Universal Periodic Review Of Vietnam United Nations Human-Books Pdf

UNIVERSAL PERIODIC REVIEW OF VIETNAM United Nations Human
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Introduction, 1 At its Universal Periodic Review in May 2009 Vietnam accepted recommendations to. improve the protection of human rights In these four following years however not only was. progress in implementing these recommendations extremely limited but on the contrary. Vietnam launched one of the most intensive crackdowns on freedom of expression religion and. assembly in recent years, 2 Between May 2009 and June 2013 FIDH and VCHR compiled cases of 160 human. rights defenders and peaceful activists condemned to a total of 1 052 years in prison with. sentences ranging from two years to life imprisonment followed by years of house arrest They. were all charged under vaguely worded national security provisions in the Criminal Code. which make no distinction between violent acts such as terrorism and the peaceful exercise of. freedom of expression and are incompatible with the rights enshrined in the International. Covenant on Civil and Political Rights ICCPR to which Vietnam acceded in 1982 This list is. not exhaustive and many others are awaiting trial, 3 In the on going crackdown peaceful activists and human rights defenders have been. subjected to unprecedented Police brutality beatings and sexual assaults harassments. arbitrary arrest and administrative detention in labour camps and psychiatric institutions. 4 During the same period Vietnam also introduced legal measures to restrict the exercise. of human rights New decrees and regulations were adopted to curb freedom of expression on. the Internet freedom of religion and to limit the legal operations of domestic and international. NGOs in Vietnam, Constitutional and Legislative Framework. 5 The protection of human rights is guaranteed by the 1992 Vietnamese Constitution. However the exercise of these rights is severely curtailed by provisions in the Constitution and. extensive domestic legislation that restricts human rights to compliance with the policies and. interests of the State Article 4 of the Constitution which enshrines the political monopoly of the. Vietnamese Communist Party VCP as the force leading the State and society is a major. impediment to the exercise of human rights because it excludes pluralism of opinion and. expression and subjugates human rights protection to the protection of the one Party state. 6 A project to amend the 1992 Constitution was opened to public debate in 2013 If. adopted as presented it would considerably weaken human rights protection in Vietnam. Whereas the 1992 Constitution guarantees that human rights in the political civic economic. cultural and social fields are respected Article 50 the new Draft Constitution Article 15 refers. only generally to human and civil rights and adds that these rights may be restricted when. necessary for reasons of defence national security public order and safety morality and health. of the community 1 Moreover although the government actively solicited public proposals to. Vietnam Law and Legal Forum VLLF No 221 222 January February 2013. amend the Constitution citizens who called for the abolition of Article 4 were sanctioned and. harassed 2, Cooperation with UN Human Rights Mechanisms and Special Procedures.
Recommendations accepted by Vietnam Increase cooperation with all mechanisms of the. United Nations human rights system including special procedures and treaty bodies Brazil. Reengage with the Special Rapporteur on freedom of religion United Kingdom. 7 Vietnam is a state party to five core UN human rights treaties However as the UN. Independent Expert on Extreme Poverty Magdalena Carmona said on her visit to Vietnam in. 2010 being party to international human rights instruments is not sufficient international. standards must be incorporated into domestic legislation 3. 8 Vietnam has not improved compliance with treaty body reporting mechanisms Its. periodic report to the ICCPR is overdue since 2004 It also failed to implement the. recommendations of treaty bodies During the period under review the CERD called on. Vietnam to abrogate national security provisions in the Criminal Code which criminalize. freedom of opinion expression and religion repeal discriminative laws and practices and. abolish administrative detention 4 Prior to 2009 Vietnam disregarded repeated similar. recommendations by the CEDAW 2006 the UN Human Rights Committee 2002 the UN. Working Group on Arbitrary Detention 1995 and the UN Special Rapporteur on Religious. Intolerance 1998, 9 Cooperation with UN human rights mechanisms remained unsatisfactory Since 2009. four Special Procedures made in situ visits to Vietnam However their visits were controlled. and in some cases restricted Ms Gay McDougall UN Independent Expert on Minority Issues. was prevented from meeting members of non recognized religious groups and regretted that. she did not have free and unfettered access to all parties whom she wished to consult during. her visit in July 2010 5 Vietnam did extend an invitation to the Special Rapporteur on Freedom. of Religion or Belief However the government has fixed no date for the visit despite repeated. reminders by the Special Rapporteur Vietnam did not accept the request for a visit by the. Special Rapporteur on Freedom of Opinion and Expression. On 26 February 2013 Nguyen Duc Kien a journalist on the state run newspaper Family and Society was fired and. threatened with prosecution less than 24 hours after writing a post on his personal blog criticizing the Secretary. general of the Communist Party Nguyen Phu Trong He is accused of violating the operating rules of the. newspaper The 29 year old journalist disagreed with a speech made during a public debate on revising the 1992. Constitution in which the Communist Party leader said that calling for pluralism a multiparty system and separation of. power represented a deterioration of Vietnamese society. Mission to Vietnam Report by the UN Independent Expert on the question of human rights and extreme poverty. Ms Magdalena Sepulveda Carmona and Press Release on conclusion of the visit. www ohchr org en NewsEvents Pages DisplayNews aspx NewsID 10282 LangID E. Concluding observations of the Committee on the Elimination of Racial Discrimination January 2012. http www2 ohchr org english bodies cerd docs CERD C VNM CO 10 14 pdf. Report of the Independent Expert on Minority Issues Gay McDougall Mission to Vietnam 5 15 July 2010. A HRC 16 45 Add 2, 10 Since 2009 Vietnam has responded to the UN Working Group on Arbitrary Detention s. WGAD individual complaint review process However it has systematically ignored WAGD s. recommendations to release prisoners detained in violation of international law 6. The Administration of Justice and Rule of Law, Recommendations accepted by Vietnam Take the necessary steps to comply with ICCPR. and make sure the right to a fair trial based in law is guaranteed Argentina Take concrete. steps to effectively ensure that all persons deprived of their liberty are brought before a judge. without delay Austria, 11 The Right to a Fair Trial The Courts are not independent in Vietnam and trials are. routinely unfair Under the provisions of the 1992 Constitution justice is administered through. the People s Courts the People s Office of Supervision and Control and by Military Tribunals. Their role is to safeguard socialist legality and the socialist regime Article 126 Trials are. presided over by Judges and People s assessors Although nominally independent during. trials article 130 judges and assessors at all levels are elected under a system closely. supervised by the Vietnamese Communist Party the National Assembly and the Fatherland. Front Defence counsel cannot sincerely defend prisoners without risking harassments. expulsion from the bar and even imprisonment themselves 7. 12 Since its last UPR Vietnam has conducted a series of major political trials which. contravened standards of fairness and impartiality Detainees were held virtually. incommunicado during pre trial detention often beyond legal limits With little access to legal. counsel they were unable to prepare their defence Trials were closed to the public and family. members and media and diplomatic observers were restricted or banned Security forces. surrounded the courts during trials in Ho Chi Minh City Hanoi and Haiphong blocking road. access jamming cell phone reception and beating and arresting supporters waiting outside the. courts Defence lawyers were not given access to the full file of accusations against their clients. and were often not notified of the trial date until the last minute During the trial of the Club of. Free Journalists bloggers Dieu Cay Nguyen Van Hai Ta Phong Tan and Phan Van Hai in. September 2012 the Court cut off the microphone when Dieu Cay spoke to defend himself. rejected his lawyer s demand to call witnesses for the defence and failed to produce evidence. Opinion 1 2009 on Dieu Cay Nguyen Viet Chien Nguyen Van Hai Truong Minh Duc Pham Van Troi Nguyen. Xuan Nghia Ms Pham Thanh Nghien Vu Hung Ms Ngo Quynh and Nguyen Van Tuc Opinion 6 2010 on Father. Nguyen Van Ly Opinion 24 2011 August 2011 A HRC WGAD 2011 24 on Cu Huy Ha Vu Opinion. 46 11 A HRC WGAD 2011 46 on Tran Thi Thuy Pham Ngoc Hoa Pham Van Thong Duong Kim Khai Cao Van. Tinh Nguyen Thanh Tam and Nguyen Chi Thanh Opinion 27 2012 A HRC WGAD 2012 27 on Tran Huynh Duy. Thuc Nguyen Tien Trung and Le Thanh Long Opinion 42 2012 A HRC WGAD 2012 42 on Nguyen Hoang Quoc. Hung Do Thi Minh Hanh and Doan Huy Chuong Opinion 18 2005 18 2005 on Thich Quang Do and Thich Huyen. Quang Opinion 18 2005 26 5 2005, In August 2011 lawyer Huynh Van Dong was struck off the Dak Lak Bar Association on accusations of advocating.
on behalf of accused individuals because he protested being denied access to vital legal documents whilst defending. land rights activists at a trial in Ben Tre in May 2011 VCHR Alternative Report on CERD 2012 P 15. http www queme net eng news detail php numb 1780, cited in the charges laid against him 8 They were sentenced respectively to 12 10 and four. years in prison followed by several years of probationary detention qu n ch 9 The UN High. Commissioner for Human Rights Navi Pillay declared that the verdict undermine d the. commitments Vietnam has made internationally including during the UPR to protect and. promote the right to freedom of expression and noted that the harsh prison terms handed. down to the bloggers exemplify the severe restrictions on freedom of expression in Vietnam. 13 Mobile trials As part of a government crack down in the Central Highlands in 2010. 2011 provincial Courts conducted mobile trials of ethnic Christians charged with national. security offences such as affiliations with FULRO or Dega Protestantism Whereas most trials. are closed to the public mobile trials are showcased to crowds of hundreds reportedly to. frighten communities and warn them against following Dega Protestantism 10. 14 Unlawful Pre trial Detention Since 2009 in violation of the 2003 Criminal Procedures. Code and international obligations Vietnam has held defendants in pre trial detention for. excessive periods and under extremely harsh conditions Blogger Dieu Cay was detained. incommunicado for 23 months before the authorities announced his whereabouts in February. 2012 Many defendants were held without any notification to their families in violation of Article. 88 4 of the Criminal Procedures Code In October 2013 University student Nguyen Phuong. Uyen 21 was detained incommunicado for three weeks during which she was coerced into. making a public confession later shown on state run TV 11. 15 Administrative Detention Since the last UPR at least three peaceful pro democracy. activists were detained under Ordinance 44 on Regulating Administrative Violations which. empowers local officials to detain citizens under house arrest in psychiatric institutions or. education camps arbitrarily without safeguards any due process of law or trial 12 Ordinance. 44 is particularly used to target political and religious dissidents Decree 76 2003 ND CP on. education camps prescribes detention conditions far below minimum international standards. Inmates engaged in hard labour are allowed a mere 800 grammes of meat or fish per month. two sets of underwear per year one blanket every two years and floor space not beds for. sleeping According to inmates reports even these quotas are not met in practice. Dieu Cay Ta Phong Tan and Phan Thanh Hai were sentenced respectively to 12 10 and four years in prison. followed by several years of probationary detention. Observatory on Human Rights Defenders 28 9 2012 http www fidh org Viet Nam Three pro democracy 12230. VCHR Alternative report to the CERD on Violations of the Rights of Ethnic and Religious Minorities in Vietnam. 2012 cf note 5, Police arrested Nguyen Phuong Uyen 21 on 14 October 2012 then denied all knowledge of her arrest Only after. strong public outcry in Vietnam including a Petition signed by 144 prominent Party veterans and intellectuals they. revealed that she was detained in a prison in Long An She was accused of anti State propaganda for writing. poems critical of China and sentenced to six years in prison on 16 May 2013 along with her colleague Dinh Nguyen. Kha who received an 8 year sentence Prison wardens prohibited Uyen s mother from visiting her but told her to. bring food parcels for her daughter because the prison does not provide enough to eat See FIDH VCHR. necessary for reasons of her visit in July 2010 5 Vietnam did extend an invitation to the Special general of the Communist Party Nguyen Phu Trong

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