 |
| On May 4, Philippine authorities rescued more than 1,000 people, including Vietnamese citizens, who were forced to work at a facility owned by Clark Sun Valley Hub Group in Pampanga, near the capital Manila. On May 30, 60 Vietnamese citizens rescued by Philippine authorities returned home. |
Human trafficking is ranked by the United Nations as one of the four most dangerous crimes today, with a high illegal income source, second only to drug crimes and arms trafficking.
According to ILO Global Estimates, every year, there are 25 million victims of human trafficking in the world, bringing in illegal profits from this crime of about 150 billion USD and continuing to increase over the years.
The crime of human trafficking directly violates the most basic human rights to life, health, honor, dignity, etc. Therefore, protecting the rights of victims of human trafficking is a focus in the work of preventing and combating this crime.
The reality of human trafficking in Vietnam
In recent years, the situation of human trafficking crimes in Vietnam has become complicated; appearing in all 63 provinces and cities, of which, human trafficking abroad accounts for 85% (China 75%, Laos and Cambodia 11%, the rest to Thailand, Malaysia, Russia ...); by road, sea and air. With a favorable geographical location, Vietnam is not only a departure point or destination but also a transit area for human trafficking crimes to third countries.
From 2010 to 2021, there were more than 7,500 victims of human trafficking in Vietnam. According to a random survey of 2,596 cases, women accounted for 97% and men accounted for 3%; under 30 years old accounted for 86% (38% were under 18 years old); 84% were poor and disadvantaged; 6.86% were students, 71.46% were farmers and 20.76% were self-employed; 37% were illiterate, 56.82% had completed primary and secondary school; 98.87% took place abroad (China alone accounted for 93.80%); forced labor (3.87%), sexual exploitation (35.37%), forced marriage (42.43%); victims returned on their own account for 40.39%, and were rescued 31.34%; 28.27% were returned by other countries. Thus, the victims of human trafficking are mostly women, in difficult economic circumstances and are often taken abroad for sexual exploitation and marriage.
According to the Investigation Police Agency, the subjects of human trafficking are mainly professional gangsters, often with criminal records. Foreigners can also be the subjects of this crime by entering Vietnam through a brokerage company through legal channels.
Notably, a group of human trafficking offenders were previously victims, but after returning to their home country, they sold women and children, and even deceived their family members.
Regarding the crime method, they try to contact, get acquainted, and make friends with the victims via phone, social networks (Facebook, Zalo...), to lure, deceive, and promise high-paying, leisurely jobs, but in reality, they sell the victims to online gambling establishments, freelance businesses, massage parlors, disguised karaoke... Another sophisticated method is to broker and adopt newborn children, without following the procedures prescribed by law, to sell them abroad.
Some subjects also impersonate functional forces to deceive and coerce victims; take advantage of regulations on organ donation and transplantation to buy and sell for illegal profits. In addition, open-door policies, ease in immigration procedures, visa exemption policies are also thoroughly exploited by criminals to send people abroad under the name of tourism, visiting relatives, working... but confiscate documents and passports to force labor or sexually abuse.
 |
| On August 9, the International Organization for Migration and the Department of Social Evils Prevention and Control under the Ministry of Labor, War Invalids and Social Affairs completed a series of workshops to review the mid-term results of the implementation of the Program on preventing and combating human trafficking for the period 2021-2025 in the field of victim protection in Ho Chi Minh City. |
Efforts to protect victims of human trafficking
Over the years, Vietnam has made efforts to synchronously implement many measures to protect victims of human trafficking and, minimize consequences, and repel human trafficking crimes.
The work of supporting and protecting victims of human trafficking has achieved remarkable results. The Law on Prevention and Combat of Human Trafficking 2011 specifically stipulates the rights of victims. Decree 09/2013/ND-CP and Decree 20/2021/ND-CP dated March 15, 2021 of the Government... create a legal corridor to help protect victims at the best level, specifically: support for essential needs, travel expenses; medical support; psychological support; legal aid; cultural support, vocational training; initial hardship allowance, loan support. From 2012 to present, the Ministry of Public Security has received and supported 7,962 victims.
In particular, the results of the 2016-2020 Program 130/CP on “Fighting against and combating human trafficking” have been recognized by the international community. In the 2011-2018 period, Vietnam was ranked by the United Nations in group 2 among countries with outstanding efforts in the work of preventing and combating human trafficking.
Recently, Decree No. 20/2021/ND-CP dated March 15, 2021 of the Government has adjusted to increase the level of support for victims of human trafficking who are temporarily cared for and nurtured in the community, continuing to show concern for victims of human trafficking.
Vietnam always focuses on perfecting the legal system to improve the effectiveness of prevention and combating human trafficking crimes. The current Penal Code (PC) has specified the acts of human trafficking crimes to suit the nature and level of danger of the crime, while creating a legal basis for the prosecution agency to prove the crime and differentiate criminal responsibility.
| From January 1, 2011 to February 2023, 1,744 cases were prosecuted, 3,059 defendants were accused of human trafficking (100% were prosecuted according to regulations); People's Courts at all levels accepted 1,661 cases, 3,209 defendants; resolved and tried 1,634 cases (reaching 98.4%), 3,137 defendants (reaching 97.8%). According to data from the Ministry of Public Security, from 2012 to present, 7,962 victims of human trafficking have been received and supported. |
The Law on Prevention of Human Trafficking has also been included in the amendment program to be compatible with other legal documents and international treaties. In addition, the issuance of decrees, circulars, participation in conventions, signing of agreements, memorandums of understanding, etc. have also been promoted, creating a legal corridor for dismantling and handling human trafficking rings.
Communication work, the fight against human trafficking crimes have been stepped up; receiving and repatriating victims, supporting victims of trafficking, and international cooperation have been implemented synchronously and drastically. Community strength and socialized resources have been mobilized, creating a combined strength.
International cooperation in preventing and combating human trafficking has been particularly effective, in which bilateral and multilateral cooperation agreements on preventing and combating human trafficking have been promoted, such as the Greater Mekong Subregion Ministerial Conference on Combating Human Trafficking (COMMIT); coordinating with authorities of bordering countries to establish hotlines for information exchange, coordinating investigations, arresting criminals, and rescuing, receiving, and supporting victims of human trafficking.
 |
Assistant Minister of Foreign Affairs Nguyen Minh Vu, Mr. Giorgio Aliberti, Ambassador, Head of the Delegation of the European Union to Vietnam, Ms. Ingrid Christensen, Country Director of the ILO Office in Vietnam at the launching ceremony of the Guidelines for Officials of Vietnamese Missions Abroad on Supporting Vietnamese Citizens Subject to Gender-Based Violence and Trafficking, December 12, 2022. (Photo: Quang Hoa) |
Some difficulties, causes and solutions
Although the work of preventing and combating human trafficking and supporting and protecting victims has achieved certain results, there are still many difficulties and obstacles.
Firstly , economic conditions in some areas are still difficult, there is a lack of jobs; there is a group of people who lack knowledge, are lazy to work but still want high salaries, have the mentality of wanting to marry foreigners, want to go abroad so they are easily seduced and become victims.
Second , Vietnam has a border of over 4,000 km with many trails, openings and long sea routes, which is an ideal location for human trafficking to operate, causing difficulties in area management, patrolling and control. In addition, the management of foreigners, population, household registration, borders, border gates, immigration, marriage, etc. is still loose. Many localities do not have specific solutions to deal with human trafficking, and still depend on the direction of superiors.
Third , the number of functional agencies (Police, Border Guard, Coast Guard, etc.) is still small; sometimes they only perform advisory functions, coordination, supervision, inspection, implementation, and guidance work still has many limitations and shortcomings. In some localities, people are not interested in the work of preventing human trafficking.
Fourth , some provisions of Vietnamese law are not consistent with international law. According to the Palermo Protocol, any one of the following acts: transporting, harboring, transferring or receiving people for the purpose of exploitation constitutes the crime of human trafficking.
According to Vietnamese law, it must be proven that the purpose of the above acts is "to deliver or receive money, property or other material benefits", "to sexually exploit, force labor to obtain body parts of the victim or for other inhumane purposes" (Article 150 of the current Penal Code) to constitute a crime.
In addition, the work of supporting victims in reality still has many limitations in terms of both material and human resources, and material resources for operating facilities; procedures to support victims are still complicated and not feasible in many localities; the police force still faces many difficulties due to the lack of criteria in regulations to identify victims of human trafficking...
Faced with the above shortcomings and limitations, in the coming time, it is necessary to implement the following solutions:
Firstly, it is necessary to improve the law on preventing and combating human trafficking. Clarifying the criminal acts in the Penal Code, especially some criminal acts against victims aged 16 to 18. Considering the regulation of human trafficking crimes based on the Palermo Protocol.
Accordingly, it is not necessary to prove the purpose of "delivering or receiving money, property or other material benefits", "to sexually exploit, force labor to obtain body parts of the victim or for other inhumane purposes" as prescribed by the Penal Code to avoid letting criminals escape.
To complete the legal system related to human trafficking crimes, the Council of Judges of the Supreme People's Court needs to issue a Resolution and guidelines on prosecuting human trafficking acts according to the Penal Code. It is necessary to summarize 5 years of implementing the Law on Prevention of Human Trafficking, 10 years of implementing the Law on Sending Vietnamese Workers Abroad... to have solutions suitable to the practical situation.
On July 7, 2021, the Government Office issued Notice No. 4493/VPCP-NC, assigning the Ministry of Public Security to preside over and coordinate with relevant agencies to study and propose the development of the Law on Prevention and Combat of Human Trafficking 2011 (amended). Accordingly, the Ministry of Public Security announced the draft Law on Prevention and Combat of Human Trafficking (amended) with the principle of taking victims of human trafficking as the center to collect opinions from agencies, organizations and individuals nationwide. Full text of the draft |
Second, perfect regulations and support for victims of human trafficking. Review, amend and supplement relevant legal provisions such as the Law on Prevention of Human Trafficking, the 2017 Law on Legal Aid, etc. to ensure consistency and synchronization.
Third, link the task of preventing and combating human trafficking with economic development, job creation, poverty reduction, etc. to minimize the conditions for exploiting and luring victims; Strengthen organizations to prevent and combat human trafficking, mobilize people's participation in the movement to protect national security, mobilize the combined strength of the entire political system and the entire population in the work of preventing and combating human trafficking, etc.
Fourth, do a good job of managing and supervising enterprises with the function of exporting labor, not allowing them to take advantage of illegal fees or take advantage of the name of labor to send people abroad; do a good job of grasping information, situation, and managing labor when working abroad.
Fifth, regularly assess the overall situation of human trafficking to propose more effective measures to prevent and combat human trafficking crimes; ensure the rights of victims must be closely linked to anti-human trafficking activities; mobilize the strength of the entire political system, the entire Party, the entire people, with the core being the police force, in preventing and repelling human trafficking crimes.
Source
Comment (0)