Combating Forced Labor and Human Trafficking: Vietnam

Experience

Nguyen Hoang HaProgramme Officer, ILO Vietnam

Overview of Presentation

1. Vietnam’s views on forced labor and trafficking

2. Challenges and responses

3. Key lessons learnt from Vietnam

Part I

Vietnam’s view on forced labor and human trafficking

Vietnam’s views on forced labor and human trafficking

The Government of Vietnam acknowledges forced labour and human trafficking are illegal acts which have serious and long-term social impacts and violate human rights.

It has ratified the ILO Convention on forced labour (no.29) in 2007 as a result of a two-year review of forced labour concerns in laws and practices.

It also ratified the Convention on the Worst Forms of Child Labour (no.182) in 2000.

Vietnam’s views on forced labor and human trafficking

Vietnam’s viewpoints: “Prohibition of abusing workers and any forms of forced labor” Art.5 Labour Code (2002)

“Human trafficking is an illegal act” Art.119, Criminal Code (2004)

Prevention of any forms of forced labor and human trafficking is crucial

Part IIVietnam’s

Challenges and Responses

Field Survey focuses on possible manifestations of forced labor in 9 sections:1.    Public work obligations2.    Migrant workers3.   Workers as victims of trafficking4.    Workers in enterprise settings5.    Placement of university graduates 6.    Juvenile sex workers 7.    Drug addicts in medical treatment centers 8.    Prison labor 9. Labor in rehabilitation centers

Major Trafficking Flows: Viet Nam

• Northern Viet Nam to China (mainly for marriage, sexual exploitation)

• Southern Viet Nam to Cambodia, Taiwan

(mainly for marriage, sexual/ labor exploitation)

• Internal movement towards big cities (Hanoi, HCMC)

• Cambodian children trafficked to HCMC

“Open” responses

Since 2005, Vietnam has taken the initiative to seek technical assistance from the ILO (SAP-FL and ILO Hanoi) in the area of research and capacity building on forced labour.

Once it ratified the Convention (no. 29) in March 2007, it has developed a National Programme of Action for 2007 – 2008 to follow up the ratification of the Convention.

“Open” responsesThe Government approved an Action Programme on prevention of crimes of trafficking in women and children (no.130) for 2004 – 2010. Ministry of Public Security was assigned as the focal point for the Programme Steering Committee.

It has worked with international organizations, including the ILO to exchange information, seek technical advice and develop capacity for their staff

Part III

Key lessons learnt from Vietnam recent experiences regarding

forced labour work

Lesson 1: Political commitment

Government of Vietnam has expressed a strong political commitment to combat forced labour and realised the importance of international cooperation. The Vietnamese constituents made a formal request to the ILO to seek its technical assistance

It has taken courageous steps from “consideration” status to “active review” of the situation of forced labour in the country in the context of negotiating for its WTO accession and deepening its international economic integration

Lesson 2: Strong leadershipThe Government decided to establish an inter-ministerial task force on forced labour (TITAF) to pool all available expertises and human resources to cooperate with ILO specialists in conducting a field survey and desk review on forced labour concern laws and practices. TITAF consists of 22 key officials from the National Assembly, Prime Minister Office, Ministries of Labour, Justice, Education, Foreign Affairs, Interior, Chamber of Commerce and Confederation of Labour and Women Union.This process helped all participating agencies understand better the situation and take appropriate actions to address the issues

Lesson 3: Follow-up actionVietnam is not only serious about the review and ratification of the Convention taking into account the feasibility of implementation of its commitments as required by the Convention, but also has a pragmatic approach to the realization of those commitments.

National Action Programme has been developed to aim at: capacity building for labour inspectors, police officers, judges and social workers as well as further study for future ratification of C.105

Lesson 4: Long-term investments

Discussions on a media campaign and training opportunities for key trainers and target beneficiaries are under way.

Vietnam starts to look into possibility of institutionalizing the forced labour concerns into the Government mainstream policy making and capacity building services after the initial milestones as a result of trust worthy cooperation relationship between the ILO Special Action Programme and Vietnamese agencies