Corporate report

Vietnam - Country of Concern update: 30 June 2014

Updated 21 January 2015

This was published under the 2010 to 2015 Conservative and Liberal Democrat coalition government

The human rights situation in Vietnam remains of serious concern following the deterioration in the first quarter of the year, January to March. Harassment of human rights activists continue, the death penalty remains in use and freedom of expression is curtailed. The latter was tested by tensions in the South China Sea which sparked protests, some of which turned violent. However, high profile prisoners have been released, civil society continues to raise its voice and there was positive engagement from Vietnam on the Universal Periodic Review (UPR).

A succession of political prisoners was released at the end of March and during April. In March, human rights defender Nguyen Huu Cau was released after 33 years in prison. A further three releases followed in April: Cu Huy Ha Vu, Vi Duc Hoi and Nguyen Tien Trung.

Alongside other EU member states, the UK had strongly lobbied the Head of the EU Delegation in June 2013 to raise Vu’s case with the Vietnamese government. The Head of the EU then sent a letter to the Ministry of Public Security and we believe this contributed to Vu’s release.

At the end of June 2014, another prisoner, Do Thi Minh Hanh, was released after serving seven years in prison. She had been sentenced in February 2010 for her role in the group “Victims of Injustice” advocating on behalf of victims of land confiscation and poor employment conditions.

The UK welcomes these releases which gained domestic and international media coverage, as well as triggering debate on social media. The UK is also encouraged by the increasing role played by civil society in these discussions, and we will continue to meet with these groups and support their efforts to promote human rights.

Vietnam continues to see critics of the regime and human rights defenders targeted by the state. On 5 May, influential political blogger Nguyen Huu Vinh was arrested at his home in Hanoi and charged under Article 258 of Vietnam’s penal code for the “misuse of democratic freedoms to attack state interests and the legitimate rights and interests of collectives and citizens”. Vinh founded the Basam.info blog (or Anh Ba Sàm) and is a noted critic of China.

This was followed later in May by separate attacks on two human rights defenders. Nguyen Van Dai, a human rights lawyer, was attacked with glass in a cafe, whilst Tran Thi Nga was attacked by five assailants with iron bars en route to Giap Bat bus station in Hanoi. The UK lobbied strongly on both cases through the EU and, as a result, formal investigations by the Ministry of Public Security are now underway.

On 9 June, reported riots at the Mennonite church in Binh Duong were followed by the arrests of 29 pastors and 47 students. Facts are scarce and reports of the incident took some time to reach Hanoi. The UK is seeking to clarify what actually occurred.

On 26 June, the two-year prison sentence for blogger Truong Duc Nhatwas was upheld at appeal. Nhat, was sentenced in May 2013 for criticising the Prime Minister of Vietnam in his blog, “Another Point of View”.

The UK will continue to lobby Vietnam where appropriate to break the cycle of detentions, arrests and prison sentences for human rights defenders and others targeted on the grounds of freedom of expression and freedom of assembly.

On 11 May, there were public protests in Hanoi, Ho Chi Minh City and Danang against Chinese action in the South China Sea. Freedom of assembly, including political protest is heavily curtailed in Vietnam, so the UK welcomes the fact that this was allowed and protestors were able to express their views peacefully.

Between 13-15 May, there were violent protests in industrial zones in Hai Tinh and Binh Duong provinces. These targeted Chinese-owned businesses, although some Singaporean, Hong Kong and Taiwanese firms were also involved mistakenly. Significant criminal activity and the deaths of at least two people led to over 300 arrests in connection with the protests. Two individuals were eventually brought to trial and received custodial sentences.

This level of civil unrest is rare in Vietnam and, whilst the rallying cry was anti-China sentiment, poor working conditions were probably also a contributing factor. The authorities, clearly shaken by these events, reacted strongly to curtail any further activity; a demonstration planned for the 18 May in Ho Chi Minh City was forbidden.

At the end of June, Vietnam accepted 182 of the 227 recommendations it received under the Universal Periodic Review (UPR) process. Although the UK was disappointed that both of its recommendations were rejected (issuing a standing invite to all UN Special Procedures, and reducing the number of crimes subject to the death penalty by December 2014), it was encouraged that those accepted included creating an independent national human rights institution, granting legal status to more NGOs and civil society groups, and allowing more room for non-state media.

The UK believes this will set a framework for improving human rights in Vietnam and their international obligations as a member of the UN Human Rights Council. The UK will seek to work with the Ministry of Foreign Affairs on these UPR outcomes and continue to engage with civil society and other diplomatic missions.

In general, the status of lesbian, gay, bi-sexual and transgender people is progressing positively in Vietnam. However, in May, the National Assembly announced that the Draft Law on Marriage and the Family would not include Article 16, which would have recognised same-sex cohabitation and joint custody for children.

The UK is disappointed with this announcement, but encouraged by the swift response from civil society in campaigning for Article 16 to be re-introduced. The UK supports civil society action on LGBT rights and was represented at a popular civil society event celebrating International Day Against Homophobia and Transphobia in Hanoi.