English - CEDAW Southeast Asia

CEDAW and the Law:
measures for reintegration, and non-penalization of trafficked women. More importantly,
Concluding Comments on Viet Nam 2007 urged that Viet Nam ratify the Protocol to Prevent,
Suppress and Punish Trafficking in Persons, especially Women and Children, supplementary
to the United Nations Convention against Transnational Organized Crime (Trafficking
Protocol). 270 It endorses the standards in the Trafficking Protocol, which provide as follows.
A definition of ‘trafficking’
Article 3
(a) "Trafficking in persons" shall mean the recruitment, transportation, transfer, harbouring
or receipt of persons, by means of the threat or use of force or other forms of coercion,
of abduction, of fraud, of deception, of the abuse of power or of a position of
vulnerability or of the giving or receiving of payments or benefits to achieve the consent
of a person having control over another person, for the purpose of exploitation.
Exploitation shall include, at a minimum, the exploitation of the prostitution of others
or other forms of sexual exploitation, forced labour or services, slavery or practices similar
to slavery, servitude or the removal of organs;
(b) The consent of a victim of trafficking in persons to the intended exploitation set forth
in subparagraph(a) of this article shall be irrelevant where any of the means set forth
in subparagraph (a) have been used;
(c) The recruitment, transportation, transfer, harbouring or receipt of a child for the purpose
of exploitation shall be considered "trafficking in persons" even if this does not
involve any of the means set forth in subparagraph ( a ) of this article;
(d) "Child" shall mean any person under eighteen years of age.
Criminalization of trafficking
Article 5 of the Trafficking Protocol requires that trafficking in persons be criminalized, including
attempts to commit it, participating as an accomplice in the offence, and organizing/directing
the commission of the offence.
Measures for assistance and protection of victims of trafficking in persons
146
Articles 6-8 of the Trafficking Protocol provide for measures for assistance and protection that
include: (a) protect the privacy and identity of trafficked persons, including making legal proceedings
confidential; (b) provide information on court and administrative proceedings to trafficked
persons; (c) provide for the physical, psychological and social recovery of trafficked persons,
in particular the provision of appropriate housing, counselling, medical, psychological
and material assistance, and employment, educational and training opportunities; (d) offer
compensation for damage suffered by trafficked persons; (e) allow trafficked persons to
remain in the territory in appropriate cases; and (f) repatriate trafficked persons.
Prevention, cooperation and other measures
Articles 9-13 of the Trafficking Protocol state that State Parties must: (a) establish comprehensive
policies, programmes and other measures to prevent and combat trafficking in persons
270
Concluding Comments on Viet Nam 2007, Paragraph 19
Review of key legal documents and compliance with CEDAW