Human rights in Vietnam

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A rally demanding for the release of Nguyen Quoc Quan on 30 April 2012, during "Black April" Vietnamese Black April (Thang Tu Den) Democracy, Human Rights Rally 63.jpg
A rally demanding for the release of Nguyễn Quốc Quân on 30 April 2012, during "Black April"
Viet Tan Party info booth at a pro-democracy, pro-human rights rally Viet Tan Party (Dang Viet Tan) infobooth and recruitment centre.jpg
Việt Tân Party info booth at a pro-democracy, pro-human rights rally

Human rights in Vietnam (Vietnamese : Nhân quyền tại Việt Nam) are among the poorest in the world, as considered by various domestic and international academics, dissidents and non-governmental organizations (NGOs) such as Amnesty International (AI), Human Rights Watch (HRW), and the United Nations High Commissioner for Human Rights (OHCHR). [1] [2] [3]

Contents

This has long been a matter of controversy between the Government of Vietnam, led by its Communist Party (CPV), and other countries and political unions, such as the European Union (EU) and the United States. Under the current constitution, the CPV is the only legal political party: all other parties are outlawed, making Vietnam one of a few legally constituted one-party states, along with China, Cuba, Eritrea, Laos, and North Korea. [4]

Elections in Vietnam have been characterized as nothing more than a rubber stamp, with every election resulting in 99% of votes for the CPV. Freedom of association, freedom of speech, freedom of the press, and the right to a healthy environment are severely restricted. [5] Citizens critical of the Vietnamese government or who discuss certain topics deemed "unacceptable" by the CPV are often subject to intimidation and imprisonment. [6]

The Vietnamese government has also made use of online operatives and nationalist netizens or "public opinion brigades", state-sponsored anonymous political commentators and trolls who combat any perceived dissent against CPV policies or protest over the status of human rights. [7] A Vietnam Human Rights Day is observed each year on 11 May in the U.S. state of Virginia, particularly by the Vietnamese diaspora who left after the Vietnam War and the Fall of Saigon [lower-alpha 1] as well as by dissidents who fled the country in subsequent decades. [8]

Rights

Environmental rights

De jure, the article 43 of the constitution of Vietnam includes a right to a healthy environment. [9] The state is obliged to "…protect the environment; manage, and effectively and stably use natural resources; protect nature and biodiversity; take initiative in prevention and resistance against natural calamities; and respond to climate change." [9] These rights were further advanced through the Law on Environmental Protection in 2014. [9]

Freedom of religion

While the Constitution of Vietnam officially provides for freedom of religion, in practice the government imposes a range of legislative measures restricting religious practice (such as registration requirements, control boards, and surveillance). [10] [11] [12] All religious groups must register and seek approval from the government. The government requires all Buddhist monks to be approved by and work under the officially recognized Buddhist organization, the Vietnam Buddhist Sangha (VBS). The number of Buddhist student monks is controlled and limited by the Committee on Religious Affairs. According to a 2020 report by Human Rights Watch, prohibited religious activities are those deemed to be contrary to arbitrary notions of the "national interest", "public order", or "national unity". Unrecognized religious groups, including Cao Đài, Hòa Hảo, and some Christian, and Buddhist groups face "constant surveillance and harassment". Some religious groups may be subject to "public criticism, forced renunciation of faith, detention, interrogation, torture, and imprisonment." [13] Laws continue to be applied unevenly however, with some local government areas taking a more relaxed and tolerant approach than others. [ citation needed ]

In 2023, the country was scored 1 out of 4 for religious freedom. [14] In the same year it was ranked as the 25th most difficult place in the world to be a Christian. [15]

Rights of specific groups

LGBT rights

Vietnam Vietnam (orthographic projection).svg
Vietnam

Lesbian, gay, bisexual, transgender (LGBT) people in Vietnam face legal challenges not experienced by non-LGBT residents. From 2000, both male and female same-sex sexual activity are legal and are believed to never have been criminalized in Vietnamese history. [16] However, same-sex couples and households headed by same-sex couples are ineligible for the legal protections available to heterosexual couples. Vietnam provides limited anti-discrimination protections for transgender people. [17] [lower-alpha 2] The right to change gender was officially legalized in Vietnam after the National Assembly passed an amendment to the Civil Code in 2015. [18]

Vietnam's first gay pride parade took place in Hanoi on 5 August 2012. In 2017, pride parades were held in around 34 other cities and provinces. [19] [20]

Ethnic minorities

According to the Vietnamese constitution: "All the ethnicities are equal, unified and respect and assist one another for mutual development; all acts of national discrimination and division are strictly forbidden." [21]

The Cham, Montagnard and Khmer Krom minorities joined together in the United Front for the Liberation of Oppressed Races (FULRO), to wage war against the Vietnamese for independence during the Vietnam War. The last remaining FULRO insurgents surrendered to the United Nations in 1992.

Various ethnic minority organizations like the Montagnard Foundation, Inc., International Office of Champa, and Khmers Kampuchea-Krom Federation allege that the Vietnamese people and government perpetuate human rights abuses against the Degar (Montagnards), Cham, and Khmer Krom. Vietnam has settled over a million ethnic Vietnamese on Montagnard lands in the Central Highlands. The Montagnard staged a massive protest against the Vietnamese in 2001, which led the Vietnamese to forcefully crush the uprising and seal the entire area off to foreigners.

Repression of Chams

The Cham in Vietnam are only recognized as a minority, and not as an indigenous people by the Vietnamese government despite being indigenous to the region. Both Hindu and Muslim Chams have experienced religious and ethnic persecution and restrictions on their faith under the current Vietnamese government, with the Vietnamese state confiscating Cham property and forbidding Cham from observing their religious beliefs. Hindu temples were turned into tourist sites against the wishes of the Cham Hindus. In 2010 and 2013, several incidents occurred in the villages of Thành Tín and Phươc Nhơn, where Cham were murdered by Vietnamese. Cham Muslims in the Mekong Delta have also been economically marginalized and pushed into poverty by Vietnamese government policies, with ethnic Vietnamese Kinh settling on majority Cham lands with state support, and the religious practices of minorities have been targeted for elimination by the Vietnamese government. [22]

In 2012, Vietnamese police in Chau Giang village stormed into a Cham Mosque, stole the electric generator, and also raped Cham girls. [23]

The Vietnamese government fears that evidence of Champa's influence over the disputed area in the South China Sea would bring attention to human rights violations and killings of ethnic minorities in Vietnam such as those which were committed in the 2001 and 2004 uprisings, and lead to the issue of Cham autonomy being brought into the dispute, since the Vietnamese conquered Cham people in a war in 1832, as well as the Vietnamese continuing to destroy evidence of Cham culture and artifacts left behind, plundering or building on top of Cham temples, building farms over them, banning Cham religious practices, and omitting references to the destroyed Cham capital of Song Luy in the 1832 invasion in history books and tourist guides. The situation of the Cham compared to that of ethnic Vietnamese is substandard, with the Cham lacking water and electricity and living in houses made out of mud. [24]

Reporting

Vietnamese UNHRC report

A report drafted by the Vietnamese government on 18 June 2007 for the United Nations Human Rights Council to review the implementation of human rights in the territory of Viet Nam stated: For Viet Nam, the people are both the ultimate objective and driving force of any social and economic development policy, and protecting and promoting human rights are always the Government's consistent policy. The 1992 Constitution, the supreme law of the country, guarantees that all citizens enjoy equal political, economic, cultural and social rights, and are equal before the law. Every citizen has the right to participate in the management of the State and the society, the freedoms of religion and belief, the right to free movement and residence in the territory of Viet Nam, the right to complaints and petitions, the right to employment, education and healthcare etc. regardless of gender, race and religion. On that basis, Vietnamese laws enumerate the specific rights in accordance with international human rights standards. [25]

According to the Vietnamese embassy, the UN ratified Vietnam's human rights report. [26] The embassy also stated that many of these countries appreciated Vietnam's renewal, achievements and strong commitment to fostering human rights. [27]

According to a 1997 report by the China Internet Information Center, Vietnam has made a number of changes to its constitution, laws, and practical policies in the area of human rights since the Đổi Mới, or the economic reform in 1986. For instance, the Constitution was amended in 1991 to enshrine the protection of "political, civil, economic, cultural and cultural rights" for the first time, and the penal code explicitly banned torture. Internationally, Vietnam was the second signatory of the Convention on the Rights of the Child. Although Vietnam retains capital punishment, the Constitution of 1992 reduced the number of eligible crimes from 44 to 29, and over 90% of the population has access to health care. In women's rights, Vietnam ranks 2nd among Asia-Pacific countries and 9th among 135 countries in percentage of female parliamentarians. [28]

Reports regarding human rights in Vietnam

Recent US reports maintain the same observations and international human rights organizations that share these views include Human Rights Watch [29] and the Unrepresented Nations and Peoples Organization. [30] The United Nations [31] has highlighted religious persecution.

In 2009, the European Parliament expressed concern about "the growing climate of intolerance in Vietnam towards human rights defenders and members of officially unrecognized religious communities." It called on the government to end repression against freedom of expression, belief, and assembly, and to release its "political prisoners". [32]

Freedom of expression remains a problem as the Vietnamese authorities continue to use tough national security laws to punish critics of the Vietnamese government. According to the British government's Foreign, Commonwealth and Development Office, official media remained tightly controlled by government censorship and obstruction. [33]

As of 2017, Vietnam held over 100 political prisoners for the crime of criticizing the government or participating in religions, protests, activism, or political parties not sanctioned by the government. [34] [35]

According to Human Rights Watch, the government of Vietnam has increased its crackdown on dissidents, human rights activists and independent journalists, ahead of the 13th party congress of the Communist Party of Vietnam that took place in January 2021. The court has also increased the prison time for dissidents serving detention. [36]

On 23 December 2021, Office of the United Nations High Commissioner for Human Rights (OHCHR) condemned the conviction and long-term sentencing of four prominent human rights defenders and journalists in Vietnam. The sentences against Do Nam Truong, Trinh Ba Phoung, Nguyen Thi Tam and Pham Doan Trang stemmed from their continuous advocacy and reporting on human rights in Viet Nam. [37]

In 2009, Lê Công Định, a lawyer who several years previously had acted for the government in a successful case against American catfish farmers, was arrested and charged with the capital crime of subversion; several of his associates were also arrested. [38] [39] Many Western governments condemned the move, and human rights groups alleged that the arrest was due to Le Cong Dinhs' support for freedom of speech. [39] Amnesty International named him and his arrested associates prisoners of conscience. [39]

Vietnam currently holds several other individuals in detention whom Amnesty International considers to be prisoners of conscience: Cù Huy Hà Vũ, convicted of "conducting propaganda against the state" for giving interviews to foreign press; [40] Nguyễn Đan Quế, convicted of "red-handed keeping and distributing documents" calling for the overthrow of the government; [41] and Roman Catholic priest Thadeus Nguyễn Văn Lý (also known as Father Thaddeus) detained for "spreading propaganda against the state." [42]

In January 2019, the authorities of Vietnam arrested and sentenced an Australian democracy activist, Chau Van Kham, to 12 years of imprisonment on charges of "financing terrorism". The 70-year-old was arrested over his membership of pro-democracy group Việt Tân. The charges against him were claimed to be baseless and politically motivated by human rights advocates, lawyers and his family. In June 2023, after serving four years in prison, The Guardian reported that the activist was released from imprisonment on humanitarian grounds, with the efforts of the Australian government. [43]

Dozens were arrested and tried in 2021. [44]

In May 2023, activist Trần Văn Bang was sentenced to eight years in prison after making Facebook posts critical of the government. [45]

See also

Notes

  1. Also known as the "Liberation of Saigon" by the regime.
  2. Article 4, Decree 01/VBHN-BYT prohibits discrimination against people who has undergone sex reassignment. Article 35, Decree 176/2013/NĐ-CP establishes monetary fine of 2,000,000 to 5,000,000 Vietnamese dong for those engaging in discriminatory acts against transgender people, while Article 155 of the 2015 Penal Code specified a sentence of probation up to 3 years for repeated violation.

Related Research Articles

Nguyễn Đan Quế is a Vietnamese endocrinologist and pro-democracy activist in Saigon. He was imprisoned from 1978 to 1988, 1990 to 1998, 2003 to 2005, and briefly in 2011 on state security charges related to his activism. In 2003, The New York Times described him as "Vietnam's most renowned dissident".

Thadeus Nguyễn Văn Lý is a Vietnamese Roman Catholic priest and dissident involved in many pro-democracy movements, for which he was imprisoned for a total of almost 15 years. For his ongoing imprisonment and continuous non-violent protest, Amnesty International adopted Lý in December 1983 as a prisoner of conscience. Most recently, his support for the Bloc 8406 manifesto has led to his sentence on 30 March 2007, for an additional eight years in prison, where he was released and then returned in 2011.

<span class="mw-page-title-main">Religion in Vietnam</span> Religion in Vietnam

The majority of Vietnamese do not follow any organized religion, instead participating in one or more practices of folk religions, such as venerating ancestors, or praying to deities, especially during Tết and other festivals. Folk religions were founded on endemic cultural beliefs that were historically affected by Confucianism and Taoism from ancient China, as well as by various strands of Buddhism. These three teachings or tam giáo were later joined by Christianity which has become a significant presence. Vietnam is also home of two indigenous religions: syncretic Caodaism and quasi-Buddhist Hoahaoism.

<span class="mw-page-title-main">Bloc 8406</span> Outlawed political party in Vietnam

Bloc 8406 is a small unified coalition of political groups in Vietnam that advocates for democratic reforms in Vietnam. It is named after the date of the group's Manifesto on Freedom and Democracy for Vietnam 2006 declaring the need for democratic reforms in Vietnam. The manifesto was issued on 8 April 2006 and was signed by 118 dissidents calling for a multiparty state. The support later grew into the thousands.

<span class="mw-page-title-main">United Front for the Liberation of Oppressed Races</span> Vietnamese guerrilla organization (1964-1992)

The United Front for the Liberation of Oppressed Races was an organization whose objective was autonomy for various indigenous peoples in South Vietnam, including the Montagnard in the Central Highlands, the Chams in Central Vietnam, and the Khmer Krom in Southern Vietnam. Initially a political movement, after 1969 it evolved into a fragmented guerrilla group that carried on simultaneous insurgencies against the governments of South Vietnam under President Nguyen Van Thieu and North Vietnam of Ho Chi Minh. Opposed to all forms of Vietnamese rule, FULRO fought against both sides in the Vietnam War against the Soviet-aligned North and the American-aligned South at the same time. FULRO's primary supporter during the 1960s and early 1970s conflict in Southeast Asia was Cambodia, with some aid sent by the People's Republic of China during the period of the Third Indochina War.

Internet censorship in Vietnam prevents access to websites critical of the Vietnamese government, expatriate political parties, and international human rights organizations, among others or anything the Vietnamese government does not agree with. Online police reportedly monitor Internet cafes and cyber dissidents have been imprisoned. Vietnam regulates its citizens' Internet access using both legal and technical means. The government's efforts to regulate, monitor, and provide oversight regarding Internet use has been referred to as a "Bamboo Firewall". However, citizens can usually view, comment and express their opinions civilly on the internet, as long as it does not evoke anti-government movement, political coup and disrupt the social stability of the country.

Lê Công Định is a Vietnamese lawyer who sat on the defence of many high-profile human rights cases in Vietnam. He was critical of bauxite mining in the central highlands of Vietnam, and was arrested by the Vietnamese government on 13 June 2009 on charges of "national security", though the arrest was met with strong objections from the international community. Lê Công Định is one of Amnesty International's prisoners of conscience.

<span class="mw-page-title-main">Assembly of Vietnamese Youth for Democracy</span>

Assembly of Vietnamese Youth for Democracy or Democratic Youth Movement is an organization of young Vietnamese worldwide intent on pushing for political freedom in Vietnam. The movement was founded by Nguyễn Tiến Trung a student dissident recently arrested by the authorities in Vietnam July 7, 2009 and charged with "plotting to overthrow the regime".

<span class="mw-page-title-main">Cù Huy Hà Vũ</span> Vietnamese lawyer

Cù Huy Hà Vũ is a Vietnamese legal scholar. A government critic and a dissident, he was taken into custody in 2010 on charges of "propaganda against the state" and "plotting to overthrow the communist government of Vietnam". On 4 April 2011, Vũ was sentenced to 7 years in prison for "spreading anti-state propaganda", drawing protests from human rights groups, the Roman Catholic Church, and the international community.

Nguyễn Văn Hải, better known by his pen name Điếu Cày, is a Vietnamese blogger who has been prosecuted by the government of Vietnam for tax evasion and "disseminating anti-state information and materials". His imprisonment was protested by several international human rights organizations, and Amnesty International considers him a prisoner of conscience. On 21 October 2014, he was released and deported to the United States.

<span class="mw-page-title-main">Lê Quốc Quân</span>

Lê Quốc Quân is a Vietnamese human rights lawyer, democracy activist and Catholic blogger. He was arrested by the Vietnamese government on charges of tax evasion on 27 December 2012, convicted on 2 October 2013, and sentenced to 30 months in prison. The arrest was condemned by international human rights organizations and the US government.

Tạ Phong Tần is a Vietnamese dissident blogger. A former policewoman and a member of the Communist Party of Vietnam, she was arrested in September 2011 on anti-state propaganda charges. On 30 July, her mother immolated herself in front of the government offices in Bạc Liêu Province in protest of the charges against her daughter. On 24 September 2012, Tạ Phong Tần was sentenced to ten years in prison. Her arrest was protested by groups including the Office of the United Nations High Commissioner for Human Rights, the US State Department, Amnesty International, and Human Rights Watch.

On January 8–9, 2013 a trial was held by the People's Court of Nghệ An Province, Vietnam for 14 democracy activists, primarily belonging to the Catholic church, including high-profile blogger Paulus Le Son. All of them were sentenced to 3–13 years in prison on charges of subversion. Many human rights organizations have called this the "largest case of its kind" in Vietnam, and condemned the sentence. Many organizations, including the US Embassy in Vietnam, have called for an immediate release of the dissidents.

Trần Huỳnh Duy Thức is a Vietnamese engineer, entrepreneur and human rights activist. He was the founder and president of EIS, an international internet and telephone line provider. He is one of Amnesty International's prisoners of conscience.

Racism in Vietnam has been mainly directed by the majority and dominant ethnic Vietnamese Kinh against ethnic minorities such as Degars (Montagnards), Chams and the Khmer Krom. It has also been directed against black people from other countries around the world as well.

<span class="mw-page-title-main">Nguyễn Văn Đài</span> Vietnamese activist and lawyer

Nguyễn Văn Đài is a Vietnamese human rights lawyer, democracy activist and blogger. He was arrested on December 16, 2015, by the Vietnamese authorities and charged under Article 88 for "conducting propaganda against the state". The arrest was condemned by international human rights organisations and elected representatives across the world.

The United Front for the Liberation of Oppressed Races waged a nearly three decade long insurgency against the governments of North and South Vietnam, and later the unified Socialist Republic of Vietnam. The FULRO insurgents represented the interests of indigenous Muslim and Hindu Cham, Montagnards, and Buddhist Khmer Krom against the ethnic Kinh Vietnamese. They were supported and equipped by China and Cambodia according to those countries' interests in the Indochina Wars.

<span class="mw-page-title-main">Nguyễn Đặng Minh Mẫn</span>

Nguyễn Đặng Minh Mẫn is a human rights activist. Seeing the social inequities in Vietnam, she became a freelance photojournalist and posted photographs online as an alternative news source to state-controlled media.

<span class="mw-page-title-main">Mother Mushroom</span> Vietnamese blogger and dissident

Mother Mushroom is the pen name of the Vietnamese blogger and dissident, Nguyễn Ngọc Như Quỳnh. Mushroom or Nấm in Vietnamese is the name of her daughter. She first used the pen name in her popular blog "Mẹ Nấm".

<span class="mw-page-title-main">Persecution of the Montagnard in Vietnam</span>

The native inhabitants of the Central Highlands of Vietnam are known as the Montagnard. The Vietnamese conquered the Central Highlands during their "march to the south". Ethnic Vietnamese (Kinh) people now outnumber the indigenous Degars after state-sponsored colonization directed by both the government of South Vietnam and the current Communist government of unified Vietnam. The Montagnards have engaged in conflicts with the Vietnamese, from the anti-Communist South Vietnamese government, the Viet Cong, to the Communist government of unified Vietnam. There are contrasting views on this issue, as the constitution of the government of Vietnam states "Article 36 of the Constitution, the state invests heavily in education and supports various preferential programmes for ethnic minorities, like ethnic minority boarding schools, lower entry requirements and quota for minorities." Both the initial 1945 constitution and the revised 1992 constitution of North Vietnam and the successor state the Socialist Republic of Vietnam stated that all minority groups in Vietnam have the right to maintain their mother tongues in their schooling as well as to use their languages to preserve their ethnic cultures and values, although the degree of enforcement remains ongoingly debated due to complicated nature.

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