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Viet Nam's Sex Industry – a Labour Rights Perspective a Qualitative Study

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Viet Nam's Sex Industry – a Labour Rights Perspective a Qualitative Study VIET NAM’S SEX INDUSTRY – A LABOUR RIGHTS PERSPECTIVE A QUALITATIVE STUDY – SUMMARY REPORT ‘Decent work’ has become the guiding contemporary image of an acceptable working A total of 73 male, female and life. It involves opportunities for work that is transgender workers working in adult productive, delivers a fair income, security in entertainment businesses, on streets, or the workplace, social protection for families, as freelancers, 22 pimps and 15 better prospects for personal development representatives of local authorities, mass and social integration, freedom for people to organizations and civil society express their concerns, organize and organizations in Ha Noi, Hai Phong, Khanh participate in the decisions that affect their Hoa, Ho Chi Minh City and Can Tho were lives and equality of opportunity and invited for in –depth interviews. treatment for all women and men. The concept is situated at the convergence of four Ten focus group discussions were fundamental principles and rights at work: conducted with additional roughly one freedom of association and collective hundred of sex workers. bargaining; elimination of forced or compulsory labour; child labour; and The study also consisted of (i) a desk discrimination. Decent Work also embodies a review, providing a Summary of the sex commitment to promote opportunities for industry in Vietnam, and (ii) a women and men to obtain decent and consultation workshop on the draft productive work, in conditions of freedom, report and review by external experts. equality, safety, fair income, and human dignity. The notion of Unacceptable Forms of Work The International Labour Organisation (ILO) in aims to articulate the specific types of Viet Nam is currently working with the employment or working conditions that deny Vietnamese government and other partner fundamental principles and rights at work, put organizations to improve the working at risk the lives, health, freedom, human conditions of workers in entertainment service dignity and security of workers, and keep sector, particularly ones likely to engage in sex households in conditions of extreme poverty, work, and to strengthen their access to social and therefore, should be eliminated as a protection as well as HIV prevention, care and matter of priority. Tackling Unacceptable treatment. Forms of Work recognises both the social vulnerability that places groups of workers at The sex industry in Vietnam predates the higher risk as well as the social context within colonial era and has continued through which these unacceptable forms of work exist. reunification and into the present day. Over Critical dimensions of Unacceptable Forms of time the size and scale of the invisible sex Work are the lack of (i) physical integrity, (ii) industry has varied in response to the political human dignity, and (iii) empowerment. and social climate of the day, with the most 1 Viet Nam’s Sex Industry - A Labour Rights Perspective recent estimates suggesting there are about they lived directed primarily at their expression 101,272 sex workers, including 72,000 female of sexuality and gender. Men believed they sex workers in Vietnam. The industry is most were better able to conceal their involvement visible in larger cities and often centred on in sex work but acknowledged if their tourist destinations. occupation became known they would be looked down upon and shunned by their family In order to better understand the industry and communities. from a labour perspective, this qualitative study was conducted to explore: the structure Forced Labour and operation of the sex industry in Vietnam; the conditions of work within the sector; Being deceived into selling sex was rare and appropriate responses to address elements of none of the workers reported having been unacceptability and working conditions that made to pay a bond or of being indebted to breach the fundamental principles and rights their employer. However, many venue based at work. workers have their movements controlled by employers through various means to limit their The study findings are organised around five ability to change employers, to minimize their key areas of interest: 1/ fundamental principles visibility as sex workers in their local and rights at work, 2/employment practices, communities, to limit their ability to take 3/workplace conditions, 4/occupational safety clients independently, to work longer hours or and health, and 5/ social protection. to provide services they may otherwise choose to decline. 1: Fundamental principles and rights at work Violence, and the fear of it, was reported in all work place settings and by almost all workers. Equality and discrimination Street was the highest risk workplace for violence, and women workers were the most The experience of stigma and discrimination likely to experience it. Male and female was universal among the workers, who workers named employers as one of the most reported police and duty bearers, as well as likely perpetrators of violence in the family and communities as perpetrators. workplace, including most commonly verbal However, health services were reported as the abuse in the form of being humiliated and most common context within which it occurs. degraded in public, being physically assaulted, and being compelled to have sex against their Women reported being negatively treated wishes and without payment in return for job because of their involvement in sex work but security or as a form of punishment. also more broadly, because of societal judgements about their being single, All of the live-in male venue based workers independent, working women who do not reported having their original papers held by conform to stereotypes and/or assumptions their employers, and one male and one female about their involvement with stigmatised non-residential venue based worker had been health issues, drug use or criminality. Similarly, asked to leave their identity papers with their transgender workers reported experiencing employer. The venue owners and managers verbal slurs within the communities where reasoned that they needed their workers’ 2 Viet Nam’s Sex Industry - A Labour Rights Perspective identity papers to show to the police security reduction, and community re-integration checks; the workers believed it was to better service to 4,800 current or past sex workers. control them. Workers described financial Significantly, recent legal and administrative penalties as an industry norm, with fines changes have seen an end to arbitrary imposed for missing a night of work or if they detention of sex workers and an increase in were late from a break or absent when a client some legal protections. called. 2: Employment practices Child labour Venue owners, managers and procurers No workers involved in this study were under preferred workers who appeared young, the age of eighteen at the time of their healthy and good looking and people who interview. However, six female and two didn’t have a drug problem and could transgender workers interviewed were communicate well with clients. Most often between 15 and 17 years old at the time they workers approached the employers directly, first began to sell sex. The workers believed having heard about either the venue or the reason children were not visible (in this individual managers and the possibility of study group) is that they are hidden within work. Occasionally employers directly venues where managers and, sometimes, approach experienced sex workers with offers authorities collude to conceal them. of work, while most placed recruitment notices within venues and on websites. One venue Freedom of association and collective owner said she regularly returned to her home bargaining town to recruit workers. Sex work is illegal in Viet Nam and the policies Seventy-two of the seventy-three workers that regulate it stem from an ideology that surveyed for the study and all but one of the frames sex work and sex workers as “social focus group participants reported that they evils”. In line with this ideology, there is no had entered the sex industry voluntarily. Their legal or industrial framework governing the sex main motivation is their increasing burden of industry that would allow sex workers to financial responsibility, particularly for the realise their labour rights, nor to act women who were often sole providers - collectively for improvements in wages and responsible for children, parents as well as conditions. unemployed spouses and siblings. Some chose to sell sex to pay for the cost of a family health Similarly, under the laws that govern civil crisis. Some others entered sex trade to society organisations, it is not possible for sex support recreational drug use (their own workers to form self-governed community and/or their spouses). Some saw it as a means based groups that have a legitimate voice in to express their own sexuality and to meet decision making. However, within the current their own sexual needs. Others viewed the sex limitations, key actors have demonstrated a industry as a way to enjoy their life, to make strong track record in recent years in reforming money and mix with people and experience a the industry. Vietnam Network of Sex Workers lifestyle they would otherwise never have. has been established as a network of 29 self- help groups providing health and harm 3 Viet Nam’s Sex Industry - A Labour Rights Perspective None of workers had contracts that referred to Freelance workers take leave and rest breaks their duties as sex workers, with one worker at will, while venue based workers were able describing entertainment industry contracts as to take leave from work with permission – “fake” – used only to mislead authorities. usually between one and three days at a time. Venue based sex workers had verbal While on leave, almost none of the workers agreements covering working times, services received pay or other entitlements. Two venue on offer, locations where sexual services could based workers reported having to pay their and could not be provided, client fees, employer in order to take leave - in management fines and fees, wages, leave compensation to the venue for its loss of their entitlements and in cases where the worker income.
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