Why does international community neglect HUMAN RIGHTS VIOLATIONS of Vietnam


Fédération Internationale
des Ligues des Droits de l’Homme
Vietnam Committee
on Human Rights
Human Rights Violations in
the Socialist Republic of Vietnam
A Parallel NGO Report by
Vietnam Committee on Human Rights and
International Federation of Human Rights (FIDH)
Submitted in advance of the
Universal Periodic Review of Vietnam
Fifth Session of the UPR Working group of the Human Rights Council
Geneva, May 2009

International Federation of Human Rights Leagues (FIDH)
17 passage de la Main d’Or – 75011 Paris – France – E-m ail: fidh@fidh .org – Web: http://www.fidh.org
Vietnam Committee on Human Rights
BP 60063, 94472 Boissy Saint Léger cedex, France – E-m ail: queme@free.fr – Web: http://www.queme.net
2
T
ABLE OF
C
ONTENTS
¾
Executive Summary
3
¾
Key Areas of Concern and Recommendations
3
¾
Compliance with international human rights instruments
and Cooperation with UN Special Procedures
5
¾
The Restrictive Legal Framework
5
¾
National Security Legislation
5
o
Administrative Detention
5
o
Unlimited Pre-trial detention
6
o
Probationary Detention
6
¾
The Right to Freedom of Expression, Opinion and the Press
6
¾
The Death Penalty
7
¾
The Right to Freedom of Religion and Belief
7
o
The Unified Buddhist Church of Vietnam
7
o
The Roman Catholic Church
7
o
Protestants
8
¾
Discrimination against Indigenous Peoples
8
o
Montagnards
8
o
Khmer Krom
8
¾
The Right to Peaceful Assembly
8
¾
The Rights of Women
8
¾
Violations of Labour Rights
8
¾
Detention Conditions and Ill-treatment of Prisoners
9
¾
Recommendations
9
¾
Annexe I – List of Journalists Detained or Sanctioned in 2008
11
¾
Annexe II – Related Vietnamese Laws and Regulations
12
3
EXECUTIVE SUMMARY
Despite Vietnam’s accession to core human rights treaties and its adoption of extensive new
legislation, serious gaps remain between international norms and Vietnamese laws and practices.
Vietnam continues to adopt laws that restrict the exercise of human rights
and imprisons peaceful
critics under vague “national security
” provisions in violation of its international obligations.
Administrative detention, religious repression, crackdowns on human rights defenders, stifling of press
freedom, widespread use of the death penalty, are serious concerns, as are abuses of women’s rights,
including sex trafficking and coercive birth control policies – Vietnam’s abortion rate is one of the
highest in the world.
The FIDH and the Vietnam Committee on Human Rights’ submission to the UPR on Vietnam focuses
on several pressing concerns summarized below with relevant recommendations:
KEY AREAS OF CONCERN AND RECOMMENDATIONS
¾
Bring
domestic legislation into line with the international human rights treaties
to which
Vietnam is State party, particularly the ICCPR; close the gap between
international obligations
and actual practice;
¾
Revise
national security provisions
in the Penal Code, seven of which carry the death penalty,
and all other laws used to suppress peaceful dissent by conditioning human rights on compliance
with the interests of the one-Party State. These laws make no distinction between violent acts
such as terrorism and acts of peaceful expression, and seriously undermine Vietnam’s
constitutional and legislative framew ork for protecting human rights;
¾
Release all prisoners
detained merely for the peaceful exercise of their rights to freedom of
religion, expression, association or peaceful assembly in violation of the ICCPR;
¾
Revise Article 80 of the Penal Code on
“espionage”
which extends not only to State secrets but
to
“other information and materials
” and is widely used to suppress citizens expressing views over
the Internet. This article carries the death penalty as maximum sentence ;
¾
Abrogate Ordinance 44 which legalizes
detention w ithout trial;
abolish the “legal limbo” created
by unlimited pre-trial detention, probationary detention and the practice of house arrest on “oral
orders” with arbitrary restrictions on freedom of movement and communication;
¾
Abolish the three-fold control mechanism of the
household registration permit
(ho khau),
precinct security warden and curriculum vitae which creates obstacles for rural-to-urban migrants
in accessing education, health and other social services and is used to
discriminate against
religious, political and ethnic monitory groups;
¾
Cease censorship by repealing articles in the Press and Publications Laws, as well as Decrees on
the Internet and Blogs that restrict
freedom of expression and the press;
authorize the
publication of independent new spapers
;
¾
Re-establish the legitimate status of the
Unified Buddhist Church of Vietnam (UBCV)
and all
other non-recognized religious organizatio ns and guarantee their full freedom of activity;
¾
Allow the establishment of
independent political parties
and abrogate legal provisions that could
impede their scope of activities, notably Article 4 of the Constitution on the mastery of the
Communist Party;
¾
Revise the Labour Law to reduce restrictions on the right to strike; authorize the establishment of
free trade unions
outside the Communist Party’s Vietnam Confederation of Labour;

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