobs. Economic inequities, the feeling of relative
deprivation and the west’s capacity to absorb cheap labor
lure the Chinese abroad and inhibit attempts to decrease
or end smuggling.
Government
corruption and collusion with smuggling triads in China
and in transit areas, especially in Taiwan and Guatemala,
frustrate attempts at solutions. Government collusion
in China is not an unfounded fear; China’s Minister of
Public Security Tao Siju has admitted that the police
have had contact with triad organizations.
The
Chinese military also is reportedly involved in smuggling
and profits from it. China’s government at the local level
houses corruption and has even less incentive to act against
the trend because Chinese who leave help their hometowns
by sending money to family members and local charities.
Central American countries that rely on Taiwanese government
aid have become strategic locations for the smuggling
operations of Taiwanese triads and remain the Achilles’
heel of U.S. border control. The United States has experienced
corruption also; in July 1996, an Immigration and Naturalization
Service agent carrying fraudulent documents with the intention
of delivering them to illegal immigrants was arrested
in Hong Kong.
The
Chinese government’s main interest in maintaining stability
and peace pervades its actions and there are few internal
forces that encourage the government to prevent smuggling.
The emigration flow may in fact lessen pressures on the
Chinese government by reducing unemployment and creating
the possibility that emigrants might become successful
and invest in China. The ability of the Chinese government
to meet social needs, especially employment, is crucial
to maintaining its legitimacy in the eyes of its citizens.
Since
economic growth will be the most significant factor in
easing the problem of smuggling, the most valuable contribution
the United States can make toward reducing the push factors
of migration is the encouragement of trade and more economic
reforms in China. Permanent normal trade relations, which
de-links international trade and domestic issues, will
promote a stable trade environment that will increase
Chinese citizens’ access to opportunities, information
and products. China should proceed with economic reforms
despite the temporary economic and social dislocations
and remain involved internationally. Engaging China in
the international arena will lead the Chinese government
to improve aspects of its system that are now causing
people to flee. The Chinese government’s willingness to
act according to international standards is evidenced
by its implementation of economic reforms upon recommendation
by the World Bank and the International Monetary Fund
since the 1980s.
The
United States should employ its leverage to encourage
the international community to combat smuggling through
new legal and financial approaches. The European Union
has already developed an international police force to
combat smuggling; other regions could adopt a similar
strategy. The international community should enter multilateral
agreements to provide for increased vigilance and enforcement
because the existence of lenient laws and the prospects
for high profits are reasons why smugglers prefer to deal
in people rather than drugs or consumer goods. For instance,
although Honduras, Nicaragua and Panama recently declared
human smuggling a crime, smuggling rings continue to operate
there without the risk of punishment.
International
financial assistance programs that work at the grass-roots
level to improve social stability, employment and infrastructure
development would help reduce the push factors. The United
States should gather international support for assistance
programs that contribute to all levels of society in China,
from agricultural development to professional training.
The United States should reconsider its own economic policy
toward China and offer assistance through the U.S. Agency
for International Development.
The
pull factors of international migration provide opportunities
for both China and the United States to coordinate efforts
to end smuggling. In China, reports from the large overseas
Chinese community and imported movies contribute to the
common perception is that life is better in the United
States. The sense of relative deprivation in China is
confirmed when Chinese who have succeeded abroad invest
in their hometowns by building new homes and ancestor
graves. American and Chinese officials could launch an
information campaign to limit the attraction of emigration.
For example, they could provide immigration officials,
especially those in coastal China, with realistic information
about the hardships of illegal immigrants. The grounding
of the Golden Venture near New York City in 1993 and the
fates of those who drowned or were detained for years
provide a morbid example of the risks of illegal immigration.
Greater
American immigration vigilance at sea since the Golden
Venture incident has resulted in increased Chinese migration
to Europe and the use of airplanes as a means of transport
instead of ships. Consistent training of customs and immigration
officials would be beneficial to all countries. The international
community could work together by training immigration
officials to guard against the use of false documents
at airports.
The
American policies of citizenship and asylum are additional
pull factors. China has urged the United States to end
asylum rules. After 1990, when President Bush ordered
"enhanced consideration" of asylum requests
by people escaping forced sterilization or abortion, the
number of illegal Chinese entering the United States increased.
Since President Clinton’s endorsement of a plan against
smuggling in 1993, asylum requests based on population
policies have been mostly rejected. The United States
could enact laws that would continue the tradition of
asylum rules but promptly return economic migrants who
are not seeking refuge from persecution and impose higher
penalties for those who succeed in entering illegally
again.
Human
smuggling requires international efforts led by the United
States to share immigration and legal information and
to provide financial assistance for China’s development.
The destabilizing forces that create the smuggling market
will persist along with uncertainty about how China will
manage its large-scale problems. Recent developments such
as PNTR provide hope for improved societal and economic
conditions within China. The United States and China should
continue to engage in the international trade arena in
ways that will enable the Chinese to realize their productive
capabilities within China’s developing economic system.
• Chinese legal and illegal migration and Canada
Some
36 Chinese migrants were found in a cargo container in
Vancouver in April 2001; 35 applied for asylum.
In
the summer of 1999, some 600 Chinese migrants landed on
Canada's west coast after crossing the Pacific in several
ships. As of April 2001, some 340 had been returned and
24 had been granted refugee status- the others are in
detention, awaiting court hearings or have been released
into the community pending further action.
In
an interview, one of the Chinese who received refugee
status described the trip. He said he paid $2,500 upfront
and promised to pay another $30,000 after he reached Canada.
He said that many Chinese want to live a country with
freedom and human rights and that they are concerned about
the Chinese government's continued crackdown on religious
groups.
Canada
: Summit of the Americas on April 22 and 23, 2001 in Quebec
City,
Canada,
host of the 2001 Summit of the Americas on April 22 and
23, 2001 in Quebec City, released a report showing how
Canada responded to previous SOA commitments (www.summit-americas.org/).
Previous Summits of the Americas were held in 1998 in
Santiago, 1996 in Santa Cruz, and 1994 in Miami.
The
Final Declaration states:
"We
recognise the cultural and economic contributions made
by migrants to receiving societies as well as to their
communities of origin. We are committed to ensuring dignified,
humane treatment with appropriate legal protections, defence
of human rights, and safe and healthy labour conditions
for migrants. We will strengthen mechanisms for hemispheric
co-operation to address the legitimate needs of migrants
and take effective measures against trafficking in human
beings."
The
Plan of Action approved at the SOA commits governments
to:
1.
Strengthen co-operation among states to address, with
a comprehensive, objective and long-term focus, the manifestations,
origins and effects of migration in the region;
2.
Promote recognition of the value of close co-operation
among countries of origin, transit and destination in
order to ensure protection of the human rights of migrants;
3.
Establish an inter-American program within the OAS for
the promotion and protection of the human rights of migrants,
including migrant workers and their families, taking into
account the activities of the IACHR and supporting the
work of the IACHR Special Rapporteur on Migrant Workers
and the UN Special Rapporteur on Migration;
4.
Commit to undertake the widest possible co-operation and
exchange of information among states concerning illegal
trafficking networks, including developing preventative
campaigns on the dangers and risks faced by migrants,
particularly women and children who often can be victims
of such trafficking, with a view to eradicating this crime;
5.
Establish linkages with subregional processes, such as
the Regional Conference on Migration and the South American
Conference on Migration, which are dialogue fora, in order
to exchange information on the migration phenomenon, as
well as promote co-operation with specialised international
organisations, such as the International Organisation
of Migration (IOM), in order to advance and co-ordinate
implementation efforts of Summit mandates.
The
1998 SOA in Santiago committed Western Hemisphere leaders
to 27 goals- number five was protecting the rights of
migrant workers and preventing discrimination against
migrants and their families. Canada cited its multiculturalism
policy, the Charter of Rights and Freedoms and noted that
the CBC and others have sought to promote the cause of
immigrants.
Canada:
Chinese Migrants
Between
July and September, 1999, Canadian authorities intercepted
four ships each with more than 100 Chinese migrants being
smuggled into Canada. Many of them planned to apply for
asylum in Canada and then enter the US. US intelligence
is supplying some of the information about the location
of ships suspected of smuggling immigrants: U.S. Coast
Guard ships have intercepted 20 ships carrying undocumented
Chinese in U.S. territorial waters around Guam in the
past 16 months. Australia intercepted 21 boatloads of
illegal migrants, primarily Chinese, in the last six months.
The
arrival of the Chinese started a national debate and aroused
some hostility—one of the boats was met on a dock in Port
Hardy by demonstrators shouting "Send them home!"
Canadian authorities were urged by local residents, as
well as by the Chinese government, to return the Chinese
quickly to China; the Chinese government agreed to accept
their return as soon as Canada proved they were Chinese.
The Chinese government said that there is "no such
thing as political persecution in China," and predicted
that if Canada grants asylum to some of the Chinese, more
Chinese would try to emigrate.
China's
Premier Jiang Zemlin claimed that Canada's lengthy asylum
application processes were encouraging Chinese to be smuggled
into Canada. According to reports, small Pacific island
countries such as Tonga and Nauru are selling passports
to Chinese that are then used to try to enter Canada and
other countries. Officials of China and Canada in Spring
1999 signed a memorandum of understanding to jointly fight
criminal activity, which Canada says would allow it to
send police to China to monitor people-smuggling activities
there.
Chinese
smugglers--called snakeheads for the way they place migrants
curled up like snakes under the deck in smuggling ships--recruit
migrants in south-eastern China, especially Fujian. In
recent months, migrants and their relatives have been
paying US$35,000 for passage to the US via Canada, with
several thousand dollars paid up front, and the balance
due on delivery in the US. After recruiting migrants,
snakeheads arrange their transport in ships, coach them
on how to apply for political asylum on arriving in Canada
and then arrange for them to go to the US.
The
Royal Canadian Mounted Police have hired a lawyer to take
action over allegations by the Canadian Council for Refugees
that they physically abused and verbally intimidated the
Chinese in their custody; the RCMP disputes the allegations.
Using
accelerated procedures, Canada's Refugee Board is expected
to make decisions by December 1999 on the asylum applications
filed by about 600 Chinese who came on the four ships.
In the first case considered in September 1999, the application
for asylum was rejected. Many Chinese apply for asylum
and disappear; arrest warrants were issued for 37 Chinese
from the first ship who did not show up for their asylum
hearings. According to the Canadian government, the initial
cost of providing food and shelter and processing the
600 Chinese migrants was C$2 million, with two-thirds
of the cost for immigration personnel.
In
Canada asylum seekers are not generally detained, as they
are in the United States. Instead, most are given work
permits or welfare benefits. One reason the Canadian government
does not detain asylum seekers is that it grants refugee
status to most of them: 54 percent of the 23,838 asylum
applicants in 1998 were accepted as refugees, compared
with 35 percent of 57,786 applicants in the US. The 1997
report, "Not Just Numbers: A Canadian Framework for
Future Immigration," urged Canada to detain asylum
applicants who arrive without documentation and pose a
risk of flight; detention, it was argued, would act as
a deterrent for false applicants.
However,
Canada has begun to detain all Chinese adults who arrive
on smuggling boats--429 were detained at the end of September.
Once
in New York, their chief destination, unauthorized Chinese
women who have children sometimes send them back to China
to be raised by relatives because they cannot afford to
raise their children in New York while working in the
garment industry or restaurants and repaying smuggling
debts. The New York Times on September 14, 1999 described
several Chinese mothers who had sent their US-born, and
thus US-citizen, babies to China because it was too expensive
to raise them in New York. It was estimated that 10 to
20 percent of the 1,500 babies delivered at the Chinatown
Health Center in 1998 were sent to China.
The
new Governor General of Canada—the Queen's representative--
is a Hong Kong-Chinese immigrant. There are about 900,000
Chinese-Canadians in Canada.
Canadian
provinces have begun to sue residents who sponsor immigrants
who arrive in Canada and obtain welfare. Since 1997, provinces,
and not just the federal government, can sue sponsors
for welfare payments collected by immigrants they sponsored—sponsorship
involves a 10-year pledge to support the newcomers.
Canada's
immigrant-investor program was described by a senior forensic
accountant at the World Bank as a "massive fraud"
in a report issued in September 1999. The accountant concluded
that many who entered as foreign investors, supposedly
to put their money in businesses or investment polls which
would create or preserve jobs, had, in fact, little money
at risk.
Consultants
prepared "offering memoranda" that, after approval
by provincial and federal governments, were used to solicit
investments, usually in Asia. After receiving foreigners'
funds, the consultants found Canadian businesses in which
to invest; the audit said the middlemen rather than Canada's
economy benefited from the program.
Some 16,667 foreigners—80 percent from Hong Kong and Taiwan—became
Canadian immigrants after investing C$150,000 to C$400,000
in Canada—the required investment was raised several times,
beginning in 1992. Beginning in April 1999, foreign investors
must deposit C$400,000 with a provincial government—one
report noted that there were no foreign investor visas
issued between April and August 1999.
Canada-US
Migration.
Despite
reports of Canadian professors moving to the US for higher
salaries and more opportunities, Statistics Canada in
a Fall 1998 report found that "there is little statistical
evidence in support of a large-scale exodus of knowledge
workers from Canada to the United States." Canadian
full professors earned an average of US$59,580 in 1998;
US full professors earned on average $72,721.
Statistics
Canada reported that that 4,600 of 300,000 members of
Canada's 1995 graduating class, or 1.5 percent of the
total, moved to the United States within two years of
graduation, with the highest rates of emigration among
those in health, engineering and applied science. About
20 percent of those who left Canada in 1995 had returned
by 1997, and half of those in the US in 1997 said they
expected to return to Canada eventually.
In
1998, a Canadian refugee board rejected a Czech family's
claim that they were Gypsies because the board said they
looked more "Pakistani or Turkish." In September
1999, the family won the right to have their ethnicity
reassessed. A federal judge ruled that it was "inherently
dangerous" to judge an applicant's ethnicity by physical
features. The judge added that the refugee board ignored
evidence that some Roma clans originated in India and
may be dark-skinned. The confusion over the Mitac family's
ethnicity might have been avoided, the court noted, if
a Gypsy interpreter had been available during the hearing
to confirm that the applicants were fluent in the Romany
language.
The
Toronto Board of Health is asking the Canadian government
to help pay for the costs associated with an outbreak
of tuberculosis; the Board says the disease is linked
to immigration. Between January and July 1999, eight cases
of TB were reported among the 340 Tibetan refugees who
entered the country; treatment costs C$250,000 a person.
A Toronto doctor said that 18 percent of the 60 Tibetans
screened have a history of active TB and 92 percent skin-test
positive, "which means at least that they have inactive
TB."
Ottawa
and Chinese Illegal's
Recently,
immigration officials warned the government months in
advance that a wave of illegal Chinese migrants might
be heading for the British Columbia coast, but no action
was taken to prevent last summer's armada, according to
documents obtained by the National Post.
The
officials predicted that smuggling rings might try to
land "large numbers," and said the relatively
lax treatment of people sneaking into the country, particularly
compared to the United States, made Canada a choice target
for the clandestine trade.
An
intelligence report prepared by the Ministry of Citizenship
and Immigration warned that a crackdown by United States
officials on marine landings has "raised spectres
that, despite the weather, rings may attempt to land large
numbers of Chinese illegally by boat along the British
Columbia coast."
The
report, which summarizes illegal Chinese migration into
Canada in 1998, states that the numbers of illegal Chinese
migrants to Canada will continue to increase because of
the Canadian policy of "immediate release" for
refugee claimants.
"The
prognosis for the Year of the Rabbit (1999) is that irregular
migration from the [People's Republic of China] will continue
to grow as long as immediate release offers the dual options
of access to the Canadian asylum system and the American
border," the report stated.
Nearly
600 Chinese arrived on the B.C. shore last summer, turning
up in overcrowded and filthy rustbuckets. Some migrants
were dumped by the smugglers on the fringe of the coastal
wilderness.
The
summary of the report warned that "rumours continue
of Chinese rings organizing boats to carry PRC citizens
illegally to North America," and noted that a successful
crackdown in the United States on illegal attempts to
enter by boat had made B.C. an even more attractive destination.
During
the last decade, tightened asylum procedures in Australia
and certain European countries also led Chinese migrants
to look elsewhere. Canada, meanwhile, took a step toward
making them more welcome. In 1993, four years after Tiananmen
Square, the number of Chinese claimants dropped to 414,
and Canada declared illegal Chinese migration "solved."
"As
a result, Canada has been increasingly targeted both as
a destination and for transit to the U.S.A.," states
the report.
Increasing
international controls "have raised the fees charged
by the rings" and changed the profile of the average
illegal Chinese migrant.
While
this section of the document, released under access to
information legislation, was heavily edited before being
released, it states that most migrants to Canada since
1993 have come through the credit-ticket system.
This
is a system in which the passage brokers are reimbursed
the charge of up to $50,000 per person after the migrant
lands in North America.
Increased
individual freedom in China has also paved the way for
the rise of illegal migration to North America, the report
notes, with sinologists predicting "the possibility
of a mass exodus of Chinese to North America in the next
decade, with 50,000 to 100,000 entering the U.S.A. illegally
annually."
Immigration
officials concluded that "the majority" of illegal
migrants from China "do not intend to stay around
to have their claims adjudicated," but rather plan
to go underground or to make their way across the border
to the United States.
Of
the 599 migrants from China's Fujian province who arrived
by boat last summer, 65 have failed to show up for refugee
hearings and are believed to have gone underground in
Canada or the United States. Elinor Caplan, the Immigration
Minister, in response to mounting public pressure, has
said she will consider measures to detain illegal migrants,
but has yet to introduce any legislation.
The
report is skeptical of the legitimacy of the migrants'
refugee claims, referring to "the continuing existence
of economic and political push/pull factors" and
the mail that claimants receive. "This mail traffic
of [portion black out by Immigration] after claims have
been entered in Canada suggests some individuals may have
little to fear in the PRC."
But
despite the questions surrounding the refugee claimants,
the rate of acceptance of the migrants by the Immigration
and Refugee board stands at 62%, compared with a global
acceptance rate of 57%.
One
significant development, noted in a summary of the third
quarter of 1999, is that the "massive crackdown"
by authorities in the Chinese coastal provinces of Fujian,
Guandong, Zheijiang, Liaoning and Guanxgi "appears
to have had some results."
On
Sept. 6, two ships bound for Canada carrying 131 migrants
were intercepted.
Canada
& new law : The proposed Immigration and Refugee Protection
Act
The
proposed Immigration and Refugee Protection Act would
impose fines of up to C$1 million and life in prison for
traffickers who are involved in the smuggling of ten or
more migrants, speed up the consideration of asylum applications
and detain some asylum applicants.
Immigration Minister Elinor Caplan said, "Closing
the back door to those who would abuse the system will
allow us to open the front door even wider -- both to
genuine refugees and to the immigrants Canada will need
to grow and prosper in the future."
Caplan
said that she wants to achieve the Liberal Party's election
campaign promise to increase the annual intake of immigrants
to one percent of the Canada's population - about 300,000;
in recent years, 200,000 to 225,000 immigrants arrived.
Caplan
travelled to China in April 2000, and said that Canada
would expedite the return of illegal migrants to China
and launch a campaign to warn young Chinese about the
dangers of "putting their futures in the hands of
snakeheads."
China
believes that Canada encourages illegal migration by considering
asylum claims from all those who arrive. Of the 599 illegal
Chinese immigrants caught in 1999 attempting to enter
Canada on boats, 11 were granted refugee status by April
2000, 356 remain in detention centres and about 100 cases
still have to be finalised—23 were returned to China.
China
announced a four-point program to discourage illegal emigration,
including education, increased police patrols, severe
punishment for smugglers, and more jobs for young people.
In
Changle, China has begun to announce the capture of migrants
leaving for North America, reporting that several hundred
were detained as they tried to leave coastal fishing villages,
presumably to link up with smuggling ships.
The
Royal Canadian Mounted Police has an officer in Beijing
to combat human smuggling, organized crime and international
fraud. An estimated 100,000 Chinese leave the country
illegally each year; 80,000 are believed to be from a
few counties in Fujian province.
Some
200 US citizens applied for asylum in Canada between 1995
and 1999; one American was granted asylum. A Black couple
claiming FBI harassment had their asylum application rejected;
they are appealing the decision.
Canada wants to dramatically step up information-sharing
with European countries
Canada
wants to dramatically step up information-sharing with
European countries in order to combat human smuggling.
That would mean exchanging such information as police
files on known traffickers, intelligence on the movement
of migrants and the travel routes being used, Caplan said
recently to a conference on illegal migration:
``Where there's a will to find ways to share information,
it can happen,'' ``We need to share information internationally
to help us figure out who's who and make sure that we're
dealing harshly with the criminals. ``There would be an
opportunity for Canada to link in with a European network
(of immigration control officers) and enhance our capability.''
`We need to share information internationally to help
us figure out who's who and make sure that we're dealing
harshly with the criminals.'
Immigration
Minister Elinor Caplan Caplan joined other immigration
and interior ministers calling for tough new measures
against human trafficking after 58 Chinese migrants suffocated
in a truck at the British port of Dover last month.
Caplan
said authorities must best the traffickers, who are adept
at global communications and information sharing.:
``These
are international networks with sophisticated communications,''
``If we don't do that on an international scale we're
not going to be successful.'' Caplan also pushed the other
ministers to support efforts to pass a United Nations
convention on organised crime, which includes protocols
on migrant smuggling and trafficking.
Canada
wants those U.N. protocols to contain strong provisions
for the deportation of illegal migrants - and an obligation
for their home countries to take them back. One of the
problems Canada has faced, even after it detects illegal
immigration, is to get countries such as China to agree
to take back migrants.
Caplan
referred to ``the obligation to deal with return of nationals.
We consider it essential to do that.'' She also coaxed
her European counterparts to allow more regular immigration,
telling them they might have fewer problems from illegal
migrants if they were more open about taking in regular
immigrants. ``Canada's experience reinforces the fundamental
importance of adopting a balanced approach as we confront
new and emerging trends in migration.''
``In
this context, the `zero immigration' policies of the past
are simply not viable.'' "I am convinced that the
question of migration will be one of the major issues
of the 21st century for Europe,'' adding that Europe will
absorb some 50 million immigrants in the next 50 years.
He
demanded greater co-operation between police forces and
said he planned to triple existing fines of $1,405 imposed
on transportation companies for every illegal immigrant
found travelling in their trucks, planes and boats.
• Chinese legal and illegal migration and Australia
Australian Immigration Minister Phillip Ruddock said stronger
measures are needed. Australia, he said, has prison terms
of up to 20 years for human smugglers. ``We must ask ourselves
whether we should stand by and let the people smugglers
decide who should come and live in our countries''.
Australia:
Boat People migration in 1999
Australia's
Minister for Immigration Philip Ruddock is urging passage
of the Border Protection Legislation Amendment Bill 1999,
to reduce the flow of boat people to Australia. Ruddock
said that 10,000 foreigners, many from the Middle East,
were getting ready to travel by boat to Australia.
About
1,700 foreigners arrived by boat in the first 10 months
of 1999, including 700 in the first two weeks of November—513
Iraqis and 147 Afghanis. One-third of the 8,646 asylum
applicants allowed to remain in Australia in 1997-98 were
from the Middle East. About 1,671 foreigners arrived illegally
on 35 boats between July and mid-November 1999; a total
of 2,500 on 50 boats in the first 11 months of 1999. Australia
estimates the cost of processing and returning each failed
asylum seeker at A$50,000.
On
November 2, an Indonesian boat carrying 352 illegal immigrants
was seized off the northwest coats of Western Australia,
the largest single seizure of migrants. Most of the migrants—each
of whom paid a smuggling fee of A$10,000-- were from Iraq.
The Indonesian crew faces charges under the Migration
Act for illegally bringing immigrants to Australia—penalties
can be up to 20 years in prison and fines of up to A$220,000.
On
November 22, five Indonesian fishermen were sentenced
to two years in jail for smuggling illegal immigrants
into the country. The sentence is the first since the
government introduced higher penalties for smuggling.
The
proposed new legislation would grant three-year Temporary
Protected Status to foreigners who arrived illegally by
boat and whose asylum applications were accepted. Australian
patrols would also be allowed to board suspect vessels
in international waters and to reject asylum applications
from foreigners who had applied for asylum in other countries.
The United Nations High Commissioner for Refugees endorsed
the Australian proposal.
Australia
noted the speed with which smugglers adjusted to policy
changes. After Australia began to detain Chinese and repatriate
them with the agreement of the Chinese government, the
Australia government believes, smugglers of Chinese migrants
shifted their boats to Canada. The government believes
that smugglers are encouraging Iraqis and Afghanis to
fly to Indonesia, where they are taken by boat to northwestern
Australia. People-smuggling is not a crime in Indonesia,
and Australia is trying to persuade Indonesia to change
its laws and to impose visa requirements on nationals
from some Middle Eastern countries.
Australia
has posted anti-smuggling specialists in Oman, Athens,
Bangkok, Islamabad and Teheran.
The
Australian government received backing for the proposed
legislation from the opposition Labor Party on November
22. Labor said that although it supported the new rules,
it did not think they would deter illegal immigration,
and added that its support was "essentially a vote
against queue jumping," which gives those who enter
Australia illegally the same treatment as those who are
legal immigrants.
Australia
- China - Approved Destination Status
Australia is one of only two western countries to be designated
as approved destinations for tourists from China. This
means that Chinese tourists are able to travel to Australia
more easily as part of pre-organised tour groups. As a
result, the number of Chinese tourists visiting Australia
is increasing significantly, providing a substantial boost
to Australia's tourism industry.
Background
The Approved Destination Status (ADS) was developed as
a result of co-operation between government and industry
in both Australia and China, in recognition of the increasing
interest in visiting Australia shown by the Chinese people.
Chinese
authorities designated a number of travel agents in China
to establish links with Australian nominated travel agents
to arrange group travel from China.
The
Australian nominated travel agents were selected by the
Inbound Tourism Organization of Australia (ITOA), now
known as the Australian Tourism Export Council (ATEC).
The first ADS visitors arrived in Australia in August
1999. Since then, over 32,000 Chinese ADS visa holders
have visited Australia.
The
Department's approach
The
Department of Immigration and Multicultural Affairs (DIMA)
introduced special arrangements to ensure the smooth operation
of the ADS system. These include certain safeguards to
ensure that travel agents and tourists comply with ADS
conditions. The arrangements include:
1.
The introduction of a visitor visa specifically designed
for group applicants from China. The arrangement provides
each member of the group with an individual visa, valid
for the period of the tour group itinerary, with no work
entitlements and no capacity to extend the length of the
visa, or change visa status within Australia;
2. Providing travel agents who have a proven record of
their tour groups complying with visa conditions, with
a streamlined service;
3. Taking appropriate action against the organizing travel
agents if any member of a group fails to return to China.
This may include the suspension of the travel agent from
the ADS program for a period of time.
Chinese arrangements
The
China National Tourism Administration (CNTA), in conjunction
with relevant agencies in Australia, have developed a
number of procedures to regulate the operation of travel
agents in China. These procedures include:
1.
restriction of ADS to registered residents of Beijing,
Shanghai and Guangdong province;
2. under PRC regulations, authorization of 22 travel agents
by the PRC Government to initially handle self-paid outbound
travel by Chinese citizens to Australia;
3. written agreements between agencies nominated by the
CNTA and inbound tourist agencies nominated by ATEC;
4. operators restricted to organizing group tours of no
less than nine members, with a Chinese tour escort. The
escort is responsible for keeping the group on schedule
and returning all travelers to China;
5. monitoring the performance of each agent by Chinese
authorities;
6. travel costs fully paid by the traveler;
7. a requirement that all travelers in every group must
return to China; and
8. sanctions for travel agencies who do not meet the required
standards; for example, financial penalties (imposed by
CNTA) and/or loss of their approved status.
Statistics
Overall
visitor visas issued to PRC citizens to travel to Australia
rose from 8,892 in 1991-92 to 106,512 in 2000-01.
In
2000-01, Australian immigration offices in China granted
106,512 visitor visas, an increase of more than 35% over
the previous record in 1999-2000. The figure comprised
67,232 visas for tourism or visiting friends or relatives
and 39,280 visas for business trips. More than 25,000
of the tourist visas were granted to members of tourist
groups under ADS in 2000-01.
1999
: Law enforcement co-operation with China
The
signing of a memorandum of understanding on law enforcement
co-operation between Australia and the People's Republic
of China marks a significant milestone in Australia's
law enforcement relationship with China.
The
Chinese Ambassador to Australia, Mr Zhou Wenzhong, signed
the memorandum with the Prime Minister and President Jiang
Zemin and the Australian authorities:
"The
increase in people to people contacts, trade and communications
between Australia and China in recent years has regrettably
been accompanied by a growth in transnational criminal
activity affecting our two countries.
We know, for example, that there are significant movements
through Chinese territory of illicit drugs destined for
the Australian market.
The recent upsurge in the arrival of illegal immigrants
by sea has included a large component of Chinese nationals.
If we are to address these developments effectively we
will need the help and co-operation of the Chinese law
enforcement authorities.
Chinese authorities are keen to take effective measures
to combat these criminal activities.
The Memorandum of Understanding we have signed today will
provide a framework for law enforcement agencies in Australia
to seek and obtain reciprocal assistance from their counterparts
in the Chinese Ministry of Public Security and vice versa".
The
forms of assistance contemplated under the Memorandum
includes:
•
exchange of information on offences and planned offences;
• location of suspects, missing persons and witnesses;
• taking voluntary statements;
• examining relevant objects and sites; and
• exchanging records, documents and technical information.
"This
assistance will be provided in accordance with each country's
laws and fundamental policies and in compliance with international
treaties. We expect that the Memorandum of Understanding
will promote enhanced co-operation between Australian
and Chinese police. In the longer term this co-operation
should impact substantially to reduce the level of transnational
criminal activity between Australia and China".
•
Information campaigns, illegal migrants and the partners
of China
The
earlier campaigns conducted by Australia, Canada and the
United States (documented information : leaflets, brochures,
booklets and posters) in their respective countries or
in the diplomatic representations in China provinces were
not successful due to : limited external campaigns (abroad
China) and a certain lack of understanding of the common
people's, mentality, and the Chinese culture in general
in China (messages and targeted groups). The European
Union can provide much more valuable information for the
current information campaigns in China, through their
know-how, as well as information sharing and not by imposing
to China a pre-established information campaign.
In
1999, eight boats carrying 544 illegal Chinese immigrants
were captured in Australia. All were repatriated to China.
Philip Ruddock and Andrew Metcalfe, deputy secretary of
the Australian Department of Immigration and Multicultural
Affairs, also visited Beijing and Fujian Province to discuss
how to reduce illegal immigration. A large-scale publicity
campaign was also launched in China and Australia to increase
awareness of the risks and punishments of illegal immigration.
Chinese police handled 1,300 illegal immigration cases
and captured 9,000 stowaways in 1999.
The
15th August 2000, twenty-two illegal immigrants have been
returned to China from Australia, according to a news
report released yesterday by the Australian Embassy in
Beijing. The news was confirmed by a Public Security Ministry
official who refused to be named. The plane carrying the
illegal immigrants arrived in Fujian Province on August
8, the official said. The stowaways had been detained
in Australia's Hedland Port after illegally landing in
the city of Cairns, the report said.
The
report quoted Philip Ruddock, Australian Minister for
Immigration and Multicultural Affairs, as saying that
the removal of the illegal immigrants indicated on-going
co-operation between the Chinese and Australian governments.
It also demonstrated the futility of trying to enter Australia
illegally, the minister said. The Public Security Ministry
official said the returnees have been transferred to local
procurators and will be punished according to the law.
Canada
also repatriated 180 illegal immigrants in two groups
to China in May and July. Except for minors and people
whose crimes were less severe, most of them will be prosecuted,
said a public security official. According to law, Chinese
nationals must get permission from local public security
departments before going abroad. Organizers of illegal
immigration usually are sentenced to two to seven years
in prison. Stowaways are usually fined between 1,000-5,000
yuan (US$120-602) and may have to spend a year in prison.
The public security official said the Chinese Government
will work more closely with Australia to fight illegal
immigration.
The
14th January 2001, the Chinese Government, in response
to the question of illegal Chinese immigrants detained
by the US, replied that China had consistently opposed
illegal immigration and had taken effective measures to
curb it. Chinese Prime minister said: "China has
enacted laws banning illegal immigration and strengthening
managements on the borders," adding that China also
kept up healthy consultation with relevant countries to
deal properly with the problems of illegal immigration.
However, Zhu warned that illegal immigration could be
encouraged if relevant countries easily believed some
illegal immigrants' lies and so-called "political
asylum" excuses.
Expert:
Pierre Picquart
© : for more information on our reports
& missions, mail to
Dr Pierre Picquart
|
Chine, Diaspora chinoise, Chinois d'Europe, de France et de Paris
China,
Chinese overseas, Chinese in Europe, France and in Paris
