English - CEDAW Southeast Asia

CEDAW and the Law:
by an insensitive legal process and to assist in their rehabilitation and reintegration into their
communities.
Recently, Decision No. 17/2007/QD-TTG Promulgating the Regulation on Reception of,
and Community Reintegration Support for, Trafficked Women and Children Home from
Foreign Countries was issued. However, as no English version is available, this was not
included in this legal review.
Recommendation: Supplementary measures to address trafficking in women and
children must be provided in legal documents, which should include:
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consistent with the suggestions on GBV, the protection of the victim is most important.
Protection orders that can be issued ex parte on the day requested must
be made available. People’s Committee’s heads and the courts must be competent
to issue such orders. Developing and strengthening witness protection programmes,
and providing priority to trafficking victims, must be stipulated. Protection
orders must include protection for the victim’s family, whenever necessary;
procedures on confidentiality must also be set in a legal document. At any stage
of the investigation, prosecution, trial or other handling procedures, law enforcement
officers, procurators, judges, court personnel, medical practitioners, social
workers, media practitioners, as well as parties to the case, must recognize
the right to privacy of the trafficked persons. Whenever necessary to ensure a
fair and impartial proceeding or to protect the identity of the victim, closed-door
investigations and trials must be held;
in medical examinations, in addition to the medical examiner, the law enforcement
officers and other persons reasonably expected to be present, only persons
expressly authorized by the person being examined should be allowed in
the room;
it should be unlawful for law enforcement officers, procurators, judges, health
providers, and media practitioners and their corresponding personnel, as well
as parties to the case, to disclose any information that will establish the identity
of the victim;
regardless of their status, whether legally or illegally abroad, repatriation of victims
of trafficking must be ensured. MOFA through embassies/consulates abroad
has the primary responsibility of negotiating for the repatriation of trafficked victims
and its implementation, unless repatriation will expose the victim to greater
risks. In which case, it must make representations with the foreign country for appropriate
residency or other measures as necessary for protection of the victim;
for recovery and reintegration, mandatory services for victims of trafficking must
be provided, including: (a) emergency shelter or appropriate housing; (b) counselling;
(c) medical and psychological services; (d) free legal services, which must
include information about the victim’s rights and the procedure for filing complaints,
claiming compensation, other remedies and services available to them;
(e) educational assistance to trafficked child; (f) livelihood and skills training; and
(g) assistance relating to nationality claims, residence certificates, birth certificates
and other matters relating to civil status registration;
ratification of the Trafficking Protocol.
Review of key legal documents and compliance with CEDAW