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English - CEDAW Southeast Asia

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A Gendered and Rights-Based Review of Vietnamese Legal Documents through the Lens of <strong>CEDAW</strong><br />

and to protect victims of trafficking in persons, especially women and children, from re-victimization;<br />

(b) engage in research, information and mass media campaigns and social and economic<br />

initiatives; (c) alleviate factors that make persons, especially women and children, vulnerable<br />

to trafficking, such as poverty, underdevelopment and lack of equal opportunity; (d) put<br />

in place educational, social or cultural measures to discourage the demand leading to trafficking<br />

in persons; (e) strengthen information exchange among and training for law enforcement,<br />

immigration or other relevant authorities; (f) strengthen border controls; and (g) ensure security<br />

and control of travel documents.<br />

Extradition<br />

Article 16 of the Organized Crime Convention provides that offences covered in the Organized<br />

Crime Convention are included in any existing extradition treaty between State Parties and as<br />

extraditable offences in future extradition treaties. State Parties to the Organized Crime<br />

Convention that do not make extradition conditional on the existence of an extradition treaty<br />

must recognize the offences covered as extraditable between themselves. In relation to its<br />

own nationals, if a State Party does not extradite an alleged offender solely because of nationality,<br />

it must, on request of the other State Party seeking extradition, begin an immediate investigation<br />

for the purpose of prosecution.<br />

In consideration of Article 6 of <strong>CEDAW</strong> and the Trafficking Protocol, which was endorsed<br />

by the <strong>CEDAW</strong> Committee for ratification by Viet Nam, 271 the following selected indicators<br />

were chosen for this article:<br />

V.4.2.1 Trafficking<br />

Indicator 34<br />

Indicator 35<br />

Indicator 36<br />

Indicator 37<br />

Indicator 38<br />

Indicator 39<br />

Indicator 40<br />

Indicator 41<br />

Indicator 42<br />

Indicator 43<br />

Is trafficking of women prohibited<br />

Is there a definition of ‘trafficking’ in legislation<br />

What sanctions are in place for commission of trafficking<br />

Is there legislation protecting would-be brides from being victimized by<br />

traffickers Is mail order bride system prohibited<br />

Are trafficked women penalized<br />

Does legislation put in place measures to combat trafficking<br />

What legislative measures are in place to address needs of victims of<br />

trafficking and their families<br />

Are there interim and permanent protective measures required by law<br />

for the protection of the victim/survivor of trafficking<br />

Does legislation exist ensuring that women who have been trafficked<br />

and their children are able to claim citizenship, residency and other<br />

rights<br />

Is inter-agency cooperation to address trafficking mandated by law Is<br />

there a clear designation of responsibilities of ministries and agencies to<br />

eliminate trafficking<br />

147<br />

271<br />

Ibid.<br />

Trafficking and exploitation of prostitution (Article 6 of <strong>CEDAW</strong>)

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