Stakeholder submission to the 18th session of the UN Human
Rights Council UPR for Vietnam
1 June 2013
SUBMITTING
STAKEHOLDERS
VOICE (Bangkok, Thailand and Manila, Philippines)
and Freedom House (Washington DC, USA) have compiled information received from
partner organisations within Vietnam.
VOICE
(Vietnamese Overseas Initiative for Conscience Empowerment) www.vietnamvoice.org
VOICE is a non-profit organisation established in
California, USA in 2006. Since 2007, VOICE has provided internship
opportunities to young Vietnamese from Vietnam and abroad to learn more about
the rule of law, government policy and civil society development. VOICE aims to
support and empower courageous individuals, young graduates, bloggers and
activists through short and long-term internship programs, training courses,
and mutual collaboration with NGOs in the Philippines. Issues covered include
international human rights law, community empowerment, and civil society
development.
Freedom
House
Vietnam
Path Movement – Con Duong Viet Nam (VPM, CDVN)
Dong
Chua Cuu The – Vietnamese Redemptorists’ News
Dan
Lam Bao (Citizen Journalism)
Keywords: religious freedom, Buddhist, Redemptorist church, due process, closed
trial, criminal procedure, feigned legitimacy, arbitrary detention, national
security, police brutality, torture, cruel, inhumane, degrading treatment or
punishment, spreading propaganda, civil society, freedom of association, NGO,
GONGO, freedom of assembly, Facebook, Vietnam-China relations, South China Sea,
land grabbing, protestors, demonstrations, police harassment, restriction of
movement, land grabbing, forced eviction, fair compensation, state-owned media,
one-party state, internet freedom, blogger, social networking
Index
·
1-7: Freedom of Religion: Dong
Chua Cuu The
·
8-15: Right to Fair Trial & Public
Hearing: the Vietnam Path Movement
·
16-20: Arbitrary Detention: the Vietnam Path
Movement
·
21-23: Police Brutality, Torture and other Other Cruel, Inhuman, or
Degrading Treatment or Punishment: the Vietnam Path Movement
·
24-33: Civil Society and Freedom of Association: VOICE
·
34-37: Freedom of Assembly: VOICE
·
38-40: Freedom of Movement: VOICE
·
41: Forced Evictions and the Right to Housing, Home, and to
Own Property: VOICE
·
42-60: Control of the Media and Freedom of Expression: Dan Lam Bao
.
61-66: Recommendations
Freedom
of Religion
1. Given the signature and ratification of the ICCPR, Vietnam appears to
have a complete legal framework to guarantee freedom of religion for its
citizens. Even the Constitution of Vietnam stipulates that
"Citizens have the right to freedom of belief and religion, and may
practise or not practise any religion" (Article 70). However, State
recognition of religious organizations is essential to ensure the development
of religions in the statutory framework as well as to solve conflicts between
(and within) religious organizations.
2. Although the Constitution provides that "all religions are
equal before the law", the implementation of the new legal framework
creates conflicting results. For example, Decree 92, issued in 2012,
providing further guidance on the Ordinance on Religion and Belief
(Ordinance 2004), stipulates that the name of the registered religious
organization must not coincide with the name of those that have been previously
recognized. This regulation has been used by authority agencies to deny
registration of some religious organizations such as the United Buddhist Church
of Vietnam, the Evangelical Church Mennonite, and the Hoa Hao Central Buddhist
Church. Decree 92 also goes further than Ordinance 2004 in
restricting religious freedom by requiring religious organizations to operate
for at least twenty continuous years if they wish to be recognized by the
State.
3. Intervention in the activities of religious organizations
Current laws authorize the government to interfere
in the internal affairs of religious organizations. For example, Ordinance
2004 stipulates that the congress of religious organizations must be
approved by local and central authorities. This requirement created
difficulties for some religious organizations in their practice of religion,
like the Hoa Hao Central Buddhist Church when they celebrated Holy Huynh’s
Death Anniversary in March 2012.
4. Ordinance 2004 also requires that those who are ordained must
meet ambiguous criteria, such as "having good moral virtues" and
"having the spirit of solidarity and ethnic harmony". By not
clarifying these criteria, the government has the power to suppress those
regarded as threats to its authority.
5. In addition, according to the Ordinance, religious organizations
must reach an agreement with the State regarding an appointment when a “foreign
element” is involved. This means that for the Catholic faith, the Pope must
discuss with the State before appointing a bishop. One example is the case of
Father Nicolas Huynh Van Nghi, who was appointed bishop of Saigon by the
Vatican but rejected later by the government.
6. Another limitation relates to missionary activities. Under the Ordinance,
religious dignitaries can perform religious rituals outside a worship place
only with authorization. Accordingly, religious dignitaries could be fined if
they evangelize in non-religious regions where there is no church. This demand
has obstructed the expansion of religion.
7. Violation of the right of religious dignitaries to reside and
travel
The government has obstructed many religious
dignitaries, such as those of the Vietnamese Redemptorist Church, in their
rights to reside and travel, in order to limit their influence as well as that
of the religious organizations. Reverend Fr. Vincent Pham Trung Thanh, the
Provincial Superior of the Redemptorist Province of Vietnam, was banned on July
10th, 2011 from attending a religious forum in Singapore. In the same month, Father
Joshep Dinh Huu Thoai, Provincial Secretary of the Redemptorist Church was
blocked from exiting to Cambodia. On September 16th, 2012, Father Anthony Le
Ngoc Thanh was held in custody at the police station in Bac Lieu province,
while on the way to attend the death anniversary of Ms. Dang Thi Kim Lien, who
burned herself to death on July 30th, 2012 to protest the arrest of her
daughter Ta Phong Tan.
Right
to Fair Trial and Public Hearing
8. In its previous UPR in 2009, Vietnam agreed to comply with the ICCPR,
particularly Article 14, by agreeing to take the necessary steps to ensure fair
trial in its laws (A-42 recommendation by Argentina). In actuality, however,
when it comes to cases related to human rights, compliance in relation to this
remains to be seen.
9. Denied Due Process
Vietnam’s Criminal Procedure Code stipulates
that the responsibility of proving offences rests with procedure-conducting
bodies; the accused or defendant has the right to remain silent, and is
guaranteed a means of defense and fair trial under the law. In reality, these
rights are not actualised. This is especially true when a person is charged
with an offence related to challenging or 'harming' the Communist Party or the
State.
10. Political activists facing trial have difficulties gaining access to
legal representation as the authorities harass and threaten lawyers who take
them as clients, implement bureaucratic delays, and/or reject requests for
defense counsel. This is evident in the following cases:
11. On January 20th, 2010, Le Cong Dinh (Lawyer), Tran Huynh Duy Thuc
(Activist), Le Thang Long (Activist) and Nguyen Tien Trung (Engineer) were
tried for “activities aimed at overthrowing the state” before the Ho Chi Minh
City People’s Court. The defendants’ motion for the refusal of a CPV-controlled
bench of judges was dismissed. It took the judges merely 15 minutes to
deliberate, with the verdict announced within 45 minutes. The defendants were
not given the opportunity to cross-examine witnesses or analyze the evidence
against them.
12. On April 4th, 2011 the Hanoi People’s Court convicted Cu Huy Ha Vu
(Legal Scholar) of “spreading anti-state propaganda” in less than six hours.
The defense team was denied access to documents on which the prosecution’s case
was based, while a defense lawyer was dismissed. The remaining lawyers
persisted in seeking the documents, only to walk out in protest when their
efforts were in vain.
13. Phan Ngoc Tuan (Labour Rights Activist) was sentenced to five years in
prison for “spreading anti-state propaganda” by Ninh Thuan Province People’s
Court. He was tried on June 6th, 2012 and August 29th, 2012, and had no legal
representation nor was he allowed to speak in defense of himself both times.
His request for a defense counsel was rejected during the interrogation phase.
14. On December 27th, 2013, Le Quoc Quan (Lawyer) was arrested on charges of
'tax evasion'. During the investigation, he was not granted a lawyer of his
choice, and his team was not able to gain access to case documents. Le Quoc
Quan was also required to wear a prisoner’s uniform when meeting with his
lawyers, even before proven guilty. To date, his family has been denied
visitation rights.
15. Closed trials
Although public trials are required under Article 18
of Vietnam’s Criminal Procedure Code, most hearings for political cases
are closed to the general public. To feign the legitimacy of these trials,
select individuals and state-owned media agents are placed inside the
courtrooms by local authorities. In the case of Cu Huy Ha Vu, a few foreign
diplomats and journalists were allowed to watch the proceedings via
closed-circuit television. In the case of Le Cong Dinh, Tran Huynh Duy Thuc, Le
Thang Long, and Nguyen Tien Trung, the defendants’ relatives were banned from
the trial, while dozens of policemen monitored the courthouse. A similar set-up
was also used during hearings for:
- Nguyen Van Hai (Blogger Dieu Cay), Ta Phong Tan
(Blogger), Phan Thanh Hai (Blogger Anh Ba Saigon) on September 24th and
December 28th, 2012;
- Vo Minh Tri (Musician Viet Khang) and Tran Vu Anh
Binh (Musician) on October 30th, 2012;
- 14 Catholic Activists from January 8-9th,
2013.
Arbitrary
detention[1]
16. Vietnam’s judiciary is not independent from its legislative and
executive branches, as judges and the Chief Justice are members of the
Communist Party of Vietnam (CPV). As a result of this ambiguity and lack of
separation of power, the state has detained and/or imprisoned many dissidents
and activists without trial or legal reason contrary to the right to liberty
and security of the person (ICCPR Article 9 and 10), as demonstrated in
the following cases:
17. Between late August to early September, 2009, Pham Thi Doan Trang
(reporter for VietNamNet), Bui Thanh Hieu (Blogger Nguoi Buon Gio), and Nguyen
Ngoc Nhu Quynh (Blogger Me Nam) were arrested and detained arbitrarily. At the
time of the arrest, Nguyen Ngoc Nhu Quynh was caring for her 36 month-old child,
which should have exempted her from being arrested under Vietnamese law.
18. On April 4th, 2011, Le Quoc Quan (Blogger/Lawyer), and Pham Hong Son
(Doctor/Democracy Activist) were arrested outside of Hanoi People’s Court for
simply being present to observe the trial of Cu Huy Ha Vu.
19. On November 27th, 2011, Bui Thi Minh Hang (Activist) was arrested in
front of Ho Chi Minh City’s police station for protesting (peacefully) against
unlawful suppression of the government. Her arrest was not announced to her
family, and she was then moved to Ha Noi and imprisoned for two years in a
re-education camp.
20.
Under Article 120 of Vietnam’s Criminal Procedure
Code, pre-trial detention is limited to four months for very serious
offenses, and may be extended no more than three times (four months per time)
for serious offences. However, extensions are routinely applied to “national
security” cases under vague grounds, which often have no indication of being
serious. Bloggers Nguyen Van Hai and Phan Thanh Hai were imprisoned for 23
months prior to their conviction on September 24th, 2012, a duration that
exceeds even the longest extension period permitted under Article 120. Vietnam
has failed to ensure that all persons deprived of liberty are brought before a
judge without delay (A-43 recommendation by Austria during the fifth session of
the 2009 UPR).
Police
Brutality, Torture and other Other Cruel, Inhuman, or Degrading Treatment or
Punishment
21. It is commonplace for political detainees to be held incommunicado with
no access to legal representation in the first four months of detention.
Further, to extract confessions, investigators sometimes resort to physical
abuse, isolation, excessively lengthy interrogation sessions, sleep
deprivation, and punitive placement of defendants in dark, airless, unsanitary,
and solitary cells.
22. During the investigation phase for Tran Huynh Duy Thuc, he was held in a
cramped cell with minimal exposure to sunlight, with no sanitation facility or
water source. In August 2009, before their trial took place, Le Cong Dinh, Tran
Huynh Duy Thuc, and Le Thang Long were forced to sign a confession and admit
guilt on state-owned television channels.
23. In October 2012, 21 year-old Nguyen Phuong Uyen was arrested for
“spreading anti-state propaganda”. In April 2013, her mother discovered that
she had been beaten to concussion, with bruises on her neck, chest, and arms
during a prison visit.
Civil
Society and Freedom of Association
24. Although civil society organizations (CSOs) in Vietnam exist
theoretically in the form of MOs (mass organizations), NGOs (non-governmental
organizations), and CBOs (community-based organizations), most are actually
GONGOs (government-organized NGOs).
25. Furthermore, and in a severe curtailment of the rights listed in Article
20 of the UDHR and Article 22 of the ICCPR, the government has issued
regulatory documents governing civil society, including the 2007 Grassroots
Democracy Decree on the involvement of people and community-based
organizations in policy making, Decree 30 (2012) on the activities of
charity and social funds, and Decree 45 (2010) on the organization and
activities of associations. The Law on Association, after several
legislative terms over the course of 21 years with nearly 20 drafts, fails to
be adopted and is arguably one of the most “politically sensitive” laws. The
absence of this law means that the ruling Communist Party relies mostly on the
existing above regulations to govern civil society organizations.
26. The existing regulations, however, are neither flawless nor practically
enforced. The Grassroots Democracy Decree, whose intent is frequently
described by the official slogan, “The people know, the people discuss, the
people do and the people review,” in practice gives the people the right to
know about some regulations and policies within their village, but not to
discuss them.
27. Decree 45 intervenes in the organization and activities of
associations by determining their charter and structure. It stipulates the
minimum number of members a group needs to be recognized; for example, 10 for
an association at the commune level, and 100 for a national association. Every
group must also register a location for its headquarter, which is almost
impossible for many small groups in poor financial conditions. Likewise, Decree
30 sets very high “minimum assets” for charity and social funds to be
registered.
28. Under the law, citizens wanting to form an organization must also
undertake complicated and time-consuming administrative procedures. It is
unlikely for an NGO dealing with human rights, state accountability,
anti-corruption, or other politically sensitive issues to be granted an
establishment license. Non-political NGOs, for example, the Vietnam Writers’
Association, may face less complex registration procedures, but must still
operate in accordance with Party-adopted charters, rules and regulations.
29. Recently, “Cơm có thịt” (“Meals with Protein”), an initiative by
a retired journalist to provide food to indigent children in mountainous areas,
failed to be licensed after nearly two years of operation. Its founder could
not do anything but complain about ‘foot-dragging’ procedures and the delay of
relevant authorities in replying to his application.
30. CBO’s, similarly with the two other types of CSO’s, can scarcely
represent the voices of the poor. This is due to their limited capabilities,
shortage of resources, or both.
31. On the other hand, there is no law regulating the six major
socio-political organizations established by the Party (the six MO’s).
32. “Party-owned CSOs”
The MOs are socio-political organizations
established by the Party. Presently there are six major MOs in Vietnam,
including the Ho Chi Minh Communist Youth Union, the Vietnam Farmers’
Association, the Vietnam General Confederation of Labor (equivalent
to a national trade union), the Vietnamese Fatherland Front, the Vietnam
Women’s Union, and the Vietnam Veterans Association. These CSOs are
led by communist officials who are appointed by the Party; their permanent
staff are civil servants; and they are subsidized by the state budget. Their
main function, as determined by the Law on the Issuance of Legal Documents
(2008), is to coordinate with authorities in law-making and to instruct the
policies of the Party and the government. The Farmers’ Association, for
example, has remained outside rampant land conflicts between farmers and land
grabbers, except when they are requested by authorities to “disseminate” state
policies of development to the would-be land-lost peasants. Recently, the Communist
Youth Union of the Ho Chi Minh Law University launched a campaign of libel
and harassment against three of their students, who had previously made an
online declaration in support of a land-lost farmer.
33. In brief, being state-owned and controlled by Party, MOs' responsibility
is to defend the Party and state’s interests rather than those of their
members. Any other organization working for the rights of youth, peasants,
workers, women, religious believers and veterans is deemed to overlap with the
six MOs and thus denied license.
Freedom
of Assembly
34. Proletariats, you can’t unite!
As far back as 2005, in order to effectively
restrict freedom of assembly and association, the government (as requested by
the Ministry of Public Security) enacted Decree 38, under which any
person taking part in public rallies or protests can be accused of “disrupting
public order”.
35. With Decree 38 as a powerful tool to limit freedom of assembly,
the government has stamped out as many demonstrations as they can since 1975
when South Vietnam was conquered by the Communist North. In December 2007,
protests against China’s provocative acts in the South China Sea disputes broke
out in both Hanoi and Ho Chi Minh City and were quickly suppressed. Dozens of
people were beaten, with famous blogger Dieu Cay arrested and imprisoned four
months later. A 24-year-old blogger in Hanoi, Binh Nhi, was choked and beaten
in the police station till he vomited blood.
36. In the summer of 2011 and 2012, anti-China protests broke out again in
the two cities and were brutally suppressed. Photos and videos circulated on
the internet show plainclothes policemen knocking down Facebooker Phan Nguyen
on the streets of Saigon (June 12, 2011), treading on the face of blogger
Nguyen Chi Duc in Hanoi (July 17, 2011) and many other cases of police assault
against protestors. In Hanoi, 47 people were arrested on August 21, 2011, some
of whom were accused of “disrupting public order” and imprisoned for at least
36 hours. On the other hand, none of the police were held responsible for cases
of assault and battery against civilians.
37. With the growth of Facebook being used as a tool to initiate rallying,
demonstrations have broken out sporadically since June 2011, many of which were
staged by land-lost peasants. Police harassment has been escalating too.
Because demonstrations tend to take place on Sunday mornings, many people are
confined to their homes on Sunday as if they were under house arrest.
Protestors also face dismissal and boycott in their work place, or school
disciplinary action if they are students. At the same time, state-owned media
continue to launch campaigns to tarnish protestors’ reputation, calling
protestors such names as reactionaries, fomenters, or bad people.
Restriction
of Movement
38. The case of Phạm Văn Điệp (Vietnamese citizen and passport holder, born:
June 12, 1968) demonstrates a severe curtailment of Article 12 of the ICCPR
and Article 13(2) of the UDHR.
39. On February 16, 2007, Phạm Văn Điệp, who is a resident of Drevlanka city,
Russia, left Russia and came back to Vietnam to attend a meeting with the
Vietnam Democratic Party. He was arrested by Vietnamese police on February 24,
2007 and was not allowed to leave Vietnam as planned. The police put him under
surveillance until June 22, 2007. On April 24, 2013, he once again tried to
return to Vietnam from Russia but was denied entry by the immigration officials
at Noi Bai International Airport (Ha Noi). The policemen constrained him and
put him on a flight to Moscow.
40. To date, all overseas Vietnamese (Viet Kieu) are still required to
obtain a visa before entering Vietnam despite the fact that under Vietnamese
law, specifically the Nationality Code, all are considered Vietnamese citizens
and are entitled to apply and carry Vietnamese passports. Well known cases
concerning Nguyen Hung Quoc (Lecturer/Blogger), Trinh Hoi (Lawyer/Blogger) and
many others have been denied entry despite the fact that they were holding
valid visas and are considered Vietnamese citizens under its own law.
Forced
Evictions and the Right to Housing, Home, and to Own Property
41. Land grabbing in Vietnam has resulted in consistent violations of
Articles 12 and 17 of the UDHR; the need to provide “an effective remedy” of
Article 2(1) of the ICESCR which includes “adequate compensation for any
property”[2];
the protection from forced evictions as enumerated in Article 11(1) of the
ICESCR and detailed in General Comment 7 of the CESCR[3];
and Articles 2(3) and 17 of the ICCPR. According to Vietnamese constitutions
since 1980 up to now, citizens only have the right to use land, not to own
land. According to the 2003 Land Law, the government can revoke
citizens’ land use rights and to allocate it to investors for reasons of
economic development (or economic purpose) and the government only has to
compensate for land acquired at price brackets imposed by themselves. In
reality, the government has recovered the land of citizens arbitrarily at
prices much lower than that in the free market. Land evictions have been
conducted by armed policemen, and even troops, injuring a lot of people.
Control
of the Media and Freedom of Expression
42. In the 2009 UPR, Vietnam responded favourably to the recommendation that
it should “introduce and seek prompt passage of access-to-information
legislation” (Canada), “take steps to ensure that full respect for the freedom
of expression, including on the Internet, is implemented in current
preparations for media law reform” (Sweden), and to ensure that “the review of
the press law follows the international standards on this subject, particularly
with respect to the protection of journalists” (Switzerland).
43.
After four years, however, Vietnam is far from
implementing any of these recommendations, no matter how its state-owned media
may present the matter. Moreover, things have been worsening especially for bloggers,
with site attacks, firewalls, police harassment and arbitrary arrests on the
increase.
44. The press being a political tool of the one and only party
The vast majority of media agencies in Vietnam are
owned, dominated and controlled by the Party in various forms, and so are their
journalists. However, the government has been using the number of media
agencies and reporters as the only significant evidence of media freedom in
Vietnam.[4]
45. Given the political system in which the ruling Communist Party
supersedes the state, controlling and involving itself in every aspect of
governance, the state-owned press means the Party-owned press. In other words,
as some Vietnamese journalists themselves often put it, in Vietnam, the press
is nothing more than a tool owned and used by the Party.
46. Article 1 of the Vietnam’s Law on Media (1999) clearly stipulates the
role and function of the media, “The media operating within the Socialist
Republic of Vietnam is the essential means of providing public information in
relation to social life; is the mouth piece of Party organizations, State
bodies and social organizations, and a forum for the people.”
47. Enemies of the Internet
Despite Sweden’s recommendation that Vietnam takes
steps to ensure full respect for the freedom of expression, including on the
Internet, things have not changed much.[5]
48. The government has been using the number of Internet users as a
counterpoint to any argument about the lack of Internet freedom in Vietnam. [6]
49.
The “freedom of Internet” in Vietnam has been
described by a dissident editor for an online news site as: “You can use [the]
Internet as much as you want as long as you write along the Party's lines.”
Thus, any article that antagonises efforts to maintaining “comradeship” with
the Chinese regarding the sovereignty dispute between Vietnam and China can be
accused of being against “people's administration”. As a result, dozens of
bloggers and street protestors have been arrested in recent years.
50. A typical example is the case of the famous blogger Nguyen Van Hai (aka
Dieu Cay), who was sentenced to 12 years in prison and 5 years under house
arrest after he had finished his first prison term of 2.5 years in 2010 because
of his blog about Vietnam-China's sovereignty dispute. While in prison he faced
ill treatment and has been secretly transferred to an unknown prison.[7]
51. Any writing about the economic crisis that Vietnam has faced since early
2008 and critical of the Party-dominated government can be accused of
“spreading anti-state propaganda”. While mainstream media remains obedient, the
government has realized that social networking sites and blogs are its main enemies.
Efforts have been made to fight these enemies, ranging from blocking
“anti-state sites” to online attacks. If and when bloggers and social media
users’ true identities are discovered by the authorities’ cyber-squad, the
police carry out real-life harassment, assaults and detention to snuff out
dissenting voices.
52. Abuse of the law
In 2012, at least 52 people were detained,
prosecuted and some sentenced under charges related to “anti-state” activities
on both mainstream press and the Internet. Of these, one person was charged
with “abusing democratic freedoms to infringe upon the interests of the
State” under Article 258 of the Penal Code, another with “illegally
using information in computer networks” (Article 226), another with “undermining
the unity policy” (Article 87), and three with “carrying out activities
aimed at overthrowing the people’s administration” (Article 79). The rest
were accused of “conducting propaganda against the state” under the
notorious Article 88 of the Penal Code. The number 88 reminds people of
the fitting image of handcuffs, as bloggers satirically put it. The charges
were similar in that they all related to so-called “anti-state”
activities.
53. Among the provisions that the Party employs to crush dissent, Article 88
proves to be most useful. As a vaguely worded and overbroad provision, it can
be used to punish with very harsh sentences anyone who writes anything that the
Party dislikes. For example, it stipulates that those “propagating against,
distorting and/or defaming the people’s administration” shall be sentenced
to between 3 and 12 years in prison.
54. On September 20, 2012, local police arrested Nguyen Phuong Uyen, a
20-year-old female student from the southern province of Long An. The Ministry
of Public Security's indictment dated March 06, 2013 accused her of violating
Article 88,“conducting propaganda against the state”, even though all
her activities listed in the indictment were not ‘against’ the “people's
government”. She was beaten up in her cell, as her mother cried out for help.
Bruises were still evident on her daughter’s face and body from her last prison
visit. In May 2013, Uyen was sentenced to 6 years imprisonment while her
colleague and friend, 25-year-old Dinh Nguyen Kha was sentenced to 8 years with
both facing 3 more years of house arrest following their release.
55. In October 2012, songwriter Viet Khang was sentenced to four years in
prison for composing two songs that contained some allegedly “anti-state”
lyrics.
56. On December 28, 2012, during the Christmas holiday season when foreign
diplomats and those working for international organizations would be away from
Vietnam, the Ho Chi Minh City Court confirmed the sentences of 12 years of
imprisonment in the case of blogger Dieu Cay and 10 years of blogger Ta Phong
Tan, for violating Article 88.
57. Another regulation which effectively controls freedom of the press is
the Ordinance to Protect State Secrets, issued in December 2000. It
gives the Ministry of Public Security full power to interpret what are “state
secrets”, while no one can determine exactly when a document is sealed
“confidential” by the Ministry.
58. In addition to existing laws, the government continues to seek new legal
tools to constrain “uncontrolled” freedom of speech. In April 2012, it issued a
draft decree on the “management, supply and use of Internet services and online
information”, under which Internet service providers would have to submit their
clients’ personal information to the police upon request.
59. Apart from legislation, the government also enacts regulatory documents
to control the Internet. On September 12, 2012, the Central Government Office
issued a document entitled “Dealing with Anti-state Information”, quoting
reports by the Ministry of Public Security regarding some websites such as “Dan
Lam Bao” (“Citizen Journalists” or “People Make News”) and requesting the
police and propagandists to “find out and strictly punish” any
individuals and organizations who disseminate “calumnious information against
the Party and the Government.” The order also prohibited civil servants and
party members from accessing such “reactionary websites”.
60. In short, while Vietnam may have 786 media agencies, 1,016 publications,
17,000 journalists, 67 television stations, 46 electronic newspapers and 287
news websites, one must work for the Party and must stay within the Party lines
to feel and be safe.
RECOMMENDATIONS
61.
Civil Society
- The legislature pushes forward with the Law on
Association, to facilitate the establishment and operation of every CSO.
Even the six MOs shall be subject to this Law rather than being treated as a
superior kind of CSOs.
- The government annuls or amends laws and
regulations that limit freedom rights, such as the Decree 38 on securing public
order.
- Police harassment against people exercising their
rights be ended immediately.
- The government abandons all forms of intervention
into CSOs’ activities.
62.
Fair trial
To improve the rights to fair trial in Vietnam, the
government needs to make the following amendments to the Criminal Procedure
Code:
(1) Allow defense counsels to participate in trial
from start to finish, including crimes related to the Penal Code Article 79
(carrying out activities aimed at overthrowing the people’s administration) and
Article 88 (conducting propaganda against the Socialist Republic of Vietnam).
(2) Clearly stipulate that defendants have the right
to remain silent, and put it into practice.
(3) Guarantee open trials for all cases, allowing the
participation of every citizen.
Close all re-education camps, and ensure that no
citizen will be imprisoned without trial.
63. Freedom of Religion
- The government needs to recognize all religions
without the requirements of their name and operating time.
- Article 22 of Ordinance 2004, which authorizes the
government to intervene in the appointment of religious organizations, be
abolished.
- Article 06 of Decree 92, which requires religious
organizations to operate for at least twenty continuous years if they wish to
be recognized by the government, be abolished.
64.
Forced Evictions
Appropriate procedural protection and due process
put in place in the event of forced evictions:
(a) an opportunity for genuine consultation with
those affected;
(b) adequate compensation determined by an
independent assessor and reasonable notice givent to all affected persons prior
to the scheduled date of eviction;
(c) information on the proposed evictions, and,
where applicable, on the alternative purpose for which the land or housing is
to be used, to be made available in reasonable time to all those
affected;
(d) especially where groups of people are involved,
government officials or their representatives to be present during an
eviction;
(e) all persons carrying out the eviction to be
properly identified;
(f) evictions not to take place in particularly bad
weather or at night unless the affected persons consent otherwise;
(g) provision of legal remedies; and
(h) provision, where possible, of legal aid to
persons who are in need of it to seek redress from the courts.
65.
Freedom of Expression and of the Press
Judicial reviews are conducted and unconstitutional
laws or provisions such as Article 88 of the Penal Code, the Ordinance to
Protect State Secrets, and the Law on Media, be abolished.
The government shall not criminalize technical
mistakes made by the press.
66.
General
The government should implement all the
recommendations in the 2009 UPR regarding freedom of expression, freedom of religion,
freedom of the press and land rights to which they have committed themselves,
being:
A - 46: Introduce and seek prompt passage of
access-to-information legislation (Canada);
A - 47: Take steps to ensure that full respect for
the freedom of expression, including on the Internet, is implemented in current
preparations for media law reform (Sweden);
A - 48: Consider strengthening press freedom
protections contained in the 1999 press law (Australia); ensure that the review
of the press law follows the international standards on this subject,
particularly with respect of the protection of journalists (Switzerland);
ensure that press laws are in compliance with article 19 of ICCPR
(Netherlands);
A - 44: Take the necessary steps to ensure that
citizens can fully enjoy the rights to freedom of expression and freedom of
religion (Argentina);
A - 52: Strengthen efforts in the areas of civil and
political freedoms, including freedom of expression and the press and freedom
of religion (Republic of Korea);
A - 45: Fully guarantee the right to receive, seek
and impart information and ideas in compliance with Article 19 of ICCPR
(Italy);
A - 50: Uphold the progress it has achieved in
ensuring religious freedom for the different communities and ensuring that
religious and belief activities continue to be an enriching feature of
Vietnamese society (Lebanon);
A - 51: Continue to maintain and strengthen the
economic, political and social model of Viet Nam to guarantee the full
participation of the population in public and security affairs (Laos People’s
Democratic Republic);
A - 53: Continue efforts in its current economic and
political platform that aim at protecting and guaranteeing people’s rights,
namely religious freedom (Cambodia): and
A - 72. Fully implement the land law passed
(Switzerland)
NOTES:
[1]
The Working Group on Arbitrary Detention has found consistent breaches of this
principle from 1992 to 2012.
[2]
CESCR, General Comment 7, May 20 1997 at paragraph 13.
[3]
May 20, 1997, at paragraph 1.
[4]
As of March 2012, in print media alone, there are 786 media agencies nationwide
with 1,016 publications and 17,000 licensed journalists in Vietnam. In
broadcast, there are 67 broadcast agencies. Three of these are central
(national) agencies, including Voice of Vietnam, Vietnam Television and Vietnam
Digital Television. They provide 200 domestic channels and 67 overseas ones. In
the area of electronic media, Vietnam has 46 electronic newspapers/magazines
and 287 news sites.
[5]
In this year’s “Enemies of the Internet” report, Reporters without Borders has
identified five state enemies of the Internet that conduct systematic online
surveillance that results in serious human rights violations. They are Syria,
China, Iran, Bahrain and Vietnam.
http://en.rsf.org/special-report-on-internet-11-03-2013,44197.html
[6]
According to the stated controlled media, Vietnam ranked 18 out of the top 20
countries in Internet usage. As of March 31, 2012, there were 30,858,742
Internet users in Vietnam or 34.1% of the Vietnamese population.
[7]
As reported by Dan Lam Bao on April 26, 2013:
--------------------------------------------
1.
Stakeholder submission for the UPR of Vietnam 2014. Đây là báo cáo chính trong tuyển tập, do VOICE, Dân Làm Báo, Truyền
thông Chúa Cứu thế, Con Đường Việt Nam, và Freedom House, phối hợp thực hiện
vào tháng 5/2013. Nó cũng là phần “báo cáo của các bên liên quan” (stakeholder
submission), một trong các nguồn tài liệu chính để Nhóm Làm Việc về UPR của
Liên Hợp Quốc sử dụng làm căn cứ đánh giá tình hình nhân quyền ở Việt Nam.
2.
Vietnam 2013 Human Rights Report (Báo cáo Nhân
quyền Việt Nam 2013), do Dân Làm Báo thực hiện.
3.
Human Rights Day in Vietnam (Báo cáo về
những vụ đàn áp blogger nhân ngày Nhân quyền Quốc tế), do Mạng Lưới Blogger
Việt Nam thực hiện.
4.
Freedom of Religion and Artistic Expression (Về tự do tôn giáo và quyền tự do sáng tác), do VOICE thực hiện.
5.
How State Impunity Operates (Lợi dụng luật
pháp để chống tự do ngôn luận), bài viết của nhà báo Đoan Trang.
6.
Chronology of Blogging Movement in Vietnam (Lịch sử blog Việt).
Dân Làm Báo
sẽ đăng tải tất cả các báo cáo trong tuyển tập này, để bạn đọc tham khảo.
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