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Anti-human trafficking program in Vietnam: trafficking in women and children from Vietnam to China: legal framework and government responses


Combating human trafficking in China and Vietrnam
Yi, W. / Human Trafficking , 2005

As with many of its neighbours, human trafficking is a growing problem in Vietnam and China. This paper contributes to the current debate on development and humanitarian policy issues related to human trafficking. The study identifies the legal framework against human trafficking in Vietnam and China, and also explores governmental intervention on the issue in both countries. The author also reviews the literature and other documents related to human trafficking from Vietnam to China. In addition to these, the paper also sheds light on the concept of trafficking and its relation with prostitution and migration.

The author notes the following as the main challenges to fighting human trafficking in Vietnam and China:

  • lack of awareness, shortage of resources and cooperation between law enforcers (at national and regional level), corruption and lack of enforcement make systematic implementation difficult (IOM 2000: 34,36). Both countries have no specific trafficking laws. And in both countries human trafficking issue is less on agenda than drug smuggling. This may hinder the ability of Vietnam and China to combat human trafficking in a range of ways.
  • trafficking in women and children is often addressed as a problem related to illegal migration and social evil in Vietnam as well as in China. Without a clear distinction between trafficking and migration, the anti-trafficking intervention may have direct or indirect impact in a person’ s right to mobility and to be protected in some certain circumstances. Moreover, the trafficking may become more underground.
  • lack of legal and social environment that is protective of the rights of trafficked victims. This may cause difficulty for community integration support efforts. Victims back and leave due to discrimination against them. Thus it is important to change traditional value of filial duty of daughters and inequality in the value placed on girls and boys in rural communities in areas vulnerable to trafficking.
  • lack of concrete data and solid body of research: given the nature of trafficking and its often hidden activities from any form of monitoring, it is very difficult to develop statistics accurately reflect the magnitude of the number of trafficked persons from Vietnam to China. Consequently, figures are estimated by governments, UN and other international agencies and international NGOs.

The study recommends that the Government response should be:

  • to promote a clearer legal framework which recognizes and acknowledges basic rights of trafficked people (before, mid and after being trafficked).
  • To build capacity for law enforcement units and introduce system of inspection and evaluation of law enforcement.
  • more awareness raising campaign across the country to empower women and children who are vulnerable to human trafficking activities. More gender responsive approaches in anti-trafficking.
  • to mainstream reintegration services such as credit and savings project, and small enterprises training and within other community-based livelihood projects and to integrate Oxfam development project into the combating against trafficking.

Further cooperation initiatives can be:

  • more cross-border initiatives cooperations. Cooperation with international NGOs, mass organizations and police forces in both countries. Build cross-border database, training qualified human resources.
  • closer investigation and analysis in order to clarify the dynamics of trafficking across the border of China and Vietnam, and offer better intervention mechanism.
  • stronger multi-bilateral agreement on cross border trafficking similar to campaign against drug smuggling. Development of MOU on human trafficking.

[Adapted from author.]



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