VIETNAM ISSUES NATIONAL PLAN OF ACTION ON TIP

UNCLAS SECTION 01 OF 10 HANOI 002921 SIPDIS STATE FOR G/TIP, G, INL, DRL, PRM, IWI, EAP/BCLTV, EAP/RSP STATE PASS TO USAID E.O. 12958: N/A TAGS: KCRM PHUM KWMN ELAB SMIG VM OMIG TIP SUBJECT: VIETNAM ISSUES NATIONAL PLAN OF ACTION ON TIP ¶1. (U) Summary: Vietnam has come up with the long-awaited national action plan on trafficking in persons. The plan focuses on the 2004-2010 period and addresses the major elements of prevention, prosecution and protection. It identifies the deficiencies in the current approach and the challenges and constraints facing the GVN as it wrestles with the trafficking problem. The plan provides specific roles for each interested agency under the overall direction of MPS, but does not provide specific information on funding amounts or sources. A rough translation provided by UNICEF is attached to the end of this message. End Summary. ¶2. (U) Deputy Prime Minister Pham Gia Khiem signed Prime Ministerial Decision 130/2004 establishing a national plan of action to combat trafficking in persons, analyzing the TIP problem in Vietnam and assigning primary responsibility for the plan to the Ministry of Public Security. The plan, which became effective August 8, 2004, grew out of DPM Khiem's September 2003 nationwide interministerial meeting on trafficking. AN HONEST LOOK AT VIETNAM'S FLAWS -------------- ¶3. (U) The introductory sections of the plan deal frankly with the trafficking problem in Vietnam. The document criticizes Vietnam for lacking a comprehensive program of action; for having a weak legal framework dealing with trafficking; for having an inadequate system of communication and education on the dangers of trafficking; and for limitations and lack of capacity in virtually all sectors of society dealing with trafficking, including business and the service sector, labor management, entry/exit management, marriage administration, adoption involving foreigners and border control. The report credits the GVN with some successes, notably in helping returned victims reintegrate and in the commitment GVN agencies have shown towards trafficking activities. ¶4. (U) The report also takes an unflinching look at the challenges and constraints Vietnam faces in combating trafficking. It specifically cites the phenomenon of victims who fear discrimination and thus do not wish to come forward; the limited achievements so far in developing and implementing regional and international anti-trafficking strategies; the lack of interagency coordination in anti- trafficking efforts; the passivity of Vietnamese law enforcement in making trafficking cases only based on complaints rather than on proactive investigation; and the lack of trained, educated staff at all levels. ¶5. (U) The action plan lays out a program of awareness raising and capacity building that focuses on four main projects: education and communication in local communities; enforcement and prevention activities targeting traffickers; support for returned trafficking victims; and strengthening the legal framework to combat trafficking. Individual agencies (the Vietnam Women's Union, the Ministry of Defense's Border Army, the Ministry of Labor, Invalids, and Social Affairs (MOLISA) and the Ministry of Justice, respectively) are tasked with heading up these projects under the overall supervision of the Ministry of Public Security, which will also chair an Executive Board to oversee execution of the National Plan. The responsibilities of each agency are laid out specifically in the plan. ¶6. (U) Funding for the projects in the plan is unspecific. The plan says that sources will include the State budget, local budgets and "other sources inside and outside the community," to include international donors. The plan does not specify amounts. ¶7. (SBU) COMMENT: The plan is a good one and addresses all of the main weaknesses in the GVN's current anti-trafficking methodology, with the exception of official corruption, which is a macro-level problem beyond the scope of a functionally specific action plan. International Organizations, including UNICEF, had input into the plan's drafting, and they have expressed satisfaction with it as currently written. We will be watching the plan's implementation with interest, particularly the funding contributed by each of the participating agencies and the frequency of and attendance at the Executive Board meetings. In addition, Nongovernmental Organizations (such as the Asia Foundation) and international organizations (such as UNICEF and UNODC) will use the action plan to structure their proposed interventions. This will allow them to streamline the normally cumbersome official project approval process. End Comment. BEGIN VERBATIM UNOFFICIAL TRANSLATION OF GOVERNMENT DECISION APPROVING ACTION PLAN (courtesy UNICEF): Government Socialist Republic of Vietnam Independence-Freedom-happiness -------------- Decision of the Government on approval of the national program of action against trafficking in women and children from 2004-2010. The Vice -Prime Minister Based on the Organization Laws of the Gov on 25 /12/2001 Based on the Decree 09/1998/NQ-CP on 31 July 1998 of the Government on strengthening prevention of the crime in new situation. Based on request of the MPS DECISION Article 1: Approval the National Plan of action against trafficking in women and children from 2004-2010 with the following components: 1/General objective To create changes in awareness and action of different levels, departments and the whole society on prevention and combating against trafficking of women and children in order to prevent and basically reduce the number of trafficked women and children by 2010. 2/ Major projects of the Program: a/ project 1 : Education communication in community on prevention, protection of trafficking in women and children b/ Project 2: Fighting against trafficking in women and children c/ Project 3: Receiving and supporting returned trafficked women and children d/ project 4: Build and complete laws related to trafficking prevention. 3/ Implementation and fund for the Program: - The MPS will be a leading agency and coordinating with related ministries, and People's Committees of all provinces - Funding for the Program: + From the Government sources (from the central and local sources) + From mobilization funds from international and national sources Article 2: This Decree will be effective 15 days after publicizing Article 3: The Minister of MPS will be in charge of monitoring and supervision of the implementation All Ministers, ministry leaders, Chairpersons of all provinces have responsibilities to implement this decree. Deputy Prime Minister Pham Gia Khiem END VERBATIM UNOFFICIAL TRANSLATION OF GOVERNMENT DECISION APPROVING ACTION PLAN. BEGIN VERBATIM UNOFFICIAL TRANSLATION OF ACTION PLAN (courtesy UNICEF): Government Socialist Republic of Vietnam Independence-Freedom-happiness -------------- Programme of Action on preventing and combating traffickers of women and children in the 2004-2010 period (Promulgated together with Decision No:____ /QD-TTg dated --- -------------- 2003 of the Prime Minister) Part I The situation of trafficking of women and children and achievements in prevention works. The situation of trafficking of women and children. Situation: In the recent years, especially since the transformation of its economy into market-oriented mechanism, the situation of trafficking, especially trafficking of women and children, to other countries has become more and more complicated, serious and tended to increase. According to informal statistics, there have been ten thousands of Vietnamese women and children trafficked up to now, mainly to China, Cambodia, and some other countries. Trafficked women and children end up to prostitution or working in worst conditions and have to suffer discrimination. Trafficking of women and children has been becoming an urgent, topical and pressing problem badly affecting society, customs, tradition, social morals, and laws and sabotaging and taking away happiness of many families, posing threats upon future generations, increasing the risks of transmitting HIV/AIDS, resulting bad implications in national security and social law and order. Cause: Objective cause: In the context of market economy and international economic integration, many socio-economic problems has been arising, specifically poor and rich polarization, extreme living conditions of rural and remote people, increasing unemployment, low level of knowledge and cultural life, many women and children in especially difficult circumstances attempting to seek new opportunities in urban areas or abroad. Furthermore, Bad (sexual) values inflow from outside sources that creates enable environment for the development of social evils, including trafficking of women and children to other countries ending up to prostitution, internal criminals in complicated cooperation with international criminals take this as an advantage for their illegal practices. Subjective cause: There has been limited in awareness of the seriousness, needs and responsibilities for the prevention of trafficking of women and children among Party subordinates and authorities. Up to now, a comprehensive and feasible program (or proposal) has not been established on the prevention, combating of traffickers of women and children to other countries. Legal framework dealing with this crime in many countries as well as in Vietnam has not been strengthened and synchronized. The cooperation among law enforcement bodies, relevant organizations nationally and internationally in combating this crime is still fragile, there are a lot of difficulties, inadequacies in investigation, inspection and handling criminals, with low warning efficiencies. There is still limited and ineffective collaboration in term of criminal legislation, especially in information sharing, handling and extraditing criminals. These factors impose limitations over combating work against criminal. Communication and education on the prevention of traffickers of women and children and criminals in general have existed many inadequacies. The interpretation and education on legislation are still limited and have not reached to target audiences and areas, especially, women from poor families, in remote and border areas where the issue of trafficking of women and children is emerging seriously. There are inadequate and limited in State administration over relevant facets such as, business, services, labor management, entry-exit management, marriage, giving up and adoption of children involving foreigners, and bolder management; the structure and organization of its management exposed many shortcomings failing to meet the requirements that criminals can take those advantages for their practices. The prevention and combating Achievements in the prevention and combating: Recently, the prevention, combating of traffickers of women and children are always set in line with the prevention, combating criminal and social evils in general. Upon the approval of the Directive No. 766/TTg dated September 17th, 1997 of the Government and the Resolution 09/1998/NQ-CP dated July 31st 1998 "On strengthening the prevention, combating criminal in the new situation", the prevention, combating of traffickers have been concerned and implemented with specific measures and some results have been reached. The prevention: IEC tasks on the prevention of criminal in general and the prevention of trafficking of women and children have always been respected and pervasively and comprehensively implemented. In addition to mass media, mass organizations and other bodies carried out their communication campaigns through leaflets, manuals with compact and perceivable contents using for family consultation; organized meetings, forums on the explosion and interpretation of law, responsibilities of families in the protection of women and children, warning people to be self-alert with luring, swindling, tricky practices played by criminals. Up to now, IEC tasks on the prevention of trafficking of women and children have become a concerned part of communication activities carrying out by branches and organizations, especially, by Women's Union, CPFC. The State administration over law and order, specifically in target areas arising the issue of trafficking of women and children and prostitution has been strengthening by local authorities and competent agencies through such measures as residence management, management over leaving and coming of criminals or alleged criminals involved in trafficking of women and children, management over hotels, guest houses, restaurants,. management over business of introducing services, marriage with foreigners, giving up and adoption of children involving foreigners, entry-exit management,.. in order to timely disclose criminals and cases of trafficking of women and children. From this spirit, specific prevention measures shall be established in order to disclose, combat illegally criminal practices. Dealing with returned victims, relevant bodies such as, border guard, police, MOLISA and its lower levels, mass organizations in close cooperation with local authorities help these people to settle down their livings, to create jobs, and to reintegrate into community. The Investigation and Handling: Police force acting as mainstay in combating against crimes, in cooperation with Border Guard, procuracy, Courts at all levels proactively combat, handle criminal routes and traffickers inflicted women and children. As reported statistics of police from provinces and cities, from 1991 to 2002, police force at all levels have disclosed and arrested 2,269 cases with 3,787 criminals in trafficking of women and children (both inside and outside the country). Of which, 1,818 cases were prosecuted, with 3,118 criminals committed trafficking of women; 451 cases were prosecuted with 672 criminals committed trafficking, exchanging or abusing children (According to Article 119, 120- 1999 Criminal Code). After 5 years of implementing Directive No. 766/TTg of the Government Prime Minister (1998-2002),police and border guard at all levels quashed 921 cases, with 1.807 traffickers, identified 1.914 victims. As results of survey in some localities, cases of trafficking of women and children to other countries made up 55% of all cases of trafficking of women and children in general that had been disclosed and quashed. Border Guard performing its assigned responsibilities applied many measures in order to disclose, combat illegal transportation of women and children abroad. In 7 years (from 1996 to 2002),Border guard disclosed and handled 330 cases, with 698 criminals, identified 69 criminal routes and carried investigation and handled 120 cases, with 219 criminals committed cross-border trafficking of women and children. Many complicated, well-organized trafficking routes practicing trafficking of women and children to other countries such as, China, Cambodia, Macao, Hong-Kong, Malaysia, have been disclosed and handled by police and border guard. Almost all of cases of trafficking of women and children have been jointly investigated and handled strictly before law by police and border guard. With reference to prosecution, from 1998 to 2002, People's Courts at all levels prosecuted 820 cases, with 1,408 criminals committed trafficking of women and children under article 119, 120- Criminal Code (1999). Most criminals were sentenced strictly in conformity with the law. Some constraints, challenges in the prevention of criminals committed trafficking of women and children: It is the fact that women and children were trafficked for the purposes of prostitution and sexual exploitation. Therefore, victims feel withdrawal, are afraid of discrimination from community resulting in the refusal to disclose criminals, they may not want to tell to others and keep away from community. All these pose many difficulties in the investigation and support victims to reintegrate into community. Due to social, economic conditions and differences in laws and policies among regional countries on the prevention of prostitution, and on marriage with foreigners, there are limitations in developing and implementing strategies on the prevention of trafficking of women and children among regional countries and International organizations. This resulted in low effectiveness of policy and law enforcement, and showed no sign of decrease in border trafficking of women and children. Preventing and combating this crime among branches and levels (from central to grassroots) have not been synchronized, with no lead body in establishing a mechanism for better collaboration. The percentage of disclosing cases of trafficking of women and children remains very low that is not compatible with the real situation. Basic investigation into the situation was occasional and failed to keep in time. It remained passive in disclosing new cases that are mainly based on the complaints from victims or their families. Residence management (both permanent and temporary) has not been done properly, especially in remote and rural areas. There are many cases where women and children left the village but local authority got no information about that. Staffs working in this area in all branches and levels have not been trained or updated basic as well as all-around the world information; distribution of its force and facilities in service of combating criminals committing trafficking of women and children failed to meet the requirements in the current situation. Part II Plan of action on prevention and combating against Trafficking of women and children 2004-2010 ¶I. Objectives General objective To create changes in awareness and action of different levels, departments and the whole society on prevention and combating against trafficking of women and children in order to prevent and basically reduce the number of trafficked women and children by 2010. Specific Objective 2.1. From 2004-2006 To raise the awareness of the community of the tricks, causes and effects of trafficking of women and children. To improve the respect and implementation of laws on prevention and combating against trafficking of women and children in particular, crime in general Develop and mandate relevant agencies to reinforce the laws, strengthen legislation and social management to prevent and combat against trafficking of women and children effectively. Prevent, combat against and reduce 20% of crimes related to trafficking of women and children in target locations From 2007-2010 Uniform implementation of the prevention, combating against and reducing 50% of trafficking in women and children in national scale; provide help to trafficked women and children to come back to their hometown, to integrate into the community. II. Content and main proposals on the program. Contents of the program Carry out basic survey, analyze and predict the situation of trafficking criminals. Build data related to trafficking in women and children Conduct education communication, encouraging people for identification, prevention and combating against traffickers of women and children. Uniform implementation of the activities of prevention of trafficking of women and children in the families, communities, agencies and organizations. Combating against trafficking in women and children and other related crimes, specially transnational organized crime Support to education, job opportunities, integration into the community for trafficked women and children. Support construction of receiving center for women and children victims Mandate and build capacity for workers who work on prevention of women and children trafficking. Develop and finalize documents, legal norms related to prevention of trafficking of women and children. International cooperation in prevention of traffickers of women and children, specially trafficking outside the country. Main projects of the Program 2.1. First project: Education communication in the community on prevention of women and children traffickers Focus on regular advocacy and education communication under various forms, communication campaigns in the whole country, specially in targeted areas, to categories of high risk; integrate the advocacy on prevention of crimes and social evils, develop cultural families, healthy communes, streets without social evils; support, counseling for family of victims, women and children who are vulnerable. The central Viet Nam Women's Union is the key agency, ministries, departments: culture and information, labor, war invalids and social affairs, Youth Union and other Ministries and Departments. 2.2. Second project: Combating against traffickers of women and children Focus on prevention activities, identification, investigation and sanction on traffickers of women and children and other related crimes, specially traffickers of women and children to foreign countries, internationally organized crime. Arrest criminals who have hidden, prevent them from becoming new criminal organizations. Sub-project 1: implemented in the inland by the Ministry of public Security. Sub-project 2: implemented in the border areas by the Ministry of Defense (Border Guard) CPFC, Ministry of Justice, Ministry of Foreign Affairs, People's Supreme Court, People's Court of Investigation and other ministries and department will coordinate with these ministries. 2.3. Third Project: Receive and support women and children who are victims of traffickers from foreign countries. Focus on monitoring border gates, specially transportation, coordinate with public security force and border guards of countries which share the borderline, procedures to receive and support victims who are trafficked, coordinate with the local authorities (especially, local level). Organize support activities, education, help them to sustain their life, integrate into the community. Border Guard Commanding Bureau will be in charge of receiving victims, complete transferal procedures. MOLISA will coordinate with other ministries Ministry of Public Security, Ministry of Justice, Women's Union, other Ministries and relevant departments. The fourth Project: Develop and strengthen legal framework in relation to the prevention of, combating against criminals of trafficking of women and children. Conduct research, develop and strengthen legal framework as well as legal documents relating to marriage, giving and adopting children involving foreigners, tourism, labor exchange, exit-entry management, prosecution, and reintegration into community for victims; support marriage connection centers to perform properly. MOJ will be in charge of this project in collaboration with MOFA, MPS, Ministry of Defense and other ministries Part III Organization and implementation of programme of action Management: The Programme of Action on the prevention of, combating against criminals trafficking women and children in the period 2004 -2010 mentioned areas under the management and supervision of various Ministries, agencies. Therefore, it is needed to synchronously implement with close cooperation among Ministries, agencies. It is imperative to set up a Executive Board for "the Programme of Action on the prevention of, combating against criminal trafficking women and children" at central level headed by an official from MPS, its members are from other relevant ministries, agencies such as Ministry of National Defense (Border Guard Commanding Bureau),MOFA, MOJ, MOLISA, Vietnam Women's Union, CPFC. Sub-executive management board shall be established in line with central board in province, cities where the programme is implemented. Responsibilities and obligations Ministry of Public Security: Acting as a lead agency in cooperation with other relevant ministries, agencies and people's committees of provinces and centrally-run cities, The Ministry of Public Security shall monitor the situation, data of women and children trafficked or illegally transported to other countries. Determining the focal areas, directing police force at all levels strongly apply professional practices in order to disclose, prevent, quash trafficking routes. Strictly managing residence holders (both temporary and permanent status) in commune, ward, town, clusters; mobilizing people, in cooperation with Vietnam Fatherland Front and mass organizations, to participate in the prevention, disclosure, combating against criminals, and in ensuring social laws and order. Together with related departments and local people's committees, examine and handle matching service establishments, illegal child adoption of foreign elements, tourism services and labor export services violating the laws in transportation of people abroad. Strengthen organization and increase specialized staffs from the governmental level to local level to timely detect, quickly investigate and strictly handle organizations and individuals breaking laws on prevention of woman and child trafficking, illegal transportation of women and children abroad. Co-operate with Border Guard to strengthen investigation at border gates, combat and effectively prevent cross - border illegal transportation of women and children. Be a focal point in international co-operation in prevention of woman and child trafficking; co-operate with Interpol and Police of neighboring countries, especially China, Cambodia to detect, prevent, and combat trafficking of women and children abroad. ¶2. Border Guard Strengthen investigation measures at border gates and to prevent illegal transportation of women and children abroad. Act as a lead agency and co-operate with Ministries, and relevant Departments to receive and support the cross - border trafficked women and children who return home. Co-operate with Police of the country and of such bordering countries as China, Cambodia to detect and prevent the network of cross - border illegal transportation of women and children. Co-operate with competent agencies in propagating and mobilizing people at border areas to involve in combating trafficking of women and children. ¶3. The Ministry of Foreign Affairs Co-operate with the Ministry of Public Security in politics and external relations in co-operating with foreign countries in preventing this kind of crime. Prepare appropriate counter - tactics to work with international organizations and countries involved in elimination of illegal transportation of Vietnamese women and children abroad. Co-operate with mass organizations and people in mobilizing and taking advantage of assistance from NGOs in handling this issue. ¶4. The Ministry of Labor, Invalids and Social Affairs Act as a lead agency and co-operate with the Ministry of Public Security, Border Guard Command of the Ministry of Defense, the Ministry of Public Health, Committee on Population, Family and Children, National Women's Union, People's Committees of various levels to organize vocational training, job placement, re-integration for the cross-border trafficked women and children who returned home, referring case suffering from social diseases to health treatment facilities. Do research and add to the list of jobs in which use of woman and child labor is prohibited to prevent them from being abused. ¶5. The Ministry of Justice Act as a lead agency and co-operate with Ministries and Departments to develop and strengthen the legal system on prevention, combating, handling crimes related to woman and child trafficking; Organize legal dissemination and education on prevention and combating woman and child trafficking. ¶6. National Women's Union of Vietnam Act as a lead agency and co-operate with Ministries, related departments, agencies and mass organizations and local authorities to organize dissemination, education and consultation at the community on prevention of women and child trafficking. Co-operate with the Ministry of Labor, Invalids and Social Affairs to support and assist some trafficked women and children to re-integrate into the community. ¶7. Committee on Population, Family and Children Act as a lead agency and co-operate with Ministries, related departments, agencies to implement prevention of child trafficking, commercial sexual exploitation of children. ¶8. Ministries, Ministerial - level agencies and Government agencies Have planned to direct the implementation of contents and measures to combat and prevent woman and child trafficking within their responsibilities and authority. ¶9. People's Committees of Provinces and Centrally-run cities Be responsible to uniformly implement and incorporate the prevention and combating of woman and child trafficking into other socio-economic programs in the localities. Based on the Government's program and current situation of the locality, develop the plan of action, direct and guide the people's committee of lower level to implement. Especially appreciate the role of and responsibilities of Chairman of commune people's committee in learning about the situation and detecting the trafficked women and children within the area and take urgent measures for prevention. Every year, the local authorities should be active in allocating budgets to implement this program, mobilize the contributions from people in addition to Government budgets. ¶10. Recommendation for Supreme People's Court, Supreme People's Procuracy Strengthened directing the system of branch agencies at localities and have plan to closely co-operate with other law enforcement agencies in investigating, prosecuting, hearing cases of woman and child trafficking in timely, strict and clear manner. ¶11. Recommendation for National Committee of Vietnam Fatherland Front, Vietnam Labor Federation, Vietnam Veterans' Union, Vietnam Farmers' Union, National Women's Union of Vietnam, Ho Chi Minh Youth Union: Closely co- operate with Ministries, departments, and authorities of different levels in mobilizing people of different social classes to actively involve in prevention of woman and child trafficking. III. Funding for implementation of the program Funding to implement this program is mobilized from various sources: State budget (provided by the Government): every year, the Government reserves an amount of funding to implement the program, objectively support focal tasks and proposals. Local budget: every year, the locality should actively develop plans and allocate funding for prevention, combating woman and child trafficking, incorporate into other programs and projects in the area. Other sources inside and outside the country (mobilizing contributions of the community and international sponsor.) The Directors' Board of the program develops the plan to allocate the capital source provided annually from State budget, and then the plan is submitted to the Government to decide and directly guide the implementation. Regarding other sources of funding, the Ministry of Public Security will co-operate with related departments, programs and projects and sponsor agencies and organizations to organize the implementation within the area and specific aspects. Ministries, Departments, People's Committees of provinces, centrally-run cities are responsible to implement, regularly monitor and supervise, speed up the program; develop the plan for each stage, for each year to appropriately and effectively implement the program and projects. Signed FOR THE PRIME MINISTER VICE MINISTER Pham Gia Khiem END UNOFFICIAL TRANSLATION OF ACTION PLAN. MARINE