Implementing human rights in Vietnam: undeniable values

Dr. NGUYEN DINH QUYNH
MA. TRAN THI THANH TAM
Academy of Politics Region I

1. Introduction

“Human rights as the embodiment of freedom”(1), “are the result of humanity’s struggle to liberate themselves from slavery and dependency, striving for a good life, deserving human honor and dignity”(2). “Human rights are also global legal guarantees that help protect individuals and groups against actions that harm human dignity to achieve basic human freedom”(3). Human rights are universal values that all people and countries in the world strive for, and each country has its own characteristics.

In Vietnam, the Constitution and laws always fully reflect the basic human rights as outlined in the 1948 Universal Declaration of Human Rights and the United Nations International Conventions on Human Rights. However, due to differences in culture, history, politics, and legal systems of each country, there are many different interpretations. Additionally, human rights or the rights of humans, are always a sensitive and complex field that hostile forces exploit to distort, sabotage, and find reasons for intervention.

To carry out dark political plots, hostile forces continuously release distorted and slanderous information through the mass media, publishing reports that are dishonest, lack objectivity, and are groundless regarding the implementation of human rights in Vietnam. They organize seminars, hearings, collect signatures and send these documents to international organizations calling for action and intervention for in the name of human rights.

These actions cause the international community to misunderstand, perceive unsympathetically, and incorrectly evaluate democracy, human rights, and the process of implementing human rights in Vietnam, thereby lowering the reputation of the Party and the State of Vietnam. This leads to “self-evolution” and “self-transformation” internally, which creates opportunities for reactionary elements to entice and incite sabotage, and destabilize political security.

Therefore, providing practical results and achievements of Vietnam in the field of human rights, thereby identifying and fighting against wrong and distorted views on human rights in Vietnam contributes to strengthening the people’s confidence in the Party’s leadership, and maintaining Vietnam’s position and reputation in the international arena.

2. The distorted arguments of hostile and reactionary forces regarding the implementation of human rights in Vietnam

Hostile and reactionary forces take advantage of the issue of human rights to sabotage the Vietnamese revolution in various ways. They take advantage of social networks and the internet to propagate, distort, and deny Vietnam’s achievements and practical values of human rights during the renovation period. They issue “announcements”, “reports”, “resolutions”, and “hearings” with distorted content claiming that Vietnam goes against international human rights criteria, accusing Vietnam of systematically violating civil and political rights. Recently released reports by non-governmental organizations such as: Freedom House, Human Rights Watch, Amnesty International, or even the 2022 Human Rights Report by the US State Department, all have shown subjective assessments and baseless arguments about the human rights situation in Vietnam. The main methods and tactics of these organizations and hostile forces regarding human rights issues usually focuses on the following contents:

Firstly, focus on attacking Vietnam’s political regime

Reactionary groups such as “Viet Tan”, “Dan Luan”, “Falun Cong”, “Hoong Vang”, “Republic of Vietnam” continuously post distorted articles on reactionary websites such as: “Nguoi Viet Online” “, “Patriotic Diary”, “People’s Journalism”, etc. Extremists living in exile abroad also spread news stories on social networks such as on Facebook, YouTube, personal blogs or protest chat groups, etc., with content attacking Vietnam’s political regime. They believe that Vietnam is a one-Party regime, a “monopoly”, and thus it cannot have democracy or human rights. They then spread and defame Vietnam with fabricated, baseless evidence and called for “pluralism, multi-party” to demand for democracy and human rights in Vietnam.

These arguments show disrespect for Vietnam’s political institutions, because an independent and sovereign country has the freedom to choose its suitable political institutions, as recognized in the International Convention on Civil and political Rights of the United Nations.

Practical experience in many countries around the world has also demonstrated that democracy is not exclusive to multi-party systems, and a country with many parties does not necessarily have more democracy. The key point is whether the operation of that political system can ensure the will, rights and legitimate interests of the people or not. Therefore, judging the political system, and thereby judging the implementation of human rights in Vietnam, goes against basic understanding of human rights and the rights to freely choose political institutions of each nation, which has been internationally recognized.

Secondly, defaming the election activities in Vietnam

On the news websites of foreign hostile forces such as the BBC, RFA, etc., they publish articles distorting that “the parliamentary elections are all chosen by the Party and independent candidates are banned.” The US State Department’s annual human rights report published on April 12, 2022, criticized the State of Vietnam for “not being a state of the people, preventing and suppressing the people’s rights to participate in politics”; claiming that “citizens cannot choose their government through free and fair elections, conducted in the form of secret ballot voting, to ensure freedom of expression and the will of the people”. These are arbitrary and baseless judgments. In reality, Vietnam’s elections are always conducted democratically, openly, transparently, in accordance with the law, with a very high voter turnout rate, demonstrating consensus and support of the entire Vietnamese population.

Thirdly, distorting the issue of freedom of religion and beliefs in Vietnam

On various online platforms, some dissatisfied elements, political opportunists, and hostile forces fabricate and slander that: Vietnam oppresses and deprives ethnic minorities of their human rights; That Vietnam does not have provisions for ensuring the rights of “indigenous people”, “Vietnam practices racial discrimination”, Vietnam does not have religious freedom, Vietnam suppresses religion, Vietnam “harasses, “attacks, arrests, prosecutes, and monitors” religious believers; Vietnam refuses or does not respond to applications for registration or permission from independent religious organizations(4), and so on.

These distorted pieces of information have caused many non-governmental organizations working in the field of human rights and some Western countries to have a biased , unfriendly view, leading to false assessments about human rights in Vietnam. For instance, on January 4, 2024, US Secretary of State A. Blinken published an annual report on the so-called “Designation countries that commit or tolerate particularly serious violations of religious freedom in 2023”. This report continued to place Vietnam on the special monitoring list for religious freedom, accusing Vietnam of “serious violations of religious freedom”.

Some Vietnamese organizations and individuals abroad have also collaborated with international reactionary organizations, exploiting domestic disputes and complaints related to land and places of worship to exaggerate and politicize the issue to incite believers to demand “religious freedom” and “national autonomy”, even sponsoring sabotage and disruptive activities.

With the help of foreign forces, domestic reactionary elements have enticed and incited ethnic people in the Central Highlands to demand secession and autonomy, to establish an independent state and to organize terrorist activities, aiming to divide the great national unity bloc.

Fourthly, accusing Vietnam for obstructing freedom of speech, freedom of the press, and freedom of association

On reactionary information sites, and by exploiting social networks, hostile forces try to spread distorted arguments claiming that, “Vietnam does not have press freedom”; Vietnam “covers up” information, “bans” and “gags” people, preventing people from speaking freely. Those with ill intentions will also base their claims on specific incidents and individuals violating the regulations of the Vietnamese State to claim that Vietnam is politically attacking people participating on the internet, repressing the online environment, and rank Vietnam as one of the countries with the “least internet freedom” in the world.

They claim that Vietnam “suppresses bloggers” and “detains journalists” while those arrested are taking advantage of democratic freedoms and posting distorted and false information to propagandize against the Party and State. They have deliberately ignored the fact that journalism and internet activities must comply with the law. The Universal Declaration of Human Rights (1948) clearly states that the individual’s obligations to the community when enjoying personal freedoms, meaning there is no absolute freedom of speech, freedom of the press, or standing outside society; Freedom of the press and freedom of speech must be associated with social responsibility, for common progress and development, and cannot go against the common values and security of the community.

Fifthly, accusing and distorting Vietnam’s criminal policy and prisoner detention regime

On reactionary news sites, hostile forces misrepresent that: Vietnam unfairly applies the Penal Code, especially Articles 113, 116, 117 and 331, and that the Vietnamese Government Arbitrarily arrests and prosecutes individuals, using torture and humiliating detainees, applying the death penalty without disclosing the number or identity, and obstructs the defense activities of lawyers... Some organizations under the guise of “democracy” and “human rights” such as: International Commission of Jurists (ICJ), Committee to Protect Journalists (CPJ), United States Commission on Religious Freedom (USCIRF)... brazenly call on Vietnam to release prisoners they label “prisoners of conscience”... Even reactionary organizations such as the Vietnam Human Rights Network, a self-proclaimed US-based organization, in addition to publicizing annual human rights reports, also gives so-called “Human Rights Awards” to a number of subjects who have been publicly tried in accordance with the Constitution and laws of Vietnam and are currently serving prison sentences for crimes against the State.

Sixthly, exploiting children’s rights and women’s rights as a “shield” for anti-government and distorted rhetoric

They exploit specific incidents such as the “Tinh That Bong Lai” incident to claim that “Vietnamese children have lost their right to life”, claiming that their rights are violated, and that their psychological well-being is affected. While in these cases, children are victims of criminals, and the prosecution of these crimes is to protect the rights of children; Children’s rights are always respected and protected by Vietnamese law.

They also fabricate that Vietnam discriminates against women, violates gender equality, and that women do not have equal rights, while the advancement of women is always the goal of the Party, the State of Vietnam, and the whole Vietnamese community.

Furthermore, they claim that the Vietnamese government “delayed” promulgating the Law on Demonstration and the Law on Association, vigorously promoting the establishment of organizations, associations and groups such as the “Women’s Human Rights Association” and the “ Friendship Association”, etc., using the names of women to express the “will” and “aspirations” of the people. All of this is nothing rather than a plot to sabotage and carry out “peaceful evolution”.

In fact, the above rhetoric “in the name of justice” and “struggling for freedom, democracy, and human rights” are a plot to promote “self-evolution”, “self-transformation” with the aim of “overthrowing” the Party, and abolishing the socialist regime in Vietnam, enticing Vietnam to follow the capitalist path. The hostile forces ignore the fact that the organizations and countries themselves loudly accusing Vietnam of violating democracy and human rights have themselves launched wars, directly violating the right to “life” - the most basic human right; And they also interfered in internal affairs, carrying out “color revolutions” to overthrow governments, causing instability and seriously affecting the realization of human rights in many countries around the world.

3. The vivid reality reflecting the achievements of implementing human rights in Vietnam

Protecting and promoting the implementation of human rights is always a consistent viewpoint in all guidelines and policies of the Party, as well as the policies and laws of the State of Vietnam. The Communist Party of Vietnam always affirmed: “Respect, ensure, and protect human rights, the rights and obligations of citizens as stated in the 2013 Constitution; linking citizenship rights to civic obligations and responsibilities toward society”(5).

Vietnam has actively participated in most international human rights conventions promulgated by the United Nations and international organizations such as: International Covenant on Civil and Political Rights, 1966 (ICCPR), International Covenant on Economic, Social and Cultural Rights (1996), Convention on the Elimination of All Forms of Discrimination against Women (1979), United Nations Convention on the Rights of the Child (1989), International Convention on the Rights of Persons with Disabilities (2007), and so on.

Vietnam has also actively built and perfected its legal system with efforts to internalize international principles and standards on human rights, ensuring harmony between national law and international law. Through amendments to the Constitution, Vietnam’s human rights regulations have become more and more complete and comprehensive, with a milestone in the constitutional activities on human rights being the 2013 Constitution with 36 specific articles on human rights, and the rights and obligations of citizens. Since then, hundreds of laws and ordinances on ensuring human rights have been continuously promulgated, including important laws such as the Civil Code 2015, the Referendum Law 2015, and the Law on Children 2016, the Law on Beliefs and Religions 2016, the Press Law 2016, the Law on Cyber Security 2018, the revised Labor Code 2019, etc., creating a clear legal framework to protect and promote human rights in Vietnam.

In particular, the 2015 Penal Code (amended and supplemented in 2017) abolished the death penalty for eight crimes; not applying the death penalty to people under 18 years old, pregnant women, women raising children under 36 months of age, and people who are 75 years old or older at the time of committing the crime, and so on.

Ensuring the right to life is also concerned with economic and social aspects through the implementation of sustainable development goals; increasing access to maternal and newborn health care services; Taking emergency relief measures for areas severely damaged by natural disasters. Therefore, during the renovation period, poverty rates and maternal and infant mortality rates decreased significantly.

Regarding the right to freedom of belief and religion, Vietnam has built a solid legal framework to ensure this right in the 2013 Constitution, the 2016 Law on Belief and Religion and Decree No. 162/2017 by the Government, which for the first time stipulates that religious organizations are non-commercial legal entities. The law has adjusted many regulations on time, and procedures to facilitate religious activities, and so on.

In reality, the Party and the State of Vietnam always strive to ensure human rights, which include civil and political rights such as the right to life, and the right to personal inviolable, honor, dignity; the rights to vote and stand for elections, the right to access information and freedom of speech, the freedom of the press, etc. Economic, social and cultural rights such as: the right to work, to have income, to own property, the right to medical care, the right to health assurance, the right to education, etc., is emphasized by the Party and the State through socio-economic development programs and social security policies.

Vietnam also pays special attention to ensuring human rights for vulnerable groups in society such as children, women, people with disabilities, ethnic minorities, and people with HIV/AIDS. In fact, the rights of these groups have achieved many positive results in terms of criteria, such as: increasing the availability of services; equal access and quality of services and opportunities; expanding the coverage level of the social insurance system and providing it at a reasonable cost, etc.

In the election of deputies to the 15th National Assembly (term 2021-2026), the number of female National Assembly deputies was 151 people, accounting for 30.26% (the highest ever); The proportion of ethnic minorities in the 15th National Assembly is 89 deputies, accounting for 17.84%. Since the 2017-2018 school year, 22 provinces and cities have organized ethnic minority language teaching (715 schools); 8 languages of ethnic minorities are included as subjects; 6 sets of textbooks published in ethnic minority languages, and so on.

With these efforts, many indicators show that human rights in Vietnam are increasingly guaranteed, and the lives of the people are increasingly improved. Specifically, the rate of poor households according to the country’s multidimensional poverty benchmark has decreased sharply from 9.88% at the end of 2015 to just under 3% in 2020(6). The Human Development Index (HDI) also increased by two places on the global rankings in 2021, reaching 0.703, taking position 115 out of 191 countries and in the high-medium group of the world(7).

The results achieved in perfecting institutions and laws and ensuring human rights in Vietnam have been recognized internationally. The United Nations Development Program report on Global Human Development for 2021-2022 that Vietnam has done well in ensuring human rights, even during the most difficult period of the Covid-19 pandemic(8).

On October 11, 2022, Vietnam was honored to become a member of the United Nations Human Rights Council for the second time, a clear testament affirming the international community’s trust in Vietnam in the field of human rights. Confident with these great achievements, at the recent United Nations conference, Prime Minister Pham Minh Chinh declared: “I am ready to dialogue with anyone about Vietnam’s human rights, etc.”(9).

4. Improving the effectiveness of fighting against slanderous and distorted allegations about human rights in Vietnam

Effectively deploying and enforcing the Constitution and laws on human rights and fighting against wrong and hostile arguments in the new situation, the Party and the State of Vietnam have issued many documents and directives, resolutions such as: Directive No. 44-CT/TW dated July 20, 2010, of the 10th Party Central Committee Secretariat on human rights implementation in the new situation; Decision No. 366/QD-TTg by the Prime Minister dated March 14, 2011, on Promulgation of the plan to implement Directive 44-CT/TW, dated July 20, 2010, of the Secretariat on human rights in the new situation, Resolution No. 35-NQ/TW by the Politburo dated October 22, 2018, on “Strengthening the protection of the Party’s ideological foundation, fighting against wrong and hostile views in new situation”. In particular, the Politburo emphasized: Protecting the Party’s ideological foundation is a fundamental and important task that impacts the survival of the Party’s building work”(10). The 2018 Cyber Security Law also creates an important legal basis to prevent, detect, and stop acts exploiting social networks and human rights to sabotage Vietnam.

Clearly identifying the plots and sabotage tactics of hostile forces, combined with the support and denunciation from the public, the police force coordinates closely with functional forces to promptly detect and fight and promptly prevent slanderous and distorted allegations from hostile forces. Many cases were detected, and many subversives were brought to trial before the law.

However, the work of fighting to prevent and refute false and hostile allegations about human rights still has some limitations such as: the content and methods of fighting are not abundant and effective enough; The awareness and capacity of the specialized team are still limited; Propaganda and education work to raise social awareness about ensuring human rights has not been promoted; The role of press and media agencies has not met practical requirements, etc.

To further improve the effectiveness of the fight to protect the Party’s ideological foundation and counter distorted claims about human rights in Vietnam, it is necessary to synchronously implement the following solutions:

Firstly, strengthen the Party’s leadership and direction on human rights issues

It is necessary to thoroughly grasp and strictly implement the Party’s views and policies on human rights in Vietnam. Effective promote the implementation of Directives and Resolutions of the Secretariat, the Politburo, and the Prime Minister on strengthening the protection of the Party’s ideological foundation, fighting against wrong and hostile views in the current situation. Regularly and proactively grasp the situation, forecast plots and tricks of hostile forces in the field of human rights to proactively develop programs, plans, or propose appropriate response solutions.

Secondly, enhancing propaganda, education, and awareness among cadre, party members, and people about human rights

Continue to promote propaganda and education so that cadres, party members and the people: firmly grasp the viewpoints and policies of the Party and the State on human rights; effectively fight acts that violate human rights, and the legitimate rights and interests of the people; Enhance “resistance” and “immunity” to maintain the people’s support in confronting the sabotage plots and tricks of hostile forces. Cadres and party members need to promote their role as “pioneer soldiers” on the front of protecting the Party’s ideological foundation, setting a good example, and actively practicing democracy, and ensuring human rights.

Thirdly, renovate the content and methods of fighting against false and distorted allegations about human rights implementation

Continue to improve and renovate the content and diversify forms of fighting against false and distorted allegations on the basis of maintaining the principles of flexibility, legality, openness, and democracy, contributing to building consensus and support from the public opinion. Clearly define specific content and measures for each task to suit the actual situation. Closely combine direct and indirect methods of struggle. Build and improve the mechanisms for assignment and coordination among specialized agencies, ministries, departments, and branches at the Central and local levels in resolving hot spots and sensitive issues related to democracy, human rights, religion, ethnicity, and so on.

Fourthly, strengthening inspection, supervision, review, and learning from the experience in fighting against false and distorted allegations in the field of human rights

Enhance inspection and supervision to promptly prevent and strictly handle violations of the law that take advantage of human rights issues to sabotage and cause socio-political instability in Vietnam. Listen to people’s opinions, promptly receive feedback from public opinion and socio-political organizations to improve the effectiveness of protecting human rights and fighting against distorted allegations.

Regularly review, summarize, and learn from the experience in the fight against wrong and hostile views that take advantage of human rights. Strengthen inspection and supervision of the process of fighting against distorted allegations by specialized and competent agencies. Promptly detect and commend individuals and organizations actively fighting against plots and tricks of hostile forces in the fields of democracy and human rights.

Fifthly, promoting the role of press and media agencies in combating against slanderous and distorted allegations about human rights

Raise the awareness of leaders of press and media agencies about their roles and responsibilities in fighting against distorted arguments about human rights and protecting the Party’s ideological foundation; Continue to synchronously build and deploy solutions on organizing forces, choosing appropriate content and forms of struggle. Focus on training, fostering, and improving professional qualifications, skills, and political theory for staff working in journalism and communications. Renovate the content of news and articles with sharp, highly convincing arguments, and evidence to effectively fight against the increasingly sophisticated and cunning tricks of hostile forces on the issue of human rights.

5. Conclusion

Human rights are both a universal value of humanity and the result of the long-standing struggle of the Vietnamese revolution. Therefore, the consistent and throughout viewpoint of the Party and the State of Vietnam is: respect, protect, and ensure the implementation of human rights.

In the face of hostile forces taking advantage of human rights issues to sabotage the Party and the State, cadres, party members and the people must alertly identify and vigorously fight against slanderous and distorted allegations. This effort contributes to protecting the Party’s ideological foundation, maintaining socio-political stability, promoting the sustainable development of the country and also contributes to ensuring the highest and legitimate rights and interests of the Vietnamese people.

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Received: November 10, 2023; Revised: February 24, 2024; Approved for publication: February 27, 2024.

Endnotes:

(1) K.Marx and F.Engels: Complete works, vol.1, The Truth National Political Publishing House, Hanoi, 1995, p.183.

(2) Doan Truong Thu: Human rights in social progress, Political Theory Publishing House, Hanoi, 2018, p.106.

(3) OHCHR: Frequently asked questions on a humanrRights-based approach to development cooperation, New York and Geneva, 2006, p.1.

(4) Announcement dated December 2, 2022, of the US Department of State.

(5) CPV: Documents of the 13th National Party Congress, vol.I, Truth National Political Publishing House, Hanoi, 2021, p.71.

(6) CPV: Documents of the 13th National Party Congress, vol. II, ibid, p.43.

(7) Trinh Thi Hanh: “The relationship between economic growth and cultural development in Vietnam today: Issues raised”, Journal of Culture and Arts, No.524, 2023, (35-37), p.36.

(8) Phuong Ho: “Vietnam always actively protects and promotes human rights”, https://www.vietnamplus.vn/viet-nam-luon-tich-cuc-bao-ve-va-thuc-day-Quyen-con-nguoi-post835076.vn, 2022.

(9) Vietnam’s strong affirmation of human rights (antv.gov.vn).

(10) Ho Chi Minh National Academy of Politics: Be steadfast, protect the Party’s ideological foundation, fight to refute wrong and hostile views, Political Theory Publishing House, Hanoi, 2019, p.5.