Human Rights under Siege in Vietnam

Last Update 22 March 2012
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Human Rights under Siege in Vietnam
Despite having ratified some of the key international human rights treaties, Vietnam continues to make a mockery of its human rights obligations domestically by routinely violating the rights of its people. In 2010 and 2011, we have witnessed an escalating pattern of repression of individuals and groups advocating for universally recognised human rights, as an increasing number of human rights defenders, journalists, lawyers and religious activists have been intimidated, arbitrarily detained, convicted and jailed or put under house arrest. Unprecedented peaceful protests in Hanoi opposing China’s claim to islets in the South China Sea faced a severe crackdown after being held for more than 10 weeks from June to August 2011.

Donors and development agencies have contributed a substantial amount of financial assistance to legal reform and good governance programs in Vietnam, but these have so far failed to have a positive impact on the ground as Vietnam continues to adopt and use restrictive laws to silence and criminalise the peaceful exercise of fundamental freedoms. The rule of law has been replaced by the rule by law in Vietnam.

This page provides quick access to the statements and reports on Vietnam done by FIDH and the Vietnam Committee on Human Rights (VCHR), as well as links to UN documents related to human rights in Vietnam.

FIDH and VCHR reports:

VCHR: Violations of the Rights of Ethnic and Religious Minorities in the Socialist Republic of Vietnam

VCHR: Rule of Law or Rule by Law? Crimes and Punishment in the Socialist Republic of Vietnam

FIDH-VCHR: From ”Vision” to Facts: HUMAN RIGHTS IN VIETNAM under its Chairmanship of ASEAN

FIDH-VCHR: The Death Penalty in the Socialist Republic of Vietnam, Special Edition

The Observatory for the Protection of Human Rights Defenders: Vietnam – 12 human rights defenders have the floor

VCHR: Alternative Report on the Implementation of the UN Convention on the Elimination of Discrimination against Women (CEDAW)

FIDH and VCHR statements:

15 March 2012: UN Committee on the Elimination of Racial Discrimination (CERD) issues conclusions on Vietnam

20 February 2012: UN to review Vietnam’s efforts to eliminate racial discrimination

10 February 2012: Enforced disappearance while in detention of Mr. Nguyen Van Hai (alias Dieu Cay)

10 January 2012: Viet Nam - EU: Release of rights and pro-democracy activists litmus test for human rights dialogue

The First Universal Periodic Review of Vietnam at the Human Rights Council (May 2009):

VCHR-FIDH parallel NGO report, submitted in advance of UPR of Vietnam (PDF)

16 March 2009, Compilation of UN information (A/HRC/WG.6/5/VNM/2) (PDF)

23 February 2009, Summary of stakeholders’ information (A/HRC/WG.6/5/VNM/3) (PDF)

17 September 2009, Report of the Working Group on the Universal Periodic Review of Vietnam (PDF)

UN treaty body documents:

CERD: Concluding observations of the Committee on the Elimination of Racial Discrimination, March 2012 (CERD/C/VNM/CO/10-14)

CEDAW: Concluding comments of the Committee on the Elimination of Discrimination against Women, 2007 (CEDAW/C/VNM/CO/6)

CRC - Committee on the Rights of the Child
- Concluding observations on report submitted by Vietnam under the Optional Protocol to the Convention on the rights of the Child on the Sale of Children, Child Prostitution and Child Pornography (OPSC), 2006 (CRC/C/OPSC/VNM/CO/1)
- Concluding observations on report submitted by Vietnam under the Optional Protocol to the Convention on the rights of the Child on the Involvement of Children in Armed Conflict, 2006 (CRC/C/OPAC/VNM/CO/1)

ICCPR – Concluding observations of the Human Rights Committee, 2002 (CCPR/CO/75/VNM)

CERD - Concluding observations of the Committee on the Elimination of Racial Discrimination, 2001 (A/56/18,paras.408-428)

OVERDUE REPORTS [1]
- ICCPR 3rd periodic report overdue since 2004
- Combined CEDAW 7th and 8th report overdue since March 2011
- CESCR 2nd, 3rd and 4th periodic reports overdue since 1995, 2000, 2005 respectively

UN special procedures documents:

December 2011: End-of-mission statement by the UN Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health, Mr. Anand Grover in the Country Visit to Viet Nam, 25 November to 5 December 2011

May 2011: Report of the Independent Expert on the effects of foreign debt and other related international financial obligations of States on the full enjoyment of human rights, particularly economic, social and cultural rights - Preliminary note on mission to Viet Nam (A/HRC/17/37/Add.2)

May 2011: Report of the Independent Expert on the question of human rights and extreme poverty - Mission to Viet Nam (A/HRC/17/34/Add.1)

January 2011: Report of the independent expert on minority issues - Mission to Viet Nam (A/HRC/16/45/Add.2)

PENDING REQUESTS:
- Independent Expert on the issue of human rights obligations related to access to safe drinking water and sanitation (requested in 2008)
- SR on the right to food (requested in 2008)
- SR on freedom of religion or belief (requested in 2008, reminder in 2009)
- SR on extrajudicial, summary or arbitrary executions (requested in 2006)
- SR on the right to freedom of opinion and expression (requested in 2002)

Key UN human rights instruments in Vietnamese:

The following texts have been translated into Vietnamese by the Vietnam Committee on Human Rights and are available here:
- A brief history of Human Rights (page 5)
- The Universal Declaration on Human Rights (page 11)
- The Declaration on Human Rights Defenders (page 20)
- The International Covenant on Civil and Political Rights (ICCPR) (page 32)
- The International Covenant on Economic, Social and Cultural Rights (ICESCR) (page 47)

Footnotes

[1] According to information from the OHCHR treaty body database, accessed on August 19, 2011

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