Report on Domestic Violence as a
Vulnerability Factor in Human Trafficking
February 2015
Professor Susan Kneebone and Janelle Kenny, Monash University; together with CSAGA
(Centre for Studies and Applied Sciences in Gender, Family, Women and Adolescents)
Table of Contents
Table of Contents ........................................................................................................................................ 2
List of Figures .............................................................................................................................................. 5
List of Maps …………………………………………………………………………………………………….
5
Acknowledgments ....................................................................................................................................... 6
1.
2.
Executive Summary .............................................................................................................................. 7
Introduction to research project ........................................................................................................... 9
2.1
2.2
2.3
2.4
2.5
2.6
3.
Research objective ................................................................................................................................................. 9
Centre for Studies and Applied Sciences in Gender, Family, Women and Adolescents (CSAGA) ......................... 9
Methodology ........................................................................................................................................................ 11
Research questions .............................................................................................................................................. 12
Research ethics .................................................................................................................................................... 12
Limitations of the research .................................................................................................................................. 12
Trafficking in persons in Vietnam and China ........................................................................................ 13
3.1
3.2
3.3
3.4
3.5
3.6
3.7
3.8
3.9
Definitions ............................................................................................................................................................ 13
3.1.1 Trafficking in persons ............................................................................................................................... 13
3.1.2 Domestic violence .................................................................................................................................... 14
3.1.3 Trafficking victim ...................................................................................................................................... 14
3.1.4 Forced marriage ....................................................................................................................................... 15
3.1.5 Reintegration ........................................................................................................................................... 15
Vietnam ................................................................................................................................................................ 15
Bac Giang Province ............................................................................................................................................... 16
Trafficking in Persons in Vietnam ......................................................................................................................... 19
3.4.1 The situation ............................................................................................................................................ 19
3.4.2 Trafficking to China .................................................................................................................................. 19
3.4.3 The Vietnamese Government’s response to trafficking in persons ......................................................... 21
Trafficking in persons in China ............................................................................................................................. 22
3.5.1 The situation ............................................................................................................................................ 22
3.5.2 One Child Policy ..................................................................................................................................... 223
3.5.3 The Chinese Government’s response to trafficking in persons ............................................................... 23
Gender and trafficking in persons ........................................................................................................................ 24
Domestic violence and trafficking in persons ...................................................................................................... 24
International marriage migration and forced marriage ....................................................................................... 25
Effect of trafficking on children of trafficked person ........................................................................................... 26
3.9.1 Children born to trafficked woman in Vietnam before trafficking experience ....................................... 26
3.9.2 Nationality of children born to trafficked woman in China during trafficking experience ...................... 27
4. Analysis of profiles of research participants - trafficking causes and vulnerabilities……..
4.1
4.2
4.3
4.4
4.5
28
Age of trafficked persons, place of origin and year of trafficking ........................................................................ 28
Education level ..................................................................................................................................................... 29
Family composition and financial situation ......................................................................................................... 29
Marriage and children before trafficking experience .......................................................................................... 29
Vulnerability factors ............................................................................................................................................. 30
2
4.5.1 Domestic violence .................................................................................................................................... 31
4.5.2 Economic and industrial development .................................................................................................... 32
4.5.3 Poverty ..................................................................................................................................................... 33
4.5.4 Ill health ................................................................................................................................................. 334
5.
Analysis of profiles of research participants - Trafficking experiences……………………..
5.1
5.2
5.3
5.4
5.5
6.
Experiences on returning to Vietnam .................................................................................................. 44
6.1
6.2
6.3
6.4
6.5
6.6
6.7
6.8
6.9
7.
10.
The official's understanding of domestic violence and trafficking………………………………………..
51
Factors which can lead to trafficking ................................................................................................................... 52
Experiences of trafficked persons on their return to Vietnam ............................................................................ 52
Recommendations ............................................................................................................................................... 52
Conclusions and recommendations ..................................................................................................... 53
8.1
8.2
9.
Methods of returning ........................................................................................................................................... 44
6.1.1 Given permission by Vietnamese fiancé, husband or husband’s family ................................................. 44
6.1.2 Helped by another person ....................................................................................................................... 45
6.1.3 Returned by herself.................................................................................................................................. 45
Attitude of family to trafficked persons ............................................................................................................... 45
Attitude of neighbours to trafficked persons ...................................................................................................... 47
Attitude of authorities to trafficked persons ....................................................................................................... 47
Children from trafficking experience ................................................................................................................... 48
Marriage ............................................................................................................................................................... 49
Employment ......................................................................................................................................................... 50
Desire to return to China ..................................................................................................................................... 50
Hopes for the future ............................................................................................................................................ 50
Analysis of responses from officials ..................................................................................................... 51
7.1
7.2
7.3
7.4
8.
35
Techniques used by traffickers ............................................................................................................................ 35
5.1.1 Trafficker often known to trafficked person ............................................................................................ 35
5.1.2 Promise of employment........................................................................................................................... 36
5.1.3 Trafficked to China for marriage .............................................................................................................. 36
5.1.4 Drugged or anaesthetised ........................................................................................................................ 37
Place of origin and type of trafficking .................................................................................................................. 37
Marriage to a Chinese husband and length of time in China ............................................................................... 38
Exploitation .......................................................................................................................................................... 39
5.4.1 Physical abuse .......................................................................................................................................... 40
5.4.2 Sexual abuse............................................................................................................................................. 40
5.4.3 Verbal abuse ............................................................................................................................................ 41
5.4.4 Financial abuse ......................................................................................................................................... 41
5.4.5 Poor work conditions ............................................................................................................................... 41
5.4.6 Deprived of sufficient food ...................................................................................................................... 41
5.4.7 Forced contraception use ........................................................................................................................ 41
5.4.8 Held hostage or under surveillance ......................................................................................................... 42
5.4.9 Language barriers increasing vulnerability .............................................................................................. 42
Experiences of trafficked persons with children in Vietnam ............................................................................. 43
Conclusions .......................................................................................................................................................... 53
Recommendations ............................................................................................................................................... 53
Bibliography ....................................................................................................................................... 56
Appendix .......................................................................................................................................... 60
10.1
10.2
Appendix 1 - Survey for trafficked persons........................................................................................................ 60
Appendix 2 - Survey for family members of trafficked persons ........................................................................ 60
3
10.3
10.4
Appendix 3 - Survey for officials ........................................................................................................................ 61
Appendix 4 – Summary table of trafficking experiences ................................................................................... 62
10.4.1 Trafficked persons .................................................................................................................................. 62
10.4.2 Family members of trafficked persons .................................................................................................. 68
4
List of Figures
Figure 1 – Number of trafficked persons interviewed from each district……………………………………... 11
Figure 2 – Year of trafficking………………………………………………………………………………………
28
Figure 3 – Age of trafficked persons……………………………………………………………………………..
28
Figure 4 – Education level of trafficked persons………………………………………………………………..
29
Figure 5 – Factors that increase risk of trafficking………………………………………………………………
31
Figure 6 – Victim of domestic violence before trafficking experience………………………………………… 31
Figure 7 – Relationship to trafficker………………………………………………………………………………
35
Figure 8 – Type of initial trafficking……………………………………………………………………………….
37
Figure 9 – Married to Chinese husband………………………………………………………………………….
38
Figure 10 – Length of time in China………………………………………………………………………………
39
Figure 11 – Types of exploitation experienced by trafficked persons…………………………………………
40
Figure 12 – Common methods of return…………………………………………………………………………
44
Figure 13 – Current marital status………………………………………………………………………………..
49
Figure 14 – Recommendations……………………………………………………………………………………
55
List of Maps
Map 1 – South-east Asia…………………………………………………………………………………………..
16
Map 2 – Provinces of Vietnam…………………………………………………………………………………….
17
Map 3 – Bac Giang province with districts……………………………………………………………………….
18
Map 4 – Map of Southern China showing places of destination for trafficked persons in this study………
20
5
Acknowledgments
The research for this report was conducted between December 2010 and February 2011 by researchers employed by
the Centre for Studies and Applied Sciences in Gender, Family, Women and Adolescents (CSAGA), under the supervision
of Dr. Sallie Yea for an Australia Research Council (ARC) funded project “Delivering Effective Protection to Victims and
Prevention of Human Trafficking in the Greater Mekong Sub-region” (LP0990168 - the Project). This report is based on a
report drafted by CSAGA following the research they conducted.
The Project was led by Professor Susan Kneebone (Chief Investigator), Faculty of Law, Monash University, Australia. It
was conducted with the support of the following Partner Organisations: Australian Agency for International
Development (AusAID), United Nations Intra Agency Project on Human Trafficking (UNIAP) and the International
Organisation for Migration (IOM). The support of the ARC and the Partner Organisations for this study is gratefully
acknowledged. We also thank the Faculty of Law, Monash University for its support in connection with this project.
We thank CSAGA and in particular Nguyen Phuong Vy, Nguyen Van Anh, Pham Thanh Giang and other CSAGA employees
for their assistance. Invaluable translation was provided by Nguyen Thi Ngoc Anh, Nguyen Thi Hoang Giang and Nguyen
Tan Son. We also thank all the participants in the data collection.
Every attempt has been made to verify the information contained in this report. The views expressed are those of the
authors, Professor Susan Kneebone and Janelle Kenny.
6
1. Executive Summary
The data collection for this report was conducted by the Centre for Studies and Applied Sciences in Gender, Family,
Women and Adolescents (CSAGA) in December 2010 to February 2011 in Bac Giang province, Northern Vietnam. This
research was part of an Australia Research Council (ARC) funded project “Delivering Effective Protection to Victims and
Prevention of Human Trafficking in the Greater Mekong Sub-region” (LP0990168 - the Project) under the supervision of
Dr. Sallie Yea and led by Professor Susan Kneebone (Chief Investigator), Faculty of Law, Monash University, Australia.
This report is based on a report drafted by CSAGA following the field research.
The objective of this study was to gain a greater understanding of the links between domestic violence and human
trafficking in order to develop effective responses to these issues. Fifteen trafficked persons, three family members of
trafficked persons and three government officials were interviewed as part of this research project.
Many women from Northern Vietnam are trafficked to China every year for labour exploitation, marriage and sexual
exploitation. Some of these women have chosen to migrate and are subsequently exploited. Others are deceived from
the beginning or abducted using drugs or anaesthetic. 33% of the trafficked persons surveyed in this study were victims
of domestic violence before being trafficked and 93% came from poor families. The results from this research suggest
that poverty, domestic violence and a lack of viable economic opportunities are risk factors that increase an individual’s
vulnerability to trafficking. In this study, it was more common for trafficked persons to know their initial trafficker than
to be exploited by a stranger.
While there was an even spread between labour, forced marriage and sex trafficking in the women’s initial trafficking
experiences, their subsequent exploitation shows that slightly more of the trafficked persons experienced marriage
trafficking. Opportunistic traffickers take advantage of the consequences of the One Child Policy in the People’s
Republic of China (China) by bringing Vietnamese women to China for marriage. During their trafficking experiences, the
trafficked persons experienced a range of exploitation, including physical abuse and deprivation of their freedom of
movement. The exploitation experienced by trafficked persons who were married to Chinese men in some cases may
have also amounted to domestic violence.
The trafficked persons returned to Vietnam by various means: either with permission \ assistance from their husband,
assistance from another person, or by self-help. There was a spectrum of experiences upon returning to Vietnam, with
some of the women being stigmatised and others feeling supported by their family and community.
A number of recommendations have been made as a result of the findings from this research.
recommendations relate to awareness raising and capacity building activities.
The primary
It is vital that the Vietnamese
7
Government, in conjunction with district governments and non-governmental organisations, increases its efforts to
provide programs for the community to promote safe migration and prevention of human trafficking, with a particular
focus on high-risk communities. A better understanding about human trafficking needs to develop within Vietnam to
reduce stigma and to foster effective support for trafficked persons and vulnerable groups. Increased resources and
funding are needed to provide more effective support to returned trafficked persons. Poverty reduction and education
projects will also help to reduce vulnerability to trafficking.
Further research needs to be undertaken in relation to the link between domestic violence and human trafficking. It is
essential for authorities and non-governmental organisations to be aware of risk factors to prevent a domestic violence
situation from becoming a human trafficking situation.
More attention needs to be given to the experiences of children left behind in Vietnam when their mothers are
trafficked, and of children who are born in China to a Vietnamese mother and Chinese father. Research is required to
inform relevant and effective programs to deal with the issues these children encounter as a result of their mother’s
trafficking experience.
Finally, the Vietnamese Government needs to act swiftly to complete the implementation of the anti-trafficking law.
This requires capacity building programs to enable law enforcement and judicial officials to understand the practical
application of the definition of human trafficking and the process that needs to be followed for successful prosecutions
and punishment of traffickers.
8
2. Introduction to research project
2.1
Research objective
The ARC research project “Delivering Effective Protection to Victims and Prevention of Human Trafficking in the Greater
Mekong Sub-region” (the Project) studied anti-trafficking prevention and protection activities to determine whether
they were achieving their objectives.1 The Project also had a training component, with the aim of undertaking capacity
building to give non-governmental organisations, such as CSAGA, enhanced ability to conduct research and to use the
findings to develop their anti-human trafficking strategies in North Vietnam.2
The research for this particular part of the Project was undertaken by the Centre for Studies and Applied Sciences in
Gender, Family, Women and Adolescents (CSAGA). The aim was to:

gain a greater understanding into the link between domestic violence and human trafficking; and

develop informed projects and training programs to effectively address human trafficking and domestic
violence.
CSAGA recognises that domestic violence is a vulnerability factor in human trafficking. The organisation works with
female victims of both domestic violence and human trafficking, to achieve a greater understanding of the intersections
between these two problems and to develop effective approaches to combat these issues in Northern Vietnam.
2.2
Centre for Studies and Applied Sciences in Gender, Family, Women and Adolescents (CSAGA)
The Centre for Studies and Applied Sciences in Gender, Family, Women and Adolescents is a not-for-profit nongovernmental organisation, which was started in July 2001.3 While the organization is based in Hanoi, it conducts
projects in a number of locations throughout Vietnam, including Bac Giang province. 4
CSAGA focuses its attention on the issues faced by women and children, including human trafficking and domestic
violence.5 The organization aims to “be a pioneer [in] promoting the implementation of the rights of women and
1
Yea, S. et al, ‘Balancing Relations, Broadening Discourses? Shifting the terrain of local non-government organisation involvement in anti-trafficking
knowledge production in Vietnam’ in Human Trafficking in Asia: Forcing Issues, 2014, New York, 216-229, 217.
2
Yea et al. 2014, 217, 221.
3
Centre for Studies and Applied Sciences in Gender, Family, Women and Adolescents (CSAGA, 2013), 2013, http://www.csaga.org.vn/trangchu.htm?lang=en, accessed 10 March 2014; The Communication Initiative, 21 March 2011, Center for Studies and Applied Sciences in Gender,
Family, Women and Adolescents (CSAGA), http://www.comminit.com/content/center-studies-and-applied-sciences-gender-family-women-andadolescents-csaga, accessed 10 March 2014; see also Centre for Studies and Applied Sciences in Gender, Family, Women and Adolescents,
Presentation, CSAGA and Supporting Activities for Shelter and OSCC in Vietnam,
http://www.womenshelter.ca/presentations/internetCafe/Van%20Anh.pdf, accessed 10 March 2014.
4
CSAGA, 2013.
5
CSAGA, 2013; The Communication Initiative, 2011, http://www.comminit.com/content/center-studies-and-applied-sciences-gender-familywomen-and-adolescents-csaga, accessed 10 March 2014; see also Centre for Studies and Applied Sciences in Gender, Family, Women and
Adolescents (CSAGA) Presentation, undated, http://www.womenshelter.ca/presentations/internetCafe/Van%20Anh.pdf, accessed 10 March 2014.
9
children vulnerable to discrimination and violence through innovative approaches”. 6 To this end, CSAGA uses art,
counselling and media communication.7
CSAGA focuses on four main areas in its work: prevention, protection, advocacy and core capacities, which includes
resources, processes and communication.8 In its prevention work, CSAGA aims to increase the community’s knowledge
and understanding of women’s rights and gender equality, and to eliminate prejudice and stereotypes within its focus
locations.9 CSAGA is an active advocate for a rights-based legal framework, particularly in relation to gendered issues
such as domestic violence.10 This organisation also works to protect trafficked persons, by providing them with capacity
building activities, including self-help groups and career advice.11 To tackle this problem, CSAGA implements training
programs to improve the understanding of human trafficking and develop the capacities of victims, organisations,
authorities and the community in general.12
CSAGA is considered by other organisations to be a leader in the prevention of gender-based violence.13 It receives
funding and support from international organisations including the United Nations (UN), International Organisation for
Migration (IOM), Global Fund for Women, United Nations Inter-Agency Project on Human Trafficking (UNIAP) and the
United Nations Office on Drugs and Crime (UNODC).14 Between 2008 and 2012 in North Vietnam, CSAGA provided
assistance to 1,362 domestic violence and human trafficking victims. 15 They have established five call centres, which
operate throughout Vietnam to offer counseling to victims.16
While it is commonly thought that domestic violence is confined to the uneducated poor, CSAGA operates under the
belief that domestic violence can occur in any situation, “regardless of location, social status, economic wealth or
academic qualifications”.17
6
CSAGA, 2013.
CSAGA, 2013; The Communication Initiative, 2011; CSAGA Presentation undated.
CSAGA, 2013; The Communication Initiative, 2011.
9
CSAGA, 2013.
10
CSAGA, 2013; see also Global Fund for Women, undated, Center for Studies and Applied Sciences in Gender, Family, Women and Adolescents
(CSAGA), https://grants.globalfundforwomen.org/GFWSearch/index.php?id=17570, accessed 10 March 2014.
11
CSAGA, 2013; The Communication Initiative, 2011; CSAGA Presentation, undated; Next Giving, undated, Center for Studies and Applied Sciences
in Gender, Family, Women and Adolescents (CSAGA), http://www.phusongyeuthuong.org/en/organizations/17-common/179-centre-for-studiesand-applied-sciences-in-gender-family-women-and-adolescents, accessed 10 March 2014.
12
CSAGA, 2013; The Communication Initiative, 2011.
13
Global Fund for Women, undated.
14
Global Fund for Women, undated; Next Giving, undated; United Nations Inter-Agency Project on Human Trafficking (UNIAP), undated, Support to
Underserved Victims, http://www.no-trafficking.org/init_underserved.html, accessed 10 March 2014.
15
Next Giving, undated.
16
Next Giving, undated; UNIAP, Support to Underserved Victims, undated; CSAGA Presentation, undated.
17
CSAGA, 2013.
7
8
10
2.3
Methodology
The field of research was limited to three districts in the Bac Giang province – Viet Yen, Tan Yen and Hiep Hoa. In-depth
interviews were conducted with three categories of individuals – trafficked persons, family members of trafficked
persons and district government officials. The trafficked persons had participated in CSAGA’s activities including the
“Developing a support network for victims of human trafficking” project in 2006 and 2007, as well as the “Establishing
clubs and providing reliable consulting services for victims of human trafficking” project in 2009 and 2010. They were
members of a club for returned trafficked persons in Bac Giang province.
Figure 1 - Number of trafficked persons interviewed from each district
8
7
6
5
4
3
2
1
0
Number of trafficked persons
interviewed
Hiep Hoa
Viet Yen
Tan Yen
6
7
2
Fifteen trafficked persons, and five family members of trafficked persons, were asked about the circumstances and
experiences before, during and after being trafficked. All of the family members lived in Viet Yen district, as did the
three officials who were also interviewed. The officials were asked about their understanding of the trafficking problem
in Viet Yen district, including the reasons for trafficking, the link to domestic violence and the support services available
to returned trafficked persons. Two officials were district government officers and one was the Chairwoman of the
Woman’s Union in her district. The latter official had also had 15 years of experience working at the Department of
Labour, Invalids and Social Affairs (DOLISA) in the vocational training centre. The questions that were asked during these
interviews have been included in the annex to this report.
The trafficked women who were interviewed displayed considerable strength in their rehabilitation and reintegration
after their trafficking experience. All of the women have reintegrated into communities and families and assumed
responsibility as mothers, wives and employees. They have broken free from the ‘victim’ mentality and have not let
their trafficking experience define them or limit their future.
11
2.4
Research questions
CSAGA conducted this research to discover the answers to the following questions:

Before being trafficked, what was the woman’s family life like? How did her family life affect her psychology if
she was a victim of domestic violence?

Is there a direct or indirect relationship between domestic violence and human trafficking?

Is discrimination from the community one of the causes of domestic violence after returning home?
2.5
Research ethics
The research was conducted in accordance with the ethical procedures approved by the Monash University Human
Research and Ethics Committee (Application CF10/0173-2010000057: “Delivering Effective Protection to Victims and
Prevention of Human Trafficking in the Greater Mekong Sub-Region”).
The privacy, dignity and safety of research participants were ensured by the following ethical procedures:

Written consent was obtained before the interview;

Every participant was assured that their identity would remain confidential and all were free to withdraw from
the interview at any time or to refuse to answer any question that they did not feel comfortable to answer; and

2.6
The researchers ensured that no harm was caused to participants and their security and safety was assured.
Limitations of the research
As this was a small scale pilot research project, it had some inherent limitations. The research team was unable to
extend the data collection due to a lack of researchers, time and financial resources. Furthermore, CSAGA focuses on
women and children who have been trafficked. This research only surveys female adults who have experienced
trafficking. Results therefore are based on an assessment of data collected from a small sample, which constitutes only a
small proportion of the total population of trafficked persons.
Further, slightly different survey questions were used for different categories of interviewees (see Appendix 1 to 3). For
example, some questions asked of trafficked persons were not asked of the family members who were interviewed. In
addition, not all interviewees answered all of the questions on the surveys. Moreover, the data obtained from a family
member of a trafficked person is obviously different to that which the trafficked person can provide. An additional
limitation occurred when the CSAGA researchers returned to the field to ask the study participants some further
questions.18 Not all original interviewees could be found, which meant that the researchers were unable to obtain the
additional information they required for the study.19
18
19
Yea et al 2014, 226.
Ibid.
12
3. Trafficking in persons in Vietnam and China
3.1
Definitions
3.1.1
Trafficking in Persons
The widely accepted international definition of trafficking in persons is found in the Protocol to Prevent, Suppress and
Punish Trafficking in Persons, Especially Women and Children, supplementing the United Nations Convention against
Transnational Organised Crime (Trafficking Protocol).20 Vietnam ratified the Trafficking Protocol on 8 June 2012.21
Similarly, China ratified the Trafficking Protocol on 8 February 2010.22
Article 3(a) of the Trafficking Protocol defines human trafficking as:
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. 23
Vietnam’s definition of human trafficking in Article 3 of Law No. 66/2011/QH12 on Human Trafficking Prevention and
Combat (“the anti-trafficking law”) includes the following offences:
(1)
Trafficking in persons under Articles 119 and 120 of the Penal Code.
(2)
Transferring or receiving persons for sexual exploitation, forced labor or removal of human organs or
other inhuman purposes.
(3)
Recruiting, transporting or harboring persons for sexual exploitation, forced labor, removal of human
organs or other inhuman purposes or for committing an act specified in Clause 1 or 2 of this Article.
(4)
Forcing others to commit an act specified in Clause 1, 2 or 3 of this Article.
(5)
Acting as a broker for others to commit an act specified in Clause 1, 2 or 3 of this Article.24
20
Protocol to Prevent, Suppress and Punish Trafficking in Persons, especially Women and Children, supplementing the United Nations Convention
Against Transnational Organized Crime (Trafficking Protocol), opened for signature 15 November 2000, 2237 UNTS 319 (entered into force 25
December 2003).
21
United Nations, 9 May 2014, Status of the Protocol to Prevent, Suppress and Punish Trafficking in Persons, especially Women and Children,
supplementing the United Nations Convention Against Transnational Organized Crime (“Status of the Trafficking Protocol”),
https://treaties.un.org/Pages/ViewDetails.aspx?src=TREATY&mtdsg_no=XVIII-12-a&chapter=18&lang=en, accessed 29 April 2014.
22
United Nations, Status of the Trafficking Protocol; see also Kneebone S. and Debeljak J., “Implementing the Trafficking Protocol in the Greater
Mekong Subregion: The Trafficking Definition” in Transnational Crime and Human Rights: Responses to Human Trafficking in the Greater Mekong
Subregion, 2012, Routledge, 100-176, 157.
23
Trafficking Protocol 2000, art 3(a).
24
Socialist Republic of Vietnam, National Assembly, Law No. 66/2011/QH12 on Human Trafficking Prevention and Combat.
13
To fully understand the definition of trafficking in persons in Vietnamese law, consideration has to be given to the
relevant offences in the Penal Code25. Article 119 makes trafficking in women an offence, while Article 120 deals with
trafficking in children.26
3.1.2
Domestic violence
Article 2 of Vietnam’s Law on Domestic Violence Prevention and Control 27 defines domestic violence as including the
following:
a) Corporal beating, ill-treating, torturing or other purposeful acts causing injuries to one’s health and life;
b) Insulting or other intended acts meant to offend one’s human pride, honour and dignity;
c) Isolating, shunning or creating constant psychological pressure on other family members, causing serious
consequences;
d) Preventing the exercise of the legal rights and obligations in the relationship between grandparents and grand
children, between parents and children, between husbands and wives as well as among brothers and sisters;
e) Forced sex;
f)
Forced child marriage; forced marriage or divorce and obstruction to freewill and progressive marriage;
g) Appropriating, demolishing, destroying or other purposeful acts to damage the private properties of other
family members, or the shared properties of family members;
h) Forcing other family members to overwork or to contribute more earning that they can afford; controlling other
family members’ incomes to make them financially dependent;
i)
Conducting unlawful acts to turn other family members out of their domicile. 28
This definition broadly encompasses physical, sexual, financial, emotional and psychological abuse towards a family
member and includes forced marriage.
3.1.3
Trafficking victim
In this report, the terms “trafficked person”, “trafficked woman” and “trafficked relative” have been adopted rather
than “trafficking victim”, as they are less stigmatising and restrictive.
It is acknowledged that the women who were interviewed were victims of exploitation. However, their trafficking
situation has ended and they have been involved in CSAGA projects to facilitate their rehabilitation and reintegration.
As such, they are no longer victims and they are not defined solely by their trafficking experience.
25
Socialist Republic of Vietnam, National Assembly, Penal Code, No. 15/1999/QH10.
Penal Code, arts 119-120.
Socialist Republic of Vietnam, National Assembly, Law 02/2007/QH12 on Domestic Violence Prevention and Control.
28
Law 02/2007/QH12 on Domestic Violence Prevention and Control, art 2.
26
27
14
3.1.4
Forced marriage
Forced marriage, which is an aspect of the phenomenon of international marriage migration, is often portrayed as
closely linked to human trafficking and labour migration. The women are perceived to be vulnerable and passive, when
in reality many women exercise agency in choosing to migrate for marriage.
In this report, the term ‘forced marriage’ has been adopted due to its common usage, however this is qualified with an
acknowledgment of the complexities involved in the international movement of women for the purpose of marriage.
3.1.5
Reintegration
According to UNIAP, reintegration is defined as follows:
(Re)integration should … be about ensuring victims of trafficking regain their autonomy and control of their own
lives. It is not just about returning back home, but about being socially and economically empowered to make
better informed decisions, and to become a healthy, productive member of society wherever that might be. In
many cases (re)integration means a victim will return to his/her family and area of origin, but it may also involve
integration into a new community or even a new country, depending on the needs and opportunities available
for the victim. A central aspect of (re)integration is to promote self-reliance and resiliency, and to empower,
encourage, and equip returned victims of trafficking to improve their own situation based on their skills and
aspirations.29
3.2
Vietnam
Vietnam is located within the Greater Mekong Sub-region of South-east Asia. It shares borders with China, Cambodia
and Lao PDR.30 Vietnam has many provinces, however the research in this report focuses on Bac Giang province in
Northern Vietnam.
In 2012, Vietnam had a population of 88.77 million 31. Almost a quarter of the population (23%) were aged 14 years or
under.32 It is reported that in 2013 32.3% of the population lived in urban areas, with the majority residing in rural
Vietnam.33
Vietnam has a GDP of US$155.8 billion.34 Of the working population in 2011, 48.4% worked in agriculture and 21.3%
were employed in the industrial sector.35
29
United Nations Inter-Agency Project on Human Trafficking, SIREN Report: Re-thinking reintegration – What do returning victims really want &
need? Evidence from Thailand and the Philippines, GMS-07, 28 August 2009.
30
United Nations Inter-Agency Project on Human Trafficking, 2015, UNIAP Vietnam, www.no-trafficking.org/vietnam_who.html, accessed 9 March
2015.
31
World Bank, 2015, Data – Vietnam, http://data.worldbank.org/country/Vietnam , accessed 9 March 2015.
32
UN Data, 2015, http://data.un.org/CountryProfile.aspx?crName=Viet+Nam , accessed 9 March 2015.
33
UNDP, 2014 Human Development Statistical Tables, at http://hdr.undp.org/en/data, accessed 4 August 2014.
34
World Bank, 2015
35
UN Data, 2015.
15
Map 1: South-east Asia
Source: Singapore Transport Supply Service, http://www.stss.com.sg/wp-content/uploads/2009/09/southeast_asia_map2.gif
accessed 27 May 2014.
3.3
Bac Giang Province
CSAGA’s research was conducted in Bac Giang province (see Map 2). The research was conducted in three of Bac
Giang’s districts, namely Viet Yen, Tan Yen and Hiep Hoa (see Map 3).
Bac Giang is located in Northern Vietnam, approximately 50km from Hanoi.36 In 2008, it had a population of over 1.6
million.37 The province’s population is spread fairly evenly between rural and urban areas.38 While there are people
from 26 ethnic groups living in Bac Giang, the overwhelming majority (88.1%) are ethnic Vietnamese. 39
36
(e)visa.com.vn, 19 December 2012, Travel guide for Bac Giang province, Vietnam, https://www.evisa.com.vn/resources/vietnam-travelguide/item/621-travel-guide-for-bac-giang-province-vietnam, accessed 15 April 2014.
37
(Ibid.
38
Ibid.
39
Ibid.
16
Bac Giang’s economy is driven mainly by agriculture, however forestry and other industries are also important in the
area. Since the formation of economic development zones, which include Bac Giang province (see Map 3), the poverty
level has dropped and the economy is being diversified to include a range of different industries. 40 As will be discussed
below, CSAGA’s research shows that a negative consequence of this development is the loss of farming land, which
contributes to the incidence of trafficking in the province.
Map 2: Provinces of Vietnam
Source: The Encyclopedia of Earth, Agency, C.,
Fund, W., & Department, U., 2012,
http://www.eoearth.org/view/article/172991/,
accessed 10 May 2014.
40
Ibid.
17
Map 3: Bac Giang province with districts
Source: Invest in Vietnam, http://investinvietnam.vn/data/image/BacGiang.jpg, accessed 31 March 2014.
18
3.4
Trafficking in Persons in Vietnam
3.4.1
The situation
In Vietnam, trafficking is experienced by men, women and children.41 This report focuses specifically on trafficking in
women. While cultural, economic and social factors result in females being the most vulnerable to trafficking42, many
women chose to migrate but are exploited during their migration journey.43 While Vietnam is also a transit and
destination country for trafficking in persons, it is principally a source destination for countries such as Cambodia, China
and countries in the Greater Mekong Sub-region.44 It is recognised that the primary destination for trafficked persons
from Southern Vietnam is Cambodia, while the majority of trafficked persons from Northern Vietnam end up in China.45
Although Vietnam previously understood human trafficking to be primarily a phenomenon that was connected to the
prostitution of women and children, Vietnam is beginning to view this issue as a much more multi-faceted problem that
includes internal migration and the trafficking of men. 46 As discussed below, there is also a new trend of traffickers
using the Internet to entice people into a trafficking situation, particularly urban middle-class Vietnamese people.47
3.4.2
Trafficking to China
China and Vietnam are extensively connected by approximately 1,200 kilometres of border 48, along which there are 21
international, national and provincial border gates. 49 It is estimated by UNIAP that 70% of Vietnamese women who are
trafficked across borders are trafficked to China.50 Vietnamese women are trafficked to China for sex, labour and
marriage.51 Women are mainly trafficked to China from the north of Vietnam52 through provinces such as Lang Son,
which shares a border with China.53 The destination for these women is not only the Chinese provinces along the
border, but also inland provinces including Guangdong (Quang Dong) (see Map 4 below).54
41
United Nations Inter-Agency Project on Human Trafficking, 2015; US State Department, Trafficking in Persons Report – Vietnam (2013) (TIP
Report 2013), 392-395, 392; Kneebone S. and Debeljak J., 2012, 148-9.
42
US State Department, ‘Topics of Special Interest – Domestic Violence and Human Trafficking’, Trafficking in Persons Report 2009 (TIP Report
2009), 41.
43
Hoang L. A., “Gender and Agency in Migration Decision Making: Evidence from Vietnam”, Asia Research Institute Working Paper Series No. 115,
April 2009, www.ari.nus.edu.sg/docs/wps/wps09_115.pdf, accessed 29 July 2014.
44
United Nations Inter-Agency Project on Human Trafficking, UNIAP Vietnam, www.no-trafficking.org/vietnam_who.html; Pham 2013, 2; TIP
Report 2009, 41; TIP Report 2013, 393; see also Kneebone and Debeljak, 2012, 149.
45
Kneebone and Debeljak, 2012, 148; TIP Report 2013, 393; see also United Nations Inter-Agency Project on Human Trafficking, UNIAP Vietnam,
www.no-trafficking.org/vietnam_who.html , accessed 15 March 2015.
46
Kneebone and Debeljak, 2012, 148.
47
TIP Report 2013, 393.
48
Pham T., Trafficking in Women from Vietnam to China: An Analysis of Push and Full Factors, 2013, 2.
49
Pham 2013 (citing Wang 2005), 4; see also similarly United Nations Inter-Agency Project on Human Trafficking, Human Trafficking Sentinel
Surveillance: Viet Nam-China Border 2010 – Lang Son, Lao Cai, Quang Ninh, 2011, 15.
50
United Nations Inter-Agency Project on Human Trafficking, 2015.
51
Ibid; Pham 2013, 2, 5.
52
Hoang T. T. P., An Analysis of the Protection Regime for Trafficked Persons – From the International to Vietnam, Thesis, Monash University, 2013,
174; United Nations Inter-Agency Project on Human Trafficking, 2015; TIP Report 2013, 393.
53
United Nations Inter-Agency Project on Human Trafficking, 2015.
54
Ibid. See also United Nations Inter-Agency Project on Human Trafficking, UNIAP China, www.no-trafficking.org/china.html, accessed 14 June
2014.
19
In this study, all of the trafficked persons were trafficked to China. While their exact location in China was not always
stated, two of the trafficked persons found themselves in Bang Tuong, which is close to the Vietnam-China border.
Another four persons were trafficked to Guangdong province in Southern China.
Map 4: Map of Southern China showing places of destination for trafficked persons in this study
Source: Joho Maps, http://www.johomaps.com/as/china/chinasouth.html, accessed 7 May 2014.
Vietnam –
China Border
While a lack of economically viable employment opportunities and poverty can lead to trafficking in persons55, they are
not direct causes of trafficking but vulnerability factors that increase the likelihood of exploitation occurring.56 There is a
supply and demand aspect to trafficking in women from Vietnam to China, as there are women who want to leave
Vietnam for work so that they can earn more money, as well as a need in China for cheap labour and wives. 57 For
example, China’s One Child Policy has had a significant influence on trafficking in Vietnamese women.58 There is a
shortage of females in China, which has created a demand for wives from Vietnam.59 On the other hand, Vietnamese
culture creates the expectation that females will get married, have children and support their parents financially.60
These gender roles increase the pressure on females to migrate to find a husband and a good job, which also increases
55
UNIAP Sentinel Report 2011, 5; Pham 2013, 6-7, 9-10 (citations excluded).
Pham 2013, 6-7, 9-10 (citations excluded).
Ibid, 7-11; UNIAP Sentinel Report 2011, 5-6.
58
See Chan, C. et al., Demographic consequences of China’s One-Child Policy, 2006,
fwww.umich.edu/~ipolicy/IEDP/2006china/6)%20Demographic%20Consequences%20of%20China’s%20One-Child%20Policy.pd, accessed 29 July
2014, 7-8, 16; Pham 2013, 6-7, 9-10, 12-13 (excluding citations); US State Department, Trafficking in Persons Report – China (2013), 128-131, 129,
131.
59
United Nations Inter-Agency Project on Human Trafficking, 2015; Pham 2013, 7-8 (citations excluded); see also Chan et al 2006, 5-7, 16;
Protection Project, A Human Rights Report on Trafficking in Persons, Especially Women and Children, 2010, www.protectionproject.org/wpcontent/uploads/2010/09/China.pdf, accessed 29 July 2014, 3; TIP Report 2013, 129, 131.
60
Pham 2013, 11 (citations excluded).
56
57
20
her vulnerability to trafficking.61 Women who are trafficked for marriage can also be forced to work as prostitutes or
labourers.62 On the other hand, some women choose to migrate to look for work and are subsequently trafficked for
marriage.63 UNIAP reports that organised groups are becoming more prevalent in the trafficking problem, with use of
anaesthetics, abduction and violence becoming more common.64
3.4.3
The Vietnamese Government’s response to trafficking in persons
Vietnam has a new anti-trafficking law that began operation in January 2012 65, which employs a definition of trafficking
that is consistent with the internationally accepted definition in the Trafficking Protocol.66 However, there have been
significant delays in the implementation of this new law which creates offences but does not stipulate the penalties for
their breach.67 Instead, Vietnam’s labour and criminal laws are used to prosecute traffickers.68 While Article 119 of the
Penal Code originally created the offence of trafficking in women, 69 the definition was expanded in 2009 to include all
human beings, thus including males.70 Furthermore, Article 120 provides for an offence of trafficking in children.71
Despite the sufficient penalties that are provided for offences against Articles 119 and 120, the scope for application of
these provisions is limited due to both the lack of definitions and restrictive interpretations by judicial officers. 72 In
addition, the Penal Code focuses more heavily on child trafficking and trafficking for sexual exploitation than labour or
marriage trafficking.73 Furthermore, offences for labour trafficking under labour laws are not punished as criminal
offences.74
The 2013 Trafficking in Persons Report states that Vietnam has taken insufficient action in relation to the identification
and protection of victims and the law enforcement of all types of trafficking. 75 However, Vietnam has improved its
response to human trafficking in recent years, moving from the Tier 2 Watch List in 2010 and 2011 to Tier 2 in 2012 and
2013.76
61
Ibid, 11-12.
TIP Report 2013, 393; UNIAP Sentinel Report 2011, 5.
63
UNIAP Sentinel Report 2011, 5.
64
United Nations Inter-Agency Project on Human Trafficking; UNIAP Vietnam, www.no-trafficking.org/vietnam_who.html, accessed 15 March
2015.
65
See TIP Report 2013, 393; UNIAP Sentinel Report 2011, 7.
66
UNIAP Sentinel Report 2011, 7.
67
Penal Code, No. 15/1999/QH10; TIP Report 2013, 393.
68
Kneebone and Debeljak, 2012, 151, 172; TIP Report 2013, 393-394; UNIAP Sentinel Report 2011, 6-9.
69
Kneebone and Debeljak, 2012, 172; TIP Report 2013, 393; Socialist Republic of Vietnam, National Assembly, Penal Code, No. 15/1999/QH10;
UNIAP Sentinel Report 2011, 6-7.
70
Kneebone and Debeljak, 2012, 151 (citations excluded); UNIAP Sentinel Report 2011, 6; UNIAP Sentinel Report 2011, 6-7; Penal Code, No.
15/1999/QH10.
71
Penal Code, No. 15/1999/QH10; Kneebone and Debeljak, 2012, 151 (citations excluded), 172; TIP Report 2013, 393-4; UNIAP Sentinel Report
2011, 6-7.
72
Penal Code, No. 15/1999/QH10; TIP Report 2013, 393-4; UNIAP Sentinel Report 2011, 6-7; see also Kneebone and Debeljak 2012, 151.
73
Penal Code, No. 15/1999/QH10; UNIAP Sentinel Report 2011, 7.
74
UNIAP Sentinel Report 2011, 7; TIP Report 2013, 394.
75
TIP Report 2013, 393-5.
76
US State Department, Trafficking in Persons Report – Vietnam (2012), 370-374, 370; US State Department, Trafficking in Persons Report –
Vietnam (2011), 383-387, 383; US State Department, Trafficking in Persons Report – Vietnam (2010), 349-352, 349; TIP Report 2013, 392.
62
21
The Vietnamese Government has established a National Steering Committee on Human Trafficking that addresses all
trafficking types in accordance with the 2011-2015 National Action Plan, with the assistance of a budget of roughly $15
million.77 According to Hoang, this National Plan of Action fails to deal with the relationship between labour migration
and trafficking in persons.78 However, it is not limited to trafficking in women and children, but takes the broader
“trafficking in persons” approach.79 In 2010, together with the Chinese Government, the Vietnamese Government
signed a Memorandum of Understanding on Strengthening Cooperation on Preventing and Combating Human
Trafficking (MOU 2010).80 This is a significant step in Vietnam’s anti-trafficking efforts, as the majority of Vietnamese
trafficked persons are trafficked to China, as discussed above. Both governments have agreed to cooperate in
prevention, communication and identification of trafficked persons (MOU 2010, article 1).81
3.5
Trafficking in Persons in China
3.5.1
The situation
China considers human trafficking to be a phenomenon that affects women and children. 82 It is perceived as a problem
that should be dealt with using the criminal legal system as it threatens public security and social harmony. 83
China is a destination and source country for human trafficking of men, women and children for the purposes of
marriage, illegal adoption, labour and sexual services.84 Trafficked persons originate from countries including Vietnam,
Korea, Russia and Myanmar.85 Nevertheless, more people are trafficked internally in China than to and from other
countries.86 This is driven by rural to urban migration and the search for employment. 87
3.5.2
One Child Policy
China’s One Child Policy began in 1979 for economic and population growth reasons.88 However, social consequences,
including human trafficking, are becoming more apparent as China deals with the gender imbalance that was created by
the birth restrictions89. Traditionally, Chinese families have favoured male babies, 90 which has led to selective abortions,
77
Phuong 2013, 185 (references excluded); TIP Report 2013, 395.
TTP Hoang 2013, 185-6.
Ibid, 185.
80
UNIAP Sentinel Report 2011, 10; Kneebone and Debeljak, 2012, 158.
81
UNIAP Sentinel Report 2011, 10.
82
Kneebone and Debeljak 2012, 155, 157 (citations excluded).
83
Ibid, 155 (citations excluded).
84
Protection Project 2010, 1-4; TIP Report 2013, 128-9; UNIAP, UNIAP China.
85
Protection Project 2010, 2; TIP Report 2013, 128; UNIAP, UNIAP China.
86
Protection Project 2010, 1-2; TIP Report 2013, 128-9; see also UNIAP, UNIAP China.
87
Protection Project 2010, 2.
88
Chan et al. 2006, 3, 8, 16; Monte cited in Pham 2013, 7.
89
See Chan et al. 2006; Pham 2013, 7-9 (citations excluded), 12-13; Protection Project 2010, 3; TIP Report 2013, 129, 131; UNIAP Vietnam,
www.no-trafficking.org/vietnam_who.html, accessed 15 March 2015.
90
Chan et al. 2006, 5-6,11; Pham 2013, 7-8,11-12 (citations excluded); Protection Project 2010, 3; UNIAP Sentinel Report 2011, 5.
78
79
22
abandonment and infanticide of female babies.91 As a consequence, in 2012 there were 108 males for every 100
females in China.92 There are 18 million more males between the ages of 20 and 45 than females of the same age. 93
Opportunistic traffickers have taken advantage of this gender imbalance by providing females from countries such as
Vietnam to counter the problem that Chinese men have in finding a wife. 94
3.5.3
The Chinese Government’s response to trafficking in persons
After being on the Tier 2 Watch List for nine years, in 2013 China was placed on the list of Tier 3 countries due to its
insufficient efforts to eliminate human trafficking through prevention, prosecution and protection.95
China has a number of provisions in its Criminal Law that relate to human trafficking offences, including:

Deprivation of liberty (Article 238);

Trafficking or abduction of women and children (Article 240);

[B]uying abducted women and children (Article 241);

Forced labour (Article 244);

Interfering in freedom of marriage using force (Article 257); and

Harbouring, forcing, organising or seducing a person into prostitution (Articles 358-9).96
Nevertheless, these offences do not constitute a comprehensive or effective legal framework for the prosecution and
punishment of traffickers.97 China has not implemented the trafficking definition in the Trafficking Protocol.98 These
criminal law offences only relate to trafficking in women and children, ignoring the same offences against men. 99
Furthermore, the extent to which China is using its Criminal Law to effectively prosecute traffickers is unclear.100
The Chinese Government has established two shelters for overseas trafficking victims.101 However, there have been
reported cases of foreign trafficking victims being deported for immigration law breaches. 102 In this context, therefore,
there are serious problems around identification of Vietnamese trafficking victims in China.103
91
Chan et al. 2006, 5-6; Protection Project 2010, 3.
United Nations Data, China, http://data.un.org/CountryProfile.aspx?crname=China, accessed [##insert]; see also TIP Report 2013, 128.
UNIAP Sentinel Report 2011, 5.
94
Chan et al. 2006, 7-8; Pham 2013, 7-9 (citations excluded); Protection Project 2010, 3; TIP Report 2013, 129; UNIAP Sentinel Report 2011, 5.
95
TIP Report 2013, 129.
96
humantrafficking.org, Government Laws – Criminal Law of the People’s Republic of China (1997),
www.humantrafficking.org/government_law/16, accessed 14 June 2014; Protection Project 2010, 5-6; Kneebone and Debeljak 2012, 157 (citations
excluded), 174-6; TIP Report 2013, 130; UNIAP Sentinel Report 2011, 9-10.
97
TIP Report 2013, 130.
98
Kneebone and Debeljak 2012, 157.
99
Ibid.
100
TIP report 2013, 129-130.
101
Ibid.
102
Ibid, 130.
103
Ibid.
92
93
23
3.6
Gender and trafficking in persons
In Vietnam, cultural gender roles and expectations in the family mean that women are less likely to migrate than their
male counterparts.104 However, according to Kneebone and Debeljak, “many receiving state policies on trafficking have
been framed around the assumption that the victims of trafficking are predominantly vulnerable female prostitutes”. 105
Despite the recent developments in Vietnam’s response to trafficking in persons, the approach may still be framed by a
gendered understanding of the issue.106
3.7
Domestic violence and trafficking in persons
Vietnam’s national study on domestic violence in 2010 found that 32% of women had been subjected to physical
domestic violence, 54% had experienced emotional abuse and 10% had been subjected to sexual violence by their
husband at some point in their life.107
According to a 2011 study on family relationships in Vietnam, domestic violence is twice as likely to affect “families with
low living standards”.108 Domestic violence is also caused by “gender prejudices [that] are deep-rooted in the
preconception of many Vietnamese generations”, as the husband is the head of the household and “many husbands use
force to have things done as they want”.109 Significantly, “wives who contribute more to the family’s economy are more
likely to suffer from violence” due to the subsequent changes in family roles. 110 Domestic violence is culturally
considered to be a shameful problem that is often not dealt with because women lack an awareness of their rights and
because it is considered to be a matter that is to be dealt with in the family. 111
USAID’s research suggests that there are three vulnerabilities to trafficking that can be caused by domestic violence.112
Firstly, a victim of domestic violence may find themselves in a position where they need to immediately escape. 113 The
victim may not be able to make rational decisions and may be willing to take more risks because of the need to escape
for self-preservation.114
104
Hoang L. A. 2009, 8-10, 14-15.
Kneebone and Debeljak, 2012, 54.
TTP Hoang 2013, 194.
107
Vietnam, Ministry of Planning and Investment General Statistics Office, “Keeping silent is dying” – Results from the National Study on Domestic
Violence Against Women in Viet Nam: Summary Report, 2010, 15-17.
108
Minh N. H.and Hong T. T., ‘Violence in the Husband and Wife Relationship’ in Ministry of Culture, Sports and Tourism, the Institute for Family
and Gender Studies and UNICEF, Intra-Family relationships of the Vietnamese families: Key findings from in-depth analyses of the Vietnam Family
Survey, 2011, 57-77, 64-8.
109
Minh and Hong 2011, 64
110
Ibid, 64, 67-8.
111
Ibid, 69-70, 75-6.
112
United States Agency for International Development, Examining the Intersection between Trafficking in Persons and Domestic Violence, June
2007, vi-vii, 7.
113
USAID 2007, vi-vii, 5, 7.
114
Ibid, 5 (citations excluded).
105
106
24
Secondly, victims of domestic violence may suffer from low self-esteem or confidence, which could be exploited by the
trafficker to lead them into a trafficking situation.115
Thirdly, children who witness or experience domestic violence may leave school or home early and become vulnerable
to trafficking.116 As these factors can reduce a child’s future job outlooks due to their disrupted education, they can be
at greater risk of being exploited by a trafficker. 117
Together with other vulnerabilities, the consequences of domestic violence can lead to a trafficking situation. 118 When
combined with other causative factors, domestic violence can become “a ‘tipping point”’ which leads to human
trafficking.119 As with poverty, domestic violence is not a direct cause of human trafficking, but a factor that can increase
a person’s desire to migrate and, subsequently, their vulnerability to trafficking.120
3.8
International Marriage Migration and forced marriage
The 1990s saw the “[l]arge-scale marriage migration” of Vietnamese women to East Asian countries. 121 As discussed
above, one of the causes of international marriage migration is the gender imbalance that is present in some Asian
countries, particularly China.122 Another cause relates to “issues of cultural identity, desire for mobility, and women’s
agency in ‘global hypergamy’, notably where women marry to move up to a higher socio-economic location in the global
hierarchy”.123 Other women may marry a foreigner because of obedience to her parents or because of poverty.124
However, Bélanger states that most marriage migrants exercise agency in their choice to migrate and marry, and are not
forced by their family.125
Some couples are introduced to their partner using a formal agency, while others are orchestrated “by other wives who
live abroad, whether friends, relatives, or from the same communities”.126 As the husband’s family has paid a significant
sum of money for the foreign wife, they may confine her to the home and confiscate her passport to protect their
115
Ibid, vi-vii, 5, 7.
Ibid (citations excluded).
Ibid (citations excluded).
118
Ibid, 5, 7.
119
Ibid, 6-7.
120
Ibid, vi-vii, 4-5, 6-7; TIP Report 2009, 41.
121
Sayarath V. T., Report on the state of government policies and laws affecting marriage migration from Cambodia and Vietnam to South Korea
and Taiwan, October 2012, 18.
122
See also Le D. B., Truong T-D and Khuat T. H., “Transnational Marriage Migration and the East Asian Family-Based Welfare Model: Social
Reproduction in Vietnam, Taiwan, and South Korea” in Migration, Gender and Social Justice: Perspectives on Human Insecurity 2014, 87-103, 2;
Savarath 2012, 7.
123
Le et al. 2014, 1 (references excluded).
124
Sayarath 2012, 7 (references excluded).
125
Bélanger D., “Marriages with foreign women in East Asia: bride trafficking or voluntary migration?”, Population & Societies, 469, July-August
2010, 1-4, 4.
126
Ibid, 3; Le et al. 2014, 8-10; Savarath 2012, 19; see also Bélanger D. and Tran G. L., Contributions of women marriage-migrants to their families of
origin in rural Vietnam, 2009 IUSSP conference (Session 125 – Migration and Co-Development), Marrakech, 30 September 2009, 3.
116
117
25
“investment”.127 It is “suggest[ed] that having a child improves the status of migrant women within their husband’s
family”.128
While “the extent of exploitation within the marriage migration flow is largely unknown”, most marriage migrants are
not trafficking victims.129 However, this is contrary to popular opinion in countries like Vietnam:
Some people see these unions as a form of human trafficking. In the migrant women’s native countries, for
example in Vietnam, this type of migration is frowned upon by the government, and the women are considered
to be either victims of human trafficking or opportunists who take advantage of the system in order to settle
abroad.130
3.9
Effect of trafficking on children of trafficked person
3.9.1
Children born to trafficked woman in Vietnam before trafficking experience
There are many factors that influence whether a parent’s trafficking experience is detrimental or beneficial for children
left behind, including the child’s gender and age and the length of the parent’s absence.131 If the parent sends
remittances back to her family, this extra money can have positive effects on the children’s education and health as the
family can afford these fees more readily.132 It can also reduce the likelihood of child labour.133
However, there are cases where the detrimental impact of a parent’s absence can “outweigh the positive effects of
remittances”.134 If the remittances are used to satisfy the parent’s migration debt or the child is required to do more
work around the house because of the parent’s absence, then it is likely that those positive effects outlined above may
not be present.135 These children are also more likely to engage in deviancy and crime. 136 Furthermore, the child may
experience depression, feelings of abandonment, emotional stress or other psychological conditions as a result of the
127
Le et al. 2014, 12.
Bélanger and Tran 2009, 18.
129
Savarath 2012, 78.
130
Bélanger 2010, 3.
131
Antman F. M., ‘The Impact of Migration on Family Left Behind’, IZA Discussion Paper No. 6374, February 2012, http://ftp.iza.org/dp6374.pdf,
accessed 29 July 2014 and 30 July 2014, 7; see also Graham E. and Jordan L. P., ‘Migrant Parents and the Psychological Well-being of Left-Behind
Children in Southeast Asia’, Journal of Marriage and Family, 73, August 2011, 763-787, 780.
132
Antman 2012, 7 (references excluded), 10; Bélanger D., Duong L. B., Linh T. G. and Hong K. T., International labour migration from Vietnam to
Asian countries: Process, Experiences and Impact – Report on a study funded by the International Development Research Center, Canada (IDRC),
Report presented at an International Conference on “Labour Migration from Vietnam to Asian countries: Sharing research findings and NGO’s
experiences”, Hanoi, 15 March 2010, wwww.sociology.uwo.ca//CRCpopulation/ILAMI Report.pdf, accessed 29 July 2014 and 30 July 2014, 92, 94;
Graham and Jordan 2011, 764 (references excluded); van de Glind H., Migration and child labour: Exploring child migrant vulnerabilities and those
of children left-behind, ILO-IPEC Working Paper, September 2010, 11, 13, 18; see also Lam T., Yeoh B. S. A. and Hoang, L. A., “Transnational
Migration and Changing Care Arrangements for Left-Behind children in Southeast Asia: A Selective Literature Review in Relation to the CHAMPSEA
Study”, Asia Research Institute Working Paper Series No. 207, September 2013, www.ari.nus.edu.sg/docs/wps/wps13_207.pdf, accessed 29 July
2014, 12, 14; Nguyen L., Yeoh B. S. A. and Toyota M., “Migration and the Well-being of the ‘Left Behind’ in Asia: Key themes and trends”, Asian
Population Studies, 2006, 2:1, 37-44, 37-40 (references excluded).
133
Antman 2012, 7; van de Glind 2010, 11-13, 18.
134
Antman 2012, 7, 10; see also Nguyen et al. 2006, 39.
135
van de Glind 2010, 12; see also Bélanger et al. 2010, 90; Nguyen et al 2006, 40.
136
Lam et al 2013, 2 (references excluded), 8.
128
26
Formatted: French (France)
parent’s migration.137 The parent may not be able to communicate with the left behind children due to prohibition from
their employer, the high cost or “the under-development of ICT infrastructures in some origin countries”.138 Stress can
also be experienced by children if their parents’ marriage breaks down, their migrant parent gets married and starts a
new family at their destination or the remaining parent has an affair, as this exacerbates the feelings of abandonment. 139
However, it must be noted that the perceived effects of the parent’s migration may in fact be “the circumstances which
precipitated the migration, rather than the effects of migration on the family’s circumstances”. 140
Upon their return home, the parent and child may have trouble reconnecting and teenage children may “refuse to
acknowledge the authority of migrant parents”.141 Some children may be “scared” of their parent and others may slowly
adapt to their parent’s absence and stop talking about them. 142 It has been found that if the person caring for the
children mentions the migrant parent regularly, this will help the children to deal with the parent’s absence more
positively.143
3.9.2
Nationality of children born to trafficked woman in China during trafficking experience
According to Chinese law, a child will be considered a Chinese national if they are born in China (ius soli) and if at least
one of their parents is a Chinese national (ius sanguinis).144 Article 3 of China’s nationality law states that “[t]he People’s
Republic of China does not recognize dual nationality for any Chinese national”. 145
A child who is born outside Vietnam is still considered to be a Vietnamese citizen if one of the parents is a Vietnam
national (ius sanguinis) and both parents give written permission when the birth is registered.146 Vietnam does not
recognise dual nationality.147
Thus, children born in China to a trafficked woman married to a Chinese man would be able to become Vietnamese or
Chinese citizens. Under Vietnamese law, the parents of the child could agree for the child to have Vietnamese
nationality. However, the child would not be able to have both statuses at the same time.
137
Graham and Jordan 2011, 764, 784; Lam et al. 2013, 2 (references excluded), 8, 10, 12; Nguyen et al. 2006, 39 (references excluded); van de
Glind 2010, 13.
138
Hoang L. A. and Yeoh B. S. A., “Sustaining Families across Transnational Spaces: Vietnamese Migrant Parents and their Left-Behind Children”,
Asian Studies Review, September 2012, 36:3, 307-325, 310, 317.
139
Lam et al 2013, 4 (references excluded).
140
Antman 2012, 4.
141
Hoang and Yeoh 2012, 312 (references excluded); Lam et al. 2013, 8.
142
Hoang and Yeoh 2012, 318-9.
143
Ibid, 318-20.
144
People’s Republic of China, Nationality Law of the People’s Republic of China – China Law No. 71,
http://www.refworld.org/docid/3ae6b577c.html, accessed 30 July 2014, article 4.
145
Nationality Law of the People’s Republic of China – China Law No. 71, article 3.
146
Socialist Republic of Vietnam, Law on Vietnamese Nationality, No. 51/2001/QH10, art 16(2).
147
Law on Vietnamese Nationality, No. 51/2001/QH10, art 4.
27
4. Analysis of profiles of research participants –
trafficking causes and vulnerabilities148
4.1
Age of trafficked persons, place of origin and year of trafficking
The majority of the trafficked persons (67%) were trafficked in the 1990s.149
Figure 2 - Year of trafficking
The average age at the time of trafficking was 29 years. Half of the trafficked
persons (53%) were aged in their 20s at the time of trafficking.
2000s
33%
However, the average age of victims at the time of trafficking varied by
1990s
67%
district, with victims in two of the three districts (Hiep Hoa and Tan Yen)
having an average age over 30 (31 and 37 respectively). In Viet Yen, victims
were on average age 25 years, which was 12 years lower than the average
age of victims from Tan Yen.
Figure 3 - Age of trafficked persons
Number of trafficking victims
6
5
4
3
2
1
0
20-29
30-39
40-49
Hiep Hoa
3
2
1
Viet Yen
5
2
0
Tan Yen
0
1
1
148
Throughout Chapter 4 of this report, unless specifically stated, all statistics, graphs and tables refer only to the data obtained from the fifteen
trafficked persons themselves and do not include the information provided by the family members of trafficked persons who were interviewed for
this report. The reasons for this include the reduced reliability of this information, the different questions that were asked of the two categories of
interviewees (see Appendix 1 and 2) and the uncertainty as to whether in some cases there was overlap between the trafficked persons and the
family members who were interviewed.
149
In calculating the statistics throughout this whole report, percentages have been rounded to the nearest whole number.
28
4.2
Figure 4 - Education level of trafficked persons
Education level
Eight of the trafficked women had completed
their primary school education, while four of
those women continued on to junior
secondary school and completed seventh
grade. However, as the majority of the
trafficked
persons
did
not
provide
Unknown
47%
information about their education, there is
insufficient
information
to
determine
Completed
primary
school
27%
Completed
7th grade
27%
whether a lack of schooling is a significant
risk for human trafficking.
4.3
Family composition and financial situation
93% of trafficked persons stated that their family was in a difficult financial position before they were trafficked. Only
one trafficked person declared that their family was in a stable financial position (C7). Two of the family members
stated that the trafficked person’s family was in a difficult financial situation, one said that the trafficked person’s
husband was quite rich (D3), while the other family members did not provide information about this. Therefore, an
overwhelming majority of the trafficking persons in this study came from poor families.
Six of the trafficked persons came from families with five or more children and another two stated that their family had
a lot of children, although the number was not specified. Furthermore, two of the trafficked persons came from femaleheaded households as their father had passed away. One of the family members interviewed on behalf of the trafficked
person also stated that the trafficked person’s father had passed away and her mother worked so that she could feed
her six children (D3). Two trafficked persons reported having old parents, one whose father had already passed away.
As most of the families were living in poverty, it is unclear whether being a member of a big household or a family
without a male head increases the risk of trafficking.150 It must also be noted that in our study all trafficked persons
were adults at the time of trafficking and some were married women.
4.4
Marriage and children before trafficking experience
Of the seven trafficked persons who had married a Vietnamese man before their trafficking experience, three had
separated from their husband before leaving for China, due to domestic violence. One other trafficked person had left
150
See also UNIAP Sentinel Report 2011, xiv, 31.
29
her husband because of domestic violence, but her parents did not approve of the separation and made her return to
him.
Furthermore, four family members reported that their trafficked relative had been married before their trafficking
experience. Two of those women had separated from their Vietnamese husband before leaving for China. One of those
separations was caused by domestic violence (D3) and no reason is given for the other separation (D2).
All of the trafficked women who were married before their trafficking experience had at least one child. They were
forced to leave their children behind when they were in China. Similarly, three of the four married trafficked relatives
were reported to have had children before their trafficking experience.
4.5
Vulnerability factors
There are a number of factors that increase the likelihood of a person being trafficked. These vulnerabilities are the
“inherent, environmental or contextual factors that increase the susceptibility of an individual or group to being
trafficked” as they “contribute to creating economic deprivation and social conditions that limit individual choice and
make it easier for traffickers and exploiters to operate”. 151 The UNODC distinguishes between different types of
vulnerabilities:
Some of these vulnerability factors, such as age, illness, gender and poverty, are pre-existing or intrinsic to the
victim. Others, such as isolation, dependency and, sometimes, irregular legal status, are vulnerabilities that
could be created by the exploiter in order to maximize control over the victim. Both types of vulnerability are
viewed as capable of being subject to abuse.152
The UNODC creates a further distinction “between vulnerability as susceptibility to trafficking, and abuse of a position of
vulnerability as a means by which trafficking occurs or is made possible.” 153 Similarly,
[Phil] Marshall suggests that an emphasis on factors such as poverty and education shifts the focus from what
happens in destination countries (the end purpose) to conditions in countries of origin and ignores the role
played by the middle sectors, such as traffickers and other exploiters. That is, framed in the terms of the
Trafficking Protocol definition, a focus on vulnerability as a root cause downplays the significance of the means
used to traffic a person and the extent to which an individual’s ability to consent was affected.154
In this study, recurring vulnerability factors included poverty, domestic violence and the ill health of the trafficked
person or a member of their immediate family. The impact of economic and industrial development is also discussed.
151
UNODC, Abuse of a position of vulnerability and other “means” within the definition of trafficking in persons, Issue Paper 2013,
www.unodc.org/documents/human-trafficking/2012/UNODC_2012_Issue_Paper_-_Abuse_of_a_Position_of_Vulnerability.pdf, accessed 29 July
2014, 13.
152
UNODC 2013, 3.
153
Ibid, 3-4.
154
Kneebone and Debeljak, 2012, 113.
30
Figure 5 – Factors that increase risk of
trafficking
Domestic
violence
Factors that
increase risk of
trafficking
Ill health
Poverty
Economic and
industrial
development
4.5.1
Domestic violence
Five of the trafficked persons in this study had experienced domestic violence before their trafficking experience. Four
of those trafficked persons experienced domestic violence by their husband, one of whom was also abused by her
mother-in-law (C15).
The remaining trafficking victim experienced domestic violence when she witnessed her parents fight when her father
got drunk (C7). This trafficked person was the only trafficked person interviewed to state that her family was not in
financial difficulty before she was trafficked. One of the family members who was interviewed (D3) also said that the
trafficked person’s husband was an alcoholic and had beaten her. That family member said that the trafficked woman’s
husband was quite rich. However, poverty can in fact be a factor that leads to domestic violence. The other four
trafficked persons who had experienced domestic violence came from poor families.
Figure 6 - Victim of domestic violence before trafficking experience
Unclear
7%
Yes
33%
No
60%
31
Three trafficked persons and two trafficked relatives had left their husband before their trafficking experience. All but
one of those marriages ended as a result of domestic violence. Four of these women were tricked into their trafficking
situation by an offer of employment (it is not stated how the other woman was trafficked). As all of those women had a
child, becoming a single mother who needs to work to provide for her child could potentially create a vulnerability to
trafficking.
Case Study 1 – C14, trafficked woman from Hiep Hoa district
C14 experienced severe physical violence from her husband, who had mental health problems. As a result of his beatings, she
suffered three miscarriages.
After her first miscarriage, she left her husband and returned to her parent’s house. However, she was forced to return to live
with her husband because her parents did not agree with her decision to separate from him.
After 19 years of marriage, she decided that she wanted to go out and find a job so that she could get away from her husband.
She hoped that he would regret the way that he had treated her. She followed a neighbour to Lang Son province, where she
was drugged with a sleeping pill and trafficked to China. She worked as a sugar cane farmer and married a Chinese man.
When she returned to Vietnam, her husband had remarried and sold their farmland.
4.5.2
Economic and industrial development
Economic advancement and development can lead to an increase in migration, which raises the risk and prevalence of
trafficking.155 In the Greater Mekong Sub-region:
overall economic growth has failed to reduce gaps between rural and urban areas, and between more
industrialized and less industrialized countries. … The uneven spread of opportunities spurs both internal and
cross-border migration.156
Infrastructure improvements to facilities such as railways and roads increase the mobility of people. 157 Furthermore, in
the Greater Mekong Sub-region, the land acquisition that is associated with construction and infrastructure
improvements:
ha[s] led to large scale displacement and resettlement of local communities, especially ethnic minority
populations, and in turn the migration of those who have lost their land and other sources of livelihood, or who
find their new places of residence untenable or unacceptable.158
155
Kneebone and Debeljak, 2012, 5-7.
Caouette T., Sciortino R., Guest P. and Feinstein A., ‘Chapter 2 - Inequitable Regional Development drives migration flows’ in Caouette T.,
Sciortino R., Guest P. and Feinstein A., Labour Migration in the Greater Mekong Sub-region, Report for Rockefeller Foundation, 2006, 9-24,
piasdgserver.usp.ac.fj/apmrn1/fileadmin/files/docs/Thailand/LabourMigration_in_GMS.pdf, accessed 13 August 2014, 12; see also Kneebone and
Debeljak, 2012, 5.
157
Caouette et al 2006, 11-12; Kneebone and Debeljak, 2012, 5.
158
Caouette et al 2006, 12; see also Kneebone and Debeljak, 2012, 6.
156
32
While not specifically raised by the trafficked persons or their family members, one of the officials discussed the impact
of economic and industrial development on trafficking in persons. E2 explained that while Viet Yen district is the most
developed in Bac Giang province, there is a high unemployment rate. Bac Giang’s primary industry is agriculture. 159
However, E2 reported that new industrial zones in Viet Yen that were implemented recently (see Map 3 above) have
resulted in people losing their houses and farming land because the land was needed for industrial developments. 160
She explained that as a result, some of the people have to work in the industrial factories for a low salary and others
seek to set up their business at the border. However, the compulsory acquisition of their properties has resulted in
many people receiving significant compensation from the government, which has caused them to become rich very
quickly. All of these changes in employment, housing and economics can together increase the vulnerability of people
to trafficking. This is because some people are forced to work for a lower wage, which creates increased financial
pressure, and because other people have moved closer to the Vietnam-China border for work.
4.5.3
Poverty
93% of trafficked persons in this study stated that their family
was in a difficult financial position before they were trafficked.
Only one trafficked person said that her family was in a stable
financial position. Three of the family members stated that the
trafficked person’s family was in a difficult financial situation
when she was trafficked. This suggests that poverty is one of
the push factors that can increase the likelihood that a person
Case study 2: C6, trafficked woman from Tan Yen
district
C6 lived in a poor family with a sick husband and two
children. Unlike C13 below, C6’s children were able to
attend school. However, her marriage with her
husband suffered because of the financial pressures,
which caused conflict between them.
One of her friends enticed her to go to China to earn
money. C6 was vulnerable and her friend exploited this
vulnerability. In China, she was forced to work as a sex
worker and managed to escape an attempted forced
marriage to a Chinese man.
will be trafficked. People who are living in poverty are more
likely to be enticed by promises of a good job.
4.5.4
Ill health
While sickness was not a vulnerability that was experienced by
the majority of the trafficked persons, it still appears to be a
factor that can increase the likelihood of a person being
trafficked. One trafficked woman (C11) was trafficked by a
person in her village, who exploited her ill health and need for
medical treatment. The person told her that they could take her
to China to get medical treatment, but instead she was
trafficked for marriage. This woman’s desire to be cured of her
159
160
Case study 3: C13, trafficked woman from Viet Yen
district
C13 was married with three children before she was
trafficked to China. She came from a poor family and
her husband’s family was also poor. Her husband was
often sick. Their financial difficulties meant that they
couldn’t send their children to school.
A person in her village, who knew her situation, offered
her work in China as a removalist. She accepted the
offer, but was instead forced to work as a sex worker
for three days before being forced to marry a Chinese
man. Her trafficker exploited her family’s
vulnerabilities, which increased her risk of being
trafficked.
(e)visa, above n 36.
Ibid.
33
illness was exploited by her trafficker. Two other trafficked women were from poor families and had sick husbands,
which increased their vulnerability to trafficking.
34
5.
Analysis of profiles of research participants - Trafficking
experience
161
While the trafficking experiences of the trafficked persons in this study are from the 1990s and 2000s, there has not
been a significant change in the trafficking experiences of Vietnamese women.
This section examines the experiences of the trafficked persons involved in this study, including the techniques used by
traffickers and the type of trafficking and exploitation experienced by the women.
5.1
Techniques used by traffickers
5.1.1
Trafficker often known to trafficked person
While four of the trafficked persons did not provide sufficient information to determine the identity of their trafficker,
nine stated that their initial trafficker was someone that they knew. Two of these trafficked persons had been trafficked
by a family member, four by a friend or boyfriend and another three trafficked persons had been trafficked by a
neighbour or someone from their village. Furthermore, one of the family members stated that their trafficked relative
had been trafficked by her brother-in-law and another by her boyfriend.
Figure 7 - Relationship to trafficker
Unknown/
unclear
27%
A stranger
13%
Known to
the
trafficked
person
60%
Case Study 4: C1, trafficked woman from Viet Yen
district
C1 was trafficked by her aunt, who said that she could get
her a good job at a footwear factory. Her aunt gained her
father’s permission to find a good job for his daughter.
Her father even gave the aunt money to help his
daughter find a job.
C1’s aunt travelled with her to China, where she was
forced to work as a sex worker. Her aunt then sold her to
a Chinese man for marriage. Her aunt kept all of the
money she earned from exploiting her niece. Her aunt
visited C1’s family and told them that C1 had a good job
in China. Once C1 returned to Vietnam, her aunt never
came to visit her.
C1’s experience highlights the severe breach of trust that
is involved in trafficking by a family member.
161
Throughout Chapter 5 of this report, unless specifically stated, all statistics, graphs and tables refer only to the data obtained from the fifteen
trafficked persons themselves and do not include the information provided by the family members of trafficked persons who were interviewed for
this report. The reasons for this include: the reduced reliability of this information, the different questions that were asked of the two categories of
interviewees (see Appendix 1 and 2) and the uncertainty as to whether in some cases there was overlap between the trafficked persons and the
family members who were interviewed.
35
To the contrary, two trafficked persons were trafficked by a stranger. One of the trafficked persons met her trafficker in
Hanoi city and was enticed by the opportunity of going to China for business (C3). Another was trafficked by a person
who had come to her village and promised that if she paid them some money in advance they would introduce her to a
business opportunity job in China (C9). Furthermore, one of the family members stated that the trafficked person had
been trafficked by a lady from another province, to whom the trafficked person went for help with finding work in China
(D3).
Therefore, it seems that trafficked persons are significantly more likely to be trafficked by a person they know and trust
than by a stranger.
5.1.2
Promise of employment
Eleven of the trafficked persons (seven of whom were trafficked by someone they knew) stated that they had been
trafficked by using the promise or enticement of employment or business opportunities either in Vietnam or China.162 In
some cases, the trafficked person wanted to go to China to find work. In those cases, the trafficked person did work,
however she did not choose her job and was exploited. Four of the family members interviewed also stated that their
trafficked relative had been deceived by the promise of employment, which led to them being trafficked. This was an
overwhelmingly popular technique employed by the traffickers.
Four of the fifteen trafficked persons who had been tricked with the promise of employment were in fact trafficked for
marriage. Two of those women were forced to work as sex workers for a short period before being forced into a
marriage with a Chinese man. Furthermore, one of the family members stated that their trafficked relative, who had
been enticed with employment, was trafficked for marriage (D1).
5.1.3
Trafficked to China for marriage
Two of the trafficked persons chose to follow a person to China because
they wanted to find a husband. Only one of those trafficked persons
married a Chinese man (C10). The other did not marry in China, or after
her trafficking experience when she returned to Vietnam (C12).
However, this research shows that marriage trafficking from Vietnam to
China is a concerning problem. Nine (9) trafficked persons in this study
stated that they married a Chinese man, six of whom were trafficked for
marriage and forced to marry their Chinese husband. It is unclear whether
Case Study 5: C5, trafficked woman from
Viet Yen district
C5 was trafficked to China for marriage. She
was beaten when she refused to marry the
Chinese man. She managed to escape, but
was recaptured. She was punished with
more beatings and she wasn’t given food.
C5 had met a Vietnamese person in China
who was helping her to learn the language.
That person told her to agreed to marry the
man or she could be killed. As such, C5
agreed to marry him. After they were
married, she was beaten when she refused
to have sex with him, to coerce her into
agreeing.
the remaining three (3) trafficked persons were forced into their
marriage. One (1) of the three said that her husband was a kind man who helped her to return to Vietnam (C14).
162
See similarly, for example: Protection Project 2010, 3; TIP Report 2013, 129.
36
One of the family members of a trafficked person said that his sister was happy in her marriage to her Chinese husband,
although it appears that she may have been trafficked for marriage. Another family member also reported that his
trafficked relative was forced to marry a Chinese man.
Three other trafficked persons managed to escape an attempted forced marriage. One trafficked person was trafficked
to China for marriage, however she refused to agree to it and managed to return to Vietnam after 10 days (C15).
Another (C7) was told that she would have to marry her owner’s brother because he was going to pay for her expensive
medical treatment. She asked for money to return to Vietnam before they got married and managed to escape the
forced marriage by not returning to China. One other trafficked person refused to marry a man that she had been
introduced to for marriage, and he did not force her to marry him (C6).
5.1.4
Drugged or anaesthetised
Three of the trafficked persons were drugged or anaesthetised by their trafficker. All of these trafficked persons lived in
Hiep Hoa district. Two of these women were drugged by a sleeping pill that was put into their food (C2 and C14). The
third was anaesthetised by chemicals on a tissue that was put up to her face, causing her to fall unconscious (C4).
5.2
Place of origin and type of trafficking
Some of the trafficked persons experienced more than one type of trafficking exploitation while in China. However, in
terms of their initial trafficking experience, one third were trafficked for labour exploitation, one third for sexual
exploitation and one third for forced marriage.
Figure 8 - Type of intial trafficking
Labour
33%
Marriage
33%
Sex
33%
37
When analysed by province, half of the trafficked persons from Hiep Hoa were subjected to labour trafficking and half to
marriage trafficking. It is unclear whether one of Hiep Hoa’s forced marriage trafficked persons was also subjected to
forced labour on her husband’s family farm (C4). From Tan Yen, half of the trafficked persons were for labour trafficking
and half for sex trafficking. The woman who was trafficked for sexual exploitation also experienced an attempted forced
marriage (C6). The type of trafficking initially experienced by trafficked persons from Viet Yen was slightly more varied,
with 14% of the women experiencing labour trafficking, 57% experiencing sex trafficking and 29% being subjected to
marriage trafficking. In Viet Yen district, two of the women trafficked for sexual exploitation were subsequently also
trafficked for marriage. One of those women was potentially subjected to trafficking for a third time for labour
exploitation on her husband’s family farm (C1). A further two trafficked persons were potentially trafficked for a second
time, one for labour and one for marriage.
In relation to the data received from the family members of trafficked persons, one of the women experienced labour
trafficking and another marriage trafficking. Another trafficked person’s (D2) experience was unclear and could
potentially have been marriage and/or labour trafficking. She was married to a Chinese husband but her relative
reported that she had been happy living in China. The trafficking experience of the two other trafficked relatives is
unclear (D4 and D5).
As there is an even spread between the three identified types of trafficking exploitation, there does not appear to be a
tendency for trafficked persons from Bac Giang province to be at risk of a certain kind of trafficking exploitation.
5.3
Marriage to a Chinese husband and length of time in China
Figure 9 - Married to Chinese husband
Nine of the trafficked persons (60%)
married a Chinese man while they were
living in China.
Only three of these
women had a child in their marriage to
No
20%
their Chinese husband.
Of those nine
married women, seven of them were
Attempted
forced
marriage
20%
Yes (forced
marriage)
40%
living in China for more than two years
and the remaining two trafficked persons
did not provide information regarding the
Yes (unclear if
forced marriage)
20%
length of their stay in China. Five of the
married women were in China for five
years or more.
The longest period of
residence in China for a married trafficked
38
person was 12 years (C8).
In comparison, out of the six trafficked persons who did not marry a Chinese husband, five were in China for one year or
less. The longest period of residence in China for an unmarried trafficked person was two to three years. Therefore,
trafficked persons who married a Chinese man at their destination were more likely than unmarried trafficked persons
to stay in China for more than one year.
Figure 10 - Length of time in China
3.5
3
2.5
2
1.5
1
0.5
0
One month
or less
One year
Two to four
years
Five to six
years
Ten to
twelve years
Unknown
Married
0
0
1
3
2
3
Not married
3
2
1
0
0
0
Of the family members interviewed, two stated that their trafficked relative had been married in China. The length of
time that they spent in China is unclear. Only one of those women had a child with her Chinese husband (D1).
5.4
Exploitation
Many trafficked persons in this study experienced more than one type of exploitation. The most common forms of
exploitation were physical abuse and being deprived of freedom of movement. The exploitation experienced by many
of the trafficked persons who were married to Chinese husbands would also constitute domestic violence.
The exploitation experience of six of the trafficked persons is unclear or not stated. Two of the women simply say that
they were not hurt (C2 and C14). This may be due to a lack of understanding about the nature of exploitation in a
trafficking situation, which is much broader than simply physical abuse.
Below is an explanation of the exploitation experienced by these trafficked persons.
39
Figure 11 - Types of exploitation experienced by trafficked persons
7
6
5
4
3
2
1
0
Physical abuse Sexual abuse Verbal abuse
5.4.1
Financial
abuse
Poor work
conditions
Insufficient
food
Forced
contraception
use
Denied
freedom of
movement
Physical abuse
Five trafficked persons experienced physical abuse during their
trafficking experience. It appears that trafficked persons who
experienced sex trafficking were most likely to experience
physical violence.163 Four of the five victims of physical abuse
were forced to work as sex workers. Two of those women were
beaten if they refused to sexually serve clients (C1 and C12).
Another was beaten with a sugar cane, punched in the face and
Case study 6 – C1, trafficked woman from Viet
Yen district
C1 was trafficked by her aunt to China (see case
study 4 above).
When she arrived in China, she was immediately
forced to work as a sex worker and serve many old
clients. If she refused to serve clients, she was
beaten and would be moved to the mountains
where she would not be able to bathe or have
medicine if she was sick.
had her hair pulled (C7).
5.4.2
Sexual abuse
In addition to the five trafficked persons who were forced to
work as sex workers, one other trafficked person was beaten
and raped by her Chinese husband because she refused to have
sex with him (C5, see case study 6). It is possible that more of
the trafficked women who were subjected to a forced marriage
were raped or sexually abused by their Chinese husband, but did
not mention it due to the stigma and shame.164
163
164
She worked as a sex worker for a month until her
aunt sold her to a Chinese man for marriage. Her
aunt kept the seven million Vietnamese dong from
the sale. Her husband was from a poor family.
They only ate diet food, and when she became
pregnant she was only given water with sugar and
flour mixed in, which did not give her the nutrients
she needed.
While her husband never beat her or shouted at
her, he was always watching her because he was
afraid that she would escape from him. She was
not allowed to go out or do anything but her
farming work.
See also UNIAP Sentinel Report 2011, xiv, 43.
See Vietnam, Ministry of Planning and Investment General Statistics Office 2010, 16.
40
5.4.3
Verbal abuse
Two trafficked persons reported experiencing verbal abuse while they were trafficked in China. One woman had verbal
abuse shouted at her by her husband because he was not happy when people would say that she was with another man
(C3). Another trafficked person (C13) was shouted at by her husband’s family because they thought she could not bear
a child (see case study 8).
5.4.4
Financial abuse
Three trafficked persons experienced financial exploitation at
various stages throughout the trafficking process. One trafficked
person (C1) suffered financial exploitation at the hands of her
aunt, who was her trafficker (see case studies 4 and 6).
5.4.5
Poor work conditions
Four trafficked persons reported that they were forced to work in
poor conditions. Furthermore, one of the family members
Case study 7 – C9, trafficked woman from Tan Yen
district
C9 was trafficked to China to work as an agricultural
worker in a rice field. A person from Hanoi came to
her village and told her about a job in China. She was
told that she had to pay 10 million Vietnamese dong
in advance.
She worked for a month and was paid 3 million
Vietnamese dong. After the work had finished, she
was locked in a room for three days before she
escaped. She lost 7 million Vietnamese dong from
her trafficking experience.
interviewed reported that their trafficked relative had to endure difficult working conditions in China (D3).
For example, one of the trafficked persons (C10) worked on a farm and was forced to walk 10 kilometres to and from
work every day. She worked long hours, with little food for lunch, and would not return home until night.
5.4.6
Deprived of sufficient food
Four trafficked persons stated that they were not given food, or were given insufficient food or food that was not
nutritious.
One trafficked person (C10) reported that she was given a thin rice soup every day for lunch at work, except for once a
month when they were given a meal with meat. Because of the lack of nutritious food and her long working hours, she
was very weak and looked much older than she was. Another trafficked person (C5) escaped after refusing to marry a
Chinese man. When she was recaptured, she was beaten and not given food as punishment for her escape (see case
study 5 above).
5.4.7
Case Study 8– C13, trafficked woman from Viet
Yen district
Forced contraception use
One trafficked person, as well as one trafficked relative of a family
member who was interviewed, were forced to use contraception
due to China’s One Child Policy (C5 and D1). Both women had given
birth to a child to their Chinese husband and were forced to use
C13 was trafficked to China for the purpose of
forced marriage. She lived there for five years.
C13 knew that she would never be able to return
to Vietnam if she gave birth to her Chinese
husband’s child, so she secretly used contraception
so that she would not get pregnant.
C13 suffered abuse from her husband’s family
because she did not become pregnant. Eventually
her husband’s family gave her money to return
41
home because they believed she wasn’t able to
give them a baby.
contraception to prevent them becoming pregnant with a second child. As a result of the contraception, both of those
trafficked women are now no longer able to have children. Another trafficked person chose to use contraception (see
case study 8).
5.4.8
Held hostage or under surveillance
UNIAP’s research along the Vietnam-China border found that “[c]onstant surveillance and restriction of freedom of
movement are … prevalent in marriage trafficking and sex trafficking cases”. 165 From CSAGA’s research in this study,
three trafficked persons reported being held hostage during their trafficking experience, while another two were kept
under constant surveillance. These five trafficked persons experienced a violation of their right to freedom of
movement. All but one of these women were trafficked for sexual exploitation.
One trafficked person (C9) was locked in a room for three days (see case
study 7 above). Another woman (C1) was kept under constant surveillance
by her husband (see case studies 4 and 6). One woman who was forced to
work as a sex worker described how she had no privacy and was always
watched, even when she went to the toilet (C7).
Another trafficked person reported being taken to China for marriage,
where she was kept in a brothel for the first three days before she was
forced to marry a Chinese man (C13).
Case study 9 – C12, trafficked woman from
Viet Yen district
C12 was finding it difficult to get married in
Vietnam, so a person took her to China to
find a husband.
However, instead of marrying a Chinese
man, she was forced to work as a sex
worker for one year. Every day, she was
kept in a small room all day and only given
one hour a day to do personal things. She
was expected to serve ten clients every day
and she was beaten if she refused.
Furthermore, one of the family members stated that their trafficked relative (D3) had been held hostage for several days
in her trafficker’s house before going to China. Her family came to look for her but they were not allowed to see her.
5.4.9
Language barriers increasing vulnerability
While only four trafficked persons mentioned the language difficulties they experienced in China, it is likely that many
more of the women were increasingly vulnerable because of their inability to communicate in Chinese. Two of the
trafficked persons explained that a Vietnamese person they met in China helped them to learn the local language (C5
and C4). Another communicated with her in-laws using body language or with the help of her neighbour, who acted as
an interpreter (C1).
Another trafficked person (C6) explained that once the traffickers became aware that she could understand their
language, they no longer spoke around her. However, she would continue to listen from a distance and guess what they
were talking about. This suggests that traffickers prefer to keep trafficked persons in a position of vulnerability, where
they cannot understand the language or communicate their needs effectively. This puts the traffickers in a position of
165
UNIAP Sentinel Report 2011, 43.
42
power over the trafficked persons. The stories of these trafficked persons also suggest that social networks are vital, as
other Vietnamese people can empower trafficked persons with language skills.
5.5
Experiences of trafficked persons with children in Vietnam
Case Study 10 – C4, trafficked woman from
Hiep Hoa district
Seven trafficked persons, and three trafficked relatives, had
C4 was the only trafficked person to talk about
the ongoing effects of her trafficking situation on
her relationship with her son who was left
behind in Vietnam. She was in China for ten
years and was married to a Chinese man.
in Vietnam while they were in China. Most provide little
children before their trafficking experience who were left behind
information about the effects of their trafficking experience on
their children, both while they were away and after their return.
As such, it is difficult to ascertain how the children dealt with the
Her son didn’t recognise her when she returned
home because she had been away for so long.
While she lives with her son and his wife, he is
still angry with her because he missed out on
school and his mother’s care while she was
trafficked.
challenges that they faced without their mother.
One of the family members reported that their trafficked relative,
who was separated from her three children for two years while
trafficked, did not have a bad life in China but missed her children
(D5).
Two of the trafficked women detailed the negative changes that occurred in their children’s lives while they were living
in China. One of the women (C13) explained that her husband had remarried while she was in China and her children
had to stop going to school.
Case Study 11 – C14, trafficked woman from Hiep Hoa district
C14 lived in China for more than two years. Her husband was a kind man but she cried every day because she missed her
children.
While she was in China, her Vietnamese husband remarried and sold their farmland. Their children had been sent to
different houses to live.
Her Chinese husband gave her permission to return to Vietnam to see her children. She communicated with her Chinese
husband after she had returned to Vietnam. He wanted her to return to China, but she decided to stay in Vietnam with her
children.
43
6. Experiences on returning to Vietnam
6.1
166
Methods of returning
All of the trafficked persons in this study returned to Vietnam via various means according to their particular
circumstances, which included their freedom of movement, whether their husband was compassionate, their
connections to social networks and their ability to seize opportunities for escape. Below is a discussion about the most
common methods of return – permission, assistance and self-help.
Figure 12 - Common methods of return
Unknown
15%
Self-help
15%
Permission/help
from husband or
fiance
35%
Assistance from a
person (other than
husband)
35%
6.1.1
Given permission by Vietnamese fiancé, husband or husband’s family
Seven of the trafficked persons in this study returned with
assistance or permission from their husband or fiancé. In some
cases, the trafficked person was only given permission to return
for a visit to Vietnam, however she did not return to China. In
other cases, her husband or husband’s family no longer wanted
her. For example, one trafficked person (C10) became sick, so
her husband’s family sent her back to Vietnam because they did
not want to have to pay the costs of her funeral.
Case study 12 – C4, trafficked woman from Hiep Hoa
district
C4 was trafficked to China for marriage. She lived there
for ten years, separated from her child whom she had
been forced to leave behind in Vietnam. She cried
because she missed her child.
Her husband gave her money to return to Vietnam
temporarily with some other Vietnamese people on the
condition that she returned to China with her child. She
left for Vietnam and didn’t return to China in
accordance with her husband’s wishes.
166
Throughout Chapter 6 of this report, unless specifically stated, all statistics, graphs and tables refer only to the data obtained from the fifteen
trafficked persons themselves and do not include the information provided by the family members of trafficked persons who were interviewed for
this report. The reasons for this include the reduced reliability of this information, the different questions that were asked of the two categories of
interviewees (see Appendix 1 and 2) and the uncertainty as to whether in some cases there was overlap between the trafficked persons and the
family members who were interviewed.
44
Case study 13 – C7, trafficked woman from Viet Yen district
C7 was trafficked to China for sexual exploitation. She was forced to work as a sex worker for three years under very difficult
working conditions.
As a result of her work, she became sick with a stomach infection and kidney problem. She was in hospital to receive
expensive treatment because of her conditions. Her owner’s brother agreed to pay for her medical treatment and in exchange
she would marry him.
After her treatment, she asked her fiancé for money to return to Vietnam before she married him. He obliged and gave her
the money. She left China and did not return.
6.1.2
Helped by another person
Seven trafficked persons were assisted to return to Vietnam by
another person, who was not her husband. Five of those trafficked
Case study 14 – C5, trafficked women from Viet
Yen district
persons were helped by a person they knew, while the other two
were assisted by police to return home to Vietnam. This suggests
that social networks in the place of destination are vital for
C5 was trafficked to China for marriage. She
experienced domestic violence at the hand of the
Chinese man she was forced to marry (see case
study 5). They had a child together.
trafficked persons, as they create opportunities for them to return
to Vietnam.
In particular, relationships with other Vietnamese
nationals in China, who have an understanding of both China and
Vietnam, are advantageous to trafficked persons who wish to
escape and return to their homeland.
6.1.3
Returned by herself
Two of the trafficked persons returned by themselves to Vietnam,
without any assistance from a husband, friend or the police. This
was also the case for one of the trafficked relatives of a family
After the death of her father-in-law, she took the
opportunity to return to Vietnam with the help of
a Vietnamese friend, even though she already
knew how to get home. She missed her child who
had not journeyed with her to Vietnam but was
still living in China with his father. He was three
years old.
She decided to return to China after a month in
Vietnam so that she could be with her child. She
continued to live with her Chinese husband and
their son for another three years. After the death
of her husband, she returned to Vietnam with her
child.
member who was interviewed.
.
6.2
Attitude of family to trafficked persons
There were a variety of reactions from family members to the trafficked persons when they returned to Vietnam,
however many of the trafficked women had at least some supportive family members.
The family of one of the trafficked women (C5) wanted to report the trafficker, who was a relative, to the police,
however the trafficked woman refused to allow this to happen. One family member who was interviewed explained how
45
they (D1) dealt with their relative’s trafficker, her brother-in-law, within the family. They decided not to report him, but
made him make a commitment not to traffic people anymore.
Of the four trafficked women who were married when they left Vietnam, two of their husbands remarried while she was
in China (C13 and C14). One of those former husbands did not accept her when she returned to Vietnam, however he
allowed her to stay at his house when he was sick because he needed someone to care for him (C13). Furthermore, one
trafficked woman and one trafficked relative experienced initial rejection from their husbands, before intervention from
family and authorities.
INITIAL REJECTION FROM HUSBAND
Case study 15 – C6, trafficked woman from Tan Yen province
Case study 16 – D5, trafficked woman from Viet Yen district,
son interviewed
C6 had been forced to work as a sex worker in China. When
she returned to Vietnam, she was not initially accepted by her
husband because of the work that she had done in China.
D5’s son explained how her husband had initially refused to
accept her when she returned from China.
Her father-in-law and the Women’s Union explained to her
husband what had happened to her. Once he understood that
she had been trafficked and forced to work as a sex worker, his
attitude towards her changed and he accepted her again.
Her relatives explained to her husband that she had been
trafficked and that it was an accident. Once he understood
this, he accepted her back and they became a happy family
once again.
Some trafficked persons reported that family members, including siblings,
Case study 17 – C15, trafficked woman
from Hiep Hoa district
abused them. One family member explained how their trafficked relative
(D4) was verbally abused by her mother and all but one of her siblings,
because they believed that she had had a love affair with a married man.
One of the trafficked persons (C7) stated that although her parents said
nothing about her trafficking experience, her brothers told her that it would
be better if she died because she brought shame on their family. One
trafficked person’s younger brother (C11) asks her to give him money,
because he thinks she saved money during her five years in China. She had
in fact saved some money, but it was all stolen at the border and a Chinese
man gave her the money that she needed to continue her journey back to
C15 was trafficked to China for forced
marriage. She didn’t agree to marry a
Chinese man and managed to escape
after only ten days in China.
After returning to Vietnam, she lives with
her partner, their son and her son from
her previous marriage.
Her partner treats her badly. He shouts at
her and is having an affair with another
girl. He tells her that she cannot say
anything about his affair because she
went to China and worked as a sex
worker, which is untrue.
Vietnam.
One trafficked person (C4) lived in China for ten years without her son, who was in Vietnam. While her son is now an
adult, he is still angry with her for abandoning him during his childhood (see case study 10 above).
46
Therefore, trafficking not only affects the trafficked person but her spouse and children who suffer from the stigma,
misunderstanding and separation that trafficking causes. While some trafficked persons have a supportive family,
others experience difficulty in reintegrating back into their family because of their trafficking experience.
6.3
Attitude of neighbours to trafficked persons
Seven of the trafficked persons were assisted in their reintegration by the supportive and helpful attitude of their
neighbours in Vietnam. However, two of those trafficked persons also had critical statements or rumours said about
her. One such trafficked person was told that she should live with her husband in China (C3).
A further three trafficked persons had bad comments or rumours
spread about them. Sometimes, those comments and rumours
were caused by ignorance.
One of the trafficked person’s
neighbours believed that she had left home to go out with a man,
because they did not know that she went to China (C15).
Two trafficked persons reported that they were stigmatised by their
neighbours and friends after their trafficking experience. One of the
women states that her neighbours did not want to have anything to
Case study 18 – C7, trafficked woman from Viet
Yen district
C7 was trafficked to China for sexual exploitation.
She lived there for three years.
Upon her return to Vietnam, she reported
experiencing stigma initially. People around her
would say bad things about her and some of her
friends no longer wanted to be friends with her.
However, her situation improved over time and
she now does not live with any stigma. It appears
that her reintegration was difficult but the stigma
was not long lasting.
do with her (C5).
On the other hand, three trafficked persons did not experience any stigma when they returned to Vietnam after being
trafficked to China. One of those trafficked persons explained that she was not stigmatised because her neighbours did
not know that she had been trafficked (C2).
Similarly, two of the family members interviewed reported that their trafficked relative received support and sympathy
from her neighbours, although one of those trafficked women also had rumours spread about her by some neighbours
who believed that she was a trafficker who sends girls to China (D1).
6.4
Attitude of authorities to trafficked persons
There were diverse experiences of the attitude of authorities towards returned trafficked persons. Only four trafficked
persons received care and support from the authorities. One trafficked person stated that she was provided with a loan
and vocational training, in addition to being encouraged to participate in anti-trafficking activities (C13). Another
trafficked person also reported that she had been encouraged to take part in anti-trafficking activities (C8). One family
member stated that their trafficked relative had received vocational training and a loan so that she could set up her own
business (D3).
47
One trafficked person (C6) explained that the Women’s Union had played an important role in restoring her family and
marriage (see case study 15 above).
Another four trafficked persons stated that the authorities treated them normally with no stigma. One of those women
(C3) explained that although she was treated normally and not stigmatised by the authorities, she was also not given any
priority by the authorities despite her status as a returned trafficked person.
On the other hand, some of the trafficked persons reported that they did not find the authorities to be supportive. One
woman (C4) stated that the authorities promised to help her reintegrate back into the community but it was not
successful. Another trafficked person (C1) explains that the authorities didn’t care for her or do anything to help her.
She said that no one asked about her situation or helped her unless there was a project. This suggests that funding
drives the authorities, and they do not have the resources or personnel to adequately care for the returned trafficked
persons in their district.
While one trafficked person was very grateful that the authorities had not destroyed the hut that she had built on
government land (C14), another (C5) had her farming land taken away from her while she was in China. This meant that
she no longer had land to do her farming work, which may have initially affected her ability to reintegrate and provide
for herself upon her return to Vietnam. Fortunately she has now set up a successful business and has been able to pay
off the loan she received.
One trafficked person (C6) stated that she did not report her trafficker once she returned to Vietnam because of fear
that she would be fined by police as the victim. This suggests that there is a need for advocacy and change within
Vietnam’s legal system in relation to its treatment and characterisation of trafficked persons. If trafficked persons are in
fear of punishment, it will hamper the effectiveness of the law enforcement and legal systems to find and punish
traffickers for their involvement in human trafficking.
6.5
Children from trafficking experience
Three trafficked women have children from their marriage during their trafficking experience in China. Two of those
trafficked persons live apart from their child who is still in China. One of those women doesn’t miss her child much
because she believes he doesn’t understand that she is his mother, even though he is older now (C3). The other
trafficked women’s child (C8) who is in China was, at the time of the study, about to get married. They stay in contact by
talking over the phone. The third trafficked woman (C5) brought her child to live with her in Vietnam (see case study 14
above).
One family member (D1) reported that their trafficked relative had a child from her marriage to her Chinese husband.
She only has one son due to China’s One Child Policy. He lives with her in Vietnam.
48
No information is provided about the children’s experiences or their adjustment to living in a new country.
6.6
Marriage
All of the nine trafficked persons and two trafficked relatives who had married a Chinese man were either separated
from him or widowed. One trafficked person remarried when she returned from China (C5) and another two of the
women were still married to their Vietnamese husband from before their trafficking experience (C6 and C9). Four of the
trafficked persons had separated or divorced from their Vietnamese husband whom they had married before they were
trafficked, however three had separated from their husbands before they left for China. One woman remains single
(C12), another is in a de facto relationship with a Vietnamese man (C15) and another married a Vietnamese man after
being trafficked, but they have since divorced (C7).
Figure 13 - Current marital status
Single (never
married)
7%
In a relationship
7%
Separated/divorced
66%
Married
20%
In relation to the trafficked relatives of the family members who were interviewed, one of the women married a man
after she had returned to Vietnam, but he left her after she gave birth to their child. She is now in a relationship with a
married man. Two of the trafficked relatives were married and divorced before being trafficked. Upon her return,
another lived with her Vietnamese husband until he died from a serious illness. One of the family members gave
conflicting information, but it appears she was married before she was trafficked and also in China. She is currently
married, but it is unclear whether he is the man she was married to before she went to China or if he is a new husband.
One family member of a trafficked person (D3) explained how she had divorced her husband due to domestic violence
before being trafficked. Upon returning to Vietnam, she refused offers for marriage from Vietnamese men because they
49
were older or had been married. She has chosen to remain single and lives with her daughter from her previous
marriage.
6.7
Employment
All trafficked persons had found a job following their return to Vietnam, including the trafficked relatives of the family
members who were interviewed.
The majority of trafficked persons work as farmers in Vietnam following their trafficking experience. Three of those
farmers also work in the construction industry and one owns a small shop that trades goods. One trafficked person owns
their own shop, while another works in a small business that sells goods. The remaining two trafficked persons are
factory workers. None of the trafficked persons are involved in sex work in Vietnam.
6.8
Desire to return to China
73% of trafficked persons would not want to return to China if they had the opportunity. While another 20% did not
answer this question, only one trafficked person (C1) said that she would return to China if she had the chance.
However, she explained that her willingness to return was conditional. She would be willing to return to China if she
was able to get a good job and if her husband’s family were not so poor. Therefore, this trafficked person appears to be
willing to return to China only if she would have a good quality of life.
6.9
Hopes for the future
One family member reported that their trafficked relative (D4) hopes that the future will hold a better life for her and
her child. She hopes that she will receive love and support from her family, who currently neglect her.
Two trafficked persons and two family members explained that their hope for the future was to have a good, stable job
or enough money to establish a small business. One other trafficked person (C6) said that she wanted to have enough
money to buy an animal, which it is assumed would help to provide for her family. These trafficked persons desire the
opportunity to work and provide for themselves and their families.
One trafficked person and one family member also explained that they didn’t need to get married. However, one said
that she would like to have a close friend with whom she could share her emotions (C3), and the other (D4) explained
that she would like to have someone she could rely on.
50
7.
Analysis of responses from officials
As part of this research, the CSAGA researchers interviewed three officials from Viet Yen regarding their understanding
and experience of human trafficking and domestic violence. The first official is the Chairwoman of the Women’s Union
of Viet Yen District (E2). She has worked at the Women’s Union for five years, after working for fifteen years at the
Vocational Training Centre that is run by the Department of Labour, Invalids and Social Affairs. The other two officials
are males. One works as a Government Officer in the Viet Yen district (E3) and the other is the Vice [##missing word?]
of the Culture and Communication Department of the Viet Yen District Government (E1).
As all of the officials are from the Viet Yen district of Bac Giang province, it is uncertain to what extent their opinions and
observations also relate to Tan Yen and Hiep Hoa districts.
7.1
The official’s understanding of domestic violence and trafficking
E1 understands domestic violence to be acts that hurt other people in the family. He explains that domestic violence in
the community is increasing and is caused by poverty and unemployment. This official believes that trafficked persons
may be trafficked because of domestic violence, however the link between the two problems is unclear.
E2 explained that domestic violence can lead to trafficking as it causes trafficked persons to want to leave their house
because they don’t like living with the family member who commits the violence. She describes domestic violence to be
all acts that hurt people who live together in the same family. She seems to limit her understanding of domestic
violence to physical violence to the body of a family member, which is a very restrictive definition. The Chairwoman also
reported that domestic violence rates in Viet Yen are increasing. She cited the main cause to be poverty and financial
problems, however she also considered unemployment to be a factor. She also explained that there is a problem with
alcoholism and domestic violence in Viet Yen, which results in husbands beating their wives. Interestingly, she asserted
that trafficked persons are not victims of domestic violence after they return, because they generally live alone or with
their children.
E2 suggested that domestic violence could increase the vulnerability of children to trafficking. If there is domestic
violence within their family, the children will want to get out of the house. Many girl children in particular are addicted
to chatting on the Internet. If they escape the violence at home by going to an Internet café, and if they are unable to
pay for the Internet they use, they may be assisted by another person who will pay their bill for them. However, this
creates a vulnerability that can lead to trafficking, as the child is now in debt to the person who paid for them.
51
7.2
Factors which can lead to trafficking
As discussed above, two of the officials agree that domestic violence can be a factor that leads to trafficking (E1 and E2).
Poverty is also believed to be a significant factor that increases a person’s vulnerability to trafficking. One of the officials
believes that poverty is in fact the main cause of trafficking (E1).
E2 also cited the current instability in Viet Yen, which is caused by the loss of farming land and the need to find work in
factories for a low wage, as another cause that can contribute to a person’s vulnerability to trafficking.
7.3
Experiences of trafficked persons on their return to Vietnam
While one of the government officials (E3) believes that people are sympathetic towards trafficked persons on their
return to Vietnam, E2 said that, in rural areas, neighbours will spread bad rumours about the trafficked person if they
are aware of their story.
E2 explained that most of the returned trafficked persons live a stable life after they return to Vietnam. While some are
single mothers, others get married to a Vietnamese man. She stated that the District Authority always supports
returned trafficked persons, by providing loans, vocational training and self-help groups. However, she said that the
limitation to the District Authority’s ability to provide support is identification, as it is hard to identify trafficked persons
from migrants who have left and returned.
7.4
Recommendations
E1 suggested that the district would be able to focus more on human trafficking and domestic violence if the budget was
increased. He believes that it is a lack of funding that is preventing them from doing all that needs to be done to address
these interrelated problems.
E2 believes that employment is the key to supporting trafficked persons, after witnessing the benefits of employment
during her fifteen years of experience at the Vocational Training Centre. She suggests that people will not have a desire
to migrate if they have a job.
52
8. Conclusions and recommendations
8.1
Conclusions
There are a number of factors that can increase the vulnerability of a person to trafficking including: poverty, domestic
violence and a lack of viable economic opportunities. 93% of the trafficked persons were poor, suggesting that poverty
is a significant vulnerability factor leading people to move for economic reasons, which can leads to a trafficking
experience. It also appears from this research that domestic violence can be a push factor that causes a person to
make the decision that leads them into a trafficking situation. Furthermore, the results of this study showed that the
trafficked persons were more likely to be exploited by someone they knew than by a stranger.
While the initial trafficking experience was evenly split between sexual exploitation, forced marriage and labour
exploitation, consideration of subsequent trafficking experiences shows that slightly more trafficked persons in this
study were subjected to marriage trafficking. However, it is acknowledged that not all international marriages are
forced and some women exercise agency in this process. Marriage trafficking is driven by opportunistic traffickers
taking advantage of the shortage of women in China due to the One Child Policy and the desire of Vietnamese women
to be married with a good job. The women experienced a range of exploitation while trafficked, including physical and
sexual violence and deprivation of freedom of movement. The exploitation of these trafficked women who were
married to a Chinese man in many cases also amounted to domestic violence.
All of the trafficked persons returned to Vietnam, either with permission, assistance or by self-help. The reintegration
experience of the trafficked persons varied, with some experiencing stigmatisation, others receiving support, and some
a combination of both responses. The findings showed that there needs to be greater assistance provided by the
authorities and a greater understanding of human trafficking in the community to prevent stigmatisation.
8.2
Recommendations
In response to the findings from this research, the following recommendations are made to the Vietnamese
Government, district authorities, researchers and non-governmental organisations involved in combating human
trafficking and domestic violence.
Safe migration
Firstly, there needs to be a combined and coordinated effort by the Vietnamese Government, district authorities and
non-governmental organisations to raise awareness in the community about the need for safe migration and risks of
human trafficking:167
167
Pham 2013, 12; TIP Report 2013, 393, 395; UNIAP Sentinel Report 2011, xv, 36, 61.
53

The focus of these programs needs to be on high-risk trafficking areas. If community understanding about
trafficking is increased, the incidence of trafficking and the stigma attached to returnees will decrease.

Awareness raising projects need to focus on safe migration and how to recognise human trafficking situations.
Secondly, more resources and funding need to be invested in the organisations to assist them in providing both
support services for returned trafficked persons and prevention activities for the community. This research showed
that many trafficked persons did not receive support or assistance from their district authority upon their return to
Vietnam. Capacity building, education, counselling and re-integration assistance is essential for returned trafficked
persons.
Thirdly, education and poverty reduction projects are required, particularly in areas that are prone to human
trafficking, to reduce vulnerability.168 This research shows that poverty is a significant vulnerability factor for human
trafficking. If poverty is reduced, vulnerability to trafficking is also reduced.
Fourthly, there needs to be further research into the link between domestic violence and human trafficking in order to
inform effective projects to tackle these issues.169 Once there is a greater understanding of the vulnerability of
domestic violence victims, targeted anti-trafficking projects are required to prevent domestic violence victims
becoming trafficked persons.
Fifthly, efforts need to be taken to assist the children of trafficked persons, both those who have been left behind by
their parent during the trafficking period and those children born from the trafficking experience. These children need
to be offered counselling and other programs to help them to understand, accept and deal with the challenges that
they face as a result of their parent’s trafficking experience.
Finally, the Vietnamese Government needs to efficiently implement the anti-trafficking law, as the impact of this
legislation will not be visible until it is enforced.170 There needs to be effective capacity building of law enforcement
officers and the judiciary in the practical application of the definition of human trafficking and in the process that is
required for successful prosecutions and punishment of traffickers. 171
168
Pham 2013, 12; see also in relation to education TIP Report 2013, 393.
See Centre for Studies and Applied Sciences in Gender, Family, Women and Adolescents, Presentation,
http://www.womenshelter.ca/presentations/internetCafe/Van%20Anh.pdf, accessed 10 March 2014.
170
TIP Report 2013, 393.
171
Ibid.
169
54
Figure 14 - Recommendations
Awarenessraising
Funding of authorities
and NGOs
Implementation of
anti-trafficking law
Recommendations
Research
Education and poverty
reduction projects
55
9.
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59
10. Appendix
10.1
Appendix 1 - Survey for trafficked persons
The following questions were asked of fifteen trafficked persons for the purpose of this research project.
1. Name
2. Age
3. Address
4. Family situation before being trafficked
4.1 Describe your family – parents, brothers and sisters
4.2 Did you get married? If yes, describe your husband.
4.3 Family’s economic situation
4.4 Education level
4.5 Career
5. Trafficking situation and time
5.1 How old were you when you were trafficked?
5.2 Reason for trafficking
5.3 Where were you trafficked to? What job did you do? How long were you there for? Did you have a child?
5.4 Were you harmed in the process of being trafficked and during the time that you were trafficked?
6. How is your life now after returning?
6.1 How did you return? Did you bring your child with you or not?
6.2 Did you contact anyone in your hometown while you were trafficked?
6.3 What was your family’s attitude when you returned? How did they treat you?
6.4 What was the attitude of your neighbours and the authorities?
6.5 Current job
6.6 What is your current situation? Who do you live with?
6.7 If you had the chance to return to China, would you want to go?
6.8 What are your expectations for the future?
NB: Question 6.8 was only included in four of the questionnaires (namely C1, C3, C4 and C6). It was otherwise omitted.
10.2
Appendix 2 - Survey for family members of trafficked persons
The following questions were asked of the five family members of trafficked persons for the purpose of this research
project. The questionnaire was also used during the interview with one of the officials.
1.
2.
3.
4.
Name
Age
Address
Family situation before being trafficked
a) Describe the trafficked person’s family – parents, brothers and sisters
b) Was the trafficked person married?
c) What was the financial situation of the trafficked person’s family?
5. Trafficking situation and time
a) How was the victim trafficked to China? For how long?
b) Was the trafficked person harmed in the process of being trafficked and during the time that they were
trafficked?
6. How is the trafficked person’s life now after returning?
a) How was the trafficked person treated by family?
60
b) How was the trafficked person treated by neighbours and authorities?
c) What is the trafficked person’s financial and employment situation now?
d) What is the trafficked person’s current situation? Does she have a husband or children or other
relations?
e) Is the trafficked person vulnerable?
f) Has the trafficked person experienced any difficulties because she is a trafficked person?
g) Does the trafficked person have any expectations?
10.3
Appendix 3 - Survey for officials
The following questionnaire was used for two of the three officials. The remaining official was interviewed using the
same questionnaire as the family members of the trafficked persons.
1.
2.
3.
4.
5.
Name
Age
Job status
How long in position and position responsibilities
Describe the trafficking in women situation in your community
a) Do you have any statistics on the number and circumstances of human trafficking in the
community?
b) The reasons for trafficking
I.
Life of trafficked person before trafficking
II.
Are there any domestic violence cases that led to human trafficking?
III.
In your opinion, does domestic violence cause human trafficking in women and children?
IV.
What is the main cause?
V.
After they return, what are their lives like in the community?
VI.
What are the barriers for trafficked returnees from relatives and family members, neighbours
and local people when they return?
VII.
How are their lives in their family? How are their relationships with family members?
VIII.
What support is there from the authority and yourself?
6. Describe the domestic violence situation
a) What is your understanding of domestic violence?
b) What is the cause of domestic violence?
c) How is the domestic violence situation in your community?
d) What was the domestic violence situation 5-10 years ago?
e) How is the domestic violence situation currently? Do you have any statistics about it?
f) Do the trafficked returnees suffer from domestic violence?
g) In your view, is there a link between trafficking and domestic violence?
7. Recommendations
61
10.4
Appendix 4 – Summary table of trafficking experiences
10.4.1 Trafficked persons
Pre-trafficking experience
Name*
Year
of
birth
Place of origin (in
Bac Giang
province)
Marital status
Family situation
Education
level
Employment/
economic
situation
C1
1973
Van Trung
commune, Viet
Yen district
Single
Second of three
children, no abuse in
family
Completed
7th grade
C2
1973
Luong Phong
commune, Hiep
Hoa district
Youngest of six
children, her father
passed away when
she was eight, her
mother was elderly,
no abuse in family
Completed
7th grade
C3
1974
One of five children,
no abuse in family
Not stated
C4
1959
Viet Tien
commune, Viet
Yen district
Hiep Hoa district
Divorced her
husband when
their child was one
year old because
he was an alcoholic
– they would fight
and he beat the
baby
Single
Farming work (on
parents farm),
difficult financial
position
Career not stated,
difficult financial
position
Brother died in war,
elderly parents, no
abuse in family
Not stated
C5
1968
Divorced her
husband when
their child was one
year old because of
domestic violence
Single
No detail provided
Not stated
C6
1964
Not stated
Not stated
C7
1978
Van Trung
commune, Viet
Yen district
Married with two
children, her
husband was sick,
seems there was
some conflict
In a relationship
Not stated
C8
1970
C9
1973
Married
Lots of children, no
abuse in family
Not stated
C10
1968
Luong Phong
commune, Hiep
Hoa district
Nam Cot
commune, Tan
Yen district
Viet Tien
commune, Viet
Fourth of six
children, parents
fight when father
gets drunk
No detail provided
but no abuse
Single
One of five children
Completed
5th grade
Viet Tien
commune, Viet
Yen district
Lam Cot, Tan Yen
district
Single
Completed
7th grade
Career not stated,
difficult financial
position
Career not stated,
difficult financial
position
Chop stick trading,
difficult financial
position
Career not stated,
difficult financial
position
Shop owner (bridal
make-up and
dresses), not in
financial difficulty
Coffee shop
operator, difficult
financial position
Career not stated,
difficult financial
position
Farming work,
poor/difficult
62
C11
1950
C12
1973
C13
1963
C14
1959
C15
1966
Yen district
Hiep Hoa district
Viet Tien
commune, Viet
Yen district
Viet Tien
commune, Viet
Yen district
Luong Phong
commune, Hiep
Hoa district
Luong Phong
commune, Hiep
Hoa district
Single
No detail provided
Completed
5th grade
Single
One of seven
children, no abuse in
family
No detail provided,
but no abuse in
family
Lots of children, no
abuse in family
Completed
5th grade
One of ten children,
father died around
the same time that
she got married, no
abuse in family
Not stated
Married with three
children
Married with
children, he had
mental health
problems, he beat
her causing her to
miscarry three
times, she left him
but her parents
forced her to
return
Divorced her
husband while
pregnant, suffered
domestic violence
at the hands of her
husband and
mother-in-law
Completed
5th grade
Completed
7th grade
financial position
Farming work,
difficult financial
position
Farming work,
difficult financial
position
Farming work,
poor/difficult
financial position
Fruit vendor,
difficult financial
position
Brick making
labourer, poor
financial position
Trafficking experience
Name*
Year of
trafficking
Age
Recruiter
Type of
trafficking
(initially)
Exploitation
experienced
Length
of time
Mode of return
C1
2002
29
Her aunt
Commercial
sexual
exploitation
initially, then
marriage,
unclear if also
labour
trafficking
Not
stated
Assisted by the
police when she
was six months
pregnant
C2
2003
29
No detail
provided
(sleeping pill
used)
Forced labour
(agriculture sugar cane
farmer)
Physical abuse,
sexual abuse,
financial abuse,
forced marriage,
denied freedom of
movement,
insufficient food,
poor work
conditions
Stated that she
wasn’t hurt
One
month
Helped by a
Vietnamese man
C3
1995
20
A person
she met in
Hanoi
Forced labour
(agriculture farming work)
Verbal abuse
Not
stated
Asked her
husband’s family
for permission to
return to Vietnam
63
C4
1991
32
No detail
provided
(drugged)
Forced marriage
(unclear if also
labour
trafficking later
on)
Forced marriage,
no more
information given
10 years
Her husband gave
her money to
return to Vietnam
to get her child
and other
Vietnamese
people and bring
them back to
China
A Vietnamese
friend helped her
to return to
Vietnam, she
returned to China
after a month
because she
missed her child,
lived there for
another three
years until her
husband died
before returning
with her son
without help
By herself
C5
1990
21
Male
relative
Forced marriage
Physical abuse,
Sexual abuse,
insufficient food,
forced
contraception use,
forced marriage
Unclear,
possibly
approx.
4 years
C6
2005
41
Friend
Commercial
sexual
exploitation
(attempted
forced marriage
later on)
1 year
C7
1999
20
Male friend
enticed her
to go to
Lang Son
province to
find work
and then
handed her
over to a
trafficker
who took
her to China
Commercial
sexual
exploitation
Physical abuse,
sexual abuse,
insufficient food,
poor work
conditions,
attempted forced
marriage
Physical abuse,
sexual abuse,
financial abuse,
denied freedom of
movement,
attempted forced
marriage
Two to
three
years
Escaped from
owner’s brother
who was going to
pay for her
medical
treatment in
exchange for
marriage, she
asked him for
money to return
home before they
got married
C8
1990
20
Her
boyfriend,
who passed
her on to
another
trafficker
Forced labour
(agriculture farmer)
Mental abuse
12 years
Asked her
Chinese husband
for permission to
return to visit her
family
64
C9
2006
33
A person
who came
to her
village
Forced labour
(agriculture)
Financial abuse,
denied freedom of
movement
One
month
Escaped and then
asked someone
she knew to help
her
C10
Approx
1998
30
Friend of
family
Forced
marriage,
possibly also
labour
trafficking
(unclear)
Insufficient food,
poor work
conditions, forced
marriage
Six years
C11
1990
40
A person in
her village
Forced marriage
Five
years
C12
2007
20
Followed a
person
(unclear if
she knew
the person)
Commercial
sexual
exploitation
Forced marriage,
she said that she
wasn’t beaten but
her life was boring
Physical abuse,
sexual abuse, poor
work conditions,
deprived freedom
of movement
Husband’s family
sent her home
because she was
sick and they
didn’t want to
pay for her
funeral
Helped by a
Vietnamese
woman who lived
in her village
Rescued by the
police
C13
1996
33
A person in
her village
Commercial
sexual
exploitation
initially, forced
marriage after
three days
Sexual abuse,
verbal abuse,
forced
contraception use,
deprived freedom
of movement,
forced marriage
Five
years
C14
1998
39
Neighbour
(sleeping
pill used)
Forced labour
(agriculture sugar cane
farmer)
Stated that she
wasn’t hurt
Unclear,
at least
two
years
C15
1994
27
Detail not
provided
Forced marriage
(attempted)
Attempted forced
marriage
10 days
One year
Returned by
herself, using
money her
husband’s family
had given her
because she
couldn’t give
them a baby
Her husband gave
her money to
return by herself,
her money was
stolen at the
border, her
husband rescued
her, she stayed
for another year
and then he
helped her to
return again
Helped by a
friend
65
Post-trafficking experience
Name*
Employment
Reintegration support?
Experienced
discrimination (from
neighbours and
family members)?
Current Marital
status
Number of
children
C1
Farmer and
construction
assistant
(labourer)
Limited - Didn’t receive
assistance until there was a
project
No
Separated/
divorced
One son (six
years old) –
from trafficking
experience
C2
Farming and
construction
work
(labourer)
Not stated
No (neighbours do
not know she was
trafficked)
Separated/
divorced
One daughter
C3
Farming work
Authorities treated her
normally – no stigma or
priority
No
Separated/
divorced
One child
(child still in
China)
C4
Small trading
and farming
work
Authorities promised to
help her reintegrate but
it was unsuccessful
No, although her
son is angry with
her because he was
left behind in
Vietnam while she
was in China
Separated/
divorced
One son
C5
Trading
Her farming land had
been taken away, no
other detail provided
No discrimination
from her family,
stigmatised by
neighbours
Married
One
biological
child (from
trafficking
experience),
one step-child
C6
Farming and
construction
work
(labourer)
Yes - Women’s Union
explained trafficking
situation to her
husband, which helped
him to understand and
accept her back
Yes - by husband
and neighbours,
although husband’s
attitude changed
after the authorities
explained what had
happened to him
Married
Two children
C7
Factory worker
Not stated
Yes – at first, but
situation improved
over time
Separated/
divorced
One son
(seven years
old)
C8
Coffee shop
operator
Yes – the authorities
supported her and
encouraged her to
participate in antitrafficking social events
Yes but only by
neighbours (not her
family)
Separated/
divorced
C9
Farming work
Not stated
No
Married
One
Two children
66
C10
Farming work
Authorities treated her
normally, no other detail
provided
No
Separated/
divorced
One
daughter
C11
Farming work
Authorities treated her
normally, no other detail
provided
No (although
brother asks her for
money)
Separated/
divorced
None
C12
Factory worker
Authorities did not
stigmatise her, no other
detail provided
No (although she
herself felt guilty)
Single (never
married)
One child
C13
Farming work
Yes – provided with loan
and vocational training
and encouraged
participation in antitrafficking activities
Yes (although some
were supportive),
husband had
remarried
Separated/
divorced
(Chinese
husband),
Widowed
(Vietnamese
husband)
Three
children
C14
Sells groceries
Authorities didn’t
destroy her hut on
government land, they
looked after her and
sympathised with her
No (although her
husband had
remarried and sold
their land)
Separated/
divorced
Yes
C15
Farming work
In a de-facto
relationship,
experiences
domestic
violence
Two sons
Not stated
Yes
*NB: Names have been changed throughout this report to protect the identities of the women
67
10.4.2 Family members of trafficked persons
Pre-trafficking experience
Name
Relative
interviewed
Place of origin (in
Bac Giang
province)
Marital status
Family situation
Employment/
economic situation
D1
Husband
Viet Tien
commune, Viet
Yen district
Unclear,
appears she
was married
No detail
provided, no
abuse in family
Rice farmer and
house carer,
financial situation
unclear
D2
Younger
brother
Viet Yen district
Divorced
One of five
children, no
abuse in family
Career not stated,
difficult financial
position
D3
Elder sister
Viet Tien
commune, Viet
Yen district
Separated
(not a formal
marriage) due
to the
domestic
violence and
alcoholism,
have a child
One of six
children, father
had passed away
so mother works
to feed children
Farming work (on
family’s farm) and
small trading,
poorest family in
village
D4
Cousin
Not stated
Single
One of seven
children
Hairstylist, unclear
financial situation
D5
Son
Viet Tien
commune, Viet
Yen district
Married with
three children
Not stated
Farming and small
trading, difficult
financial position
Trafficking experience
Name*
Recruiter
Type of trafficking
Exploitation
experienced
Length of
trafficking
experience
Mode of return
D1
Brother-in-law
Forced marriage
Forced contraception
use, forced marriage
Unclear, more
than two years
Not stated
D2
Not stated
Unclear, possibly
forced marriage
and/or labour
No detail provided,
says that she was
happy living in China
with her husband
Not stated
By herself
D3
Known
recruiter from
another
province
Forced labour
Poor work
conditions, denied
freedom of
movement
One year
Not stated
D4
Boyfriend
Unclear
No detail provided
Unclear, but
possibly a
couple of years
Not stated
68
D5
No detail
provided
Unclear, possibly
forced labour
No detail provided
but she told the
relative that her life
was not bad
Two years
Not stated
Post-trafficking experience
Name*
Employment
Reintegration support?
Experienced
discrimination?
Marital status
Number of
children
D1
Runs a
business
Not stated
Not from her family
and some of her
neighbours, but other
neighbours said that
she was a trafficker
Married
One son
D2
Farmer
Not stated
Not from family,
information about
neighbours not
provided
D3
Fruit shop
owner
Yes – provided with loan
and vocational training
Not from family,
information about
neighbours not
provided
Divorced,
single
One
daughter
D4
Works for an
electronic
company
Not stated
Yes – from all but one
family member (but in
relation to her current
relationship not her
trafficking situation),
but no discrimination
from neighbours
Divorced, in a
relationship
One son
D5
Farming
Not stated
Only from husband,
who didn’t accept her
until her relatives
explained to him that
the trafficking was an
accident
Widowed
Three
children
One son
*Names have been changed throughout this report to protect the identities of the trafficked women and their family
members.
69