Summary action points based on 2012 findings

·         Increased support to the rehabilitation sector is needed; it was estimated that less than 10% of mine/explosive remnants of war (ERW) survivors were able to access rehabilitation programs.

·         More opportunities were needed for survivors and other persons with disabilities to participate in the development, implementation, and monitoring of coordination and planning.

·         Survivors required employment options and job training activities that were aligned with demands and realities of the labor market.

Victim assistance commitments

The Socialist Republic of Vietnam is responsible for landmine survivors, cluster munition victims, and survivors of other ERW.

Casualties

Casualties Overview

Details and trends

On the basis of incomplete data,[1] at least 73 new mine/ERW casualties were identified in Vietnam in 2012, including six from cluster submunitions. All casualties were civilians. Among the 41 adults, 35 were men, four were women, and the sex of two was unknown. Children made up 42% of recorded casualties in 2012; 21 were boys, 11 were girls. Just four incidents with multiple casualties accounted for a third (24) of the total casualties.[2] While the 2012 total represented a significant increase from the 31 casualties reported in 2011 and 42 in 2010, with no nationwide data collection mechanism it is impossible to say whether casualties actually increased or if the higher figures were due to improved monitoring of Vietnamese-language media.

At least 104,973 mine/ERW casualties (38,940 killed; 66,033 injured) have been reported in Vietnam. It was reported that from 1975 to the end of 2007, the Ministry of Labor, Invalids and Social Affairs (MoLISA) recorded 104,701 mine/ERW casualties (38,849 killed; 65,852 injured).[3] The total number of casualties is not known due to a lack of adequate data and the absence of a nationwide casualty data collection mechanism.[4] The semi-governmental organization Project RENEW recorded 7,081 mine/ERW casualties (including 2,637 people killed) between 1975 and the end of 2011 in Quang Tri province alone.[5]

Cluster munition casualties

At least 2,117 casualties from incidents involving cluster munition remnants were reported as of the end of 2012. However, one estimate put the likely total of such casualties as high as 34,000.[6] In many cases, the type of explosive remnants causing casualties could not be determined and all these were recorded as ERW casualties, although there were likely many among them caused by unexploded submunitions.[7] In addition, numerous casualties during cluster munition strikes have been reported.[8] A 2012 study of data for the period 1975–2009 found that 1% of the population of Quang Tri province had been involved in mine/ERW incidents and that unexploded submunitions were the main cause.[9]

Victim Assistance

The total number of mine/ERW survivors is unknown but has been estimated to be between 66,000 and 100,000.[10]

Summary of victim assistance efforts since 1999[11]

Vietnam does not have a national casualty data collection system. However, a major study of survivor needs was undertaken in 2006 and updated in 2010. Clear Path International (CPI) in Vietnam transitioned to national management. CPI continued the geographic expansion of passive casualty surveillance, while providing services to new survivors. Coordination among governmental bodies responsible for the provision of victim assistance and the protection of the rights of persons with disabilities improved considerably since 2010.[12] The number of survivors that received services by both government agencies and civil society organizations or NGOs gradually increased. The NGO and local government collaboration, Project RENEW, steadily increased its services to survivors and the capacity-building of local medical institutions. Landmine Survivors Network Vietnam (LSNV) became the first organization to include survivors in the design and provision of services and the only international NGO to successfully transition from an international to a national NGO, becoming the Association for Empowerment for Persons with Disability (AEPD) in 2010.

By 2010, survivors had more opportunities to access free healthcare programs and inclusive education programs provided by the government and relevant organizations. Physical rehabilitation also improved in both quality and in the number of services available from existing service providers. Since 1995, the ICRC Special Fund for the Disabled (SFD) has assisted the Vietnamese rehabilitation sector to both increase the quality of its services and expand their geographical coverage to virtually the entire country, while serving the country’s most vulnerable populations.

The greatest improvements seen by organizations representing mine/ERW survivors and persons with disabilities since the Monitor began reporting on Vietnam in 1999 have been in the development of laws designed to protect their rights and provide access to services. Gradual improvements were made in economic reintegration by creating more employment opportunities, increasing accessibility to available services and in social inclusion activities. Poor survivors in rural areas were especially vulnerable. Reaching survivors in remote and rural areas remained difficult for service providers and generally these populations did not receive adequate assistance.[13]

Victim assistance in 2012

In 2012, services for mine/ERW survivors continued to improve in quality, quantity, and accessibility in Vietnam. The number of survivors that received services from both government agencies and civil society organizations or NGOs rose again, in line with an overall gradual increase in recent years. However, outside major population centers, accessibility to services and activities was lacking, particularly in remote areas.

Assessing victim assistance needs

There was no national survey or needs assessment for mine/ERW survivors in 2012. However, an ongoing nationwide impact survey conducted by the National Steering Committee for Mine Action (NSCMA) contains information regarding casualties. Vietnam Bomb/Mine Action Center (VBMAC), which is the secretariat for the steering committee, also hosts the national database on casualties, which became operational in September 2011.[14]

In 2012, inter-sectoral government discussions began with international organizations regarding the development of a pilot injury surveillance system that would include mine/ERW casualties.[15] Subsequently in early 2013, MoLISA, the Vietnam Veterans of America Foundation (VVAF), and the International Labour Organisation (ILO) conducted a fact-finding mission with funding and technical support by the Geneva Centre for Humanitarian Demining (GICHD).[16]

MoLISA is responsible for the collection and management of information regarding persons with disabilities overall, including mine/ERW survivors. Information on the needs of mine/ERW survivors was collected through broader assessments of the needs of persons with disabilities. However, in the absence of a comprehensive national database on persons with disabilities, information remained scattered and inconsistent. Various ministries, such as those for education and heath, also collect and manage information on persons with disabilities as part of their activities. This information was used to develop, adjust, or supplement policies and programs that support persons with disabilities, including survivors.[17] In 2012, MoLISA began planning a needs assessment for the employment of persons with disabilities.[18] No progress was reported on this initiative through the end of 2012.

In 2012, there were ongoing NGO activities to assess the needs of the survivors through regular implementation of projects and services.[19] Project RENEW continued to use its 2010 survey update to improve program effectiveness.[20] CPI routinely employs a participatory process with survivors to determine the type and extent of the services to be provided.[21] Also in 2012, enterprises and production foundations employed at least 32 persons with disabilities in Quang Binh province alone.[22]

Victim assistance coordination in 2012[23]

The “National Mine Action Program for Vietnam Period 2010–2025,” which includes victim assistance, was approved by the Prime Minister in April 2010. In April 2011, MoLISA issued the decision to implement the first phase of the “Victim Assistance Project for the Period 2012–2015.” The project is managed and implemented by MoLISA in cooperation with relevant authorities at the central, provincial, and sub-provincial levels. MoLISA’s Department of Social Protection is directly responsible for coordination.[24] The project framework details key actions to be taken, responsible or cooperating agencies, and annual budgets. The project framework does not specify timeframes for the actions or the method of coordination. MoLISA continued to facilitate meetings and develop detailed action plans and budgets for victim assistance sub-projects under the national program in 2012. [25]

The National Coordinating Council for Disabilities (NCCD) is responsible for the implementation of the Convention on the Rights of Persons with Disabilities (CRPD). It also liaised with national and foreign organizations.[26]

Non-governmental service providers also discussed victim assistance at meetings of the Landmine Working Group. In 2012, the Landmine Working Group organized two coordination meetings, the same frequency as in the previous year.[27]

The first official national coordination body of disabled persons’ organizations, the Vietnam Federation on Disability (VFD), was established in March 2011.[28]

Inclusion and participation in victim assistance

Survivors and organizations which represent them were not included in the development of the Victim Assistance Project within the NMAP.[29]

The inclusion of mine/ERW survivors and persons with disabilities or their representative organizations in planning and provision of victim assistance again increased in 2012.[30] Survivors/persons with disabilities or their representative organizations were consulted in the planning or monitoring of programs and activities and in developing legislation. They also attended meetings, seminars, or workshops to contribute recommendations and share lessons learned.[31]

Survivors and other persons with disabilities did not have many opportunities to participate in the development, implementation and monitoring of plans. MoLISA officially consults ministries and departments. However, in some cases the opinions and comments of survivors and other persons with disabilities or their representative organizations were taken into account.[32] Persons with disabilities and their representative organizations were consulted in the development or review of national programs, such as the national poverty reduction program, vocational laws, and various educational policies relevant to them.[33]

Many NGOs have consulted survivors and other persons with disabilities on issues related to their needs and adjusted their services in accordance with survivors’ recommendations. Survivors and persons with disabilities implement victim assistance activities with some NGOs, including AEPD, which continued to employ survivors.[34]

Service accessibility and effectiveness

Victim assistance activities[35]

Emergency and continuing medical care

In Vietnam’s central provinces, CPI continued to cover hospital expenses for survivors immediately following mine/ERW incidents and also provided transportation and per diems during the patients’ treatment period. In mid-2013, CPI began discussions with MoLISA towards to goal of establishing a nationwide system for the implementation of emergency assistance support that could respond to all new mine/ERW incidents in Vietnam.

Physical rehabilitation including prosthetics

In 2012, the Ministry of Health estimated less than 10% of mine/ERW survivors were able to access rehabilitation programs in Vietnam.[36] About one third of newly registered ICRC beneficiaries continued to be war victims; many were being assisted for the first time. The ICRC continued to focus efforts on centers in the south of the country where 85% of its beneficiaries are located, butended support to three centers in 2012 due to decreases in identification of new patients in those centers. The ICRC also conducted an impact assessment of its work in Vietnam. Among the findings were that only 10% of those receiving services would seek prostheses if required to pay for them because of the cost compared to the quality of prosthetics available from other sources, as well as travel and time restrictions. The assessment also found that there was relative gender parity regarding accessibility of services.[37]

Economic and social inclusion and psychological support

Only 30% of persons with disabilities in Vietnam have stable employment or sufficient income to lead independent lives and support their families. A lack of decent work inhibits persons with disabilities from realizing their rights and often means they are living in poverty at much higher rates than the general population.[38]

The majority of persons with disabilities remain unemployed and continued to face discrimination in hiring. There remained a significant need for employment and training opportunities for mine/ERW survivors and other persons with disabilities. Economic inclusion services for persons with disabilities, including mine/ERW survivors, have increased in recent years. However training for persons with disabilities generally remained inadequate and was not aligned with demands of the labor market.[39] Those who require prostheses face even greater challenges if they are not able to acquire them.[40] In 2013, the VFD launched a project to be carried out in Hanoi and the three central provinces of Quang Tri, Quang Nam, and Binh Dinh over a three-year period to improve access to socioeconomic services for persons with disabilities.[41]

The Blue Ribbon Employers Council (BREC), established in 2007, increased the number of businesses that were members and provided consultations and employment for persons with disabilities.[42]

Psychological support was not widely available and, although it was integrated in rehabilitation processes, did not receive separate government resources. Social inclusion services for survivors and other persons with disabilities were provided through both government and NGO programs.[43] To increase the capacity of local actors in psychological assistance, in March 2012 the Center for International Stabilization and Recovery (CISR) conducted a peer-support workshop for persons with disabilities in partnership with AEPD.[44]

Laws and Policies

The first comprehensive national law providing for the rights of persons with disabilities came into effect in January 2011. The law prohibits discrimination against persons with disabilities and requires equality in healthcare, rehabilitation, education, vocational training, and employment.[45] The Ministry of Transportation implemented accessibility for public transport, including providing staff training and materials on physical accessibility. Construction or major renovation of new government buildings and large public buildings must include access for persons with disabilities. The Ministry of Construction units enforced accessibility regulations, primarily in major cities and pilot locations, as well as provided training on construction codes for inspectors and architectural companies.[46]

Vietnam signed the CRPD on 22 October 2007.