V. Human Rights Abuses of Street Children
Although less visible in Hanois tourist areas than in the past, street children continue to be vulnerable to routine sweeps by police, mistreatment, and subsequent arbitrary detention. Their low status in Vietnamese society and their lack of visibility means that when they are picked up and detained, very few people know where they have been sent, nor is there oversight regarding their treatment. They are largely held incommunicado: most have no contact with family, lawyers, or others who could help them. This opens the door to even more abuse. Vietnam is a party to both the International Covenant on Civil and Political Rights (ICCPR)87 and the UN Convention on the Rights of the Child (CRC). Both human rights treaties set out rights to which children are guaranteed under international law and which Vietnam has agreed to respect, protect, and fulfill in practice. 88 The experience of street children who are arrested and placed in detention at facilities like Dong Dau indicates that street children are not in practice enjoying the protection or exercise of many of these rights. Round-up campaignsPolice in Hanoi routinely conduct round-up campaigns to clear public areas of homeless people and street children. Of the street children who have been picked up by police in Hanoi, a 2003 survey found that more than half said they were rounded up as part of mass sweeps and arbitrary round-ups, rather than on suspicion of committing specific crimes.89 Most of the children are picked up for activities that are not specifically defined as crimes: shoe shining, begging, and street vending. Some are detained for lack of identification or residence permits (ho khau).90 Street cleaning campaigns result in the rounding up and detention of large numbers of children living on the streets, are by their nature arbitrary and violate several of Vietnams international legal obligations. Arbitrary arrests and detention are contrary to both the ICCPR91 and the CRC.92 Any deprivation of a childs liberty must be carried out in accordance with law, be for a legitimate purpose, be for as short a period as possible, and take place only as a last resort. The rounding up of children living on the streets that have not or are not reasonably suspected of having committed any crime is a policy of dubious legitimacy. Where this policy is not implemented for the purpose of reuniting children with family or guardians, or of placing them in appropriate and adequate alternate care where they can access education and health services, its legality comes under further question. Governments may and should pursue legitimate policies that seek to prevent children from living on the street and protect them from harm and exploitation whilst on the street. Indeed, the CRC requires the state to provide special protection and assistance to children who are temporarily or permanently deprived of their family environment.93 Nevertheless, our research suggests that the round ups of children in Hanoi often are primarily carried out to make them less visibleparticularly to visitors to Vietnamrather than to further their best interests. The combination of the questionable authority on which police detain these children, the purposes for which they are detained, and the absence of any judicial process or oversight for their detention renders the detention of these children following massive sweeps arbitrary and unlawful under international law. Most children interviewed by Human Rights Watch said they were picked up from public placesparks, restaurants, tea houses, and streetsby between two and four regular police officers or members of Canh Sat 113 (an emergency mobile police force), sometimes together with brown- or green-uniformed government security guards (bao ve),who patrol the lake areas and other tourist spots.94 In some cases, many children are rounded up at the same time and put into police vans, which are often stationed across the street from Hoan Kiem Lake. A typical arrest of a street child might involve being suddenly grabbed by police or security guards on motorbikes, being driven to the local ward police station for processing, and then driven in a police van to a Social Protection Center. One boy described his arrest during a police sweep a year earlier, when he was 18:
Police custodyAfter arrest, the children are typically brought to a nearby police station where their personal details are recorded, their possessions confiscated, and they are held for up to eight hours, until enough people have been gathered to fill a police van to transport them to Dong Dau. Denial of due processThe children interviewed by Human Rights Watch say they are rarely told why they are being detained, rarely charged with any offence, rarely provided with someone to represent their interests (not to mention access to legal counsel), and rarely provided with an opportunity to challenge their detention. Social workers interviewed by Human Rights Watch confirmed that this is often the case.96 While it would appear that most street children are detained in accordance with administrative laws, rather than the criminal law, this does not deprive them of their basic rights under international law. These include the right to be informed of their reasons for detention, access to legal representation, permission to notify their family of their detention, and the right to challenge their detention.97 The children interviewed by Human Rights Watch said that police did not allow them to contact their families or friends while in police custody, nor did the police inform their parents or guardians that the child had been arrested and was being sent to Dong Dau. A social worker who works with street children in Hanoi confirmed that this is a regular pattern, and described one particular case:
Vietnams 2003 Penal Procedure Code states that authorities must immediately notify childrens families or legal representatives after children are arrested or detained.99 The evidence that street children are not afforded these basic rights indicates that Vietnamese national laws as well as its international legal obligations are being violated. Abuses in police custodyMany of the street children interviewed by Human Rights Watch reported that they were physically abused by police during their arrest and detention at police stations. Trang described being beaten at the police station:
Other children recounted abuse such as being struck on the head with wooden sticks; being tied with electrical wire and hit; being slapped; being struck with electric batons; and having their arms twisted.101 Private or government security guards in markets and parks who sometimes help round up children for the police are also guilty of ill-treating street children. A 14-year-old boy who collects plastic bags in Dong Xuan market described how he was beaten by a guard in the market before being sent in a police van to Dong Dau.
Such treatment of minors and excessive use of force is contrary to international standards on child protection, and Vietnams international human rights obligations in general which prohibit corporal punishment of children in custody and forbid use of force by law enforcement officers beyond that which is strictly necessary in the circumstances (see further below).103 In addition, Vietnams Law on Child Protection prohibits torture and mistreatment of children, and corporal punishment of juvenile offenders.104 According to Christian Salazar-Volkman, a consultant for UNICEF, police in Vietnam have been trained in juvenile justice standards.105 She states that awareness-raising campaigns and workshops in Hanoi have improved the conduct of Vietnamese police towards children in conflict with the law. However there are still reports of beatings of children by the police Surveys of street children reveal fear of being arrested by the police, as harsh treatment, including shouting and beating, might take place.106 Fear of policePeriodic street sweeps by police that lead to children being detained in inappropriate facilities and at risk of abuse mean many children try to steer clear of the police. Even though street children are vulnerable to abuses on the streets by gangs, private security guards, pimps, and pedophiles, many of those we interviewed said they live in fear of the police and avoid them even when in need of protection.107 In a 2003 survey, thirty-eight percent of Hanoi street children said their greatest fears and risks included being picked up or beaten by the police, or sent to jail.108 Some children said they were reluctant to seek medical treatment when ill for fear the police would be called and send them home. Only 1 percent of the children surveyed indicated they would seek assistance from the police. I evade the police by running into the staircase of an apartment block whenever I hear the siren, said Danh, a 17-year-old orphan from Thanh Hoa province. Ive had to do this many times. Every time I hear the siren, I feel afraid. I wouldnt know what to do if I get arrested, so I run as fast as I can.109 Canh, a 17-year-old from Hung Yen said he felt his work as a shoe shiner was dangerous because of the police. If Im arrested, Ill be sent to detention camp where life is hard.110 Detention at Dong Dau Social Protection CenterAs already noted, the first time most Hanoi street children are picked up by police, they are sent to Dong Dau Social Protection Center, located in Dong Anh district on the outskirts of Hanoi. The typical stay is two weeks. Detainees are of all ages and include prostitutes, drug addicts, shoe shiners, porters, street vendors, rubbish collectors, newspaper boys, vagrants, and beggars. In theory, Dong Daus mandate as a Social Protection Center should be to provide community-based rehabilitation services. In reality, it is a short-term jail where they have been sent without judicial intervention, oversight, or redress. It is a form of arbitrary punishment that leaves children worse off when they leave than when they went in. A 15-year-old boy described his arrival at the center:
Children who have been detained at Dong Dau told Human Rights Watch that it looks like a prison. It consists of a series of concrete holding cells, surrounded by a three-meter tall wall topped by barbed wire.112 Outside the cells is a public toilet (two rooms, one meter square) and bathroom (four to five meters square with buckets and a water tank) and a dining hall. None of the children described any recreation, education, training or rehabilitation activities or facilities at Dong Dau, and none received any medical care during their stay there. Upon arrival, detainees are told to line up until their name is called. They must fill out a form giving their address in the countryside and information about their family. In some cases staff persons interview detainees about their personal information, filling out the forms for them. The children are photographed, holding a card with a number on it. Children interviewed by Human Rights Watch said that staff does not inform their families about where they are, which means that many children do not have visits or other communication with family or friends.113 Moreover, the facilitylocated 30 kilometers from the center of Hanoiis not easily accessible to most families. Abuses at Dong DauAlthough Vietnams Law on Child Protection prohibits the torture, mistreatment, or use of corporal punishment against children,114 as does Vietnams Constitution,115 children interviewed by Human Rights Watch gave vivid accounts of serious abuse at Dong Dauincluding instances of corporal punishment, collective punishment, placement in isolation, deprivation of food and medical treatment, and denial of family contact. Most of the children who spoke to Human Rights Watch said they are provided little or no information about rules and procedures. Despite this, children also reported that they could be beaten if a guard decided that they were not complying with the rules (see below). One child said that some rules are listed on the notice board in the canteen. He said the rules are: no fighting in the room; no food in the room; and presents from visitors are not allowed to be kept in the room but must be handed to guards.116 None of the children we spoke with were aware of any process for challenging the legality of their detention or making complaints about their conditions or treatment.117 International standards on juvenile detention require that children in detention centers should be promptly and clearly informed of the facilitys regulations, as well as their own rights and obligations during detention.118 BeatingsAll of the children interviewed by Human Rights Watch have witnessed beatings of children and adults by staff at Dong Dau: at least six of the 11 who had been to Dong Dau had been beaten themselves. Many of the children said they saw at least one person beaten every day. The beatings were often accompanied by abusive language. Children said they, as well as adult detainees, were sometimes beaten for benign behavior which could not be interpreted as being in violation of any rules. One child saw an adult detainee beaten very badly for looking at newcomers.119 Another adult detainee was hit repeatedly with clubs by the guards after he made a joke. New arrivals can be beaten simply because they are unaware of the centers procedures. One boy said:
Some street children also use drugs. If this drug use becomes apparent through urine tests on arrival at the center, the children are sometimes beaten. Kien recounted:
Another child was beaten shortly after arrival at Dong Dau because a staff person thought he was lying about his personal information on the intake form.
A 22-year-old woman who had been working as a postcard seller in Hanoi since she was 15, said she was physically punished during her several stays at Dong Dau. At Dong Dau, the police slapped me because I was too slow in responding to their questions, she told us.123 Children also reported that on occasion beatings would be administered to groups of children at a time, as a form of collective punishment for the wrongdoing of one or two others, and not because the individual children had done something wrong. For example, Trang explained: The guards would go into the room, make everyone kneel down, and then beat everyone.124 According to those interviewed, medical care was not generally provided after the beatings.125 Punishment of children who try to escapeFrom the children we spoke with, it appears that those who try to escape are subject to particularly harsh treatment. 15-year-old Minh told Human Rights Watch:
Another boy, Quoc, described seeing two staff personsone of whom served as the camp doctorbeat an 11-year-old boy after he tried to escape.
Several other boys tried to hide during the day so they could escape at nightfall, Quoc said:
Some of the accounts suggest that a form of solitary confinement was also used as a sanction. Fourteen-year-old Anh explained:
Legal standards regarding use of forceThe UN Rules for the Protection of Children Deprived of their Liberty explicitly prohibit corporal punishment, placement in a dark cell, closed or solitary confinement, and collective sanctions which are considered to be inherently cruel, inhuman, and degrading.130 The rules make clear that detention center staff must not: inflict, instigate or tolerate any act of torture or any form of harsh, cruel, inhumane or degrading treatment, punishment, correction or discipline under any pretext or circumstance whatsoever.131 Staff should ensure the full protection of the physical and mental health of children in detention, and report any violations to authorities.132 Under international standards, staff at detention centers may only resort to force to prevent a youth from inflicting self-injury, injuries to others, or serious destruction of property. The use of force should be limited to exceptional cases, after all other methods have been exhausted and failed; it should never cause humiliation or degradation.133 The use of restraint and force should only be used in accordance with prescribed regulations, in clearly specified ways, in exceptional cases, under the authority of the director in consultation with appropriate staff.134 Detention center officials should always inform family members of injuries that result from the use of force.135 The treatment of street children at Dong Dau as reported to Human Rights Watch indicates that staff disciplinary practices and use of force generally does not comply with international standards. On the contrary, the cases reported to Human Rights Watch suggest that the treatment of street children may at times constitute cruel, inhuman, or degrading treatment or punishment, in violation of Vietnams obligations and the rights of the street children under both the Convention on the Rights of the Child and the ICCPR. Conditions of detentionThe children who spoke to Human Rights Watch provided consistent descriptions of the cells they stayed in at Dong Dau. Their descriptions are of cells that are furnished with a light and fan that remain on, regardless of the time or temperature. The cells usually have a single window which is always closed. There is a communal bucket in the cell for use as a toilet. The bucket is emptied twice daily but the smell of excrement is permanently present in the cells. Accounts vary on the size of the cells, with most describing overcrowded spaces holding between eight and thirty detainees. Most cells have plank beds; but some detainees must sleep on the floor. Some have dirty blankets. Children generally wear the clothes in which they are arrested, but are not allowed to wear their shoes or keep personal possessions. Children are routinely locked in the same overcrowded rooms with adults for long periods of time. One boy described being locked in a small room (three by eight meters) with more than 10 people. 136 Another boy, Binh, described the cell in which he stayed:
Separation of male and female detainees is the only apparent classification for the assortment of people of all ages detained at Dong Dau. Children as young as two to three years old can be detained together with adults as old as 79.138 One toddler who was imprisoned with his mother was left on his own in the cell when his mother was subsequently sent away.139 There were beggars who were 60- to 70-years-old, porters who were 35 to 40 years old, said one boy. The youngest person was ten years old. He was a beggar and was carrying a baby of two- to three-years-old. The baby was also in the room.140 Of the 28 people in his room, he estimated that about ten were under 20 years of age. Detainees are released twice daily usually for half-hour periods during which time they can eat, empty the bucket of excrement, and use the toilet. If there is time, they can bathe in a communal room or wash their clothes. Many do not bathe at all for the duration of their stay because there is not enough time.
A 15-year-old boy said:
The usual meal is a small bowl of poor quality rice with meager servings of tofu, pig neck, or fatty meat. 143 I went to the camp fat, but left it thin, said Phuoc after 15 days detention:
Legal standards for conditions in detentionThe UN Rules for the Protection of Juveniles Deprived of their Liberty outline the following standards that should be observed where children are placed in detention:
In sum, international law provides that children in detention should be treated with respect for their human dignity, giving special consideration to their particular needs as children in such difficult circumstances.157 Their physical, mental, and moral integrity and well-being should be protected.158 When children are detained as a last resort, the conditions in which they are detained must respect their human rights.159 The conditions in Dong Dau described by children previously detained there do not meet these standards, and are likely to be hazardous to the childrens health. Detaining children in such conditions violates Vietnams legal obligations under both ICCPR and CRC. VisitorsMost of the children interviewed by Human Rights Watch do not receive family visits while they are detained at Dong Dau. They are not even allowed to write or call their families.160 Several children allege that the staff demands bribes for allowing visits or extending visiting hours.161 Other children allege that officials can be bribed by visiting families to release detainees, with one child citing a fee of 4 million dong (U.S.$250).162 In November 2004, a Vietnamese newspaper alleged that family members of children in detention at Dong Dau were forced to pay bribes in order to visit their children, have the children released early, and prevent them from being sent for longer detention at Ba Vi:
International standards provide that children in detention should be allowed to maintain regular contact with the outside world, including unrestricted communication with their families and, where relevant, lawyers.164 Vietnamese law states that children in reform schools or detoxification institutions, shall be regularly visited, spiritually encouraged and supported by their parents and guardians; the reform schools and detoxification establishments must facilitate the child to keep in touch with their families and alternative families.165 Psychological impact of detentionMany children told us they were isolated, frightened, sad, and homesick during their stay at Dong Dau, as well as afterwards.166 They said there was nothing to do during the 20-three hours a day they were locked in cells. They said they were offered no schooling,167 no vocational training, no counseling, no social servicesno activities at all.168 We slept until we couldnt sleep anymore, Phuoc told Human Rights Watch. We talked, sang stupid songs. It was very boring in the camp. I spent most of my time thinking. At first I thought about clever things, then stupid things.169 People who work with street children told Human Rights Watch that the children are withdrawn and depressed after returning from detention.170 Many children said they spend their time at Dong Dau thinking about their families, 15-year-old Duc told us:
The violence that children experience and witness (described above) can also be traumatic. Duc said he became numb to the trauma while it was taking place:
Months after his last release from Dong Dau, Lanh, a 15-year-old who had been sent to Dong Dau twice remained upset and traumatized. He burst into tears when describing the beatings he witnessed there, although he himself was never beaten:
Lanh was too distressed to continue the interview. Circumstances around releaseMost children we spoke with said they are released from Dong Dau after around 15 days. A boy who was detained when he was 18 years old described his release:
Before release, the children say they have to sign a paper stating that they will not return to the street and they understand that if arrested another time, the punishment will increase:
Personal belongings confiscated upon arrival are usually returned to the children. Some are given 10,000 dong [US$0.62] to catch the bus back to Hanoi. Most of the children Human Rights Watch spoke with were then deposited outside the gate of the center, left to find their own way. Two children interviewed by Human Rights Watch were met by family members upon release, in one case after an uncle who was a policeman intervened for the childs release. Vietnams various policies and decrees regarding street children promote family reunification.176 In addition, Peoples Committees are responsible for coordinating family reunification of children upon release from reform schools or detoxification centers by providing specific solutions to support the child to progress and re-integrate with his or her family [and] community when coming back...177 None of the children interviewed by Human Rights Watch, however, were reunited with their families upon release. While some may have been provided enough money to catch the bus to Hanoi, none were provided sufficient social services or financial assistance to enable them to meet their families or return homes in the provinces after leaving the center. After release, the children we spoke with said that none of them, or their families, filed complaints about their detention, despite provisions in Vietnamese law that allow citizens to file complaints against government authorities.178 Few know how to file a complaint, are offered any assistance to do so, or have any faith that filing a complaint will do anything other than bring reprisals. All of the children interviewed by Human Rights Watch resumed working on the streets of Hanoi, some after a brief visit home. 14-year-old Quoc told us:
The children often return to the streets in much worse shape than before they went into detention, as described by a social worker in Hanoi:
Detention at Ba Vi Social Protection CenterStreet children who have been sent to Dong Dau more than one or two times are often sent for longer periods of detention to Ba Vi Social Protection Center. Located 40 miles northwest of Hanoi in Ba Vi district of Ha Tay province, Ba Vi is classified as a 05-06 facility for mandatory rehabilitation of adult drug users and sex workers, according to social workers in Hanoi. 181 The detoxification center, meant for 800 people, had as many as 1,100 drug addicts staying there during 2004, according to state media.182 Descriptions of Ba Vi vary widely. It appears that there are at least two separate multi-building facilities, some for men and others for women. In addition to the detoxification center, Ba Vi reportedly includes an orphanage, programming for HIV/AIDS, and possibly an orthopedic center.183 It is not clear if street children are held in a separate section, or mixed in with the others. Conditions of detentionThe children Human Rights Watch talked to about their experiences at Ba Vi said conditions were better there than at Dong Dau. They were allowed to leave their cells to work, so it was not as boring, and the treatment was better. They are fed three times a daymore food than Dong Dau, with some variety and one child said he was never hungry.184 The children say the water is better than at Dong Dau, but if they shower too often, they still get a rash. A 15-year-old boy told us about his detention at Ba Vi a month after he was released:
Nonetheless, problems remain. Children are usually detained at Ba Vi with no opportunity to challenge the legality of their detention, or to make complaints conditions or mistreatment there. Some of the street children we talked with were housed in cells that included adults, except for one child, who was sent to the section for orphans. Several children gave disturbing reports of being beaten by staff and other detainees, and seeing staff members beat other children. Some children also made serious allegations about inadequate medical attention to ill people. Detained with adultsBa Vi is classified as an 05-06 Center for adult drug users and prostitutes. Technically those centers are not for kids but you often see them there anyway, said one staff person from an international organization in Hanoi. 186 Most of the children we spoke with stayed in rooms they described as cells, sometimes together with adults. A 15-year-old boy told us that the 12 people in his cell ranged in age from 17 to thirty-years-old.187 He said that detainees were let out of the cells from 6-11 a.m., were sent back to the cells until 2 p.m., and then let out again to work until 5:30 p.m. Sometimes in the evening they were let out of the cells again to watch television. Other children reported only being let out for three hours a day. The children said they had to work at Ba Vipicking up leaves, digging mud, feeding pigs and chickens, and cleaning the building and kitchenbut most welcomed the opportunity to stay active in the absence of any other educational or rehabilitative services.188 Conditions appear to be better in the section for orphans than in the group cells. Hai, a 12-year-old orphan from Quang Ninh province, who was arrested in 2005 while begging in a market in Hanoi, told us he was taken to a section for orphans at Ba Vi. He slept in a small upstairs room with three other boys, each with their own bed. Girls were on another floor, he said, and each floor had a communal toilet. 189 His room had a fan, light, and windows that opened. A social worker who works with street children in Hanoi referred to Ba Vi as a youth prison, saying:
BeatingsSeveral children told Human Rights Watch they were beaten and witnessed beatings of others while they were at Ba Vi. Other children said they were bullied and beaten by other detainees, and that the staffs do not stop older prisoners from picking on the younger ones.191
Hoa, who spent three months in Ba Vi in 2006, spoke with Human Rights Watch shortly after her release. At Ba Vi they beat me because I did not work fast enough, she said. They treat us like dogs.194 VisitorsWhile children said they were allowed to receive visitors and write letters to their families, only one of the children interviewed by Human Rights Watch (Binh) received a family visit during his stay at Ba Vi. Some of the children interviewed by Human Rights Watch said their families were informed of their detention; however, like Dong Dau, the facility is not easily accessible from Hanoi. Some children told us that staff confiscated gifts of food or money that visitors brought to other children.195 Journalists and officials have been taken on government-organized tours of Ba Vi to tour the orphanage and what the government presents as a model HIV/AIDS program. Some are certain, however, they are seeing only a small portion of the huge facility, and none that Human Rights Watch spoke with had ever seen the section where street children are detained.196 Street children told us that they were not allowed to speak freely with visiting delegations.
When visitors come or they put us on television, they give us a new shirt to wear, said Hoa, who was detained at Ba Vi in 2006.198 A western journalist in Hanoi who visited part of Ba Vi on a press tour said: Its not a real prison, but a prison by our standards. In Vietnam, its hard to tell the difference between a re-education camp and a penal institution. Whats clear is that people are not there of their own free will.199 ReleaseThe children we spoke with left the facility no better equipped to improve or change their lives than when they went in. They said they were not offered any counseling, training, or educational services at Ba Vi.200 On release from Ba Vi, the children are made to sign a commitment not to return to the street, and their possessions and the money they arrived with is usually returned. Three children said they are given 10,000 dong ($ 0.62) upon release.201 All of the children we spoke with returned to life on the streets in Hanoi. Two boys said they took the bus and one said he hitchhiked back to the city.202 Hoa, who has been working on the streets as a postcard seller since she was 15, spent three months in Ba Vi in 2006.
Completely destitute, a month after her release from Ba Vi, Hoa was spending her days seeking refuge in public areas, and her nights sleeping on the streets. Hai, the 12-year-old orphan, was released after three months, even though he had no parents or guardian or means of supporting and housing himself:
87 Vietnam became a party to International Covenant on Civil and Political Rights (ICCPR), on September 24, 1982. The ICCPR was adopted December 16, 1966, G.A. Res. 2200A (XXI), 999 U.N.T.S. 171 (entered into force March 23, 1976). 88 These treaties are supplemented by other international instruments developing these standards. They include the UN Rules for the Protection of Juveniles Deprived of their Liberty (The UN Rules) and the UN Standard Minimum Rules for the Administration of Juvenile Justice (The Beijing Rules) which, while not legally binding, provide authoritative guidance on the scope and application of states international legal obligations regarding the treatment of children in detention or in conflict with the law. Standards applicable to all in detention, including the Body of Principles for the Protection of All Persons under Any Form of Detention or Imprisonment, are also relevant to Vietnams treatment of detained street children. The UN Rules for the Protection of Juveniles Deprived of their Liberty (The UN Rules), G.A. res. 45/113, annex, 45 UN GAOR Supp. (No. 49A) at 205, UN Doc. A/45/49 (1990). The UN Standard Minimum Rules for the Administration of Juvenile Justice (The Beijing Rules), G.A. res. 40/33, annex, 40 UN GAOR Supp. (No. 53) at 207, UN Doc. A/40/53 (1985). 89 According to the survey, one-third of the children interviewed reported that they had been picked up or arrested by the police at least once, usually in a police round-up campaign. Most of the children said they were not charged or accused of any crime upon arrest. Only 7 percent reported being arrested for petty crime and 1 percent for using drugs. Bond, A Study on Street Children in Hanoi, The Youth Research Institute, 2003, pp. 5, 45-46. A social worker who works with street children in Hanoi estimated that as many as 60 percent of Hanois street children have been arrested and detained at some time. Human Rights Watch interview with a social worker in Hanoi, March 2006. 90 In Vietnam, inscription on and possession of a mandatory household registry document (ho khau) is essential not only to legally reside in one's home, but to legally hold a job, collect grain rations, attend a government- run school, receive public health care, travel, vote, or formally challenge administrative abuses. Without ho khau, children can be disqualified from basic social services, including education, poverty assistance, and health care. It also makes them more vulnerable to arrest or harassment by police. For example, one boy told us he was arrested when he was 18, while walking home from his job looking after motorbikes at a shop that closed at 11 p.m.. The police stopped him and demanded to see his identification card. Since he did not have one, he was taken to Dong Dau and then to Ba Vi. Human Rights Watch interview with Duong , age 19, Hanoi, January 2006. 91 Article 9 of the ICCPR prohibits arbitrary arrest or detention. Article 9(5) of the ICCPR provides that "Anyone who has been the victim of unlawful arrest or detention shall have an enforceable right to compensation. 92 CRC, art. 37(b). 93 CRC, art. 20(1). 94 Canh Sat 113 is a mobile police force that responds to emergency calls. They wear green uniforms and helmets and carry electric batons. The security guards (bao ve) have been described as quazi police or volunteers helping to keep the city safe in advance of international meetings or party congresses. Terre des hommes Foundation says that collection teams include mobile police units, security guards, and sometimes staff from DOLISA and the Department for Social Evils Prevention. Terres des homes, A Study on Street Children in Ho Chi Minh City, p. 153. 95 Human Rights Watch interview with Phuoc, a 19-year-old shoe shiner, Hanoi, March 2004. 96 Human Rights Watch interviews with social workers and street children, Hanoi, 2003-2006. 97 ICCPR, Article 9 and CRC Article 37(d) . The Rules for the protection of juveniles deprived of their liberty, (The UN Rules), (G.A. res. 45/113, annex, 45 UN GAOR Supp. (No. 49A) at 205, UN Doc. A/45/49 (1990)), also provide in greater detail the standards regarding, for example, parental or guardian notification and access to legal advice for all children detained. The Body of Principles for the Protection of All Persons under Any Form of Detention or Imprisonment, (G.A. res. 43/173, annex, 43 U.N. GAOR Supp. (No. 49) at 298, U.N. Doc. A/43/49 (1988)) also sets out similar standards applicable to children and adults in detention. 98 Human Rights Watch interview with a social worker, Hanoi, December 2005. 99 Vietnams Penal Procedure Code states that bodies ordering the arrest, custody or temporary detention of minors must notify their families or lawful representatives thereof immediately after the arrest, custody or temporary detention is affected. Cited in Spielmann, Summary Analysis of Significant Vietnamese Legal Normative Documents Dealing with Protection against Child Abuse, p. 15. 100 Human Rights Watch interview with Trang, a 17-year-old shoe shiner, Hanoi, September 2004. 101 Human Rights Watch interview with Anh, a 14-year-old rubbish collector, Hanoi, August 2004; Human Rights Watch interview with Phuoc, a 19-year-old from Hung Yen province who works as a shoe shiner, Hanoi, March, 2004; Human Rights Watch interview with Hai, a 12-year-old boy from Quang Ninh province who supports himself by begging in markets, Hanoi, February 2005. 102 It was not clear to us whether the guard in the market was a private or government employee. Human Rights Watch interview with Anh, age 14, Hanoi, August 2004. 103 Articles 7 and 10 of the ICCPR respectively prohibit torture, cruel, inhuman, or degrading treatment or punishment and require all deprived of their liberty to be treated humanely. Article 37(a) of the CRC specifically prohibits the torture, cruel, inhuman, or degrading treatment or punishment of any child. The UN Code of Conduct for Law Enforcement Officials (G.A. res. 34/169, annex, 34 U.N. GAOR Supp. (No. 46) at 186, U.N. Doc. A/34/46 (1979)) and the Basic Principles on the Use of Force and Firearms by Law Enforcement Officials, ( Eighth United Nations Congress on the Prevention of Crime and the Treatment of Offenders, Havana, 27 August to 7 September 1990, U.N. Doc. A/CONF.144/28/Rev.1 at 112 (1990)) both set out that force should only be resorted to when strictly necessary. 104 Law on Child Protection, arts. 7.6 and 7.9. 105 Save the Children (Sweden) has worked with the Police Academy since 1997 and with the General Police Department since 1999. Marie Wernham, An Outside Chance: Street Children and Juvenile Justicean International Perspective, Consortium for Street Children, 2004. 106 Christian Salazar-Volkman, A Human Rights-Based Approach to Programming for Children and Women in Vietnam: Key Entry Points and Challenges, UNICEF, 2004, p.18. 107 Human Rights Watch interviews with former street children and organizations working with street children, December 2005. 108 Bond, A Study on Street Children in Hanoi, p. 46. Note that the author believed that these figures are likely to be conservative due to problems establishing trust with street children who were interviewed. 109 Human Rights Watch interview with Danh, a 17-year-old orphan from Thanh Hoa province, March 2004. He said he went to Hanoi to support his younger siblings through school. 110 Human Rights Watch interview with Canh, a 17-year-old from Hung Yen province who has worked as a shoe shiner since he was 14, Hanoi, March 2004. 111 Human Rights Watch interview with Duc, a 15-year-old shoe shiner from Hung Yen, Hanoi, October 2004. 112 The cells vary in size, from 18 square meters (three by six meters) to 96 square meters (eight by 12 meters). 113 See footnotes 97 and 99 , above, regarding legal requirements that families and legal representatives of children in detention should be immediately notified of the childs whereabouts. 114 Vietnams Law on Child Protection states that all acts infringing on childrens rights shall be severely punished by law. This includes torturing, maltreating, affronting [and] abusing children for personal benefits as well as applying measures that offend or lower the honor or dignity of, or applying corporal punishments to, juvenile offenders. Law on Child Protection, arts. 6.2, 7.6, and 7.9. 115 See Vietnams State Report to the Committee on the Rights of the Child, CRC/C/65/Add.20, July 5, 2002: Article 7.1 of the 1992 Constitution of Viet Nam states: Citizens have the inalienable right to freedom from physical abuse, they are protected by law in terms of life, health, honor and dignity. No one shall be put under arrest unless there is a decision issued by the Peoples Courts or a decision or ratification issued by the Peoples Procuratorate, with the exception of the case of being caught in action. Custody and detention shall only be in accordance with the law. 116 Human Rights Watch interview with Binh, a 17-year-old shoe shiner, Hanoi, August 2004. 117 See footnotes 97 and 99, above. Vietnamese law provides for citizens to be able to file complaints against government authorities. See Decree No. 67/1999/ND-CP, Detailing and Guiding the Implementation of the Law on Complaints and Denunciations (August 7, 1999). 118 Children should be promptly and clearly informed of the rules of the facility, and their rights and obligations during detention, including disciplinary procedures, access to information, and a process for making complaints. UN Rules, paragraphs. 24 and 25. 119 Human Rights Watch interview with Binh, age 17, Hanoi, August 2004. 120 Ibid. 121 Human Rights Watch interview with Kien, age 15, Hanoi, December 2005. 122 Human Rights Watch interview with Duc, age 15, Hanoi, October 2004. 123 Human Rights Watch interview with Hoa, Hanoi, August 2006. 124 Human Rights Watch interview with Trang, a 17-year-old shoe shiner, Hanoi, September 2004. 125 UN Rules, paragraph. 51, state that any child who is ill, complains of illness, or exhibits symptoms of physical or mental problems, should be promptly examined by a medical officer. One child said that only if beatings are very severe will the victim be sent to the medical room. Human Rights Watch interview with Binh, a 17-year-old shoe shiner, Hanoi, August 2004. 126 Human Rights Watch interview with Minh, age 15, Hanoi, March 2004. 127 Human Rights Watch interview with Quoc, a 14-year-old boy from Lao Cai province; Hanoi, January 2005. 128 Human Rights Watch interview with Quoc, Hanoi, January 2005. 129 Human Rights Watch interview with Anh, a 14-year-old boy who collects plastic bags in Dong Xuan market, Hanoi, August 2004. 130 UN Rules paragraph. 67. 131 UN Rules, paragraph. 87(a). 132 The UN Rules state that personnel at childrens detention facilities should be trained and committed professional officers who are qualified to address the special needs of children. They should perform their duties in accordance with their training in child welfare and international standards of human rights. UN Rules, paragraphs. 83, 85, and 87(d). 133 UN Rules, paragraph. 64. 134 Ibid, paragraphs. 64 and 68. 135 Ibid, paragraph. 56. 136 Human Rights Watch interview with Phuoc, a 19-year-old boy from Hung Yen province, about his detention the previous year, Hanoi, March 2004. 137 Human Rights Watch interview with Binh, age 17, describing his detention at Dong Dau when he was 16, Hanoi, August 2004. 138 Human Rights Watch interview with Binh, age 17, Hanoi, August 2004. 139 Human Rights Watch interview with Trang, age 17, Hanoi, September 2004. 140 Human Rights Watch interview with Binh, age 17, describing his detention at Dong Dau when he was 16, Hanoi, August 2004. 141 Human Rights Watch interview with Anh, age 14, Hanoi, August 2004. 142 Human rights Watch interview with Duc, age 15, Hanoi, October 2004. 143 One child was told by a kitchen worker that the poor quality of the food is partly due to corruption: For example, one day if we ate two kilograms of pig [cheek] they asked the cook to sign the paper saying that we ate five to six kilograms of rump or shoulder, he said. Human Rights Watch interview with Quoc, age 14, Hanoi, January 2005. 144 Human Rights Watch interview with Phuoc, age 19, about his detention the previous year, Hanoi, March 2004. 145 UN Rules, paragraph. 30. 146 The detention of children with unrelated adults places children at extreme risk of abuse and is prohibited under the Convention on the Rights of the Child and the International Covenant on Civil and Political Rights. The CRC requires children deprived of their liberty to be separated from adults "unless it is in the child's best interest not to do so"; the ICCPR prohibition has no such exception. SeeConvention on the Rights of the Child, article 37(c); the ICCPR, article 10(b), and the UN Rules, paragraph. 29. 147 UN Rules, paragraph. 37. 148 Ibid, paragraph. 47. 149 Ibid, paragraph. 33. 150 Ibid, paragraph. 34. 151 Ibid, paragraph. 36. 152 Ibid, paragraph. 49. 153 Ibid, paragraph. 51. 154 Ibid, paragraph. 32. 155 The UN Rules state that juvenile detention facilities should provide activities and programs aimed at promoting the childs self-respect and sense of responsibility, and encouraging attitudes and skills to help them reintegrate into society in productive ways. The UN Rules, paragraph. 12. 156 UN Rules, paragraphs. 38, 39, and 42. 157 Convention on the Rights of the Child, art. 37(c). 158 UN Rules, paragraph. 28. 159 Ibid, paragraph 12. 160 Many children interviewed by Human Rights Watch, as well as a social worker who works closely with street children, confirmed that they were not allowed to write or call their families. 161 Human Rights Watch interview with Quoc, age 14, Hanoi, January 2005; Human Rights Watch interview with Binh, a 17-year-old shoe shiner, Hanoi, August 2004. 162 Binh said that visits with family or guests can only be for five minutes. This is not a written rule, he said, but thats what happens. If a family pays the guards 20,000 dong (U.S.$1.25), they can visit longer, he added. Human Rights Watch interview with Binh, a 17-year-old shoe shiner, Hanoi, August 2004. 163 Investigation at readers request, Peoples Police newspaper, November 2, 2004. According to the article, DOLISA subsequently requested an investigation. One staff person was dismissed from his position and his salary was lowered, and the director received a warning punishment. While this article is somewhat unusual in exposing local corruption, it does not run contrary to Vietnams policy of at times allowing the state media to investigate or criticize cases of corruption; what is not permitted in the state press is criticism of the Vietnamese Communist Party itself. 164 UN Rules, paragraphs. 59-61. 165 Implementation Decree of the Law on Child Protection, Care and Education, art. 16.5. 166 Children have the right to protection from all forms of physical or mental violence, injury or abuse, neglect or negligent treatment, maltreatment or exploitation, including sexual abuse, while in the care of parent(s), legal guardian(s) or any other person who has the care of the child. CRC, art. 19. 167 The right to education is enshrined in numerous international human rights instruments, including the Universal Declaration of Human Rights, the International Covenant on Economic, Social and Cultural Rights and the Convention on the Rights of the Child. Universal Declaration of Human Rights, adopted December 10, 1948, G.A. Res. 217A (III), UN Doc. A/810 at 71 (1948), art. 26; International Covenant on Economic, Social and Cultural Rights (ICECSR), adopted December 16, 196, G.A. Res. 2200A (XXXI), 993 U.N.T.S. 3 (entered into force January 2, 1976), art. 13; Convention on the Rights of the Child, adopted November 20, 1989, G.A. Res. 44/25, UN Doc A/REX/44/25 (entered into force September 2, 1990), art. 28. 168 The UN Rules states that juvenile detention facilities should provide activities and programs aimed at promoting the childs self-respect and sense of responsibility, and encouraging attitudes and skills to help them reintegrate into society in productive ways. The UN Rules, paragraph. 12. 169 Human Rights Watch interview with Phuoc, a 19-year-old boy from Hung Yen province, about his detention the previous year, Hanoi, March 2004. 170 Human Rights Watch interview with social worker who works with street children, Hanoi, January 2006. 171 Human Rights Watch interview with Duc, age 15, Hanoi, October 2004. 172Human Rights Watch interview with Duc, age 15, Hanoi, October 2004. 173 Human Rights Watch with Lanh, age 15, Hanoi, December 2005. 174 Human Rights Watch interview with Phuoc, a 19-year-old from Hung Yen province, about his detention the previous year, Hanoi, March 2004. 175 Human Rights Watch interview with Quoc, a 14-year-old from Lao Cai province, Hanoi, January 2005. 176 See Prime Ministers Directive No. 06/1998/CT-TTg, On the Strengthening of the Task of Protecting Children, Preventing and Tackling the Problem of Street Children and Child Labor Abuse, (January 23, 1998); Prime Ministers Decision No. 134/1999/QD-TTg, Ratification of the Program of Action for Protection of Children with Special Circumstances in the 1999-2002 Period (May 1999); and Decree No. 07/2000/ND-CP On Social Relief Policies (March 2000). 177 Implementation Decree of the Law on Child Protection, Care and Education, art. 16.5. 178 Decree No. 67/1999/ND-CP, Detailing and Guiding the Implementation of the Law on Complaints and Denunciations (August 7, 1999). 179 Human Rights Watch interview with Quoc, age 15, Hanoi, January 2005. 180 Human Rights Watch interview with a social worker, Hanoi, January 2006. 181 Human Rights Watch interview with social workers in Hanoi, March 2006. 182 For more information about the detoxification center at Ba Vi, see: Hanoi Centers Overloaded with Drug Addicts, New Hanoi newspaper, Vietnam News Briefs, May 10, 2004; Margot Cohen, The Road to Relapse, Far Eastern Economic Review, May 31, 2001; 54 drug addicts escape in latest breakout from Vietnamese rehab centers, Associated Press, August, 10, 2002. 183 A center for elderly people and handicapped children and Hanoi Psycho Sanatorium are also located in Ba Vi district, but in Thuy An, a different commune (sub-district). Thomas P. Kane, PhD, Disability in Vietnam in 1999: a Meta-Analysis of the Data (USAID: 1999), \pdf.dec.org/pdf_docs/PNACG781.pdf (accessed April 11, 2006). 184 Human Rights Watch interview with Duc, age 15, Hanoi, October 2004. 185 Human Rights Watch interview with Minh, , a 15-year-old from Hung Yen province who works as a shoe shiner, Hanoi, March 2004. 186 Children under the age of 16 who are arrested for drug use or prostitution are not to be incarcerated with adults. Instead they are to be offered community rehabilitation or placed in Social Protection Centers. Human Rights Watch interview with a staff person from an international organization in Hanoi, March 2006. 187 Human Rights Watch interview with Duc, age 15, Hanoi, October 2004. 188Human Rights Watch interviews with children who have been detained at Ba Vi, 2003-2006. 189 Human Rights Watch interview with Hai, a 12-year-old boy from Quang Ninh province who supports himself by begging in markets, Hanoi, February 2005. 190 Human Rights Watch interview with social worker in Hanoi, July 2004. 191 Human Rights Watch interview with Duong , age 19, Hanoi, January 4, 2006, and with Hai, 12, Hanoi, February 2005. 192 Human Rights Watch interview with Trang, an 18-year-old shoe shiner who was detained when he was 17, Hanoi, September 2004. 193 Human Rights Watch interview with Trang, age 17, Hanoi, September 2004. 194 Human Rights Watch interview with Hoa, a 22-year-old woman who has been working as a postcard seller in Hanoi since she was 15, Hanoi, August 2006. 195 Human Rights Watch interview with Binh, a 17-year-old shoe shiner, Hanoi, August 2004. 196 Human Rights Watch interviews with journalists and diplomats who have visited Ba Vi on tours arranged by the government, 2005 and 2006. 197 Human Rights Watch interview with Chinh, Hanoi, December 2005. 198 Human Rights Watch interview with Hoa, a 22-year-old woman who has been working as a postcard seller in Hanoi since she was 15, Hanoi, August 2006. 199 Human Rights Watch interview with journalist, Hanoi, December 2005. 200 Human Rights Watch interviews with children who have been detained at Ba Vi, 2003-2006. 201 Human Rights Watch interview with Hai, a 12-year-old boy from Quang Ninh province who supports himself by begging in markets, Hanoi, February 2005; Human Rights Watch interview with Duc, age 15, Hanoi, October 2004; Human Rights Watch interview with Trang ,a 17-year-old shoe shiner, Hanoi, September 2004. 202 Human Rights Watch interview with Duc, age 15, Hanoi, October 2004; Human Rights Watch interview with Quoc, a 14-year-old boy from Lao Cai province; Hanoi, January 2005; Human Rights Watch interview with Trang ,a 17-year-old shoe shiner, Hanoi, September 2004. 203 Human Rights Watch interview with Hoa, Hanoi, August 2006. 204 Human Rights Watch interview with Hai, a 12-year-old boy from Quang Ninh province who supports himself by begging in markets, Hanoi, February 2005. |