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Vietnam - Universal Periodic Review

UPR 32, January 22, 2019
Recommendations by Canada

Recommendations

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Thank you, Mr. President.

Canada recognizes Vietnam’s efforts to improve human rights and harmonize its laws with international standards. However, further progress is required.

Canada recommends that Vietnam:

1. Revise the Penal Code and the Cyber Security Law to align with international standards for freedom of expression, association and assembly, as well as privacy rights.
2. Ensure due process rights, including by amending the Criminal Procedure Code to provide individuals with legal representation immediately after arrest, and to guarantee the right to a fair trial.
3. Revise or repeal the Law on Religion and Belief and relevant regulations to allow religious or belief groups to practice freely.
4. Revise the Labor Code and the Law on Gender Equality to include a comprehensive definition of sexual harassment and discriminatory practices.

Allow for the establishment of independent labour unions and recognize the right to organize.

Background

According to UPR Info, a non-profit, non-governmental (NGO) that tracks the Universal Periodic Review (UPR) process, in the first two cycles of the UPR, Vietnam received 438 recommendations, of which 314 were accepted (an acceptance rate of 72%). Canada’s previous recommendations were related to violence against women, access to justice, freedom of religion and belief, and internet freedom.

Vietnam’s Constitution provides for some human rights protections, but these continue to be overshadowed by national security provisions. While Vietnam has ratified several international treaties toward the protection of human rights, implementation has been slow and insufficient. Canada is concerned by the number of prosecutions for national security offences (vaguely worded and loosely interpreted provisions) under Vietnam’s Penal Code.

Vietnamese authorities often perceive political and human rights activists as threats to the one-party political system, and therefore a national security concern. These concerns were used to justify Vietnam’s Law on Religion and Belief, and a Law on Cyber Security, to be implemented in January 2019. Canada is concerned that these laws will increase censorship, restrict freedoms of expression religion and belief. Civil society does not have adequate protection, and the activities of these organizations are highly restricted and controlled. There is a rising trend in which political and human rights activists are physically assaulted by assailants who appear to act under the direction or acquiescence of the authorities. Canada remains concerned about the crackdown on freedom of expression in Vietnam, including the arrests of political dissidents and civil society activists.

Canada notes that Vietnam has achieved progress in some policy areas, especially related to economic rights, poverty alleviation, education, as well as LGBTI and gender rights. Vietnam has taken some steps to implement Canada’s Universal Periodic Review recommendations that were accepted in 2014 (freedom of expression, freedom of religion or belief, women’s rights and the presumption of innocence). Vietnam will be required to meet certain international commitments in order to fully benefit from the opportunities presented by, for example, the Comprehensive and Progressive Trans-Pacific Partnership Agreement, a seat on the United Nations Security Council, and establishing a Vietnam-European Union free trade agreement. Therefore, Vietnam is conscious of its image and there is incentive for improvement on human rights. However, Vietnam’s approach to national security often hinders progress.