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, 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 , 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 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

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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’

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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

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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. Leave taken without permission often lived on-site, accommodation arrangements. resulted in wage penalties, fines or dismissal. Street based and freelance workers described informal arrangements with pimps, protectors Venue based workers had the most clients per and procurers, with whom they negotiated a day, with women providing sexual services to commission or fee in return for permission to between 6 and 10 clients on an average day work safely in a particular area, for and as many as 30 during busy periods, while recommending clients, for transport and for men serviced between 3 and 5 clients per day, protection. and up to 10 on busy days. Freelance and street-based workers regularly services up to 5 3: Workplace conditions clients per day.

The study explored a range of employment Most workers earned more than the minimum conditions, including 1/ work hours, 2/ leave wage and more than the estimated living and rest entitlements, and 3/workload and 4/ wage. Indirect female sex workers tended to wages. report higher rates per client compared to direct sex workers, however their monthly Working long hours is not uncommon in income was similar. Street based workers Vietnam, and closely linked to the lower wage reported earning lower total month incomes. than living wage, particularly in low skilled labour and the informal economy. In fact, sex 4: Occupational Safety and Health workers highlighted one of the advantages of working in the sex industry was having fewer There is a wide variety in the quality of the and more flexible work hours; freeing them to physical conditions of the workplaces, where fulfil other responsibilities. While flexible, and sex is negotiated and sold. At one end of the better than other options available to them, spectrum are public spaces, , cheap full time workers regularly worked between cafés, restaurants, karaoke bars, and massage ten and twelve hours each day. Part-time parlours - usually frequented by lower waged workers fit sex work around other work, labourers and local residents. At the opposite education and life commitments. Venue end, are well maintained, expensive dance owners, managers and procurers felt that the bars, discotheques, spas, massage parlours and long hours were acceptable and did not regard restaurants, which are usually frequented by a the time spent at work waiting for clients as higher paying clientele. work.

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Viet Nam’s Sex Industry - A Labour Rights Perspective

Undercover brothels have the poorest about one third were HIV positive and of these, facilities, with workers complaining of dirty, three were currently taking ART. Most of the cramped, poorly ventilated spaces with no transgender workers had been tested for HIV places to rest and concerns about their and some were tested regularly, though none security and safety. Street-based workers felt provided details of their testing to unsafe, raising concerns about heavy road interviewers. Most of the male workers had traffic and air pollution, with high risks been tested recently for HIV; however, of associated with working in public alongside those tested, about one-third reported a drug dealers, with regular police raids, and negative HIV test results but about half either persistent fears of theft and violence. did not disclose their test results or had not returned to collect them Generally, men felt their health was normal, without serious illnesses. Most of the Overall, consistent use was low, transgender workers believed their health had particularly given this sample was drawn from not changed as a result of their work selling sex a more accessible group of workers, already but was generally good. However, about two- engaged with outreach and peer based HIV thirds of the women said that they felt their services. Women workers spent time general health had worsened after beginning explaining their health benefits to clients and work in the sex industry, citing a range of requested they use them; however, only about physical and psychological illnesses and one third refused clients if they did not. The injuries. Only two women felt their health majority of men and almost all but one of the improved after their marriage ended and they transgender workers reported that they always gained economic independence through sex asked clients to use and refused work. service to those who did not.

Gonorrhoea and inflammation of the vaginal Factors that influenced workers’ ability to and anal skin were the most common day-to- negotiate condom use were described by the day work related health problems specified, women as: their ability to convince drunk or with anecdotes of high levels of drug use, HIV drug affected clients, often mediated by their and/or hepatitis C amongst their co-workers. fear of physical violence if they refused; financial incentives - when clients offered more Employers reported that HIV was the biggest money to have sex without condoms; health risk facing workers and therefore a risk knowledge – workers explained their to their businesses. To protect their workers commitment to condom use only followed and their business reputation, some venue awareness and education; supportive managers described mitigating HIV risks by workplaces – venues with rules and regulations providing information to workers, supplying that either reinforce or undermine the condoms and lubricant, encouraging regular workers’ decision to use condoms; their trust health checks and helping to intervene with in their regular clients and intimate partners; difficult clients. knowing their own HIV status.

More than half of the women workers Workers who reported drug use attributed it reported having recent HIV tests – only six said with helping them to work longer hours and they were tested regularly. Of those tested, serve more clients. Some used drugs or drank

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Viet Nam’s Sex Industry - A Labour Rights Perspective alcohol to please clients. For some, drug use additional payment, being gang rape, being was a precursor to sex work and for others, forced to have sex with employers and drug use was adopted after entering the sex authorities in exchange for job security or industry. Most transgender workers reported punishment avoidance; economic - including that they did not use recreational drugs at all clients refusing to pay or paying less than and most of the male workers assured agreed, theft of property, unfair or corrupt interviewers that they were not addicted to administrative fees and fines. alcohol or drugs. In contrast, a larger proportion of the women workers said they 5: Social protection either are currently or have used drugs in the past - two were currently taking methadone to The study explored health service use, health treat drug addiction. insurance coverage and access to legal protections. Violence against the workers in this study was endemic – it was reported in all work place Transgender workers reported regularly settings and by almost all workers. Street was accessing free voluntary HIV counselling and the highest risk work environment for violence testing services and actively maintaining their and women workers were the most likely to health. However generally, health service experience it. Venues offered some protection usage described by male and female workers is from violence but did not eliminate it, and the low, with only a small proportion regularly standard of protection was inconsistent accessing health services. Most only accessed between venues. Even within venues, the health services when they were experiencing a workers described instances of physical and current health problem and, although there is sexual violence and other forms of abuse at little information in the interviews, there the hands of their employers, clients, police seems to be a high rate of self-treatment of and other authorities. common ailments, like gonorrhoea, through local pharmacies. The highest potential risk of violence for this group of workers came from clients, Health insurance coverage is generally low particularly drunk or drug affected clients, and amongst all informal workers in Viet Nam - due pimps and employers, police and duty bearer, to its perceived poor value for money and with other commonly named perpetrators specific access barriers. This generally low including street ruffians, gangsters, drug users, uptake is reflected in this sample with few money lenders, and intimate partners. workers holding current health insurance. Of these, only one was paid for by the worker Workers reported a range of types of violence directly, three were supported by their and abuse including: verbal abuse – being parents, one through a college enrolment and humiliated and threatened; physical violence - two were covered under the government being forced to drink alcohol, being slapped, scheme for poor households. beaten and chocked; sexual violence - including being forced to succumb to rough, Legal protection is limited by the social evils humiliating and violent sex, to engage in narrative, which perpetuates stigma and unprotected sex, being detained by clients for policies that criminalize sex work and foster periods longer than agreed and without discrimination, violence, abuse and corruption.

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Viet Nam’s Sex Industry - A Labour Rights Perspective

Seeking legal assistance would expose sex Recognising that much of the sex industry is workers to the additional risk of being associated with the entertainment and tourist humiliated, publicly shamed, abused and industry and that many of the same workplace possibly subject to administrative sanctions practices are experienced not only by sex once the duty bearer discovered they are sex workers but also by entertainment sector workers. workers, the tripartite partners should:

According to workers, venue owners, 3. Support informal economy employers managers and procurers, their greatest and workers to identify existing good protection lies within the relationships they workplace practices, as the bases of built with local government staff and police, beginning a dialogue for the setting of including paying cash bribes, providing them employment standards for with free meals and drinks, allowing them to entertainment venues in Viet Nam. have sex for free and allowing them to be the first person to have sex with new workers. 4. Train and support labour inspection units to understand and promote good Workers felt that the new sex work workplace practice standards within administration laws were an improvement but entertainment venues, to begin to that they were not perfect, with harsh fines improve a range of workplace rights and fostering ongoing abuse. Most were and conditions for both the workers unaware of their specific rights under the and the general public that use current laws. entertainment venues.

6. Recommendation 5. Develop a strategy to extend the right to association to entertainment sector In order to begin to address the harm caused workers, to organise, negotiate by Viet Nam’s long running and damaging workplace agreements and improve social evils narrative, the tripartite partners industry standards. (the government, employer, and worker representatives) should: Given much of the abuse that sex workers experience is underpinned by stereotyped 1. Reframe the public debate around sex gender roles and gender inequality, especially work, by developing a rights-based for women and sexual minorities, the tripartite narrative and begin to raise awareness partners should: of the harm caused by the social evils ideology to both workers and the 6. Build understanding and awareness of broader community. the negative economic and social impact of the gender stereotyped roles 2. Explore realistic, evidence based of men and women at work. approaches to the regulation and administration of sex work that 7. Amongst the tripartite partners, build protects workers from institutional and understanding of the importance of a community based stigma, fare wage and wage equality, as an discrimination and abuse. essential first steps in addressing the

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Viet Nam’s Sex Industry - A Labour Rights Perspective

underlying vulnerability of workers, Social protection for sex workers is limited by particularly women workers. specific barriers to access, like location based services and value for money but also by the Although sex work is illegal, sex workers could discrimination and abuse that workers begin to address the high levels of workplace, experience within service delivery, particularly community based and institutional stigma, health, police and other protection services. In discrimination and abuse more effectively order to address these problems, the tripartite through collective action. The tripartite partners should: partners should: 11. Directly challenge the ideology of the 8. Strengthen community based social evils narrative as the primary organisations’ capacity to meaningfully driver of institutionalised discrimination represent sex workers, to protect their against sex workers, especially within access to existing rights and to improve the health and police services. industry and workplace conditions generally. 12. Strengthen efforts by representative community based organisations to help 9. Support Vietnam Network of Sex raise sex workers’ capacity to reorient Workers and other sex worker groups service delivery to improve access to to develop and advocate for industry social services, including health services wide standards for the sex industry. and legal protection. While not legally binding, the process would provide a forum for workers and 13. Explore ways to support efforts to employers to consider and clarify strengthen local anti-corruption workplace standards. measures, to ensure duty bearers have the capacity to fulfil their The workers in this study indicated a high level responsibilities to protect all of understanding and commitment to using Vietnamese workers, especially the condoms. However, there are clearly factors most vulnerable and including sex outside the workers direct control, related to workers. workplace culture and practice that limit workers ability to maintain consistent condom Contact information: use with clients. The tripartite partners should: ILO Country Office for Viet Nam 48-50 Nguyen Thai Hoc Street, , Viet Nam 10. Conduct research within individual Tel: (84-4) 3734 0907 workplaces with higher rates of Website: www.ilo.org/hanoi condom use to understand what Facebook:www.facebook.com/Vietnam.ILO/ factors within the workplace facilitate and strengthen consistent condom use HIV and Vulnerable Populations Project – sharing and promoting successful, Pham Thi Thanh Huyen protective practices to other National Project Coordinator workplaces. Email: [email protected]

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