In Vietnam, debate underway over
whether sex buyers should be named and shamed
This
file photo shows sex workers being detained after a police swoop on a large
prostitution ring in the central city of Da Nang.Tuoi Tre
A debate has broken out over a recent proposal by the Ministry
of Labor, War Invalids and Social Affairs that the names of sex buyers should
be revealed as a measure to deter them from resorting to sex services still
considered illegal in Vietnam.
The ministry has also suggested that their buying sex should
be informed to the places where sex buyers are working and the authorities in
the localities where they are living.
The ministry said that the current fines, from VND500,000
(US$22.2) to VND10 million ($440), applied to sex buyers are still low and
thus cannot prevent them from repeating their acts.
Therefore, publicizing the names of sex buyers should be
considered an official administrative punishment inflicted on them, with a
view to driving back prostitution, the ministry said.
Sex work is unlawful and regarded as a social evil in Vietnam.
Advocacy vs. opposition
Numerous readers of Tuoi Tre (Youth) newspaper have expressed
their consent to the publication of sex buyers’ names, saying that “once
having their names publicized, sex buyers would not have the guts to come to
prostitutes again.”
Pham Thi Thuy, a sociologist, also supported the proposal.
“This is the best way to drive back prostitution that is
affecting public health and familial happiness. Under certain circumstances,
only strong measures can help steer sex buyers away from sex services,” Thuy
said.
However, the biggest challenge to the proposal is how to implement
it effectively, she added.
“Vietnamese people respect social relationships very much.
They therefore can publicize the names of some sex buyers while covering up
others’, depending on each rapport,” she elaborated.
There may be a situation in which sex buyers will have their
names made known to the public if they are ordinary people and will have them
kept in secret if they are in certain positions, the sociologist further
explained.
Meanwhile, many other Tuoi Tre readers have argued that such
measures would not be helpful but they could result in consequences.
“Naming and shaming sex buyers would probably bring about an
adverse effect on individuals, their families and even the entire society,” a
reader said.
Instead of publicizing the names of sex buyers, many other
measures should be considered, including subjecting them to public labor.
People’s names should be publicized only when they have
committed criminal crimes such as drug trafficking.
“In my opinion, the publication of sex buyers’ names may lead
to circumstances in which they bribe law enforcement officers so that they
would not disclose their names,” Tran Le Nguyen, a reader from Ho Chi Minh
City’s Go Vap District, said.
Nguyen also emphasized that the first thing to be dealt with
is whether or not the acts of buying and selling sex should be banned.
Worry about law conflict
Lawyer Ha Hai, from the Ho Chi Minh City Bar Association, said
that the proposal can lead to a law conflict.
“If the proposition is accepted, it will contradict the law,
especially the Constitution,” lawyer Hai said.
Citing Article 21 of the 2013 Constitution, the lawyer said,
“Everyone has the right to inviolability of their private life, personal and
family secrets; and is entitled to protect their honor and reputation. The
security of information about private life, personal or family secrets shall
be guaranteed by law.”
“Some people reckon that the publication of sex buyers’ names
is a lawbreaking act, but they still consider this a necessary move to combat
prostitution,” Huynh Phuoc Hiep, another lawyer, said.
However, it will be a serious mistake to promulgate an
unlawful regulation to curb prostitution, he noted.
Lawyer Pham Thanh Binh remarked that sex buying or selling is
an administrative violation that should not be treated criminally, and
therefore the names of the sex buyers are advised not to be publicized.
People engaging in sex buying should not be considered
criminals except for cases in which they purchase sex from minors, lawyer
Binh said.
He advised that lawmakers should carefully consider the
possible consequences of such name publication.
“It may cause unforeseeable social consequences. There were
circumstances in which people committed suicide after the names of their
fathers were revealed as sex buyers,” the lawyer warned.
TUOI TRE NEWS
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Thứ Ba, 24 tháng 11, 2015
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