International Covenant on Civil and Political Rights - Vietnam 8/2019
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United Nations
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CCPR/C/VNM/CO/3
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International Covenant on
Civil and Political Rights |
Distr.: General
29 August 2019
Original: English
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Human
Rights Committee
1. The
Committee considered the third periodic report of Viet Nam (CCPR/C/VNM/3) at
its 3580th and 3581st meetings (see CCPR/C/SR.3580 and 3581), held on 11 and 12
March 2019. At its 3599th and 3600th meetings, held on 25 March 2019, it
adopted the present concluding observations.
A. Introduction
2. The
Committee welcomes the submission of the third periodic report of Viet Nam,
albeit over 13 years late, and the information presented therein. It expresses
appreciation for the opportunity to renew its constructive dialogue with the
State party’s delegation on the measures taken during the reporting period to
implement the provisions of the Covenant. The Committee is also grateful to the
State party for its written replies (CCPR/C/VNM/Q/3/Add.1) to the list of
issues (CCPR/C/VNM/Q/3), which were supplemented by the oral responses provided
by the delegation, and for the supplementary information provided to it in
writing.
B. Positive aspects
3. The
Committee welcomes the following legislative, institutional and policy measures
taken by the State party:
(a) The inclusion of a chapter on human
rights and citizen’s fundamental rights in the amended Constitution of 2013;
(b) The amendments to the Penal Code and
the Criminal Procedure Code of 2015 that, inter alia, provide for the right to
access to counsel at all stages of criminal proceedings, broaden eligibility
for free legal counsel and introduce the requirement to record interrogations
of accused persons by investigation authorities on official premises;
(c) The amendment to the Law on Legal Aid
of 2017, which expands the list of beneficiaries of legal aid;
(d) The amendment to the Law on
Enforcement of Custody and Temporary Detention of 2015, which provides, inter
alia, for the right to family visits and legal assistance, in particular during
police investigations;
(e) Amendments to the Law on Vietnamese
Nationality of 2014, which facilitate the acquisition of Vietnamese nationality
by refugee and stateless persons;
(f) The Law on Trafficking of 2011,
which prohibits forced labour and sexual exploitation;
(g) The National Strategy on Gender
Equality (2011–2020).
4. The
Committee also welcomes the State party’s ratification of, or accession to, the
following international instruments on 5 February 2015:
(a) The Convention on the Rights of
Persons with Disabilities;
(b) The Convention against Torture and
Other Cruel, Inhuman or Degrading Treatment or Punishment.
C. Principal matters of concern and
recommendations
Domestic
implementation and dissemination of the Covenant
5. The
Committee notes the State party’s efforts to comply with its Covenant
obligations, including through the revision of certain legislation;
nevertheless, it is concerned that the domestic legal framework remains
incompatible with the Covenant. It is concerned that the Constitution does not
fully incorporate the rights guaranteed in the Covenant and that national
legislation imposes overly broad restrictions on the Covenant rights, including
on the basis of national security. The Committee regrets that the level of
knowledge about the Covenant in the State party is inadequate, despite
awareness-raising initiatives, and that no court decisions refer to the
Covenant in the application or interpretation of domestic law. It also regrets
that the State party still has not ratified the first Optional Protocol to the
Covenant (art. 2).
6. The
State party should:
(a) Review
its domestic legal framework to identify gaps and conflicts with the Covenant,
ensure that all Covenant rights are given full legal effect in its domestic
legal order and, where required, establish clear and specific restrictions to
the exercise of the Covenant rights that are necessary and proportionate;
(b) Step
up efforts to effectively provide specialized training on the Covenant for
government officials, police and law enforcement officials, prosecutors and
judges, to ensure they apply and interpret it, and also for National Assembly
members so that they adopt domestic laws in the light of the Covenant, and
carry out awareness-raising among the general public;
(c) Consider
ratifying the first Optional Protocol to the Covenant, which establishes an
individual complaint mechanism (CCPR/CO/75/VNM, para. 6).
National
human rights institution
7. While
noting the existence of national governmental bodies with mandates relating to
human rights, the Committee remains concerned at the absence of an independent
body compliant with the principles relating to the status of national
institutions for the promotion and protection of human rights (the Paris
Principles). The Committee regrets the absence of concrete actions and a time
frame for the establishment of such an institution (art. 2).
8. Recalling
its previous recommendation (CCPR/CO/75/VNM, para. 11), the Committee
reiterates that the State party promptly establish a national human rights
institution for the promotion and protection of human rights, in line with the
Paris Principles.
States
of emergency
9. The
Committee notes that the State party has not invoked a state of emergency since
2002. However, it is concerned that existing legislation and regulations
governing the states of emergency do not define the permissible derogations and
restrictions on human rights in the event of public emergency, nor do they
explicitly prohibit derogations from the non-derogable provisions of the
Covenant (art. 4).
10. The
State party should promptly bring legislation governing states of emergency
into line with article 4 of the Covenant, as interpreted in the Committee’s
general comment No. 29 (2001) on derogations from the Covenant during a state
of emergency, particularly with regard to the non-derogable provisions of the
Covenant, and limit any derogations to those that are strictly required by the
exigencies of the situation. If the State party avails itself of the right of
derogation, it shall immediately inform other States parties to the Covenant,
through the intermediary of the United Nations Secretary-General, of the rights
it has derogated from in time of public emergency and the reasons therefor, in
accordance with article 4 (3) of the Covenant.
Counter-terrorism
11. The
Committee is concerned about the use of unclear terminology in the
counter-terrorism legal framework, specifically the offence of “terrorism to
oppose the people’s Government” under article 113 of the Penal Code, which is
broad and can lend itself to arbitrary and abusive implementation (arts. 2, 9
and 14).
12. The
State party should ensure that counter-terrorism legislation is in full
conformity with international standards and is limited to crimes that would
clearly qualify as acts of terrorism, and should define such acts in a precise
and narrow manner.
Non-discrimination
framework
13. The
Committee is concerned that the current legal framework does not afford
comprehensive protection against discrimination on all the grounds prohibited
under the Covenant (arts. 2 and 26).
14. The
State party should consider adopting a comprehensive anti-discrimination law,
to ensure that its legal framework provides for full and effective protection
against all forms of discrimination in all spheres, and a comprehensive list of
grounds for discrimination, including race, colour, national or social origin,
birth, disability, age, sexual orientation and gender identity and any other
status. It should also ensure that reported acts of discrimination are
effectively addressed and victims are provided with full reparation.
Sexual
orientation, gender identity, intersex status and persons with HIV
15. The
Committee welcomes the efforts made by the State party to improve the situation
of lesbian, gay, bisexual, transgender and intersex persons, including by
eliminating the prohibition on same sex-marriage and providing for legal gender
recognition. It takes note of the ongoing drafting of a law regarding
transgender persons. Nevertheless, it is concerned that persons continue to
face discrimination on the grounds of their sexual orientation and gender
identity. It is also concerned by the absence of legal recognition and
protection of same-sex couples, and that infants and children under the age of
9, born with intersex variations, may undergo irreversible medical
interventions for purposes of gender assignment that are performed before the
children concerned are able to provide free and informed consent. The Committee
is further concerned that people living with HIV continue to face
discrimination and stigmatization (arts. 2–3, 7, 9, 17, 24 and 26).
16. The
State party should:
(a) Intensify
its efforts to eradicate all forms of discrimination and violence against and
social stigmatization of persons based on their sexual orientation, gender
identity, or HIV status, and provide access to effective remedies for victims
of such acts;
(b) Establish
a procedure for legal gender recognition without a medical requirement that is
compatible with the Covenant;
(c) Consider
providing legal recognition of and protection for same-sex couples;
(d) Take
measures to end irreversible medical treatment of intersex children who are not
yet able to provide fully informed and free consent, unless such procedures
constitute an absolute medical necessity.
Persons
with disabilities
17. Despite
efforts to advance the rights of persons with disabilities, the Committee is
concerned about discrimination faced by persons with disabilities, including in
accessing public services (arts. 2 and 26).
18. The
State party should intensify its efforts to protect persons with disabilities
from discrimination, ensure that they have full access to public services,
including education, employment and public transportation, and raise awareness
of the rights of persons with disabilities, including among government officials,
health workers and the general public.
Equal
rights of men and women
19. While
the Committee welcomes the efforts to overcome gender discrimination, it is
concerned that some legislation still has discriminatory provisions that are
incompatible with the Covenant. It is further concerned at the limited
participation of women in political life, and at gender biases, stereotypes and
discrimination they continue to face, especially in rural areas (arts. 2, 3,
17, 25 and 26).
20. The
State party should amend its legislation, including the Labour Code, to be in
conformity with the Covenant. It should strengthen measures to increase women’s
participation in all spheres, particularly in high-level decision-making positions
and political life, if necessary, through temporary special measures. The State
party should also increase efforts to eliminate gender biases and stereotypes.
Violence
against women
21. Despite
measures taken to address gender-based violence, the Committee is concerned
that domestic violence against women persists. It is also concerned that the
Penal Code, while establishing rape as a crime, does not explicitly provide for
marital rape. It is further concerned over reports of frequent use of
reconciliation and mediation in cases of domestic violence, which may favour
men and hinder women’s access to justice and effective remedies (arts. 2–3, 6–7
and 26).
22. The
State party should:
(a) Redouble
its efforts to prevent and address all forms of gender-based violence;
(b) Explicitly
criminalize marital rape and sexual abuse;
(c) Intensify
awareness-raising measures on domestic violence and its detrimental impact on
the lives of victims;
(d) Address
factors that contribute to victims’ reluctance to report abuse;
(e) Ensure
that cases of violence are investigated, perpetrators are prosecuted and, if
convicted, punished, and victims are compensated;
(f) Refrain
from pressuring victims to resort to alternative dispute-resolution processes.
Death penalty
23. The
Committee notes with concern that the death penalty is still available for
crimes, including drug-related crimes, economic and other crimes, that do not
meet the threshold of the most serious crimes within the meaning of article 6
(2) of the Covenant. While the Committee notes that the President has the legal
authority to commute death sentences, the Committee is concerned at reports of
a high number of death sentences and executions. It is also concerned that some
of the trials that led to such sentences may have been unfair and marred by
procedural irregularities, such as in the cases of Ho Duy Hai and Van Manh. The
Committee is further concerned by the lack of publicly available official data
on the number of persons sentenced to death, executed or on death row (arts. 6
and 14).
24. The
Committee reiterates its recommendation (CCPR/CO/75/VNM, para. 7) that the
State party should:
(a) Consider
introducing a moratorium on the application of capital punishment and ratifying
or acceding to the Second Optional Protocol to the Covenant, aiming at the
abolition of the death penalty;
(b) Until
a moratorium is in place, amend the Penal Code to further reduce the number of
crimes subject to the death penalty and ensure that such punishment is retained
only for the most serious crimes, that is, for crimes of extreme gravity
involving intentional killing;
(c) Ensure
that the death penalty is not a mandatory sentence for any crimes and, if
imposed, is never in violation of the Covenant’s provisions, including with
regard to fair trial procedures, and give reasonable advance notice of the
scheduled date and time of execution to the affected death row inmates and
their families;
(d) Ensure
that pardons or commutations of death penalty sentences are effectively
available in all cases, and regardless of the crimes committed;
(e) Publish
official figures regarding death sentences and executions, disaggregated by
sex, age, ethnicity, religion and crime.
Right
to liberty and security of persons
25. The
Committee is concerned at reports that persons, particularly human rights
defenders, activists, and religious leaders, may face arbitrary arrests,
detention, and incommunicado detention without charges. It is also concerned
about the excessive use of pretrial detention in the absence of legal
guarantees, such as appearance before a judge, access to a lawyer from the time
of arrest and the right to inform family members. It is further concerned that
following release from custody, some persons are placed under de facto house
arrest. The Committee is concerned that under domestic legislation:
(a) Persons arrested or detained in cases
related to national security crimes can be denied access to a lawyer during the
whole investigation period;
(b) Persons arrested or detained on
criminal charges may be remanded in custody on the authorization of a
prosecutor, who may also decide on any subsequent extensions of custody, which
can be indefinite in cases related to national security crimes;
(c) A prosecutor, rather than a judge,
decides on the lawfulness of detention of persons deprived of their liberty
(arts. 2 and 9).
26. Recalling
its previous recommendation (CCPR/CO/75/VNM, para. 8), the Committee recommends
that the State party bring its legislation and practice on detention into line
with article 9 of the Covenant, in particular by ensuring that:
(a) Persons
arrested or detained on criminal charges have access to counsel from the outset
of the deprivation of liberty, and are brought promptly before a judge or other
officer authorized by law to exercise judicial power, ordinarily within 48
hours, in order to bring their detention under judicial control;
(b) The
judicial review of the detention of anyone deprived of his or her liberty
satisfies the requirements of article 9 (4) of the Covenant and entails a
review of the factual basis for the detention. The Committee draws attention to
its general comment No. 35 (2014) on liberty and security of person,
particularly to paragraphs 32, 33 and 39, indicating, inter alia, that a public
prosecutor cannot be considered as an officer exercising judicial power under
article 9 (3) of the Covenant.
Torture
and ill-treatment
27. The
Committee is concerned that the criminal legislation, particularly the Penal
Code, does not explicitly criminalize torture. It is equally concerned about
reports of the widespread use of torture and ill-treatment, in particular
during pretrial detention, sometimes resulting in death in custody, including
of members of ethnic and religious minorities. It is also concerned that
families face reprisals for questioning the cause of death of their family
members in custody (arts. 2, 6–7 and 10).
28. The
State party should take vigorous measures to eradicate torture and ill-treatment
and more specifically to, inter alia:
(a) Amend
the Penal Code and other legislation to explicitly criminalize acts of torture,
with a definition of torture in conformity with article 7 of the Covenant and
other international standards, preferably by codifying torture as an
independent crime that is not subject to a statute of limitations and
stipulating sanctions commensurate with the gravity of the crime;
(b) Ensure
that all allegations of torture and ill-treatment and deaths in custody are
promptly and thoroughly investigated by an independent and impartial body, that
perpetrators are prosecuted and, if convicted, are punished with sanctions
consistent with the gravity of the crime, and that victims and, where
appropriate, their families are provided with full reparation, including
rehabilitation and adequate compensation.
Conditions
of detention
29. The
Committee is concerned at consistent reports of poor conditions of detention,
including overcrowding, use of prolonged solitary confinement, shackling,
abuses by other prisoners at the instigation of prison officials,
non-separation of healthy prisoners from those with contagious diseases,
intentional exposure of prisoners to HIV infection, denial of medical care and
the punitive transfer of prisoners. It is also concerned at reports of
discriminatory treatment between regular prisoners and prisoners of conscience
pursuant to Circular 37 of the Ministry of Public Security (2011), which
provides for separate detention of prisoners of conscience that, in practice,
amounts to solitary confinement that can be extended indefinitely. It regrets
the absence of a national mechanism to independently and regularly monitor and
inspect detention centres and prisons, and the lack of information on the total
prison population compared with the prison capacity, disaggregated by facility
(CCPR/CO/75/VNM, para. 12) (arts. 7 and 9–10).
30. The
State party should:
(a) Improve
conditions of detention in accordance with the Covenant and the United Nations
Standard Minimum Rules for the Treatment of Prisoners (the Nelson Mandela
Rules);
(b) Eliminate
overcrowding in places of detention, including by using non-custodial
alternative measures to detention in conformity with the Covenant and other
relevant international standards, such as the United Nations Standard Minimum
Rules for Non-custodial Measures (the Tokyo Rules);
(c) Refrain
from imposing solitary confinement, except in the most exceptional
circumstances, for strictly limited periods, where it is objectively justifiable
and proportionate, and avoid using punitive transfers to separate prisoners
from their families;
(d) Hold
prison staff and prisoners acting under their instructions accountable for acts
of ill-treatment and torture;
(e) Guarantee
that persons deprived of their liberty receive adequate medical care, and that
healthy prisoners are separated from those with highly contagious diseases;
(f) Establish
an independent and effective mechanism mandated to regularly monitor conditions
of places of deprivation of liberty;
(g) Consider
acceding to the Optional Protocol to the Convention against Torture.
Compulsory
drug rehabilitation centres
31. The
Committee is concerned about the situation of drug users confined to drug
rehabilitation centres, who are allegedly subjected to compulsory
detoxification treatment and forced labour. It is also concerned at the
reportedly inadequate medical care and onerous work conditions and the large
number of persons confined in such centres (arts. 8–10 and 24).
32. The
State party should:
(a) Pursue
a comprehensive review of relevant laws, policies and practices vis-à-vis
drug-dependent persons, particularly those deprived of their liberty in
compulsory drug rehabilitation centres, with a view to bringing them into full
compliance with the Covenant, including by ending the use of forced labour in
such rehabilitation centres;
(b) Ensure
that all persons detained in connection with drug addiction problems are
treated with humanity and respect for the inherent dignity of the human person;
(c) Introduce
an effective mechanism with formal authority to decide on complaints of persons
deprived of their liberty in compulsory drug rehabilitation centres.
Independence
of the judiciary and fair trial
33. The
Committee is concerned regarding the influence on the procuracy and the
judiciary of the ruling party, thereby undermining their independence, and the
lack of confidence of the public in the justice system. It also remains
concerned at judges’ lack of security of tenure.
34. The
Committee reiterates its recommendation (CCPR/CO/75/VNM, para. 9) that the
State party should take immediate steps to protect the independence and
impartiality of the judiciary and the procuracy, guarantee that they are free
to operate without interference and ensure transparent and impartial processes
for appointments to the judiciary and the procuracy.
35. The
Committee is concerned about allegations of violations of fair trial guarantees
for detainees, especially in cases involving human rights defenders, political activists
and individuals accused of crimes related to national security, including the
denial of the right to legal assistance, access to a lawyer of their choice and
a trial within a reasonable time; insufficient time and facilities to prepare
their defence; and the lack of lawyer-client confidentiality pursuant to
article 19 of the Penal Code. It is concerned at reports that lawyers
representing human rights defenders, political activists and individuals
accused of crimes related to national security face retaliation, disbarment,
harassment, threats, arbitrary arrest and detention, and physical attacks,
which undermines the right to a fair trial. The Committee is particularly
concerned of the case of the lawyer Nguyen Van Dai (arts. 2, 9, 14 and 22).
36. The
State party should ensure:
(a) The
right to a fair trial without undue delay, in accordance with article 14 of the
Covenant and the Committee’s general comment No. 32 (2007) on the right to
equality before courts and tribunals and to a fair trial;
(b) That
detainees have unhindered, prompt and adequate access to the lawyer of their
choice or free legal aid from the outset of the detention, that all
communication between counsel and the accused remains confidential and that the
presumption of innocence is strictly observed;
(c) That
lawyers are able to advise and represent persons charged with criminal offences
in accordance with generally recognized professional ethics, without
restrictions, influence, pressure or undue interference from any quarter, in
line with the Basic Principles on the Role of Lawyers, and ensure that threats
and attacks on lawyers are investigated and prosecuted and that victims are
provided with effective remedies.
Juvenile
justice
37. While
welcoming the efforts to strengthen the juvenile justice system, the Committee
is concerned that the family and juvenile courts exist in only two provinces.
It is also concerned at the definition of the age of a child as a person under
16 years, which creates protection gaps for children aged 16 and 17 years,
especially those facing deprivation of liberty. The Committee is further
concerned that, despite the adoption of alternative measures to deprivation of a
child’s liberty, detention of children in conflict with the law reportedly
remains common (arts. 9, 14 and 24).
38. The
State party should:
(a) Consider
legislative amendments to define the age of a child as a person up to 18 years,
in line with international standards;
(b) Pursue
efforts to strengthen the juvenile justice system by setting up additional
specialized courts, and provide them with adequate resources, including
designating trained specialized judges;
(c) Ensure
that detention and incarceration are only used as a last resort and for the
shortest period of time, and that detained children are separated from adult
detainees.
Human
trafficking
39. The
Committee is concerned that victim support facilities and social protection
centres for vulnerable groups, including victims of trafficking, may be
underresourced and that shelters exclusively for male and child victims are
absent. It is also concerned about the limited access of victims of human
trafficking to social services, particularly in the absence of household
registration, and that stigmatization and retribution in local communities may
discourage victims from seeking such services (arts. 2–3, 8 and 24).
40. The
State party should:
(a) Intensify
efforts to prevent, suppress and punish trafficking in persons;
(b) Provide
victims with effective protection, assistance and remedies;
(c) Ensure
access to social services and the availability of a sufficient number of
adequately funded shelters for victims, including for men and children;
(d) Continue
its raising-awareness efforts to eradicate the stigmatization of victims of
trafficking.
The
right to leave and enter one’s country
41. The
Committee is concerned that the Penal Code criminalizes “fleeing abroad or
defecting with a view to opposing the people’s administration” (art. 121). It
is also concerned at reports of persons belonging to ethnic minorities and
indigenous peoples being prevented from leaving the State party’s territory to
seek asylum. It is further concerned that, in collaboration with neighbouring
countries, those who flee can be subjected to forcible return and criminal
proceedings, including under the above-mentioned provision. The Committee is
concerned about other arbitrary restrictions imposed, particularly against
human rights defenders, such as international travel bans, the confiscation of
or refusal to issue passports and forced exile (arts. 2, 9 and 12).
42. The
State party should refrain from forcing citizens into exile and respect their
right to be protected against any action impeding their access to or stay in
its territory in accordance with article 12 (4) of the Covenant and the
Committee’s general comment No. 27 (1999) on freedom of movement. The State
party should guarantee full respect for the freedom to leave one’s country,
including by repealing article 91 of the Penal Code, refrain from arbitrarily
imposing travel bans, ensure that any travel ban is justified under article 12
(3) of the Covenant and lift bans that are not in compliance with that article.
Freedom
of religion
43. The
Committee is concerned that the Law on Religion and Belief of 2016 unduly
restricts the freedom of religion and belief, such as through the mandatory
registration and recognition process for religious organizations and
restrictions on religious activities based on vague and broadly interpreted
legal provisions related to national security and social unity. It is also
concerned that members of religious communities and their leaders,
predominantly unregistered or unrecognized religious groups, ethnic minorities or
indigenous peoples, face various forms of surveillance, harassment,
intimidation, property seizure or destruction, are forced to renounce their
faith, pressured to join a competing sect and are subject to physical assaults,
which sometimes leads to death. It is disturbed by reports that non-State
actors, such as the “red flag associations” attack Catholic communities, and
are involved in propaganda activities that promote and incite religious
discrimination, violence and hate speech (arts. 2, 18–20 and 26).
44. The
State party should bring its legislation into conformity with article 18 of the
Covenant, refrain from any action that may restrict the freedom of religion or
belief beyond restrictions permitted under that article and take into account
the recommendations of the Special Rapporteur on freedom of religion or belief
(see A/HRC/28/66/Add.2). It should also take measures to prevent and swiftly
and effectively respond to all acts of undue interference with the freedom of
religion, and any incidents of hate speech, incitement to discrimination,
violence or alleged hate crime, and ensure that those responsible are brought
to justice.
Freedom
of expression
45. The
Committee regrets the severe restrictions on freedom of opinion and expression
in the State party, including through laws and practices that appear not to
comply with the principles of legal certainty, necessity and proportionality,
such as:
(a) The vague and broadly formulated
offences in articles 109, 116, 117 and 331 of the Penal Code and their use to
curtail freedom of opinion and expression, and the definition of certain crimes
related to national security to encompass legitimate activities, such as
exercising the right to freedom of expression;
(b) State control over the media, with restrictions
aimed at ensuring strict adherence to and promotion of government policy,
including through the Law on the Press of 2016, which prohibits any criticism
of the Government;
(c) The Law on Cybersecurity of 2018 and
other regulations curtailing the freedom of expression in cyberspace by
prohibiting the provision and use of Internet services to spread information
opposing or criticizing the State, and the establishment of the Force 47 cyber
unit to control the Internet;
(d) Arbitrary arrest, detention, unfair
trials and criminal convictions, including of human right defenders,
journalists, bloggers and lawyers, for criticizing State authorities or
policies, including online, such as the case of the environmental human rights
defender and blogger Nguyen Ngoc Nhu Quynh (arts. 9, 14, 19 and 21).
46. The
State party should, as a matter of urgency, take all necessary steps, including
revising legislation, to end violations of the right to freedom of expression
offline and online, and ensure that restrictions do not go beyond the strictly
defined limitations set forth in article 19 of the Covenant, taking into
account Committee’s general comment No. 34 (2011) on the freedoms of opinion
and expression. It should also promote pluralistic media that can operate free
from undue State interference.
Right
of peaceful assembly
47. The
Committee reiterates its concern (CCPR/CO/75/VNM, para. 21) about the excessive
restrictions imposed on the freedom of peaceful assembly and public meetings,
including on human rights. It is concerned at allegations of the
disproportionate use of force and arbitrary arrests by law enforcement
officials to disrupt demonstrations, including those related to labour rights,
land dispossession and the Formosa steel plant ecological disaster (art. 21).
48. The
State party should:
(a) Effectively
guarantee and protect the freedom of peaceful assembly and avoid restrictions
that are incompatible with article 21 of the Covenant;
(b) Ensure
that all instances of excessive use of force are promptly, impartially and
effectively investigated and that those responsible are brought to justice;
(c) Take
measures to effectively prevent and eliminate all forms of excessive use of
force by law enforcement officers, including by providing training on the use
of force and the Basic Principles on the Use of Force and Firearms by Law
Enforcement Officials.
Freedom
of association
49. While
noting plans to adopt a law on association, the Committee reiterates its
concern (CCPR/CO/75/VNM, para. 20) about undue restrictions on the
establishment, management and operation of public associations, including the
right to form independent trade unions. It is particularly concerned by
restrictive regulations on foreign funding, which can be used to tighten control
over associations and limit their ability to receive such funds (arts. 2, 6,
19, 22 and 26).
50. The
State party should give full effect to the constitutional guarantee of freedom
of association, and expedite the adoption of the law on association and ensure
that its provisions, relevant regulations and practices are in conformity with
article 22 of the Covenant. The State party should also:
(a) Respect
individuals’ right to form or join a union or an association of their choice,
including in the field of human rights;
(b) Ensure
that regulations governing foreign funding for associations do not lead to
undue control over such associations or undue interference with their ability
to operate effectively.
Human
rights defenders
51. The
Committee is concerned at reports of increased security crackdowns on human
rights defenders and civil society actors, who face threats, intimidation and
physical attacks to discourage them from carrying out their legitimate
activities. It is equally concerned at cases of reprisals against human rights
defenders, including for engaging with the United Nations. Such practices,
combined with concerns already expressed (see paras. 45 and 47 above), prevent
the development of a civic space where individuals can meaningfully exercise
and promote human rights in a safe environment (arts. 2, 9, 19 and 21–22).
52. The
State party should ensure that human rights defenders and other civil society
actors are protected against threats, intimidation and physical attacks and
investigate, prosecute and convict perpetrators of such acts. It should also
allow them the necessary latitude to carry out their activities, including
engaging with the United Nations, without fear of restrictions or reprisal.
Participation
in public affairs
53. The
Committee reiterates its concern (CCPR/CO/75/VNM, para. 20) that the
establishment of political parties, other than the Communist Party of Viet Nam,
is not permitted and that the principles and procedures governing elections do
not ensure the rights of citizens to take part in the conduct of public
affairs, to vote and to be elected, in accordance with article 25 of the
Covenant. It is also concerned at:
(a) The requirement that independent
candidates go through multiple rounds of negotiations with the Fatherland
Front, which is led by the Communist Party of Viet Nam, in order to be listed
as a candidate;
(b) Irregularities in previous elections,
inter alia, due to proxy voting;
(c) The absence of an independent
electoral monitoring body;
(d) The blanket denial of the right to
vote of prisoners serving their sentences (arts. 2, 10 and 25).
54. The
State party should adopt an electoral system that guarantees equal enjoyment of
the rights of all citizens, in compliance with the Covenant, including article
25 by, inter alia, ensuring fully transparent and genuine elections and a
pluralistic political order, refraining from using criminal law provisions to
effectively exclude opposition candidates from electoral processes and revising
legislation denying convicted prisoners the right to vote.
Rights
of persons belonging to minorities
55. The
Committee is concerned that the State party does not recognize the indigenous
peoples in Viet Nam. While noting that policies related to ethnic minorities have
been adopted, the Committee is also concerned at the remaining gaps in efforts
to promote and protect the rights of persons belonging to ethnic or religious
minorities and indigenous peoples. It is further concerned that such
communities suffer from discrimination, including with regard to education,
employment and other public services. It remains concerned that such
communities are not sufficiently consulted in decision-making processes with
respect to issues affecting their rights, such as the seizure and allocation of
land, including traditional and ancestral lands, for development projects, or
offered appropriate remedies. It is also concerned that such development
projects have a negative impact on the communities’ culture, lifestyle, use of
land and resources, and livelihoods, resulting in the exacerbation of
socioeconomic inequalities (arts. 2 and 26–27).
56. The
State party should:
(a) Adopt
laws and measures to fully promote and protect the rights of persons belonging
to minorities and indigenous peoples, including the right to enjoy their own
culture, to profess and practise their own religion and to use their own
language;
(b) Implement
plans for economic growth in areas populated by persons belonging to minorities
and indigenous peoples without negatively affecting them, take all steps
necessary to ensure meaningful consultations with such communities for
development projects that have an impact on their livelihood, lifestyle and
culture and carry out consultations with indigenous peoples with a view to
obtaining their free, prior and informed consent;
(c) Ensure
that communities participate in any processes concerning their relocation and
that such relocation is carried out in accordance with relevant international
standards – such as the principle of non-discrimination and the rights to be
informed and consulted, to an effective remedy, to the provision of adequate
relocation sites that take due account of their traditional lifestyle and,
where applicable, to ancestral lands – and, when relocation is not possible,
provide adequate compensation;
(d) Take
measures to ensure effective access to public services without discrimination
for persons belonging to ethnic or religious minorities and indigenous peoples,
including in relation to the issuance of the household registration card (Hộ
khẩu).
D. Dissemination and follow-up
57. The
State party should widely disseminate the Covenant, its third periodic report,
the written replies to the Committee’s list of issues and the present
concluding observations with a view to raising awareness of the rights
enshrined in the Covenant among the judicial, legislative and administrative
authorities, civil society and non-governmental organizations operating in the
country, and the general public. The State party should ensure that the third
periodic report and the present concluding observations are translated into the
official language of the State party.
58. In
accordance with rule 75, paragraph 1, of the Committee’s rules of procedure,
the State party is requested to provide, by 29 March 2021, information on the
implementation of the recommendations made by the Committee in paragraphs 24
(death penalty), 46 (freedom of expression) and 52 (human rights defenders)
above.
59. The
Committee requests the State party to submit its next periodic report by 29
March 2023 and to include in that report specific, up-to-date information on
the implementation of the recommendations made in the present concluding
observations and of the Covenant as a whole. The Committee also requests the
State party, in preparing the report, to broadly consult civil society and
non-governmental organizations operating in the country. In accordance with
General Assembly resolution 68/268, the word limit for the report is 21,200
words. The Committee encourages all States to follow the simplified procedure
when submitting their reports. Should the State party wish to follow the
simplified reporting procedure for its next report, it is requested to inform
the Committee accordingly, within one year after receipt of these concluding
observations. The State party’s replies to the list of issues prepared by the
Committee under the simplified reporting procedure will constitute the next
periodic report to be submitted under article 40 of the Covenant.
