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Vietnam: Despite Human Rights Concerns, a Promising Partner for the EU in Asia

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Vietnam: Despite Human Rights Concerns, a Promising Partner for the EU in Asia DIRECTORATE-GENERAL FOR EXTERNAL POLICIES POLICY DEPARTMENT IN-DEPTH ANALYSIS Vietnam: Despite human rights concerns, a promising partner for the EU in Asia Authors: Laurence VANDEWALLE and Susana MENDONCA ABSTRACT The year 2015 – the 25th anniversary of the establishment of diplomatic relations between the EU and Vietnam – is likely to be a landmark one. Three years after the EU and Vietnam signed a framework agreement for a Comprehensive Partnership and Cooperation Agreement (PCA), the European Parliament has been requested to decide whether to give its consent to the agreement. Separately, the European Commission announced on 4 August 2015 that an agreement had been reached on a bilateral free trade agreement (FTA), three years after negotiations were launched. For the Socialist Republic of Vietnam, deepening relations with the EU is a priority, a way of offsetting China’s strong influence while maintaining independence from the United States. Within the country, the Communist Party maintains a firm grip on the state apparatus. Media and civil society are severely restricted, and the human rights record remains poor. DG EXPO/B/PolDep/Note/2015_312 EN October2015-PE570.449 © European Union, 2015 Policy Department, Directorate-General for External Policies This paper was requested by the European Parliament's Delegation for relations with the countries of Southeast Asia and the Association of Southeast Asian Nations (ASEAN) English-language manuscript was completed on 14 October 2015. Translated into FR/DE. Printed in Belgium. Authors: Laurence VANDEWALLE and Susana MENDONCA, with contributions from Juliette JANIN (intern) Editorial Assistants: Martine HAMRIT and Elina STERGATOU Feedback of all kind is welcome. Please write to the author: [email protected]. To obtain copies, please send a request to: [email protected]. This paper will be published on the European Parliament's online database, 'Think tank'. The content of this document is the sole responsibility of the author and any opinions expressed therein do not necessarily represent the official position of the European Parliament. It is addressed to the Members and staff of the EP for their parliamentary work. Reproduction and translation for non-commercial purposes are authorised, provided the source is acknowledged and the European Parliament is given prior notice and sent a copy. Vietnam: Despite human rights concerns, a promising partner for the EU in Asia Table of contents 1 Key issues and developments 4 2 European Parliament–Vietnam: Milestones 5 3 Political situation in Vietnam 5 3.1 Structure of the state 5 3.2 The Communist Party and the Vietnamese Fatherland Front 6 3.3 The National Assembly 9 3.4 Corruption 11 3.5 Human rights 11 3.6 Foreign policy and international relations 14 4 Economic situation 16 4.1 Trade 19 5 The European Union and Vietnam 21 5.1 Political relations and the forthcoming PCA 21 5.2 Trade relations and the forthcoming FTA 22 5.3 Human rights 24 5.4 Development and humanitarian assistance 25 5.5 Research and education 26 5.6 Outlook for the European Parliament 26 6 Vietnam: basic data and rankings 28 7 Map 29 3 Policy Department, Directorate-General for External Policies 1 Key issues and developments On 23 February 2015, the European Parliament was officially requested by the Council to give its consent to the draft Council decision on the Framework Agreement for the Comprehensive Partnership and Cooperation Agreement (PCA) between the EU and Vietnam. Signed by the Commission in June 2012, the PCA had been held up by legal questions; it is now scheduled for the Parliament's December 2015 plenary session. The agreement refers to human rights principles and international human rights instruments; it deepens cooperation on human rights (Article 35) and contains a clause on the ‘fulfilment of obligations’ (Article 57), which authorises the partners to take 'appropriate measures' if the obligations are not fulfilled. This clause means that in case of severe human rights violations, the agreement could be suspended. On 4 August 2015, DG Trade announced that the EU and Vietnam had reached an agreement 'in principle' for a free trade agreement (FTA), after two and a half years of intense negotiations. However this agreement 'in principle' is not equivalent to the conclusion of the negotiations, as negotiations can be only be concluded when the legal text of the agreement is ready to be initialled. The FTA will cover tariffs, non tariff barriers, procurement, regulatory issues, competition, services and sustainable development. It is also likely to include an investment chapter (still under negotiation). On 26 March 2015, the EU Ombudsman recommended that the Commission carry out, without further delay, a human rights impact assessment for the agreement1. Development cooperation is an important component of the relations between the two partners. For the 2014-2020 period, the EU has increased its allocation from EUR 304 million (the amount budgeted in 2007-2013) to EUR 400 million. The main objective of the 2014-2020 Multiannual Indicative Programme is to 'accompany' Vietnam’s economic transition, focusing on two sectors: 1) sustainable energy and 2) governance and the rule of law. Vietnam is the European Investment Bank's top beneficiary in Asia in per capita terms. Vietnam remains a one-party state with no plans to introduce a multi-party democracy. Political dissidence is repressed. No major formal political developments are expected before the next congress of the Communist Party of Vietnam, in early 2016. 1 Draft recommendation of the European Ombudsman in the inquiry into complaint 1409/2014/JN against the European Commission, 26 March 2015: http://www.ombudsman.europa.eu/cases/draftrecommendation.faces/en/59398/html.boo kmark. 4 Vietnam: Despite human rights concerns, a promising partner for the EU in Asia 2 European Parliament–Vietnam: Milestones 6 to 10 April 2015 A delegation of the EP's Committee for International Trade visited Vietnam to assess the country's readiness to conclude the free trade agreement (FTA) currently under negotiation with the EU. 14 October 2014 A meeting was held between President of the European Parliament Martin Schulz and Vietnamese Prime Minister Nguyen Tan Dung. 17 April 2014 The European Parliament adopted a resolution on the on-going negotiations for an EU-Vietnam FTA2. While welcoming progress in the talks, Members highlighted a number of issues and called on the Commission to apply an approach based on conditionality, with the signature of the FTA dependent on concrete progress on human rights and other fundamental rights. 28 October to An interparliamentary meeting was held in Hanoi and in Hué. The 1 November 2013 discussions were dominated by three issues: the ratification of the EU- Vietnam PCA; the on-going negotiations on the EU-Vietnam free trade agreement; and the human rights situation – in particular, limitations of freedom of expression, the harsh punishments imposed on a number of internet bloggers, and the use of capital punishment. 18 April 2013 The EP adopted a resolution3 voicing deep concerns on the freedom of expression in Vietnam and expressing disappointment with the country's conviction of journalists and bloggers and their harsh sentences. The resolution condemned on-going human rights violations, which breach Vietnam's international obligations, as well as the country's land confiscations, excessive use of force in response to public protests, arbitrary arrests and heavy sentences given to protesters. 3 Political situation inVietnam 3.1 Structure of the state Vietnam is ruled by a A socialist republic, Vietnam remains a one-party state. The 1992 triumvirate composed of constitution amended in 2001 and 2013 reaffirmed the central role of the the president, the prime Communist Party of Vietnam (CPV). Multiparty democracy remains firmly minister and the secretary- off the agenda. general of the Communist Party. The country is ruled by a triumvirate: The Secretary-General of the CPV is the most powerful figure within the party's Politburo. He also leads the Party's Central Military Committee. 2 European Parliament resolution of 17 April 2014 on the state of play of the EU-Vietnam Free Trade Agreement (2013/2989(RSP)). 3 European Parliament resolution of 18 April 2013 on Vietnam, in particular freedom of expression (2013/2599(RSP)). 5 Policy Department, Directorate-General for External Policies The current Secretary-General of the CPV is Nguyen Phu Trong (1944), elected by the previous 11th Party Congress in January 2011. The President's role remains largely ceremonial, though it has been augmented during the most recent amendment of the constitution in 2013. The President is elected by the National Assembly (NA) from among its members for a five-year term. The next presidential election is scheduled for July 2016. Truong Tan Sang (1949), the current President, is a senior figure in the CPV. He was elected by the NA in July 2011 with 97 % of votes. The Prime Minister leads the work of government members and presides over the meetings of the Central Government. He is appointed by the President from among members of the NA. The current Prime Minister Nguyen Tan Dung (1949) was designated in 2006 and reconfirmed to his post in 2011. Following the 11th Party Congress, the 13th NA was convened on 22 May 2011 and formally re-appointed the Prime Minister on 26 July 2011. No major formal political developments are expected before the 12th CPV Congress in spring 2016 where important changes could take place. A new Secretary General will be elected and several members of the Politburo are scheduled to retire. After the congress, the 14th NA should be convened and appoint a new Prime Minister. 3.2 The Communist Party and the Vietnamese Fatherland Front Around 3 % of the Ho Chi Minh founded the Communist Party of Vietnam (CPV) clandestinely population belong to the in 1930 when he was in exile in Hong Kong.
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