A/HRC/17/34/Add.1
12.
The independent expert stresses that international human rights obligations
complement domestic law and must be respected. The independent expert welcomes the
efforts of the Vietnamese Government to ensure compliance with international standards
through the Strategy on Judicial Reform, the Strategy on the Development of the Legal
System and the Social and Economic Development Strategy.
13.
The independent expert underlines that these reform efforts should take into account
the universality and indivisibility of all human rights, and promote simultaneously and
harmoniously all civil, political, economic, social and cultural rights. Frequently the
meaningful fulfilment of economic and social rights relies on the enjoyment of civil and
political rights. To this end, the rights to freedom of opinion, expression and information
(International Covenant on Civil and Political Rights, art. 19; Convention on the Rights of
the Child, art. 13), assembly (International Covenant on Civil and Political Rights, art. 21),
association (International Covenant on Civil and Political Rights, art. 22; International
Covenant on Economic, Social and Cultural Rights, art. 8; Convention on the Rights of the
Child, art. 15), as well as the right to participate in society (International Covenant on Civil
and Political Rights, art. 5; Convention on the Elimination of All Forms of Discrimination
against Women, arts. 7 and 8) are fundamental in ensuring that individuals can raise their
voices to ensure better social policies and enjoyment of economic, social and cultural
rights. These rights must be implemented in accordance with the provisions contained in
the above-mentioned articles. Particular attention should be paid to the rights of minorities
to participate effectively in social, economic and public life and in economic progress and
development (arts. 2(2) and 4(5) Declaration on the Rights of Persons Belonging to
National or Ethnic, Religious and Linguistic Minorities).
14.
During her visit, the independent expert noted the Government’s positive attitude
towards accession to or ratification of further human rights instruments, as recently
expressed by the Government in the course of its universal periodic review.9 In this spirit,
she calls on Viet Nam to reaffirm its commitments to ratifying: the Convention against
Torture and other Cruel, Inhuman or Degrading Treatment or Punishment; the International
Convention on the Protection of the Rights of all Migrant Workers and Members of their
Families; the Convention on the Rights of Persons with Disabilities; the International
Convention for the Protection of All Persons from Enforced Disappearance; as well as the
Optional Protocols to the International Covenant on Civil and Political Rights, the
International Covenant on Economic, Social and Cultural Rights and the Convention on the
Elimination of All Forms of Discrimination against Women.
15.
However, being party to international human rights instruments is not sufficient;
international standards must be incorporated into domestic legislation. While the
Government has expressed its intention to harmonize its legislation with international
human rights standards,10 additional efforts need to be made to accelerate the process.
16.
The independent expert is also concerned about the lack of an independent
monitoring mechanism for human rights violations. During her visit, she was informed
about recent consultations on the establishment of a national human rights institution. She
applauds the ongoing debate and underlines that a national human rights institution must be
independent and in compliance with the Paris Principles relating to the Status of National
Institutions.
17.
In regard to development strategies, over the last two decades Viet Nam has
followed a policy of poverty reduction through economic growth. Both the Comprehensive
9
10
6
A/HRC/12/50, paras. 479-480.
A/HRC/WG.6/5/VNM/1, para. 72.