DIRECTORATE-GENERAL FOR EXTERNAL POLICIES OF THE UNION DIRECTORATE B

- POLICY DEPARTMENT -

NOTICE TO MEMBERS

Hearing on Cambodia, and

Abstract:

Members will find attached, factsheets concerning Cambodia, Laos and Vietnam.

DGExPo/B/PolDep/Note/2005_ 198 29/08/2005]

PE N° 362572 EN

This note was requested by the European Parliament's subcommittee on

This paper is published in the following languages: English

Author: Xavier Nuttin

Manuscript completed in August 2005

Copies can be obtained through: E-mail: [email protected]

Brussels, European Parliament, 29/08/2005

The opinions expressed in this document are the sole responsibility of the author and do not necessarily represent the official position of the European Parliament.

2 KINGDOM OF CAMBODIA

Capital: Phnom Penh Surface: 176,520 sq km Population: 13.6m (2005 estimate) Head of State: King Norodom Sihamoni (Named king in October 2004, following his father's abdication) Head of Government: Hun Sen (Prime Minister since 1985) GDP growth rate: 6 % (2004) GDP Per Capita in US$: 347 (2004)

Institutional Situation

Constitutional system The fall of Phnom Penh to the Khmer Rouge on 17 April 1975 saw the end of the Khmer Republic presided by general Lon Nol . The Khmer Rouge remained in control till January 1979 when Vietnamese forces invaded the country and installed the Khmer People's Revolutionary Party. By 1982 a government including the royalist FUNCINPEC party had been formed in exile, but it was not until 1989 that Vietnamese forces left the country. The signing of the Paris Peace Agreements in October 1991 launched a process of reconstruction and transition towards democracy and a market economy in Cambodia, after two decades of conflict and civil war. This process, which was backed by a UN presence until the first national elections in May 1993 (which marked the start of the current political system), facilitated the foundation of a constitutional monarchy with King Norodom Sihanouk as head of State, and led to the establishment of a power-sharing government formed by the royalist FUNCINPEC party and the Cambodian People’s Party (CPP).

Two co-prime ministers were appointed: Prince Ranariddh of the FUNCINPEC party and Hun Sen of the CPP. The process came to a halt in July 1997 when First Prime Minister Prince Ranariddh was ousted after armed clashes between the two main parties of the Government.

The national elections in July 1998 resulted in a National Assembly composed of 3 parties: CPP, FUNCINPEC and the Sam Rainsy Party (SRP). This led to a new coalition government between CPP and FUNCINPEC in late November 1998, based on a common political programme. After the 1998 elections, the government decided to create the Senate, whose members were appointed by the political parties present in the National Assembly and by the King. The first ever communal elections took place in February 2002 as part of the government’s decentralisation policy. The latest elections for the National Assembly were organised in July 2003. Under the 1993 constitution, Cambodia is a constitutional monarchy based on the principles of liberal democracy and pluralism.

Head of State. The monarch is the head of state and is selected by the Royal Throne Council from among descendants of the three royal lines. The king serves as head of state for life, though exercises no real power, acting more as a symbol of unity. The monarch appoints the prime minister on the recommendation of the chairman of the National Assembly. King Norodom Sihanouk returned to PNP in 1993 and was reinstalled as King. He abdicated in October 2004 claiming poor health and was replaced by one of his sons, Prince Norodom Sihamoni.

Parliament Legislative power resides in parliament, which consists of a 123-seat National Assembly chaired by Prince Ranariddh from the FUNCIPEC, and a 61-member Senate chaired by Chea Sim from the CPP. Members of the former are elected for five-year terms under direct and universal suffrage, whilst members of the latter are appointed. The Senate was formed in March 1999, though it is not very powerful and the Assembly can reject its recommendations. Indirect elections for a new Senate are proposed for January 2007. Nationwide local elections are scheduled for 2007 and legislative elections for 2008.

3 Justice Sector The judiciary comprises three tiers. At its apex is the Supreme Court, under which is the Appeals Court and below this, the Trial Court. The Supreme Council of the Magistracy, headed by the king, deals with court appointments. There are not more than a handful of judges that have formal legal qualifications (the KR killed virtually a entire generation of educated people) and the court system is inadequately funded. Lack of resources, low salaries and poor training all contribute to a high level of corruption and inefficiency in the judiciary and consequently a notable failure to ensure due process. The Royal Government of Cambodia (RGC) Judicial Reform Council has made no significant progress in fulfilling its mandate to develop and implement reform measures. There is a clear need for further encouragement to the RGC to speed up the implementation of legal and judicial reform (including a clear separation of powers) as a matter of priority.

Political Context

General Political Climate Following elections in July 2003, the political landscape experienced months of uncertainty until a government was finally formed in June 2004. The Cambodian People's Party (CPP) has traditionally wielded power, albeit latterly more as a coalition, with Prime Minister Hun Sen, who has been in power since 1985, exercising effective control. Following the election, the two other main parties, the royalist FUNCINPEC and the Sam Rainsy Party (SRP), called for a tripartite government but discussions ultimately floundered. Instead, the CPP regained its dominant position in a coalition with former partner FUNCINPEC. Since elections in 1998, Cambodia has enjoyed its most stable political period in three decades. About half of the state budget is provided through aid from the international community. Despite huge difficulties linked to insecurity, a culture of impunity and widespread corruption, prospects for political consolidation and gradual democratisation are good.

The Government has published in May 2005 a strategy for Deconcentration and Decentralisation, to be implemented by the end of 2007, which aims to create elected Provincial and District Councils, as well as to devolve the management of public services to the local levels.

Parliamentary elections July 2003 The elections were observed by an EU election observation mission which concluded that the elections were well conducted but that there was still some way to go to full democracy. None of the main parties could secure the majority required to form a Government . FUNCINPEC and the SRP decided to form an alliance in an attempt to force the CPP to accept a tripartite government. The move failed and following protracted discussions FUNCINPEC allied once again with the CPP. . As part of their power-sharing deal, the CPP and FUNCIPEC created a massively expanded government, twice the size of the previous mandate. From the elections it took 11 months to reach a political agreement and decide on the government's composition. which is comprised of 7 deputy prime ministers, 15 senior ministers, 28 ministers, 135 secretaries of state and some 146 undersecretaries of state. The Sam Rainsy Party (SRP) again finds itself in opposition, but with just 24 seats (out of a parliamentary total of 123), is likely to pose little threat to the government. Instead, internal divisions may well create more problems for the ruling coalition, with tensions evident between the CPP (73 seats) and FUNCINPEC (26 seats).

Political Parties Cambodian People's Party (CPP): The reformulated Kampuchean People's Revolutionary Party (KPRP), which was installed in government by the Vietnamese in 1979 is led by Prime Minister Hun Sen. The CPP is the largest party in the National Assembly. However, its inability to obtain a full majority forced it into securing a coalition government with FUNCINPEC. The party has an extensive web of village-level organisation and this contributes to create an environment for the political campaigning largely favourable to CPP.

4 FUNCINPEC (National United Front for an Independent, Neutral, Peaceful and Co-operative Cambodia): Founded in 1978 in opposition to the Vietnamese-backed KPRP. Led by Prince Norodom Ranariddh and strongly aligned with the monarchy, FUNCINPEC has been in gradual decline, seeing its share of votes reduced to 20% in the 2003 elections. The party is rife with factionalism, following the decision by several members to remain in government after Ranariddh was ousted by Hun Sen in July 1997. Two breakaway factions broke ranks in mid-2002. The Sam Rainsy Party (SRP) is the only opposition party in the National Assembly, led by former economy and finance minister and ex-FUNCINPEC member Sam Rainsy. Formed in 1995 in vocal opposition to the government, the party maintains its antagonistic stance, particularly towards the CPP. Policies rest on a platform of anti-corruption, accountable government and development, and the party has progressively increased its share of votes, although it is still a long way away from posing a serious challenge to CPP rule.

Relations between the EU and Cambodia

Co-operation Agreement: An EC-Cambodia Co-operation Agreement was signed in April in 1997, entering into force on 1 November 1999. Art.1 reiterates that respect for the democratic principles and fundamental human rights are essential elements of the Agreement. Furthermore, since early 2001 Cambodia benefits from the EU’s Everything But Arms (EBA) initiative, which grants duty-free and quota-free access for all exports (except arms) originating from Cambodia. Cambodia is also party to the EC-ASEAN Agreement of 1980. EC-Cambodia relations were further enhanced with the opening of an EC Delegation in Phnom Penh at the beginning of 2002.

EU approach to human-rights related issues (source : EC Delegation to Cambodia)

The European Commission is supporting six human rights projects in Cambodia under the EIDHR, with a total grant aid of over € 2.7 million, including three projects by Cambodian NGOs (ADHOC, the NGO Forum and he Women's Media centre) that were successful under the first local Call for Proposals under the Micro-Projects Programme last year. The second call for proposals has been launched on 29 May 2005. The Delegation is scheduling to launch another micro projects programme call for proposals in late 2005 or early 2006.

Assistance is also being provided under Asia Wide Programmes to support the democratic development of local government and to promote freedom of information legislation.

EU cooperation with Cambodia (source : EC)

Since 1994 the focus of EC aid has been on rural development, primary education, institutional support and human rights. Specific support has been provided for the health sector in the field of malaria control and the care and prevention of sexually transmitted diseases (STDs). Several actions for demining have also received EC funding. Other, non-programmable humanitarian assistance has been given through the European Community Humanitarian Office (ECHO) and the NGO co-financing initiative. In addition, the Commission contributed € 10.75 million to the electoral process in 1998 and more than € 4,5 million to the holding of the Communal Elections in early 2002. The EU also supported the July 2003 elections to the National Assembly through the fielding of an EU Election Observation Mission comprising more than 130 observers.

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On 15 May 2002, the European Commission earmarked an amount of € 68,7 million for Cambodia to finance activities outlined in the Country Strategy Paper (CSP) in the three year period 2002-2004. The specific priority sectors agreed for the years 2002-2004 are Rural Development, Social Sector and Trade Sector Development. Specific co-operation on the cross-cutting themes of governance and democratisation, including support to the on-going decentralisation process in Cambodia, is also planned. In addition, synergies between the whole range of programmes available to Cambodia, including Human Rights, HIV Aids and NGO co-financing, will be sought. For the period 2005-2006 , a budget of € 29,3 million is foreseen.

Total aid of the European Community and the Member States from 1992 to date is close to € 1 billion (of which € 320 million from the EC).

European Parliament There have been numerous EP resolutions involving Cambodia in recent years.

- A 10 March 2005 resolution raised concern about the 3 February 2005 Cambodian National Assembly's lifting of parliamentary immunity (from criminal prosecution) of three members belonging to the opposition Sam Rainsy Party. The EP noted that the Cambodian vote was taken by a show of hands, in violation of the Cambodian National Assembly's own regulations and procedures, and that it was taken behind closed doors after journalists and diplomats had been asked to step out of the assembly hall, and that the minutes of the session were not made public. EP demands included the immediate and unconditional release of Cheam Channy, who should not, as a civilian, be subject to military jurisdiction. The EP also called on the Commission, the Council and the Member States to raise such issues with the Cambodian government and to consider imposing appropriate sanctions if the National Assembly and the government of Cambodia did not reverse their actions.

- A 13 January 2005 resolution on the trafficking of women and children in Cambodia dealt with the issue of violence targeted at those who seek to prevent trafficking and condemned the attack on a shelter for victims of human trafficking operated by the Association 'Agir Pour les Femmes en Situation Précaire' (AFESIP). Parliament welcomed the decision of the Government of Cambodia to establish an interministerial committee, including representatives of NGOs, to further investigate and personally interview the women concerned.

- A 12 February 2004 resolution on Cambodia dealt largely with the of trade union activist Chea Vichea and the lack of police success in the subsequent investigation. A 3 July 2003 resolution raised concern at potential electoral abuses, while the 13 March 2003 resolution also touched on the issue of electoral fraud, as well as condemning more general rights abuses and the closure of the border with . In the latter resolution, Parliament called on the Commission to send the message, that, in order for the elections to be considered free, fair and democratic, the lives of opposition leaders must be safeguarded, failing which the cooperation agreement with the EU would be cancelled.

- Earlier resolutions, such as that on 11 April 2002, condemned the handling of Vietnamese refugees in Cambodia.

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Media and Freedom of Expression

Reporters without borders - 3rd annual worldwide index of press freedom (Oct. 2004): Cambodia 109th of 167

General Situation The government is keen to bill Cambodia as having the world's most diverse press, with a plethora independent newspapers, radio and TV stations. Yet the government and opposition parties have close links with much of the mass media outlets in Khmer language . English speaking (Phnom Penh Post, Cambodia Daily) or French speaking (Cambodge Soir) newspapers also report on the local situation. Thai TV was banned in 2003 following serious Thai-Cambodian friction over alleged nationalistic comments by a Thai actress. The Cambodian press later questioned its own role in the ensuing anti-Thai violence.

Individual Cases - examples

Three SRP members lost their parliamentary impunity on 3 February 2005 following a hastily decided vote from the National Assembly (see above EP Resolutions). One of them, Cheam Channy, was immediately arrested. Sam Rainsy and Chea Poch fled the country. Two defamation suits have been filed against the leader of the SRP, one by Prince Ranariddh and one by Prime Minister Hun Sen. Six months after the decision taken by the N.A. it seems that procedure against Sam Rainsy has not progressed .On the other hand, on 9th August , Cheam Channy was sentenced to seven years in jail as he was found guilty by a military court of charges of sedition and fraud. The verdict was condemned by HRW who accuses the Government to use a politicised judiciary as a tool to silence the opposition. The Cambodian Human Rights Action Committee (CHRAC) as well as the Cambodia Office of the UN High Commissioner for Human Rights noted that there was a lack of adequate evidence to support the charges and observed many procedural violations. Following the military court's decision, Chea Poch is reported to have returned to Cambodia on 15 August.

At the same trial, Khom Piseth , another SRP member who has been given asylum in Norway was sentenced to 5 years imprisonment on the same charges.

In a declaration diffused on 22 August on behalf of the European Union, the British Presidency has asserted that, “The European Union regrets the way in which the trial of Sam Rainsy Party opposition members Cheam Channy and Khom Piseth was conducted, and the verdict passed on them by a military tribunal in Phnom Penh on 9 August, following charges of organised crime (recruiting an illegal armed force) and fraud. The credibility of the verdict has been seriously flawed by the military tribunal's non- observance of a number of the defendants' legal rights. The European Union is also concerned about the lack of an effectively functioning judiciary in Cambodia and any politicisation of the armed forces, and attaches importance to the clear separation of powers, to the independence of the judiciary and to the absence of any political interference in the judiciary and the armed forces. We note that Cheam Channy and Khom Piseth can lodge an appeal at the civil appeal court and ask His Majesty the King and Head of State for a pardon. The European Union urges the political leadership of Cambodia to allow all political parties to operate without hindrance or intimidation. The European Union expresses the hope that, in the interest of a harmonious national development, all political leaders will recognise their duty to perform their respective functions according to the law and in a constructive way. The European Union will continue to closely follow the situation”.

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Human rights

Death penalty: abolished for all crimes International Criminal Court: Signatory to the Rome statute, 11 April 2002 (a Bilateral Immunity Agreement has also been signed with the USA) Convenants of 1966: ratified Women's Convention: the Convention on the elimination of all forms of discrimination against women has been signed but not yet ratified.

General situation

Cambodia is one of only two Asian countries where the UNHCHR (UN High Commissioner for Human Rights) has established an office. The UNCOHCHR opened in 1993 after the end of the UNTAC period. It reports regularly and makes recommendations to the High Commissioner for Human Rights. It also assists the Special Representative of the UN Secretary-General for when he is on mission in the country.

Main issues (Source : - Report 2005 - The state of the world's human rights and EC Delegation to Cambodia)

Impunity Concerns remained about the weak and corrupt judicial system combined with the inadequacy of the police. Cambodian courts are subject to influence and interference by the executive branch, leading to accusations that some prosecutions are politically motivated and therefore construed as a form of political intimidation. High-profile cases were marked by a failure to adhere to procedures laid down in national law and international standards. Many politically motivated killings (particularly of supporters of the SRP) from previous years remained unresolved and there was an alarming increase in mob killings of suspected thieves for which no one was brought to justice.

Chea Vichea, the internationally renowned former head of Cambodia's Free trade Union of Workers and known supporter of the Sam Rainsy Party, was shot and killed on 22 January 2004. The investigation into his murder has been marked by judicial irregularities and was concluded on 1st August by the Phnom Penh Municipal Court's guilty verdict for the two suspects who were each sentenced to 20 years in prison. The Cambodian Human Rights Action Committee (CHRAC) has issued a statement considering the verdict as unfair and based on political bias rather than on independent and reasonable judgement. The CHRAC appeals to the police to continue searching for the real killers. The verdict has also been criticised by ex-King Norodom Sihanouk. Furthermore, the Observatory for the Protection of Human Rights Defenders ( a joint programme of the FIDH and OMCT) and the Office of the UN High Commissioner for Human Rights in Cambodia have denounced the outcome of the trial.

Corruption is widespread and has hindered the delivery of public services and the development of the private sector. Salaries of civil servants have been abysmally low, (far below the level needed for basis subsistence, forcing “honest” civil to take additional employment and encouraging rent-seeking behaviour by the rest). The Government has just announced a new round of salary increases for the civil service, including more generous awards for senior officials, but more increases will be needed to establish appropriate salary levels for all civil servants. The Army is still powerful. The size of the army is estimated to be large compared to the needs. (It may be recalled that the fusion of the warring forces into the army was one of the elements of the post-Khmer Rouge era peace process). A demobilisation programme funded by the World Bank succeeded initially in identifying a significant number of “ghost” soldiers, but was so poorly administered that the Government was obliged to return a substantial part of the loan following evidence of corruption. Salaries in the army are at the same levels as the civil service before the latest increases. There is no widespread violence, but extortion, illegal logging and drug smuggling are considered to be sources of funding for the military.

8 Torture of prisoners in police custody was reported to be widespread. According to reports, no one accused of torture was successfully prosecuted in 2004.

Asylum-seekers When unrest started in Vietnam's Central Highlands in February 2001, the Cambodian Government initially refused to recognize the existence of those groups of people, all from ethnic minorities, which had crossed the border into Cambodia to seek refuge. It however later gave permission to the UNHCR to visit the region and provided them with temporary asylum. Those recognized as refugees by the UNHCR were permitted to leave Cambodia under UN auspices for third countries while others were forcibly returned to Vietnam. Further similar events took place during 2004 and there was recently an increase in new asylum-seekers from Vietnam (all of them Montagnards) resulting from tensions in the Vietnamese Central Highlands. Cambodian and Vietnamese police increased border cooperation which led to many newly arrived asylum-seekers in the border provinces of Ratanakiri and Mondolkiri being forcibly returned to Vietnam. reported that Cambodian police used excessive force on last July 20 when they forcibly deported 101 rejected Montagnard asylum seekers to Vietnam from a Phnom Penh refugee facility . They were part of a larger group who was in Cambodia since 2004. It said that the Montagnards could be at risk of further mistreatment in Vietnam, as there is no proper international monitoring system in place to ensure that Montagnard returnees are free from intimidation, detention or abuse by Vietnamese authorities. The signature of a trilateral agreement between Vietnam, Cambodia and the UNHCR in January 2005 has, however, confirmed the re-establishment of cooperation between the Government and the UNHCR, even if much attention is now focused on the situation of Montagnards not qualifying for refugee status and of those who have been accorded refugee status, but who are refusing resettlement outside Cambodia. It was reported that on the 5th of August a UNHCR international monitoring mission to Viet Nam's central highlands has found some of the Montagnards who returned or were deported from Cambodia, doing well at home – receiving assistance, job offers and training.

Khmer Rouge tribunal The Government passed in October 2004 final legislation allowing for the establishment of a criminal tribunal to bring to justice the remaining surviving senior leaders ( Pol Pot passed away in 1998) of the period of Khmer Rouge rule (1975-1979). Flaws remained which may threaten the integrity of the legal process. Concerns include the feasibility of the proposed “mixed” tribunal consisting of (11) Cambodian and (8) international judicial officials, and inadequate provision for victim and witness protection. No date has been set yet for the trial as funding of the tribunal is still inadequate. The UN Appeal for contributions of $43 million to the international costs of the Khmer Rouge Tribunal has virtually reached its target. The Cambodian Appeal for a further $10.8 million to cover the Cambodian costs has so far obtained no firm commitments and Prime Minister Hun Sen has very recently threaten to cancel the tribunal is no solution is soon found . A contribution of €1 million from the EC is in preparation. There are reports of possible contributions from the US and Japan.

Human beings trafficking

The Royal Government of Cambodia has recently taken a number of positive initiatives to address the problem including the signature of Memoranda of Understanding with Thailand on trafficking of women and children and on the management of migrant labour between the two countries, participation in the Co-ordinated Ministerial Initiative against Trafficking (COMMIT) and the establishment of a Department of Anti-Human Trafficking in the Ministry of Interior in 2002.

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But the practical realities and the evident difficulty of implementing these measures have been highlighted by the recent events involving the NGO AFESIP, which has received support from Spain, the UK and the Commission ( see also EP Resolutions) . 91 women and girls who were removed from the Chai Hour II Hotel on 7 December 2004 by the Department of Anti-Human Trafficking and Juvenile Protection and had been placed under the care of AFESIP were removed from the centre on the 8 December by a raid. Local EU HoMs reacted immediately with a statement, calling for a full investigation and for the perpetrators to be brought to justice. The US also reacted strongly. On 12 December, the Government announced the establishment of an inter-Departmental Commission to enquire into the events. Diplomatic missions and NGO representatives were invited to participate in the enquiry, but did not take up the invitation because of lack of confidence in an official enquiry, which eventually found that there was no involvement of police or other officials and no weapons present during the raid.

29 August 2005

LAO PDR

Capital: Surface: 236,800 sq km Population: 6.2m (2005 estimate) Head of State: General Khamtay Siphandone (since February 1998) Head of Government: Bounyang Vorachit (Prime Minister since March 2001) Unemployment rate: 5-6% (2003 government estimate) GDP growth rate: 6.51% (2004) GDP Per Capita in US$: 370 (2004)

Institutional Situation

Constitutional system A constitutional monarchy (established in 1947) was abolished in 1975, since when the country has been ruled as a one-party Marxist-Leninist republic under the dominant Laos People's Revolutionary Party (LPRP). The current constitution was drawn up in 1991. All political institutions come under the aegis of the LPRP, with most power vested in the 11-member Politburo. The Politburo is elected by the Party Congress of the LPRP, which convenes every five years. The highest ranking Politburo member is the state and party president. The Council of Ministers, at present representing 14 ministries, serves as the cabinet.

Head of State The president, General Khamtay Siphandone , as head of state (appointed for five years), has the power to appoint or dismiss the prime minister and the government, with the approval of the National Assembly. Daily running of government is entrusted to the prime minister.

Parliament A nominal legislature exists in the form of the unicameral National Assembly (Sapha Heng Xat). The election of its 109 members is controlled by the LPRP-sponsored Lao Front for National Reconstruction (LFNR) - an umbrella group for peasant associations, trade unions and religious groups - and although the members are elected by universal suffrage every five years, voters can therefore only choose from a list that has already been approved. The power of the National Assembly was expanded to some degree under the 1991 constitution. The National Assembly meets twice a year, and is responsible for approving proposed legislation; however, the issuance of binding decrees remains the prerogative of the executive. The National Assembly is slowly strengthening and is permitted a certain freedom of expression.

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Justice Sector There are no safeguards in place to protect the judiciary's independence and the right to a defense in court is practically unheard of. Instead, the constitution empowers the National Assembly to appoint or remove the president of the Supreme People's Court, while the National Assembly's Standing Committee appoints and removes judges at all levels. The Bar is not independent and judges are inadequately trained. The legal system is in need of reform. Laos has only some 57 laws, many of which are outdated and hardly enforced

Political Context

General Political Climate The country looks politically stable into the medium term, due to the dominance of the 's Revolutionary Party and the lack of an organised opposition, or independent civil groups. A low-intensity guerrilla war and internal divisions within the ruling party do not significantly affect the overall climate. Local non-governmental organizations do not exist apart from some small, very low profile, “not for profit” organizations. Mass organizations such as the Lao Women’s Union and the Lao Front for National Reconstruction are all state controlled. The current leadership is set to continue its cautious approach to economic reform, while trying to maintain tight political control. In 1997 Lao PDR became a member of the Association of Southeast Asian Nations (ASEAN).

Parliamentary elections 2002 Elections were scheduled for 2003, but the government brought them forward to 2002, under pressure from donors to introduce greater political and economic reform. In line with the country's growing population, the National Assembly's size was increased, to 109 seats. LPRP or LPRP-approved candidates took all the seats.

Political Parties Laos is a one-party state run by the Lao People's Revolutionary Party (LPRP). All other parties are proscribed. The LPRP, which emerged from the military Pathet Lao leadership, has been the dominant institution since 1975. Policy is formulated and implemented by the Politburo. The party has a membership roll of around 40,000. Against declining popular support for its socialist policies, the LPRP embarked on a programme of economic decentralisation although hardliners re-exerted their authority in the mid-1990s, when it was felt that the reformist line was becoming too powerful and allowing Thailand to increasingly dominate economic affairs. The party dominates every aspect of Lao political life, co-opting the entire administrative class. Central repression of autonomous groups and the intelligentsia has prevented the emergence of any organised opposition within the country, and poverty and a high rate of illiteracy will delay the development of any civil society. It is the expatriate groups - predominantly based in France and the United States - who currently offer the only form of opposition to the government.

Relations between the EU and Laos

Association Agreement: On 29 April 1997 the EC signed the Cooperation Agreement between the European Community and the Lao People's Democratic Republic. Art.1 reiterates that respect for the democratic principles and fundamental human rights are essential elements of the Agreement. Considering the importance of textiles for EU-Laos trade relations, the EC has concluded a textile agreement with the Lao PDR, which provisionally entered into force on 1st December 1998. Laos is also party to the EC-ASEAN framework. An EC Delegation was established in Vientiane in May 2003

11 EU approach to human-rights related issues (source : EC Delegation to Lao PDR )

Governance is identified as a cross-cutting issue of particular importance to the Lao PDR. The European Commission supports a project at the National assembly and a project in the field of the legal reform, notably the adoption and enforcement of international legislation. A project to promote freedom of expression and to support the development of journalism has been accepted by the Lao authorities and is now under preparation. The first meeting of the Working Group on institution building and administrative reform, governance and human rights was held in June 2005. Main topics discussed were decentralization, freedom of expression and EC-Lao PDR cooperation in the good governance sector. Discussions were open and the Government stressed its commitment to improving rule of law and human rights in particular. The Laos Country Strategy Paper 2007-2013, currently being drafted, consider activities to support the improvement of criminal justice system and activities linked to future meetings of the Working Group. EIDHR : there are no projects currently implemented under this initiative but a micro-project facility is under consideration

EU cooperation with Laos

EC co-operation activities with Lao PDR commenced in 1976 through modest direct technical assistance, but co-operation assistance effectively began in 1986 when diplomatic relations were first established. Projects focused mainly on rural development and irrigation activities consistent with the EC’s strategy of poverty alleviation and food security. Refugee repatriation, health care, emergency humanitarian assistance through ECHO, food aid and mine action operations have also featured as significant elements of EC support to Lao PDR.

On 15 May 2002, the European Commission adopted a five year strategy for its financial assistance to Lao PDR. At the same time, the Commission announced that over the next three years, 2002-2004, Euro 14 million have been earmarked for Laos to finance this strategy. The strategy has been prepared in consultation with the Government of the Lao PDR and EU Member States. Considering the poverty profile in the Lao PDR, rural development will remain the most important area of the EC assistance programme, together with the social sectors education and health; but there has been an increasing attention towards trade sector support (including support to Lao PDR accession to WTO, intellectual property rights and technical standards). The new cooperation programme for 2005 – 2006 comprises an indicative allocation of Euro 4 million; EC support will focus on the strengthening of Small and Medium size Enterprises.

European Parliament The EP in its 3 July 2003 resolution on the arrest of 2 European journalists , their interpreter and Laotian escorts called on the authorities of the Lao People's Democratic Republic to put an immediate end to the violations of the civil, political and human rights of the Laotian people. The Parliament believed that the Commission should examine the issue of continued permanent cooperation with the Laotian authorities. Other resolutions, such as 5 September 2002 on EU-Asia relations, 15 November 2001 on arbitrary arrests in Laos and 15 February 2001 on human rights in Laos also condemned the political and rights environment in that state.

Media and Freedom of Expression

Reporters without borders - 3rd annual worldwide index of press freedom (Oct. 2004): Laos 153rd of 167

12 General Situation The media is state-controlled. Self-censorship is usually the rule. Only the French- language weekly Le Rénovateur and the English-language weekly Vientiane Times dare to write the occasional piece about social and economic problems. Many Laotians have acquired the habit of watching Thai TV stations that can be received in border areas including the capital. Similarly, access to foreign media (TV, newspapers or radios such as Radio Free Asia and Radio France Internationale that broadcast in ) is not restricted. The foreign press has been prevented from covering the situation of the Hmong minority for years, especial the jungle groups that continue an insurgency.

Individual Cases - examples The government demonstrated some hostility to press freedom during the summit of the 10-member Association of South-East Asian Nations (ASEAN) held in Vientiane in 2004. Interior ministry agents visited thousands of homes beforehand and two Australian journalists were briefly detained by the security services as they were trying to take photos of an Australian-funded bridge over the Mekong river. Thao Moua and Pa Phue Khang, are still in prison in Vientiane for acting as guides in 2003 to Belgian journalist Thierry Falise and French cameraman Vincent Reynaud. They were sentenced on 30 June 2003 to prison terms ranging from 12 to 20 years for "obstructing justice" and "possession of arms."

Human rights

Death penalty: Sentences remain, mainly for drug offences; none carried out since the 1980s. International Criminal Court: Not yet party to the Rome statute but preparations for Laos's participation are underway. United Nations Convenants of 1966: Laos has signed in 2000 but not yet ratified the UN Covenant on Civil and Political Rights and the UN Covenant on Economic, Social and Cultural rights. Women's Convention: Laos has ratified the Convention on the elimination of all forms of discrimination against women.

General situation

The Government of Laos is starting to open up to discussions on human rights and has become active in the area of international law. Sweden has a set up an informal working group to exchange views and experiences on human rights and the EC had a meeting of its first working group on human rights and good governance this year (see above). At a recent bilateral meeting in July with Javier Solana in the context of the ASEAN post ministerial conference, the deputy Prime Minister and Foreign Minister spontaneously raised the EC-Laos human rights dialogue as the first topic. A new Human Rights division is being set up in the Ministry of Foreign Affairs.

Main issues (Sources : Amnesty International - Report 2005 - The state of the world's human rights ; Human rights Watch website and EC Delegation in Lao PDR)

Political prisoners and conditions in detention Sing Chanthakoummane and Pangtong Chokbengboun continued to be imprisoned at Prison Camp 7. They had been arrested in 1975 and detained without charge or trial for 17 years for “re-education” before being sentenced to life imprisonment after an unfair trial in 1992. They were believed to be the last two remaining prisoners detained at the end of the civil war after the establishment of the Lao People’s Democratic Republic. Two Lao former prisoners of conscience, Feng Sakchittaphong and Latsami Khamphoui. were released from prison in October 2004 having served a 14-year sentence for charges including "making preparations for rebellion" and "propaganda against the Lao People’s Democratic Republic". The Government refuses to discuss the situation of political prisoners with foreign diplomats.

Freedom of religious practice: altough control of individuals seems to be loosening gradually especially as the country opens up to trade and international influence, incidents of religious repression of evangelical Christians were reported. The majority of reports emanated from district level which seem to indicate that official government policy is not implemented uniformly.

13 Death penalty At least seven people, including one woman, were sentenced to death for drug-related offences. The total number of people on death row remained unclear. A number of offences remained punishable by the death penalty, but no executions were known to have been carried out .

Ethnic Hmong rebels : The ongoing internal armed conflict with ethnic Hmong minorities continues. The Hmong , representing around 7% of the population, were allied to the US during the Vietnam war. Following the fall of the former regime in 1975 a large number fled to Thailand and was then resettled abroad, mainly in the US. Those remaining in Laos have continued a limited armed resistance; there are indications that financial support from Hmong groups in the US was provided. The authorities continued to refuse unrestricted access by the international community to areas where the conflict continued but covert visits by international journalists to some of the rebel groups highlighted concerns about access to food and medicine. The Government offered amnesty to the rebels in 2003 and a number of rebels accepted the offer and were resettled. In 2004, an estimated 15% of the rebels (400 -500) also surrendered. People have continued to come out of the jungle gradually and in June 2005, 172 women, children and elderly people came out in Xieng Khouang Province. All reports appear to confirm good treatment of Hmong who surrender. There may be 2,000-3,000 people remaining in hiding.

The Government denies that there is a “Hmong problem” but acknowledges that there are “remote people looking for resettlement” and is willing to help them. Since an approach to this matter from a human rights perspective has not been productive, the EC and other concerned donors have approached this problem from a humanitarian angle. The EC continues to monitor the situation and is ready to help with humanitarian assistance if needed.

The Nam Theun 2 hydroelectric dam project : Disputes over whether the giant dam on the Nam Theun river should be built have been raging for 10 years. While the economic benefit of producing and selling electricity (to Thailand) has been estimated at about € 1.8 billion a year for 25 years, major delays have been experienced due to funding difficulties and negotiations with Thailand on the purchase of the electricity generated by the hydroelectric dam. However and beyond those economic issues , major controversies relating to human rights and environment have also developed : the resettlement of up to 6200 people whose homes are due to disappear under the 450 km square reservoir created by the dam , the loss through flooding of large areas of farm land badly needed by a largely rural population and adverse environmental impacts on biodiversity and fauna. The WB has finally approved in April 2005 the project which means that if construction were to start this year, electricity could be generated by 2009.

29 August 2005

VIETNAM

Capital: Surface: 325,360 sq km Population: 83.5 million (2005 estimate) Head of State: Tran Duc Luong (appointed President in September 1997) General Secretary of the Communist Party: Nong Duc Manh (chosen from the Politburo in April 2001) Head of Government: Phan Van Khai (Prime Minister since September 1997) GDP growth rate: 7.66% (2004) GDP Per Capita in US$: 549 (2004)

14

Institutional Situation

Constitutional system The current constitution dates from 1992. The Socialist Republic of Vietnam is a one-party state, run by the Communist Party of Vietnam (CPV). A proper separation of powers exists only pro forma, as the Communist Party controls all public organisations and political institutions. The CPV's executive is the 150-member Central Committee, elected by the Congress of all party members, which meets every five years (last in 2001). It includes i.a. senior army generals as well as leading business figures at the helm of state-owned enterprises (SOEs). The Central Committee is responsible for the formation of policy, while the government fulfils executive functions.

The Central Committee is responsible for electing the 15-member Politburo, which in turn elects the General Secretary of the CPV. The current General Secretary is Nong Duc Manh, who was elected to this position in April 2001. Several Central Committee and Politburo members also hold senior executive offices, including President Tran Duc Luong and Prime Minister Phan Van Khai. The general secretary, the president and the prime minister constitute a ruling triumvirate that wields most influence.

Head of State The president is the head of state, as well as commander-in-chief of the armed forces and chair of the National Defence and Security Council. He is a member of the Central Committee, which is the country's decision-making body, with the Politburo at its head.

Parliament A nominal legislature exists: the 498-member unicameral Quoc-Hoi (National Assembly). Candidates - pre-approved by an election committee - are elected by popular vote to serve five-year terms. Previously a rubber-stamping facility, the body has become more assertive since its powers were enhanced in 1991. The Standing Committee oversees affairs in between conventions of the assembly. The National Assembly, established by the Constitution of 1992, serves as the legislative branch of the Vietnamese state. It elects the President who in turns appoints the Prime Minister. The most recent National Assembly elections were held in May 2002 and saw the CPV take the majority of seats. However, this election lacked independent monitoring .

Justice Sector The Supreme Court is at the apex of the judiciary, and directs the work of the lower courts. The National Assembly, on the president's recommendation, elects the country's chief justice.

Political Context

General Political Climate Vietnam currently enjoys a high degree of political stability, as a result of the uncontested dominance of the Communist Party of Vietnam (CPV) which remains in full control of the political process. However, pro-market economic reforms are creating tensions with regard to the government's ideological position, and long-term legitimacy will depend on the CPV's ability to deliver economic growth. Rising discontent could force the ruling regime to reinforce its control, but the absence of any organised opposition groups negates the idea of upheaval. The 2001 CPV Congress saw a renewed push for national economic reform in Vietnam. The most recent Congress issued a 10-year socio-economic development strategy, which was followed in 2002 by the Government’s approval of the Comprehensive and Growth Strategy and the adoption of the Public Administration Reform Master Plan and an action plan for legal reform. Reforms continue, albeit at a slow pace, not least due to opposition by ‘conservative’ elements within Party and government. They are concentrated in the economic realm, and have so far touched the country’s system of political governance only at the margins. The most pressing challenges for Vietnam pertain to corruption, a lack of transparency, land issues and problems faced by ethnic and religious minority groups.

15 On the international front, Vietnam has substantially reshaped its foreign relations in recent years. The country has become an increasingly active member of ASEAN and actively engaging with its regional and non-regional partners through the ARF, APEC and ASEM.

On 7-9 October 2004, Vietnam successfully hosted the fifth ASEM Summit in Hanoi. The Summit marked the historic enlargement of ASEM to 39 members, including for the first time the ten new Member States of the EU, Cambodia, Laos and Burma/Myanmar. Vietnam has made good progress towards the establishment of a free market economy. The country’s economy has recovered remarkably from the Asian financial crisis and has achieved impressive growth in the years since which has not been accompanied by significant rights improvements.

Parliamentary elections 2002 The most recent elections for the National Assembly were held in 2002. Of the 498 seats available, self-nominated candidates secured three seats, 51 went to non-party candidates, and the rest went to individuals nominated by the CPV.

Political Parties The Communist Party of Vietnam represents the only legal political entity. Historically, the CPV has been inseparable from the state. In modern Vietnamese history the CPV has had an almost exclusive claim to represent the broader ideas of nationalism and patriotism. Founded by Ho Chi Minh in 1930, the CPV's membership has now stagnated at around 3% of the population. After the North's victory in 1975, the CPV ran the country with a high degree of ideological dogmatism, but the adoption of the Doi Moi ('renovation') programme in 1986 resulted in an increasing softening of doctrinal positions in both economic and foreign policy. Factionalism may cause problems for the ruling party from time to time, but this does not mean that the CPV's grip on power is generally under threat. The next – 10th – National Party Congress in mid-2006, will appoint a new political leadership and provide key policy orientations for the following 5 years. The Congress is likely to once again set the stage for disputes between ‘reformers’ and ‘conservatives’, a distinction that should however be taken with a grain of salt, since it refers mostly to differences over the best approach to ensure continued Party rule.

Relations between the EU and Vietnam

Agreements: The 1996 EC-Vietnam Cooperation Agreement was agreed in 1996. Art.1 reiterates that respect for the democratic principles and fundamental human rights are essential elements of the Agreement. On 1 May 1999 Vietnam acceded to the EC-ASEAN Agreement of 1980. On the margins of the ASEM Summit in Hanoi in October 2004, the EU and Vietnam finalised a bilateral trade agreement that is designed to facilitate Vietnam’s accession to the WTO

EU approach to human-rights related issues (source : EC Delegation to Viet-Nam)

The EU is raising its human rights concerns regularly and consistently at a number of levels and in various fora. These interactions channel EU concerns directly to the Vietnamese authorities in an open and constructive atmosphere, put steady pressure on Vietnam to be more transparent and accountable in its human rights policies, and have proven to be conducive in building confidence and engaging Vietnam on sensitive human rights issues..Relevant communication channels include: • political dialogue meetings at all levels, e.g. in Commissioner Ferrero Waldner’s May 2005 meeting with Foreign Minister Nien ; at the “Informal EU-Vietnam Leaders Meeting” in the margins of the ASEM Summit in Hanoi in October 2004; and in the meeting between President Prodi and the Secretary General of the Communist Party of Vietnam, Mr Nong Duc Manh, in February 2004; • interparliamentary dialogue, e.g. during National Assembly Chairman An’s visit to Brussels in March 2005 and in the margins of the March 2004 ASEP meeting in Hue;

16 • the dedicated EU-Vietnam human rights dialogue held twice a year between EU Troika Heads of Mission in Hanoi and the government of Vietnam, as well as in ad hoc Troika CFSP demarches; • the EC-Vietnam Joint Commission, as well as in the EC-Vietnam Sub-Group on “Cooperation in the Areas of Institutional Strengthening, Administrative Reform, Governance and Human Rights”, established under the 1995 EC-Vietnam cooperation agreement, and held for the first time in June 2005; this sub-group complements and reinforces the work of the EU-Vietnam human rights dialogue by seeking to identify areas of mutual interest, share experiences and conducting longer- term policy dialogue in these, as well as identifying suitable areas for EC-Vietnam cooperation projects and programmes; • EU Troika missions to the Central Highland and Northern Uplands, which take place around twice a year to monitor ethnic minorities issues and human rights concerns on the ground, convey EU concerns to local administrations, and promote greater transparency on these issues. • EIDHR : there are no projects currently implemented under this initiative but a micro-project facility will be established by end 2005

The EU complements dialogue on human rights-related issues through relevant technical cooperation actions funded by the EC and/or Member States. These include e.g. seminars on the UN Convention against Torture (November 2003) and on the death penalty (November 2004). The promotion of human rights and good governance moreover is a cross-cutting theme throughout EC-Vietnam cooperation, and as such is addressed by a number of EC programmes (see below), notably projects in upland areas addressing minority areas. Vietnam is also eligible for support under the European Initiative for Democracy and Human Rights (EIDHR); Vietnamese organisations can e.g. participate in ongoing calls for proposals relating to the death penalty, the prevention of torture and the ICC. The impending implementation of an EIDHR micro-project facility at the Delegation in Hanoi will allow the EC to reinforce its cooperation in the field of human rights with relevant Vietnamese organisations.

EU co-operation with Vietnam (source : EC )

The focus of EC-Vietnam cooperation has shifted away from refugee re-integration towards a joint strategy for development and economic cooperation under the 1996 EC-Vietnam Cooperation Agreement. This strategy aims to provide EC assistance to Vietnam’s ongoing market economy transition while helping mitigate the social costs of the transition.

The Country Strategy Paper for Vietnam the period 2002-2006 defined Vietnam's main challenges going forward as sustained poverty alleviation (especially of the rural poor), integrating Vietnam into the global economy, improving governance and enhancement of human rights and civil society participation in the decision making process. The CSP provides for an indicative assistance budget of € 162 million over this five year period.

Of this amount € 128 million has been programmed under the EC’s revised National Indicative Programme 2002 - 2004 for Vietnam. This programme focuses on human development and Vietnam's integration into the global economy. Allocations to the Poverty Reduction Support Credit) and for the setting up of a “Small Project Facility” are also foreseen.

The National Indicative Programme 2005 – 2006 has a total indicative budget of € 34 million and focuses on three priorities: Education (€ 16 – 18 million), Poverty Reduction (€ 14 – 16 million) and Institution Building, Administrative Reform, Governance and Human Rights (€ 1 – 2 million). Activities in support of institution building are specifically aimed at promoting activities emerging from the newly created EC-Vietnam sub-group “Co-operation in institution building, administrative reform, governance and human rights” under the EC-Vietnam Cooperation Agreement. (see above)

17 A good relationship with the EU is seen by Vietnam as an important element in its ‘multipolar’ view of foreign relations. Shored up by the EU’s position as Vietnam’s no. 1 trading partner and investor, as well as the largest provider of grant ODA, Vietnam-EU relations have reached a new high in recent months, despite disagreements over human rights issues (see below). An indication of the high and growing importance Vietnam is attaching to its ties with the EU is its official adoption, in June 2005, of a “master plan” on its present and future relations with the EU, the first such strategy ever on a particular bilateral relationship.

European Parliament

- The 20 November 2003 resolution condemned the repression of the religious freedom of the Unified Buddhist Church of Vietnam (UBCV) and the Montagnard ethnic minorities in Vietnam. - Likewise, an earlier resolution, 15 April 2003, on freedom of expression and religion in Vietnam, voiced Parliament's concern at the legal and policy restrictions on religious freedom and the withholding of official recognition from certain religious bodies such as the Unified Buddhist Church of Vietnam (UBCV), the Protestant "house churches" and the dissenting Hoa Hao and Cao Dai groups. It also condemned a number of arbitrary and political arrests. - An 11 April 2002 resolution focused on the persecution of indigenous minorities in Vietnam, especially the Montagnards of the Central Highlands. Parliament called on the Vietnamese Government to release unconditionally all persons in the Central Highlands who were being detained for peacefully expressing their political or religious beliefs, including protestant church activists and supporters of the highland independent movement. It also called on the EC to provide assistance to improve living conditions in the Central highlands . - The treatment of ethnic and religious minorities has also appeared since 1995 in numerous older resolutions regarding Vietnam.

Media and Freedom of Expression

Reporters without borders - 3rd annual worldwide index of press freedom (Oct. 2004): Vietnam 161st of 167

General Situation The media is state-dominated but continues to modernise. More liberal newspapers have been launched, but they are closely watched by the censors. The situation of freedom of expression and information, including press freedom, remains a cause for concern despite the fact that in 2004, some media were increasingly pushing the boundaries of media restrictions, which the government tolerated up to a certain limit on some issues. Many types of information that are public in most countries of the world are classified as confidential, secret or top secret in Vietnam. A raft of new Internet regulations were introduced to further control access to information, especially sites run by overseas Vietnamese opposition groups . also use the Internet to express themselves. As a result, cyber-dissidents have become a main target of repression in recent years. Another group of dissidents, composed of former CPV members or heroes of the liberation wars, may represent a more important challenge to the regime. It includes persons such as Ho Chi Minh’s bodyguard Tran Dung Tien who has publicly stated that “today’s Vietnam resembles the kind of system we fought against”. The reaction from the government is to present them either as traitors, or as well-intentioned but misled, and prefers to avoid publicity by placing them under house arrest.

Individual Cases - examples

European Commission representatives in Hanoi have on the 26th August been informed by the Ministry of Foreign Affairs in Hanoi that over 10.000 prisoners will be freed in the context of the Vietnam National Day (2/9) amnesty. Included are some prisoners who have long been of special concern to the EU. 18 - Nguyen Hong Quang, a Mennonite pastor from HCM City whose case has been raised repeatedly by the EC/EU with Government of Vietnam. Quang’s case has also received a lot of attention from Members of the European Parliament and westerns Human Rights groups;

- Nguyen Thien Phung, a Roman Catholic monk. Detained in June 1987 for a breach of public order. Sentenced in October 1987 to 20 years imprisonment for “spreading hostile propaganda against the Socialist Republic of Vietnam and sabotaging the national unity policy”;

- Tran Van Luong, According to the Ministry of Public Security, he used to be a major sergeant of the former Republic of Vietnam and after 1975 continued to head reactionary organisations to oppose the Vietnamese Government. Arrested on 9 December 1985 for distributing human rights leaflets. Sentenced to death by the HCMC People’s Court in 1988 for “attempting to overthrow the people’s government” (article 73, Criminal Code 1985). On 24 May 1989 the sentence was commuted to life imprisonment;

- Mua San So, a Hmong protestant from the North Western province of Lai Chau.

Human rights

Death penalty: In use International Criminal Court: Not party to Rome statute United Nations Convenants of 1966: Women's Convention: UN mission:

General situation

Vietnam places much emphasis on improvements in the field of economic and social rights, where impressive achievements have indeed been made since the start of the doi moi reform process. In the last ten years average incomes have doubled and the incidence of poverty has been halved (29% in 2002). Despite its still low GDP per capita, Vietnam’s performance in terms of human development has been favourable, and the country is largely on track to meet the Millennium Development Goals. However, a growing concern is the increasing poverty gap between the population in general and some ethnic minorities, notably in the Central Highlands and the Northern Uplands. In terms of civil and political rights, the general long-term trend also has been positive. The European Commission notes that the Government of Vietnam continues to show an increased openness to discuss human rights issues which seems to indicate that recent years' efforts to raise those issues in a non- confrontational manner are showing results However, respect for civil and political rights remains closely conditioned by Vietnam’s one-party communist system and the regime’s overriding priority to ensure its survival. Vietnam’s compliance with international standards and norms in this area continues to be a cause for concern. Recorded violations are in part reactions to real or perceived threats to one- party rule. In other cases, they result from excesses by local governments or individual officials made possible by insufficient supervision and control of administrative power. Vietnam continued to deny access to independent human rights monitors.

On the occasion of the visit to the USA of Prime Minister Phan Van Khai in June 2005 , Human Rights Watch has listed the following as key human rights problems in Vietnam : 1) controls over freedom of expression and the internet; 2) arrests of democracy activists and cyber-dissidents; 3) violations of the right to ; 4) arbitrary arrest ,mistreatment and torture , and unfair trials.

Main issues (Source : Amnesty International - Report 2005 - The state of the world's human rights and EC Delegation to Viet-Nam)

19 Central Highlands On 10 and 11 April 2004, there was a resurgence of unrest in Gia Lai and Dak Lal provinces of the Central Highlands. Most of the protesters were from ethnic minorities who protested about long-standing land ownership and religious freedom issues. Originally intended as peaceful, the demonstrations escalated causing the death of at least eight people ,according to international NGOs, and many hundreds injured. Between Easter and the end of 2004, it is reported that 750 Montagnard asylum- seekers fled to neighbouring Cambodia. At least 142 people have been sentenced to long prison terms since unrest started in February 2001 in Pleiku and Buon Ma Thuot cities. Resentment against the massive influx of Kinh people (ethnic vietnamese) in the Central Highlands may partly explain those troubles. Kinh people come from the northern provinces to work on large coffee plantations which are spreading in the highlands, flattening forests and taking over land that the Montagnards consider ancestral territory. Religion is also considered as being a point of contention as the Montagnards are loyal to the clandestine protestant Evangelical church which is supported by US-based congregations. Government restrictions on free access to the Central Highlands make it difficult to get a thorough understanding of the situation. Recently, the smooth implementation of the tripartite Memorandum of Understanding between UNHCR, Cambodia and Vietnam signed on 25 January 2005 has provided renewed opportunities for monitoring the situation of returnees in Central Highlands.

Suppression of religious freedom New legislation introduced in 2004/05, notably the 2004 Ordinance on Belief and Religion has softened some of the tools used by the state to control religious organisations and allows hitherto non-recognised groups to seek official recognition, but most of the numerous restrictions imposed on the establishment, recognition and activities of religious communities remain in place. The Ordinance was criticized by several religious groups in Viet Nam as codifying existing state control over all aspects of religious life. Members of unauthorized religious denominations continued to face repression including harassment, forced renunciation of their faith, administrative detention and imprisonment. Members of the Unified Buddhist Church of Vietnam (UBCV) faced particularly harsh treatment and their leadership remained under house arrest. Members of evangelical protestant churches also faced harassment.

It is worth noting that on 5 May 2005 the US and the Government of Vietnam have announced that they have concluded an agreement that addresses a number of important religious freedom issues. The agreement has been made possible because Vietnam has enacted significant legislative reforms that holds the promise of major improvements in religious freedom in the near future (source: US Department of State). Furthermore, at the end of a July 2005's visit to Rome by a delegation of the Committee for religious affairs, an agreement was reached with the Vatican to increase contact to promote mutual understanding and improve bilateral relations.

Death penalty It continues to be applied to a wide range of crimes including some economic and drug- related crimes some of which are defined only very vaguely. According to western media agencies, at least 88 people were sentenced to death in 2004; 44 for drug offences and six for fraud, according to official sources. At least 64 people were reported executed. The true figures were believed to be higher. The Prime Minister issued a decree making the reporting and dissemination of statistics on the use of the death penalty a “state secret”. However, some death penalty and execution cases continued to be reported in the Vietnamese news media. In 2004, a policy debate started on restricting the application of the death penalty, which in a first step could lead to a reduction of the number of crimes carrying the death penalty in the context of the next revision of the penal code, slated for 2006/07.

29 August 2005

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