In Dialogue with Viet Nam, Experts of the Committee on the Elimination of Racial Discrimination Commend the Representation of Ethnic Minorities in the National Assembly, Ask about the Criminalisation of Political Defectors and of Religious Activities by Minorities
The Committee on the Elimination of Racial Discrimination today concluded its consideration of the combined fifteenth to seventeenth periodic report of Viet Nam, with Committee Experts commending the State on the representation of ethnic minorities in its National Assembly, and asking about the criminalisation of political defectors and of religious activities by minorities.
Sheikha Abdulla Ali Al-Misnad, Committee Expert and Country Rapporteur, noted with satisfaction that the National Assembly quota of 18 per cent representation by ethnic minorities appeared to have nearly been met. Were there any existing or expected quotas within the Communist Party Central Committee and at the communal level?
Chinsung Chung, Committee Expert and Country Co-Rapporteur, said the Penal Code criminalised “fleeing abroad or defecting with a view to opposing the people’s administration”. This provision had been applied to ethnic minorities and indigenous human rights defenders. How did the State party ensure the proportionality, necessity and certainty in the limitation of the right of freedom of movement? What complaint mechanisms were available for persons charged with this crime?
Ms. Al-Misnad said the Committee had received a large volume of credible reports on actions by the State to prohibit and criminalise the enjoyment of religious and cultural activities by ethno-religious minority groups. There were several instances in which individuals had faced harassment, intimidation, torture and inhumane treatment by officials trying to force them to renounce their faith. What guarantees were in place to ensure that registration requirements were not arbitrarily applied to curtail the rights of ethnic minority groups?
Introducing the report, Y Thong, Deputy Minister, Vice Chairman of the Committee for Ethnic Minority Affairs of Viet Nam and head of delegation, said Viet Nam had introduced numerous programmes and policies for ethnic minorities and mountainous areas, producing encouraging results. Ethnic minorities enjoyed preferential policies in education, healthcare, vocational training, employment, land, housing, credit access and production support, among others. Ethnic groups had the right to use their language and writing, preserve their ethnic identity, and promote their customs, traditions and culture.
The delegation said there was no discrimination of ethnic minorities in the application of the law on fleeing abroad or defecting with a view to opposing the administration. The penalty for defecting was 20 years imprisonment. Only Vietnamese nationals were subject to this law. Persons who fled abroad but who did not intend to attack the administration were not punished. There were no cases of enforced disappearance by the State.
Viet Nam respected the freedom of belief, faith and religion, the delegation said. Over 1,000 religious organizations had been registered since a new law on religious organizations came into effect. Registration intended to ensure that religious organizations did not violate Vietnamese law. Viet Nam would not prosecute any persons for religious reasons; only persons who violated the law were prosecuted.
In concluding remarks, Ms. Al-Misnad thanked members of the delegation for their cooperation with the Committee throughout the dialogue. To achieve national unity and security, respect and protection of the human rights of all people in the country was needed. There were many reports of repression in the State. The State needed to provide more freedom for minority groups, she said.
Mr. Thong, in concluding remarks, said Viet Nam was interested in ensuring the rights of ethnic minorities. The elimination of racial discrimination was a challenging task that the world needed to work together to address. Viet Nam would work wholeheartedly with the Committee to ensure the rights of all its ethnic minorities.
The delegation of Viet Nam consisted of representatives of the Committee for Ethnic Minority Affairs; Ministry of Foreign Affairs; Ministry of Health; Ministry of Information and Communications; Ministry of Education and Training; Ministry of Planning and Investment; Ministry of Culture, Sports and Tourism; Government Office; Supreme People’s Procuracy; Ministry of Labour, War Invalids and Social Affairs; Ministry of Justice; Government Committee for Religious Affairs; Justice of the Supreme People’s Court; and the Permanent Mission of Viet Nam to the United Nations Office at Geneva.
The Committee will issue its concluding observations on the report of Viet Nam after the conclusion of its one hundred and eleventh session on 8 December. Summaries of the public meetings of the Committee can be found here, while webcasts of the public meetings can be found here. The programme of work of the Committee’s one hundred and eleventh session and other documents related to the session can be found here.
The Committee will next meet in public on Monday, 4 December at 10 a.m. to hold a meeting with States parties to the Convention.
Report
The Committee has before it the combined fifteenth to seventeenth periodic report of Viet Nam (CERD/C/VNM/15-17).
Presentation of Report
Y THONG, Deputy Minister, Vice Chairman of the Committee for Ethnic Minority Affairs of Viet Nam and head of delegation, said Viet Nam was a unified country consisting of 54 ethnic groups, among which 53 were ethnic minority groups, with a population of over 14 million people, accounting for 14.7 per cent of the total population of the country. Human rights, including the rights of ethnic minorities and foreigners residing and working legally in Viet Nam, were recognised in the 2013 Constitution. The principles of non-discrimination and equality among all members of the community were at the core of the constitutional system and were also realised through relevant legislative reforms.
The equality of ethnic groups was guaranteed by the Constitution and law. The majority of Viet Nam’s ethnic minorities resided in mountainous, highland, remote and disadvantaged areas, with difficulties in economic and social development. The Vietnamese Government emphasised enhanced solidarity to create conditions for ethnic minorities to unleash their potential and integrate into overall development. Every individual was protected by the law in terms of political rights, personal rights and property.
Since 2013, the Vietnamese legal system had been continuously developed, including to ensure the rights and legitimate interests of ethnic minorities. Over the past decade, the National Assembly of Viet Nam had promulgated 125 laws, including 352 articles directly stipulating the rights and obligations of ethnic minorities. Acts of racial discrimination and activities that promoted racial division and prejudice were strictly prohibited and severely punished under Vietnamese law.
The drafting of national reports involved the participation and contributions of central and local government agencies, political and social organizations, and civil society. When drafting legal documents and policies, the State needed to conduct consultations with the affected parties, including ethnic minority people. Social criticism by media agencies, press and mass organizations for the promotion of the rights of ethnic minority people was always encouraged.
Viet Nam had introduced numerous programmes and policies for ethnic minorities and mountainous areas, producing encouraging results. Ethnic minorities enjoyed preferential policies in education, healthcare, vocational training, employment, land, housing, credit access and production support, among others. They also benefitted from direct investment projects such as the development of resettlement areas. Ethnic groups had the right to use their language and writing, preserve their ethnic identity, and promote their customs, traditions and culture. The rights to property, ownership rights for investment capital, and other legitimate interests of foreign investors was guaranteed under the law. The law also defended the right to freedom of belief and religion.
By the end of 2022, Viet Nam had established relations with over 1,000 international non-governmental organizations, including more than 500 registered organizations in Viet Nam. Their activities had made positive contributions to Viet Nam’s efforts in socio-economic development and the realisation of the Sustainable Development Goals, especially in poverty reduction and improving people’s lives.
The monitoring of human rights enforcement was carried out by three entities: the legislative body, the judicial body, and the Viet Nam Fatherland Front. Although an independent human rights body with the authority to address all forms of discrimination had not yet been established, the Vietnamese judicial system had a sufficient legal basis and resources to handle human rights violations. Competent authorities, organizations and individuals were required to receive and address complaints regarding human rights violations in accordance with the law, strictly punish violators, enforce decisions, and be accountable before the law for their handling decisions.
Viet Nam was committed to promoting dissemination, education, and raising awareness of the Convention nationwide, especially in ethnic minority and mountainous areas. Along with that, Viet Nam strengthened inspection, supervision, and evaluation in law enforcement, especially the monitoring role of the people, and political and social organizations.
Questions by Committee Experts
SHEIKHA ABDULLA ALI AL-MISNAD, Committee Expert and Country Rapporteur, asked how statistical data was gathered and how census forms were distributed in the northern mountains, the Central Highlands, and the Mekong Delta provinces. What steps had been taken to incorporate each of the grounds of discrimination given in the Convention in legislation and to cover both direct and indirect discrimination? The Committee asked for information on any ongoing or forthcoming steps to adopt comprehensive legislation on racial discrimination. Would civil society be consulted regarding such a law? What was the objective and projected timeline of the draft law on ethnicity? Had the Government met any resistance to its adoption?
Could the delegation provide specific examples of cases in which the Convention had been invoked before national courts or directly applied by them? Had there been efforts to raise awareness on the Convention among judges, prosecutors and judicial officials? How many court cases involved the violation of article 16 of the Convention? Aside from the courts, were there any other mechanisms or authorities to which victims of racial discrimination could refer their cases to? Were there any complaints concerning racial discrimination that had been brought before relevant authorities in which a violation was found? Access to justice was reportedly limited. What steps had been taken to address barriers to accessing justice? Had the State party taken steps towards the establishment of a national human rights institution?
Individuals belonging to ethnic or ethno-religious minority groups reportedly accounted for a disproportionately large number of death penalty cases. Could the delegation provide official data on the number of persons sentenced to death, executed, or on death row, disaggregated by age, sex, gender and ethnicity? Viet Nam maintained the death penalty for 22 offences, including the vaguely defined crimes of treason, carrying out activities aimed at overthrowing the people’s administration, spying, rebellion and terrorism. In which recent cases had an individual been sentenced to death or executed on the basis of one of these crimes?
CHINSUNG CHUNG, Committee Expert and Country Co-Rapporteur, asked if the State party had laws that prohibited hate speech or incitement to hatred and violence, and that recognised racial discrimination as an aggravating circumstance for all crimes. There was an ideology of supremacy in Viet Nam, which had resulted in widespread racial discrimination and hierarchy against ethnic minorities in society and legislation. Cadres and civil servants reportedly still carried prejudices and quickly assigned negative characteristics to ethnic minorities. This stereotyping had been also spread through State-run media or e-portals of State agencies, normalising hate speech. Had any public officials been prosecuted for hate speech or incitement to hatred and violence? How did the State party ensure that measures adopted to protect individuals and groups from racist hate speech or crimes did not limit freedom of expression? The Government-funded Task Forces 47 and Steering Committees 35 were reportedly disseminating or promoting racial hatred. There were also reports of “Red Flag Associations” which actively worked against human rights defenders, promoting “division among ethnic minority and mountainous areas”. Could the delegation comment on these issues?
Could the delegation provide information on cases concerning counterterrorism or national security against ethnic minorities? In several cases, ethnic minority groups and indigenous peoples had been charged with such offences, which carried the death penalty. How did the Government ensure that provisions on terrorism were not being disproportionately applied to ethnic minorities? Had the State party taken any steps to prevent racial profiling, such as trainings of law enforcement officers?
At least 57 individuals belonging to ethnic or ethno-religious minority groups were currently in detention for peacefully exercising their fundamental freedoms. Many were detained and sentenced to long prison terms under vague provisions of the Criminal Code. Two activists from the Khmer Krom ethnic minority group were reportedly subjected to torture and ill-treatment while in police custody in Soc Trang province last year. Following the Dak Lak attack in June 2023, 100 Montagnards were arrested and prosecuted under a range of Criminal Code provisions. What measures were in place to create an enabling environment for ethno-religious minority groups and indigenous peoples to exercise their civil and political rights? What measures did the State party take to prevent and investigate all cases of intimidation, harassment, threats, reprisals, enforced disappearances, arbitrary detention and killings?
The Penal Code criminalised “fleeing abroad or defecting with a view to opposing the people’s administration”. This provision had been applied to ethnic minorities and indigenous human rights defenders. How did the State party ensure the proportionality, necessity and certainty in the limitation of the right of freedom of movement? What complaint mechanisms were available for persons charged with this crime? There was also new legislation that included increased penalties against individuals who disseminated content such as “diverging political views”, or “reactionary ideologies” on social media platforms. Had ethnic minorities or indigenous human rights defenders been charged with these crimes?
GUN KUT, Committee Expert and Follow-Up Rapporteur, said the Committee’s previous concluding observations of 2012 addressed the recognition of indigenous peoples, the confiscation of ancestral lands, and arbitrary arrest of ethnic minorities. The Committee welcomed the commitment made to promote indigenous peoples’ right of self-identification and called for further efforts in this regard. State legislation seemed to indicate that persons belonging to ethnic minorities who had grievances regarding discrimination could be charged with a crime. Could the delegation clarify this? What efforts had the State party made to provide redress for persons whose ancestral lands had been confiscated? The Committee had recommended that the State party review its legislation on the right to freedom of expression and association for ethnic minorities. The draft law on association was promising in this regard, but the Committee needed more information on its contents and application.
Other Committee Experts asked questions on penalties handed down to civil servants who acted in a discriminatory manner; on plans to cease digital surveillance of human rights defenders and adopt legislation to protect such persons; on the applicability of constitutional rights to persons staying in the country illegally; on plans to limit the scope of the death penalty and eventually abolish it; and on measures to ensure that the Criminal Code, the law on cyber security and the press law were not used to curtail the rights of ethnic minorities.
Responses by the Delegation
The delegation said the national population database was being updated. Data was categorised by age and other characteristics. The 2019 Census had collected data on the Khmer and other ethnic minorities. The results of the Census were disseminated in broadcast media and online. Surveyors were required to communicate in ethnic minority languages. The next Census would be conducted in 2024.
If there were differences between legal documents and the Convention, the Convention prevailed. Measures had been taken to bring the definition of discrimination within the Constitution in line with that of the Convention.
The Ministry of Public Security had been tasked with developing a national human rights institute. Several ministries and agencies promoted human rights, including national committees for the elderly, children, women and persons with disabilities. The State party was examining international practices in the development of a national human rights institute.
Laws were in place to prevent the incitement of hatred. The “Red Flag Association” was an association of patriots. Its activities had not violated the law. The State party was engaging with associations to ensure that their actions did not incite hatred and division. There was no discrimination of ethnic minorities in the application of the law on fleeing abroad or defecting with a view to opposing the administration. The penalty for defecting was 20 years imprisonment. Only Vietnamese nationals were subject to this law. Persons who fled abroad but who did not intend to attack the administration were not punished. There were no cases of enforced disappearance by the State. Regarding the terrorist attack of June 2023, a list of offenders had been drawn up, which included ethnic minorities.
Election laws stressed that all persons aged 21 and over had the right to run to become a member of the Government. The State party protected the rights of ethnic minorities through its legislation. The law on compensation gave ethnic minorities recourse to obtain compensation for violations of their rights. A national report on compensation had been published and translated into three languages to help ethnic minorities understand their right to compensation. In 2020, courts received 53 cases requesting compensation; in 2022, the State paid 21 billion Vietnamese dong in compensation.
Viet Nam was examining the possibility of reducing the number of offences for which the death penalty could apply. It did not apply when the offender was a child, a pregnant woman or a person over age 75. Most of the Vietnamese people supported the death penalty. The State had studied recommendations concerning the death penalty from United Nations bodies.
The law on communications closely followed the provisions of the Convention. The State ensured the public’s freedom of expression, including on social media, and the right to access information, including for persons living in mountainous areas. Viet Nam took initiatives to address online hate speech, which threatened national unity. Legislation prohibited the dissemination of expressions that promoted racial or religious division, discriminated against groups, or threatened private organizations. Children were taught to respect different dialects in all schools. A taskforce had been established within the police force to rapidly detect and delete hate speech in cyberspace. This taskforce aimed to prevent threats to national security and not to suppress freedom of expression.
The law on officials and civil servants was amended in 2019 to prohibit discrimination based on ethnicity and religion in the discharge of public duties. Persons from ethnic minorities were prioritised in hiring processes for public officials and judicial staff. In remote mountainous areas, free legal assistants provided legal aid. Courts were required to appoint interpreters for ethnic minorities who did not speak Vietnamese. No complaints regarding discrimination of ethnic minorities had been received by the courts.
The law on ethnicity was not yet in place, but the Government planned to promulgate this law in the future. The land of Viet Nam was owned by the entire population. Reasonable and appropriate compensation was provided when the State party reclaimed land, and sufficient consultations were conducted before land was reclaimed.
Questions by Committee Experts
SHEIKHA ABDULLA ALI AL-MISNAD, Committee Expert and Country Rapporteur, said it was good news that the Census was conducted thoroughly. The laws on ethnicity, the national human rights institute, and the reduction of the scope of the death penalty were all pending. The vague wording of legislation made misinterpretation easy; many laws could be utilised to undermine the rights of minorities. The State report had surprisingly said that “some ethnic minorities had customs that challenged the State and prevented safeguarding of the people’s rights.” Why did the State party have this stereotypical position?
CHINSUNG CHUNG, Committee Expert and Country Co-Rapporteur, said the criteria for deciding whether persons intended to flee the country to attack the Government were not clear. What were these criteria?
GUN KUT, Committee Expert and Follow-Up Rapporteur, said that having an equality clause in the Constitution did not guarantee equality. It was the implementation of this and other legal provisions that was important, and not enough information had been provided in this regard. The Committee needed more information about responses to the grievances of vulnerable groups.
Other Committee Experts asked questions on how the State party was addressing the cultural practices it perceived to be troublesome; penalties for preventing access to civil services; and the circumstances in which the Convention was invoked in courts. Public support for the death penalty was often due to a lack of awareness about the penalty, said one Expert, calling on the Government to educate the public about it and its consequences. Another Expert said she was pleased that the press law was being amended. What did the State party mean by “speech that offended but did not criminally insult”?
Responses by the Delegation
The delegation said strict punishments were issued to members of the police force who violated the law and the rights of detainees; 12 convicted officers had been punished with sentences of three to five years imprisonment.
The law on compensation clearly stated the obligations of civil servants who committed discriminatory acts. Violators were required to provide apologies to victims.
Questions by Committee Experts
SHEIKHA ABDULLA ALI AL-MISNAD, Committee Expert and Country Rapporteur, asked about recent educational initiatives to combat prejudice, increase tolerance and coexistence, and disseminate the Convention. What impact had these initiatives had? Was human rights education, including freedom from racial discrimination, included in school curricula? Had there been recent trainings led by international, regional or local organizations on racial discrimination and the Convention for media professionals, law enforcement officials, judges, lawyers and representatives of State bodies?
Khmer Krom youth were being held in police custody for having shared information online about the United Nations Declaration on the Rights of Indigenous Peoples and distributing translated booklets of the Declaration and the International Covenant on Civil and Political Rights. The Committee was also aware of reports of potential intimidation and harassment by the Government against United Nations officials based in-country for organising awareness-raising and training events. How would the State party protect and promote the rights of individuals engaging with the United Nations human rights mechanisms and United Nations officials in-country? Were there any ongoing development projects for which ethnic minority groups had been consulted?
The amendment of the law on national assembly elections required that at least 18 per cent of total official National Assembly candidates must belong to an ethnic minority group. According to official data, 17.84 per cent of deputies of the fifteenth National Assembly belonged to ethnic minority groups, while 13 out of 200 members of the thirteenth Communist Party Central Committee belonged to ethnic minority groups (6.5 per cent). The Committee noted with satisfaction that the National Assembly quota appeared to have nearly been met. Were there any existing or expected quotas within the Communist Party Central Committee and at the communal level?
Women belonging to ethnic minority groups accounted for approximately just six per cent of positions in the Government cadres, and mainly held low-ranking positions, such as clerks, administration, accounting, and financial staff. What steps had the Government taken to rebalance the representation of women belonging to ethnic minority groups across all levels of Government?
A 2022 Government survey presented concerning findings on disparate levels of poverty. People belonging to ethnic minority groups accounted for 70 per cent of the population of people living in extreme poverty. Between 2016 to 2022, there had been around 16 laws, programmes, and action plans introduced to address and support the socio-economic development of ethnic minority groups. What were the impacts of these? In 2021, the Government launched “The National Target Programme on Socio-economic Development in Ethnic Minority Areas, 2021-2025”. However, by mid-2023, the programme had dispersed less than 20 per cent of the planned budget for the 2021 to 2023 period. What were some of the challenges encountered in implementation and lessons learned?
Had there been measures to address the historical wrongs committed against the Khmer Krom, dating back to Viet Nam’s annexation of Kampuchea Krom? Sixty-three per cent of children belonging to the Kinh majority group reached upper secondary school, compared with just 31 per cent of children belonging to ethnic minority groups. The national average for upper secondary school drop-outs was 22 per cent, while 51 per cent of children belonging to ethnic minority groups dropped out. Why had satellite schools and boarding schools in remote areas been closed? The Committee noted the State party’s efforts to expand teaching to 15 different languages in schools. Why was Khmer not being taught in schools?
The Committee had received a large volume of credible reports on actions by the State to prohibit and criminalise the enjoyment of religious and cultural activities by ethno-religious minority groups. What were the requirements to register a religious association or organization? What avenues were available to challenge decisions regarding the refusal of applications? There were countless instances in which cultural or religious practices or gatherings had been interrupted on the grounds that their associations and activities were not registered. There were also several instances in which individuals had faced harassment, intimidation, torture and inhumane treatment by officials trying to force them to renounce their faith, and cases in which individuals had had religious materials confiscated or destroyed. What guarantees were in place to ensure that registration requirements were not arbitrarily applied to curtail the rights of ethnic minority groups?
CHINSUNG CHUNG, Committee Expert and Country Co-Rapporteur, said the Government did not recognise any of the 53 ethnic minorities as indigenous peoples, and was reluctant to engage in open and inclusive discussions on the recognition of indigenous peoples and their specific rights. Would Viet Nam accept the existence of indigenous peoples and their rights in Viet Nam? Did it plan to ratify International Labour Organization Convention 169 on indigenous and tribal peoples? What measures had been taken or were planned to promote the principle of self-identification for the indigenous population?
The Committee had received many reports that the Government or local authorities confiscated lands of indigenous people who had lived there for many generations. Those people were evicted from their lands with only minimal resettlement assistance and financial compensation. What compensation was provided for the land acquisitioned by the Government? How did the State party ensure that communities potentially affected by development projects were consulted with a view to obtaining their free, prior and informed consent?
There were reports of individuals in Southeast Asia being forced to work in “scam compounds”, carrying out financial fraud and “love scams”. Many Vietnamese nationals had been trafficked to Cambodia to work in scam compounds. Were there scam compounds in Viet Nam as well? What proportion of victims of trafficking belonged to ethnic minority groups? There were also reports of abductions and trafficking of ethnic minority women to China and other countries in Asia. What measures had the State party taken to combat this issue? Most perpetrators of trafficking were not held accountable. What measures were taken to investigate all instances of trafficking in persons, to prosecute and appropriately punish perpetrators, and to provide redress and assistance to victims?
Did Viet Nam have a universal birth registration system? How many undocumented workers had registered the birth of their children? What complaints mechanisms were available for non-citizens? Were there any policies concerning refugees and asylum seekers under development? There were many reports of indigenous people, including Hmong and Montagnards, being evicted from their home villages and denied household registration and citizenship identification cards. This rendered them stateless within their own country. There were reportedly some 20,000 stateless households in the Central Highlands. Children of parents without household registration were often not issued birth certificates. What measures did the Vietnamese Government take to combat statelessness?
Were children of foreign fathers and Vietnamese mothers guaranteed their right to access basic services, including public education, medical care and other welfare services? Could they get Vietnamese citizenship? Did the Government allow dual citizenship? The 2020 revision of the education law allowed foreign children to receive secondary and tertiary education in Viet Nam, as well as primary education. Reportedly, this law was not completely enforced in some local governments. How was the State party ensuring its implementation?
Other Committee Experts asked questions on targets for improving sanitation for ethnic minority children; measures to promote equal access to health, safe water and hygiene services in rural areas; vaccination coverage for ethnic minorities; the ability of children of foreign fathers and Vietnamese mothers to obtain Vietnamese nationality; bilateral agreements with neighbouring States to prevent trafficking in persons; reasons for the prevalence of discrimination against the Montagnards; plans to ratify the 1954 and 1961 conventions on statelessness, and to develop a national action plan on statelessness; plans to recognise or celebrate the Decade of People of African Descent; efforts to address practices of sterilisation of minority women; and the impact of measures to alleviate disparities in the poverty level for ethnic minorities.
Responses by the Delegation
The delegation said the State party did not use the term “indigenous peoples” but rather “minority people” for historical reasons. All people, including ethnic minorities, had the right to criticise Government policies. The State party called for public input on all public policies and laws. Local officials conducted grassroots surveys and consultations with affected ethnic minority people. The Government had carried out awareness raising campaigns to inform ethnic minorities of laws and policies that affected their rights and interests.
Seventeen groups qualified for special legal assistance, including persons who lived in disadvantaged areas. All communes and districts had established legal aid centres. The services provided by these centres were communicated to local populations. There had been no complaints of barriers to access justice from ethnic minorities. Since 2016, legal assistance had been provided in over 13,000 cases; 171 officials working in mountainous areas had received training in providing legal aid. Hotlines had also been set up to provide legal assistance to ethnic minorities. These had received around 7,000 calls. A website providing information and training courses on legal assistance had also been set up.
The State supported the registration of births and stateless people. Viet Nam had signed agreements with neighbouring countries such as Lao People's Democratic Republic on unregistered migrants. Guidance documents had been developed on household registration for vulnerable groups. Viet Nam did not recognise dual citizenship, except in special circumstances. Vietnamese children adopted by foreigners could retain Vietnamese citizenship.
In 2017, Viet Nam reformed its curriculum to include human rights education from kindergarten to university level. Training had been provided to teachers in this regard, and education materials on human rights had been developed. Racial discrimination was a topic within human rights education. The percentage of ethnic minorities enrolled in upper secondary education had risen to 59 per cent in 2023. Students who lived far away from school were given up to 30 United States dollars per month to purchase their lunch at school. Ethnic minorities were accepted directly into universities after graduating from high school. Some satellite schools had been closed because access to major schools, where a higher quality of education was provided, had improved. Other satellite schools in very remote areas had been maintained. The State considered the positions of the local community regarding the closure of schools. Khmer language was taught in 11 provinces in the south of Viet Nam and many students learned the language. A circular was issued in 2018 regarding the acceptance of the enrolment of foreign children in schools.
Viet Nam was a multi-religious country and 43 religious organizations were recognised by the State; they had around 14 million followers. Ethnic minorities accounted for around 20 per cent of this number. Viet Nam respected the freedom of belief, faith and religion. Over 1,000 religious organizations had been registered since a new law on religious organizations came into effect; 151 religious organizations had been registered in 2022, including 11 in the Central Highlands. There were sometimes conflicts between religious groups at a grassroots level and a limited awareness of religious rights by civil servants at the local level. The State party conducted training courses for local civil servants to promote understanding of those rights.
Viet Nam participated in the Association of Southeast Asian Nations convention against trafficking in persons and its 2023 declaration on the protection of migrant workers. Viet Nam had no plans to develop a law on refugees. It was considering ratifying the Global Compact on Migration.
The State had many policies that aimed to address poverty. International donors were providing development support. Viet Nam had become a middle-income country thanks to development efforts. Up to 97 per cent of local households now had access to hygienic water and infrastructure in mountainous areas had been greatly improved. Roads had been connected to all hamlet villages in certain regional provinces.
Since 2011, the proportion of ethnic minority representatives in local authorities had increased by more than 90 per cent. Actions to reclaim land were conducted in close consultation with local communities. Resettlement conditions needed to be better than the land being claimed. Vocational training was also provided to resettled people to support their income.
There were plans to amend the law on the prevention of trafficking in persons in 2024. Viet Nam would continue to conduct its national action plan to prevent trafficking. It also celebrated a national day on the prevention of trafficking in persons; 300 trafficking cases had so far been tried and 700 persons had been convicted of trafficking. Viet Nam had agreements with neighbouring countries and the United Kingdom on preventing trafficking in persons. Victims of trafficking were provided with legal assistance and various support services through social protection centres. There were no scam compounds in Viet Nam.
Most stateless people in Viet Nam were ethnic Vietnamese who had migrated from Cambodia. Identification cards were issued to stateless persons to allow them to access social security services. Local authorities facilitated the access for children of stateless households to birth registration and education. There were less than 20,000 stateless persons in the Central Highlands.
Follow-Up Questions by Committee Experts
SHEIKHA ABDULLA ALI AL-MISNAD, Committee Expert and Country Rapporteur, said the delegation had provided a good description of education policies. Had there been an assessment of the impact of boarding school education on students? What had been the impact of human rights education for teachers and public servants? How did the State party respond to allegations of harassment by State officials against members of religious groups? Why were religious organizations forced to register with the State? Why, despite the State’s various efforts to promote equality, did development gaps persist?
CHINSUNG CHUNG, Committee Expert and Country Co-Rapporteur, asked if the State party had conducted campaigns to raise awareness of the rights of the Montagnard and Khmer Kron people. More detailed surveys were required on scam compounds in Viet Nam.
Other Committee Experts asked why boarding schools were segregated; why the State party deemed it necessary to criminalise actions by human rights defenders to report rights violations; whether children born to foreigners on Vietnamese soil were given Vietnamese nationality; and asked for statistics on refugees and African descendants in the State, including African descendants in university.
Responses by the Delegation
The delegation said registration intended to ensure that religious organizations did not violate Vietnamese law. The State party approved 54 per cent of registration requests in 2023. Viet Nam did not prosecute any persons for religious reasons; only persons who violated the law were prosecuted.
Boarding schools were established in the 1950s to develop ethnic minority cadres. Boarding schools received the highest performing ethnic minority students, and had high quality teachers and teaching materials. Boarding school students who wished to return to their families could do so.
The State party strongly supported endeavours to promote the rights of people of African descent.
Concluding Remarks
SHEIKHA ABDULLA ALI AL-MISNAD, Committee Expert and Country Rapporteur, thanked the members of the delegation for their cooperation with the Committee throughout the dialogue. To achieve national unity and security, respect and protection of the human rights of all people in the country was needed. There were many reports of repression in the State. The State needed to provide more freedom for minority groups.
Y THONG, Deputy Minister, Vice Chairman of the Committee for Ethnic Minority Affairs of Viet Nam and head of the delegation, thanked the Committee for the dialogue. Viet Nam was interested in ensuring the rights of ethnic minorities. The elimination of racial discrimination was a challenging task that the world needed to work together to address. Viet Nam would work wholeheartedly with the Committee to ensure the rights of all of its ethnic minorities.
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