由於各國對移民、入出境政策以及相關的管制措施，產生合法移民與入出境的人流，也因而產生非法移民及入出境的情形。而在非法移民當中，「人口販運」之情形是一種極端。人蛇集團在整個偷渡的過程更扮演催化劑的角色，他們為謀取販賣與質押人口的暴利，甚至親自經營色情行業，或配合色情業者需求，強迫賣淫和勞動為目的而販運男、女、及兒童，其規模及人數在大陸地區日益擴大，經營方式及走私手法也不斷創新。並且利用各種場合搜尋適當女性，運用各種方法將其運送來台或至他國，本研究主要是藉由蒐集人蛇集團「人口販運」及「人口走私」之具體個案，以瞭解人蛇集團販運人口之現況，探討兩岸人蛇集團形成的因素及其組織結構與販運流程，研擬防制策略，提出具體可行辦法。 / Because of the immigration policies and related management measures of all the countries, human flows including legal and illegal immigrations are created. Among cases of illegal immigration, “human trafficking” cases are at the extreme. Human smugglers play the role of catalysts in processes of stowing away. They sell humans for huge profits. Some of them even run sex-related businesses by themselves or cooperate with the pornography industry to make male, female, and child stowaways into prostitutes. The number of victims and the scale of these businesses have been growing in Mainland China. And there are more and more creative measures to run business and to smuggling humans. They look for suitable women in all kinds of places and send them to Taiwan or other countries through all kinds of channels. This study aimed to explore the current status of human trafficking by human smuggles and discuss the causes of human smugglers, structures of their organizations, and processes of selling humans through the case study of “human trafficking” and “human smuggling” cases, in order to develop prevention strategies and propose possible workable solutions.

Human trafficking has existed in various forms throughout human history, but it never drew public attention until recent years. This thesis attempts to explore the causes of labor trafficking by empirical research and provide the government with anti-trafficking measures for Taiwan. The research comprised both quantitative and qualitative methods, in which a questionnaire survey was administered and in-depth interviews were conducted. A total of 167 illegal foreign laborers detained in the Yilan Detention Center and 7 social workers in shelters for trafficking victims participated in the study. Results of the research showed that most runaway foreign laborers came to Taiwan with the assistance of a broker agency, and that they paid brokerage fees with bank loans, while irregular foreign laborers were assisted by friends or relatives in their homelands or in Taiwan and paid their way with personal savings or loans from friends or relatives. It is common for both runaway foreign laborers and irregular foreign laborers to be charged extra fees and to be paid less than they were told before entering Taiwan. Labor trafficking in Taiwan is largely the result of a system of high brokerage fees without a standard and transparent mechanism. In addition, contract foreign laborers cannot change employers at will, which is also a key factor. Consequently, the government of Taiwan should actively negotiate with labor exporting nations to manage the payment of brokerage fees and modify foreign labor policy to decrease the illegality of foreign laborers and employers.

無 / According to Taiwanese official data in 2008, there are estimated 450,000 new immigrant women came to Taiwan for marriage; who are usually called “foreign brides.” Most new immigrant women come from Mainland China and Southeast Asia, and they have become the fifth largest ethnic group in Taiwan in the past decade. However, new immigrants are the vulnerable and disadvantageous minority groups in Taiwan’s society. They have often been ill-treated and suffered social discrimination; thus creates many social problems. New immigrant protection Non-Governmental Organizations (NGOs), with their dedication, passion, and flexibility, help resolve numerous plights and problems for new immigrants. Another emphasis of this study focuses on the NGO’s campaign for anti-human trafficking in Taiwan. Human trafficking is a serious and intolerable crime which the efforts of countries worldwide to combat human trafficking are watched and evaluated by U.S. In June 2008, the U.S. State Department announced the Trafficking in Persons Report 2008; in which Taiwan was ranked “Tier 2,” indicating that more anti-trafficking efforts need to be made. NGOs around the world are engaged in combating human trafficking in variety activities including prevention, prosecution, protection, rescues/raids, reintegration, and repatriation. NGOs often work with few resources yet can be effective in complimenting the activities of governments, or even taking the place of government efforts. To combat human trafficking, Taiwanese NGO such as Taipei Women’s Rescue Foundation is inquired by international NGOs about Taiwanese government’s strategy. The roles of NGOs in resolving social problems are getting stronger and thus can not be ignored. Through literature review and in-depth interviews, this paper addresses and examines several issues on new immigrant women and human trafficking in Taiwan; also, how new immigrant protection NGOs in Taiwan deal with those issues is discussed.

過去十年間南亞—尤其是尼泊爾—販運婦女與兒童議題不論在國家或國際領域，都受到詳盡的討論。貧窮、識字率、失業率和對婦女與兒童歧視等問題皆被提出為可能的原因，部份國家反販運計畫方案也在政府和NGO部門之下發展與實施，且已達到可觀的進展。由政府和NGO部門所採取的舉措促進釐清許多此議題的相關概念。這亦有助於將聚焦在婦女及其移動性、性工作的反販運行動轉移至更臻成熟的觀點，包括販運男性與兒童以及各種目的的販運行為。持續的倡議導致形成對抗商業性剝削販運婦女與兒童的區域性公約，最為人所知的乃南亞區域合作聯盟販運公約（South Asian Alliance for Regional Cooperation Convention against Trafficking）。幾乎所有南亞國家皆漸漸認可此議題應受到關注，尼泊爾和孟加拉甚至發展出一套打擊「性剝削目的的婦女與兒童販運」的國家計畫。 雖然人口販運在尼泊爾並不是一個新現象，但是1990年之後才被提出討論。婦女團體提出在性產業中遭販運婦女的議題，爾後才得到人權團體的支持。 儘管國家針對反販運行動實施配套計畫，但過去六年，政府並未成功地為販運婦女的形態帶來任何重大改變或對遭販運者提供援助。因此非政府組織成為主要行為者：本文將討論尼泊爾販運婦女的問題與現況，以及非政府組織是如何以一個非國家行為者的角色著手販運議題。 / International and national trafficking in women and children in southern Asia, especially in Nepal has been discussed explicitly during last ten years. Poverty, literacy, rate of unemployment, and discrimination against women and children are all possible factors. The anti trafficking programmes of some countries are conducted under the governments and NGO sectors, and reach to some extent of progress. The government and NGO leading action help forward rectifying many related concepts of this issue. This is also helpful to focus on the shift from women and the anti trafficking action of their mobility and sex work to mature viewpoint of trafficking including trafficking in men and children. Sustaining advocacy leads to a regional convention against exploiting and trafficking in women and children, the most well-known one is “South Asian Alliance for Regional Cooperation Convention against Trafficking”, which gradually made almost all southern Asia countries approve of the importance of the issue. Nepal and Bangladesh even develop a programme against “exploitative trafficking in women and children.” Trafficking in human is not a new phenomenon in Nepal, but it was addressed and discussed after 1990s. Women groups addressed the problem of trafficking women in sex industry and then the issue were supported by human rights organizations. The states implement sets of programmes against anti trafficking, in the last six years, governments did not bring any important change to the forms of trafficking women and did not offer supports to trafficked ones, so the NGOs became the primary actor. This article will discuss the problem and present status of trafficking in women in Nepal, and how NGOs as a non-state actor do with the trafficking issue.

人口販運是一種古老的罪惡，且係為嚴重違害基本人權之犯罪，其可能以跨國境或國家境內的方式進行，為國際社會共同關注之人權議題，並可能發生於世界各個角落，究其成因不外乎犯罪集團猖獗，貪圖低價格的勞動力及為獲取高額暴利。在全球化的趨勢使然之下，象徵人口販運的古老奴隸制度不僅沒有消失，而且已經成為全球性的威脅，其已由跨國犯罪集團整體化經營，成為非法獲益龐大可觀之犯罪事業。 澳洲是南太平洋地區最重要的國家，而且還是美國在南太平洋地區的一個重要盟友，對於南太平洋地區國際局勢的變化有著重大的影響。從地緣政治角度看，澳洲是南太平洋地區唯一的大國，對南太平洋國家有舉足輕重的影響力，而該地區又是中華民國拓展外交空間的重要著力點，澳洲可說是亞太地區最重要的西方國家代表，具有關鍵性指標地位意義。澳洲在重大國際和地區問題上，長期追隨美國政策，該國亦為美國國務院連續多年評等為打擊人口販運最佳成效之第一級國家，本論文藉由探討澳洲防制人口販運政策，了解澳洲與東南亞國家人口販運之關係，並進一步研析該國因應作為與對策，透過澳洲於區域合作或國際合作間之角色與具體之合作方式，提供未來亞太區域國際合作之作法參考。 / Human trafficking is an ancient crime and severely harms the basic human rights. It might occur worldwide, cross or within countries. As a common concern to the international society, the human right issue derives from the exchange of cheap labor to high profit which is grasped by the criminal gangs. Along with the trend of globalization, the symbol of human trafficking – the ancient slavery system – not only does not disappear but becomes of global threat and criminal business which is managed integrally by the transnational criminal gangs to gain huge illegal benefits. Australia is the most important country in South Pacific area. As a principal ally to the United States, she has paramount influence upon the international situations. From a geopolitical point of view, Australia is the only great country there and possesses decisive impact on the surrounding countries. To expand Taiwan’s diplomatic space, she is considered to be the force point and the superior representative of Western countries in Asian Pacific with the key indicator position. Following the policies of United States to her major international and regional issues over a long period of time, Australia is also ranked as Tier 1 by United States Department of State in consecutive years for the best outcomes to combat human trafficking. The main purpose of this study is to discuss the policy on combating human trafficking in Australia to understand the relationship with the human trafficking in Southeast Asian countries and further to analyze the countermeasures of regional cooperation or the role and practices of international cooperation to provide the references in Asian Pacific.

本論文以歐盟防制人口販運之實踐做為實例，驗證全球治理下聯合國及歐盟等領導性的國際行為者，對於國際人權發展與人權保障除正面的發展外，亦可能造成負面之影響，國際人權規範擴散面臨一定之侷限性與挑戰。全球治理下之國際人權規範擴散，對於人權的保障有時是種助力也是種阻力。 歐盟雖然倡導針對防制人口販運議題之合作應當採取一個包括查緝起訴、保護以及預防三大面向的全面性解決途徑，但實際上，歐盟防制人口販運之合作制度架構初期仍是以維持境內安全的安全途徑為主軸，而非關注受害者人權之保障；幸而歐盟於2011年通過「預防及打擊人口販運與保護受害者指令」後，防制人口販運的政策更加強調必須以人口販運受害者為核心。然而，在將以受害者為核心的人權規範擴散至成員國方面，卻仍受到極大的挑戰，蓋歐盟成員國多將人口販運視為非法移民議題，故其防制人口販運之作為實仍環繞著以打擊犯罪為主的思維，人口販運受害者時常被視為非法移民而使其人權遭到侵害。 全球治理下，歐盟等人權法律規範相對完備之國際行為者，其人權規範與建制的推廣與擴散，確實有其值得肯定的正面意義。然而，當歐盟等全球治理行為者不能有效地實現其宗旨，或是其行為違背其理當服膺之價值而削弱其公正、客觀及道德性角色時，其規範性權威亦會受到挑戰。