Democratic Development and Increased Respect for Human Rights
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Long Road to Democracy 29
INTRODUCTIONI VIETNAm’s iCE AGE In January 2011, the Arab Spring transformed Tunisia. Egypt followed suit. Then Burma had its own spring. But no spring ever came to Vietnam. On the contrary, the political chill deepened. When National Assembly speaker Nguyen Phu Trong took over as Vietnamese Communist Party general secretary, he was ready to do anything to maintain order and, above all, stay in power. He inaugurated a new era marked by a growing crackdown on journalists and bloggers. Since his promotion, those who refuse to submit to the single party’s censorship have been subjected to waves of arrests, trials, physical attacks and harassment. The Trong era’s statistics are impressive, if not glorious. In 2012 alone, the Vietnamese authorities prosecuted no fewer than 48 bloggers and human rights activists, imposing a 3 total of 166 years in jail sentences and 63 years of probation. Vietnam is now the world’s second biggest prison for blogger and netizens, after China. Relative to population size, the situation is much worse in Vietnam than China. A total of 35 bloggers and netizens are currently detained just for exercising their right to information and expression, of whom 26 were arrested since Trong took over. The new Vietnamese strongman’s achievements including reinforcing the human and technological resources assigned to Internet surveillance, and the constant adoption of new repressive laws and directives. The latest, called Decree 72, makes it illegal to use blogs and online social networks to share information about news developments. It marks a new low in the regime’s campaign against use of the modern Internet as a tool of independent information and troublesome counterweight to Vietnam’s traditional media, which are kept under tight party control. -
U.S.-Vietnam Relations in 2011: Current Issues and Implications for U.S. Policy
U.S.-Vietnam Relations in 2011: Current Issues and Implications for U.S. Policy Mark E. Manyin Specialist in Asian Affairs May 18, 2012 Congressional Research Service 7-5700 www.crs.gov R40208 CRS Report for Congress Prepared for Members and Committees of Congress U.S.-Vietnam Relations in 2011: Current Issues and Implications for U.S. Policy Summary After communist North Vietnam’s victory over U.S.-backed South Vietnam in 1975, the United States and Vietnam had minimal relations until the mid-1990s. Since the establishment of diplomatic relations in 1995, overlapping security and economic interests have led the two sides to expand relations across a wide range of issue-areas and begin to form a strategic partnership of sorts. Perhaps most prominently, in 2010, the two countries mobilized a multinational response to China’s perceived attempts to boost its claims to disputed waters and islands in the South China Sea. This coordinated effort to promote the freedom of navigation has continued. U.S. Interests In the United States, voices favoring improved relations have included those reflecting U.S. business interests in Vietnam’s reforming economy and U.S. strategic interests in expanding cooperation with a populous country—Vietnam has over 90 million people—that has an ambivalent relationship with China and that is asserting itself on the regional stage. Others argue that improvements in bilateral relations should be conditioned upon Vietnam’s authoritarian government improving its record on human rights. The population of more than 1 million Vietnamese-Americans, as well as legacies of the Vietnam War, also drive continued U.S. -
Cambodia: Human Rights Before and After the Elections
May 1993 Vol.5 No.10 CAMBODIA: HUMAN RIGHTS BEFORE AND AFTER THE ELECTIONS I. INTRODUCTION Cambodians will go to the polls on May 23 in an atmosphere of political and ethnic violence and renewed civil war. The elections are the culmination of a 17-month United Nations presence, the largest, most ambitious and most expensive peace-keeping effort ever, which was supposed to bring about an end to the conflict. Instead, Cambodia is faced with as much fighting as when the United Nations Transitional Authority in Cambodia (UNTAC) entered the country in March 1992, and a spiralling level of serious human rights abuses. The "neutral political environment" that was supposed to be the precondition for elections is entirely absent. The five permanent members of the Security Council and other drafters of the 1991 Paris peace accords, formally known as the Agreements on a Comprehensive Political Settlement of the Cambodia Conflict, are determined to go ahead with the elections regardless. But what happens on May 23 is almost less important than what happens in the days after the results are announced. Asia Watch believes that an analysis of the missteps that led to the current human rights situation is critically important to determining how, or perhaps whether, human rights of Cambodians can be protected under whatever government comes to power then. The reasons for the deterioration in the human rights situation in late 1992 and early 1993 are complex. None of the parties to the conflict has a history of respect for human rights and one, Democratic Kampuchea, better known as the Khmer Rouge, has one of the worst human rights records in modern history. -
Constitutional Debate and Development on Human Rights in Vietnam
Asian Journal of Comparative Law, 11 (2016), pp. 235–262 doi:10.1017/asjcl.2016.27 © National University of Singapore, 2017 Constitutional Debate and Development on Human Rights in Vietnam Giao Cong VU* Vietnam National University, Hanoi, Vietnam, [email protected] Kien TRAN** Vietnam National University, Hanoi, Vietnam, [email protected] Abstract This article analyzes the constitutional debate on and development of human rights in Vietnam throughout five constitutions from 1946 to 2013, as well as the prospects and challenges in promoting human rights in Vietnam during and after the development of its 2013 Constitution. It begins with an investigation and discussion of the human rights provisions from the 1946 Constitution to the 1992 Constitution – a period where the socialist human rights tradition was established in Vietnam. It follows with an analysis of the debates on the new human rights and citizens’ rights provisions in the 1992 Constitution, where a new concept of natural human rights emerged. The article continues to explore how the struggle and debates surrounding the competing conception of rights – socialist and positivist on one hand and natural law-based on the other – come into play in shaping the 2013 Constitution. It then proceeds to evaluate the potential challenges involved in the implementation of these rights in the coming years. The authors argue that the development of constitutional human rights in Vietnam is still limited by ideological barriers. It also faces substantial practical challenges owing to, inter alia, the absence of provisions for the immediate implementation of such rights as well as legal mechanisms for the protection of constitutional rights, such as a constitutional review system. -
Highlighting Vietnamese Government Human Rights Violations in Advance of the U.S.–Vietnam Dialogue
HIGHLIGHTING VIETNAMESE GOVERNMENT HUMAN RIGHTS VIOLATIONS IN ADVANCE OF THE U.S.–VIETNAM DIALOGUE HEARING BEFORE THE SUBCOMMITTEE ON AFRICA, GLOBAL HEALTH, GLOBAL HUMAN RIGHTS, AND INTERNATIONAL ORGANIZATIONS OF THE COMMITTEE ON FOREIGN AFFAIRS HOUSE OF REPRESENTATIVES ONE HUNDRED THIRTEENTH CONGRESS FIRST SESSION APRIL 11, 2013 Serial No. 113–54 Printed for the use of the Committee on Foreign Affairs ( Available via the World Wide Web: http://www.foreignaffairs.house.gov/ or http://www.gpo.gov/fdsys/ U.S. GOVERNMENT PRINTING OFFICE 80–363PDF WASHINGTON : 2013 For sale by the Superintendent of Documents, U.S. Government Printing Office Internet: bookstore.gpo.gov Phone: toll free (866) 512–1800; DC area (202) 512–1800 Fax: (202) 512–2104 Mail: Stop IDCC, Washington, DC 20402–0001 VerDate 0ct 09 2002 10:54 Sep 24, 2013 Jkt 000000 PO 00000 Frm 00001 Fmt 5011 Sfmt 5011 F:\WORK\_AGH\041113\80363 HFA PsN: SHIRL COMMITTEE ON FOREIGN AFFAIRS EDWARD R. ROYCE, California, Chairman CHRISTOPHER H. SMITH, New Jersey ELIOT L. ENGEL, New York ILEANA ROS-LEHTINEN, Florida ENI F.H. FALEOMAVAEGA, American DANA ROHRABACHER, California Samoa STEVE CHABOT, Ohio BRAD SHERMAN, California JOE WILSON, South Carolina GREGORY W. MEEKS, New York MICHAEL T. MCCAUL, Texas ALBIO SIRES, New Jersey TED POE, Texas GERALD E. CONNOLLY, Virginia MATT SALMON, Arizona THEODORE E. DEUTCH, Florida TOM MARINO, Pennsylvania BRIAN HIGGINS, New York JEFF DUNCAN, South Carolina KAREN BASS, California ADAM KINZINGER, Illinois WILLIAM KEATING, Massachusetts MO BROOKS, Alabama DAVID CICILLINE, Rhode Island TOM COTTON, Arkansas ALAN GRAYSON, Florida PAUL COOK, California JUAN VARGAS, California GEORGE HOLDING, North Carolina BRADLEY S. -
U.S.-Vietnam Relations in 2011: Current Issues and Implications for U.S
U.S.-Vietnam Relations in 2011: Current Issues and Implications for U.S. Policy Mark E. Manyin Specialist in Asian Affairs July 26, 2011 Congressional Research Service 7-5700 www.crs.gov R40208 CRS Report for Congress Prepared for Members and Committees of Congress U.S.-Vietnam Relations in 2011: Current Issues and Implications for U.S. Policy Summary After communist North Vietnam’s victory over U.S.-backed South Vietnam in 1975, the United States and Vietnam had minimal relations until the mid-1990s. Since the establishment of diplomatic relations in 1995, overlapping security and economic interests have led the two sides to begin to form a strategic partnership of sorts. In 2010, the Obama Administration indicated its intent to take relations to “the next level,” and cooperated with Vietnam to coordinate a multi- country diplomatic push back against perceived Chinese encroachment in the South China Sea. In the United States, voices favoring improved relations have included those reflecting U.S. business interests in Vietnam’s reforming economy and U.S. strategic interests in expanding cooperation with a populous country—Vietnam has 88 million people—that has an ambivalent relationship with China and that is asserting itself on the regional stage. Others argue that improvements in bilateral relations should be conditioned upon Vietnam’s authoritarian government improving its record on human rights. The population of more than 1 million Vietnamese-Americans, as well as legacies of the Vietnam War, also drive continued U.S. interest. Vietnamese leaders have sought to upgrade relations with the United States in part due to the desire for continued access to the U.S. -
6. Mapping Civil Society in Vietnam 37 7
CIVICUS CIVIL SOCIETY INDEX SHORTENED ASSESSMENT TOOL CSI-SAT VIETNAM THE EMERGING CIVIL SOCIETY AN INITIAL ASSESSMENT OF CIVIL SOCIETY IN VIETNAM Structure 3 2 1.6 1 1.7 1.4 Values 0 Environment 1.2 Impact CIVICUS CIVIL SOCIETY INDEX SHORTENED ASSESSMENT TOOL CSI-SAT Vietnam THE EMERGING CIVIL SOCIETY AN INITIAL ASSESSMENT OF CIVIL SOCIETY IN VIETNAM Edited by Irene Norlund, International Coordinator Dang Ngoc Dinh, National Coordinator Bach Tan Sinh Chu Dung Dang Ngoc Quang Do Bich Diem Nguyen Manh Cuong Tang The Cuong Vu Chi Mai Hanoi, March 2006 FOREWORD Globally, civil society organizations are playing an increasingly important role in the guts and efforts to achieve the Millennium Development Goals on poverty reduction (MDGs). The organizations have been working alongside with governments in activities pertaining to the goals on poverty reduction, empowerment of women, increased transparency, and notably to encouraging people’s participation in decision-making and policy implementation. In Vietnam, as the Doimoi process moves forward, a wide range of civil society organizations have been established and tremendously developed. The people’s participation in the development process has been increasingly enhanced. However, substantial researches on civil society currently need to be conducted so as to clarify its roles, position and policies to encourage the people’s active participation, thus contributing to the socio- economic development of the country. Under the support from the UNDP, SNV and CIVICUS and the cooperation with local and international research institutes and experts, in 2005, the Vietnam Institute of Development Studies (VIDS) carried out the project titled “Civil Society Index - Shortened Assessment Tool in Vietnam”. -
Ho Chi Minh's Thought on Human Rights
International Journal of Humanities Social Sciences and Education (IJHSSE) Volume 7, Issue 3, March 2020, PP 73-79 ISSN 2349-0373 (Print) & ISSN 2349-0381 (Online) http://dx.doi.org/10.20431/2349-0381.0703009 www.arcjournals.org Ho Chi Minh’s Thought on Human Rights Dinh Van Chi* Faculty of Public relations and Social work, Ho Chi Minh City Cadre Academy, Ho Chi Minh City, Vietnam *Corresponding Author: Dinh Van Chi, Faculty of Public relations and Social work, Ho Chi Minh City Cadre Academy, Ho Chi Minh City, Vietnam Abstract: Human rights are apparent and undeniable. In Vietnam, President Ho Chi Minh has made great contribution to the theory of human rights. This paper aims at analyze Ho Chi Minh’s thought on human rights and the application of Ho Chi Minh's viewpoints on human rights in building and defending the Fatherland of our Party and State. The author also suggested some solutions to ensure the implementation of human rights in Vietnam Keywords: human rights, Ho Chi Minh’s thought, national rights, freedom, happiness. 1. INTRODUCTION Building and defending the Socialist Republic of Vietnam are the strategic tasks of the Vietnamese revolutions. In the context of internationalization, globalization and complex situation, Western countries and hostile forces do not give up the intention to oppose socialist countries and implement the conspiracy "peaceful evolution”, taking advantage of the guise of democracy and human rights to fight against the revolution, infringing upon the right of self-determination of our people. Therefore, in Vietnam today, Ho Chi Minh's thought on human rights is enlightening and guiding the awareness and practical actions of our Party and State in the struggle to criticize the wrong allegations on human rights as well as in protecting, promoting and guaranteeing human rights. -
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Current International Legal Issues: Vietnam Trinh Hai Yen* and Ton Nu Thanh Binh** 1 Introduction With the foreign policy of independence, self-reliance, peace, cooperation and development, Vietnam has been actively participating in the international le- gal system since Doi Moi (Renovation) in 1986. International law plays an im- portant role in protecting sovereignty, territorial integrity, peace, security and cooperation. This article aims to introduce some of the most significant inter- national law issues that Vietnam is currently facing and how they are being applied in practice. They are issues pertaining to the law of the sea, investment and trade law, human rights, and diplomatic protection of citizens abroad. 2 Law of the Sea Vietnam, with 3,444 km of coastline, is surrounded by the South China Sea to the east, the south and the southwest. The latter is widely known as home to most maritime disputes in the Asia Pacific region, due to its geopolitical loca- tion and abundant resources. The South China Sea serves as the sea route for more than half of global trade and the majority of oil imports from the Middle East to China, Japan and South Korea, while providing 12% of global fish prod- ucts, which greatly contributes to food security and economic development of China, Vietnam and the Philippines,1 as well as non-living resources that are essential for the energy needs of industrializing countries like China.2 Situated at the center of South East Asia, Vietnam is a key stakeholder in maritime dis- putes over the South China Sea. Issues pertaining to the Law of the Sea are therefore a critical concern for Vietnam, not only for the protection of national sovereignty and territorial integrity, but also for the maintenance of peace and * Faculty of International Law, Diplomatic Academy of Vietnam. -
Reparations to Victims of Gross Human Rights Violations: the Case of Cambodia
REPARATIONS TO VICTIMS OF GROSS HUMAN RIGHTS VIOLATIONS: THE CASE OF CAMBODIA * HAO DUY PHAN The world community has introduced various legal instruments regarding reparations for gross violations of human rights. In Cambodia, however, reparations for those seriously and systematically deprived of their rights by the Khmer Rouge regime remain an unresolved issue, even after the establishment of the Extraordinary Chambers in the Courts of Cambodia for the Prosecution of Crimes Committed during the Period of Democratic Kampuchea. In so complicated a case as Cambodia’s, there are many questions regarding the reparations issue that are left unanswered. This Article examines the issue and offers some recommendations for a feasible and effective reparation program for the Khmer Rouge’s victims. I. INTRODUCTION .......................................................................... 277 II. OBLIGATIONS TO PROVIDE REPARATIONS TO THE VICTIMS OF THE KHMER ROUGE ..................................................................................... 279 III. A STATE OF INACTION ............................................................... 284 IV. POTENTIAL RECIPIENTS OF REPARATION .................................. 288 V. MOST LIKELY FORMS OF REPARATIONS ................................... 290 VI. HOW COMPENSATION SHOULD BE MADE ................................. 291 VII. CONCLUSION .............................................................................. 297 I. INTRODUCTION On April 17, 1975, two weeks before the fall of Saigon, Phnom Penh fell to the Khmer Rouge’s control, marking the start of the dark history of the “Killing Fields.” The Khmer Rouge regime launched a campaign to create a “clean social system” through which it massively abused human rights, forcing as many as three million people to evacuate the * Hao Duy Phan holds an S.J.D. from American University Washington College of Law. He has been a Research Fellow at the Institute of Southeast Asian Studies, Singapore and the East-West Center in Washington D.C. -
Global Justice.Indd
Chapter 12 Creating a Human Rights Culture: The Role of Local Knowledge in Cambodia’s Difficult Transition Stephen P. Marks 1 INTRODUCTION Few issues in international affairs and in the history of political thought provoke as much speculation and argument as the applicability of universal human rights in diverse political cultures. The debate raises complex philosophical and political issues regarding the relative influence of indigenous and exogenous factors in cre- ating a human rights culture and the interface of universalism and local knowledge in human rights. The universalists argue that human rights belong by definition to people every- where, and rights deprivation in a given society may properly be remedied through intrusive efforts from abroad, ranging from cajoling through naming and sham- ing to coercion through armed intervention. At the other extreme is the cultural relativist position, according to which each society determines for itself how best to govern in light of its own traditions and any questioning of internal self-deter- mination by imposing or suggesting the relevance of the human rights paradigm is a form of cultural imperialism. Even if we recognize that cultures generally share core values and that these values evolve into rights discourse, we may question whether and to what extent the Enlightenment philosophy and the liberal political theory, a direct ancestor to the current panoply of international human rights instruments, constitutes an 1 The author wishes to acknowledge with appreciation the research assistance of Matthew Easton. Some of the facts cited here have appeared in previously published articles by the author in “The New Cambodian Constitution: From Civil War to a Fragile Democracy,” 26 Columbia Human Rights Law Review (1994) 45 and “Elusive Justice for the Victims of the Khmer Rouge,” 52 Journal of International Affairs (1999) 691. -
VIETNAM: ASSAULT on CIVIL SOCIETY CONTINUES UNABATED Briefing Paper for the 9Th EU-Vietnam Human Rights Dialogue (Hanoi, 19 February 2020)
FIDH - International Federation for Human Rights and its member organization for Vietnam Vietnam Committee on Human Rights (VCHR) VIETNAM: ASSAULT ON CIVIL SOCIETY CONTINUES UNABATED Briefing paper for the 9th EU-Vietnam human rights dialogue (Hanoi, 19 February 2020) 17 February 2020 Human rights violations reach a peak in Vietnam in 2019 Over the past year, Vietnam’s human rights situation has remained abysmal. The country holds more than 200 political prisoners.1 It ranked near the bottom of Reporters Without Borders’ 2019 World Press Freedom Index (176th out of 180 countries surveyed)2 and Freedom House’s Freedom on the Net 2019 (61st out of 65 countries surveyed).3 It was also considered the world’s sixth most-censored nation according to the Committee to Protect Journalists (CPJ).4 It remained rated ‘Not Free’ by Freedom House’s Freedom in the World 2019 with regard to the situation of political rights and civil liberties.5 In 2019, two important UN human rights reviews of Vietnam underscored Hanoi’s ongoing failure to address key human rights issues. In March 2019, during the review of Vietnam’s first periodic report on its implementation of the International Covenant on Civil and Political Rights (ICCPR), the UN Human Rights Committee observed that 35 years after Vietnam’s accession to the ICCPR, there remained an “incompatibility between the domestic legal framework and the Covenant” and “overly broad restrictions on the Covenant rights, including, on the basis of national security.” In January 2019, during Vietnam’s third Universal