Re: UPR 2009 Result & UPR 2014 update

Original version Vietnam National Report 5 Feb 2014 UN Web TV

http://webtv.un.org/search/viet-nam-review-18th-session-of-universal-periodic-review/3158240571001?term=upr

English version:

http://webtv.un.org/search/viet-nam-review-18th-session-of-universal-periodic-review/3158240570001?term=upr

On Thu, Feb 6, 2014 at 12:08 AM, Linda Nguyen <lindanguyenvv> wrote:

State under review	Viet Nam Represented by 23-member delegation headed by Mr. Ha Kim Ngoc, Deputy Minister of Foreign Affairs
Documents	To access national report, compilation of UN information, and summary of stakeholders’ information, visit the Viet Nam page on the UPR website
Troika *	Costa Rica, Kazakhstan and Kenya,
Opening statement by State under review	Few points raised in the  opening statement of State under review: Following the adoption of Viet Nam’s last UPR report by the Council, the Prime Minister approved the master plan for the implementation of UPR recommendations. 17 competent ministries and agencies were tasked to develop their own plans for implementation in specific areas; To date, all accepted recommendations have been seriously and actively implemented in all domains, particularly the development of laws and policies on human rights, poverty reduction, sustainable economic development, social security, employment, education, healthcare, fundamental freedoms of citizens and rights of the vulnerable groups; Viet Nam has developed and been implementing a strategy on judicial reforms until 2020 to build a clean, strong, democratic, strict and fair, and step-by-step modernised judicial system for national development and protection of the people; The adoption of the 2013 constitution by the national assembly was the most important event in the country’s political life; an entire chapter of it was exclusively dedicated to human rights in conformity with the international norms and conventions on human rights; Before its submission to the national assembly, the draft constitution was made available on the mass media for ten months. Over ten million comments from political and social organizations and the people were directed to the drafting committee; Twenty-five key laws have been enacted or amended since 2009 to better respect and exercise human rights.  The Government has approved and implemented forty-one national socio-economic development strategies and programmes, where priorities were awarded to vulnerable groups; The comprehensive strategy on growth and poverty reduction has helped Viet Nam slash its national poverty rate, under national poverty line, from 58.1 % in 1993 to 7.8 % in 2013, thus enabling the country to be among the earliest to attain the MDG on poverty reduction; The decent economic growth of 5.5 to 6 % between 2009 and 2012 permitted Viet Nam to accomplish many targets, such as creating 1.5 million new jobs every year, keeping unemployment below 2 % and completing the universalization of primary and secondary education; In Viet Nam, the freedoms of information, speech and expression were enshrined in the Constitution and various relevant laws were ensured in practice by State agencies and encouraged by the diverse emergence of the press and mass media, including the Internet; The consistent policy of Viet Nam was to respect, ensure and create enabling conditions for all people to exercise the freedom of religion and belief, strictly prohibit any discrimination for religious and belief reasons, and guarantee the activities of religious organizations by laws; The political representation of ethnic minorities was on the rise; the number of national assembly deputies of ethnic minority origins was always higher than their proportion in the population; Viet Nam signed the Convention against Torture in 2013 and will ratify it, as well as the Convention on the rights of persons with disabilities in 2014.
Participants	In total  of 106 States participated in the dialogue:  34 HRC members and  72 observers
Positive achievements	Positive achievements noted by delegations included, among others: Progress achieved to advance social and economic rights Steps taken to reduce poverty rates; High school enrolment rates at primary and secondary levels; The national action plans for children (2012-2020) and protection of children (2011-2015); The signature of the Convention against Torture; Progress on protecting the rights of LGBT persons.
Issues and Questions	Issues and questions raised by the Working Group included, among others: Measures to ensure the realization of freedom of opinion, expression and association; Steps taken to ensure freedom of expression was protected both offline and online; Efforts to ensure civil society and NGOs were able to carry out their work freely; Measures taken to release those held in detention for political or religious beliefs; Steps to abolish the death penalty and reducing the number of crimes carrying the death penalty; Efforts to combat discrimination against women and girls and ensure gender equality.
Recommendations	States participating in the dialogue posed a series of recommendations to Viet Nam.  These pertained to the following issues, among others:  To create conditions favourable to the realization of freedom of opinion, expression and association; To ensure that freedom of expression was protected both offline and online and to enable unrestricted access and use of the internet and allow bloggers, journalists and other internet users and NGOs to promote and protect human rights; To ensure civil society and NGOs were able to carry out their work freely; To take measures to end prosecution against peaceful protesters; To establish a moratorium on the death penalty and reduce the number of crimes carrying the death penalty; To immediately release all political prisoners held and those held for peaceful expression or religious beliefs; To guarantee the right of family visits to those in detention and ensure access to lawyers for all defendants at all stages of legal proceedings; To revise national security laws used to supress universal rights and to ensure that the Penal Code and the Criminal Procedures Code were consistent with international human rights standards; To effectively combat discrimination against women and girls, including by enacting appropriate legislation, and lift its reservations to the CERD; To increase efforts to raise awareness among the population about gender equality and the non-discrimination of women and girls; To ensure gender mainstreaming and enhance participation of women in decision-making bodies; To intensify the fight against child prostitution, trafficking and sexual exploitation in line with its Action Plan; To extend a standing invitation to all Special Procedures and strengthen cooperation with human rights mechanisms; To consider establishing a national human rights institution in compliance with the Paris Principles; Ratification of human rights instruments: the CAT, the OPCAT, the Convention on enforced disappearances, the Rome Statute of the ICC, the 3rd OP to the CRC, the 1st and 2nd OPs to the ICCPR, the Convention on the rights of migrant workers, the Convention on the rights of persons with disabilities, the OP to the ICESCR, and ILO conventions 189 (domestic workers), 29 (forced work), and 138 (child labour).
Adoption of report of Working Group	The adoption of the report of the UPR Working Group on Viet Nam is scheduled to take place on Friday, 7 February 2014

On Tue, Feb 4, 2014 at 11:59 PM, Linda Nguyen <lindanguyenvv@gmail.com> wrote:

Please find below documents, findings, recommendations, and implementations for UPR 2009.

Also partial documents and findings for UPR 2014.

The review for Vietnam shall be from 1430-1800hrs on 5 Feb 2014.

On 7 Feb 1700-1800hrs distribute reports on Vietnam given out.

The Troika for Vietnam: Kenya, Kazakhstan, Costa Rica.

So far the differences are:

The number of stakeholders increased from 12 to 59. The violations are more concrete with supporting evidences; and

The compilations from UN documents are more direct and to the point.

What’s the same:

The Report from Vietnam gave the same spin as the 2009 Report.

Prediction:

More recommendations for Vietnam to accept, reject, and implementation.

Linda

UPR 2009

National Report by Vietnam 16 February 2009 to UPR 4-15 May 2009:

http://lib.ohchr.org/HRBodies/UPR/Documents/Session5/VN/A_HRC_WG6_5_VNM_1_E.pdf

Summary of the 12 stakeholders on Vietnam 23 Feb 2009 during the UPR 4-15 May 2009: http://lib.ohchr.org/HRBodies/UPR/Documents/Session5/VN/A_HRC_WG6_5_VNM_3_E.pdf

Compilation of UN reports to the Office of the United Nations High Commissioner for Human Rights (OHCHR) 16 March 2009 during the UPR 4-15 May 2009:

http://lib.ohchr.org/HRBodies/UPR/Documents/Session5/VN/A_HRC_WG6_5_VNM_2_E.pdf

Report of Working Group 5 October 2009 during UPR 4-15 May 2009:

http://daccess-dds-ny.un.org/doc/UNDOC/GEN/G09/163/82/PDF/G0916382.pdf?OpenElement

Reply by Vietnam after receiving the Report of the Working Group 16 September 2009 during the UPR 4-15 May 2009:

http://daccess-dds-ny.un.org/doc/UNDOC/GEN/G09/155/77/PDF/G0915577.pdf?OpenElement

Vietnam responded to Recommendations:

http://www.upr-info.org/IMG/pdf/recommendations_to_viet_nam_2009.pdf

UPR 2014

National Report by Vietnam 8 November 2013 to UPR 27 Jan-7 Feb 2014:

http://daccess-dds-ny.un.org/doc/UNDOC/GEN/G13/185/15/PDF/G1318515.pdf?OpenElement

Compilation of UN reports to the Office of the United Nations High Commissioner for Human Rights (OHCHR) 7 Nov 2013 during the UPR 27 Jan-7 Feb 2014:

http://daccess-dds-ny.un.org/doc/UNDOC/GEN/G13/184/45/PDF/G1318445.pdf?OpenElement

Summary of the 59 stakeholders on Vietnam 4 Nov 2013 during the UPR 27 Jan-7 Feb 2014:

http://daccess-dds-ny.un.org/doc/UNDOC/GEN/G13/183/23/PDF/G1318323.pdf?OpenElement

Advance questions to Vietnam:

ADVANCE QUESTIONS TO VIET NAM

CANADA

• As a member of the Human Rights Council starting on January 1^st, 2014, Vietnam is called to uphold the highest standards of human rights. What is the Government planning to do during its 3 year mandate to ensure compliance with such a standard?

• How will the government ensure that the existing legal commitment that land use right certificates carry the names of both spouses is implemented with a view to ensuring that all are treated equally in practice? 

• With respect to creating space for independent, local non-governmental organizations in Vietnam to freely associate, how does the government plan to ensure that all arms of government, including the central and local (provincial/district/command) levels and the security agencies, enable, as opposed to obstruct, the full participation of NGOs in the UPR process?

• With respect to the current review of the 2004 Ordinance on Religion and Beliefs, will the government consult with non-registered religious groups in its review?

• With respect to freedom of expression and freedom of peaceful assembly, through what processes will the government ensure that the new law on association and the law on demonstrations comply with the government of Vietnam’s obligations under the ICCPR?

• With respect to the rulings by the Working Group on Arbitrary Detention, including on the case of Le Quoc Quan and particularly in the context of Vietnam’s membership in the Human Rights Council, what are the government’s timelines for addressing these opinions, in particular on whether the government will or will not release those whose detentions were found to be arbitrary by the WGAD?

NETHERLANDS

·      Will the government extend an invitation to the UN Special Rapporteur on Freedom of Opinion and Expression to visit Viet Nam?

·      Will the government of Viet Nam ensure that any amendments to the Vietnamese Constitution conform with the ICCPR, ICESCR and other key international human rights standards?

·      What measures will Viet Nam take to ensure that all rights guaranteed in the ICCPR are protected and enjoyed by all?

·      Will the government ensure that laws on the Internet comply with Viet Nam’s obligations as a state party to the ICCPR and lift censorship of the internet in conformity with its commitment to guarantee the freedom of expression and information?

·      Will the government of Viet Nam implement the recommendations of the UN Committee on the Elimination of Discrimination against Women?

·      Will the government of Viet Nam improve women’s rights by
o   Enforcing anti-trafficking legislation, to combat trafficking in human beings for labour and sexual exploitation;
o   Implementing provisions in the Land Law that ensure women’s entitlement to the right to land;

o   Terminating other grave abuses of women’s rights such as domestic violence, coercive birth control by abortion, prostitution, the growing problem of HIV/AIDS and violations of reproductive rights?

·      Is Vietnam planning to accede to the Rome Statute of the International Criminal Court (ICC) and fully align its national legislation with all obligations under the Rome Statute, including by incorporating provisions to cooperate promptly and fully with the ICC and to investigate and prosecute genocide, crimes against humanity and war crimes effectively before its national courts?

ADVANCE QUESTIONS TO VIET NAM-ADD 1

GERMANY

• Vietnam has returned to carrying out the death penalty in 2013. Reports say that domestically produced lethal substances (poison) do not lead to immediate death or do so only after extensive suffering. Germany would like to receive information by the government on whether these reports are true and how many persons in Vietnam’s prisons are awaiting execution.

• Requests by the international community to visit prisons in Vietnam are frequently denied by the authorities. Under which conditions does Vietnam allow for members of the international community to visit prisons, prisoners and trials?

• Decree 72 limits freedom of expression on the internet. Decree 174 defines sentences for violations of decree 72. In addition to sentences in prison, fines of up to 100 Mio Dong can be imposed. On what basis are decisions on the degree of penalty taken and how many people have been sentenced to penalties under decree 72 so far?

• How does the government ensure that representatives of civil society can effectively participate in the UPR process, including by exercising their human right to leave their own country to attend the Working Group session in Geneva?

CZECH REPUBLIC

• Vietnam signed the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment. According to its National Report, Vietnam has been taking final legal steps towards its ratification. Does the Government of Vietnam consider also accession to the Convention’s Optional Protocol?

• What steps has the Government taken to guarantee freedom of expression and information, both online and offline, as pledged at its previous UPR? In this regard, will the Government revise Decree 72 on Internet use and management and Decree 174 and lift Internet censorship?

• Are there any measures planned to ensure the protection of human rights defenders and to facilitate their work?

• Does Vietnam envisage easing the registration of civil society organizations and creating enabling conditions for their operation?

• In the context of resumption of executions in 2013, does the Government intend to further revise the list of crimes for which the death penalty is imposed?

• Does the Government of Vietnam intend to issue a standing invitation to the Special Procedures of the United Nations Human Rights Council?

• The Czech Republic recognizes the dedication of Vietnam to the process of amending the 1992 Constitution. Could you elaborate on how the broad public consultative process and the respective submissions are reflected in the final version of the new Constitution which entered into force on 1 January 2014?

BELGIUM

• Is the Government of Vietnam considering issuing a standing invitation to the special procedures?

• Does the Government of Vietnam intend to respond positively to the special rapporteurs that have requested to visit the country, like the Special rapporteur on Freedom of opinion, the Special rapporteur on Extrajudicial, summary or arbitrary executions, and the Special rapporteurs on Torture, Human Rights Defenders and the Sale of children?

• Is the Government of Vietnam considering accepting the individual complaints procedure under the human rights conventions to which it is already a State party?

• During the last cycle of the UPR, the Government of Vietnam had accepted to consider accession to the International Convention for the protection of all persons from enforced disappearance, the Rome Statute of the International criminal court and the Convention relating to the status of refugees. Could the Government of Vietnam explain what follow-up was given to this point?

• Is the Government of Vietnam considering removing its reservations to articles 29(1) of CEDAW and 22 of ICERD?

• When will the Government of Vietnam present the overdue report to the HR Committee?

• The CERD and CRC have expressed concern about ethnic discrimination, the socio-economic gap between the majority population and disadvantaged ethnic minorities and restriction on religious practices by minorities in Vietnam. Which concrete steps have been taken by the Government of Vietnam to address these concerns?

• The discrimination against girls was identified by the CRC as a cause of early marriage, high levels of school drop-outs and female foetus abortion. What has the Government of Vietnam done to eliminate all forms of discrimination against girls and to ensure gender mainstreaming in all anti-discrimination policies and programmes, as advised by the CRC?

• How many individuals are currently on death row? Of those, how many are foreign nationals? And how many are juvenile offenders?

• Do family members have the right to be informed of an execution before it takes place?  If so, how are they informed and what is the notice period? Do children and other family members of a person sentenced to death have the right to a final meeting before an execution is carried out?

• During the first cycle of the UPR, the Government of Vietnam agreed to take the necessary steps to ensure that citizens can fully enjoy the rights to freedom of expression, including on the internet, and freedom of religion. Could the Government of Vietnam explain what effective steps it took to implement this recommendation?

• During the first cycle of the UPR, the Government of Vietnam agreed to consider strengthening press freedom protections contained in the 1999 press law and ensure that any review of the press law would follow the international standards on this topic. Could the Government of Vietnam explain what effective steps it took to implement this recommendation?

MEXICO

• How will Viet Nam ensure that articles in its Constitution which talk of abuse of human and civic rights in detriment to the interests of the State do not become an undue restriction of basic individual rights as defined by the ICCPR and what measures is it specifically taking for revising national security provisions contained in the Penal Code?

• Is Vietnam considering to revise legislation such as the Press Law and Internet Decree 72 in order to guarantee the full enjoyment of freedom of expression and freedom of information both online and offline?

• What are the reasons why statistics relative to the number of executions derived from sentences carrying the death penalty are classified and kept as State secrets?

UNITED STATES OF AMERICA

• International Obligations:  In 2009, Vietnam agreed to align its press laws with its obligations under Article 19 of the International Covenant on Civil and Political Rights (ICCPR); however, Vietnam continues to restrict freedom of expression both in law and practice.  As a newly-seated member of the UN Human Rights Council, will Vietnam agree to align all national laws, including those falling under national security provisions, with its international obligations and commitments on human rights, including those under the ICCPR, and the Universal Declaration of Human Rights?  Will Vietnam release those citizens who are imprisoned for exercising their human rights?

• Undue Restrictions on Internet Activity:  The government of Vietnam employs a variety of means to censor content on the Internet and television broadcasts.  Will Vietnam commit to relaxing its control over the Internet and website content?  Will Vietnam suspend implementation of Decree 72, thereby allowing Internet users to exercise their freedom of expression on line?

• Religious Freedom:  Despite laws protecting religious freedom, and increased registrations of religious organizations, some officials at local and national levels harass and punish individuals and groups, usually with impunity, for engaging in religious activity.  Will Vietnam commit to facilitating the expeditious registration of those religious organizations seeking such status and establish a mechanism to receive and investigate complaints against any official who harasses or punishes any member of a religious group engaging in lawful religious activity?

• Labor:  We welcome the gains Vietnam has made economically.  However, we note our concern regarding protection of workers’ rights.  The current law on trade unions establishes the Vietnam General Confederation of Labor as the de facto sole trade union federation.  What legislative and other measures does the Vietnamese government plan to implement to ensure it meets internationally recognized standards on freedom of association, collective bargaining, forced labor, child labor and employment non-discrimination?  What steps has the government taken to implement these provisions? 

• Prison Conditions:  The United States welcomes Vietnam’s decision to sign the Convention Against Torture in November and looks forward to Vietnam’s ratification of the Convention.  Nevertheless, prison conditions remain harsh, including credible reports of physical abuse and denied or inadequate medical care, in particular for prisoners convicted under national security laws.  Will Vietnam commit to a timeline for ensuring that that all prisoners are detained in a manner consistent with Vietnam’s obligations under the International Covenant on Civil and Political Rights as well as the requirements of the Convention Against Torture?

• The Rights of Defense Lawyers:  Under the Vietnamese criminal code, defense lawyers have the right to review government evidence, the right to access clients in prison, and the right to equal physical and technical accommodations with the Procuracy during trial.  However, some defense lawyers, in particular those representing clients charged with crimes under national security provisions of the law, are unable to exercise those rights.  Will Vietnam commit to ensuring that the rights of defense lawyers are implemented fully and that everyone charged with a crime is accorded all fair trial guarantees required by the International Covenant on Civil and Political Rights as well as Vietnamese law?

• Access to Lawyers on Appeal:  Currently, defendants in Vietnam do not have the right to legal representation on appeal.  In fact, they are not allowed legal representation until after the defendants have written their own appeals and filed them with the Court of Appeals.  This provision undermines the ability of defendants to obtain adequate legal assistance and counsel when seeking to appeal a conviction.  It is inconsistent not only with the International Covenant on Civil and Political Rights, but also with the minimum procedural guarantees that apply throughout the criminal justice process.  These include the right to communicate with counsel of one’s own choosing, to mount one’s defense in person or through legal assistance of one’s choosing, and, in the absence of such counsel, to have legal assistance assigned whenever the interests of justice require.  Will Vietnam commit to addressing this gap in procedural rights within the year?

• Freedom of Assembly: The ability to gather peacefully is an important bedrock of political life in a stable country, but one that Vietnamese authorities have not consistently respected, in particular when individuals come together to protest sensitive issues.  Article 21 of the International Covenant on Civil and Political Rights, to which Vietnam is a party, underscores this right.  Will Vietnam extend an invitation to the UN Special Rapporteur on the Rights to Freedom of Peaceful Assembly and of Association in the coming year to evaluate the government’s efforts on this front? 

ADVANCE QUESTIONS TO VIET NAM-ADD 3

SLOVENIA

• What particular action has the Government of Viet Nam taken to effectively eliminate discrimination of girls resulting in their dropping out of school, marrying early and aborting female fetuses etc.

• What particular action has the Government of Viet Nam taken to fight against child labour, child prostitution, child trafficking and the use of children in commercial sexual activity?

• We would like to ask Government of Viet Nam about possible plans regarding ratification of not yet ratified human rights treaties and about possible removal of existing reservations.

SWEDEN

• Could the Government of Vietnam please explain how convicting people – such as journalist and blogger Nguyen Van Hai and rights lawyers and blogger Le Quoc Quan – for peacefully exercising their right to freedom of expression on the internet can be in line with Vietnam’s commitments to ICCPR with its strict definition of limitations to freedom of expression?

• What measures is the Government of Vietnam taking to ensure that the well-being of prisoners/detainees are in compliance with the State’s commitment to comply with CAT including that cases of excessive use of force by police are independently investigated?

SWITZERLAND

• How many individuals are currently on death row? Of these, how many are foreign nationals (and from which countries)?

·      Has Vietnam already established a calendar for its ratification of the Convention against torture and other cruel, inhuman or degrading treatment or punishment?