CHILD IN SEVERAL ETHNIC MINORITY COMMUNITIES IN - AN ANALYSIS FROM AN ANTHROPOLOGICAL PERSPECTIVE -

The Research Team: Phạm Quỳnh Phương Đỗ Quỳnh Anh Hoàng Ngọc An Phạm Thanh Trà Mai Thanh Tú

HANOI, 2017

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ACKNOWLEDGEMENTS

This is a study conducted by iSEE, with technical and financial support from Childfund Australia, Plan International and World Vision International in Vietnam. iSEE research team sincerely thanks the participation of local people, local authorities and translators at field sites in Yen Bai, Quang Tri, Hoa Binh and Dien Bien. Without the valuable information they shared, this study would not have been possible. During the process of preparing and conducting research at field sites, the research team received enthusiastic support from field officers of Childfund, Plan and World Vision. They assisted us in connecting the research team with local authorities, and in providing information and data on field sites. We would like to thank Mr. Nguyen Van Thang (World Vision's officer in Yen Bai); Mr. Vo Thien Minh (Plan's officer in Quang Tri); Ms. Ha Thi Dao (Childfund's officer in Hoa Binh); and Mr. Cao Quang Tan (World Vision's officer in Dien Bien) for supporting and directly accompanying the research team in the villages. During the process of finalizing this report, we received many comments from our colleagues at iSEE, the three organizations mentioned above, as well as useful comments from Ms. Nghiem Kim Hoa, a specialist. We would like to thank all for this valuable support. The opinions expressed in this report are those of the research team and do not necessarily reflect the views of the organizations or individuals who assisted in conducting this study. iSEE Research Team , 2017

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TABLE OF CONTENTS

ABBREVIATIONS ...... 4 LIST OF BOXES...... 5 LIST OF TABLES ...... 5 SUMMARY ...... 6 CHAPTER 1. INTRODUCTION TO THE STUDY ...... 8 1.1 Reasons for conducting the study ...... 8 1.2 The concept of "" ...... 9 1.3 Research approach ...... 10 1.3.1 Studies on child marriage from a human rights perspective ...... 10 1.3.2 An anthropological approach to the issue of child marriage ...... 11 1.4 Scope and field sites of the study ...... 13 1.5. Research methods ...... 17 I.6 Research ethics ...... 19 I.7 Difficulties and limitations of the study ...... 20 CHAPTER 2. THE REALITY OF CHILD MARRIAGE AT FIELD SITES ...... 22 2.1 Stories from the field sites ...... 22 2.2 Practices leading to marriage ...... 26 2.2.1 Looking for a spouse ...... 26 2.2.2 The decision to marry: Children’s subjectivity ...... 33 2.2.3 and ceremonies...... 37 2.3. Marriage experience of couples who married early ...... 41 2.4 The consequences of child marriage ...... 48 CHAPTER 3. CHILD MARRIAGE: ECONOMICS, CULTURAL AND SOCIAL CAUSES ...... 51 3.1 To earn a living is "the philosophy of life:" Marriage for livelihood security ...... 51 3.2 Love means marriage: Marriage as an expected gender role practice ...... 53 3.3 The symbolic meanings of marriage and adulthood ...... 56 3.4 Face and dignity: Marriage for personal and familial security ...... 58 3.5 “Dropping out means marriage:” Challenges of education and employment ...... 60 3.6 Motorbikes, mobile phones and Facebook: Challenges of technology and modernization ...... 68 CHAPTER 4: DISCUSSIONS ...... 74 4.1 Child marriage was a common phenomenon in human history ...... 74 4.2 The paradox of child marriage: Choice and inequality? ...... 76 4.3 Policy against child marriage: A dilemma ...... 79 CONCLUSIONS ...... 86 REFERENCES ...... 91

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ABREVIATIONS CRC: Convention of the Rights of the Child EM: Ethnic Minority BCR: Birth Certificate Registration GDP: Gross Domestic Product INGOs: International Non-Governmental Organizations (in Vietnam) iSEE: Institute for Studies of Society, Economy, and Environment RH: Reproductive Health VNGOs: Vietnamese Non-Governmental Organizations

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LIST OF BOXES Box1: Van Kieu young people's custom of "di sim" ...... 27 Box2: Forced -pulling...... 31 Box3: "Consensual wife-pulling" of today ...... 32 Box4: Marriage practices of Van Kieu people (Da Krong) ...... 39 Box5: The concepts of a good wife and husband ...... 40 Box6: Girls' feelings after marriage...... 44 Box7: Perceptions about premarital sex ...... 54 Box8: Priority given to sons in Phinh Giang, Dien Bien ...... 59 Box9: Mobile phones and the Internet aid adolescents’ search for partners ...... 66

LIST OF TABLES Table 1 The number of female students in secodary and high school level divided by province on December 12...... 59

5 SUMMARY Child marriage is a reality in many provinces and cities nationwide, but especially in ethnic minority communities - specifically in Hoa Binh, Yen Bai, Dien Bien and Quang Tri provinces. Most married couples drop out of school early, often only finishing secondary school. Children do not have the motivation to continue their education because job opportunities after graduation are unclear and because of the fears of being unable to find marriage partners if they spend too much time in school. Most people at the research sites have a clear understanding of the law and have been introduced to the discourse on "child marriage" that labels it as an offense. Yet, many accept the risk of punishment and decide to marry, or entirely ignore the legal obligations. Local government penalties intended to deter the practice are only effective in restricting for under-age married couples. They are largely unable to control the cohabitation practices of paired-off children, or couples in which the groom is of age but the is underage. Unlike the discourses in which children are forced or encouraged into early marriage by adults, the children in this study are the decision makers. However, their decision to marry is influenced by the limitation of their selected partners, and by factors. Girls’ decision to marry is subjected to social pressure (e.g. avoid being seen as too old to marry) and pressure from boyfriends. After marriage, girls often regret their decision more than boys because they tend to experience more adversity: dropping out of school, pressure to get pregnant, raising children, managing relationships with the husband's members, gender inequality in the family, , and more. Most married girls isolate themselves from peer group activities and so they often lack access to information and/or are limited in skills – all bringing about a loss of development opportunities. There are many reasons for the continuation of the practice of marrying children. An agricultural economy (with regard to "working" as a principle of life) and ethnic cultural norms are root causes. Because of living conditions that require children to labor and contribute to the family economy, ethnic minority children are considered developed and mature quite early, as compared to the legal marriage age. In this context, the importance of manual labor, in order to survive dominates the lens through which the practices of love and marriage are seen. Adult men and women are not expected to enjoy marriage, but rather to concentrate on working for their livelihoods. On the other hand, in the context of patriarchal cultural norms, marriage carries a symbolic meaning, one that changes the social status and meaning of the life of a child. Thinking of marriage for love as an indispensable and necessary destination has become a concept that is maintained and strengthened by the people through personal education via family and community. Boys are expected to be the breadwinners, and girls are expected to become and mothers. Because of the importance of "working," all activities in life are valued in so far as they contribute to one’s survival. Studying, if it does not directly serve that goal, becomes secondary just like conceptions and evaluations of love. What is most surprising, however, is not traditional customs, but rather the incorporation of 'modern' cultural waves that have affected the marital status of children in ethnic groups in recent years. Easy access to mass communications such as the Internet, Facebook and Zalo; improvement of transportation and infrastructure; boarding schools; the multiplicity of private transportation (e.g. scooters); the

6 popularity of television; and the simplification of traditional marital rituals have all decreased the financial pressures within marriage generally. The lack of many of these developments in ethnic minority communities exacerbates the pressures and situation of ethnic minority children who still have difficulties getting a high school education, who lack information on reproductive health, and who lack employment opportunities. This exacerbation is the cause behind the resurgence of child marriage and its more widespread prevalence today. This paradox suggests that the issue of early marriage cannot be seen as just a legacy of traditional and patriarchal cultural norms, but must be viewed in a broader, multi-dimensional network of factors. Ethnic communities must be understood from the perspective of active subjects, experiencing fast and drastic changes from external sources, all the while having their foundation for a balanced and sustainable development (such as land, sustainable livelihoods, diverse selection) shaken. From the perspective of the ethnic minority people, child marriage became a way to deal with the social upheaval. Making strategic, early choices on marriage can bring a sense of livelihood security, sexual control and preservation of youth morality. In other words, in the context of poverty and lack of opportunity, the increasing occurrence of child marriage in recent years can be viewed as a strategic reaction of ethnic communities to the loss of secure livelihoods and increased risks involved in social life. The marriage of children depends on a broad range of socio-economic factors (e.g. poverty, lack of access to education, sparse employment opportunities, lack of knowledge about reproductive healthcare, and impacts from larger social structures). Thus, if one wants to minimize the occurrence of child marriage, solutions lie not only in legal penalties - fines, prohibition of marriage registration, no birth registration for children with an underage parent and propagation on the consequences of child marriage. Solutions must provide ethnic minority children with more opportunities to choose from, ones that ameliorate the many pressures that make early marriage attractive.

7 CHAPTER 1. INTRODUCTION TO THE STUDY 1.1 Reasons for conducting the study Child marriage is considered a social problem and is strictly prohibited by the First Amendment of the Law of Marriage and Family of the Democratic Republic of Vietnam in 1959, as well as by its revisions in 2000 and 2014. The Child Law of 2016 also prohibits child marriage and other activities related to the organization and support of child marriage. However, despite its long legal history, this is still considered a difficult and continuing issue. Results from the Monitoring the Situation of Children and Women: Viet Nam Multiple Indicator Cluster Survey 2014 (MICS) show that 11.2% of women (aged 20-49) were married before the age of 18, 10.3% of which were married between the ages of 15 to 19 (General Statistics Office and UNICEF 2015). The rate of child marriage is particularly high among ethnic minorities. The Conference on Child Marriage and Consanguineous Mariage among Ethnic Minorities, held on July 2, 2013 shows that from 2007 to 2009, the phenomenon of child marriage was highly concentrated in mountainous areas, especially among ethnic minorities in the northern mountains: the Hmong people (33%), the Thai (23.1%), and the Muong (15%). According to a survey by the Committee on Ethnic Minority Affairs in 2015, among 53 ethnic minorities in Vietnam, on average, one in four marriages occurs before the age of 18 (26.6%); and up to 40 of these ethnic minorities have child marriage rates higher than 20%. In particular, there are six ethnic minorities with rates of 50% to 60%, namely the Hmong, Xinh Mun, La Ha, Gia Rai, Raglay, and Bru-Van Kieu (Nguyen Thi Tu, 2016). In contrast to typical assumptions that child marriage is disproportionately experienced by girls, recent data shows that among ethnic minorities, the rate of marriage with underage husbands is often higher than that of wives, and has the tendency to increase rapidly over time (Vu Manh Loi and Nguyen Huu Minh, UNFPA & UNICEF, 2016). In response to this, the Center for Population, Family Planning Counseling and Services implemented an intervention model to reduce child and consanguineous marriages since 2009 across 20 communes in five districts and five provinces. The government has also approved a Committee on Ethnic Minority Affairs’ proposal for 2015-2025, titled, “Reduction in Child Marriage among Ethnic Minorities.” Most recently, on October 25, 2016, a National Conference on Child Marriage in Vietnam was jointly organized by the Ministry of Health, the Ministry of Labor – Invalids and Social Affairs, the Committee of Ethnic Minority Affairs and the United Nations Population Fund, showing the importance of this issue today. In studying the causes of child marriage, many reports confirm that the root cause originates from: an “inertia” of traditional customs (Committee of Ethnic Minority Affairs, Vu Manh Loi/UNICEF 2016); gender inequality; economic motives; people’s lack of knowledge; lack of legal counseling services on marriage and family; and the weakness of state management of marriage. Distinctive geographical features such as residence, transportation and communication are also factors that make child marriage persistent in areas where ethnic minorities live. This reality is a concern in post-Doi Moi Vietnam, which is considered a relatively prosperous period. On the one hand, Vietnam’s gross domestic product

8 (GDP) reached 6.4% on average in the first ten years of the 21st century, and was one of the fastest growing economies in the world (World Bank 2016). Three decades after Doi Moi, Vietnam has witnessed the emergence and development of civil society organizations. Many VNGOs receive financial support from international non- governmental organizations (INGOs) in fields such as education, development, advocacy, etc. 1 New ideas about democracy and human rights, a wave of propaganda about social values, increasing awareness of human rights, and political participation has recast the ongoing issue of child marriage as a problem that needs to be addressed. Questions remain. What is the real reason behind the practice of child marriage in ethnic minorities? Why is this problematic? What can we do to minimize it, or to change the public and legal perspectives on this phenomenon? In response to the above questions, iSEE and other NGOs working on child rights in Vietnam – including Childfund Australia, Plan International and World Vision International – conducted this study to provide an anthropological perspective to the causes of child marriage. This study aims to approach the issue of child marriage in Vietnam through a new lens in order to recommend appropriate and effective interventions.

1.2 The concept of "child marriage" For a long time in Vietnam, the phenomenon of marriage before the legal age was described with the term tảo hôn, which means "early marriage" (according to Sino- Vietnamese, tảo means ‘early,’ and hôn means ‘marriage’). In this study, we use the term ‘child marriage’ to fit our research targets. Child marriage is simply defined as marriage at a child's age. However, the concept of ‘child’ is used inconsistently in Vietnam’s legal documents, and also does not align with the global definition. The Children's Law of 2016 states: "Children are under 16 years of age." Other laws and sub-laws have age provisions determining citizens’ respective civil and criminal liability. The 2005 Youth Law stipulates that young people are, "Vietnamese nationals from the age of 16 to 30." The Civil Code provides that any person 18 years of age and older is an adult and must bear independent responsibility (those under 18 years of age are children). The Labor Code enacted in 2012 provides that employees are people aged 15 years or older and with the ability to work; while the Law on Handling Administrative Violations of 2012 considers that those who are "from full 14 to under 16 years old may be administratively sanctioned for intentional administrative violations; persons who are full 16 years or older may be administratively sanctioned for any administrative violations." Although they do not directly determine when a person is a child, these regulations show that there are different ages at which the government considers young persons as capable of deciding or engaging in certain activities. Meanwhile, the prescribed age of ‘children’ by the United Nations is under 18. Article 1 of the United Nations Convention on the Rights of the Child (CRC) regulates: “for the purpose of this Convention, a child means every human being below the age of 18 years unless under the law applicable to the child, maturity is attained earlier.” Article 2 of the Convention 182 - Convention Concerning the Prohibition and Immediate

1 After the first years of Doi Moi, a range of VNGOs started to form and actively operate in Vietnam. In 1992, the state decided to allow the establishment of Vietnamese non-governmental organizations (VNGOs). Funding for VNGO activities mainly comes from the aid of INGOs.

9 Action for the Elimination of the Worst Forms of Child Labor - in 1999 regulates that: “for the purposes of this Convention, the term ‘child’ shall apply to all persons under the age of 18.” Thus, although Vietnam was the first country in Asia and the second country in the world to approve the International Convention on the Rights of the Child (on February 20, 1990) and among the few countries that have enacted the Law on Child Protection, Care and Education, Vietnam is now the only remaining member of ASEAN, one in four countries in Asia, and one in 11 countries in the world that has not raised the legal age of children to 18.2 In the aspect of marriage, legal documents in Vietnam still contain gender discrimination. The 2014 Marriage and regulates that the marriage age is 18 years or older for women and 20 years or older for men. Thus, even if they have passed the age of a ‘child’ defined by other laws, men and women below this age are not allowed to marry. Meanwhile, the United Nations Children's Fund and other organizations working to protect children and children's rights, define ‘child marriage’ as a formal or informal marriage before the age of 18. In most developed countries, the minimum age of marriage is 18 and older.3 In this study, in line with the International Convention on the Rights of the Child 1989, which Vietnam has ratified, we use the term ‘child marriage’ to mean marriage between those under the age of 18, for both male and female. Since couples are often not allowed to legally register for marriage under the prescribed age, the term ‘marriage’ in this study includes both formal (registered) and informal (customary) ones. This takes couples who live together as husband and wife without marriage registration into account.

1.3 Research Approach 1.3.1 Studies on child marriage from a human rights perspective The issue of child marriage in recent years has been approached predominantly from a human rights perspective. This is evident in policy discourse, as well as the discourse of INGOs and civil society organizations in general. UNICEF has asserted that, "child marriage is a manifestation of gender inequality, reflecting social norms that perpetuate discrimination against girls," (United Nations Children's Fund 2013: 2). Plan International also states that, "child marriage is a violation of children’s human rights ... Early marriage denies girls their rights to make vital decisions about their sexual health and well-being" (2016). World Vision also reinforces the rights-based approach, "Forced and early marriage is a fundamental abuse of human rights ... Early marriage seriously harms the development and well-being of girls, through limited education and employment opportunities, social isolation, domestic violence and " (2016). Studies from health, reproduction, human rights and legal perspectives around the world, as well as in Vietnam, often focus on the consequences of this practice. Child marriage is a popular topic for Vietnamese undergraduate and graduate theses, including students coming from ethnic minority communities. They typically denounce

2 http://duthaoonline.quochoi.vn/DuThao/Lists/TT_TINLAPPHAP/View_Detail.aspx?ItemID=1510 3 There are some developing countries that set a legal age for marriage under the age of 18. For example, in some African countries, such as Mali, Niger, or Democratic Republic of Congo, the legal marriage age for women is 15 years old. In general, according to the law of the countries, the legal marriage age of women is usually lower than that of men.

10 child marriage as: "harmful, depraved customs"; "degeneration"; or blame it for slowing down the economic development (Vang Thi Giang 2010, Ho Nu Thuc Trinh 2014, Nguyen Thanh Van Hang 2015). Related health issues and social consequences of early marriage are often mentioned in the studies: the violation of children's rights; the loss of access to education and employment opportunities; the absence of sources of independent personal income; the loss of opportunity for self-development; early pregnancy; high mortality and morbidity for mothers and babies; and high poverty rates (Nguyen Thi Tu 2016, Do Thi Quynh Huong 2016; Nguyen Thi Huong et al., Jones et al., ODI 2013, Nguyen Tran Lam 2008, Ministry of Justice 2013). The general approach to the issue of child marriage is often aimed at finding solutions to resolve these risks. Thus, the solutions and recommendations proposed in these studies and surveys are focused on the education, economics and abolition of cultural practices that are considered "undeveloped." INGO interventions, including World Vision, place emphasis on education with the mottos: "Education is vital in preventing early marriage," or "Educate a girl and change her world,"(World Vision 2016). So even though the studies are quite similar in pointing out the fundamental causes (traditional customs, lack of knowledge, low education level, the wish to have sons in crowded , gender inequality in value and practice, poverty tied to marriage as a form of economic exchange, lack of close monitoring by local authorities, etc.) (Vu Manh Loi and Nguyen Huu Minh 2016, Do Thi Quynh Huong 2016, Nguyen Thi Tu 2016, Plan International Australia 2014; UNFPA and Plan International 2017; Myers 2013), there are few citations and case-specific analyses on why child marriage is still very prevalent, despite the intervention efforts of many agencies in recent years. In other words, there needs to be further qualitative research to explore child marriage with the voice of ‘insiders.’ The anthropological approach, therefore, will help to provide another perspective on this issue.

1.3.2 An anthropological approach to the issue of child marriage Anthropology, as an independent scientific study of human dating back to the nineteenth century, is an attempt to understand and explain differences among ethnic societies and cultures. In the twentieth century, anthropology witnessed the institutionalization of the discipline (with the formation of cultural anthropology in the United States, social anthropology in Britain, and ethnography in France), and the development of cultural relativism in particular. Cultural relativism undermines the once-prevailing view of cultural evolutionism (according to which all cultures develop in a linear and progressive manner from low to high). According to cultural relativism, cultures cannot be ranked as high or low on a common value scale. Each culture has its own values within particular historical and geographic contexts. Therefore, in order to evaluate other cultures, we need to understand the standard values of that culture, as well as to be objective from the values and standards of our own culture. With this view of cultural relativism, socio-cultural anthropology asserts that social reality is created first and foremost by the relationships between people and social groups that they belong to. It also proposes that cultural practices are always intrinsic and valuable to individuals’ lives (in example, for anthropologists, the concept of human rights will not make sense if it is not studied through specific people, their relationships with others and with the surrounding environment around them). Socio- cultural anthropology aims to understand human society and culture through detailed

11 studies of local life, from which interpretations, comparisons and generalizations can be made. The anthropological approach to human rights began in the mid-1980s, but it is unlikely that anthropology would be able to fully accompany human rights because of the basic debate on the question of whether human rights are universal or relative? The strain of cultural relativist approach in anthropology, which emphasizes the respect for diversity, denies the universality of human rights (Goodale 2006). Anthropology emphasizes that different ethnic groups will have different notions of rights, and criticizes the Universal Declaration of Human Rights for imposing the same rights and freedom for different ideologies, cultures and politics. The notions in the human rights manifesto are based on a Eurocentric legal framework, so they are ethnocentric and unsuitable for worldwide application. In contrast, theorists of universal human rights argue that human rights are fundamental values for all human beings because they are intrinsic to human nature and therefore, indisputable (Preis 1996, Messer 1993, Turner 1997, Perry 1998, Hatch 1997).4 Nonetheless, other anthropologists, especially since the 2000s, have viewed anthropology and human rights as non-contradictory, and overcomed the standoff between universality of human rights and relativity of cultural practices (Turner 1997, Cowan et al. 2001, Goodale 2006). In order for anthropology to share a common voice with human rights, according to Goodale (2006), human rights should be studied from within ethnographic fieldwork and conceptualized as one of a collection of norms in community practices. Field studies on human rights have shown that the idea of human rights is always embodied in a larger conception of ethics; and that human rights within an anthropological framework can be described as, "ethical theory as a social practice." According to Goodale (2006:26), describing the idea of human rights as an "ethical theory" that is demonstrated through social practice does not mean denying other approaches. More importantly, anthropology both helps concretize abstract ideas about human rights, and develops more specific historical and cultural knowledge about these ideas. Many jurists and human rights researchers have similar views with such anthropological stances, typical of which is Abdullahi Ahmed An-Na'im in his work "Human Rights in Cross-Cultural Perspectives: Quest for Consensus"(1992). An-Na'im suggests a cross-cultural approach through dialogue to achieve a global cultural- identity of human rights. This would occur through greater understanding of specific circumstances and cultural practices, and especially respecting the choice of individuals in those circumstances. Approaching the issue of child marriage from an anthropological perspective is a challenge. The concept of child marriage itself implies human rights. In other words, according to the Convention on the Rights of the Child (CRC) and the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW), children should be protected from being married before the age of maturity to avoid a series of violations of other rights: the right to education; to health and reproductive health; the best; the right to not be abused physically or mentally (including sexual exploitation); the right not to be separated from parents; the right to seek, receive and disseminate information and ideas; and the right to be protected from harmful traditional practices.

4Ann-Belinda S. Preis. (1996). Human Rights as Cultural Practice: An Anthropological Critique. Human Rights Quarterly 18 (2), 286-315.

12 However, in Vietnam, the concept of child marriage is not directly used. There are two legal categories: ‘children’ (under the 2016 Children's it is U-16), and early marriage or "child marriage" (U-20 for men and U-18 for women). The Children's Law of 2016 bans "organizing, supporting, instigating and forcing children into marriage." Thus, there is a risk of legal discord in cases of marriage between 16 and 18 year olds because they are not automatically considered children and therefore are not protected from early marriage by providing socially appropriate services. They may even be liable to civil or even criminal charges.4 This study is not aimed at discussing the violation of children's rights from the situation of child marriage because there have been many reports emphasizing this aspect, and because understanding children only as "victims" may limit our understanding of the subjective causes and the context-specific factors behind this marital practices. In this study, instead of giving an analysis from an outside view based on international norms, we want to use an anthropological approach with a focus on indigenous culture and voices of the insiders. With such an approach, this study not only aims to acknowledge the reality of child marriage at the micro level, but also hopes to discover - from the insights of cultural subjects – the role of the child in making the decision to get married; the meaning of marriage to ethnic minorities; and the reasons why, despite the law and negative discourses, the practice of early marriage still remains quite popular. In other words, in contrast to the stereotypes that emerge from rights-based discourses, the anthropological lens could open up a new perspective on child marriage among ethnic minority communities in Vietnam.

1.4 Scope and field sites of the study This study does not have the ambition to fully and thoroughly explore all aspects of child marriage in the chosen ethnic minority areas, nor does it represent and cover all of the diverse, complex and multidimensional aspects of the phenomenon of child marriage in general. This is a study from an anthropological approach of the reality of child marriage in four specific cases of distinct ethnic communities, from which a comparative perspective and some discussions about the phenomenon will be made. The areas studied were introduced by Childfund Australia, Plan International and World Vision International in Vietnam. They include: the Hmong community of Phinh Giang commune, Dien Bien Dong district (Dien Bien province); Hmong people in Suoi Giang commune, Van Chan district (Yen Bai province); Muong people in Phu Cuong commune, Tan Lac district (Hoa Binh province); and Van Kieu people in Dak Krong commune, Da Krong district (Quang Tri province). Each surveyed locality has its own socioeconomic characteristics:

Phinh Giang Commune (Dien Bien) Phinh Giang commune has a total natural area of over 10,000 hectares, located in the western part of Dien Bien Dong district, 40 km from the district center. Prior to October 7, 1995, this region used to be part of Dien Bien district 5 , but was then

5 Dien Bien Dong district borders Muong Ang district to the North, Dien Bien district and Dien Bien Phu to the west, and Song Ma district (Son La province) to the east and south. The district has 14 subordinate administrative units, including Dien Bien Dong town and 13 communes: Chieng So, Hang Lia, Keo Lom, Luan

13 separated by Decree No. 59/CP. Today, Phinh Giang commune has 12 villages with more than 600 households and 3,678 people. In the commune, there are two main ethnic groups: the Hmong (accounting for 70% of the population); and the Kho Mu (roughly 30% of the population). There are five villages in the commune where Christians live. In Dien Bien, Phinh Giang Commune is one of the 2,275 communes listed as facing special difficulties with the Decision No. 204 / QD-TTg of Prime Minister on February 1, 2016. It is also the commune with the most difficult socio-economic circumstances in Dien Bien Dong District. In its 12 villages, only 82 households have escaped from poverty; there are still 444 marginally poor households and 74 poor households. People here mainly cultivate and raise livestock for self-sufficiency, of which upland cultivation occupies a high proportion. Rice fields make up a large part of the land, while the remaining area is for growing maize (47 hectares) and other food crops such as potatoes and cassava (82 hectares in total). Fruit trees such as mango, banana, longan, litchi and timber trees have been tested, but none of them could develop successfully due to climate and soil factors.6 Therefore, rice is still the main crop here, of which there are two types - upland rice and paddy rice. There is only one crop of upland rice per year, while paddy rice can be harvested twice a year. However, the cultivated area of paddy rice in is relatively small (102 ha). It is mainly upland rice that is cultivated (727 ha). Rice cultivation basically meets the need for food self- sufficiency of the households in the villages. Households with large cultivated land area can even increase their income by selling grains to outside traders. Husbandry is small- scale and at the household level, with cattle such as buffalos, cows, pigs, goats and poultry (chickens and ducks). Aquaculture is also on a small scale: the total water area for fish farming is about 20 hectares. The village we studied - Phu Ban - was described by locals as facing the most difficult economic situation, with the highest number of poor households in Phinh Giang Commune. This is also the most remote commune. It was not easy to get to Phu Lan. Our cars could only reach the point where a paved road and a bridge were being built with government funding to support communes in especially difficult circumstances. From there on, we had to wade through a stream, go across a village of Dao people at the foot of the mountain, and then move on by motorbike. The path leading to Phu Lan was a narrow, rocky road that stretched through steep slopes and vast terraces. Even though the weather was favorable, it took an hour-and-a-half to get from the commune center to Phu Lan. Compared with local officials' description of an area that mainly cultivates rice for self-sufficiency and with economic difficulties, it seems that the living conditions of Phu Lan people were not extremely inadequate. Villagers mainly cultivate upland rice and raise cattle, pigs, and chickens. Difficult access to the village leads to few trading activities, but because agricultural production meets the demands of households, people do not have to become hired workers to earn more money. The village's terrain is quite high and flat with no streams nearby, so it is necessary to make a pipe system to bring water from the ravine. Thanks to the support

Gioi, Muong Luan, Na Son, Nong U, Phi Nhu, Phinh Giang, Pu Hong, Pu Nhi, Tia Dinh, Xa Dung. Dien Bien Dong is home to six ethnic minority groups: Hmong, Thai, Lao, Kho Mu, Sinh Mun and Kinh. Hmong people there are divided into 5 groups: White Hmong (Môngz Đơư), Flower Hmong (Môngz Lênhs), Red Hmong (Môngz Si), Black Hmong (Môngz Đuz), Green Hmong (Môngz Dua). 6 Report on the Economic, Social and Security Situation 2016 (No.25/BC-UBND) of People's Committee of Phuong Giang Commune

14 of an NGO, a concrete road within the village is being built. Phu Lan also now has electricity and mobile coverage. It has 89 households with 450 people, around half of which are relatively concentrated in the central part of the village. At the commune center, there is a primary school and a preschool. The houses in the central area are relatively spacious and solid with an average area of about 40m2. Most of the houses are built close to the ground with poles, wooden planks and roofing cement.

Suoi Giang Commune (Yen Bai) Suoi Giang Commune is in Van Chan District, Yen Bai Province, about 25km away from Nghia Lo Town. It includes the following villages: Giang A, Giang B, Pang Cang, Tap Lang I, Tap Lang II, Giang Cao, Ban Moi, Suoi Lop and Can Ky. Suoi Giang commune (which means "the stream of heaven" in the Hmong language) has an area of over six-thousand hectares, with 662 households and 3,344 people. The majority (98%) of the commune's population are Hmong people (the Hmong Si group). The village we studied has 147 households and 768 people, of which only two households are Kinh, the rest are Hmong. Suoi Giang Commune (Yên Bái) is over 1,300 - 1,800 meters above sea level, with dangerous mountain roads. The percentage of multidimensional poor households was 75.54% in 2015, and 39% in 2014 according to old poverty standards. The locals live off predominantly by their tea cultivation. Suoi Giang is considered the cradle of Shan Tuyet tea in Vietnam. Most of Suoi Giang's Shan Tuyet tea is grown from 200-300 year-old tree stumps. The most ancient tea tree in Suoi Giang is up to 400 years old. The limited usage of fertilizer and pesticide, as well as low planting density (500-800 trees/ha) makes this tea variety unique. Thus, tea productivity is lower than that of new planting areas with much higher densities (16,000 trees/ha). The average yield of Suoi Giang tea is only 1-1.3 tons of fresh tea buds/ha, while that of new planting areas can reach 9-10 tons/ha. Despite the low productivity, locals do not face any difficulty in the market. The price of tea is stable at 15,000/kg of fresh buds (equivalent to 180,000/kg of dry tea). Suoi Giang's Shan tea is mainly consumed domestically. Most of the fresh tealeaves are sold directly to the factory of Duc Thien and Suoi Giang Cooperative located in Suoi Giang commune. In addition, a small portion is sold to some household-scale processing plants in the commune to make them into dried tea (green tea). The whole commune has about 500 hectares of tea, yielding more than 500 tons of fresh tea buds. The average tea-growing area of a household in Suoi Giang is about 0.7 ha. The annual income from tea per household is estimated at 10-13 million. Besides tea, households in Suoi Giang commune have a small cultivated area of rice and maize cultivation, mainly for consumption in the family. They also have additional income from growing cinnamon. Pig and poultry farming is small-scale. Occasionally, men in the commune work as builders (which is called "concrete doer" by Hmong people in Suoi Giang); their salary is about 150,000/day. Suoi Giang commune has seven villages that are in exceptionally difficult circumstances, including the one we studied. Even so, the roads in the lowlands where the households are concentrated are all paved with concrete. The higher areas are usually for tea cultivation. The roads to these tea fields are usually dirt roads, which are small and steep. Tea plants are also grown in families’ gardens. The village we visited is one of those with many ancient Shan Tuyet tea trees and is the commune's key area for tourism development. The road leading to the village has many shops and

15 businesses selling and processing dried tea. Larger businesses usually belong to Kinh people, who migrated to the village. There is an elementary school in the village. The secondary school is in the center of Suoi Giang commune, 8km from the village. The high school is in the district center, about 13 km from the village. The center of Suoi Giang commune is 12km from Van Chan District General Hospital, and 24km from Nghia Lo General Hospital. Although this is not a large distance, most Hmong people in Suoi Giang still give birth at home.

Da Krong commune (Quang Tri) Da Krong commune is located in Dak Krong,7 a mountainous district in the southwest of Quang Tri province, which was established on January 1, 1997 on the basis of 10 communes of Huong Hoa district, and three communes of Trieu Phong district. Da Krong commune has about 1,000 households and over 5,000 people, of which 80% are Van Kieu people. The commune consists of 10 villages: Ta Leng, Chan Ro, Ba Ngao, Lang Cat, Pa Tang, Khe Ngai, Vung Kho, Cu Pua, Klu and A Tong. Among the field sites studied, the village we surveyed in Da Krong is the poorest. It is hidden in the mountains near National Route 9. Both of its natural and geographical conditions are not favorable; there are frequent storms and floods. Since the Da Krong hydropower plant was built, travel has become more dangerous, especially in the flood season when the plant discharges water, causing the water level to rise. The plant construction also pollutes the water, causing water scarcity for the village, especially after the self-drainage system broke down. "Red books" (certificates of land use rights) have been granted for land in the village, and there is little vacant land left. The village's agricultural land is not only limited, but is also mainly mountainous and of bad soil, making it difficult to cultivate crops or fruit trees. Previously, farmers grew rice, but due to land degradation from 2013 to 2014, the government has guided farmers in the commune to grow cassava on hilly lands. There are only a few families that are able to raise livestock, mainly goats and pigs. Livestock are free-range without any breeding facilities; waste disposal is quite indiscriminate. In total, there are 174 households with 809 people in the village, among which there is only one Kinh household, the rest are Van Kieu. Of these, there are 600 people aged 20 or below (nearly 400 children aged 15 years or less, over 200 aged 15 to 20 years). Households live close together in the village's center, in simple bamboo houses with fibre cement or thatched roofs. Some wealthier households built wooden or concrete houses. Each family has five children on average, so when they are married and have the need to move out after living together with their parents for several years, it can be very difficult to find land to build houses.

Phu Cuong Commune (Hoa Binh) Hoa Binh province is nearly 100 km from Hanoi, which takes roughly two hours by car. There is a distance of 15 km between the center of Hoa Binh city and Tan Lac district.

7 The district consists of 14 administrative units: Krong Klang town and 13 communes: A Bung, A Ngo, A Vao, Ba Long, Ba Nang, Dakrong, Hai Phuc, Huc Nghi, Huong Hiep, Mo O, Ta Long, Ta Rut, Trieu Nguyen. The main inhabitants are Cham, Van Kieu, Pacoh, and Kinh people.

16 Because the mountain road is quite winding, it takes 30 minutes to move between the two places. To move from the district center to Phu Cuong commune, one must go 15 km further to the northwest of the district. As Hoa Binh is nearer to Hanoi than other provinces, the rate of labor migration to Hanoi is very high. Young people in the area who do not engage in agricultural work at home will go to work in Hanoi and neighboring industrial areas. Phu Cuong commune is a mountainous district of Tan Lac, Hoa Binh province. Tan Lac district has a natural area of 523 km2, of which the forest accounts for 80%. Tan Lac is considered one of the cradles of the Muong culture, with Muong Bi as a known landmark. Phu Cuong commune is located in the western part of Hoa Binh province, with roads connecting to National Highway 1A8. Phu Cuong commune has 19 villages, which are Lam Luu Street, Vo Tam, Bat, Buoi, Cai Sung, Mui, Khieng, Bai 1, Bai 2, Vin, Trao 1, Trao 2, Khanh, Khoi 1, Khoi 2, Khoi 3, all encompassing 1,530 households and 7,214 inhabitants.9 The Muong people account for 98% of the population, the rest are Kinh and other ethnic groups. This site was selected for research because it is one of the poorest communes of Tan Lac district and has a high rate of early marriage. Most of the roads from the People's Committee of Phu Cuong Commune to the hamlets are paved with concrete, spacious and convenient for cars to move around. Muong people in Phu Cuong Commune's hamlets mainly live in wooden stilt houses. The space under the house is used for breeding poultry such as chickens and ducks; and for storing farming, house cleaning and livestock tools. When the Women's Union officials led our research team to families whose children got married early, we were expected to "provide child marriage counselling" to them. When we went there to conduct interviews, there were only the girls as most of the boys were working away from home. Therefore, in Hoa Binh, we were able to interview only females who married early, and did not learn anything more about the boys' ways of thinking and opinions on getting married early. 1.5. Research methods In the framework of this study, we want to adopt an anthropological approach and methodology to explore multifaceted perspectives on child marriage of ethnic minorities in specific cultural, economic and social contexts. The study focuses on the views of men and women (under 18 years old), their views on relationships of love and marriage, and the role of other factors that affect their decisions to get married. Methods of ethnographic fieldwork, participatory observation and qualitative interviewing were used to explore some specific issues, such as the community's concept of 'child', 'adulthood'/'maturity', 'marriage' – as well as their perceptions of

8 Tan Lac is the gateway between the Northwest region and Hanoi. It borders Cao Phong district to the east;, Da Bac district to the north;, Mai Chau district to the west;, and Lac Son district and Thanh Hoa province to the south and southwest. The terrain of Tan Lac makes it a strategic military area. Tan Lac district has 23 communes: Quyet Chien, Nam Son, Bac Son, Ngo Luong, Lung Van, Ngoi Hoa, Trung Hoa, Phu Vinh, Phu Cuong, Quy Hau, Man Duc, Thanh Hoi, Tu Ne, Dong Lai, Ngoc My, Phong Phu, My Hoa, Dich Giao, Tuan Lo, Quy My, Lo Son, Do Nhan, Gia Mo, and Muong Khen town. The district is lower in the southeast and divided into three regions. T: The upland region consists of five communes: Quyet Chien, Ngo Luong, Nam Son, Bac Son, and Lung Van. This region has many steep mountains and narrow valleys. The middle region consists of four communes: Ngoi Hoa, Phu Cuong, Phu Vinh, and Trung Hoa, with hills and mountains mixed with streams and flats. The lowland comprises the remaining 14 communes and Muong Khen town, which are mostly made up of plains and low hills. This is the main granary of Tan Lac. 9 Data from Report No. 58/BC-UBND on 9/12/2016 of People's Committee of Phu Cuong Commune.

17 marriageable ages, the role of the sexes in decision-making, and the meaning of marriage in traditional customs and in modern society. Interview methods and sampling techniques Applying an anthropological approach, the team selected the method of qualitative interviewing, specifically the semi-structured interview, to obtain sufficient, necessary data while still being able to collect new information. The interview guide was based on the literature review and practical experience of the research team from the baseline survey on the child marriage of the Hmong ethnic group in Ha Giang province, Dao people in Lai Chau province, and Bru Van Kieu people in Quang Tri province for Plan Vietnam in August and September, 2016. In this study, there are four main groups of interview participants: (1) Adolescents (aged 13 to 30) who got married before 18 years old, (2) parents of early married couples, (3) the shaman/matchmaker, village patriarch/elderly who are respected in the locality, and (4) local government officials. Each group has a corresponding interview guideline that is specifically designed in accordance with the topics and perspectives that needed to be explored. We grouped and determined the sample size of each group based on priority, as shown in the table below: (3) Village (1) Adolescents (aged patriarch, (4) Local (2) Parents 13-30) shaman, government matchmaker officials Male Female Male Female 3 2

5-6 5-6 3 3

Total: 21-23 samples/province

Based on the research team's experience in conducting qualitative research in low-density residential areas, the total number of designed interviews can ensure data saturation. The table above provides the basis for sampling and interviewing in the chosen areas, but in the actual research, the number may differ depending on the process of collecting information at each field site. The study was conducted in four areas and divided into four phases: ● Phase 1 (November 2016): study the Hmong ethnic group in Yen Bai province. ● Phase 2 (December 2016): study the Bru Van Kieu ethnic group in Quang Tri province. ● Phase 3 (January 2017): study the Muong ethnic group in Hoa Binh province. ● Phase 4 (February 2017): study the Hmong ethnic group in Dien Bien province.

At each site, the research team exchanged information and discussed the implementation plan with local officials of the partner organizations of this study (Childfund, Plan and World Vision). They cooperated with the village heads to make a list of people who fit the sampling criteria of the above four groups for the designed

18 interview. People on this list were informed about the purpose of the study and were invited to participate in the interview process. When the team arrived at the sites, the researchers selected random people on the list, then the guide (village head) contacted the chosen ones and led the researchers to their homes. In cases where the initial list provided by the guide was not sufficient to conduct the random selection (as was the case in Yen Bai), or many people on the list were absent during the fieldwork (as was the case in Quang Tri and Dien Bien), the researchers would discuss directly with the guide to make a new list, or to select those who fit the criteria of the study and who were at home to conduct interviews. Besides, the researchers also used the "snow ball sampling" method, by asking those interviewed to introduce other people in the village who fit the sampling criteria. If the list of people whom we could approach and interview was barely enough (as was the case in Hoa Binh), the team would conduct interviews with all those on the list provided by the local informers. In both Hoa Binh and Yen Bai, the majority of interviews were conducted directly in the national language (Kinh language); only a few interviews with older women were conducted with the help of translators. While in Quang Tri and Dien Bien, about half of the interviews required translation. Translators were chosen by local informers based on the criteria that the research team had requested before arrival. The criteria for translators were as follows: be in the same ethnic group with the target group in the area, between 18-30 years old, able to communicate fluently in the national language, and be currently living in another commune within the same district as the commune being studied. At each site, two translators joined the research team, preferably female translators, as most of the participants needing translators were female. However, in Dien Bien, due to transportation difficulties, there were only two male translators and they were also responsible for taking the researchers into the village by motorbike. Therefore, in order to avoid embarrassing the women interviewed regarding the questions of love, marriage and reproductive health, the researchers sought help with translation from young women in the village who were fluent in the national language. After each field visit, the team conducted a discussion meeting and summed up the findings to adjust the reporting framework and add questions to the interview guide.

I.6 Research ethics Among those interviewed, there were children under the age of 18, so iSEE research team submitted the study design, outline, and tools to the Ethics Committee in Biomedical Research of the University of Public Health for approval. This study received the Ethics Committee's written approval on October 31, 2016, prior to the beginning of the first field trip. Before going to the site, the team had also received training in child protection and signed commitments related to child protection required by partner organizations with local offices. When talking to people who were on the list, we fully informed them about the content and purpose of the study, confirmed their consent to participate in the interview and asked for their permission to record the conversation. For children under the age of 18, we sought their consent, as well as the consent of their guardians' (spouse (if over 18), parents or parents-in-law) prior to the interview. In these cases, they would be invited to sign a consent form (see the sample in the Appendix).

19 All interviews were recorded with the consent of the participants. The recordings were then sent to a transcription team on condition that they follow ethical principles, such as not sharing the materials with any third party and removing all the materials related to the study after finishing the job and terminating the contract. Information about the identity and whereabouts of the interview participants mentioned in this study has been changed and made anonymous so as to ensure the confidentiality of information provided by informants.

I.7 Difficulties and limitations of the study The biggest difficulty of the study was the hesitation of both the people of study and of local authorities regarding the topic of child marriage. The Penal Code, the Marriage and Family Law of Viet Nam and many other Government Decrees provide that the minimum marriage age is 18 years for women, and 20 years for men. Those who violate the regulations of the State will be subject to administrative sanctions, and even criminal liability. Therefore, child marriage has become a sensitive topic in discussion at field sites. Local governments’ concerns that information related to child marriage might be leaked out and affect local image has made it difficult for outsiders to get access to the area and its people. From the community's perspective, people were more or less aware of the propaganda campaigns prohibiting child marriage and of its general sensitivity. In order to avoid revealing the early marriage of themselves or of children in the family, and/or to continue to have local officials turn a blind eye, many respondents appeared hesitant, refused to answer, or even gave false answers when asked about this issue. Another difficulty came from the characteristics of field sites. Most of the sites selected for this study are located near the border, so it was difficult for the research team to reach households far away from the center of the village. We were also not encouraged to approach Catholic or Protestant households. There were places considered politically sensitive, so from the very first day, the research team was accompanied to interviews by police, and certain interview participants were even hindered from answering our questions. The person in charge of finding interview subjects and leading the way only allowed the researchers to meet and interview those they had contacted and scheduled in advance, with exactly the number of samples as originally planned. We could not find other people to ask for more information. Thus, the information obtained may be representative of the views of only a small number of locals who were interviewed, and those views may somehow have gone through the "authority filter." On the other hand, an anthropological method often requires participatory observation and long-term experience with the local community, but because of the short time that the research team spent in each locality with different ethnic groups, this should only be viewed as an anthropological perspective/approach, rather than an actual anthropological study. Furthermore, we are aware that analyzing and grouping ethnic minorities that have different historical, geographical, ecological and societal contexts in one report is a great challenge because of the necessity to generalize and simplify the reality of life, which is much more complex. In addition, language barriers are also a constraint that makes it difficult for researchers to collect information, as the translation sometimes cannot convey the implications of both the respondents and inquirers. It becomes possible that the information has been

20 refracted through the translator's lens. These limitations may have some impact on the quality of the report.

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CHAPTER 2. THE REALITY OF CHILD MARRIAGE AT THE FIELD SITES

 Traditional marriage practices of ethnic minorities are very diverse, from the way of courting and looking for lovers of the Muong, Hmong and Van Kieu, to marriage-related customs. For example: the di sim, bỏ của of the Van Kieu; the courting and of the bride ("wife- pulling”) by the Hmong; and "husband-catching" of the Muong people. These practices create support mechanisms for adolescents to find life partners.  When children made their decision to get married, their parents respected it or were forced to agree for fear that the children would feel frustrated and do foolish things. However, girls were affected by their boyfriend's decision to get married.  Their experiences of marriage were relatively diverse, but girls often felt that their married life was tough, disadvantageous and even violent, while boys were quite satisfied with their married life.  They were less aware of the direct consequences of child marriage, arguing that the difficulties were due to the government's policy of banning child marriage.

2.1 Stories from field sites Bi's story (born in 1999) (Muong, Tan Lac, Hoa Binh) At the time of the interview, Bi was going to turn 18 years old in a few months. She had been married for half a year and was eighth month pregnant with a baby girl. She used to live with her parents and sister. Her husband was in the same neighborhood so after getting married Bi moved into her husband's home, which was still close to her parents. After giving birth to the baby, the couple would move back to her parents' home because, according to Muong's custom, if there are only daughters in the family, a family has the right to "catch" the son-in-law. The couple arranged a small engagement ceremony. When they were preparing for the wedding and planning to invite their relatives, friends and neighbors, someone from the commune came to announce that their marriage was not permitted because they were underage. Because they went ahead and held the engagement ceremony, the local government fined each family one million VND. If they continued to organize a big wedding, the fine could be up to 10 million VND each. According to Bi, it was not until recently that the commune became that harsh; two years ago, there were still many couples getting married without any obstacles. Both families had to postpone the wedding, and the couple had not been officially recognized as "husband and wife." At the time of the engagement ceremony, Bi had been pregnant for more than two months despite taking oral contraceptives when she had sex with her husband. When informed about the news, her husband was neither

22 sad nor happy, but mainly worried and afraid that their families would not allow them to get married. During that difficult time, the couple often had to motivate themselves: "There are so many people in the commune like us; if they can do it, so can we. We don't have to worry about anything." Bi said that there were many of similar cases in the commune, in which girls got pregnant and gave birth at the age of fourteen or fifteen. Some got married and had children while they were still going to school. Some had acquaintances that helped them change their date of birth on their identity documents so they could get married. When asked about her expectations for her daughter in the future, Bi said that she wanted her daughter to go to college even though she herself did not want to go to college because it was costly, and because she could not travel far due to car-sickness. After giving birth to the baby, the couple would move to her parents' home. Her husband would continue to be a hired worker, and Bi would stay at home looking after her child and raising livestock as her hobby.

Hon's story (born in 1993) (Hmong, Phinh Giang, Dien Bien) Hon was born in 1997 and has been married since 2013. Her parents' home is very close to her place now, roughly 6km. Hon's parents loved their children dearly and worked hard so that all of their sons and daughters could go to school. Hon met her current husband on a trip; both developed feelings for each other and exchanged phone numbers. Hon's husband was three years older than her. At that time, he had finished 12th grade and was preparing for the university entrance exam. After dating for a while, Hon's husband received the news that he was selected by the province to go to college in Hanoi. He then proposed to her. When Hon decided to get married, she had only finished 9th grade. Hon loved and wanted to get married with her husband because she thought he was not only handsome but also did well at school. Hon's husband went to her house to ask for Hon's parents' permission to marry her, but both parents objected. Hon's parents knew that his father and brother had a second or third wife, so they were afraid that if married, their son-in-law might also marry other women and make their daughter unhappy. The couple begged and Hon's parents eventually concurred, agreeing to let their daughter marry on condition that his family had to let Hon go to high school. Approved by Hon's parents, the boy's family brought their , which included a pig and a dozen litres of , to the engagement ceremony, asked permission for the couple to be married, and organized a wedding. They then welcomed Hon into the groom's home. After getting married, Hon's husband did not keep his word, he wanted his wife to stay at home and not to go to school. Hon was angry at first, but then she listened to her husband. Twenty days after the wedding, Hon's husband went to Hanoi to study, leaving his young bride at home with his parents, brothers and grandfathers. Everyday, Hon did the housework and worked on the field with her parents-in-law and brother-in- law. Since she got along well with her husband's family, her life was not stressful. However, it was harder than when she lived with her parents because she had to work a lot and could not go out freely. Meanwhile, Hon said that her husband in Hanoi was free to go out and sometimes even flirted with other girls through text messages or Facebook. Each year, Hon's husband

23 visited home only on holidays and summer vacation. She felt lonely at times because her husband was not staying by her side, but on the other hand, Hon was happy with her current life, as she believed that many other young couples living close to each other had a lot of arguments. Hon said that the distance made them love each other even more, even though they sometimes argued over her husband's messages to other girls. After four years of marriage, they had a two-year-old son. Hon was waiting for her husband to finish his studies and come back home. Both families hoped to be able to get Hon's husband into a local government agency. Hon's parents were even determined to sell their cattle for two hundred million VND to get their son- in-law a job. Hon thought that if her husband got a job, they would have a bright, happy future.

Mua's story (born in 2001) (Hmong, Suoi Giang, Yen Bai) Mua had seven siblings. She went to school until the 9th grade, then dropped out. Her parents thought that even if she continued to go to school that she wouldn’t get a job, so they let her drop out. Since leaving school, she worked in the field with her parents, herded cattle and picked tea leaves. Both her older sister and brother were married early. Her sister went to her husband's house at the age of 16, while 19-year-old brother was married when he was in the 9th grade. His wife was only 14 at the time. After getting married, Mua's brother dropped out of school. His teachers encouraged him to finish 9th grade to graduate secondary school, but he did not want to. He said that he just wanted to get married and work on the field, not to go to school. One year ago, there was a man who liked Mua and wanted to make her his wife. Mua got on his bike, but he did not take her home, but to his home instead. Mua did not know what to do, just constantly saying: "No, I won't marry you, I don't even know you, I won't marry you." Because there were three men "pulling" her to his house, she could not escape. When she was dragged inside the house, his parents immediately saw her as their daughter- in-law. The next morning, they brought a pig and one million VND to Mua's family for the engagement ceremony. In the following days, his family told her to work in the field and go into the forest to collect firewood with them. She went along to find a chance to escape. After five or six days, she managed to run away when cutting grass on the field. It took her two hours walking on foot to get home. The boy's family went to her house to look for her. Mua's parents and brother thought that she should marry the boy because, "If a girl has already walked through the door of one's house, how can she not marry into that family? Even if she comes back home, people will say that she has already got married once, laugh at her, and will no longer like her." Mua did not follow her parents' will because she had no feelings for that person, so her family got angry and ignored her as if she were not at home. "Everyone got up, cooked and ate breakfast without calling me. They also went to work without telling me." Because Mua came back home, her parents had to return the bride price - including foods, drinks, and money - to the boy's family. His parents paid back the cash, but the wine and meat were already consumed. Her parents said, "You're the one who left their family, so you will have to pay for it by yourself." Things gradually went back to normal.

24

Lanh's story (born in 1997), (Van Kieu, Dak Rong, Quang Tri) Lanh was a young bride who got married to a man in San village three years ago. Lanh's parents had three children, and Lanh was the youngest. After Lanh's mother passed away, her father remarried and had another three children with her stepmother. Lanh met her husband through her friends. After texting and talking online, Lanh's husband went to her village to meet her, and then they started dating and going out (di sim). Since the 6th grade, Lanh had been living at her maternal grandmother's house, so whenever she went out she had to ask for her grandmother's permission. Each time they went out, Lanh's husband brought a group of boys to her village to meet other girls there. After six months, Lanh's husband proposed: "If possible, please stay at my house, I will pay you the bride price (bỏ của)". Lanh wanted to get married because since her two older sisters married, she felt uncomfortable living with her stepmother. When her husband proposed, Lanh had just finished the first semester of 9th grade. At that time, many friends around the same age, 14 or 15, had already married. She had the mentality that, "I want to be like them," and that knew she could not go to high school anyway due to her family's financial difficulty. Lanh eventually decided to drop out of school to marry. Although Lanh's teacher had admonished her to stay in school several times, she did not change her decision. The couple eventually decided to get married. At that time, Lanh was only 16 years old; her husband was 25 years old. After Lanh said yes, her husband gave her a silver chain as a guarantee, then his family went to her home to give her parents several million dongs to ask for their permission. After getting married, they lived together with his parents and his older brother's family. Lanh had a two-year-old daughter. Lanh told us that when her daughter was born, she was not allowed to get a birth certificate because the couple had not yet registered their marriage as she was underage. Lanh was still waiting for a son because, according to her, Van Kieu people preferred boys to girls. She wanted to give birth to a baby boy for her husband's family. Lanh said that, compared to other men, her husband loved and cared for her instead of partying, drinking or beating his wife and child. Despite their difficult economic conditions, the couple worked hard together to raise their child. Their relationship was peaceful, without any arguments or fights. Lanh was satisfied with her current life, and thought that she was a happy person. ***** The four stories of the young girls (whom we named Bi, Hon, Mua, Lanh) from Hmong, Muong and Van Kieu ethnicities partly illustrate the married life of girls who participated in this study. They are not necessarily "typical" stories, as each of the 40+ interviews of adolescents who were married as children demonstrate diverse and complex issues regarding the lives of those who married early. These will be covered throughout the report. To see a fuller picture of child marriage, this section will give an overview of some basics of marital practices, such as courtship, engagement and marriage ceremonies, as well as some post-wedding experiences of those who married early.

25 2.2 Practices leading to marriage 2.2.1 Looking for a spouse Courtship in each ethnic group has its own set of characteristics depending on local customs. There are many contexts in which men and women in communities can meet and develop feelings of love. They can meet at work, at school or outings, or at local festivals. Since there are only a few holidays each year, ethnic minorities have created their own practices so young men can find a suitable partner. For example, Phinh Giang Commune of Dien Bien does not have the fairgrounds, as in some neighboring areas. Festivals are therefore an opportunity for young men and women to go out and meet each other: "I used to go to festivals as well, such as on Tet holiday, where I would go out and visit other villages after asking my parents for permission,” (male, Hmong, aged 43); "They used to throw pao and sing to bond," (male, Hmong, aged 26). Young men born in the early '90s spoke about how Hmong men maintain the practice of finding spouses. Boys who are twelve or thirteen years old will begin to leave and visit other villages on journeys to find love. Men leave their homes to find spouses in other villages because Hmong villages in mountainous areas are not highly populated, with only about a dozen households in each village. These often are close blood relatives and from the same family lineage. Hmong people do not allow marriage between relatives, so finding lovers in other villages helps avoid and reduce inbreeding. This is a cultural practice of Hmong people that has long traditions and is still maintained today. Each trip to find love lasts about a week. Depending on the time of the year (leisure time after harvest or harvest time), they will go away one to four times a month. The boys will initially go to surrounding villages to date. They can go in the evening after having worked in the field, or early in the morning before going to work: "...in the old days, I went to work until four or half past four. Before going to the field, I prepared shoes and flashlights. Previously there were neither phones nor electric flashlights like now; we only had battery flashlights. I worked until four or half past four in the afternoon, and then went home to take a bath and go out in the evening. Otherwise, I would wake up at 2 a.m., go out with girls until half past five in the morning, then I would go back to work in the field with my parents. They would then prepare breakfast..." (male, Hmong, 26 years old, Phinh Giang). Young men can go alone or with a group of friends to ask girls out, talk to them and get to know each other. Usually boys will not go into the girl's house to ask for permission or let her parents know. They only make appointment and wait outside her house. In Hmong people's view, to prevent girls' parents from knowing they are dating is considered polite and respectful. "...The earlier generations were more secretive, maybe even if we had been with that girl for a while, her parents still knew nothing. Nowadays, people are very open-minded, they go straight into the girl's house to talk. I didn't dare to do such things in the past. If I did that, the girl's parents would think that I disregarded and thought lightly of them," (parent, Hmong, 43 years old). Before, there were no modern vehicles like motorbikes, so young men had to walk to look for lovers; sometimes it took a few days to travel to other villages. This practice is a feature and is associated with the men’s maturity, so the Hmong culture has developed many support mechanisms. When young men come to a village outside their community they will be welcomed by locals. Young men will also salute and report their presence and their intention to find a suitable partner to the head of the village. Then they can freely ask to stay at a house in the village as they please. If the

26 host agrees, they will eat, live and work together with family members: "I can stay for only one night, or for two or three days. During the day, I would follow the family around, doing what they do. If I sleep at their house at night, I would go out to flirt with girls in the evening, then go back to sleep. After two or three days, I would go home," (male, Hmong, 26 years old). In the process of living and working together, they will have the opportunity to go around the village and observe the girls there. From late night until dawn, young men can go out to approach and get to know the girls they like. This journey of courting and dating will end when the boy has found the girl whom he loves and wants to marry. Then he will go home to talk to his parents and prepare for the wedding. Depending on each person, this journey can last from two to seven years. Similarly, Van Kieu people in Da Krong (Quang Tri) also practice customs that allow young men the opportunity to find a girlfriend. It's called di sim, a tradition that has always been considered to be one of the peculiarities of the Paco-Van Kieu culture. For the Van Kieu, di sim is a common and necessary practice before leading to love and marriage. In the past, girls who were considered mature and grown up (around 13-15 years old) would not sleep at home but at a xu house (a communal house for girls). This enables boys to court them, leading to marriage. "Di sim is like going out and flirting with girls. It means that the boys will ask girls out, and if the girls agree, they will go out. Take it or leave it, that's how it is," (parent, Van Kieu, 53 years old, Da Krong). According to Van Kieu villagers, because their stilt houses are often quite cramped, there is no place for girls to sleep separately. Girls aged fourteen or fifteen will sleep at the house of a single, widowed or unmarried woman, which is convenient to live and to get to know boys. Guys aged sixteen and seventeen start to go to the communal house to di sim. Since everything in Xu house is managed by the oldest girl, any girls invited to go out with the boys must ask for the oldest girl's permission. On moonlit nights, boys in the village often gather in groups, go to the communal house to invite girls to go to the stream bank together and sing courtship songs to each other. After di sim, those who are compatible will make friends with each other. The boy will give the girl a souvenir such as a silver bracelet or a beaded necklace, and if the girl agrees to receive it, it is considered an engagement. The practice is still maintained today, although its form has changed. Boys still di sim to look for young girls to be their partners, not just in the village but also in many other villages that are far away. Van Kieu youth no longer know courtship songs; they mainly meet to talk to each other:"Di sim is not bad. It’s actually really good for getting to know each other. Di sim doesn't mean sleeping with each other like some say. If the girl doesn't like it, I can't do anything. If I touch her, I will be fined. I was fined a pig and a goat before,” (village official, 31 years old, Van Kieu, Da Krong). Nowadays, some families still send their daughters to sleep at their relatives’ or friends’ homes, but most daughters stay at home with their parents. When young men come to their home to di sim and get to know the girls, the parents often withdraw to let them feel natural. It is noteworthy that there are clear rules in the di sim tradition of Van Kieu people. For example, the boys have the right to get to know the girls, even late at night, without fear of being rejected by the family, but they are not allowed to force the girl to love them. If the girl likes two boys at the same time, they must give way to the one who came first. Previously, when girls lived together in the Xu house to di sim, they often went into the forest or huts to get to know each other. If they wanted, they could bring blankets to sleep together, but they must abstain from bringing mats and having sex before marriage. Nowadays, since most of the girls are still living with their parents,

27 the boys usually invite them out to "eat candy", "go to the stream, the town," and then go home to sleep at night.

Box1: Van Kieu youth custom of di sim

"I am the fourth son, there are eight children in my family. I got married when I was 19 years old and my wife was 17, so we couldn't register our marriage. I only finished the 6th grade because I was too dumb to learn anything. I didn’t like girls in my village. I was used to seeing them as my sisters, so I didn’t di sim in my village, giving way to boys from other places. Before, I used to di sim very often in all the far away places with my friends. After a while, if we weren't compatible, we would break up. The shortest amount of time was two weeks, while the longest was with my wife; I went out with her for six months. My wife's house was on the other side of the river. I used to ride my bike to zone 41, leave it there, then borrow my friend's boat to cross the river to go out on a date with her. When I went to my wife's house, I never saw my parents-in-law, because they avoided me. I only talked to my brother-in-law. I didn't tell my parents about di sim, but my younger brother, who often went with me, told them. When my parents asked him where and with whom I went out with, or what her parents' names were, he told everything. Afterwards, I took my wife home. My parents liked her. They said that if we were compatible, they would allow us to get married. I told my wife to quit school and marry me..." (Hinh, 23 years old)

"I got married at 16. My husband was the second person I met. The first one was my classmate. We went out with each other. I broke up after a month because I didn't like to be with someone from the same school, I was embarrassed and tired of being teased by my friends at school. The second one was my husband. I knew him because he did di sim in many villages. The boys invited each other to go to families who they knew had daughters. Many people came to my house at the same time. Back then, there were around three or four guys. They knocked at the door and told me to open it for them to go inside. I let them in. I didn't know what to say, I just kept smiling. Then one asked my number. After asking for my number, we would get to know each other. Sfter getting to know each other, we would become friends and only then would we start a relationship. We always sat down next to each other by the river bank. My husband wanted to sleep with me but I was scared, I didn't dare to because he hadn't paid me any bride price yet (bỏ của). My husband told me that, 'you have nothing to worry about because if you get pregnant, that's still my child, and you're still my wife'. I said no, if we wanted to sleep with each other, we could do that after moving in together. I was still living with my parents, so I was scared. After two months, he gave me the bride price and we got married," (Vieng, 19 years old).

28 In Tan Lac (Hoa Binh), many Muong boys and girls have known each other since they were young and live in the same village, or nearby. Before marriage, they often date each other for several months to a year. Most of the girls interviewed said that when they were dating, they usually did not have much private time together. Most of the time, it was their boyfriends who came to visit their houses or to walk around the neighborhood together. If they wanted to go farther, they had to go with their group of friends, but it would only be one day. Their parents also told the children to keep their guards up: "If I went somewhere without telling my parents, they would be really worried. If I slept over at my friend's house, I had to inform my parents. When we began flirting with each other, I would come home around 10. I wasn’t allowed to go out late at night," (female, 19 years old, Muong, Tan Lac). Another girl (16 years old, married) told us that her boyfriend joined the army in the first year of their relationship, so the two met only occasionally; most of the time they had to text via phones. Among the practices related to pre-marriage customs, "wife kidnapping/pulling" is a longstanding tradition of the Hmong. It also the most controversial. Decree No. 32/2002/ND-CP prescribing the application of The Law on Marriage and Family to ethnic minority people forbids the "wife kidnapping" custom of Hmong people. Some researchers argue that the essence of pulling wife is a humanitarian practice created for poor men to be able to get married since marriage was previously decided by the parents, and the engagement and wedding ceremonies were extremely costly. Interviews with Hmong people in both Dien Bien and Yen Bai have shown that when two people love each other, the man will choose a beautiful day to go "kidnap his wife," usually at night. The boy often does not inform the girl about his intention to "pull" her to be his wife, but only invites her to hang out. Boys think that they need to "pull" because girls are often shy and play hard to get, not following them home right away. In the past, they only pulled the girls by hand, but now there are motorbikes. If the boy lives far, he and his friends will pull the girl onto the motorcycle and take her to his home. He does not tell his parents about his intention to marry either. Usually, it is only when the son has brought his wife home that his parents know. After being taken to the boy's home, the girl will stay there for 3 days. After three days, the boy's family will bring the girl back to her home and arrange the engagement ceremony, then she will immediately move in with the boy's family. The wedding will take place after a few months, one year, or even two years - but it is just a formality. Usually, men play an active part and are the decision-makers in "wife kidnapping." The boy can ask his girlfriend to go out to "eat candies" and then bring her home. When "pulled" to the boy's home, she will share the same bed with his mother or sister and observe his family life. If the girl agrees to stay there, the boy will go to the girl's house to ask for permission to marry her. Girls can also refuse to get married by returning home within three days. If they have stayed there for the whole three days, they can barely escape as they are considered married. Even if they do not agree to marry they are still considered as having been married once, and people in the village will start whispering about that. During these three days of cohabitation, the girl can sleep with her lover. If she does not love him, she can also choose to share the same bed with a woman in the boy's family and sneak away the next morning. Traditionally, the boy would invite his brothers to accompany him to catch the girl he likes (even if they have never been in love). Today, there are couples who have been

29 dating before and the male asks for permission from the girl's parents to "kidnap” the wife. Some do not perform the "kidnapping" ritual. They only hold hands and walk to the boy's house to live there for three days before the engagement ceremony is held. Based on our experience with Hmong groups in different areas such as Dien Bien, Lao Cai, Ha Giang and Lai Chau, the understanding and practice of this custom varies widely in each locality. Hmong groups in Dien Bien Dong have their own way of perceiving and practicing the "wife pulling" custom. As the way it is called, there is inconsistency in the way the interview participants used different terms to refer to this practice: "wife pulling," "stealing wife," "kidnapping wife," "robbing wife," and "inviting home." This may be due to the difficulty of translating the Hmong language into Kinh language, but also partly because they used the expressions commonly used by Kinh people. In practice, there are positive cases called 'consensual wife-pulling' and negative cases called 'forced wife-pulling'. With consensual wife-pulling, after dating and falling in love, the couple would make a promise to have the girl pulled into her boyfriend's house. According to the explanation, Hmong women are rather timid so voluntarily following the man home is considered unlikely, which makes the pulling necessary to increase the value of the girl: "We called it ‘robbing’ back when we needed silver coins to get married. The girl's family used silver coins as a marriage challenge. At that time, the word ‘rob’ was the same as ‘pull’, but there were also differences. ‘Robbing’ was used when the parents did not approve the marriage, while the two may or may not be in love with each other, but the boy thought the girl was beautiful and wanted to make her his wife, whether she agreed or not. ‘Pulling’ meant that they had already known each other, but due to girls' psychology, there was no way but to hold her hands and drag her home. She would never suddenly say 'let's go home together', never would they do that, even now. Not until the guys hold their hands to pull them home do they begin to walk with their boyfriends. However much they like each other, they still want to be ‘pulled’ a little bit. ‘Robbing’ is different in the past, when two or three men had to carry her out of the village to bring her to the guy's home," (parent, Hmong, 43 years old, Phinh Giang, Dien Bien).

A previous study with Hmong people in Sapa provides different information: the boy's family would send his older or younger sister to share the same bed with the girl for three nights to chat and learn more about his family life (Hoang Cam & Nguyen Truong Giang 2013). In Suoi Giang, if the girl agreed, she could sleep with him straightaway. The boy explained that because the girl only knew him, not his sisters, so making her sleep and talk to his sisters or mother would make her nervous. The next morning, the boy's family would send a man (usually his uncle) to inform the girl's family so that they did not worry about looking for their daughter. After three days, a matchmaker and the boy's family would bring wine, meat and money (also known as "mother's milk money") to the girls' parents as a bride price. However, even with couples who have fallen in love, the girls are not always informed of their boyfriends' intention to pull. In most cases, the decision to marry comes from the boy. He may come to pull the girl alone, or have some other people accompanied without telling her in advance. In some cases, although the girl was not ready to marry the boy despite having feelings for him, yet she still got pulled and had to accept that: "Well, we knew each other. When I went home, he also went to my house

30 in the evening and asked me to marry him. I told him to wait until I reached the legal age, but he didn't agree and pulled me to his house. Because I loved him, I went with him," (female, Hmong, 19 years old, Suoi Giang, Yen Bai). On the other hand, there are also cases of coercion. In these cases, normally, the boy and girl are not in a relationship and the boy's feelings are usually one-sided. With the intention to pull the girl home, the guy will gather a group of men, usually his friends or relatives, to accompany him. The girl may react by screaming, crying, or struggling, but she is often unable to fight against them and will be dragged to the boy's home. If the girl does not agree, she can escape in the morning as if nothing has ever happened. But there are cases in which the girl escaped but was re-captured by the boy's family, or was not accepted by her parents because they worried that their daughter could not remarry someone else. The Hmong perceive that once the young girl has walked through the door, there will be 'family ghosts' or his family's ancestral spirits watching over and making her a member of that family. Although the girl can run away within three days, her biological parents may refuse to let her return home as they think of her as having been married. If the parents agree to take the girl home, they must make a ceremony to 'compensate for the boy's family's honor' with a pig and a few litres of wine. In poor families, even if the parents want to take their daughter home, they still do not have enough money to arrange the compensation ceremony for the boy's family, so the girl has to get married: "Once you have walked inside their house, you become their family's ghost, now that you want to return, there must be a ceremony. It's not simple at all," (parent, Hmong, 43 years old, Phinh Giang, Dien Bien). Even when the girls manage to escape, they still have the bear the notoriety of 'having been married once', and it is difficult for them to marry another. Therefore, previously, many girls agreed to marry the boy who pulled her home against her will. Some who did not want to get married against their own will attempted suicide: "If the girl doesn't like her husband, she will eat poisonous leaves. If she returns home, her parents would say that they didn't like her anymore as she had been married. Since she might be afraid of being told off by her parents, she would eat poisonous leaves to commit suicide," (male, Hmong, 26 years old, Phinh Giang).

31 Box2: Forced wife-pulling

P (21-years-old) got married at 15, while her husband was 17 at the time. P's husband did not go to school, while P was on 7th grade summer vacation. P's house was in Van Yen, about 80 km from Suoi Giang. She had two elder brothers and one elder sister. Her sister was "pulled" when she was in 9th grade, then she dropped out. Her eldest brother went to school until 5th grade, when he felt that he was no longer capable of studying he quit school. Her second brother did not go to school due to their family's financial difficulties. P's husband had a younger sister whose husband was in the same neighborhood as P, so they met each other. One time, he asked her to go out, then he and his friend pulled her onto his motorcycle to take her home. The couple slept together right on that day. After three days, his family brought 3 million and a pig to P's family for the engagement ceremony. P did not want to get married at that time as she thought she was still young, but when she came home on the engagement day, her parents said that because she had agreed to get on her husband's motorcycle, she must have been in love with him. Because they had already drunk the wine and slaughtered the pig, they advised P to return to her husband's house. P also cried because she did not want to marry, but as she truly loved her husband, she returned to his house. Their wedding was held nine months later. P told us that her husband was very good; wherever she went, he also went along also and did the same things as her".

M's eldest sister is now 20 years old. She is married and just gave birth to a child. When her sister was 16-years-old, she was pulled into her husband's family. Since she did not want to marry at that time, she kept crying while being pulled. Even after arriving at his house, she was still crying. Her husband's family did not allow her to return home. The next morning, they informed her parents that, "I have taken your daughter to be my wife, don't look for her. After three days, we will come back here for the engagement ceremony." On the engagement day, M's sister still kept crying. Her husband's family said that, "Now you have worshipped our family's ghosts, you are our child." Later, when she was at her husband's house, she still sneaked away. Her husband came to threaten her: "If you don't come back, I don't either. I will also stay at my wife's house with you. If you don't come back with me, I will commit suicide, I will drink and eat poison to die." Her parents convinced her that not only did her husband's family like her, but they were also nice and gentle, so she should try to live with them. Now that she has children, she is happy with her life.

Today, the way Hmong people perceive and practice the custom of "wife pulling" in Suoi Giang (Yen Bai) and Phinh Giang (Dien Bien) has changed, not only among the youth but also among the elderly. People still remember the tragic stories that happened in the past about forced wife-pulling, when the girls refused to marry the person they did not love by eating poisonous leaves to commit suicide. The number

32 of forced wife-pulling cases has therefore gradually reduced and now disappeared. Nowadays, the practice is often agreed upon by both parties. Simplification of marriage ceremonies has helped reduce organizational costs so the marriage challenge is no longer as heavy as before. Today it exists only a symbolic ritual. The financial pressure for marriage of Hmong men has been reduced, so the initial purpose of wife pulling no longer exists. Hmong men at different ages have shown a change in perception, indicating a significant change in the community's perception of this local custom.

Box3: "Consensual wife-pulling” of Hmong people today

"Now, everything has changed. If the children love each other, the girl will voluntarily go with her boyfriend. There's no longer pulling like before. Now, if they capture girls without their consent, it may lead to suicide, which is difficult to deal with. These days, if they love each other, they get married of their own free will," (male, Hmong, 55 years old, Dien Bien). "It's different now. If the couple flirt and fall in love with each other, they will simply go home together, bring something for the girl's parents to eat, and then they will allow their daughter to go to her husband's family... Only if they like each other will they get married," (female, Hmong, 25 years old, Yen Bai). "I think being married means that the two of us will come together to share a good future. In this modern age, it must depend on the couple, giving out signals and agreeing with each other. If forced, the girl will eat poisonous leaves to commit suicide, or if I don't like it but my parents still force me to get married, then I will commit suicide the next day. Humankind should not have such things, that is my perception," (male, Hmong, 21 years old, Dien Bien).

From the changes in perspective, the practice of wife pulling has gradually become symbolic or simplified by the fact that the boy goes to his girlfriend's house to ask for permission, and then takes the girl to his home: "They were dating, then he came to our house to ask for permission and went away,” (parent, female, 45 years old, Hmong, Phinh Giang, Dien Bien). Thus, the perception and practice of wife pulling of Hmong ethnic groups in Dien Bien Dong have changed. Cases of forced wife-pulling are rare nowadays because families care more about the rights and voices of young girls. Most of Hmong people in Suoi Giang, Yen Bai continue the wife-pulling practice, but with respect for the freedom of courtship. Parents are less likely to intervene in their children's marriage. Today, wife pulling is just a formal practice; in some cases, young people have absorbed the idea that this practice is backward, so they are no longer big fans of it.

2.2.2 The decision to Marry: The children’s subjectivity Many current discourses suggest that early marriage of ethnic minority children is often forced by their parents and families, and justified by backward customs. However, our research in all four areas has shown a completely different reality. In fact, the right to decide to marry among the Hmong people in Suoi Giang (Yen Bai) and Phinh Giang (Dien Bien); the Van Kieu people in Da Krong; and the Muong

33 people in Tan Lac now rests solely with the couples. Young people actively date and decide to marry. There are parents who have been consulted by the children beforehand. There are also cases where parents only find out about their daughter's decision to marry when the boy's family comes to announce that they have brought the girl home and have come to ask for approval. "He didn't tell us when he went out with the girl. Only when he wanted to marry her did he tell us. We wanted our daughter-in-law to be 18 years old while our son was 20, but he was only 18 at the time and she was 16. But if he liked her, as parents, we had no other choice but to follow his choice,” (a father, 47 years old, Van Kieu, Quang Tri). "Never did he ask me, only when she decided to marry did we find out. In our Hmong community, when we discovered, her husband had already taken her to his home. He informed us, 'your daughter has gotten married'; then we knew it. It's the same with boys. My son was going to school, then one day he came home with a girl. They were in love and planning to get married. He didn't even tell his dad. His dad told him not to marry, but when he brought the girl home he said, 'if you don't allow me to marry her, I will commit suicide'. Then we didn't know what to say,” (a mother, age unknown, Hmong, Yen Bai). "...some didn't approve the marriage, so the couple committed suicide together," (female, Hmong, 20 years old). Most parents nowadays have participated in workshops on the government's prohibition of child marriage. The capacity to grasp the information may vary, but everyone is now aware of the legal age of marriage prescribed by the state. Many parents object to their children getting married early for fear of being fined, or because they want their children to finish school to access new career opportunities, especially when investment in education has cost them a lot. Others do not want their children to marry early because they do not know how to make a living or look after children: "You see, girls who get married early must be at least 17 years old, boys must be 19 or 20. Only then do they know how to earn their living and to raise their children. If they marry too early they only live off their parents; they don't know how to earn money, to feed the pigs, to boil the water. They're too busy playing around," (a father, 38 years old, Hmong, Yen Bai). Parents, however, do not dare to strongly oppose for fear that their children may react in extreme ways, such as running away or committing suicide. Hmong people have the custom of arranging marriage with the family's friends when their children are still small. After growing up, however, if the couple are not in love and do not want to marry each other, the marriage can be cancelled. In the past, there were cases where parents forced their children to marry the person they had been engaged to: "In the past, usually it was the parents who made the decision, for example: 'I like the son of this man or that man; this man's daughter is hardworking and modest, so if you marry her, she can take care of me so you have to marry her' - it was imposed on us like that," (a father, 43 years old). Nowadays, there are almost no such cases in Phinh Giang (Dien Bien) and Suoi Giang (Yen Bai). The information provided from all interview participants show that arranged marriages no longer exist. Even when the parents have promised to give their children to another family, if the children do not like it, both families will not force them to marry. "Now everything is reversed, wherever the children go, the parents have to follow them. This is how it works now, it's

34 reversed. If they don't, their children will commit suicide or run away. There was such a case recently. The parents did not organize the marriage because their children were not old enough, then the couple ran away together and their parents had to persuade them to come back and arrange the wedding for them. What else could they do?" (a father, 43 years old, Mong, Dien Bien). In Phinh Giang (Dien Bien) and Suoi Giang (Yen Bai), there are cases where young people committed suicide by eating poisonous leaves because their parents disapproved of their marriage, which is quite common. "Our young Hmong people, even if they have grown up just a little bit, when they meet someone they like, they know nothing but fall in love; if their parents don't allow them, they will commit suicide." (49 year old male, Yen Bai). "According to the law, they must be eighteen years old to be able to marry, but if Hmong people don't approve the marriage then they will eat poisonous leaves. Leave them alone. If they like each other, let them get married," (male, 72 years old, Dien Bien). Among those interviewed who were married early in Quang Tri, most marriages were proposed and decided by the children. Only in Hinh's case, the parents prompted the marriage. Hinh got married at the age of 19, while his wife was 17 and in 10th grade: "I planned to wait until she finished high school, but my parents urged us. I didn't tell my parents about di sim, but my younger brother, who often went with me, told them. When my parents asked him where and with whom I went to di sim, or what her parents' names were. Because my wife's house was on the other side of the river, there was no route, so everyday I had to row the boat across the river, starting at 3-4 p.m. Crossing the river only took 3 minutes, but the water was so high that sometimes my boat drifted far away. My parents worried about the danger. They told me that if we were compatible, we could get married; if not, they wouldn’t allow me to keep the motorcycle. I was young, I needed the motorcycle to go around. So I told my wife to drop out of school to marry me." Van Kieu parents believe that they have to respect their children's decisions, and that, "Nowadays, parents have to follow their children's choice. Children make decisions on their own, and don’t do their parents' will. In the past, marriage was decided by parents,” (a father, 47 years old, Quang Tri). "Previously, parents often forced their children to get married. But now, even if I tell my son to continue his studies, he won't listen to me. If I tell him to get married, he won't listen either. At his age, he never listens to whatever I say. For example, I told him to consider carefully about getting married, and that our family wanted him to go to school; but he still dropped out and is now playing around. It's all up to him,” (a father, 41 years old, Quang Tri). In Tan Lac, Hoa Binh, among the 10 Muong girls who married early that we interviewed, one of them was going to school and did not want to get married, but her parents urged the couple to marry because they thought their love had matured. Another married at 15, her husband was 10 years older than her. Her parents did not want their daughter to get married yet as she was underage, but because her parents- in-law kept urging, she had to marry him. In all the other cases, the girls decided to get married by themselves. There is one couple who got pregnant before marriage, so they asked for their parents' permission to marry each other. They were confident that although being married and raising children was very hard, they could still manage it, "if others can do it, we can do it too," (female 18, Muong, Hoa Binh). It is not the tradition of Muong people that couples date and marry as they please. According to an official of

35 the commune's Women's Union, previously the childrens’ marriage was often suggested by their parents and the couple did not even know each other before marriage: "They would marry whomever their parents told them to marry without loving or knowing their husband's face.” Nowadays, young people are more independent in love, their parents can not interfere. “They have changed because of working far away from home. In the past, young people only lived around here and when their parents told them to marry someone, they did so. But now, if they don't like the one their parents chose, however hard their parents try to persuade them, they will not get married,” (a father, 35 years old, Hoa Binh). Although marriage is decided by the children themselves, girls are often more passive when making a marriage decision. The reasons girls to decide to marry are diverse: premarital pregnancy; fear of not being able to get married later on; finding a good guy whom they want to marry for fear of losing him to other girls; advice from friends in the same village; or the boy's willingness to stay with the girl's family after marriage; and more. According to Muong customs, in families with only daughters, one of the sons-in-law must stay with them after marriage. Men who stay at the wife's house are usually from families that have at least two sons, and the parents agree to let their son do that. The son-in-law will wholeheartedly care for his wife's family, including worshiping the dead. According to a sister (of an interviewee?) who recently got married at the age of 16, it is not easy to find a boyfriend who is willing to stay with his wife's family after marriage. Therefore, if a girl finds a boyfriend who agrees to stay with her family, both she and her family will want to organize a wedding immediately, even when the girl is still young. The primary reason in girls’ decision to marry (though they do not really want it) is usually because they love their boyfriends: "We liked each other, so we got married. We didn't need anyone to tell us to marry... I came here to live with him right away, and the next day, his family told my parents," (girl, 13 years old, Hmong, Dien Bien). "When I wanted to get married, my second eldest brother strongly objected. He said that if I wanted to marry, I had to wait two or three years more until I finished high school, but I didn't want to do that. I cried all day long. After crying the whole day, my brother said that if I truly wanted to, I could get married. So my husband came to pay my family the bride price," (female, 20 years old, Van Kieu, Quang Tri). Even in the most passive circumstances, girls still seemed to show their self- determination, for example in deciding to stay at their husband's house or to leave (in the Hmong's custom of wife-pulling). Even in cases of forced wife-pulling, Hmong girls either chose to marry and stay with their husbands, or decided to run away and firmly oppose the marriage. Such was Mua's story in Yen Bai: "When I came home, my parents weren't happy. They said that I had become the other family's ‘ghost,’ but I didn't go away. At first, my parents ignored me as if I wasn’t there, but I didn't care, I still went to work as usual." This demonstrates some of the self-determination of Hmong girls. In the Suoi Giang (Yen Bai) and Phinh Giang (Dien Bien), the reasons for girls’ decision to marry after being pulled to a boy’s house are quite complicated. In cases where the couple has been dating before, the pulling is only a formality because the girl has already made her decision; while in cases where the girl is pulled involuntarily, to make a decision, she struggles between her sense of self-value, individual rights, the moral obligation to her parents and the pressure of customs. Interviews in Suoi Giang show that there is wife-pulling (or wife-kidnapping) that is forced (without the girl's

36 consent). From the point of view of Hmong men here, wife-pulling is good for women because it enhances their status. For example if not they are not pulled, "when they get angry at each other, the husband will say, 'I didn't pull you, you went to my house on your own, I didn't force you to come here,’" (male, 56 years old). This is true when the girl also loves the boy and is ready to marry him. However, Hmong people here believe that if the girl runs away from the boy's home after being pulled, she is considered to have married once. Thus, her parents are unhappy to see their daughter come home after she has been pulled to another family. This comes from the love for their daughter; they worry that she will not be able to get married again because once she has been pulled across the door of another family, she is considered their "ghost." And when the boy keeps the girl from running away, making her stay at his house overnight, she is also considered to have been married. This also puts pressure on girls when they are not ready to marry.

2.2.3 Engagement and wedding ceremonies While in urban areas, where young people's primary priority is education, ‘love’ between those aged 14 and 15 is largely regarded as just a first crush, but it is different at the field sites. There, professions of love may come more quickly, but they are still considered seriously by couples and their parents and treated as the beginning of marriage. In-depth interviews show that men often take the initiative in marriage decisions. For both Muong, Mong and Van Kieu youth, the decision to choose a spouse is based on sensory criteria and on each individual's judgment. After di sim, for a while, if the Van Kieu boy meets a girl who is compatible, he will ask her to marry him. When the boy is shy and does not dare to actively di sim, he can find someone through matchmaking. When a Hmong man goes to the girl's village to get to know her better, if her relatives and friends say that the girl is good and suitable to be his wife, he will tell his parents. Muong boys are also the ones who ask for marriage. The boy's parents will ask about the girl whom their son wants to marry, and usually quickly approve the marriage. Therefore, the children's “talk” with their parents is more of an announcement than requesting their opinions. After telling his parents, the boy will talk to his girlfriend. Some girls reply immediately, others ask the opinions of their parents, relatives or friends. Hmong people strictly forbid marriage between those within the same family name, therefore it would be possible for a brother's child to marry his sister's child because the children do not have the same family name. Many men admitted that when they first approached girls they did not always know the girls' exact age. Boys often emphasized the importance of appearance and youthfulness, sometimes they decided to get married just because, "she was beautiful, so I liked her and married her," (male, 17 years old, Hmong, Dien Bien). Other times it was because the girl was mild-mannered, knew how to behave properly and do housework, "We lived close to each other in the same village. I thought she was nice, so I asked to marry her," (male, 27 years old, Muong, Hoa Binh). In Phinh Giang (Dien Bien), compared with the past, the engagement ceremony has become much more simple and less costly. Previously, boys had to prepare silver for the bride price if they wanted to get married. The requirements gradually became simpler; later the 's family only had to prepare a pig, ten litres of wine and 2 - 3 million VND. Starting about 10 years ago, they only need to prepare pork, wine,

37 and 500.000 VND to give the bride's parents. The bride's family will receive the gifts, then both families will make offerings to their ancestors. Some have suggested that because the cost of marriage has been reduced, the age of marriage has also lowered since it no longer takes men several years to accumulate money to get married, as before. Within one month after the engagement ceremony, a wedding will be held. The two families will the wedding separately and invite their relatives and neighbors. Commented [LS2]: Will do what? Choose a verb. Depending on the economic conditions of each family, the wedding may be large or small. If the family is poor, they will only slaughter a pig and invite their close relatives to come eat with them. Wealthy families may set up wedding stage backdrops and hold a massive banquet. Usually a week after the wedding, the couple will go back to greet and have dinner with the girl's family. In Suoi Giang (Yen Bai), three days after a proposal, an "engagement board" consisting of the matchmaker, the bridegroom's uncles, and best men (who are the bridegroom's brothers, sisters or relatives) will perform the important engagement ritual. The matchmaker - who is always a man, and who knows the engagement procedure and songs that involve rounds of questioning and answering - will ask if the boy and the girl agree to marry each other. If both agree, the engagement ceremony will be carried out. This procedure ensures that the marriage is completely voluntary on both sides. However, in fact, some Hmong girls said that the matchmaker did not ask for their opinions, but told them that, "You must really want to get married because you have followed him home." According to a matchmaker, his responsibility is to persuade both sides to agree to marry. "If the couple is difficult, for example, when the girl doesn't want to marry, I have to say some reasonable words over and over again until she agrees to follow her husband. If both sides have agreed, I don't have to say much. [...] If the girl doesn't want to marry, I will ask her what's wrong with her husband or with her parents-in-law. If their parents have approved the marriage, the couple will usually agree." (Hmong, 56 years old). He has matched many couples, including those that were legally underage. For the engagement ceremony, the boy's family will bring five litres of wine, 10 kg of meat and money to the girl's family. The money is called "mother's milk money," intended to pay the family for raising their daughter until she gets married. The amount of money may be several million VND, depending on each family. The bridegroom's family also give the matchmaker, as well as each of the bridesmaids and best men, several hundred thousand dongs. The matchmaker receives a higher amount of money than the bridesmaids and best men. After the engagement ceremony, the girl will live with the boy's family and Then the wedding date is decided by both families. It may be held after several months or even a year. If the girl does not go to the boy's house or comes back to her home after his family has given the bride price, she must pay it back. In Tan Lac (Hoa Binh), Muong youth interviewed said that they often dated each other for several months to one year. Within the couple, usually the boy proposes first. If his girlfriend says yes, they both ask for their parents' permission, and the boy's family asks a matchmaker to go to see the girl's family. Parents often respected and supported their children's decision: "My parents told me that once I have reached marriage age, if someone loves me, I can marry that person," (female, 20 years old). A Women's Union official (35 years) explained that when children fell in love with each other, parents often permitted them to get married to prevent premarital sex: "If they don't allow their children to marry while the two of them have already loved and stuck

38 to each other, they will be afraid that the couple might move in together before marriage, which would make the parents feel ashamed in front of their relatives and neighbors." For the Van Kieu people in Da Krong, after going out, if a couple likes each other and decides to get married, a cycle of obligatory rituals begins. At first, the boy will ask the girl's opinion. If she is willing to marry him, she will receive a gift as a promise of commitment. Previously, the gift might have been a silver bracelet, but these days it is usually a small, symbolic amount of money, ranging from 20 thousand to 100 thousand dongs. After the girl says yes, the boy will ask for the matchmaker's help and ask his parents to pay the bride price to the girl's family. Although boys and girls are free to get to know one another, their marriage still must go through the matchmaker. Only when both sides have confirmed their love for each other and agreed to get married in front of the matchmaker will they be allowed to pay the bride price. The amount of money is decided by the bride's family, or negotiated by both families. The bridegroom's family must give the bride's family a sum of money to prepare pigs, chickens and rice for the wedding, and to invite the villagers. As a rule, when the two families give and receive the bride price, there must also be a binding commitment in case one side breaks the engagement: "After we give them the bride price, if my son doesn't want to get married, we have to bear the consequences. If your daughter marries my son and then abandons him, the girl's family will have to pay twice as much," (a father, 41 years old). This commitment is usually valid for one to three years, depending on each family. Previously, the commitment was usually written down and witnessed, but now it is mostly done by word of mouth. On the wedding day, according to traditional customs of the Van Kieu, the bridegroom's family must bring a sword (representing the tool that creates wealth), a copper pot (symbolizing abundance and happiness), a beaded necklace (symbolizing cohesion) and a piece of silver to the bride's family. The ritual is still preserved, except that the piece of silver has been replaced by tens of thousands of VND. When the procession of the bridegroom's family is about to arrive, the bride will carry a bunch of wood and a water vase, and spread a mat in the lane to wait for them. The bridegroom's family will give the bride the sword, the copper pot and the money. She will give the objects to her parents and the money to the village patriarch. Then the village patriarch allows the bridegroom's family to go inside. In the house, the bride's mother puts a little water into the copper pot and puts it on the fire. When the water is boiling, she will thrust the sword down to the side of the copper pot; it is a ritual performed to ensure that the couple is now bonded and inseparable. A Van Kieu girl married at the age of 17 recalled: "After that ritual, my husband's family slept at my house for one night. The next morning, my father and the village patriarch brought the copper pot and sword to the communal house in the village to hold the wedding ceremony. He told me that once I had gone into that house, I couldn't look back because if I did, my husband would leave me. After going down from the communal house, I went straight to my husband's house. When I got there, in the lane outside, I washed my feet beside a stone with holy water, and when I stepped into the religious house, they told me that I was no longer a girl; I had become a woman," (female, 20 years old). After the marriage, Van Kieu people hold a second wedding known as lễ khơi. Traditionally, if they have not performed lễ khơi then certain relations are not allowed. Ehen the couple goes to the wives' house, they are not allowed to enter the house, nor

39 eat banana and pickled leeks. The cattle of the two families are also not allowed to graze in the same place. Only after lễ khơi has been performed is the girl officially out of her house and becomes the "ghost" of her husband's family. Families that have financial difficulties will postpone lễ khơi, but for the rest of their lives, there will always be a debt that they must pay: "Only death can stop us from doing it." A father (50 years old) explained: "Lễ khơi is organized twice if the bridegroom's family have not given enough money to the bride's family. If we don't have enough money, we can't afford the custom, then we will re-schedule it later. If we can afford it, we complete it at once. First, we give the bride price. Then we bring the daughter-in-law home; but if we don't have enough money to organize lễ khơi, it will be scheduled for the next year or several years later. The ceremony must be done to complete the custom, just like in the lowlands; if people haven't made offerings at the altar, they can't go inside," (a father, 50 years old, Van Kieu). In marriage ceremonies of the Van Kieu people in Da Krong nowadays, well-off families will celebrate lễ khơi by giving the girl's family a sum of money, which will be distributed among her relatives (among whom her uncle is the most important person), as well as another bride price money and wedding expenses. Families that are wealthy, or are Protestants in the village, will also write modern wedding invitations in addition to traditional rituals.

Box4: Marriage practices of Van Kieu people (Da Krong)

"When we were in love, I proposed first and gave her twenty thousand dongs. I told her that it was to show that we loved each other, and that from then on she was mine, and I was hers; we were inseparable. If I left her, I would be guilty. Afterwards, I went with four or five people to her house to give the bride price, including two million dongs in cash, four millions dongs for the pig, which was around 50 kg, 10 small chickens, and a pig head, which cost two hundred thousands dongs. It was 12 million dongs in total. My father apparently gave my wife's uncle one million dong, it was he who gave the money, not me. I only knew to bring my wife home. No one else knew, but him," (male, married at 19 years old). "After my husband gave me money as a guarantee, his family found a male matchmaker, and mine found a female one. There must be both of them. My husband's family asked me if I truly wanted to marry him, if I could love and take care of him, like a vow. I said yes. Next, they gave me the bride price money. I knew that his family was in difficult circumstances, so the amount of money wasn't large, only three million dongs. I later gave the matchmaker money. I also gave the bride price money to my father and the village elderly. That money was only passed through them, but then it was given back to me to buy little things like clothes. I bought whatever I liked. They said that after going to my in-laws' house, if they were difficult, I should have some money so that if they didn't give me any money, I could use my own to buy soap and shampoo or something," (female, married at 16 years old).

40 "When our son got married, it cost us a lot of bride price money. It was 15 million dongs in total - five million for the custom of lễ khơi, and ten million as bride price. Because we organized a wedding with invitation cards, it cost us 40 million. A traditional wedding is different from a wedding with invitation cards. If we do the latter, we have to rent a theater and prepare the cards, while in traditional we only need to invite villagers by word of mouth. My family is religious, so we must have wedding invitation cards and music for young people to dance. It was more decorated and luxurious,".(a father, 50 years old).

2.3. Marriage experience of couples who married early

Family life At the field sites of Quang Tri, Yen Bai and Dien Bien, the Van Kieu and Hmong girls had to go to their husbands' houses after marriage, becoming official members who take care of their husbands' families. In Hoa Binh, there are some cases in which a family only has daughters and so they have the right to "catch the son-in-law." This means that the boy will live at his wife's house, becoming the backbone of his wife's family. In San village, Da Krong commune, the young couple usually lives together for one to two years after marriage, then they will look to start their own homes, asking their relatives and friends to help them build a bamboo house. One village official said, "The land is rare now. In the past, anyone could ask for it, but now it is very difficult. The land here has been granted via certificates of land use rights. If there is no land, then you have to find somewhere near your place to build. Only the closest relatives will agree to give you the land you've asked for. It's hard to ask people whom you have no relations with, they won't give you anything," (male, 31 years old, Van Kieu). In families, the division of labor is based on normative assumptions about gender roles. Women contribute to the general work of the family and are responsible for housework and childcare. Meanwhile, men do not have to do much housework and mainly work on the field, grow cassava or become hired workers. The notion that doing housework, and taking care of the husband's family and the children are responsibilities of the wife has become implicit and natural for both sexes. In Tan Lac, Hoa Binh there are many opportunities to earn money because it is not far from Hanoi and so women are expected to contribute to the family's income. Girls who are married and take care of their children hope that when their children grow up, they will leave them to the grandparents, while they go to work to earn money. One girl said that it was the current trend among young people in Phu Cuong: "Everyone whose children have grown up will leave them in the care of their grandparents, so that the married couple can to go to work. My seniors are all like that... When they don't have to plant crops or grow maize, they go to work in Hanoi, and only come back when it's time to grow rice and maize. After that, they go away again," (female, Muong, 20 years old).

Box5: The concepts of a good wife and husband

"A good wife is someone who cleans the house, cooks for her husband, and works in the field," (female, 13 years old, Hmong, Dien Bien).

41 "A good man does not beat his wife and children, does not go out with other girls, and does not drink alcohol and play cards," (female, 17 years old, Hmong, Dien Bien). "A good husband is someone who loves and helps me..., who neither drinks alcohol nor goes out. That's good enough," (female, 17 years old, Hmong, Dien Bien). "I have a wife, so I think a good wife is like this: if there are guests in our house, she takes care of the guests more than I do; regardless of which meal we're having, if there's anything lacking, she would add it. And she's also good at housework and childcare. That's a good wife," (male 26 years old, Hmong, Dien Bien). "She's must be hardworking and gentle to serve the parents, brothers and sisters. Hmong daughter-in-law must wake up early to cook. The first criterion is hardworking. That's the most important thing, being a little bit ugly is still okay, but if it's someone who is pretty but lazy, we're done," (a father, 43 years old, Hmong, Dien Bien ). "A good husband doesn't beat his wife and children. He talks to them often, has the responsibility of a husband and lives in the way he sees others are living. That's a good husband... He must stay at home, not going out to commit adultery, by which I mean that a good husband is faithful to his wife," (female, 17 years old, Dien Bien). "Girls who don't go out late at night, who are respectful and gentle are considered good... Boys who neither drink nor fight, who are positive and gentle with others at work are good sons-in-law," (a mother, 37 years old, Muong, Hoa Binh). "Good women are capable and know a lot about how to care for their husbands and children... [A good man]... cares for his wife, and loves his wife and his children," (female, 16 years old, Muong, Hoa Binh).

After marriage, during the first period, the young couple will live with the boy's parents until they can move out. Marriage is considered an event that marks the adulthood of the young couple, so usually the parents will give them land and means of production (buffalos, breeds, etc.) so that they can work separately. Although they live in the same house with the whole family, the production and the fruits of labor are separated. Spending is therefore clearly defined: "If something is ours, we can decide to sell it and I will keep the money. If it's our parents', our parents will decide to sell it or not and keep the money," (female, 17 years old, Dien Bien). There are cases where the husband and wife do not have experience in earning money, so they work together with their parents. A Van Kieu a father said that compared to the past, now the wife has a voice and has become less dependent on her husband. "In the past, my wife listened to me all the time, but now my son and daughter- in-law are different. Now the husband listens to his wife, and vice versa. It's not necessary that the wife must listen to her husband. Previously, wives were afraid of their husbands and didn't dare to say a word. Now they're always talking back. If the husband spends a lot of money, the wife will complain, so the couple starts arguing with each other," (a father, 46 years old, Quang Tri).

42 There are differences in each ethnicity’s approach to sex life after marriage. According to the custom of Muong people in Tan Lac, after marriage the couple are not allowed to sleep together yet - it takes a trial period. During that period, the two will live - sometimes at the wife's house, other times at the husband's - to help both families, but they will not have shared a bed yet. Only when the husband or the wife's parents have chosen a good day and given permission, can they sleep together. One or two months after giving birth, the woman moves back to her husband's house and lives there permanently (if the husband does not have to stay with his wife's family). Before, the trial period lasted one to three years, then it was shortened to two, three months, and now it lasts only three days. "Even if you have been married, they still don't allow you to sleep with each other. I had to wait several years until I was allowed to sleep with my wife. This is a challenge to see whether you're enthusiastic or not; if you don't know how to make a living, people will not allow you to do anything,." (male, 60 years old, Muong shaman, Hoa Binh). “For example, when staying at my wife's house, I had to sleep in the corner room outside. My wife also had to sleep in a separate room when she stayed at my house. We were never allowed to sleep together," (male, 52 year old, village head, Hoa Binh). "I got married when I was 15 years old. I knew nothing. At night, my mother- in-law told me to share the same bed with her, so I did as she said until she finally allowed me to sleep with my husband," (female, 35 years old, Muong, Hoa Binh). Women interviewed did not know why Muong people have such a custom. Some men believed that this custom originated from the past when marriage was arranged by the parents, so it took time after marriage for the couple to get to know each other, to see if they were compatible, and to guarantee "the purity and uprightness of both the wife and husband, which meant not living together when their parents had not permitted it yet," (male, 37 years old) On the one hand, this custom gives the time to get used to married life. The bride does not have to say farewell to her parents and leave for her husband's house right away, but she can split the time spent with both families. At the same time, the husband must also be responsible for his wife's family, and must spend time living with them and helping them. Especially in families that have only daughters, one of the sons-in-law will stay with the wife's family. These sons-in-law will wholeheartedly care for their wives' families, including ancestor worship. On the other hand, if the trial period lasted months to several years, as before, it would weaken the couple's relationship. A Women's Union official (35 years old) said that in her generation, many people did not have children after marriage because they had less sex, "somedays we would sleep with each other, but then we would go back to sleep at our own houses." This lack of a bond made the number of divorces higher during that time than nowadays. Although the trial period has now been reduced to just three days, and many newlyweds live together right after marriage, the ban on child marriage has lengthened the trial period for some couples. Afraid of being fined for underage marriage, some couples and their families only organized a simple engagement ceremony and then everybody went home. Only in some cases would they go to the

43 other house to help their family in-law and sleep with each other, which is similar to the trial period customs of Muong people after marriage. It can be said that the lack of bond in the first phase of marriage in Muong customs is one factor making it possible for couples to get together despite being underage: their spousal relationship is not legally binding, but is partly legitimized by the trial period. It also makes it difficult for the government to prevent young men and women from living together as spouses despite being forbidden to marry.

Feelings about married life The marriage experiences of young couples vary; not every couple is happy, and the experiences are not the same for wives and husbands. T (17 years old) is one of the few boys who had married and was under 18 at the time of the interview. He had been married for just a month. He dropped out of school after 7th grade because he could not learn well. He then stayed at home to work on the field and went looking for a wife. Although he knew that he was too young to get married, he still wanted to do it. He said he was even happier about the decision after marriage as now his wife did all the housework, and he could work outside. Một phụ huy nam người Mường (Hoà Bình) nhận xét: "Since he was married, he settled down economically and has taken care of his parents, wife and children," (a father, Muong, Hoa Binh). For men in a patriarchal culture, getting married does not only mean having another person to live and work with, but it also symbolizes a maturation of their masculinity, making them the "grown up," the responsible family head, in the eyes of both their family and the community around them. Thus, the stories of young men who married early show that they tend to feel happier than before, and are satisfied with their married life. "The biggest change since I got married is that I have started to care about my family, and to worry. I'm worried about not being able to take care of my family properly and about earning enough money. Anyone who is married will try to make a living. But after having children, I feel that life is meaningful, and I'm very happy," (male, 23 years old, Van Kieu, Quang Tri). "After getting married, I feel different. If I'm able to earn money or buy enough rice to eat while my parents can't, I will share with them. They also want me to be like this," (male, 20 years old, Van Kieu, Quang Tri). "I'm happy when my wife is with me, and sad when she's not. I'm happy having her by my side," (male, 31 years old, Hmong, Yen Bai). "Getting married is definitely different [from dating], but I'm even happier after marriage since we love each other more," (male, 17 years old, Dien Bien).

Meanwhile, girls' feelings depend more on their relationship with their husband's family, as well as how the husband behaves. Those who are loved by their husband and his family are generally satisfied with married life: "Before I got married, I actually didn't want to. I only wished to have a family, and to be loved by my mother-in-law and brothers, and sisters-in-law. I also hoped that my future family would be better off, but if not, just a happy one would be enough. Now I am married. Although my family is poor, I'm still satisfied because my mother- in-law loves me. For example, I can't use the five-thousand-dong sanitary pad, only the fifteen-thousand-dong type is usable for me. Our family is poor, but we have to spend

44 thirty thousand dongs on that stuff each month. My mother-in-law has a daughter. She said that her daughter only spent ten thousand dongs on sanitary pads, while I was different; I couldn't use any other types but the expensive ones. She told me to use the type that I liked. If we can't pay for it, we have to owe money. My mother-in-law understands and loves me as if I were her own daughter," (female, 20 years old, Da Krong). In many cases - either because the husband lived with his wife's family, or because both of them were underage and did not live together right away - the girls’ lives did not change much after marriage. While their husbands went to work far away, they still lived with their parents, who kept the couple's money, decided how to spend it and managed family matters. They admitted that marriage made them "more tired" and they felt a loss of freedom: "Now that I've got a husband, I have to listen to him. I can't go out and be as free as when I was still single..." (female, 19 years old, Muong). Others still felt satisfied with their current lives in both spiritual and economic terms. When Van Kieu first come to live with their husbands' families, they are expected to be hard-working, reserved and to know how to behave: "When a daughter-in-law lives with her husband's family, there are spaces where she is not allowed to pass or to sit down, such as her father-in-law's sleeping place. Based on our customs, she must have proper manners. She still can go out as usual, but she has to ask for permission. She eats together with the whole family, but there are places in the house that she's not allowed to sit," (a father, Van Kieu). A Van Kieu girl (20 years old) said that she wanted to work for a company, but her husband's family only agreed if both of them worked together, because if they didn't, there would be rumors: "They said that girls going to work might do wrong things outside. "Since both my husband and I made this decision, they agreed. If it was only me, they would never allow it." Similarly, in Tan Lac (Hoa Binh), the majority of early- married women interviewees said that their lives became busy and they lost some freedom after marriage. A female official (35 years old) told us that she got married at 15 years old and remembered how "boring" life was after marriage: "When I was still single, there were many young men who came to find me; once I got married, no one dared to pursue me. When I wasn’t married yet, men always took me out; after I married my husband, no one did that to me anymore."

Box 6: Girls' feelings after marriage "I like my current life because my husband loves and cares for me," (female, 15 years old, Muong, Hoa Binh). "After having two sons, I'm very happy. Now I only want my two children to grow up quickly... When my husband returns home, our family will become happier because we will have one more member... When he goes to work, I feel that our family is better off," (female, 20 years old, Muong, Hoa Binh). "I think that after marriage, everything is different from when I lived with my mom, so I feel a little bit sad. Living with my family, I could do whatever I wanted. But after getting married, I couldn't; I had to listen to my husband and his family," (female, 17 years old, Hmong, Yen Bai).

45 "Now that I'm married, my husband doesn't let me go out; I have to be where he is," (female, 17 years old, Hmong, Dien Bien). "I'm forbidden from talking to other men by my jealous husband... Hmong women are afraid of their husbands. If my husband knows that I go out, he will beat me," (female, 20 years old, Hmong, Dien Bien). "Getting married makes life harder than before. When I lived with my parents, I could go to school and go out. After marrying my husband, I had to work all the time. I'm not allowed to live with my parents, or to talk back. Before, if my parents said something that I didn't understand, I could ask and talk back to them. But now I'm married, I can't talk back to my husband's family. I have to do whatever they tell me to," (female, 21 years old, Hmong, Yen Bai). "My husband is nice and caring, but his family is cruel. Because I argued with my father-in-law, my husband's brothers beat me until I miscarried. I cried everyday," (female, 20 years old, Van Kieu, Quang Tri). "We quarrel a lot. If we had a marriage certificate, we could go to the commune People's Committee to solve the issue based on laws. But because we don't have the marriage certificate, even if we get into an argument with each other, they can't solve it for us, so there's no other choice but to make up and get back together," (female, 17 years old, Phinh Giang).

In Phinh Giang (Dien Bien) and Suoi Giang (Yen Bai), Hmong girls complained that after marriage, they had to work much more than before, day and night without a break. Even when they were pregnant, they still had to work a lot until the delivery. Afterwards, they stayed at home for a month and then went back to work. The imbalance in the division of labor and status in the family makes many girls feel tense and disillusioned with married life. In some cases, Hmong girls felt lonely because they were not understood by and did not receive help from their husbands' families. They also felt sadness at seeing their husbands play around freely, which lead to conflicts and even suicide. "Arguing is cursing at each other when you can't deal with the other person. You can if you stay calm; but if you can't stay calm and also can’t get a divorce, she will commit suicide by eating poisonous leaves," (male, Hmong, 24 years old, Phinh Giang). Quite a lot of girls talked about conflicts with their parents-in-law, arguments with their husbands, jealousy and suspicions of adultery. Some girls felt stuck in their married life because of domestic violence and/or their husband's affairs. Xa is a Muong girl (Tan Lac, Hoa Binh) who got married at 16 after a year of dating. She expressed her frustration with her current situation: "I sold goods with my parents. He came and asked my number, then we fell in love and got married. At the beginning of our marriage, he pampered me, but then he stopped loving me. When he returned from work, he would look at my phone and get angry with me. Since we had children, he's been constantly texting other girls. He locked his phone with a password so that I can't read his messages.” In the relationship with her husband, Xa has no voice "He's never apologized me. I'm the only one who has to say sorry when I'm wrong." Especially in San village (Da Krong), violence against Van Kieu women is very serious. Son's story is one example. After dating with her boyfriend for four months, Son asked him to get married, as she saw that all her peers had been married. She was afraid that if she waited there would be no one else to marry due to her illiteracy (her

46 family was poor and the son was given priority to go to school), and her family’s difficult circumstances. She was not happy after the marriage because her husband often spent money on playing games and lotto. Recently, Son's husband committed adultery with a divorced girl who had two kids in another village. When he came home, he abused his wife and threatened to leave her. He beat her once, but she did not dare tell anyone because no one in the village intervenes in domestic violence. She was afraid that if she told someone, she would be beaten even more. She still had feelings for her husband and hoped to save their relationship, so she did not return to her parents' home. There are also conflicts that are not between spouses but rather between the girls and their parents-in-law. Diep is a Van Kieu girl who got married at 16 with someone who was 10 years older through matchmaking. Due to conflicts with her father-in-law, she was almost beaten to death by her husband's brothers. She miscarried and had to stay in the hospital for a month. "I had to go to work the whole day, so I asked my father-in-law to look after my child, but he didn't. He drank alcohol. My kid was only two-and-a-half years old, but he left him wander around alone three times. He even let my kid play near the stream and touch the water. The villagers told me. The third time, I asked him why he left his grandchild unattended like that, and told him that I would have to stay at home to look after my child if he continued to do so. Then my husband's brothers said that I was naughty; my sister-in-law also told them to beat me. They chased after me with a knife, trying to stab and strangle me. The villagers rescued me, saying that men couldn't beat women terribly like that. My husband was also strangled. I was beaten so much that I fainted and miscarried; I had to stay in the hospital for three months. I couldn't utter a word. Now, I have a heart valve disease. I have left my kid at my parents' home for two weeks now. My parents also cried for me, saying that I could stay at home, that they would take care of me. They told me not to return to my husband's house just for them to beat me again. But my husband cried and begged me to come back..." The unequal treatment of Van Kieu girls when they go to live at their husbands' homes, as explained by a village head, is partly due to the bride price custom. It makes the groom's family feel like they have "bought" the girl, and thus, she is marginalized and obliged to make contributions that are worthy of the money her husband's family has spent on her. The inequality is also caused by the notion that men do more "heavier" jobs than women. "In Van Kieu families, men have more rights than women. It is because men have to pay a bride price to marry their wives - which used to be silver bars - while it doesn't cost the bride's family a penny. It's like buying the girl. Men buy their wives. Now it's cheaper and converted into millions of cash. It's not buying the bride anymore, but women still have lower levels of status than men do because men are the family heads - they have the strength to go to work and do everything, while women can only work in the field...” That's why married girls wish to move out in order to take care of their little families by themselves, also to avoid conflicts with their parents-in-law. Although the marriage experience can be quite burdensome, almost no Van Kieu girl thought of divorce. As in Diep's case, although she was hospitalized for the whole month for being beaten, she did not think of divorce because, "older women in the village told me that my husband's brothers beat me but my husband loved me. I

47 loved my husband and child, so I came back. At his house, I cried everyday, but girls in my village told me to be tough..." Meanwhile, Muong girls seemed to be more willing to consider divorce. As in the story of Xa (Hoa Binh) above, married at the age of 16, she has registered the marriage after reaching the legal age, but is already considered getting a divorce. She said that the only reason she hesitated was because her husband wanted to raise their child. She did not want to be away from her children, but she also wouldn’t dare take her own child, partly because she thought she was too young and that she had to start a new life. Being angry about her husband's affairs, she also went online to get to know other people. She says she is now happy again because, "I've just found a guy on the internet. I've never met him but talked to him online often. I think he also likes me." There are quite a few divorces among Hmong people. According to Hmong people, there is a rule that if a couple wants to get divorced, the two families and respected people in the clan and village will adjudicate the matter. If the husband is wrong, he has to compensate his wife's family, and vice versa. If they get divorced, the one who is at fault will have to leave home with nothing: "If the husband leaves his wife, all the belongings in the family, including their children, will follow the wife; the husband will be left with nothing... If it's the wife's fault, she will leave home empty- handed... If both of them are at fault, the belongings will be split in half," (female, 17 years old, Hmong, Phinh Giang). Thus, married life for those who married early shows that generally, husbands are more respected than their wives and tend to oppress their wives' voices. In discussions, although the wife can give her opinions, the husband is the one who makes the final decision. If there are any disagreements or arguments, many husbands use violence to cement their voice and power. After getting married, girls only stay at home; they barely communicate with the outside world. Even when they want to visit their parents, girls have to ask for their husband's permission. Therefore, girls' friendships are often broken and they are less likely to create new social relationships after marriage. Almost all young women, once married, will have to abandon their studies because of the disapproval of their husbands and their families in-law.

2.4 The consequences of child marriage In the interview process we found that the ones who talked most often about the consequences of child marriage were health officials, as well as commune and village officials. In Quang Tri, according to the head of the health station at the field site, up to one third of Van Kieu women who delivered at the station were under 18, and their children were often small and malnourished. In Tan Lac, percieved consequences included: 15/16-year-olds still want to "play around" and do not know how to make a living (male, 33 years old, Muong); young men who get married early and go out often find it easy to get bored with their wives; women do not know how to take care of their children (Women's Union official, 35 years old); and "those who get married early trouble their parents: after they have children, the grandparents have to take care of both their children and grandchildren; the parents leave their kids to the grandparents to go to work," (village head, male, 37 years old, Tan Lac). According to a commune president, the consequences of child marriage include: being unable to register birth certificates for their children; causing trouble for the whole family due to poverty; and increased divorce: "Previously, there were people who married at 14 or 15 years old, but they hardly went out so there were few divorces. Now young men go out

48 to meet other people often, so they're more likely to leave their wives,” (36 years old, Van Kieu). Because of unexpected aspects of married life, many girls regretted marrying early. When asked whether they would choose to get married if they had a chance to do it again, most girls said they would not choose to get married early because they wanted to have opportunities to go to school or work, and play more. Diep (20 years old, Van Kieu) said that if she could marry over again, she would have done di sim rather than agree to marry someone she met through a matchmaker because di sim would have helped her understand her future husband's family before marriage. She would also choose to get married later so as to be less tired. Many girls said that if they had the chance to start over, they would not get married and have children, but go to work for a company to accumulate more money: "I should have gone to work, looked for jobs in companies, and waited until 20 or older to get married. Marrying early is exhausting because I have to care about many things,” (female, 29 years old, Tan Lac). Another girl said, "If I were able to start over, I would wish to study more and cook for soldiers," (female, 19 years old, Da Krong). Another said, "I would go to work to accumulate money for the future so that when I have children I wouldn't have to depend on my parents," (female, 35 years old, Tan Lac). However, unlike the commune officials and health workers, the results of interviews with people in general, and children in particular, show that they themselves are less aware of the difficulties or domestic violence that result from early marriages. Many Van Kieu girls thought that such harsh marriage life was just the life of married women in general, and that violence was not due to early marriage because there are also many women in the village who married at legal ages and were still beaten by drunk husbands. Despite many cases of domestic violence, only one couple has divorced in the whole Van Kieu village: "I've never seen anyone leaving his wife in this village. There is only one wife who divorced her husband. She was beautiful while he was old and ugly. He was around 35-40 years old, while his wife was only in her twenties. She went with him to Khe Sanh market, then said that they should part ways from there,” (male, 23 years old, Quang Tri). In other words, according to the girls, whether they got married sooner or later, they would still struggle and face domestic violence. Regarding propaganda that child marriage leads to stunting and malnutrition in children, many girls said that, in fact, there were no bad consequences on their children and that having children early would give them something to rely on when they get older. Some also pointed out that many couples who were legally old enough when they got married, still had small children: "that couple's child was only 1.8 kg at birth even though they were old enough," (Quang Tri). Therefore, giving birth to weak children is due to poverty and/or the physical condition of each individual, not marriage age. A small Hmong girl who married at age 15 (her husband was 10 years older and had married once before), said that although she was poor, ate only vegetables and rice, and weighed 40 kg when she got married, her child weighed 3.1 kg at birth: "I gave birth to a 3.1-kilogram baby in Tan Lac hospital. I stayed there for three days. I have a lot of milk. Now my child is 10 months old and very healthy. If she wants to eat rice, I will give her some. I have to breastfeed until she is 18 months old," (female, 16 years old, Muong, Hoa Binh). In Dien Bien, except for some cases where the mothers were taken to the commune health station because their babies did not turn into head down position, most of the deliveries were at home. Young girls gave birth with the help of their

49 relatives, such as their mother-in-law, sisters-in-law, or women who had experience in giving birth. Typically, pregnant women work up until they give birth, and they only rest for around a month after that. This way of living is thought to make labor easier. As the research team observed, both mothers and children in the village where the study was conducted were all in good health. Maybe because of their good health - and in despite of warnings that early marriage would harm the health of the child - they still approved of early marriage for themselves and their relatives. Thus, early married couples and their parents are less aware of the consequences of child marriage on their lives. It is noteworthy that they often see some of the bad consequences as a result of legal troubles. That is, married couples cannot register for their marriage certificates (in all four sites); their children’s births are not registered (Quang Tri); or the birth certificate only has the mother's name (Hoa Binh); or the authority's threat of punishment and criminal treatment (for having sex with minors) makes their lives more difficult. According to interviewees, their children face higher risks when there is no father's name on their birth certificate, and they also do not receive treatment regimes for children, etc. In sum, propaganda about the consequences of child marriage does not really affect young people's marriage decisions today; and if girls had more or different opportunities (especially job opportunities), they would have made a different decision.

* * *

Child marriage is an ongoing reality at the field sites. Their situations bring to light many complicated issues involved in child marriage, such as children dropping out to get married, premarital pregnancies, adultery, forced marriages, inability to apply for marriage registration and fines imposed by authorities. Interviews also show that although girls' marriage experiences were more often sad than happy, it is still a choice that many go for. Understanding their decision to marry would require deeper and more multifaceted explanations from cultural, economic and social perspectives, which we will cover in the next chapter.

50 CHAPTER 3. CHILD MARRIAGE: ECONOMICS, CULTURAL AND SOCIAL CAUSES o Child marriage can be attributed to many interconnected causes that are imbedded in economic, cultural and social contexts. The most fundamental causes of child marriage are patriarchal cultures and social structures in ethnic communities that result from: patriarchal values, the perceived close tie between love and marriage, and seeing marriage as a symbol of maturity. o Economic hardship, lack of recreational opportunities, lack of access to education and employment, and lack of sexual and reproductive health knowledge resulting in unintended pregnancies are factors influencing the decision to marry at a young age. Marriage has become a means to ensure livelihood security, personal security for the child, and to save face for the family. o The development of infrastructure like roads, telecommunications services, and the Internet are factors that facilitate children's social and dating lives.

3.1 To earn a living is "the philosophy of life:" Marriage for livelihood security All field sites face complex, multi-dimensional poverty with rates of approximately 70%. Due to economic hardship, families in these sites play the role of being the key production unit of the community, whether they are employed as manual workers like those in Da Krong (Quang Tri) and Tan Lac (Hoa Binh); live on subsistence agriculture like in Phinh Giang (Dien Bien); or participate in commodity economies like in Suoi Giang (Yen Bai). For many ethnic minorities, all jobs are for the purpose of "earning a living" in order to survive - from swidden farming and tea growing to working as manual laborers. "Hard work" is their philosophy of life, and the criterion by which they judge people and choose someone to marry. This therefore influences decisions to marry at a young age. In Phinh Giang (Dien Bien), Hmong people's household economy is mostly self-sufficient. Agricultural work, which is quite laborious and dependent on labor exchange (i.e. families help one another with farming tasks), also requires physical labor. Because most families in the village face economic hardship, children also have to work hard from an early age, resulting in rampant school dropout. Hmong people in Suoi Giang (Yen Bai) have become familiar with a commodity economy over the last ten years. Famous for its cultivation and processing of tea, Suoi Giang has an established brand name and a stable market. The average income of households in Suoi Giang is generally much higher than in Phinh Giang. While the Hmong people in Phinh Giang produce just enough to serve the needs of their family, the Hmong people in Suoi Giang, who are more business-minded, take their work more seriously: "In the past we didn't work for money, we worked just enough to earn a living, but now everyone has to work hard to earn money," (male, 36 years old). In Tan Lac (Hoa Binh), people's key livelihoods are farming (rice, sweet potato, cassava, sugar cane), and raising pigs and cows. Most households have a pigsty or a cattle barn 10-20 meters away from their stilt house. Although most households in Phu Cuong Commune live below the poverty line, several households have recently "escaped poverty" and no longer receive 135 Program benefits. Because of the commune's proximity to Hanoi, lots of its young people have left for Hanoi to work. In San village (Da Krong, Quang Tri), due to

51 exhausted agricultural land, people switched to growing cassava. According to a parent whose child got married at an early age, their life is difficult; growing cassava brings in enough money to buy rice but it causes soil degradation, while rice farming would not produce enough rice to eat. "We can earn 12 or 13 million VND a year from growing cassava. That amount of money can buy us rice for almost the whole year. Rice farming isn't enough," (male, 46 years old, Da Krong). It takes about nine or 10 months for cassava plants to grow until they are ready to be harvested, 12 months until they can be sold, and the income is quite low. The current wholesale price is under 1000 VND per kilo. People's main source of income from agriculture is decreasing. Their life is rather difficult (some families earn merely several hundred thousand VND per month). To earn money, they have to be hired to work (harvesting cassava, carrying cajeput trees, construction work, lawn mowing). Their wages depend on the work (200,000- 250,000 VND a day for tree cutting and cajeput carrying, 100,000-120,000 VND for cassava harvesting or lawn mowing). Families who work a lot as hired laborers may earn as much as three milllion VND a month. In order to have money when needed, many households in the village pay into the tontine. "Nothing can be grown here. Everything has to be bought: rice, vegetables, and meat. We have to buy all from traders in the village. I may spend as much as 100,000 VND when going to the market, and 20,000-30,000 VND when buying some stuff in the village. Once going to the market, I not only buy food but also other things. Maybe fruits for my children," (male, 23 years old, Van Kieu). "Our monthly income is meager but we spend a lot, as much as we earn. There are months when we earn enough, but in other months we have to get a loan," (female, 20 years old, Van Kieu, Dakrong).

Given such a situation, getting married helps people find security for their livelihoods. Early marriage is considered especially beneficial for the groom's family because it will provide them with the bride's labo, and reduce the burden of domestic work of the mother. If a couple gets married and has kids at an early age, later on when they are older and less capable of working, their mature children will help them out. "One day when we are still young, our kids will have already grown up. That would spare us much effort,"(a mother, 37 years old, Muong, Hoa Binh). This is one of the reasons why families often want their sons to get married at a young age. In hopes of finding a spouse to build a future with, young people think that a strong work ethic and work capacity are the main criterion in seeking suitable partners: "She's hard working. I asked people in her village and they said that she was nice. So, I decided to marry her. If she wasn't hard-working, I wouldn't have married her. I married her so she could help my parents. If she didn't work, I wouldn't have chosen her," (male, 17 years old, Mong, Dien Bien). "When looking for a wife, what men consider the most important is her work. I always asked her family about her life, her good points and bad points. If they want me to know, they will tell everything. If one wants to have a good wife, one has to find out how she works. That's important," (male, 26 years old, Mong, Dien Bien). Parents also want their children to be independent and hard-working, thus they know that their child has reached maturity when he or she gets married and has their own family. Before getting married, girls are usually reminded by their parents to work

52 hard to build a new life. Parents who have sons tend to encourage their sons to get married because then they will start working independently to take care of themselves and their new families. Since men consider working hard to make a living as their raison d’etre, their philosophy of life, getting married helps them to get a share of their parents' land, tools and money, and to have someone who takes care of their parents when they go to work far away from home: "It takes more land to have a son because I will have to share it with him, but I still prefer sons. I share the land with him so that when we get older, he will take care of us. A daughter will never come back once getting married," (male, 26 years old, Mong, Dien Bien). After getting married, the couple will live with the husband's parents for one or two years. If they have enough land, the parents will later share it with the couple so that they can live independently: "After living with our parents for two years, we are given two pieces of land to grow crops and manage our own life," (male, 23 years old, Van Kieu, Quang Tri). "My parents told me to live separately after getting married and earn my own living. They said I should move out as soon as possible," (male, 24 years old, Mong, Yen Bai). "Around one year after the wedding, perhaps I will move out and build my own house... Having a wife is economically beneficial, as she is supposed to help me with my work. It's better. I wouldn't earn much if I was working alone," (male, 29 years old, Mong, Yen Bai). After moving out, the children no longer have meals with their parents, and are considered an independent household in the village: “Since moving out, I have had to contribute to the village’s funds with my own money. When I stayed with my parents, I didn’t have to pay. Now I have to save my hard-earned money, I no longer spend lavishly like before," (male, 23 years old, Van Kieu, Quang Tri). So, for men, the notion of adulthood is often associated with getting married and getting a share of land from their parents. That is probably why quite many Hmong youngsters get married right after falling in love: "They have been in love for just a few days. They fall in love very fast. We Hmong people can get married after dating for just several days. They go out with each other once or twice, have known each other for two or three days, then they can get married," (male, 56 years old, Hmong, Dien Bien).

3.2 Love means marriage: Marriage as an expected gender role practice The Hmong, Muong and Van Kieu communities in this study have patriarchal cultures in which men are considered the pillar of the family and have the strongest voice and power in their families and communities. In their patriarchal value systems, men are often expected to be the head of the family and to show their strength and responsibility, while women Extra value system in the heating system, men often expect is the owner of families, of the power, have the responsibility, while women are expected to become a wife and mother, who takes care of the children and obeys her husband. Although they have different traditions and customs, child marriage practices in the studied ethnic communities, with their notions of love, marriage, and gender roles, are based on a patriarchal value system. For the ethnic groups in this study, love and marriage are two integral concepts. Dating and loving someone are considered a step towards marriage. In other words, marriage is expected to be an essential practice of love, and important for every individual. Not getting married is considered abnormal: "They will laugh at you and say you are the leftover if you do not get married. I have never seen anyone like that. Only crazy people do not get married. No normal person would stay single," (a mother,

53 Hmong, Yen Bai). The perception that one should always get married, combined with the fear of being a “left over,” creates marriage pressure for children. In general, from the age of 15 to 17, girls start to feel pressure to marry. Education is considered not as important as finding a good husband and having their own family. Thus, if they have to make a choice, girls find it easier to drop out of school than to break up with their boyfriends. For fear of being unable to find a good husband or worse, unable to get married, many girls hastily accept their boyfriends' proposals despite having dated for only a short while. Parents also fear that their daughters will get old and no one would want to marry them. A Muong mother (34 years old, Hoa Binh) regretted not being able to marry her lover when she was young. Thus, when her daughter met a guy she really loved, she supported their marriage despite being underage so that the daughter would not miss such a good opportunity. A Hmong mom said: "I told her that she was underage and should wait until 17 or 18 years old, but she still got married. My husband told her it was okay to not get married then, but once she got older, no one would want to marry her. Thus, she should just get married because she would need a husband anyway," (a mother, 45 years old, Dien Bien). A common fear among girls who are in a relationship is that if they do not get married soon, love will fade or their boyfriends will propose to other girls. In Tan Lac, Hoa Binh, once falling in love with a nice guy, girls almost always accept their proposals immediately. Very few girls refuse even if they are underage and do not want to drop out of school: "My boyfriend asked me to marry him. If I hadn't accepted, he would have thought I had fallen in love with some else and broken up with me. So I thought twice and accepted his proposal,” (woman, 19 years old, Muong, Hoa Binh). Fear of being left over and losing good opportunities if they do not get married soon, together with pressures from the community, leads many children to decide to get married: "I wanted to get married because everyone here got married very early. They said if one gets married late, one would get older and become less attractive to men. Eighteen-years-old is the best time to get married. Getting married at sixteen-years- old like me was a little early, but some even got married at 14-years-old. If I hadn't married, that older woman who lives next door would have said 'you have grown up, so why not get married, you will be left over,'” (woman, 19 years old, Van Kieu, Quang Tri). "My younger sister wanted to get married. My parents advised her to finish high school but she didn't care... I warned her that married life would be difficult and advised her to find a job, and that she should only get married when she could take care of herself, but she didn't listen," (woman, 20 years old, Mong, Dien Bien). On the other hand, getting married and having children has a special meaning for girls because then they begin to truly perform expected their gender roles: "After getting married, I found myself more mature and responsible. Before then, I didn’t find my life meaningful. My mother died when I was 13 years old, so when I was a child I thought it was okay to die because then I could be happy and see my mother again. Now that I am married, I no longer want to die. I love my life more, I want to live long. I now find my life meaningful. I want to explore that promising future ahead," (woman, 20 years old, Van Kieu, Quang Tri). Girls are taught how to become a good wife by their parents at a very young age. A Van Kieu girl told us that when she was small, her mother taught her about the female characteristics that men preferred:

54 "My mother said girls should be gentle and obedient. Nobody would love shrewish girls. She advised me to talk less, and that guys didn't like talkative girls. She said girls should take care of themselves; going out frequently was really bad. She said girls who lost their virginity were of no value. Virgin girls were valuable. No one would propose to a girl who was no longer a virgin. If I want to get married, I have to save my virginity. She said so, " (woman, 20 years old, Quang Tri). Hmong girls in Phinh Giang (Dien Bien) also fear becoming old-maids, or called, “left over girls.” According to their customs, left-over girls can not stay with their parents. In Hmong families, sons and daughters will move out after getting married. Only the youngest son stays with the parents after getting married and is responsible for taking care of them when they get older. So left-over girls will have to move out and live on their own: "According to Hmong rationale, if a girl doesn't get married and stays home with her parents, later she won't get along well with her brother and his wife who will also live there. The daughter has to get married because she is an outsider, only the son will be the pillar of the family. The son should handle all customs of the family, while the daughter is supposed to get married and move out. Getting married late is not a problem, but if one stays single, she should move out and live alone eventually. She won't be allowed to live with her family," (a mother, 45 years old, Hmong, Dien Bien).

Not only girls but also boys are under pressure to marry at a young age for fear that their lovers will be proposed by someone else. The special reason for Hmong men's hesitation in dating for an extended period is that they do not want to make a promise. A girl who wants to get married soon for fear of being left over will seek a marriage promise from her boyfriend if he has not proposed after dating for a while. Once he makes this promise, both families will consider it as a commitment. If the guy breaks his promise, he will have to compensate the girl's family with money for her loss of dignity: "If he makes a commitment to marrying her and then does not keep his promise, the girl will lose face, and the guy will have to pay her family a fine of 8-15 million VND," (male, 26 years old). For young guys, this is a risk they want to avoid. Thus, once they find a suitable partner, men will quickly prepare for their marriage: "Many guys have lost their girlfriends for not getting married promptly enough. Then they committed suicide. There are many people like that. So if one likes a girl, he should marry her immediately. If he makes a promise and then breaks it, he will have to pay her family a big fine. If he dates her for too long, he will get bored and no longer want to get married. That's why one should get married immediately after falling in love," (male, 26 years old, Dien Bien). On the other hand, marriage is also a manifestation of a man's responsibility, which marks his maturity and key role in the family: "I wanted to get married so both of us could work together. As I didn't go to school, I had to get married soon so that we could effectively make a living," (male, 31 years old, Van Kieu, Quang Tri).

55 3.3 The symbolic meanings of marriage and adulthood Child marriage is associated with ethnic minorities’ conceptions of adulthood and the meanings of love and marriage. The symbolic meaning of marriage changes the child’s social status and meaning of life, all while under the influence of patriarchal cultural norms. The fact that children can make their own decisions about marriage, as described in Chapter 2, can be first explained by ethnic communities’ notions of adulthood as well as of marriage. In legal discourse and child rights discourse, the timing of marriage depends on age. The legal age of marriage is a solid barrier that, only when passed, defines a human being as developed enough physically and psychologically to enter marriage life. In reality, however, development or maturity is a fluid concept that serves as a basis upon which individuals make decisions about marriage, as well as gain acceptance from others . From a cultural perspective, ethnic communities interpret "adulthood" very differently from the institutionalized way of defining it by age (eighteen years). Older people in the Van Kieu and Hmong communities often find it difficult to answer questions about their age or year of birth. For them, the concept of 'age' is rather ambiguous because they have no way to calculate their age accurately, and can just estimate it by farming seasons. Therefore, without personal identification documents (birth certificate, household registration book, citizen identification card), they often do not remember their exact ages. Another important reason is that in their culture, a person’s maturity is not evaluated based on her or his physical development, but on her or his cognitive development, working skills and life experience. Ethnic minority people do not use educational level as a criterion of adulthood. Their criteria of adulthood is more earthly and closely linked to the life of the community: knowing how to work the land; knowing how to earn a living; maintaining good relationships with family members and relatives; and knowing how to take care of children and do housework. Because this set of criteria is not strictly defined or quantifiable, one’s maturity is often evaluated using the subjective observations of others. Without a culturally embedded idea of a legal marriage age, they often allow their children to get married if they see they are hard-working: “If a girl has grown up and knows how to earn a living, her parents will allow her to get married,” (female, 16 years old, Muong, Hoa Binh). Since knowing how to earn a living is a sign of maturity, ethnic minority children are considered adults sooner than Kinh children: “The life here is harder than in the lowland. Many ten-year-old kids can do some small tasks, for example they can herd buffaloes or help their parents with farm work. Older children work the land together with their parents after school. They have to do everything,” (male, 33 years old, Hmong, Yen Bai). Some people think that maturity depends on emotional development: “They become mature when they start to fall in love. Hmong people reach maturity when they are at least ten or twelve years old,” (male, 24 years old, Hmong, Dien Bien). Thus, one is expected to get married at his or her maturity age so that they will have more opportunities: “A nice age for men to get married is under 20; over 20 is considered old. Girls grow up faster than boys and are more physically and mentally developed. So they should get married at 15, 16. Over 18 is too old. That’s the perspective of Hmong people,” (a mother, 45 years old, Hmong, Dien Bien). Some others assume that maturity does not depend on a commonly defined criterion, but on the personal development of each individual. Some people believe

56 that if one has lived in difficult conditions, one will mature sooner. In Tan Lac (Hoa Binh province), a 16-year-old girl said, "In this mountainous region, 13 or 14-year-olds can be considered mature because they know how to make a living by themselves, unlike in the city." Reflecting on her own life, a Muong mother (35 years old) said that maturity depends on living conditions: "It depends. Some reach maturity at 15 years old. Those who were born into well-off families do not reach maturity even by 18 or 20-years-old. My family was poor so I had to work with my parents since I was 15, so I reached maturity sooner.” 17-year-old Bui Thi B. said that a woman is considered mature when she is physically “grown up,” and knows how to behave and how to work. She also observed, "If one lives a happy life and does not worry much, she will remain as carefree as a child. People living in poverty will be more mature and care more about their families.” In- depth interviews in Tan Lac also show that Muong people, whether they define childhood by subjective standards or by age, consider those under 13, 14, or 15 years of age to be children. Once they reach 16 or 17 years of age, they are considered adults.10 On the other hand, marriage has symbolic weight, changing the social status and meaning of life for young people. For ethnic communities, marriage is a significant milestone that marks the maturity and independence of a human being. More than just an indicator of adulthood, it also carries with it symbolic meanings of status and responsibility. For many, criteria for evaluating adulthood are more or less related to the image of a nuclear family, which is a fundamental unit in the development of a community. Thus, marriage is considered a milestone of maturity in many cultures. When a person gets married, it means that they are no longer 'children' but have become 'adults'. After marriage, they will start their independent lives, make their own livings, and be treated with a different status: "When people haven’t married yet, they are children; but after marriage, their parents will see them as adults... People like to be adults in general..." (male, 26 years old, Hmong, Dien Bien); "...I was told that only after I got married and had children would I become mature,” (female, 17 years old, Hmong, Dien Bien). A young man said that he got married at the age of 19, and so he was already more mature than a 30-year-old: “I’m more mature because I have a wife and take care of my family.” One parent also asserted: "Boys must get married to become mature, because when Van Kieu boys are married, even at the age of eighteen, nineteen, or twenty, they are responsible and go to work. Meanwhile, a boy who hasn’t been married yet neither works nor helps his parents. He does nothing but eat and go out without listening to his parents. But after getting married, he has to work... Girls don’t go out, but only after they get marry will they become mature. If they still stay with their parents, they don’t know how to take responsibility for their lives,” (male, 53 years old, Van Kieu, Quang Tri). Marriage, therefore, is a way to claim maturity and bring new meaning to one’s lives.

10 Interviews in Phu Cuong commune, Tan Lac district, Hoa Binh have shown that the “mature” age is considered to be from 13 to 15 years old: Mrs. T., 35 years old, said that those under 15 were children, while and those 15 years old or older were adults. Mrs. Q., 37 years old, regarded 13 as the milestone, but added that 13-year-olds could still be considered mature if they were well-behavedwell behaved. Mr. H., a 33-year-old Muong village head, considered those under the age of 15 to be children; but when he talked about the concept of "child marriage,", he thought that it should refer to those who are 13 - 14 years old or younger, while marriage among 16 or 17-year-olds should only be called "early marriage.". Mrs. Bui Thi M., 35 years old, said that those at of the age of 13 or 14 -were children because, "13 or 14-years-olds know nothing, they even don't know to say hi when they see someone coming." The age of 14 or 15 is also considered, "the age of play" (Bui Thi Q, 37 years old) or as "teenagers" (Dinh Thi X, 18 years old).

57

3.4 Face and dignity: Marriage for personal and familial security Unintended pregnancy before marriage is one of the causes of child marriage. This can be attributed to children's lack of reproductive health knowledge and unawareness of the risks of premarital sex. Although knowledge of reproductive health and contraception is spread by local medical agencies, it remained mostly unknown by the chilrden who participated in this study. Many young Hmong informants in Phinh Giang (Dien Bien) did not know how to avoid premarital pregnancy. Van Kieu girls in Da Krong (Quang Tri) were extremely embarrassed and stayed silent when asked about contraception methods. This can be explained by the fact that many girls drop out when they have yet to finish secondary school, thus having no chance to study sex education. The others got to know about condoms after participating in extra classes about sex education in 9th grade and high school. In villages, unmarried juveniles are not the target group of family planning educational services because the programs of the Ministry of Health and local medical staff intend to reach married people who already have two children. On top of all this, young people have limited access to popular contraception methods like birth control pills and condoms. Although health stations give them out for free or sell them at low prices, they require customers to register, making them embarrassed and reluctant. Thus, in order to protect their privacy, those in need often buy them from pharmacies and private medical facilities despite higher prices. “For example, here a pack of birth control pills costs 8,000 VND, out there it may cost 15,000-20,000 VND, but people still buy it there so that nobody will know. They are too embarrassed to buy it here,” (male, 43 years old, Hmong, Phinh Giang). Young informants in Tan Lac (Hoa Binh) and Suoi Giang (Yen Bai) were a little more knowledgeable about reproductive health than their counterparts in Phinh Giang and Da Krong. Nevertheless, the use of contraceptive methods like condoms and pills were still uncommon among young people. What they knew about contraception was still very theoretical, and they were too shy to talk about it: “Health station staff talks about it, I also know it… But I have never seen it and don’t know how to use it,” (female, 20 years old, Hmong, Suoi Giang). A woman in Suoi Giang told us that when she was expecting her first child at 16 years old, she did not know that she was pregnant and just thought her belly was getting bigger. Due to limited access to contraception methods, some girls became pregnant before marriage. Some chose abortion, but many chose marriage. All research sites did not have official statistics on juvenile abortion rates. There are two reasons for this: first, communal health facilities are incapable of performing abortion; second, since premarital pregnancy is considered shameful, girls often secretly sought abortion in private health facilities in town or their district. In Phinh Giang (Dien Bien), if a girl gets pregnant when dating, the couple will get married. “I decided not to use contraception methods. I wanted to marry her, so I just played with her until marriage… If she got pregnant, I would marry her immediately,” (male, 26 years old). If a guy does not want to marry, he will have to pay a fine of 5-7 million VND to his girlfriend’s family and bear no responsibility for the child. For parents and older people, premarital sex and pregnancy are considered bad, although for Hmong, Muong and Van Kieu people, the notion of virginity was pretty vague (they often used the word ‘sleep’ to imply having sex). Premarital sex allegedly

58 has a negative impact on the girl’s dignity and her family’s reputation. Thus, in the past, premarital sex was rare. Mothers often taught their daughters to “behave appropriately” when dating to avoid staining family reputation.

Box 1: Perceptions about premarital sex

“In the past, it was impossible. It was not until after marriage that they could sleep with each other,” (male, 24 years old, Hmong, Dien Bien). “Sleeping with each other before getting married is really bad. Parents will get angry,” (female, 17 years old, Hmong, Dien Bien). “There’s no sleeping with each other before marriage. They were afraid of their parents and relatives, and feared of losing face,” (male, 60 years old, a Muong shaman, Hoa Binh). “They really loved each other and were together all the time. If I didn’t allow them to get married, I was afraid they would sleep with each other. Our relatives and neighbors would know; that’s shameful,” (a mother, 35 years old, Muong, Hoa Binh). “I didn’t dare to sleep with him before he gave me the bride price, I was afraid of the village’s punishment. Not until he paid the bride price was I able to sleep with him,” (female, 19 years old, Van Kieu, Quang Tri).

Nowadays, young people no longer consider premarital sex taboo. Many youngsters told us that they could have sex before marriage if they were going to marry their partners, others said things like, “If I just sleep with her tonight, nobody will know,” (male, 26 years old, Hmong, Dien Bien). While young people no longer find virginity important, premarital pregnancy is still considered a serious problem. In Suoi Giang (Yen Bai), young men said that when selecting a potential fiancée, they cared about how often she hanged out with other guys. A man may refuse to marry an easy girl even if she gets pregnant because he does not believe that it is his child. If a guy impregnates his girlfriend before marriage, he will have to compensate by marrying her. If he does not agree to marry her, he will have to pay her family a fine of 5 – 10 million VND, which will be used to raise the child. According to a head of village (male, 49 years old), his community barely has to apply this punishment because most people only have children after marriage, and those who experience premarital pregnancy will eventually marry each other. For Van Kieu people in Da Krong, sex before paying the bride price is not encouraged but not really a serious problem. Couples may sleep with each other but if the girl gets pregnant, she will have to go out of the village to give birth and be fined by the village (in the past, the fine was a buffalo - but now it is a goat - to serve the village’s ritual of pushing away the bad luck brought about by her pregnancy). For fear of being unable to pay the fine for unintended pregnancy, many Van Kieu girls after going out (di sim) often quickly jump to deciding to get married: “I dated him but did not want to have sex because I was afraid. I could only sleep with him after he paid the bride price. But we had dated for two months, and he

59 really wanted it, so I had to marry him for fear of getting pregnant. According to our customs, pregnant girls are not allowed to live with their parents and have to live with their husbands’ families. They can only come back to their parents’ home after giving birth. If I got pregnant, I would have to pay a chicken and a goat for the village’s ritual,” (female, 19 years old, Van Kieu, Quang Tri). Girls are not allowed to give birth in their village because it will allegedly bring bad luck to the whole community. Thus, if a girl gets pregnant, her family will have to prepare a wedding for her immediately so that she can give birth in her husband’s home. Even if the guy does not accept the child - unsure if it is really his child because the girl has hanged out with many other guys - he will still have to allow her to give birth in his home, or the girl will have to give birth in a tent outside her village or in a hospital. She can only return to her family three days afterwards. Thus, due to the popular beliefs, the pressure to maintain the girl and her family’s reputation, and the economic pressure of the village fine, when a young couple wants to marry, their parents often accept in order to prevent them from having sex before marriage. Especially when adolescents have increasingly relaxed attitudes about premarital sex, marriage has become a strategy to maintain the girl’s dignity and ensure that her family will have the bride-wealth. In Da Krong, if a girl gets pregnant before marriage, the community will say she has “lost her value” and therefore have to get married without receiving a bride price: “If a girl gets pregnant, the guy won’t want to pay any money. His family will say that they have no money and the couple should just get married. A pregnant girl has no choice but to follow him to his home. What else can she do?” (female, 19 years old, Van Kieu, Quang Tri). On the other hand, it is important for a girl to live with a good family who loves their daughter-in-law. When a daughter is dating, her parents often ask if her boyfriend’s family is nice; they can be relieved when if they send their daughter to a good family. Marriage ensures life-long security for the girl. For the boy’s side, the parents consider marriage as an effective way to control their son’s moral behavior. This aspect is especially emphasized in Da Krong, where most boys drop out of school quite early despite jobs being limited. Thus, parents fear that if they do not get married and settle down, those boys will likely participate in social evils like gambling and drug use. This is probably why parents are happy instead of worried when their son wants to get married. “Without a wife, he would go wild, go far away from home, do bad things and have no responsibility in the family. After getting married, he has become more responsible and knows how to earn a living,” (a father, Quang Tri). “It’s good that my son was married. If not, he would be hanging out with bad friends out there, who’d probably stab and kill one another. That would do much harm to the family,” (a father, 41 years old, Quang Tri). “When he said he wanted to get married, we asked him to promise not to hang out with friends and get drunk any more after marriage. He had to promise that he would love his wife and not abandon her,” (a father, 47 years old, Quang Tri).

3.5 “Dropping out means marriage”: Challenges of education and employment Dropping out of school because of economic hardship and the need to work

60 According to a study conducted by the Ministry of Education and Training in 2012 in cooperation with UNICEF and UNESCO, the dropout rate in Vietnam was very high and increased with age. It was reported that out-of-school adolescents aged 14 through 17 accounted for 40% of the total number of children in the same age group. The dropout rate of ethnic minority children was much higher. The Report on Out-of- School Children (MOET, UNICEF, and UNESCO 2013) also reported the fact that in Dien Bien province, while only 1.42% of Kinh children between the ages of 6-10 were out of school, it was 26.75% in Hmong children; 15.67% Hmong children between the ages of 11-14 were out of school, in comparison to 1.58% in Kinh children; and Hmong girls had fewer education opportunities than their male counterparts, especially between the ages of 11-14. Using data from the household living standard surveys for 1993- 1998 and 2006, Baulch et al. (2009) found out that ethnic minority children in northern mountainous region were more likely to drop out of school when transferring from local schools to central schools, which was different from the trend in other regions where children often dropped out when moving from elementary school to secondary school or from secondary school to high school. Frequently mentioned obstacles for ethnic minority children going to school include: poverty; inability to pay tuition; children have to work early and do not pay enough attention to education; parents’s lack of awareness of the value of education; children’s lack of interest in studying because of a heavy curriculum; gender-biased cultural norms; stigma against ethnic minorities; long distances between homes and schools; poor transportation infrastructure; and more. (Report on Out-of-School Children, 2013, National Survey of Vietnamese Youth (SAVY), 2003 and 2008). In Vietnam’s educational management system, pre-school, elementary and secondary school education are administered by the district, and high school education by the province. Elementary education takes place in both major schools and small local schools, so villages often have their own small elementary schools. Secondary schools at the district level can be as far as over 10 km away from the village, and high schools can be tens of kilometers away from villages where children live. Children also lack vehicles to travel to school, they often walk, ride bicycles or catch buses from the main road. Our study shows that children and families in mountainous regions are mainly supported by the state’s educational subsidy program that targets students from preschools to secondary schools. At the high school level, only outstanding students get a tuition waiver, so most children drop out after finishing secondary school and get married. According to statistics in the Socio-economic, Security and National Defense Report of Phinh Giang Commune (Dien Bien), the number of children going to school in the commune in the school year 2016-2017 is 963: 292 in preschool, 464 in elementary school and 207 in secondary school. There are no statistics on high school children because, according to local officers, high schools are not based in the commune so they do not have the statistics. However, we can estimate from in-depth interviews that the number of adolescents going to high school in the commune is small, accounting for approximately 30-35% of children aged 15 through 18. Most children in Phinh Giang only finish secondary school. Three or four in ten children continue to high school, among whom only one or two will graduate. Due to the shortage of cultivated land, agricultural production is no longer abundant and has gradually become “just enough” or sometimes even “insufficient” for their needs. Thus, some parents have started to invest in their children’s education with the hope that they will later find non-agricultural jobs: “We have run out of swidden, and livestock and

61 poultry get diseases all the time. Thanks to communication programs in villages, parents have started to think about the future of their children and send them to school,” (male, Hmong, 26 years old). Nevertheless, due to economic hardship, some families can only afford secondary school or part of high school. A young man in Phinh Giang (Dien Bien) said, “My generation had 37 people going to school, but only 5 remained in school, and 32 came back to do farm work,” (male, Hmong, 26 years old). Other than economic pressures, some said they did not want to go to school or “were unable to study,” so, “6 in 10 students dropped out,” (17-year-old boy). A father said he had failed to persuade his son to continue his education: “We said that even if we were poor, we would still allow him to go to school, but he said he didn’t understand what was being taught and so wanted to drop out. I said, if he didn’t study, he would have to work hard. Without working hard, he would have nothing to eat, and how could he make a living after getting married…? He didn’t care. After quitting school, he started growing cassava and rice…” (a father, 53 years old, Van Kieu, Da Krong). In Da Krong (Quang Tri), the dropout rate of children in secondary school is very high. Children often try to finish their secondary education since the schools are located close by in the villages. High schools are far away from home and more costly, so parents do not and cannot force their children to go to high school, and besides, children “prefer playing, they go to the woods to catch weasels and monkeys to sell,” (male, 53 years old, Van Kieu). The children said they receive some financial support from the state for their secondary education, which makes it affordable: “They give us 5 million VND a year to cover the day-boarding fee. We have to pay for transportation, room and board. Tuition fee plus additional fees is around 400,000-500,000 VND; they give us 5-6 million VND at once to cover it,” (female, 19 years old, Van Kieu). Children face many difficulties in their transition to high school. They said that children going to boarding school for high school do not have to pay for board and receive an allowance of 20,000 – 30,000 VND to buy miscellaneous things. If one goes to the district’s high school which is 21 km away from the village, he or she will be entitled to an allowance of 400,000-500,000 VND a month for tuition fee and board, which is paid out every half semester. Thus, while secondary students receive enough money to cover the fees related to their education, high school students cannot afford it: “They don’t have enough money to go to high school. Schools are far away while board allowance is minimal. Accommodation costs around 500,000-600,000 VND a month.” A Van Kieu father whose daughter got married at a young age said she dropped out because, “first, the school was far away from home; second, she didn’t have a bicycle; third, our poor family could not afford her education.” In Tan Lac (Hoa Binh), the Phu Cuong commune has a kindergarten, an elementary school and a secondary school, which are all located in the commune center. Tan Lac district has three high schools and one “continuing education center,” the nearest of which is 8 km away from the commune center. In-depth interviews show that most adolescents in the area only finish secondary school. Their decision to dropout can be attributed to various reasons: economic hardship and inability to pay for education; indifference towards studying; friends in the neighborhood not going to school (high school is far away so the children must travel by bus, going to school alone without company is undesirable); unintended pregnancy; and getting married. Some moved on to high school but then dropped out after 10th or 11th grade; only a few, mostly male, managed to graduate. For adolescents and their families, education is not

62 essential and not compulsory. The fact that many adolescents now go to school and even graduate from high school is considered only as a “movement,” (female, 34 years old, Hoa Binh). In Suoi Giang (Yen Bai), since the commodity economy influences the way people think about success, parents care about their children’s education more than at other field sites. A parent said: “Elementary and secondary schools didn’t cost much, but when they moved to high school, we had to earn more money to pay for them. It may cost 1.2-1.3 million VND a semester; that’s a lot.” Education is supposed to help children know not only how to read and write but also to calculate, which is beneficial for their trading activities in Suoi Giang, a region famous for its trade: “We will be more successful in our business if we are literate,” (male, 29 years old). More and more Hmong parents in Suoi Giang have started to invest in their daughters’ education instead of giving priority to sons. They care more about their children’s persistence and learning abilities than their gender. Some even think that girls could study better than boys if they are given enough attention. The number of girls finishing secondary and high schools in Suoi Giang (Yen Bai) is much higher than in Phinh Giang (Dien Bien).

63

Table 1: The number of female students in secondary school and high school by province.

Source: Website of General Office of Statistics, updated on 6th September 2016

Besides economic hardship, participation in the agricultural activities of one’s family is also a reason for droping out of school. Both subsistence agriculture and children’s contribution of labor pressure many to drop out of school after finishing elementary and secondary school. Between the ages of 10 and 12, ethnic minority children not only help their parents with simple housework but also go to the fields with them when they are considered ready to take on the role of laborer, contributing to their family’s income. Thus, many children in this age group may drop out of school if their families need more laborers or if their parents think they have learned enough to know how to read and write. Looking at the demographics of out-of-school children, one can see the inequality between boys and girls. Many girls aged 15 through 18 said that they had to drop out because their family could not afford education for all their children. They stayed home to help their parents with farm work while their brothers went to school. Parents’ decisions are mostly based on their children’s gender. They consider sons as those who will later take care of parents, and daughters as those who will eventually get married and belong to their husbands’ families, so sons should have more education than daughters. The fact that families give priority to sons regarding education has led to a gender imbalance in school, especially in Hmong areas. Thus, some girls do not drop out of school because of economic hardship, but rather because there are too few girl friends going to school, especially at secondary and high school levels. It is no surprise that very few girls have proceeded to college and university.

Box 2: Education priority is given to sons in Phinh Giang, Dien Bien

“My younger sister has to stay home to do farm work because my mom won’t allow her to go to school. She only sends her sons to school,” (male, 15 years old). “My mom gave birth to my younger brother a long time ago. When she had him, she asked me to quit school to do farm work. So I dropped out,” (female, 13 years old). “There were just a few girls in my class. My class had 15-16 students but only 2 or 3 of them were female, so I didn’t want to go to school,” (female, 17 years old).

64 “Honestly, boys are given priority. Very few girls have managed to graduate from high school. From 2000’ till now, I have never seen any girl in my village go to college or university,” (male, 26 years old). “Due to economic hardship, I only send my sons and the youngest child to school. I don’t allow my daughters to go to school because they have to work. They will get married anyway,” (male, 47 years old).

Even some girls also think that women do not need much education. A 17-year- old Muong girl said that women do not have to go to school in order to be successful because, “women can earn money from home by raising chickens and pigs, I think education is important, but not really because it is not the only path to success. One can be successful doing other things.”

“Study for what?”: The lack of employment opportunity One of the reasons why adolescents are uninterested in studying is that it does not guarantee them a job. A girl (20 years old, Muong, Hoa Binh) said, “here you can go to school or quit as you want.” Even if one graduates from high school, he or she will still be unable to find a job or have enough money to afford higher education. A foreseeable future for those who have finished high school is to continue to do farm work and get married. “It’s the same in other villages. There’s a girl who finished high school but then got married instead of looking for a job. We don’t have money to find jobs or study far away from home. Some families can afford it, but for most families, children just stay home,” (female, 19 years old, Hoa Binh). Tua (Suoi Giang) is the second of five brothers. His parents could not afford to send all of them to school. Tua has stayed home to herd buffalos since he was a small kid and has never been to school. His oldest brother managed to graduate from high school, while all of the others have dropped out. The oldest brother also stays home after graduation. “He is just like me. He has finished high school but found no job. Communal People’s Committee doesn’t have enough jobs. People go to school to learn reading and writing, which can help them earn a living, but when many people are literate, jobs become insufficient.” For Tua and many other young people, education is just a means to “find employment in Communal People’s Committee,” which is limited. Education at school does not help them much with everyday farm work, while jobs that require a degree like those in local government agencies are scarce or only accessible for prioritized people like children of war invalids and martyrs. For this reason, going to school is not an option that parents choose for their children. This perception is common among parents as shown in the research report, “Unable to study or study for what?” (iSEE 2011:18). According to this study, parents think that providing children with more education is unnecessary because “jobs are for children of local government officers.” In Da Krong, there are also people who managed to get a job because they were priority policy beneficiaries: “My nephew is now the chairman of the Farmers’ Union. Another nephew was sent to the University of Civil Engineering in Hanoi to study

65 architecture, now he’s been working at the commune’s real estate group for the past three years. Most Van Kieu people work for state agencies after finishing their studies,” (male, 50 years old, village officer, Da Krong). However, this is just a minority, most youngsters do manual work after quitting school, become hired laborers, or go far away to find jobs without success. A young man said he once tried to find work in Da Nang when he was 16 and 17-years-old. That was a fertilizer company operated by Protestants: “I was not a Protestant but still got the job. I had to shovel manure and dry it in the sun, then I loaded it onto an ox cart, placing it in the kiln and then the machine. The wage was paid on the basis of the output, but it was a hard job. I got exhausted after ten days, so I returned home.” After returning to his hometown to work the land, he decided to get married. Now with a wife and children, he does not want to work away from home any more: “I recently got a job, it’s making bricks. I am paid 200,000 VND per day. I just want to save money to buy a goat for breeding. A goat now costs 2 million VND but I don’t have enough money yet,” (Nam 23 years old, Vân Kiều, Quảng Trị).

Correlation between school dropouts and child marriage Although the relationship between child marriage and droping out of school is not necessarily a simple cause and effect, it is undeniable that these two factors have a correlation. In some cases, due to economic hardship and lack of employment opportunities, children drop out of school, hang out with friends, date and finally get married. The phenomenon of children who met, fell in love and decided to leave school to marry is also not rare. “Once you are in love, you no longer want to study. How can one study and love at the same time? It’s difficult to study, but easy to fall in love,” (male, 23 years old, Van Kieu, Da Krong). “Girls here quit school sooner, not because boys are given priority, but because grown-up girls want to get married. At 14 or 15 years of age, girl friends can stay together, and then boys start to ask them out. They fall in love, get married and drop out of school,” (female, 20 years old, Van Kieu, Da Krong). Notably, there are children who drop out from school after they met their boyfriend or girlfriend, whom he or she wants to marry, while attending boarding school. In the past, the population was sparse and distances between villages were vast, so it was more difficult and took more time for young people to find partners. As the result of condensing school commune and district levels together, and decreasing the number of schools in villages, communes and localities, more children now must go to boarding school (post primary and during junior high school). This is away from family and therefore children lack the attention and emotional guidance of parents. Now that the learning and living environment is away from home, a lack of management and emotional support have partly created favorable conditions for the development of close emotional and bodily relationships in puberty. It is the centralized school system that has unintentionally become a site for adolescents to make friends and fall in love, leading to an upward trend of child marriage. For example, in Phinh Giang (Dien Bien) in 2000’, the state’s education universalization program was gradually implemented despite the continuing low rate of children attending school. As time went by, the number of children going to school

66 increased, which means there are a fair number of children living in boarding school dormitories now. Studying and living together creates a favorable condition for students to date and fall in love: “The dorm turned off all the lights and locked the gate for curfew, but when everyone fell into a good sleep, they [a couple] just called and immediately sneaked out to see each other. No one could prohibit them from doing that. They fell in love, then wanted to get married, and after abruptly stopped going to school,” (male, Hmong, 26 years old). Schools have little influence over adolescents’ decision to drop out in order to get married, though teachers have attempted to persuade students and their families. Knowing that a student is going to drop out to get married, teachers often visit his or her family to persuade them not to, often without success. The only thing they can do is to write a report on the case to submit to the school management. “His teacher visited us to persuade him to continue going to school. We said we wouldn’t let him go to school and that he just needed to stay with his wife. Then the teacher wrote a report stating that us parents didn’t allow him to go to school and that he wouldn’t call to persuade us any more. Teachers usually meet parents to discuss if their children drop out,” (a father, 56 years old, Hmong, Dien Bien). “The head teacher said I was too young to get married and that it wasn’t good. He said I should wait until I was 20-years-old when I would be more mature. He just advised so,” (male, 24 years old, Dien Bien). There is gender inequality between married girls and boys’ access to education. While married boys can continue going to school if they want, most girls drop out of school after getting married because their husbands and new families-in-law do not allow them to continue their education. There are several cases where, after getting married, the guy went to the province or Hanoi to study, leaving the wife at home to help his parents. Be (15 years old, Dien Bien) first met her husband when studying together at a secondary boarding school in the district center, 40 km away from her home. On Saturdays and Sundays, he often asked her out. Be thought she should get married after graduating from high school, but unintentionally got pregnant as an 8th grader, so she stayed home, got married and moved to her husband’s house. Her husband is still studying in the district center and only returns home on the weekends, but doesn’t want her to continue going to school because she has to stay home to take care of the baby and “work the land to earn money to pay for his education.” Married girls’ limited access to education can be explained by ethnic minorities’ belief that married woman should not hang out freely with other men. If girls go to school, they will frequently be in contact with other men like classmates and male teachers. Thus, even if she and her parents want her to go to school, the husband and his family do not support it: “I finished the 9th grade only. I got married so I couldn’t go to school. Hmong men are jealous. I asked him to allow me to continue my studies but he wouldn’t. My parents also failed to persuade him,” (female, 20 years old, Hmong, Phinh Giang, Dien Bien). “I got married when I was 15. My parents said I couldn’t go to school after marriage. I still want to study but it’s impossible as I now have a child,” (female, 21 years old, Hmong, Suoi Giang, Yen Bai).

67 In Suoi Giang (Yen Bai), there was a girl who was allowed to go to school after marriage. However, there remains an inequality between boys and girls’ rights to education. Many girls have to drop out after marriage because their husbands’ families cannot afford their education, and also want them to work and take care of the family instead. In some cases, the girl’s family asked her husband’s family to let her finish 12th grade. Sometimes the request was accepted: “I asked them to let her finish high school, if not, I wouldn’t allow them to get married,” (a father, 33 years old, Suoi Giang). Sometimes such requests were denied: “It was a summer break. She was helping out in his brother’s wedding, and just the next day she suddenly told me she wanted to get married. I was surprised! I said that she could decide by herself, we would support her whatever she decided. If she wanted to continue her studies after marriage, we would support her. So she studied for around a month in the 11th grade, but then she and her husband quarreled all the time. He wouldn’t let her to go to school, so we couldn’t do anything. She already got married, the husband wouldn’t let her study, so there was no way we could change the situation despite wanting her to go to school…” (a father, 36 years old, Suoi Giang, Yen Bai).

3.6 Motorbikes, mobile phones and Facebook: Challenges from technology and modernization Many informants said that child marriage in previous generations was not as prevalent as now. According to a village leader in Tan Lac district, Hoa Binh, child marriage was most prevalent among Muong people born in the 1960s and 1970s, “because in that period, couples didn’t have to register their marriage, they only needed to hold an engagement ceremony and wedding.” Those born in the 1980s were less likely to get married at a young age. Nevertheless, the 1990s generation “was more enthusiastic because they had more nutrition and became mature earlier,” (male, 36 years old, Muong). Many other informants in Tan Lac confirmed this fact. Nhiều người chúng tôi đã phỏng vấn ở Tân Lạc cũng khẳng định điều tương tự. A village patriarch said child marriage is not a custom or tradition of Muong people, and has only occurred in the last 20 years; in the past, people got married later as they did not have as many chances to get to know and date one another as at present (male, 64 years old). “When we was 14, 15 years old, girls and boys herded buffalos and bathed naked together. We didn’t know anything, unlike the youngsters now,” (male, 52 years old). Additionally, engagement and wedding ceremonies used to be more costly, which prevented people from getting married at a young age. Van Kieu people in Da Krong said in the past there were people who married at a young age, but also people who did not marry until they were over 20 years old: “It’s not true that child marriage is a tradition of Van Kieu people because it also happens among Kinh people here.” According to a 85-year-old patriarch in the studied village, in the past some got married early, but many got married at the ages from 20 to 25: “I got married at 25. My wife then was also in her twenties,” (male, 43 years old, Van Kieu). Some Hmong people in Dien Bien said people used to get married at an older age: “I got married at 22, and my wife was 18,” (female, 47 years old, Hmong, Dien Bien). It is surprising that in recent years young people have been getting married at a younger age:

68 “In the past, getting married at 16 or 17 was considered early, but now, people may get married as early as at 14 or 15 years old for girls, and 16 or 17 years old for boys,” (male, 46 years old, Van Kieu, Quang Tri). “Now people get married at a very young age, probably as young as 12 or 13 years old. Some get married at 15 or 16. Getting married at 12 or 13 is quite rare,” (male, 24 years old, Hmong, Dien Bien). “Now Hmong girls may get married at 13 or 14,” (male, 15 years old, Hmong, Dien Bien). In Da Krong in recent years, the number of adolescents getting married at 14 or 15 has dramatically increased. A Van Kieu man said there is a trend for modern-style weddings that include backdrops, music and dancing. Some adolescents even borrow money to finance their wedding parties: “My nephew only finished 1st grade and is still illiterate. He wanted to get married at 17 while his wife was 14. He sent invitation cards and organized the wedding party by himself. Only rich people should hold a wedding like that. He had no money but invited everyone he knew, including all the villagers, to his wedding party. It cost him a lot of money, around 20 or 30 million VND. He is now burdened with a huge debt that is difficult to get out of. He owes an uncle in Khe Sanh 7 million VND in pigs and 3 million VND in chickens. A lender even took his motorbike because he wasn’t able to pay him the owed money,” (male, 23 years old, Van Kieu, Quang Tri). Many local officers and people explained that the modernization of infrastructure like roads, electricity and telecommunication services, as well as the popularity of motorbikes, are the main drivers of the upward trend in child marriage. Recent changes in socio-economic contexts have resulted in a radical transformation in dating practices of ethnic minorities at the field sites. In the past, due to economic hardship and inconvenient transportation, boys often had to walk a long way to meet their girlfriends. During the past five or seven years, motorbikes have become a popular means of transportation for almost all households in the communes. Even impoverished households have at least one motorbike, while richer families may have two, and some households even own four or five motorbikes because they have more family members. Thanks to motorbikes, dating has become less challenging. They can go farther and faster. The dating process has become easier, allowing them to find a wife much faster. When Van Kieu boys di sim nowadays, they often travel in groups by motorbike to find girls who live far away in the region. If they know a family has a grown-up girl, they will knock on the door and ask to make friends with her. If they like each other, mobile numbers will be exchanged so that they can later go out together. Adolescents only hang out near their homes or go to the market to buy candies. Hmong adolescents in Dien Bien who study at the day-boarding school at the commune center can enjoy more recreational services: “We just went go to a place near our houses or stayed at home to watch movies… If we liked each other, we would get married. Here, there was no place for us to go far. We just hanged out near the school,” (male, 26 years old, Hmong). It can be said that electricity and mobile phones have officially created a revolution of sorts in young people’s dating practices at all the field sites. Electricity came to Da Krong in 2000. In the same year, Phing Giang, Dien Bien, had not yet been connected to state electricity, so people made water wheel electricity generators in rivers and streams by themselves, which provided just enough electricity for lighting.

69 The electrical grid came to Phinh Giang in 2010; since then, the use of electricity and electronic devices have become much more popular. In particular, the coverage of mobile phone networks in Phinh Giang in 2012 was a turning point in the lives of Hmong youngsters. It not only helps them reach one another faster but also reduces their dating time thanks to easier interactions and informational exchanges. Beside SMSs and calls, thanks to the popularization of 3G wifi, social networks like Facebook, Zalo and other applications now allow young people to send texts and make calls free of charge. Thus, for the past ten years, the number of adolescents marrying has increased substantially. According to statistics from official surveys of Dien Bien Population and Family Planning Bureau conducted in Dien Bien Dong district and surrounding areas, the average rate of early marriage is 2 in 5 people.11 “Motorbikes and mobile phones make it easier for them to be together. In the past, without mobile phones, people had to meet face to face, but things have changed. Now, if one wants to find a girlfriend, he will just look around to see who is beautiful, then ask around for her number. It is the mobile phone that makes more young people sleep together before marriage. To tell you the truth, this village has the highest number of girls getting pregnant before marriage,” (male, 26 years old, Phinh Giang). Interviews with people in Suoi Giang (Yen Bai) provide similar evidence that the popularization of motorbikes and mobile phones has had a considerable impact on the way Hmong adolescents get to know and date one another. “A long time ago, girls and boys only met and got to know one another on Tet holidays, where they fell in love and performed the traditional wife pulling practice. But now, with mobile phones, they can make a call to ask each other out, getting to know more about each other. In the past, people didn’t try to get to know each other, they just met at Tet holidays, traditional Hmong festivals, funerals or wedding parties, and then did the wife pullin’ practice,” (female, 43 years old). In Tan Lac, Hoa Binh, many older people said young people now are bolder than ever; they often go out together and the risk of premarital sex is real. Thanks to the availability of mobile phones (everyone has one), the Internet, and some recreational services such as billiards and karaoke, going out is more common. An 18-year-old Muong girl said that seven or eight of her classmates at secondary school got pregnant before marriage when they were under 18 years of age. A local officer of the Women’s Union (35 years old) said that in the past, a boy who wanted to see his girlfriend had to visit her house and talk to her there: “In the past, boys just visited girls’ home without going out anywhere together. They came in a group of as many as 7, 8 guys, sometimes 4 or 5 guys. They all sat together around a table, chatting and drinking,” but now, if they sleep together, no one would know because “they no longer stay at home, they just make a call, get on a motorbike and disappear.” A village leader believed that people in his generation never had sex before marriage, but now, “one hundred percent of couples sleep together before marriage.” In Da Krong, every young person owns a mobile phone. The village leader said, “Even small children have them” (31 years old, Van Kieu). Notably, although San village

11http://vov4.vov.vn/TV/chuyen-vung-dan-toc/dien-bien-5-nguoi-ket-hon-thi-2-la-tao-hon-c1463- 99545.aspx

70 has had electricity since 2000, due to economic hardship, people have to save money by turning off all the lights when night arrives. Without any recreational activities, youngsters in the village go to one another’s homes to drink, meet up by the stream or go to the dam on moonlit nights. Almost all families now have motorbikes, so when they have enough money, young people will go to a café in Cay Xanh town. Mobile phones have also become the most meaningful means of entertainment for adolescents. It is clear that adolescents in the village have become very familiar with technologies like Zalo and Facebook: “We use Facebook a lot because there’s wifi at school.” Girls showed us their photos posted on Facebook and told us about how they date guys via social networks. They do not use the Internet to find information and knowledge, but rather to see photos and watch movies: “As long as one has a mobile phone, one can surf the Net and enjoy it. I often read news, see photos, watch movies… so many things to see. I also send messages and chat on Facebook, see my friends’s photos, even scary photos. I like scary movies and cartoons,” (female, Van Kieu, 20 years old, Da Krong). Given their economic difficulties, low levels of education, lack of recreational and employment opportunities, the practice of child marriage in this Van Kieu community is understandable: “Seeing their children not studying and just lazing around, parents often say, ‘we gave birth to you but you don’t want to study, so you should just get married so that you can settle down and earn a living when we get older.’ Such advice motivates young people to get married at a young age,” (male, 31 years old, village leader, Da Krong). Adolescents’ access to the entertainment world on the Internet is considered a cause of their early sexual activity, which then leads to early marriage: “In the past, di sim meant that the girl and the boy slept outdoors together and only came back home in the early morning. Now they go out together for only one or two hours. But in the past, although they spent the night together, the girls rarely got pregnant. Now most of them get married at 15 or 16 due to premarital pregnancy,” (male, 35 years old, Van Kieu).

Box9: Mobile phones and the Internet help adolescents find partners

“Now adolescents fall in love and get married early because they use mobile phones,” (male, 36 years old, Van Kieu). “Now, they use mobile phones to ask each other out. In the past, girls gathered in a home where guys could visit and ask them out. Now, they can just make a call to ask the girls to go to a café together,” (male, 26 years old, Van Kieu).

“A long time ago, people partied and drank less frequently, so they got married late. Now, due to mobile phones, Facebook, alcohol, parties, and peer pressure, they easily meet one another and get married early. The availability of mobile phones leads to bad behavior and social evils,” (male, 53 years old, Van Kieu). “Now with motorbikes and mobile phones, they can start dating at 12, then get married at 13 or 14. The rate of early marriage (before 18

71 years old) has now reached its peak at 70%,” (male, 26 years old, Hmong, Phinh Giang). “In the past, people got married later because technologies were not as developed as now. I mostly helped my parents working the land and had little access to science and technology. I didn’t know much about it,” (male, 26 years old, Hmong, Phinh Giang). “Now people can flirt via mobile phones. If they like each other, they will get married right away. For example, a friend tells you about a girl and gives you her number. You text her and ask her out. In the past, you had to visit her home, but now you can just talk to her via phone or the Internet, mostly Facebook,” (male, 56 years old, Phinh Giang). “We used to have no mobile phones. Now, thanks to mobile phones, people can communicate very effectively. They can just talk on the phone and ask each other out on a date,” (female, Hmong, Suoi Giang).

“It has become easier for boys and girls to go out on a date. In the past, without phones and motorbikes, they just went out with people in the same village or in some nearby village. Now it’s easier as people have phones, motorbikes and Facebook. They log onto Facebook to find some interesting girl and send her a message. One can get married to a person who lives far away,” (female, 20 years old, Van Kieu).

Some informants in Phinh Giang (Dien Bien) and Tan Lac (Hoa Binh) believed that the popularization of the Internet and social networks, which happened at the same time as the overuse of chemicals in food production, has made early puberty and child marriage more prevalent: “It is partly due to food quality. In the past, 13 or 14-year-old girls still didn’t know anything, they just took care of their sisters, brothers, nieces and nephews. Now some 12, 13-year-old adolescents may look very mature. Technologies, chemicals, mobile phone networks, the Internet, and movie DVDs have exerted a negative impact on adolescents’ way of thinking,” (male, 26 years old, Hmong, Phinh Giang, Dien Bien). It is clear that the introduction of new information brought about by modernization -represented by mobile phones and other telecommunication technologies - has created the upward trend of juvenile premarital pregnancy, and the community’s perspective has become more liberal. They do not encourage premarital sex, but it has been gradually considered normal, as long as the couple gets married later: “Yes, they must have slept together before the girl agreed to get married,” (male, 49 years old, Hmong, Yen Bai); “Couples should sleep together and the girl might even get before marriage… About 40% of Hmong people have premarital sex,” (male, 24 years old, Hmong, Dien Bien); “Honestly, we did have sex before getting married,” (male, 26 years old, Hmong, Dien Bien); “It’s ok to have sex before marriage as long as they love each other. They still get married in the later stage of the girl’s pregnancy when her belly is big,” (male, 23 years old, Van Kieu, Quang Tri).

72 * * *

From economic, cultural and social perspectives, the aforementioned issues expose the roots of child marriage. First, economic hardship in the studied ethnic communities makes “earning a living” the people’s “philosophy of life.” Children are expected to participate in the household economy at an early age, and the lack of employment opportunities feed people’s indifference to education. Second, ethnic patriarchal cultural values force both males and females, including children, to conform to expected gender roles. In patriarchal cultures, love and marriage go hand- in-hand; men are expected to become the pillar of the family, while women are expected to preserve their dignity and become a good mother and a good wife. In addition to these root causes, the development of telecommunication services, social networks, and infrastructure contributes to the child marriage situation at the field sites. Although there is no clear evidence, the reality in Phu Cuong commune (Hoa Binh) shows that the most effective means of reducing child marriage is increasing job opportunities. In Phu Cuong, people said more young people were going to Hanoi to work after the farming season, and so the rate of early marriage decreased because they wanted the opportunity to work and amass savings before getting married.

73 CHAPTER 4: DISCUSSIONS

 Child marriage was a common phenomenon in Vietnamese history, but it is also a contextual phenomenon that depends on specific historical, social and cultural conditions of communities.  Child marriage is a complex cultural and social phenomenon that presents difficult paradoxes, including children’s autonomy and gender inequality in a patriarchal society where girls’ freedom to choose is limited.  The ban on child marriage poses an enforcement dilemma for local authorities; they can only restrict formal weddings, but not the cohabitation of underage couples.

4.1 Child marriage was a common phenomenon in human history Prior to the emergence of human rights discourses, there is evidence that child marriage (marriage before the age of 18) was quite popular in human history. In ancient , around 680 B.C., legal marriage ages stipulated by the state were 20 for men and 15 for women. During the period of war between Wei and Jin dynasties when a large portion of the population was afflicted by drought and famine, the government introduced changes to administrative and legislative regulations, reducing the age of marriage to 15 for men and 13 for women in order to encourage childbirth (Zhang 1991). In ancient Greece, early marriage and childbirth were very popular and preferred by society. Although philosophers like Hesiod, Plato and Aristotle opposed underage mothers giving birth, it was likely because of concerns about maternal and infant death. In general, ancient Greek society preferred marriage and childbirth at a younger ages than today. One of the explanations scholars put forward for this preference was to ensure the purity [virginity] of brides. On the other hand, when a man marries a woman younger, his power in the family structure is solidified and strengthened as the older, more experienced and more independent partner. The man also had a public and more powerful position in society. Thus, early marriage practices have been closely related to the preservation of men’s roles and familial structures across disparate societies, (Demand 1994: 102-3). According to Christian theology, a woman has two ways to wash away the “original sin” Eve brought about: to either become a nun or a mother (Richards 1994: 25-26). In the perspective and worldview of medieval European society, the puberty and fertility of girls means they are ready for marriage and children. In general, girls start puberty earlier than boys, so the age of marriage of girls (12 years) was also earlier than boys (14 years), (Brundage 1987: 434). It can be said that marriage in medieval European society was regarded as a social and economic transaction between two families, and for the purpose of procreation. The practice of child marriage in medieval Europe was greatly influenced by Christian doctrines and ways of living. In addition, the expected role of women in Christian society, which was primarily to procreate and serve the family, also contributed to the promotion and consolidation of this practice. In other areas of the world, like India, it was not until 1978 that the Indian government raised the legal age of marriage to 18. About fifty years prior, the legal marriage age in India was just 12 years old (Raj et al. 2009). For girls and women in

74 Hindu society, getting married and having children was one of the most important milestones in their lives. In a cross-cultural study of marriage and non-marriage in 57 countries around the world, Dixon’s research (1971) revealed that Pakistan, India and Libya are the countries with the youngest average marriage age of women (16 years old), while is the country with the oldest average age (25 years old). The rest is in the middle: in Middle Eastern countries it is 19.6; in Asia it is 20.9; in Eastern Europe it is 21.6; and in Western Europe it is 23.2.12 At the national workshop on child marriage in 2016, ___who__ indicated that there are over 700 million women getting married as a child worldwide; and one in three women - about 250 million – got married before the age of 15. In Vietnam, getting married early was also a fairly common practice in history. The saying, “girl thirteen, boy sixteen” (original: nữ thập tam, nam thập lục), shows that people considered these the puberty ages of boys and girls, and also the ages of marriage. In another common saying, there is little sympathy for women expressed: “Married at 13, I already have five children at 18” (original: Lấy chồng từ thủa 13, đến năm 18 em đà năm con). The Dai Viet Su Ky (Annals of Dai Viet), the official historical text of the Tran dynasty, recorded the peaceful transfer of power between the Ly and the Tran dynasties under the hands of Grand Chancellor Tran Thu Do. The transfer occurred via a marriage between the 6-year-old Ly Chieu Hoang and 8-year-old Tran Which nation? Must clarify thisCanh, after which the last king of the Ly dynasty brought her husband to the throne to start a new dynasty. According to the book, Ly Chieu Hoang was supposedly infertile, so it was not until she was 15-years-old that she started having children. The book also records that in the Tran Dynasty, Tran Du Tong got married at 13 years old, and at 15-years-old he was diagnosed with impotence. His older sister, Princess Thien Ninh, who was married nine years before her brother, used her body to cure his illness. Some French studies also show that Vietnamese women in the late nineteenth century started sexual intercourse and gave birth at a very young age, and had many children. Dr. Mondière, in interviews with 234 Vietnamese women, commented that more than half of these women had sex before they were 15 years old. "Usually an Annamese woman has sex for the first time when she is 14 years and 10 months old." It is also noted that women were recognized as adults when they were 16 years and 4 months old (Nguyen Thuy Linh 2016: 23). In 1891, in the journal “L’Anthropologie,” published in , M. Camille Paris wrote that Vietnamese women had an average of five children in a span of 7-8 years. have corresponding phrases, "one child each year” (orginial: sinh năm một), and, “two children in three years” (original: ba năm đôi). Before 1945, the three regions of Vietnam had three co-existing marriage and family codes: the Dan Luat Gian Yeu (Simplified Civil Code of 1883 - Cochinchine), the Dan Luat Bac Ky (Tonkin Civil Code of – 1931), and the Dan Luat Trung Ky (Annam Civil Code of 1936-1938). In addition to their commonalities, such as recognizing and considering parental consent to a child's marriage as critical, there are differences in marriage ages. The Simplified Civil Code regulated that the marriage ages be 14 for female and 16 for male, yet the Tonkin Civil Code regulated that the marriage ages be 15 for female and 18 for male (Nguyen Huu Minh 1996). Since the establishment of the

12Ruth B. Dixon (1971): “Explaining cross-cultural variations in age at marriage and proportions never marrying,” Population Studies: A Journal of Demography, 25:2, 215-233

75 Democratic Republic of Vietnam (DRV), the practice of early marriage was considered a "remnant of backward feudalism" and therefore must be abolished. The 1959 Marriage and Family Law was the first marriage and family law of the DRV state that imposed a ban on underage marriage (20 for male and 18 for female) and in an effort to remove, "remnants of feudal forced marriage." Thus, it can be seen that early marriage was once a popular practice that was widely accepted in history in both Western and Eastern societies, including Vietnam. Discourse about the "progressiveness” and “civilization” of a new society under the DRV government, which was deemed more progressive than the ‘backward’ feudal society, made underage marriage a “remnant” of the past and a “serious problem” to be fixed. With the emergence of a human rights discourse (the first Universal Declaration of Human Rights by the newly formed UN in 1948, and later on in other human rights instruments), child marriage is now considered an "evil" and a violation of human rights. The assessment of child marriage issues in ethnic minority communities should be seen in the general picture of the historical context we noted above.

A flyer stating, “Underage marriage is a social evil,” (a health station in Quang Tri).

4.2 The paradox of child marriage: Choice and inequality? The issue of child marriage is contextual, it depends on both historical and socio- economic contexts. According to people at the field sites, throughout history, the rate of child marriage has fluctuated, and has recently increased. The issue of child marriage should thus be seen through the interplay of causes just presented in the above chapters, among which, modern technology (mobile phones and the internet) plays a significant role in the recent uptick. On the other hand, the current state of child marriage shows that there are many paradoxes that are difficult to resolve, such as children self-determining their marriage decisions all the while living in asymmetric social relationships determined by patriarchal values. For example, as social life becomes more modernized and global via the Internet and Facebook, child marriage has increased. The more education is

76 centralized in boarding schools, the more likely children are to fall in love and drop out to get married; or ethnic customs both maintain and reduce child marriage, etc.

Gender inequality: Women's choices?

Although kids make the decision to get married themselves, there is an imbalance in the final word between the two sexes. After dating for some time, boys are usually the ones who propose, give a small amount of money as a guarantee, and then urge their family to give offerings to the girl's family. In Quang Tri, boys often only finish secondary school and then go to work in the field. When they raise the topic of "offerings," their girlfriends are often going to secondary school; it is one reason that girls do not want to continue on to higher education. Stories in Tan Lac also show that while most young men married when they were over 18 years old (might not be full 20 years old according to the regulations of the state), many of the wives were relatively young. Although children are less aware of the consequences of child marriage (as described above), there have been many studies and surveys showing how girls' lives and development potential are directly affected: early marriage limits girls' ability to speak up and control decisions in the family; they are dependent on their husbands and in-laws, have no access to education, and face a higher risk of physical and (Raj et al. 2009, Santhya et al. 2010, Jain and Kurz 2007).

For girls, it seems that going to school and marrying cannot co-exist. Some like going to school but in the end they must choose; they often choose dropping out of school. Vi, a girl married at 16, said that she decided to marry due to anger towards her parents. Her parents wanted her to take a one-year break from school to look after her brother's child while he went to work. Vi got married as a reaction: "My parents didn't want me to get married, let alone get married early. They said that it was tough, and told me to stay at home and wait until I was eighteen or nineteen years old. But I still wanted to get married. I was too angry; I wanted to go to school, not to look after my brother's child. My parents said that if I didn't go to school this year, I could go next year. They told me to take a year off to look after the child so that my brother and sister-in-law could go to work. So I got married right away," (girl, 19 years old, Van Kieu, Quang Tri). Compared with men, girls are not only more restricted in terms of educational investment, but also less privileged in other matters such as the division of inheritance or having a voice in important family decisions. That wives have to be controlled by their husbands in every social interaction is still a common way of thinking today. Reduced social networks also make many girls feel bored, lose their freedom and have little access to outside information. As a result, the self-control and self-esteem of women are reduced after marriage, and eventually, women become dependent on their husband's decisions. Thus, in an ethnic society with patriarchal values, girls don't have many options and, thus, marriage appears to be an easy choice. In recent years, parents have started to change their minds, with many saying that they would choose to prioritize educational investment in the child who likes to go to school and has good academic grades, regardless of gender. Although there is still gender bias in family activities and labor, the change in parents' educational investment strategies is a positive development in advocating for in the locality.

77 Customs as an adjustment mechanism Research papers on child marriage in ethnic minority groups often emphasize the "inertia of traditional culture" and the "persistence" of customary practices as the main causes of child marriage (Ministry of Justice 2013, Report of the Committee on Ethnic Minority Affairs 2014, John et al. 2014, Vu Manh Loi/UNFPA 2016), from which there is a tendency to eliminate customs that are considered backward. This view is one-sided and does not appreciate the importance of customs in the ethnic minority groups. It cannot be denied that the customs and traditions of ethnic minorities (e.g. di sim and amercement of Kieu people, or wife-pulling of Hmong people) have contributed significantly to the creation of opportunities for children to get married. In other words, ethnic customs have socially legitimized the dating of boys and girls at an age that is considered mature, though legally underage, and bound them by early commitments to marriage. This comes from the nature of the relationship between an individual and their ethnic community. In these ethnic societies, members of a community are closely linked; a lot of villagers are relatives. Even if they are not relatives, they never exist as an independent individual, but rather as a constituent element dependent on, and bound by, overlapping relationships in the village. An economic life that stresses self-sufficiency and labor-intensive agricultural activities makes humans rely on one another for survival. The village of Van Kieu people in Da Krong is self-contained in a small space, and surrounded by stilt houses often without fences. Each individual's behavior and their relationships with others are easily watched and monitored by those in the community. Similarly, in the Muong and Hmong villages, no matter how close or distant geographically, each individual is governed by the pressures of one’s interpersonal relationships and the ethical standards of the community. Those whose behaviors are considered as violating norms (pre-marital sex, pre-marital pregnancies, non-marital childbearing in the village, abandoning partners after di sim, running away after being pulled to the husband's house, etc.) are punished by custom. This is done especially in the form of spiritual punishment (Divine punishment), and one is also responsible for righting their wrongs (by making offerings to deities and paying the fines to avoid misfortunes for the whole village). Therefore, for people in the community, "love is for marriage" has become a notion ingrained in the mind of each person. Customs related to ethnic marriage ceremonies show the imprint of patriarchal values. Customs such as demanding a bride price have both an economic function - compensating for the loss of labor of the bride's family - and the function of ensuring patriarchal values in which women are kept dependent. The transfer of some property from the groom's family to the bride's family is a common custom in many ethnic minorities. Anthropologists often call it “the price of marriage” (bride price), which is an expression of a bride's ability (in labor and childbearing). These customs limit women. If a girl has received a bride price, she has no choice but to marry because if she does not, her family will often have to pay back twice as much. On the other hand, the custom of paying a bride price objectifies the bride; the groom’s family has bought her so to speak, and so she often has little power when living with her husband's family. However, if we look from another angle, traditional practices also help to minimize child marriage and ensure happiness in family life. According to many Hmong people in Suoi Giang, Phinh Giang, and Van Kieu people in Da Krong, men used to marry late because the bride price was often paid in silver, equal to several buffalos.

78 Therefore, families in difficult circumstances had to wait until they accumulated enough silver to get married: "Before, people got married later than today because they needed to have enough silver. Now they use cash instead, and the amount isn't too much, so people get married early," (male, 56 years old, Hmong, Yen Bai). "Before, the groom's family had to give the bride's family whatever they asked for. Now if the groom's family don't have something, the bride's family will simply let it go, so getting married is easier," (male, 53 years old, Van Kieu, Quang Tri). For Van Kieu people in the past, the family would be very happy if they had a daughter because the bride price was 12 silver bars; if the groom's family did not have enough silver, they had to ask the bride's family to reduce the price. Thus, in the old days, families that had many sons were often very poor. If they had no money, they could not get married. At present, the bride price is paid in cash or gold, and even if there is no money, the two families still allow the couple to get married. If they do not, the girl may get pregnant and they will have to pay the village fines, which is even more costly. The simplicity in new marriage customs has enabled more families to organize weddings for their children. According to a father in Da Krong, he had to get a bank loan of 15 million dong to pay the bride price for his daughter-in-law, not to mention the pigs and chickens needed to hold the wedding. But that is still very cheap compared to before: "In the past, to get a wife we had to pay a bride price of six silver bars and buffalos, but when we’d get a divorce, the man only received back a fake silver bar," (male, 53 years old, Van Kieu, Quang Tri). In Phinh Giang (Dien Bien), the engagement ceremony has become much simpler and less costly than before. Instead of white silver, the groom's family prepares a pig, ten liters of wine, and about 2 - 3 million dong to give the bride's family members. Until about ten years ago, they only needed pork, wine and five hundred thousand dollars to give the bride's parents. The bride's family will receive the gifts, then both families will make offerings to the ancestors. has Some have suggested that because the cost of marriage has reduced, the age of marriage has also lowered, as it no longer takes men many years to accumulate money to get married as before: "Previously, the amount of money for engagement and wedding ceremonies was higher, so people got married at an older age. Now it costs less, even nothing in some other villages, so the number of children who have married early has also increased," (male, 43 years old, Hmong, Dien Bien). Going out helps boys and girls get to know each other, and provides the girls with more choices before deciding to marry, helping avoid domestic violence: "I got married at 16 years old, not through di sim but through matchmaking, so I knew nothing about my husband's family. My husband is good, but his family is very cruel. They beat me so severely that I had to be hospitalized for a month. If I could turn back time, I only wish I could have done di sim; I will also tell my younger sisters to di sim before getting married," (female, 20 years old, Van Kieu, Quang Tri).

4.3 The policy against child marriage: A dilemma

Don't know/conceal real data

79 Although the first Marriage and Family Law in 1959 mentioned the ban on child marriage, it was not until recent years that local authorities have started to campaign for it strongly. This renewed effort comes from the Vietnam Law on Marriage and Family of 2014, which took effect on 1/1/2015. The new law defines the marriage age for men as “men from 20 years or over, and women from the age of 18 or over," (Clause 1, Article 8). Child marriage is also forbidden by the second clause of Article 5. Previous to the 2014 law, Clause 1 of Article 9 of the Marriage and Family Law No. 22/2000/QH1013 stipulated that the marriage age was "20 years old or over for men, 18 years old or over for women;" it also failed to state that child marriage was forbidden like Article 10 does in the 2014 law. Since the enactment of this new law, local authorities have strongly promoted the propaganda against early marriage (according to their date of birth) and strengthened their handling of such cases. The new discourse on child marriage which refers to it as, "a social evil" that "breaks the law and will be subjected to criminal proceedings," has become integrated into the propaganda used in villages, and in the leaflets used at health stations. Article 47 of the Decree No. 110/2013/ND-CP, which details the fines for child marriage, is also used by many localities as propaganda: "A caution or a fine of between VND 500,000 and 1,000,000 shall be imposed for acts of organizing marriage for persons who are under ; A fine of between VND 1,000,000 and 3,000,000 shall be imposed for acts of deliberately, illegally maintaining conjugal relationship despite the Court’s decision to coercively terminate that relationship." The harsh sanctions and charges that local authorities are now responsible for enforcing has led to the concealment of actual data: the locals try to hide from the authorities, the subordinate authorities seek to hide from their superiors, and the superior authorities do not want to make public the data for fear of losing their status or titles. In the localities we studied, the numbers provided by authorities were often different from the actual data that we got from the interviewees. In Hoa Binh, the initial feeling of our research team after arriving at the site and conducting several interviews with local officials was that there were very few cases of early marriage and that it was not a representative site to study child marriage. The numbers provided by commune officials were inconsistent (e.g. saying there were seven to nine cases of child marriage in 2016, out of just 28 cases in the whole Tan Lac District). Both the number of couples that were "fined" and the amount of the fine were not accurate: some officials said they had fined two couples, two million dongs each; some said that they had only threatened but fined no one since they all canceled the marriage; and yet the locals said that they were fined one million dong. However, the commune officials could not explain clearly the inconsistent data they gave, neither the number of children or couples of child marriage nor their statistical methods. Some officials believed that this was the number of early (child) married couples in which both the wife and the husband were

13 The Marriage and Family Law 2000, Article 10. Circumstances where marriage is forbidden Marriage is forbidden in the following circumstances: 1. Married people; 2. People who have lost their civil act capacity; 3. Between people of the same direct blood line; between relatives within three generations; 4. Between adoptive parents and adopted children; between former adoptive parents and former adopted children; between fathers-in-law and daughters-in-law, mothers-in-law and sons-in-law, stepfathers and stepchildren, stepmothers and stepchildren; 5. Between people of the same sex.

80 under their respective legal ages. However, this was offered only as a personal estimate, not a reply to the question of whether local authorities report cases where only one of the couple is underage, or whether the data of each commune is duplicated when people from two different communes were married. When asked about child marriage in previous years, commune officials stated that before the revised Marriage and Family Law 2014, localities had many cases of child marriage but did not count the number since the law did not stipulate any fines. Only since the minimum sge of marriage was raised to 18 for women and 20 for men, and child marriage became forbidden, that the commune authorities started to collect data and implement measures to enforce the marriage age. In Quang Tri, the previous baseline survey found that 15 children got married early in the village, but in fact, the rate might be higher (in fact, many children did not remember their exact date of birth, or relatives lied about their children's age when filling out household and marriage registration forms). Even local authorities themselves did not know the actual number of child marriages. In Suoi Giang (Yen Bai), the town center is 12 km from the Van Chan District General Hospital and 24 km from the Nghia Lo Town General Hospital. The majority of Hmong people in Suoi Giang gave birth at home, so commune authorities do not know the number of children under 18 years of age who were married and/or gave birth. Even in cases where Hmong women gave birth at health stations or hospitals, commune authorities only have access to the data collected at Suoi Giang Commune Health Station. It is not available if people give birth in Van Chan district, Nghia Lo town, Yen Bai city, or other medical facilities. In Dien Bien, like the other three sites, data on the rate of child marriage in Phinh Giang commune provided by commune authorities was different from reality. Although local officials were relatively open when discussing the topic of child marriage in the area, they still expressed some hesitation when asked about local statistics. In our interview with representatives of local authorities, namely the vice chairman of the Commune People's Committee and the head of the Commune Health Station, both admitted that the staff could not collect the actual, accurate statistics on cases of child marriage. The head of the Commune Health Station explained that because people did not register for marriage, or registered late (as they were underage at the time of their marriage), it was difficult for the judicial officials to collect the data: "It is very hard, for example, the statistics of the judicial side don't match that of the medical side, because the former counted only officially married couples, including those who registered their marriage after being married for nearly a decade and having children; while the latter counted the actual number at that time. So the marriage statistics don't match," (a commune health official, Dien Bien). Additionally, authorities sometimes do not know the actual number because locals hide it, so if the village official does not report it, the commune cannot get the accurate data: "Only when the village head discovers and knows information about their household registration, birth registration, or social insurance and reports it to the commune do the authorities know..."(male, 25 years old, Phinh Giang, Dien Bien); “If the village head doesn't report it, the commune won't know anything,” (woman, 37 years old, Phu Cuong, Hoa Binh); "I live in this area so I know everything, they can't hide their age from me," (village head , 27 years old, Da Krong, Quang Tri).

Enforcement measures and reactions of the people

81 Among the field sites, the authorities of Phu Cuong commune (Tan Lac, Hoa Binh) were the most decisive in addressing the issue of child marriage. After the new Marriage and Family Law of 2014, Phu Cuong commune's authority started to control and handle cases of child marriage. They had not done anything in previous years despite the rate of child marriage being very high. To prevent early marriage, they have used a number of measures such as making families in the whole commune sign a declaration to not get married early, which has been implemented since January 2016. They also used administrative sanctions, criticism and threats. Along with propaganda against child marriage, some were even filmed by a television station for a documentary on child marriage. We can see that the government has been so successful in emphasizing the negative and “sinful” side of child marriage that when the research team approached some parents whose children married early, their first reaction was to apologize, give excuses, and even thank us because they thought we came to "consult about child marriage." We are even thankful for the thought that we came to "counsel on child marriage." These measures seem to be effective because the rate of child marriage in the commune has decreased after authorities tightened their control, although it cannot be completely attributed to this since many young men and women have married later because of the recent trend of moving away to work for more money. When campaigning against child marriage, local officials in Phu Cuong commune, Tan Lac often mentioned that people would lose certain civil rights if they married early, such as not being "able to register the marriage, or to receive insurance for childbirth" (male, 52 years old, village head)." Other consequences were mentioned:"There would be no father's name on the child's birth certificate. It is difficult to add the father's name later because now data is managed by a software system; if anything is added, it must be permitted by the authority," (commune official, 37 years old); and Ggovernment schemes, such as health insurance - poor households and cultured households would be cut off," (35 years old, Women's Union official). At the same time, the direct consequences of child marriage such as effects on the education and health of both mother and child are also widely known. According to an official of Phu Cuong commune, the statutory fine is 1 million to 3 million VND. From 1/1/2015 to 1/7/2015, the commune fined each of the families whose engagement ceremony had been held 1 million dong. After 1/7/2015, the fine has been increased to 2 million dong. The Chairman of the commune confirmed that the fine helped limit many cases of child marriage. To further emphasize the seriousness of child marriage, local officials also: associated child marriage with the crime of sexual intercourse with children; compared child marriage with rape cases; and threatened to imprison offenders: "People who married early would consider those as threats against them; there are also ordinances... If they still decide to intentionally marry, we would handcuff the MC, the bride and the groom," (male, 37 years old, village head). "There were two cases in this commune. Those two were obviously in love but they were only sixteen years old. They had sex, then the girl's family discovered and told him to marry her, but he didn't. So they filed a complaint and the boy had to go to jail for six years," (male, 37 years old, village chief, Hoa Binh). However, besides several cases that were fined in Phu Cuong in 2016, the sanction is only formal and authorities find it difficult to enforce the sanction - they stop at the level of notification or "threat."

82 In Suoi Giang (Yen Bai), there are no sanctions for child marriage for Hmong people. This regulation only appeared in the 2000s and was included in the village’s customary laws. According to regulations from 2011, the fine was 300,000 VND/person. Recently, the fine has increased to 1 million VND for each year that they are under the legal age. For example, if a 16-year-old girl marries a 19-year-old boy, it means that the husband must pay for being one year underage, and the wife must pay for being two years underage, in total they would be fined 3 million VND. Only the village heads have been informed of the new policy but it has not yet been applied: "It [the regulation] was passed in meetings in the commune, but no one has been fined yet, although there are many applicable cases. I mean, the regulation was proposed in meetings, but we haven't seen anyone being fined. But only if they register their marriage when they're underage will they be fined... Once they've made it public, it's hard to stop them. Not only the locals, but also the officials can't intervene in many cases," (male, 36 years old, Hmong, Yen Bai). In Da Krong (Quang Tri), the commune officials said that the rate of child marriage had increased, despite campaigning and threatening to fine those who married underage in 2016. In 2017, they were going to "threaten" to fine those violating the regulation for 5 million VND. However, commune officials admitted that, "we only threaten to fine them, it's unlikely that we can collect the fines. They have no money to pay it." The locals also did not believe that the fine could be enforced: "They said that several days after the marriage that they would pay the fine, but they didn't," (male, 49 years old, Hmong, Yen Bai); "Tell them to pay a 5 million fine, where could they get the money to pay it?" (male, 27 years old, Van Kieu, Quang Tri); "When I married my husband, my parents [in Van Yen] were fined 1 million, but my parents told them, 'she got married because she herself wanted to, leave her alone,' and they didn't pay any fine," (female, 21 years old, Hmong, Yen Bai). Regulations also put local officials in a hard place because even though they are officials, they are also members of the ethnic minority community. They do not want to be harsh, "because all of them are my friends are brothers; it's difficult," (Quang Tri). This is easy to understand because they are in a social network that includes close relationships with their family and fellow villagers. Interviews with locals have shown that local officials not only know, but also participate in child marriages as family members, guests, or even the one presiding over the wedding (male, 47 years old, Hmong, Dien Bien). Although officials campaign against child marriage and threaten to impose fines, deep down inside, they still sympathize with the violators since they and their parents also married early: "People got married earlier in the past and thought that was normal; but now we have the law, so we have to follow the law," (male, 37 years old, commune official, Hoa Binh); "We still have to campaign against it, but if we meet those families, we have no choice but to sympathize with them. I used to do the same before," (female, 35 years old, Women's Union official). With Hmong people, local officials also do not dare be harsh on young couples, fearing that they might cause trouble for their families by running away, or worse, committing suicide: "Now, if they go to government agencies to register their marriage, they wouldn't be eligible since they are both underage, so how can we solve that? If we fine them, they would have no money to pay that fine. If we're too harsh, they would say that such laws of the state could make children commit suicide by eating poisonous leaves, which would increase the burden on society. To be honest, we can do nothing but

83 campaign against child marriage. If a couple is underage, we let them be and wait until they're old enough to make them officially married. So if they're underage, we still allow it as long as they live happily and don't fight with each other," (male, 37 years old, Dien Bien). On the other hand, local authorities also leave open the possibility of birth registration for children of those who married early, but these cases will be marked so as to later add the marriage certificate when both parents are old enough: "On the judicial side, if we let them register their marriage while they're underage, it means that we don't comply with the law. That is, we still let them register, but we mark their cases and refuse them by telling them to come back when they're old enough. That's all," (male, 36 years old, Dien Bien). From the people’s perspective, there is a contradiction between the state's discourse on child marriage and its implementation in reality. The results of qualitative interviews show that most people were aware that child marriage is a violation of the law. Television and the local propaganda, as well as being reminded often and threatened with fines, has ingrained the concept of child marriage and its illegality in many people's minds. Not only at the commune level, but some hamlets and villages also set up their own village sanctions (e.g. Phu Cuong fines one million at the commune level, and an additional 500,000 in the village). However, people continue to violate the regulation, and the rate of child marriage has trended upwards over the past five years (though it did decrease in 2016 in Phu Cuong commune). It is noteworthy that some people understood the regulation as only demanding that one pay a fine, not forbidding child marriage. They thought that if they paid the required amount of money, they would be allowed to get married: "According to the law, after paying the fine, we can get married," (female, Muong, Hoa Binh); "It only asks us to pay money. It doesn't ban early marriage, so we don't have to worry. We still have to pay the fine though," (male, 56 years old, Hmong, Yen Bai). Thus, many people think that they have to follow the law, but that the ideal age to get married is still lower than the legal limits. In Phinh Giang (Dien Bien), when the interviewer asked about the marriage age in the community and the ideal time to marry, respondents said that if the government did not impose regulations, nearly all men and women interviewed, both young and middle-aged, believed the ideal age was 13 - 16 years of age for women, and 15 - 20 years of age for men. The strong propaganda on the criminalization of child marriage and the threat of prosecution, imprisonment, or deprivation of the titles for poor households and "new cultured families" scare people more than administrative sanctions, since the fines are not too high and they can ignore them. In general, people in Phu Cuong (Hoa Binh) believed that they had to follow the law, "but it has to be fair. There's no way that one family is fined while another isn't." A 35-year-old father said that people were afraid of being fined. Some families intended to organize a wedding for their children, but after seeing others being fined, they gave up their plan. Even for the families whose fines were not too severe, they still did not dare organize the marriage for fear of being criticized, "taken as an example" and "talked about" by others. Girls who married early said that before 2015, when the government was not strict about child marriage, many people "got married en masse" when they were still underage: girls often married when they were 15-16, and boys at the age of 18-19. A girl said that child marriage should not be encouraged because, "Marrying early is tough; it's better to get married when we're old enough," (female, 19 years old, Muong, Hoa Binh). Some took a more critical stance against the government's policy on marriage ages.

84 The concerns of the public about the recent sanctions imposed by the government are various. Children now fall in love early, so if early marriage is forbidden then couples who have been in love for a long time would be unable to get married and they might get bored and break up. Others critique the fact that even if the government bans child marriage, couples still hold a customary ceremony and live together, as is the case of a 14-year-old girl who is now living at her husband's house despite not being “married.” Children's lives are made riskier because, "If they are abandoned, there's nothing they can do about it," (female, 35 years old, Muong, Hoa Binh). A mother said: "If they don't get married while they're in love, I'm worried. But if they do get married, I'm also worried because their marriage is banned by the government. I don't know what to do. It’s such a dilemma." A 17-year-old Muong girl said that she had come to live at her husband's house and had children. Initially, her husband loved her, but, "Now he has changed his heart and no longer loves me. It seems that he's having an affair with another girl, but I can't leave him as we don't have a marriage certificate, and he doesn't let me take my children with me." Others at the field sites were concerned with discrimination that results from the difference in boys and girls’ legal marriage ages. Boys are more likely to be fined because the marriage age for men is 20 years old , and yet boys in these localities finish 12th grade at the age of 18 and tend to get married immediately after finishing school. For boys who have dropped out of school earlier (usually after finishing secondary school, such as in Da Krong), this may lead to situations in which youngsters become “mischievous” and/or “spoiled” because they have nothing to do. For young mothers, they feel sad because their children cannot get a birth certificate, or even if they do get one, the certificate will not have their father's name on it: "We're told that if we get married early without the marriage certificate, we can't get a birth certificate for our child. If we still get one, they only put the grandparents' name on the paper, not the names of the parents," (female, 20 years old, Van Kieu). This leads to lying about ages and finding ways to get around the legal restrictions to get married legally: "When I got married in 2012, I was only 16 years old. I was born in 1996, but when my husband's family applied for a household registration, my identity card and an insurance card for me, they claimed my year of birth was 1993. When we got married, they only looked at our household registration paper and made my insurance card based on that,” (female, 21 years old, Van Kieu, Quang Tri). Thus, local authorities’ enforcement mechanisms only aim at restricting weddings of underage couples. In fact, the government cannot prevent underage couples from living together. Underage couples can still perform customary ceremonies (giving offerings and inviting their relatives), move in together and have children, although they cannot register their child's birth or at most just write the mother's name on the birth certificate. Only when they are old enough do they register their marriage and hold an official wedding. The authorities have difficulty with enforcement. They use sanctions to, "mainly threaten," but they admit that, "the fines are heavy, so it's unlikely that we can fine them since people don't have the money to pay,” ( ). They may use propaganda, but it often is a hollow gesture; although local officials threaten to fine violators, they often end up even joining illegal marriage ceremonies because of their village relationships: “I have to go because they've invited me," ( ). The issue of child marriage – a deeply embedded cultural practice - requires more comprehensive solutions than inflexible, blunt legal remedies.

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CONCLUSIONS This report contextualizes the issue of child marriage in ethnic minority communities within the drastic economic, social, environmental and ecological changes that affect them. This report reflects on the recent child marriage discourse that has shaped the ways the topic is treated today. Popular national and international discourses often regard children as "victims" of forced marriage from men, from parents or from social institutions. However, looking at child marriage through the lens of children as "victims" may limit our understanding of the subjectivity and contextual factors behind such marital practices (Ross 2003, Archambault 2011, Wilson 1997, Wilson and Mitchell, 2003). If one truly approaches the topic from the perspective of victims, men and parents should also be seen as victims of the social, economic and ecological pressures, and of the constraints of patriarchal society (Archambault 2011). These binary discourses emphasize the opposition between the victim - the pest, the traditional - the modern, the backward - the progressive, the traditional customs - the new culture, the individual right - the community right ... This frames our understanding of culture, and limits one’s ability to elicit different dimensions of a local culture – which can be flexible, diverse, rigid and without boundaries all at the same time. The reality of child marriage shows that this is a complex, multi-dimensional issue that embraces often-conflicting notions and pressures. Research shows that the majority of child marriage cases in the study were voluntary, self-determined, and the family only fulfills their expectations. However, international human rights law states that children do not have enough maturity and information to make a decision as complex and as life-changing as getting married. Children are perceived as lacking the cognitive, financial and legal capacities needed to handle marital problems independently or under the law. On the other hand, life pressures (e.g. marriage pressure from the community, livelihood concerns, or a lack of other choices) make the criterion of "voluntary" marriage no longer sufficient. Additionally, from the human rights perspective, the fact that girls are often more disadvantaged makes child marriage a discriminatory injustice that the state is obliged to remove. Girls have difficulty accessing counseling services and health care for mothers. They lack the protection and assistance of mass organizations when dealing with issues like domestic violence; Group of children of children . Underage married couples also have problems in exercising their rights: they are not allowed to fully register their children’s births; and some localities do not allow birth registration at all as a form of punishment. This is one reason for the poor quality of birth registration information. Underage couples also have difficulty accessing health care services because they do not have health insurance cards because of trying to get around legal age limits. However, from an anthropological perspective, the practice of children marrying continues because it has environmental, economic, social and cultural roots. This study examines four areas with three different ethnicities (Hmong, Van Kieu and Muong) who, despite being exposed to popular national and international child marriage discourse, continue to understand and interpret the practice of child marriage differently. The practice of child marriage is further affected and sustained by the realities of their lives. Surveys at the four field sites with the three ethnic minorities show that the practice is resistant to with anti-child marriage discourses. Prevailing discourses on

86 human rights emphasize the duality of the victim - both perpetrator and preserver of tradition - both modern and yet backward - both progressive and yet customary - both concerned with individual as well as collective rights. have framed our understanding of culture and limited our ability to open up different dimensions of the local culture, which is flexible, diverse, with its wholeness and nonexistence of rigid borders. Like in other cultures, there is a close link between the ideas and practice of 'love' and 'marriage' in the life of the Muong, Hmong and Van Kieu people in this study. Couples’ desire to be together when in love leads to a decision to bond through marriage, from which they can build a family. Thinking that marriage is an inevitable and necessary destination of love has become a notion maintained and strengthened in ethnic minorities, through the personal process of receiving education from their families and community. Cultural norms - based on patriarchal values in which men are family heads while women are wives and mothers, and within a community life that revolves around "making a living" to survive - govern all awareness and practices of love and marriage. Because "making a living" is highly valued, almost all activities serve this purpose. Living in conditions that require children to contribute physically and economically to their families, ethnic minority children are considered mature earlier than communities that accept and define the legal age of marriage. Men and women who have reached adulthood are expected not to enjoy life, but to focus on working. If education does not meet that goal, it also becomes secondary. Looking at the five basic functions of the family (reproduction, economic, education, socialization, health care, and the fulfillment of psychological, emotional and spiritual needs), families in “modern society” have gradually lost or minimized the reproductive function and replaced it with a consumption function,. For ethnic minorities, the family is still an important unit of production. In the context of ethnic cultures, child marriage helps perform this function. The factors that affect child marriage expose many paradoxes. Factors encouraging the practice of child marriage include: the maintenance of patriarchal norms and values; gender role expectations (girls are often marginalized and have fewer opportunities than boys); lack of land; poor ecosystems; low material living conditions; population growth; difficult access to education at the high school level; lack of information about reproductive health; few job opportunities; and lack of healthy entertainment. Other factors and stresses include: access to modern means of communication, such as the Internet, Facebook and Zalo; investment in infrastructure, particularly transport; the opportunity to go to boarding schools; the increase in number of private vehicles (motorbikes); the popularity of television; and the simplification of traditional marital rituals, which have lowered the financial pressures of marriage. All have contributed to the recent rise in early marriage, which has become more common than before. All this seems to refute popular discourses that blame the “backward customs” of ethnic minority groups as one of the main causes of child marriage in mountainous communities. Most surprisingly, it is not traditional customs, but rather the introduction of modern cultural ideas and technologies that are the real catalyst behind recent child marriage behaviors in ethnic groups. These contradictions of popular thinking show that the problem of child marriage cannot be seen as a legacy of "tradition" and patriarchal cultures that are cruel to women, but must be looked at holistically, truly accounting for the multi-dimensional relationships between all the contextual factors. Ethnic communities have experienced rapid change driven by

87 external forces, while their traditional structures that once offered them a balanced and sustainable development (e.g. sustainable livelihoods, diverse choices, etc.) have been shaken. Child marriage has become a way to cope with these social upheavals, a "strategy" that brings a sense of livelihood security, sexual control and preservation of children’s morality. In other words, in a context of poverty and limited choice, the increase in child marriage rates in recent years can be viewed as a strategic reaction of ethnic communities’ loss of livelihood security and as a response to the risks of social life in a modern era.

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GENERAL RECOMMENDATIONS At the community level  Encourage the creation of leisure spaces and activities, life skills and ethics training for the youth, which will help them improve their capacity to make better and more appropriate decisions about marriage.  Strengthen communication and training to raise awareness of gender inequalities, and help girls raise their status in the family, community and in marriage decisions (focus on educating men).  Girls should be better equipped with knowledge and skills, and be provided with sufficient information so that they can make better and more appropriate decisions.  Build mutual assistance (peer) networks for girls to seek advice and support in both marriage and post-marriage decision-making.  Promote reproductive health education in schools and communities for children in secondary schools to help them take care of themselves and improve their ability to prevent unwanted pregnancies. Disseminating reproductive health knowledge to parents so that they can better guide their children will also help reduce the incidence of child marriage, especially among children who drop out of school. We should also normalize the use of contraceptives in such a way that it does not conflict with people’s morality. Finally, we must ensure that the youth have easy access to reproductive healthcare and counseling services.

At policy and communication levels  There is a need to change the current discourse on child marriage. We should stop propaganda that blames “backward customs” as a main cause of child marriage. The findings of this report indicate that, while some traditional customs of ethnic minorities may create favorable conditions for child marriage, other traditional customs actually limit the occurrence of early marriage. Spreading propaganda that it is a “social evil” in the local area only leads people to conceal it, creating conflicts in the community. Communications should emphasize the positive aspects of later marriage ages and the better opportunities it affords children.  Policies and proposals to reduce child marriage should be developed in conjunction with more comprehensive policies and measures (positive communication strategies, motivate youths, increase the number of schools near villages, expand employment activities, improve livelihood development, create healthy leisure spaces, etc.).  Child marriage occurs within a broad socio-economic context, and there are differences in each locality and region. It is necessary to have research input and community consultations in each locality to find out the factors that motivate or reduce child marriage, and develop strategies accordingly. Communities need to participate actively in intervention activities.  Localities should obey the laws to ensure children’s best interests and rights, and should not delay the granting of birth certificates to children of early-married couples as a form of deterrence or punishment.

89  The reduction in rates of child marriage should not be included in local emulation criteria, as this will not only fail to improve the situation, but create shortcomings as well. The local mentality of running after achievements and satisfying norms will lead to concealing or providing inaccurate data. This has created many difficulties for organizations trying to learn about and support the reduction of child marriage.

SOME ADDITIONAL RECOMMENDATIONS FOR FIELD SITES

Quang Tri  Develop a livelihood diversification strategy for people and pilot new livelihood models of livestock appropriate for narrow and low quality land.  Provide skills-training for workers to increase their competitiveness in the job market.  Build and strengthen mutual assistance (peer) network for girls as a basis for them to make marriage decisions or to handle issues that may arise after marriage.  While domestic violence is common among Van Kieu people, there is no effective mechanism for reporting domestic abuse. It is important to bring the issue of domestic violence to the community for wide acknowledgement and discussion, helping children become fully aware of the complexity of marriage (rather than looking at marriage through rose-colored glasses).  Create healthy recreational spaces and activities for the youth, combined with vocational guidance.

Yen Bai and Dien Bien, Hoa Binh  Create healthy recreational spaces and activities for the youth, combined with vocational guidance.  Build more schools in/near the villages instead of making children go to school in the communes.  Raise men’s awareness of gender equality.  Empower girls’ voices in decision making. Develop support and intervention mechanisms to reduce the risk of girls getting married in forced bride kidnapping (literally “pull wife”) when they are not ready.  Raise awareness about different and diverse options for girls other than marriage. Develop counseling and support mechanisms for unplanned pregnancies, and reduce the incidence of eating poisonous leaves as a means of suicide.

Hoa Binh  Develop vocational guidance programs for the youth, including skills in selecting, finding and applying for jobs, along with essential soft skills to increase their competitiveness in the job market. Develop skills that will help them adapt to new environments. Along with vocational guidance, there is a need for networking activities that provide information about job opportunities for young people.  Create spaces and activities for life skills education and healthy recreation for the youth.

90 REFERENCES Baulch, B., Nguyen Thi Minh Hoa, Nguyen Thi Thu Phuong and Pham Thai Hung. 2009. Poverty among ethnic minorities in Vietnam. World Bank Hanoi. Ministry of Education and Training. 2016. Official Dispatch No.4406/Bgddt-Gddt on September 8, 2016 on Teaching Implementation Task in School Year 2016-2017 for the Education of Ethnic Minorities: Congress. Ministry of Education and Training and UNICEF. 2013. "Out-of-school Children in Vietnam: A Country Study." Hanoi: UNICEF. Retrieved. (http://www.uis.unesco.org/Education/Documents/viet-nam-oosci-report- vietnamese.pdf). Ministry of Justice. 2013. Summary Report on the Enforcement of Marriage and Family Law 2000 (15 July 2013). Congress. Ministry of Health. 2014. Report No.1121/Tb-Byt on November 6, 2014 on the Concluded Opinion of the Minister of Health at the conference "Enhancing Quality of Health Care in the Northern Uplands", organized in Dien Bien Province on October 17, 2014. Congress. Brundage, James A. 1987. Law, Sex, and Christian Society in Medieval Europe. Chicago, IL: University of Chicago Press. Cummins, Deborah. 2017. Teenage Pregnancy and Early Marriage: Research on the Decision-Making Pathways of Young Women in the Municipalities of Covalima, Aileu and Dili. UNFPA and Plan International. Demand, Nancy H. 1994. Birth, Death, and Motherhood in Classical Greece. Baltimore, MD: Johns Hopkins University Press. Dixon, Ruth B. 1971. Explaining cross-cultural variations in age at marriage and proportions never marrying. Population Studies: A Journal of Demography 25(2): 215-233. Do, Thi Quynh Huong. 25/10/2016. “Child Marriage Has Negatively Affected the Population Quality.” Paper presented at the National Conference on Child Marriage, Hanoi, Vietnam. Goodale, Mark (2006). “Ethical Theory as Social Practice”. American Anthropologist, vol 108, issue 1, pp.25-37 Jones, Nicola, Elizabeth Presler-Marshall and Tran Thi Van Anh. 2014. "Early Marriage among Viet Nam’s Hmong: How Unevenly Changing Gender Norms Limit Hmong Adolescent Girls’ Options in Marriage and Life." Vol. London: Overseas Development Institute (ODI). Jones, Nicola, Elizabeth Presler-Marshall, and Tran Thi Van Anh. 2013. “Gender justice: listening to the aspirations and priorities of Hmong girls in Viet Nam.” Overseas Development Institute. Le Strat, Yann, Caroline Dubertret, and Bernard Le Foll. 2011. “Child Marriage in the United States and Its Association with Mental Health in Women.” PEDIATRICS 5/2011: 524-530. World Bank. “Overview of Vietnam.” Updated on 26/9/2016. Accessed: 20/1/2017. http://www.worldbank.org/vi/country/vietnam/overview

91 Nguyễn, Thị Hương, Pauline Oosterhoff, and Joanna White. 2011. “Aspirations and realities of love, marriage and education among Hmong women.” Culture, Health and Sexuality: An International Journal for Research, Intervention and Care 13(2): 201-215. Nguyen Thi Tu. 25/10/2016. “Overview Report on Socio-Economic Situation and Some Recommendations on Solutions for Child Marriage in Ethnic Minority Areas.” Paper presented at the National Conference on Child Marriage, Hanoi, Vietnam. Nguyen Thuy Linh. 2016. Childbirth, Maternity, and Medical Pluralism in French colonial Vietnam, 1880-1945. New York: University of Rochester Press. Nguyen, Tran Lam. 2008. “Reproductive Health of Hmong People in Ha Giang: A Study in Medical Anthropology.” United Nations Population Fund in Vietnam. Plan-International. 2016. “Child Marriage.” Updated on 26/12/2016 (https://plan- international.org/because-i-am-a-girl/child-marriage#). Plan International Australia. 2014. Just Married, Just A Child: Child Marriage in the Indo- Pacific Region. Preis, Anna-Belinda S. 1996. Human Rights as Cultural Practice: An Anthropological Critique. Humang Rights Quarterly 18(2): 286-315. National Assembly. 1960. Marriage and Family Law. Congress. National Assembly. 2014. The Marriage and Family Law adopted by the 13th National Assembly of the Socialist Republic of Vietnam in 7th session, June 19, 2014. Congress. Quốc hội Khóa XIII. 2016. The Child Law adopted by the National Assembly of the Socialist Republic of Vietnam in 11th Session, April 5, 2016. Congress. United Nations Children's Fund (UNICEF). 2013. “Ending Child Marriage: Progress and Prospects.” Assessed: 20/9/2016. http://data.unicef.org/corecode/uploads/document6/uploaded_pdfs/coreco de/Child-Marriage-Brochure-HR_164.pdf Raj, Anita, Niranjan Saggurti, Donta Balaiah, and Jay G. Silverman. 2009. “Prevalence of child marriage and its effect on fertility and fertility-control outcomes of young women in India: a cross-sectional, observational study.” The Lancet 378(9678): 1883-1889. Richards, Jeffrey. 1994. Sex, Dissidence and Damnation: Minority Groups in the Middle Ages. Hove, UK: Psychology Press. General Statistics Office and UNICEF. 2015. Monitoring the situation of children and women: Viet Nam Multiple Indicator Cluster Survey. Trang Thi Giang (2010). Child marriage and its impact on the population/family planning program in Hmong area of Moc Chau district, Son La province. Bachelor’s thesis, the Department of Ethnic Culture, Hanoi University of Culture. Committee for Ethnic Affairs. 2014. Report No. 28/Ttr-Ubdt on December 27, 2014 on Approving the proposal "Reduction of Child Marriage and Consanguineous Marriage in Ethnic Minority Communities." People's Committee of A Luoi District, Thua Thien Hue Province. 2013. Plan on June 20, 2013 on the Prevention of Child Marriage and Consanguineous Marriage in the period 2013-2017 And Orientation towards 2020. Congress.

92 People's Committee of Huu Lung District, Lang Son Province. 2015. Plan on October 22, 2015 on the Implementation of Proposal on “Prevention of Child Marriage and Consanguineous Marriage among Ethnic Minority Communities in 2015-2020” in Huu Lung District. Congress. People's Committee of An Giang Province. 2015. Decision No. 41/2015/QD-Ubnd dated December 1, 2015 on the Enactment of Construction Procedures and Recognition of Hamlets' Conventions in An Giang Province. Congress. People’s Committee of Gia Lai Province. 2015. Plan No. 5762/Kh-Ubnd of Gia Lai Province dated December 17, 2015 on the Implementation of Proposal on “Prevention of Child Marriage and Consanguineous Marriage among Ethnic Minority Communities in 2015-2020” in Gia Lai Province. Congress. People’s Committee of Phu Tho Province. 2015. Plan No. 4016/Kh-Ubnd dated September 30, 2015 on the Implementation of Proposal on “Prevention of Child Marriage and Consanguineous Marriage among Ethnic Minority Communities in 2015-2020” in Phu Tho Province. Congress. People’s Committee of Yen Bai Province. 2015. Proposal on Population - Family planning in 72 Communes with Specially Difficult Circumstances of Yen Bai Ơrovince over the period of 2016-2020 (Approved under Decision No. 28/2015/QD-Ubnd dated 31/12/2015 of the People's Committee of Yen Bai Province). Congress. UNFPA (2008). Reproductive Health of Hmong People in Ha Giang: A Study in Medical Anthropology, written by Dr. Nguyen Tran Lam. Hanoi 2008. Vu Manh Loi, and Nguyen Huu Minh. 25/10/2016. “Child Marriage in Vietnam (UNFPA &UNICEF).” Paper presented at National Conference on Child Marriage, Hanoi, Vietnam. World Vision. 2016. “Forced and Early Marriage.” Updated on 26/12/2016 (https://www.worldvision.com.au/global-issues/work-we-do/forced-child- marriage). Yarrow, Elizabeth, Kara Apland, Kristen Anderson, and Carolyn Hamilton. 13/6/2017. Getting the Evidence: Asia Child Marriage Initiative. Coram Children’s Legal Centre (CCLC) and Plan Asia. Zhang D. 1991. “Changes of marriage age in ancient China.” Ren Kou Xue Kan April(2): 34-7.

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Further readings Archambault, Caroline S (2011). “Ethnographic Empathy and the Social Context of Human Rights: “Rescuing” Maasai Girls from Early Marriage”. American Anthropologist, vol 113, No 4, pp.632-643. Brown, Dan. 2016. "Early Marriage in Vietnam: Who Gets Married Early and What Is Early Marriage Associated With?" Vol. Hanoi. The United Nations Convention on the Rights of the Child following the General Assembly resolution 44/25 of 20 November 1989 (United Nations 1989). Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) (translated and introduced in 1979 by the National Committee for the Advancement of ). ChildFund Vietnam. 2015. "Province-level Children Forum 2015: “Listen to Children”." Vol. Hanoi: ChildFund Vietnam. Committee for Ethnic Minority Affairs and UN Women. 2015. "Briefing Note on the Situation of Ethnic Minority Women and Girls in Vietnam." Vol. Hanoi. Dang Duc Phu and Trinh Thi Kim Ngoc. 2013a. "Overview of Child Marriage and Consanguineous Marriage in Vietnam and in the world." Paper presented at the Conference on the “Situation and Solutions to Reduce Child Marriage and Consanguineous Marriage among Ethnic Minorities”, Hanoi. Dang Duc Phu and Trinh Thi Kim Ngoc. 2013b. "Overview of Child Marriage and Consanguineous Marriage in Vietnam and in the world." Paper presented at the Conference on the “Situation and Solutions to Reduce Child Marriage and Consanguineous Marriage among Ethnic Minorities” on July 2, 2013 in Hanoi, Vietnam. Do Ngoc Tan, Nguyen Thi Thanh, Dang Thi Hoa, Nguyen Thu Nam, Dinh Van Quang, Hoang Kien Trung and Duong Van Minh. 2003. "Several Marriage and Family Characteristics of Hmong and Dao Ethnic Minorities in the two Provinces of Lai Chau and Cao Bang.” Vol. Hanoi: National Committee for Population, Family and Children. FitzGerald, Ingrid. 25/10/2016. “Child Marriage – International & Regional Perspectives.” Paper presented at National Conference on Child Marriage, Hanoi, Vietnam. Goodale, Mark and Sally Engle Merry (eds) (2006). The practice of Human Rights: Tracking Law between the Global and Local. Cambridge: Cambridge University Press. Vietnam Association for Protection of Children's Rights (VAPCR). 2015. "Report No. 87/Bc-Hbvqte on May 25, 2015 on Association Activity in 2014 and Mission for 2015.” Vol. Hanoi: Vietnam Association for Protection of Children's Rights (VAPCR). Hong Anh Vu. 2010. "Report on Gender Inequality among Ethnic Minority Communities.” Vol. Hanoi: Oxfam, ActionAid, iSEE, Caritas.

94 Institute for Studies of Society, Economy and Environment (iSEE). 2010. "Assessment on the Access to and Utilization of Legal Services by Ethnic Minority Women." Vol. Hanoi: iSEE. Jain, Saranga, and Kathleen Kurz. 2007. “New Insights on Preventing Child Marriage: A Global Analysis of Factors and Programs.” International Center for Reseach on Women (ICRW), representing for Pact Inc. Assessed on 12/10/2016. Myers, Juliette. 2013. Untying the Knot: Exploring Early Marriage in Fragile States. Edited by World Vision. Nguyen Thi Tu. 2013. "Child Marriage and Consanguineous Marriage from the Gender Equality Perspective.” Paper presented at the Conference on the “Situation and Solutions to Reduce Child Marriage and Consanguineous Marriage among Ethnic Minorities” on July 2, 2013 in Hanoi, Hanoi. Santhya, K.G., Usha Ra, Rajib Acharya, Shireen J. Jejeebhoy, Faujdar Ram, and Abhishek Singh. 2010. “Associations between early marriage and young women’s marital and reproductive health outcomes: Evidence from India.” International Perspectives on Sexual and Reproductive Health 36(3): 132-139. Prime Minister. 2005. Decision No. 106/2005/Qđ-Ttg of the Prime Minister on Approving the Vietnam Family Construction Strategy in 2005-2010 (May 16, 2005). Congress. Prime Minister. 2015. Decision No. 498/Qđ-Ttg of the Prime Minister on Approving the Proposal “Reduction of Child Marriage and Consanguineous Marriage among Ethnic Minorities in 2015 - 2025” (April 14, 2015). Congress. General Statistics Office. 2011. 2009 Vietnam Population and Housing Survey. Age-sex Structure and the Marital Status of the Population in Vietnam. Hanoi: General Statistics Office and UNFPA. General Statistics Office. 2015. The 1/4/2014 Viet Nam Intercensal Population and Housing Survey: Major Findings. Hanoi: General Statistics Office. Tran Van Phong. 2013. "Consequences of Child Marriage and Consanguineous Marriage in some Ethnic Minority Communities in Vietnam." Paper presented at the Conference on the “Situation and Solutions to Reduce Child Marriage and Consanguineous Marriage among Ethnic Minorities” on July 2, 2013 in Hanoi, Hanoi. United Nations Children's Fund and Innocenti Research Centre. 2001. "Early Marriage: Child Spouse." Vol. Florence, Italy. Committee for Ethnic Minority Affairs. 2014. Report No. 28/Ttr-Ubdt on December 27, 2014 regarding the Approval of the Proposal “Reduction of Child Marriage and Consanguineous Marriage among Ethnic Minorities". Congress. Committee for Ethnic Minority Affairs. 2014.2015a. Decision No. 439/Qđ-Ubdt on August 13, 2015 on the Issuance of the Plan to Implement the Proposal “Reduction of Child Marriage and Consanguineous Marriage among Ethnic Minorities" in 2015 - 2020 (1st phase). Congress. Committee for Ethnic Minority Affairs. 2016. Decision No. 138/Qđ-Ubdt on March 30, 2016 on the Issuance of the Plan to Implement the Proposal “Reduction of Child Marriage and Consanguineous Marriage among Ethnic Minorities in 2016”. United States Congress.

95 World Vision. 2015. "Final Report 2015." Vol. Hà Nội: World Vision.

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