Journal of SouthEast Asian Human Rights
Vol 7 No 1 (2023): June 2023

Criminal Justice Responses to Trafficking in Persons

Ngo Thi Minh Huong (Faculty of Constitutional and Administrative Law – University of Law of Vietnam National University Hanoi, Vietnam)
Giao Cong Vu (Faculty of Constitutional and Administrative Law – University of Law of Vietnam National University Hanoi, Vietnam)



Article Info

Publish Date
25 Jun 2023

Abstract

Human trafficking is a domestic and transnational crime that poses complex law enforcement challenges to all nations. Vietnam is particularly affected due to rapid growth in labour migration and international tourism. The presumption of law makers is that by improving the criminal justice response to trafficking in persons (TIP), its incidence within the country and beyond its borders will decrease. Inherent in this premise is the assumption that strong legal sanctions deter would-be traffickers. This paper describes Vietnam’s criminal justice responses to human trafficking with reference to the legal framework and institutions. Barriers and challenges in implementing the ASEAN Convention on Trafficking in Persons (ACTIP), and the underlying reasons why the current response is inadequate in addressing TIP are identified with a focus on issues associated with victims and trials. The paper argues that Vietnam needs to increase efforts to meet its obligations and standards as set out in the United Nation’s Recommended Principles and Guideline on Human Rights and Human Trafficking and ACTIP. In particular, prosecution of traffickers and the protection of victims need to be prioritised. Keywords: Human Trafficking, Human Rights, Labor Migration, Criminal Justice, Vietnam

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Journal Info

Abbrev

JSEAHR

Publisher

Subject

Arts Humanities Social Sciences

Description

The Journal of Southeast Asian Human Rights (JSEAHR) explores human rights realities in South East Asian region from various perspectives. The JSEAHR is a peer-reviewed journal co-organized by the Indonesian Consortium for Human Rights Lecturers (SEPAHAM Indonesia) and the Centre for Human Rights, ...