HUMAN RIGHTS COMMITTEE STARTS EXAMINATION OF HUMAN RIGHTS SITUATION IN VIET NAM

Human Rights Committee
75th session
11 July 2002
Afternoon




Viet Nam Has Undergone Tremendous and
Profound Changes, Delegation Says



The Human Rights Committee this afternoon started its examination of a second periodic report from Viet Nam, questioning a Government delegation, among other things, about the situation of minorities; the independence of non-governmental organizations; and capital punishment.

The report was introduced by the Deputy Minister for Justice of Viet Nam, Ha Hung Cuong, who said that since his country had presented its initial report, Viet Nam had undergone tremendous and profound changes in all fields of its economic, political, cultural and social life and in its international relations. He said that the process of comprehensive renovation, -- doi moi -- initiated by the Communist Party of Viet Nam in 1986, had recorded significant achievements in meeting the aspirations of the Vietnamese people.

Mr. Cuong added that the ten-year implementation of the "Strategy for Socio-Economic Stabilization and Development up to the Year 2000" had also recorded important achievements, getting Viet Nam out of its socio-economic crisis, strengthening its stability, and launching it into a new stage of development. Within ten years, the poverty rate had fallen from over 30 per cent to 10 per cent; and the literacy rate had increased to 93 per cent.

Over the course of their consideration of the report, some Experts expressed dissatisfaction over the delay in the submission of the report. Many of them questioned the delegation about the situation of minorities, the independence of non-governmental organizations, capital punishment, and conditions of prisoners among other issues.

Also representing Viet Nam were Nguyen Quy Binh, Ambassador and Permanent Representative of Viet Nam to the United Nations Office at Geneva; Le Luong Minh, Deputy Director-General at the Ministry of Foreign Affairs; Nguyen Van Ngoc, Deputy Head of the Government Office of Religious Affairs; Vu Duc Long, Deputy Director at the Ministry of Justice; Mguyen Van Luat, Judge, the People's Supreme Court and Deputy Director of the Institute for adjudication science research; Nguyen Chi Dung, Editor-in-Chief, "Researching Codification" Review; Dang The Toan, Advisor, Ministry of Public Security; Bui Quang Minh, Advisor, Ministry of Foreign Affairs; Duong Chi Dung, Counsellor and Pham Thi Kim Anh, from the Permenent Mission of Viet Nam in Geneva.

When the Committee reconvenes at 10 a.m. on Friday, 12 July, it will continue its consideration of the report of Viet Nam.


Report of Viet Nam

The second periodic report (documents CCPR/C/VNM/2001/2/ and CCPR/C/VNM/2001/2/Add.1) says that the country was undergoing tremendous and profound changes in a comprehensive process of renovation. The goals of the reform policy are to achieve "a prosperous people, a strong nation, a just, democratic and civilized society" in which the people are placed at the centre of all policies. The fundamental contents of the reform process -- doi moi -- are to transform the centrally planned economic mechanism into a multi-sector market economy operating in accordance with the market mechanism, under State management in the pursuit of its social goals; to promote democracy in social life on the basis of building a State governed by the rules of law and truly "of the people, by the people and for the people"; and to open up and increase exchanges and cooperation with the outside world along the line that Viet Nam is willing to be friends with all other countries in search for peace, independence and development.

The report notes that despite the encouraging achievements recorded over the past five years, the State and People of Viet Nam are always aware of the numerous difficulties and obstacles to be overcome to further promote the implementation of the Covenant. Those include the problems faced by the country developing from a backward economy, with heavy consequences of war, and a low level of intellectual development. The State apparatus, together with the legal system are still under the process of consolidation. While deeply conscious that the protection of human rights in each country is the first and foremost responsibility of that country, Viet Nam also realizes that international solidarity and cooperation, on the basis of mutual understanding and respect for the independence and sovereignty of other countries, are of extreme importance in ensuring the success of this cause.


Introduction of Report

HA HUNG CUONG, Deputy Minister for Justice of Viet Nam, said that since his country had presented its initial report, Viet Nam had undergone tremendous and profound changes in all fields of its economic, political, cultural and social life and in its international relations. The process of comprehensive renovation, -- doi moi -- initiated by the Communist Party of Viet Nam in 1986, had recorded significant achievements in meeting the aspirations of the Vietnamese people.

Mr. Cuong said that the ten-year implementation of the "Strategy for Socio-Economic Stabilization and Development up to the Year 2000" had also recorded important achievements, getting Viet Nam out of its socio-economic crisis, strengthening its stability, and launching it into a new stage of development. The gross domestic product (GDP) of 2000 was 2.07 times higher than that of 1990; from a chronical food importer, Viet Nam had become the second largest rice exporter of the world; and State investment for social development had been constantly increasing, accounting for 25 to 28 per cent of the annual budget. Within ten years, the poverty rate had fallen from over 30 per cent to 10 per cent; and the literacy rate had increased to 93 per cent.

Mr. Cuong continued to say that while striving to build and perfect its legal system, the country had strengthened its efforts in reforming, consolidating and establishing law enforcement and oversight institutions and mechanisms. A process of administrative reform was being carried out on a large scale from central to local levels. For the first time, Vietnamese citizens now had the right to sue state authorities at administrative courts. Such courts had reversed many decisions of administrative bodies at different levels. Also very important was the remedy mechanism set up for compensation by state authorities and officials, including judges, for damages caused to the property and interests of citizens.

The Deputy Minster said that Viet Nam had achieved outstanding progress in implementing its commitments under the International Covenant on Civil and Political Rights, contributing to the maintenance of stability and the creation of a favourable environment for the comprehensive development of the country.


Response of Viet Nam

In response to written questions prepared by Committee Experts in advance, the members of the Vietnamese delegation dealt with the main subjects of the constitutional and legal framework within which the Covenant was implemented; freedom of assembly and association and participation in the conduct of public affairs; the independence of the judiciary; the right to a fair trial; liberty and security of the person and treatment of detainees; the principle of non-discrimination; gender equality; protection of minorities; the right to life; prohibition and prevention of torture; treatment of prisoners and other detainees; prohibition of slavery; freedom of movement; freedom of religion and conscience; and freedom of opinion and expression, among other things.

The delegation said that Viet Nam was committed to strictly observe and implement its international obligations. The Covenant's provisions constituted a source of the country's legislation and took precedence in the case of any conflict. As the basic provisions of the Covenant were embodied in the relevant bills of the nation's legislation, there was no need to invoke directly the Covenant before the courts.

Asked if the State party was considering ratifying the first Optional Protocol to the Covenant, the delegation said that Viet Nam would consider ratifying it at a convenient time. It was the Government's view that its efforts should be focused on the implementation of the provisions of the Covenant. The Government was also of the view that the provisions of the Protocol were, in substance, similar to the Commission on Human Rights' 1503 procedure. Viet Nam was committed to cooperating and providing information on cases raised in communications submitted in accordance with that procedure. Further, the Government was of the opinion that the 1503 procedure itself needed to be improved in order to reduce unnecessary administrative burdens for many States parties as they had to respond to many groundless and repetitious communications.

The concept of national security did not constitute an impermissible restriction on the right to freedom of assembly, the delegation said. The right to freedom of assembly, recognized in the Constitution, was implemented and enforced in reality.

In the first three months of 2002, nine defendants were tried on charges of crimes against national security. In 2001, 75 defendants were tried on charges of crimes against national security; the figures were not high in comparison with other crimes. Within the perspective of the Criminal Code, crimes against national security were grouped in 14 categories, including high treason, subversion, espionage and violation of national security, among others.

The delegation affirmed that over the past 70 years, the Communist Party of Viet Nam had successfully led the people of Viet Nam to victory throughout the course of struggle for independence, freedom, national construction and development. The role played by the Party was in full conformity with rights protected under articles 25, paragraph 2(3) and 26 of the Covenant. The Party had initiated many policies to promote democracy and to encourage and provide guarantees for the people to fully participate in public affairs and social management. Party members and non-members were equal before the law and were equally protected by the law.

Responding to a question on the independence of the judiciary, the delegation said that during trials, the judges and assessors were not bound by the opinions of any agency or individual and should only be guided by the law. The higher courts could not use administrative orders to influence the verdicts of the lower courts. Judges were independent in verifying evidence gathered at hearings and in deliberating merits of cases. Closed trials were only conducted in cases where it was necessary to protect State secrets.

Asked about the number of pre-trial detainees, the delegation said that there were 42,405 persons detained in 2001 -- 15 per cent less than those detained in 2000. Eighty per cent of persons detained were charged with criminal offences; and 75 per cent of the cases in detention in 2001 had ended up with prison sentences. Arrests without a warrant could only be conducted in the case of being caught red-handed or if persons were on a wanted list.

Asked if prisoners of conscience were subjected to a different regime from other prisoners, the delegation affirmed that there was no such thing as "prisoners of conscience" in Viet Nam.

The number of female deputies was 118 out of 450, accounting for 26.2 per cent of parliament, the delegation said. The number of deputies from ethnic minorities was 78 out of 450. Women in central and local agencies accounted for 35.7 per cent and 74.3 per cent respectively, mainly dealing with health care and education. In leading positions, there was one female Vice-President; one female Vice-President of the National Assembly; three females belonging to the Standing Committee of the National Assembly; and three women out of 22 Ministers and eight Vice-Ministers.

The right to freedom of movement and the right to free choice of residence were respected and guaranteed, the delegation said. The establishment of economic zones were carried out in accordance with the over-all national development plans, which guaranteed the right to development of all ethnic minorities.

Asked about the situation of ethnic groups, the delegation said that there were 54 ethnic groups in the country, of which the Kinh group was the majority, accounting for 86.3 per cent.


Questions by Committee Experts

Committee Experts raised a number of follow-up questions. An Expert asked if there were courts or other judicial institutions to which individuals claiming to be victims of the violation of their rights under the International Covenant on Civil and Political Rights could lodge complaints and seek redress. The Expert also asked if a non-member of the Communist Party could run for any office without the approval of the Party, and if there were other disciplinary measures in prisons other than fettering.

On the issue of the death penalty, another Expert asked whether the Government intended to eliminate capital punishment. Adding crimes punishable by death was not in compliance with the relevant provisions of the Covenant. The delegation was asked to provide information on whether an individual appeal system existed.

Concerning the situation of the Montagnard minority, the Expert said that paragraph 24 of the report spoke of land as being State property; what guarantees were available so that the indigenous Montagnards were not dislocated from their lands? The Expert also mentioned alleged cases of sterilization of indigenous women; and reported steps taken by the State to take away indigenous children away from their natural environment and keep enroll them in boarding schools, with a view to eradicating what the authorities considered as “backward practices”..

Another Expert regretted that the Committee had had to wait for so long to get the second periodic report of Viet Nam. whose The delay in submission was a violation of article 40 of the Covenant.

The Committee welcomed the adoption of a new Constitution in 1992. However, some articles of the Constitution might be an impediment to the full implementation of the provisions of the Covenant. Article 2 of the Constitution had developed the concept of "by the people, to the people and for the people", but in reality, this should include all people, including the Montagnards or those who opposed the regime. Referring to paragraph 49 of the report, the Expert said that about 100,000 people had been placed in detention camps until 1992; what was the legal basis that allowed them to be put in camps?

An Expert said that the delegation had indicated the existence of about 500 non-governmental organizations in Viet Nam; however, the question was if there were independent organizations operating in the country and if they were able to monitor independently situations there. Human Rights Watch, for example, had no access to the country. In addition, were there institutions established in accordance with the Paris Principles on national institutions? Were there mechanisms to lodge individual complaints, such as ombudsman offices? Turning to gender equality, the Expert asked about the position of women in employment and other areas. There were reports of alleged Government persecution of the Montagnards and the delegation was asked to comment on that issue.

Domestic violence was increasingly becoming a problem in the Vietnamese society, an Expert said. What was the extent of that phenomenon?

Another Expert said that he had misgivings about the report not only because of the delay but also on the contents which highlighted the legal provisions but provided little information on their implementation. He asked if the policy of Viet Nam was still similar to the one expressed in March in 1999, as reported by the Vietnamese news agency, that the country did not accept any organization coming to investigate human rights situations. According to information obtained from various sources, there had been allegations instances of torture and cruel, inhuman or degrading treatment, particularly concerning members of minority groups. Other groups and rapporteurs of the United Nations Commission on Human Rights had also indicated that there were problems in accessing detention centres. Concern was also expressed about reported serious human rights violations against people who held different opinions from the Government and against alleged sterilization of women of the Montagnard community. He asked for the delegation's response to these issues.




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