do thien giang final paper human rights

Full Name: Do Thien Giang Class: Special Topic in Human Rights II Professor: Soh Chang-rok & Nam Seunghyun The Role of UN in enforcing Human Rights in Vietnam AIMS Assess the influence of UN Human Rights Mechanism in Vietnam’s practice of respect, protection and promotion of Civil and Political rights I INTRODUCTION “Human rights,” the common value of human beings, are based on human wants – on those things necessary Human Right regime has become a global concept, and the challenge of understanding human rights from these perspectives has never been greater For human rights in Vietnam, many scholars and activists had different approaches, ideas, and conceptions However, their approaches used to be one-sided; one side could support human rights in Vietnam have have positive opinions, the other side tend to strictly criticize human rights in Vietnam Meanwhile, Vietnam government leaders tend to emphasize on the alignment and appropriation between human rights in global concept and national values and traditional customs In 2013, Vietnam officially became a member of UN Human Right Council period 2014-2016 Since then, there has been a substantial increase in the prevalence and discussion on human rights issues in Vietnam, but mostly among politician, experts and civilian While the politician and VN authorities apparently take pride of the new role and image of VN on the international playground, there is still critical opinion about the effectiveness and actual drive of VN government toward Human Rights issues Full Name: Do Thien Giang Class: Special Topic in Human Rights II Professor: Soh Chang-rok & Nam Seunghyun It was said that Vietnam’s attempt to join the Human Rights Council was intended merely to deflect criticism of its human rights record from the international community In an article titled “The United Nations Human Rights Council: Repeating Past’ Mistakes” published by The Heritage Foundation in 2006, Brett D Schaefer said that countries with poor human rights records ran for a seat in the UN Human Rights Council in an effort to thwart criticism of the state's human rights records The countries in which this author claimed to have a questionable Human Rights profile, but successfully became a member of the Council, were China, Cuba and Vietnam Even in 2003, Libya, a dictatorship under Gaddafi, was elected as the Chair of the Council Similarly, in “Sins of Commission? Understanding Membership Patterns on the United Nations Human Rights Commission”, published in the 2008 Political Research Quarterly, Martin S Edwards argued that nations with disrespect for human rights consider the entry into the Human Rights Commission as an act of self-defense, to help the country avoid being watched or criticized (1) Vietnam is one of very few unique Communism country left after the collapse of Soviet Union, we have witnessed a stable political environment with the single party, but at the same time, there are also groundswell in society, these waves tend to rise stronger day by day along with the increasing concern and awareness of citizens about human rights In that regards, I think it would be interesting and significant to look at the contribution of UN Human Rights mechanism to Vietnam and evaluate its influence Since 1986 Vietnam has issued and amended approximately 13,000 laws and by-law documents, by which civil and political rights have been established more specifically and comprehensively (2) However, under the scope of this paper to specify the role of UN Human Rights mechanism impact on VN, assessing changes in laws only is not sufficient enough, as it is difficult to differentiate and Full Name: Do Thien Giang Class: Special Topic in Human Rights II Professor: Soh Chang-rok & Nam Seunghyun separate which one was influenced by the UN or by any other pressures to have cooperation on the international playground Therefore, I will focus on certain core documents to give analysis in the actual practice of human rights in Vietnam, regarding civil and political rights Reviewing documents shall include UPR Vietnam National reports and responses to recommendations in 2008 and 2013, 2017; compliance of UN information; Vietnam Constitutions 1992 and 2013; reports from other stakeholders to UN about Human Rights issues in Vietnam and certain articles discussing around Human Rights issues In the last note, I would like to conclude my assessment and spend some space for my own point of view in the process of Vietnam’s Civil and Political Rights II BACKGROUND The United Nations Declaration of Universal Human Rights & The Covenant on Civil and Political Rights The United Nations Declaration of Universal Human Rights was adopted on December, 10th, 1948 The Declaration of Universal Human Rights identifies different kinds of rights These include civil and political rights and also economic, social and cultural rights: “Whereas recognition of the inherent dignity and of the equal and inalienable rights of all members of the human family is the foundation of freedom, justice and peace in the world Whereas disregard and contempt for human rights have resulted in barbarous acts which have outraged the conscience of mankind, and the advent of a world in which human beings shall enjoy freedom of speech and belief and freedom from fear and want has been proclaimed as the highest aspiration of the common people.”(3) Western developed countries have primarily emphasized the civil and political rights and individual Full Name: Do Thien Giang Class: Special Topic in Human Rights II Professor: Soh Chang-rok & Nam Seunghyun freedom that are said to central to democracy Meanwhile, developing countries have emphasized economic, cultural and social rights, linking human rights to the conditions that create economic development (freedom from fear and want) There is , in fact, no universal agreement on the concept of human rights, and nations in Europe, America, and Africa claim different conceptions of human rights The Covenant on Civil and Political Rights was adopted by the United Nations General Assembly in December 1966 Under this covenant, peoples have the right of self-determination to freely determine their political status and pursue their economic, social and cultural development Men and women have equal rights to the enjoyment of all civil and political rights Historical and current context of Human Rights issue in Vietnam After Vietnam regained independence in 1945, human rights and citizen rights were proclaimed in the 1946 Constitution of the Democratic Republic of Vietnam and reinforced in the 1959, 1980 and 1992 constitutions (further amended in 2001) as the result of political, economic, cultural changes in each period The first Constitution of 1946 had only 70 Articles but citizen rights were provided in 18 Articles and accorded with priority in Chapter II “Citizen Rights and Obligations” (4) The 1959 Constitution was a step forward from the Constitution of 1946 as it contained 21 Articles related to Citizen Rights and Obligations The 1980 Constitution was one of a reunified Vietnam, which inherited and built on the two previous constitutions It had 29 Articles specifying Citizen Rights and Obligations In the 1992 Constitution of the reform (Doi Moi) process, it is proscribed: “The Socialist Republic of Vietnam is a state of the people, by the people and for the people All the State’s powers belong to the people ” (Article 2); “In the Socialist Republic of Vietnam, the political, civil, economic, social and cultural rights are respected, embodied in the citizens’ rights Full Name: Do Thien Giang Class: Special Topic in Human Rights II Professor: Soh Chang-rok & Nam Seunghyun determined in the Constitution and legislation” (Article 50) (5) It is the Party and State of Vietnam’s policy to respect and protect human rights Vietnam has promulgated a large number of legal documents to further concretize human rights as stipulated in the amended 1992 Constitution and the 1966 International Covenant on Civil and Political Rights Debates took place from May 2011 to December 2013, and gave birth to the 2013 Constitution of the Socialist Republic of Vietnam (2013 Constitution) Recently, Human Rights have become a prevalent topic not only in the local media, but also in state forums such as the National Assembly, including at various sessions of the National Assembly Virtually all aspects of human rights are now freely discussed in Vietnam, with the exception of a few “no-go areas” – these relate to the preservation of Vietnam’s single-party political system Factors such as the history of human rights in Vietnam, together with its cultural dimensions, constitutional characteristics, and compliance with international human rights standards, were extensively analyzed This debate on human rights exemplified the tension between different theories on natural and legal rights, the universality and particularity of human rights, and even brought into play broader themes of universalism and cultural relativism Some hold the position, as Jack Donnelly (1989:109) comments, that “Culture is the sole source of the validity of a moral values or rule Particular cultural values, so it follows, should under no conditions be supplanted by universal moral values, for example, conceptions of human rights” However, other scholars, for example Richard A.Wilson emphasized that “underlying cultural values may be called on to bring the peoples of such states to a realization of the consequences of the acts of their governments, and thus enforce a brake upon discrimination and conquest” (6) This debate also invoked constitutional ideas, such as the distinction between the “rule of law” and “rule by law”, liberal democracy and Full Name: Do Thien Giang Class: Special Topic in Human Rights II Professor: Soh Chang-rok & Nam Seunghyun socialist democracy, Western principles and “Asian values”, etc In short, the discussion on human rights in the 2013 Constitution demonstrates the diversity of views held by Vietnamese legislators and scholars (7) To date, Vietnam has signed 13 human rights treaties including CAT, CAT-OP, CCPR, CCPR-OP2DP, CED, CEDAW, CERD, CESCR, CMW,CRC, CRC-OP-AC, among which CED AND CCPROP2-DP related to the protection of people from enforced disappearance and the death penalty respectively have not been ratified yet (8) UN in Vietnam & the One Plan In Vietnam, all UN Agencies, funds and programs encompass under United Nations Country Team (UNCT), which coordinate all planning framework of UN-related organization and make One Plan Through people-oriented and right-based approach, UNCT support Vietnam to achieve not only Millennium Development Goals, but also Vietnam’s own national development goals (9) The One Strategic Plan 2017-2021 represents the programmatic and operational framework for delivering United Nations (UN) support to the Government over the next five years and sets out how the UN will deliver as one in support of national development priorities The Plan is aligned with the Socio-Economic Development Strategy 2011-2020, the Socio-Economic Development Plan 2016-2020, the Sustainable Development Goals (SDGs) and Viet Nam’s international human rights commitments.(10) Vietnam government and UN agencies worked on the One Strategic Plan 2017-2021, in which human rights are strongly emphasized as one of the cross-cutting themes of all goals, especially Economic, Social and Cultural Rights Full Name: Do Thien Giang Class: Special Topic in Human Rights II Professor: Soh Chang-rok & Nam Seunghyun One of four priorities in the One Strategic Plan 2017-2021 is meeting strong demands for a more robust UN normative voice on human rights, equity and citizen-centered reforms that leave no one behind (11) Therefore, it can be seen the increasing role of UN human Rights mechanism presenting in the current development stage of Vietnam, which will have influence in all areas If Universal Periodical Reviews have brought certain pressures for changes in legislative system of Vietnam, the presence of UN Agencies and the One Strategic Plan 2017-2021 plays the role of implementation, monitoring and assisting Vietnam in making sufficient amendments HUMAN RIGHTS IN PROGRESS Strengthening the legal and policies on Human Rights Although, Vietnam emphasizes the role of Human Rights in the national constitutions in 1992 and previously, the greatest achievement and realization in the amendment of Constitution 2013 was that it dedicates the whole chapter II to cover human rights and citizens’ obligations The draft of the amended Constitution is publicly available for comments from organizations and people to ensure that the new Constitution fully reflects the will and interest of all segments of the society The inputs to the amended Constitution started on January 2012 and until August 2013, more than 26 millions comments have been received and they largely focus on Chapter II on human rights and citizens’ rights Inputs are carefully collected and studied by the Drafting Committee in order to finalize the draft amendment before submitting to the National Assembly for consideration in the 6th Session (October 2013) Full Name: Do Thien Giang Class: Special Topic in Human Rights II Professor: Soh Chang-rok & Nam Seunghyun The Constitution of 2013 affirms that human rights, civil, political, civil, economic, cultural and social rights shall be recognized, respected, protected and guaranteed in accordance with the Constitution and the law The new constitution supplements the principle that "human rights and citizenship can only be restricted in accordance with the law in cases of necessity for reasons of national defense, national security, social order and safety, social morality, the health of the community " (Article 14) The Constitution states: "Citizenship is not separated from citizenship Everyone has the duty to respect the rights of others Citizens have the responsibility to fulfill their obligations towards the State and society The exercise of human rights and the right of citizens must not infringe upon the national interests, the nation, the legitimate rights and interests of others.” (Article 15) The Constitution also adds new articles on human rights and civil rights, as set out in Articles 19, 20, 21, 34 and 36 Details are as follows: - Citizens have the right to social security (Article 34) - The State protects marriage and the family and protects the interests of the mother and children (Article 36) - Everyone has the right to enjoy and access cultural values, to participate in cultural life and to use cultural facilities (Article 41) Citizens have the right to determine their own nationality, to use their mother tongue, to choose the language of communication (Article 42) Everyone has the right to live in a clean environment and to protect the environment (Article 43) Full Name: Do Thien Giang Class: Special Topic in Human Rights II Professor: Soh Chang-rok & Nam Seunghyun Citizens have the duty to be loyal to the motherland Betraying the motherland is the most serious crime (Article 44) The responsibility of the state is to promulgate the law: For example, "male and female citizens are equal in all respects" "The State has a policy of guaranteeing rights and opportunities for gender equality" (Article 26), or "Citizens have the right to participate in state management and society", “the State creates conditions for citizens to participate State management and society "(Article 28) Vietnam also have action toward the recommendations during UPR national report in 2009 to review of its Penal Code to allow less scope for open interpretation of these provisions by judges and courts (United Kingdom); continue to work to ensure key pieces of national legislation, including the 1999 Penal Code and 2003 Criminal Procedures Code, are consistent with its international human rights treaty commitments (Australia) Specifically, in the UPR National report in 2014, the 1999 Penal Code, amended in 2009, abolished the death penalty for crimes and reducing the number of crimes subject to death penalty from 29 to 21, ceased the application of death penalty or life imprisonment to juvenile offenders Vietnam also promise that other amendments and supplementations will be considered to reflect the humanitarian aspect of law, harmonize with international instruments on anti-crimes that Viet Nam is a party to, and strengthen international cooperation in preventing and combating crimes Possible amendments include: reducing the number of crimes subject to death penalty, stricter stipulations on death penalty; reducing the application of death penalty and expanding the scope of application of noncustodial penalties, mainly applying imprisonment to serious or especially serious crimes The 2003 Criminal Procedures Code is also replaced with some new points in the 2015 Criminal Procedure Code Full Name: Do Thien Giang Class: Special Topic in Human Rights II Professor: Soh Chang-rok & Nam Seunghyun In the latest UPR mid-term report in 2017, Vietnam national report affirmed the realization of nd UPR cycle recommendations, and acknowledged that by February 2017, 129/182 recommendations that the state agreed upon have been realized, the Convention on the Rights of Persons with Disabilities and Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment were ratified, the review of legislations, institutions and policies in Human rights under the constitution of 2013, educating public on civil, political, socio-economic and cultural aspects of human rights as well as gender equality and so on Theoretically, the changes are indeed true, and Vietnam has been improving its legal system However, is all the changes positive? Or even with the new law and provision, are they implemented and practiced accordingly in Vietnam? Those are the questions to consider beyond the national report Respect, protection and promotion of human rights in practice a Civil and Political Rights In the UPR National report in the nd cycle (2014), the rights to freedom of expression, press and information are promoted through the “fast and diverse development of the mass media” which on air the discussions of national debates covering political, economic and social life issues of the country; and the increasing number of newspapers, publications, journalists, radio and television stations, TV channels, e-magazines, social networks compared to 2009 75 International television channels with all the biggest and the most reputative news channels such as CNN, BBC, KBS, NHK, Bloomberg, etc and 20 foreign news agencies have their correspondents stationed in Vietnam Full Name: Do Thien Giang Class: Special Topic in Human Rights II Professor: Soh Chang-rok & Nam Seunghyun The report claims “The State of Viet Nam encourages the use of internet to serve the need for socioeconomic and cultural development, to support administrative reform, and to improve living standards and fundamental freedoms of the people.” Accepted recommendation in 2014: o Revise “Decree 72” and “Decree 174” relating to the management, provision and use of the Internet, to ensure their consistency with international human rights obligations, and in particular with Articles 19, 21 and 22 of ICCPR (Ireland); o Ensure that Decree 72, concerning the management, provision and use of Internet services and information online, is implemented in a manner that does not limit individuals’ rights to voice their opinions online (Finland); However, in fact, the report did not mention the fact that all contents on radio and TV channels in Vietnam are controlled by the Ministry of Information or Ministry of Culture, Sports and Tourism Either the news published on Vietnam National Televisions, domestic e-magazines, newspapers or the international programs via satellites, the Ministries have the right and responsibility to verify the content before giving permission to news agencies to show them on air or publish Further than that, recently, the passing of the Cyber Security Law by the National Assembly has raised a controversial debate and concern, which contains a number of provisions that are in contravention with Viet Nam’s obligations under the International Covenant on Civil and Political Rights (ICCPR) The law provides sweeping new powers to the authorities, allowing them to force technology companies and service providers to share computer data, including personal information, to deny services and to censor users’ posts without any judicial review Vietnamese people further concerned that this law may be used to further crack down on dissenting voices in Full Name: Do Thien Giang Class: Special Topic in Human Rights II Professor: Soh Chang-rok & Nam Seunghyun Viet Nam and would like to encourage the Government of Viet Nam to provide an enabling environment where freedom of expression, both online and offline, is protected While freedom of opinion is an absolute right, freedom of expression can be subjected to certain restrictions, but these shall only be such as provided by law and necessary with respect to: the rights or reputation of others; the protection of national security, public order, public health or morals Furthermore, any interference must be subject to careful and critical assessment of its necessity, legitimacy and proportionality When this law was drafted, it met a huge wave of refuse from citizens in both domestic and abroad Many feedbacks and opinions voiced out, but the Government neglected the involvement of citizens and business sectors Another concern from British Humanist Association in the response by oral statement during the Plenary session was quoted as “a climate of fear in Vietnam” According to the organization, the number of journalists and human rights defenders arrested has been increasing year upon year, and the government request the silence from its citizens upon social and political issues Meanwhile, Amnesty International counted 91 prisoners of conscience in Vietnam in its 2016 yearly report, the highest number in Southeast Asia, while eight of the 13 journalists imprisoned in the region are in Vietnam, according to the Committee to Protect Journalists b Freedoms of association and assembly These are guaranteed by the Constitution (Article 69) and legally protected in laws and by-law documents The Government also issued Decree 45/2010/NĐ-CP of April 21st 2010 on the Full Name: Do Thien Giang Class: Special Topic in Human Rights II Professor: Soh Chang-rok & Nam Seunghyun formation, operation and management of associations to create legal framework for citizens and organizations in Viet Nam to form their associations, establish mechanisms and policies targeting the operation of the association and guarantee the freedom of association of the citizens However, instead of considering it as “protecting the benefits of these organizations” as it is expressed by Vietnam State Government, it is criticized that the government aim to take control over these social groups VOICE, an unregistered NGO, aims to indirectly challenge the party by educating youth in the ways of independent civil society But under Vietnamese law, all social organizations, from sports teams to churches, must be member groups of the Vietnamese Fatherland Front (VFF), an umbrella organization controlled by the party As non-communist controlled organizations are effectively outlawed, UN regulations prevent its agencies from working with dissident groups Sunita Giri, head of the UN Resident Coordinator’s Office in Hanoi, acknowledged that their operations must be in line with Vietnamese law c Freedom of religion and belief In response to Chile’s recommendation (A - 143.139) and Belgium’s (A - 143.147) on the adjustment the regulatory and legal framework to comply with international human rights standards in order to guarantee freedom of religion, the Government issued Decree 92/2012/ND-CP on guidance for the implementation of the Ordinance on Religion and Belief The national report also indicated the diversity of religious practices in Vietnam, not only from religion, but also from traditional customs However, there are critics from Report of the Special Rapporteur on freedom of religion or belief, Heiner Bielefeldt in July, 2014 In the report, he stated that it was lack of clarity in the legal provisions that tend to give broad leeway to regulate, limit, restrict or forbid the exercise of Full Name: Do Thien Giang Class: Special Topic in Human Rights II Professor: Soh Chang-rok & Nam Seunghyun freedom of religion or belief in the interest of “national unity and public order” Other challenges originate from the tight control that the Government exercises on religious communities Whereas religious life and religious diversity are a reality in Viet Nam today, autonomy and activities of independent religious or belief communities, that is, unrecognized communities, remain restricted and unsafe, with the rights to freedom of religion or belief of such communities grossly violated in the face of constant surveillance, intimidation, harassment and persecution The Special Rapporteur sees the need for improvements and shares his recommendations with a view to maintaining a constructive dialogue and cooperation with the Government According to that, CERD was concerned at discriminatory provisions on ethnic and religious grounds, particularly articles and 15 of the Ordinance on Belief and Religion (2004), which forbade religious activities deemed to “violate national security” and “negatively affect the unity of the people or the nation’s fine cultural traditions” The Independent Expert on Minority Issues remained concerned by continuous reports that legitimate religious practices and peaceful protests by religious minorities – including ethnic minority Protestants, H’mong Christians and Khmer Buddhists – had resulted in restrictions on the freedoms of movement, expression and assembly, harassment and imprisonment She urged the Government to respect fully the rights of religious minorities and refrain from imposing unjustified restrictions or penalties on individuals and communities exercising their right to peaceful protest In return, Vietnam government rejected the report Regarding to H’mong Christians, the organization tried to mobilize the Hmong to convert from their traditional beliefs towards the goal of establishing the "Hmong Kingdom." This organization has threatened and prevented children from going to school, provoking and preventing local people and students from the support of the Full Name: Do Thien Giang Class: Special Topic in Human Rights II Professor: Soh Chang-rok & Nam Seunghyun relevant authorities, organizations and associations; Activities aimed at undermining public order, dividing the national unity These activities have clearly violated the law d Rights of inmates and detainees Viet Nam always respects basic human rights of detainees The law prohibits all actions harming the life, health, property, dignity and honour of the detainees Detainees have the right to meet their family, access to counsel or legal aid according to the law, access to information via newspapers, radio and television available in the detention facilities and have the right to petition against violations of the law and detention regulations  In fact, Vietnam rejected Austria’s recommendation to provide public information on the number of detention camp Some of citizens’ rights of an inmate are suspended during the sentence Other rights and freedom are still ensured and protected In 2011, the Government issued Decree 117/2001/NĐ-CP that regulates the organization and management of prisoners with which conditions of accommodation, meals, clothing, health care and other services have been improved  However, this Decree was criticized by the public to cause corruption among policemen, since they tend to receive lobby of prisoners’ family members Since the 2nd cycle of UPR, Since 2009, under the Amnesty Law, on four occasions, the State has granted special amnesties for 48,000 prisoners and postponed or temporarily suspended prison sentences for 600 offenders On the occasion of the National Day of 2013, Viet Nam granted Full Name: Do Thien Giang Class: Special Topic in Human Rights II Professor: Soh Chang-rok & Nam Seunghyun Amnesty for 15,449 inmates and suspended or ceased the sentence for 78 inmates Amnesty has been done publicly, showcasing the humanity and leniency towards inmates who have good conducts in prison Besides, the Government also issued Decree 80/2011/ND-CP on the 16th September 2011 providing the measures for re-integration of released inmates so as to help them stabilize their civil life e Right to a fair trial As reported by Lawyer’s Rights Watch Canada in 2017 as UPR Mid-term report, the Constitution of Viet Nam guarantees the right to a fair trial and prohibits arbitrary detention (Art 31 Constitution of 2013) Despite this, Viet Nam is engaged in the systematic interference with these fundamental rights and has imposed significant limitations on their exercise Viet Nam has faced widespread criticism for its failure to uphold due process and basic fair trial guarantees (…) Trials of political and religious activists in particular fail to meet international standards of fairness and due process The rights to be presumed innocent, to cross-examine witnesses and have access to counsel are routinely denied Reports for the UPR cycle in 2014, indicate that only to 11% of accused persons are legally represented and authorities continually use a variety of means to deny access to counsel or otherwise restrict the right to be represented by a lawyer.( ) Example: Nguyen Van Dai – lawyer, human rights defender and blogger Nguyen Van Dai is a human rights lawyer, active blogger and long-standing advocate for multiparty democracy On 16 December 2015, when Nguyen Van Dai was scheduled to attend further meetings with delegates of the European Union, he was arrested by state authorities in connection with the offence of ‘Conducting Propaganda against the Socialist Republic of Vietnam’ – the same provision under which he was convicted and detained in 2007 His house was searched, Full Name: Do Thien Giang Class: Special Topic in Human Rights II Professor: Soh Chang-rok & Nam Seunghyun items of property seized, and he was transferred immediately to a detention centre Since 16 December 2015, Nguyen Van Dai has been held incommunicado The violations of Nguyen Van Dai’s human rights are numerous: no evidence was provided to support his arrest or detention, Nguyen Van Dai has been held incommunicado and denied access to legal representation and has been denied contact with his family Nguyen Van Dai has not been brought before a court at any stage during the now over 13 months of his detention The only visits allowed have been by his wife twice, in October 2016 and January 2017 CONCLUSION By assessing the influence of UN Human Rights Mechanism to the transformation of human rights issue in Vietnam, I can say there have been numerous improvement Vietnamese citizens also get educated and gain more awareness about the issue However, regarding civil and political rights in Vietnam, it is a complicated and difficult issue to clarify if the government is doing the right strategies, or the government authorities are all afraid of the harm for their power, therefore, violating civil and political rights The reason I have such opinion is because 60 years after the war is not a long time to erase affection of it, and there are still many people who desire to gain back the Republic of Vietnam At some points, people can claim the freedom of speed and press are restricted, but if looking from another perspective, it can be a wise choice to stabilize the country political environment In the UPR National report in 2009, it was also stated that the maintenance of a peaceful and stable environment since national reunification in 1975 has been a major success and laid a firm Full Name: Do Thien Giang Class: Special Topic in Human Rights II Professor: Soh Chang-rok & Nam Seunghyun foundation for the protection and implementation of human rights in Viet Nam Despite difficulties, people’s living standards have been much improved In another note, it should be acknowledged that Human Rights, ultimately, was the product of Western-inspired documents, with political and economic power, they can bring the influence universally at some what extent However, not everything should be considered as standard Human rights violations deserve to be condemned Human rights can, but should not be used as a plot to interfere into the internal affairs of a country, especially, when human rights is proclaimed to be a reason for the waging a war In an interdependent world, human rights can only be respected and protected in an environment of peace, security, equity and sustainable development, wherein human values are upheld and protected The fight for human rights should go hand in hand with measures to prevent wars, conflicts, terrorism, poverty, famine, epidemic diseases, transnational crimes, ensuring equality without discrimination and etc which continue to threaten peace, security, independence and prosperity of all nations, hindering the promotion and protection of human rights the world over Full Name: Do Thien Giang Class: Special Topic in Human Rights II Professor: Soh Chang-rok & Nam Seunghyun REFERENCES: (1) https://dominhtuyen.wordpress.com/2013/11/17/viet-nam-tro-thanh-thanh-vien-hoi-dongnhan-quyen-lien-hiep-quoc-thuc-chat-cua-van-de-va-nhung-dieu-nguoi-dan-viet-nam-can-phailam-hien-nay-vietnam-becomes-a-member-of-human-rights-counc/ (2) https://english.vov.vn/politics/vietnam-to-report-to-un-on-human-rights-103709.vov (3) The Human right reader Major political writings, essays, speeches, and documents from the Bible to the Present, Micheline R.Ishay (author), Routledge (Publisher) (4) 1946 Constitution of the Democratic Republic of Vietnam (adopted November 1946) [1946 Constitution] (5) Embassy of the Socialist Republic of Vietnam in the United States of America (2007) Constitution Chapter Five: Fundamental Rights and Duties of the Citizen Retrieved Nov 17, 2007, from http://www.vietnamembassyusa.org/learn_about_vietnam/politics/constitution/chapter_five/ (6) Wilson, R A (1997) Human rights, culture and context Anthropological Perspectives London, Chicago, Illinois: Pluto Press p2 (7) Vu, C G & Tran, K (2016) Constitutional Debate and Development on Human Rights in Vietnam Asian Journal of Comparative Law, 11 (2016), pp 235–262 (8) https://www.ohchr.org/EN/Countries/AsiaRegion/Pages/VNIndex.aspx (9) The UN in Vietnam http://www.un.org.vn/en/the-un-in-viet-nam-mainmenu-37.html (10)The One Strategic Plan 2017-2021 http://www.un.org.vn/en/publications/doc_details/542-onestrategic-plan-2017-2021.html (11)http://www.un.org.vn/en/publications/doc_details/542-one-strategic-plan-2017-2021.html (12)See, for example: Human Rights Watch (HRW) World Report 2016 Vietnam, Events of 2015, https://www.hrw.org/world-report/2016/country-chapters/vietnam (13)VIET NAM Mid-term Report - Review of the implementation of recommendations with respect to the rule of law and the role of human rights defenders accepted by Vietnam during the UPR in 2014 https://www.upr-info.org/sites/default/files/document/viet_nam/session_18 january_2014/l4l-lawsociety-lrwc_vietnam_midterm_04_2017.pdf (14)A/HRC/WG.6/18/VNM/1 https://www.upr-info.org/sites/default/files/document/viet_nam/session_18 january_2014/a_hrc_wg.6_18_vnm_1_e.pdf (15)A/HRC/WG.6/5/VNM/2 https://www.upr-info.org/sites/default/files/document/viet_nam/session_5 may_2009/ahrcwg65vnm2e.pdf (16)A/HRC/WG.6/18/VNM/2 https://www.upr-info.org/sites/default/files/document/viet_nam/session_18 january_2014/a_hrc_wg.6_18_vnm_2_e.pdf (17)2RP Responses to recommendations and voluntary pledges https://www.upr-info.org/sites/default/files/document/viet_nam/session_18 january_2014/recommendations_and_pledges_viet_nam_2014.pdf Full Name: Do Thien Giang Class: Special Topic in Human Rights II Professor: Soh Chang-rok & Nam Seunghyun (18)Review of Vietnam human right 2017 https://www.rfa.org/vietnamese/news/blog/review-of-vietnam-human-right-201701052018070753.html (19) Vietnam’s quiet human rights crisis https://thediplomat.com/2017/04/vietnams-quiet-human-rights-crisis/ ... Schaefer said that countries with poor human rights records ran for a seat in the UN Human Rights Council in an effort to thwart criticism of the state's human rights records The countries in which... Nations Human Rights Commission”, published in the 2008 Political Research Quarterly, Martin S Edwards argued that nations with disrespect for human rights consider the entry into the Human Rights. .. Political Rights II BACKGROUND The United Nations Declaration of Universal Human Rights & The Covenant on Civil and Political Rights The United Nations Declaration of Universal Human Rights was