Awareness, policy and implementation of human rights in Vietnam

DR. VI THI HUONG LAN
Institute of Scientific Socialism,
Ho Chi Minh National Academy of Politics

Human rights are a political-legal category that refers to all natural human rights that cannot be taken away by anyone and any regime. These are natural, sacred, and inalienable human rights, such as the rights to life, liberty, and the pursuit of happiness, the minimum human rights that must be protected by any government.

1. General concept of human rights

Since the emergence of class society, the idea and desire for a free, equal society with protection and respect for human rights has always been the burning dream of humanity. Since slavery appeared around the 8th century BC, associated with oppression and enslavement, thinkers and philosophers have appeared who have offered different interpretations of human rights. These ideas, which initially existed only in written and oral literature, or in religious philosophies, focused on rights such as the right to life, liberty, and the pursuit of happiness.

Feudalism continued with organizational and legal institutions that must protect the ownership regime of feudal landlords and maintain forms of exploitation of farmers and other working classes. Along with the state, the church with its harsh religious institutions that seriously violated human rights, which led to protests by the oppressed classes, but these protests were quickly suppressed.

The idea of promoting humanistic values, humanity, and freedoms only developed strongly during the Enlightenment period. This was the period when ideological trends promoting the rule of law and freedom of citizens developed strongly, becoming the banner of the bourgeoisie calling on the masses of oppressed people to fight against classes and strata that opposed the interests of the bourgeoisie.

Western thinkers such as Dutch philosopher B. Spinoza (1632 - 1877), English philosopher J. Locke (1632 - 1704), French philosopher J.J. Rousseau, German philosopher I. Kant (1724 - 1894) gave many profound ideas through their philosophical thinking, to find the true basis of human rights and seek to establish human rights in practice through proposing the implementation of new models and institutions, especially political institutions. This is the ideological premise for bourgeois revolutions to enforce human rights.

The bourgeois revolution in many countries such as England and France succeeded by raising the flag of positive, progressive ideas on the implementation of human rights: freedom, equality, and fraternity. These ideas are expressed in the Constitutions of many countries around the world, contributing to building a fairly complete and profound system of views on human rights.

It can be said that the political regime of capitalism has been established in association with the concept of human rights, the initial slogans being the right to life, the right to freedom, the right to equality, and the right to private property.

When the political regime controlled by the bourgeoisie was established and affirmed the institution of nationality, the citizens’ right to vote was attached to each individual. Those rights went from being just a claim to being recognized and guaranteed by state law, forming powerful institutions to protect people against human rights violations.

However, in reality, in early capitalist countries, political rights were not fully exercised for everyone, especially the working class and women. The most supreme human rights belong only to the bourgeoisie, for example, the right to participate in the political regime, the right to vote, the right to access basic social resources, etc. This is the biggest limitation of capitalist states. It was not until the twentieth century that women were allowed to vote in England in February 1918 (over 30 years old); Germany and Poland in 1918; America in August 1920, Spain in 1933, France in 1944, Switzerland in 1971, and so on.

Marxist - Leninist thinkers believe that humans are both a product of society and a product of nature, so when considering human rights issues, it is necessary to place them in specific historical circumstances “Rights can never be at a higher level than the economic regime and the cultural development of society determined by that economic regime”(1). The values of human rights brought about by the bourgeois-democratic revolutions are still heavily formal, while in reality, there is only freedom for the bourgeoisie, a very small part of society, while the majority of the working masses are not yet been liberated, and Capitalism maintains inequality in ownership, so the inequality is inevitable. Karl Marx wrote: “This equal right is always limited within the bourgeois framework”(2).

Engels wrote: “The capitalist appears: as the owner of the means of production, he appropriates the products and turns those products into commodities. Production has become a social act; Exchange and together with exchange comes appropriation, which are still individual acts, the acts of separate people: the product of social labor is possessed by the individual capitalist”(3).

Human rights do not come naturally, they are the result of historical development and social revolutions; There is no abstract right to equality. To have real equality, eliminating class privileges is not enough, differences in class must be eliminated. Oppositions from the economic field have created antagonisms in the political and spiritual fields, creating inequality in human rights in society. Therefore, it is necessary to build a new social regime to ensure the full execution of human rights in society.

“Proletarian revolution, the resolution of contradictions: The proletariat seizes social power and, thanks to that power, turns the means of social production that have escaped the hands of the bourgeoisie into the property of the entire society. By that action, the proletariat makes the means of production escape their former capitalist nature, allowing the social nature of the means of production to develop completely freely, etc. Humans, in the end, master their own social existence, thereby, also mastering nature, mastering themselves, becoming free people”(4), “It is man’s leap from the kingdom of necessity to the kingdom of freedom”(5).

Inheriting the ideas of K. Marx and F. Engels, V.I. Lenin clearly pointed out the repressive nature and serious violations of human rights and civil rights of the bourgeois judiciary.

When capitalism transitioned to the imperialist stage, with the oppression and enslavement of many capitalist countries in the colonies, blatant violations of human rights continued to take place, which is contrary to declarations of human rights in recorded documents. In particular, V.I. Lenin expanded individual rights to national rights, making it one of the basic and important principles in international law on human rights - the rights of national self-determination - to establish equality between countries and peoples, large or small, in international relations.

Rosa Luxemburg (1871 - 1919) was a revolutionary theorist and activist with great influence in the workers’ movement of the early 20th century. Rosa Luxemburg had many ideas about the liberation and development of people and human society, including profound research on political rights. She pointed out that, for capitalism, political power belonged only to the bourgeoisie. The bourgeois state was an instrument of domination, control, and conquest.

However, the proletariat cares more about cultural and democratic factors. For the proletariat, the political system serves as the basis for ensuring the free development of culture and democracy in national life through measures of protection and consolidation, not through imposition. The socialist state of the proletariat has only two important elements, which are democratic, cultural, and educational organizations.

“What is important for the working class are the conditions of political and spiritual maturity, the freedom to use their native language, the uncontrolled and unerring development of national culture (learning, literature, art) and the normal education of the masses, unaffected by nationalist pressure - may so far be “normal” in the bourgeois system”(6). In the national policy of the bourgeois state, there is no place for the spirit of solidarity and cooperation of different peoples. Solidarity and cooperation among ethnic groups are part of the nature of the socialist state.

Marxist theorists have been unified in perception and action to find solid scientific arguments about the human value of human rights, and at the same time come up with solutions to protect it. It can be affirmed that human rights are global standards, this is a political-legal issue that is both universal and specific. Universality is shown in the fact that human rights include principles and rights that are recognized and applied everywhere, it is the crystallization of human values of humanity that humanity must protect. The specificity is shown in that, depending on the economic - political, and social conditions, there will be specific levels to ensure implementation in association with the unique characteristics of the country.

In the contemporary world, many different political institutions coexist, even those that contradict each other, but they share a common understanding of human rights. The United Nations General Assembly adopted the Universal Declaration of Human Rights in 1948, which recognized an international approach to human rights globally. Through this document, human rights have become a universally applicable system of legal standards, which many countries have committed to respect and implement.

2. New understandings and the implementation of human rights in Vietnam - values of orientation for humanity

Regarding new understandings

In 1945, in the Declaration of Independence giving birth to the Democratic Republic of Vietnam, President Ho Chi Minh affirmed: “All people are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, liberty and the pursuit of Happiness”. Those immortal words in the Declaration of Independence are an affirmation of the epochal value of a nation that loves peace and desires independence. In other words, the right to life, liberty, and the pursuit of happiness are natural human rights that no one can violate or trample on. These are not only the rights of each individual but the rights of a people, a nation, and the rights of humanity.

Ho Chi Minh clarified that in the social regimes that existed since before the socialist revolution, only a minority of people have the right to life, the right to freedom, and the right to pursue happiness. The rest, the majority of the people are still hungry, exploited, and lose their freedom. Therefore, the rights to life, liberty, and the pursuit of happiness need to be realized for everyone. The right to life, liberty, and the pursuit of happiness of individuals must be linked to classes, nations, and humanity on a global scale.

Reality shows that Vietnam had to go through a painful period of history because the French colonialists took advantage of the flag of liberty, equality, and fraternity to rob our country and oppress our people. After nearly 100 years under colonial rule, there was absolutely no freedom or democracy, and basic human rights were not exercised. France’s actions went against the slogan Liberty - Equality - Fraternity in the Declaration of Human and Civil Rights of the French Revolution in 1789.

According to Ho Chi Minh, only a socialist social regime can fully enforce human rights. It is a social regime aimed at radical liberation and comprehensive human development. With that awareness, he fought for human conscience and dignity, building a good society in which everyone has a prosperous, free, and happy life.

Ho Chi Minh contributed to humanity a new value that shapes the future of human rights in all fields, ensuring and enforcing:

Firstly, socialism is about liberating people and bringing true happiness and prosperity to people. Fulfilling his wishes means that the nation will be independent, the people will be happy, and the people will be free: “1. Ensure that the people have food. 2. Ensure the people have clothes. 3. Ensure the people have shelter.

4. Ensure the people have education”(7).

In the context that Vietnam, having just escaped invasion and colonization, “the primary aim is to help the working people escape poverty, ensure everyone have jobs, be prosperous and lead a happy life”.(8). “Socialism is to make sure that people have enough food to eat, have enough clothes to wear, become increasingly happy, everyone can go to school, and when they get sick, they have medicine, when they get old and can’t work, they retire, and bad customs and habits will gradually be eliminated”(9). “Socialism is aimed at improving the material and cultural life of the people and is built by the people themselves”(10). A society in which the nation’s ethnic groups unite, are equal, respect, and help one another, and the economic, cultural, political, and spiritual lives of the people are increasingly guaranteed and constantly improved. A social regime upholds peaceful and friendly relations with all countries and peoples. Such socialism will ensure the substantive implementation of human rights.

Secondly, the subject of building a good society is the socialist human. Ho Chi Minh pointed out: “To build socialism, first of all, we need socialist people”(11). His thoughts not only express the desire and aspiration for radical liberation and comprehensive development of the Vietnamese people but also raise requirements for the personality qualities of the subject of building a new society - a socialist society.

Thirdly, the way to build a good society is to practice democracy. Ho Chi Minh wrote: “Our country is a democratic country

All benefits are for the people

All powers belong to the people

Renovation and construction work is the responsibility of the people

The cause of national resistance and construction is the people’s work

Governments from communes to the national government are elected by the people

Organizations from the central to commune levels are organized by the people

In short, power and force reside in the people”(12).

The Party “leads the entire people to implement new democracy and build conditions to advance to socialism”(13). Democracy plays a huge role; it is both a goal and a driving force of social development. Practicing democracy is the key to development. As, only by practicing democracy can we mobilize the maximum force of the entire people for socio-economic development, building, and protecting the Fatherland. “We must practice democracy, make the masses understand clearly, and make the masses enthusiastically participate to ensure success. The more people participate, the more complete and quicker the success becomes”(14).

Recognizing the value of his contributions, including the value of human rights, the 24th UNESCO General Assembly session in Paris (France) from October 20 to November 20, 1987, passed Resolution No. 24C/18.65 stating: “President Ho Chi Minh, an outstanding symbol of national self-affirmation, devoted his entire life to the cause of national liberation of the Vietnamese people, contributing to the common struggle of peoples for peace, national independence, democracy, and social progress”(15); “is the crystallization of thousands of years of cultural traditions of the Vietnamese people, and his thoughts embody the aspirations of peoples who wish to affirm their cultural identities and wish to strengthen mutual understanding between peoples”(16); a symbol of the integration of Eastern and Western cultural quintessence to contribute to building the personality qualities of the new socialist people.

In 1923, in the article Visiting a Communist Soldier – Nguyen Ai Quoc, Soviet journalist Osip Mandelstam commented: “The appearance of the person sitting in front of me, Nguyen Ai Quoc, also radiates something very polite and delicate, etc. From Nguyen Ai Quoc, a culture radiated, not a European culture, but perhaps a future culture”(17).

The Communist Party of Vietnam’s theory on democracy and human rights is boldly reflected in Party congress documents, directives and resolutions of the Party Central Committee, Politburo, especially Directive No. 12/CT-TW dated July 12, 1992 of the Politburo on “The issue of human rights and our Party’s views and policies” which succinctly expressed the views on democracy and human rights: Human rights are common values of humanity; In a society with class resistance, the concept of human rights is class-based; Human rights are associated with national independence and socialism; The rights and interests of the individual must always be associated with the rights and interests of the community, with national independence and socialism; Democratic rights and individual freedom are inseparable from civic duties and responsibilities. Democracy must go hand in hand with discipline and law; Human rights are always associated with history and traditions and depend on the level of economic and cultural development of the country. Respecting and ensuring human rights are first of all the responsibility of the State, and is the internal work of each country, it is impossible to impose or mechanically copy the standards and models of one country to another country in matters of human rights and democracy(18).

Achievements in implementing human rights in Vietnam

Since 1945, after the successful August Revolution, right at the first meeting of the new Provisional Government of Vietnam on September 3, 1945, President Ho Chi Minh proposed 6 urgent tasks that needed to be resolved: fight hunger; fight illiteracy and other social evils; carry out general elections with universal suffrage; practice diligence, frugality, and integrity; abolish poll taxes, market taxes, and boat taxes; implementing freedom of belief and solidarity among religions, and so on.

In order to gradually overcome crop failure and famine, he wrote a letter to the people nationwide to try to relieve famine, exhorting the people to fight famine and consider “the fight against famine as well as the fight against foreign invasion”(19). In his letter to Vietnamese farmers, he urgently called for: “Increase production! Increase production now! Increase the production again! That is our practical way to maintain freedom and independence”(20). In the article Why are our people hungry? How to relieve hunger? he pointed out to everyone that the most positive attitude is “to work with the Government to urgently implement the necessary methods to improve the situation, rather than sitting there and sighing, listening to propaganda that does not help us but only weakens and discourages us”(21).

He pointed out the close relationship between resistance and famine relief: “We have two essential and equally important tasks: Resistance and famine relief. We must resist to relieve hunger, but we must relieve hunger to resist”(22). Along with promoting the spirit of giving food and sharing clothes, as the role model, he turned it into action: “Fast one meal every 10 days, fast three meals a month. Save that rice (one cup of rice for each meal) for the poor”(23).

Along with the movement to eliminate hunger, President Ho Chi Minh launched a movement to eliminate illiteracy with the following method: “Those who are literate should teach those who are not literate... If the wife doesn’t know, the husband can teach her..., if the parents don’t know, the child can teach them..”.(24). Therefore, in just a short time, more than two million people learned how to read and write.

At the same time, the General Election was carried out only 5 months after the August Revolution in 1945, in January 1946 without distinction of gender, religion, or ethnic group.

This is an action to realize the viewpoint identified in the Party’s brief Political Platform (1930). A) In terms of society: a) The people are free to organize; b) Equal rights for men and women, etc.; c) Universal education based on industrial agriculture(25).

After unifying the country, under the leadership of the Party and with the consensus of the people, the process of economic and political renovation since 1986 has promoted economic development, quickly transforming Vietnam from one of the poorest countries in the world to a lower middle-income country. If in the first period of renovation (1986 - 1990) the average annual GDP growth was only 4.4%(26), then in the period 1991 - 1995 the average GDP doubled, reaching 8.2% per annum(27); Subsequent periods all had quite high growth rates; The period 2016 - 2019 reached an average of 6.8%(28). For four consecutive years, from 2016 to 2019, Vietnam ranked in the top 10 countries with the highest growth in the world and was one of the 16 most successful emerging economies(29). In 2022, GDP growth will reach 8.02%(30), the highest figure since 2011.

The scale and level of the economy have been raised, in 1989 it was USD 6.3 billion, by 2020 it reached about USD 268.4 billion, in 2021 the figure was USD 393 billion, in 2022 it was USD 409 billion(31). People’s lives, both materially and spiritually, have improved significantly. The average income per capita in 1985 only reached USD 159 /year, and by 2022 it will reach about USD 4,162 /year, ranking 117th in the world(32).

Achievements in human development are reflected in the HDI index, which tends to increase steadily and is quite stable. Vietnam’s human development index (HDI) in 2021 - 2022 is 0.703. With this result, Vietnam has entered the list of countries with high human development and is ranked 115 out of 191 countries and territories(33). HDI both represents humanity and is a comprehensive measure reflecting human development in the following aspects: health, education, and income. HDI helps create an overview of a country’s development, based on five criteria: 1) people are the center of development; 2) people are the target of development; 3) the improvement is made to people’s status (including enjoyment and contribution); 4) focus is put on creating equality for people in all aspects (e.g. religion, ethnicity, gender, nationality, etc.,); 5) opportunities are created to make the best choices for people economically, politically, socially, culturally, and so on.

Vietnam’s achievements in poverty reduction are very impressive. In 2022, Vietnam was elected to the United Nations Human Rights Council, term 2023 - 2025, as the sole representative of Southeast Asia. One of the proofs that convinced the international community are Vietnam’s achievements in hunger eradication and poverty reduction. The poverty rate nationwide has decreased from 58% in 1993 to 22% in 2005; 9.45% in 2010, 7% in 2015, and by the end of 2021 it will be 2.23% (according to the multi-dimensional poverty standard)(34).

Previously, Vietnam was elected to important agencies of the United Nations, such as non-permanent member of the United Nations Security Council, term 2008 - 2009, Human Rights Council, term 2014 - 2016, UNESCO World Heritage Committee, term 2013 - 2017, United Nations Economic and Social Council (ECOSOC) term 2016 - 2018.

From April 3 to April 4, 2023, at the headquarters of the United Nations Office in Switzerland, the United Nations Human Rights Council unanimously adopted a Resolution commemorating the 75th anniversary of the Universal Declaration of Human Rights (UDHR) and 30 years after the Vienna Declaration and Program of Action (VDPA) was proposed and drafted by Vietnam. The resolution was passed by consensus, with co-sponsorship from 98 countries (including 14 co-authors: Vietnam, Austria, Bangladesh, Belgium, Bolivia, Brazil, Chile, Costa Rica, Fiji, India, Panama, Romania, South Africa, and Spain), expressing the common concerns and priorities of countries and the international community, attracting the response and support of a large number of countries, and receiving high appreciation from all parties. This is an outstanding mark of Vietnam right in the first session as a member of the Human Rights Council for the 2023-2025 term.

With more and more achievements, Vietnam is spreading the values of human rights in socialism, affirming its own values deeply imbued with the country’s traditional culture in harmony with the values of humanity, shaping and enforcing human rights in the new, progressive, and humane context.

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Received: September 24, 2023; Revised: October 8, 2023; Approved for publication: October 18, 2023.

l Endnotes:

(1), (2), (3), (4), (5) K.Marx and F.Engels: Complete Works, vol.19, National Political Publishing House, Hanoi, 1995, pp.36, 34, 331, 333, 331.

(6) Rosa Luxemburg: The National Question, marxists.org, 1909.

(7), (19), (20), (21), (22), (23), (24) Ho Chi Minh: Complete works, vol.4, National Political Publishing House, Hanoi, 2011, pp.175, 109, 135, 126, 127, 33, 40-41.

(8) Ho Chi Minh: Complete Works, vol.12, ibid., p.415.

(9), (10), (11) Ho Chi Minh: vol.13, ibid., pp.438, 387, 66.

(12) Ho Chi Minh: Complete Works, vol.6, ibid., p.232.

(13), (14) Ho Chi Minh: Complete Works, vol.7, ibid., pp.41, 362.

(15), (16) Ho Chi Minh Museum: Documentary information, Internal Bulletin, No.25, September 2009, vol.1, Minutes of the UNESCO General Conference, 24th session in Paris, from October 20 to November 20, 1987.

(17) Ho Chi Minh: Complete Works, vol.1, ibid., p.462.

(18) The Government’s Steering Committee on Human Rights: Document summarizing Directive No.12 of the Party Central Committee Secretariat on “Human rights issues and our Party’s viewpoints and policies”, National Political Publishing House, Hanoi, 2012, p.13.

(25) Ho Chi Minh: Complete Works, vol.3, ibid., p.1.

(26), (27) Vo Hong Phuc: Socio-economic achievements through 20 years of renovation (1986 - 2005), National Political Publishing House, Hanoi, 2006, p.141.

(28) http://baochinhphu.vn/Kinh-te/...

(29) https://nhandan.com.vn/nhan-di....

(30) https://baochinhphu.vn/gdp-nam...

(31) https://www.qdnd.vn/kinh-te/ti....

(32) https://kinhtetrunguong.vn/kin....

(33) https://nhandan.vn/chi-so-phat....

(34) https://www.xaydungdang.org.vn/nhan-quyen-va-cuoc-song/thanh-tuu-ve-xoa-doi-giam-ngheo-cua-viet-nam-17856.