Thayer Consultancy Background Briefing:

ABN # 65 648 097 123

Vietnam: Trafficking in
Persons Report 2010
Carlyle A. Thayer
June 16, 2010
[clientnamedeleted]:
1. After reading the report, do you think the US Department of State has
satisfactorily explained how it had arrived at its conclusions in terms of putting
Vietnamanditsneighborsonthewatchlist?
ANSWER: The Trafficking In Persons Report 2010 has extensive analysis for its
classificationsystem.ThesectiononVietnamrunsforthreepages.Thisassessment
alsoincludesrecommendationsforimprovement.
The Tier 2 Watch List includes countries that are not making significant efforts to
comply with the minimum standards outlined in the Trafficking Victims Protection
Actandareplacedonthewatchlistbecause(1)thenumberofvictimsoftrafficking
is significant in numbers; (2) the government has failed to provide evidence of
increasedeffortstocombatsevereformsoftraffickingoverthepreviousyear;and
(3)commitmentsmadebyacountrytotakeadditionalstepsoverthenextyearbut
hasnotmetthiscommitment.
TheUSStateDepartmentreportdroppedVietnamfromtier2totier2watchlist.But
the report noted that the Vietnamese government is making significant efforts to
address the problem of trafficking. The report alleges that the Vietnamese
government has never reported prosecuting a case of labour trafficking, and
individuals involved in trafficking are usually convicted under the Penal Code on
someotheroffense.
There arethreereasonsforVietnamsloweredranking:(1)thereisno evidence of
progressincriminalprosecutionstopunishthoseinvolvedintrafficking;(2)Vietnam
hasnotputinplaceadequatemeasurestoprotecttherightsofVietnameseworkers
whogoabroadorregulatelabourrecruitmentcompanies;and(3)Vietnamhasnot
addressed the question of domestic trafficking. Finally, Vietnam does not have an
adequatesystemtoprotectthevictimsoftrafficking.
Yes,IfeeltheStateDepartmenthashighlightedexistinginadequaciesandnotedthat
when2010iscomparedto2009therehavenotbeenenougheffortstoaddressthe
keypointsusedinassessment.VietnamhasnotsignednorratifiedtheProtocolto
Prevent, Suppress and Punish Trafficking in Persons and the International Labour
OrganisationsConvention105onAbolitionofforcedlabourRatification.

SevenASEANmembersareonthetier2watchlist:inadditiontoVietnam,Brunei,
Singapore, Laos, Thailand, Malaysia, and the Philippines. Three Southeast Asian
countries are on tier 2 Cambodia, Indonesia and TimorLeste. Myanmar ranks at
thebottomasatier3country.
Malaysiawasupgradedthisyearfromtier3totier2watchlistforitsefforts.
2. From your own perspective, how can the US rank itself in Tier One, the highest
ranking in this regard, when it is wellknown for being unable to stem a flood of
illegalworkers,manyofwhomaretraffickedbyorganisedcriminalgangs?
ANSWER: The United States graded itself for the first time this year. It applied the
same standards to itself as it has other countries. The section of the Trafficking in
Persons Report 2010 on the United States clearly indicates that the US is a source
countryandadestinationcountryoftraffickinginpersons.Butthethreetierranking
system is based on meeting the minimum standards under the Trafficking Victims
ProtectionAct.Weightisplacedonthetypeoflegislationthathasbeenadoptedand
whether it covers all aspects of trafficking in persons. In addition to laws on the
books,thetiersystemlooksatthepenaltiesinthelaw,thefrequencyofcourtcases,
and the severity of punishments meted out to those found guilty of trafficking. In
other words, the tier system evaluates the intention and capacity of a country to
suppressallformsoftrafficking,domesticaswellasexternal.