Scholar: Vietnam ensures human, citizens’ rights

The State always respects and ensures human and citizens’ rights, says scholar.
Dr. Cao Duc Thai from the Ho Chi Minh National Academy of Politics andPublic Administration has written an article affirming the fact that theState of Vietnam always respects and ensures human and citizens’rights, on the occasion of the World Human Rights Days that falls onDecember 10.

The reality is that regaining and ensuring humanand citizens’ rights is a goal throughout all periods of the revolutionled by the Communist Party of Vietnam (CPV), which can be clearly seenin the Party’s political platforms and guidelines, the researcher andlecturer wrote.

He cited the 2011 Political Platform as anexample, which states that “the socialist society our people arebuilding is a society of a strong country, wealthy people, withdemocracy, fairness and civilisation”, and “the people are the centre ofthe development strategy and also the subject of development.

Respecting and ensuring human rights, attaching human rights with therights and interests of the nation”. It adds that “the State respectsand ensures human and citizens’ rights, cares for the wellbeing and freedevelopment of each individual. The citizens’ rights and obligationsare stipulated by the Constitution. Citizens’ rights are inseparablefrom their obligations”.

Hostile forces and those with wrongattitudes, either deliberately or incidentally, ignore the specificcharacteristics of human rights. They often idealise the generalcharacteristics of human rights, using only these to assess the humanrights situation in countries worldwide.

The existence of bothgeneral and specific human rights characteristics is an objective insocio-political reality. The acknowledgement of their relationship isnot only the viewpoint of Vietnam. In fact, it is recognised by theglobal community in various human rights documents, especially the 1993Vienna Declaration and Action Programme. It means that differences inhuman rights (for example in laws) between Vietnam and other countriesare possible and this does not run counter to the global community’sstance on human rights.

About the responsibility to protecthuman rights, the global community sticks steadfast to the stance thatthe most important right and obligation belongs to each nation. It isincluded in the “Right of nations to self-determination” stated in theUnited Nations (UN) Charter, the 1948 World Declaration on Human Rightsand the 1966 International Covenants on Civil and Political Rights.

On the right of nations to self-determination, countries are entitledto choose their own social regimes (capitalism or socialism), nationalinstitutions (multi-party or single party, rule of law, separation ofthree powers, or mixed government), political ideologies(Marxism-Leninism or capitalism), and other legal regulations. They fallwithin the authority of each state and no other country has the rightto intervene, or even the United Nations.

Vietnam hasbecome a member of the UN and almost all international human rightstreaties. The country has established itself as a responsible member ofthe international community. However, this does not prevent Vietnamfrom dealing with human rights issues in accordance with its nationallaw in its own right.

One of the tactics usually employed byhostile forces to slander and accuse the Vietnamese State ofinfringing upon human and citizens’ rights is to stress rights whileoverlooking obligations. According to the general view of theinternational community, there are both absolute human rights which mustbe ensured in every circumstance and rights that are limited (forcommunity interests).

The State of Vietnam has the right todecide and apply certain limitations (in accordance with the law) onsome human rights, which is within the national authority as stipulatedby the UN Charter and international law on human rights.

Somecapitalising on human rights often allege that Vietnamese law onlyprotects the Party and State without considering human and citizens’rights. The Vietnamese Party and State take the stance that theVietnamese Constitution and law protect the social regime, the socialistState and human and citizens’ rights. The 1992 Constitution stipulatesrespect and protection of human and citizens’ rights and citizens’ dutyto abide by the law at the same time.

It is only normal thatthe 1999 Criminal Code contains human rights-related regulations toprotect the social regime and national institutions. The State’s policy,on one hand, aims to punish criminals, and on the other hand, moreimportantly, to ensure social stability, protect the revolution’sachievements and citizens’ rights to democracy and freedom. InVietnamese law, there is no such notion as the so-called “prisoner ofconscience”, or persons with “difference of political opinions”. Thedefinition of criminals under the 1999 Criminal Code does not exclude“mild” or “non-violent” acts, but covers all acts that damage theState’s interests or violate the legitimate rights and benefits ofindividuals and organisations.
The reality in the Vietnameserevolution shows that the Party and State always make nationalindependence, sovereignty and citizens’ freedom and happiness as thegoal to strive for. The country has so far joined almost allinternational human rights treaties. At the same time, it has integratedthe content of these treaties into the national legal system.

Regarding the guarantee of civil and political rights, Dr. Thai fromthe Ho Chi Minh National Academy of Politics and Public Administrationremarked that these rights are always respected and strongly enforced bythe Party and State. Except during wartime, the right to vote and runfor election, the office term of the National Assembly and key Statepositions are seriously observed. Besides the Press Law that declaresthe public’s right to freedom of speech, the State has issuedregulations stating Government bodies are responsible for makingperiodic reports and providing information for the media when necessary.

Vietnam now has over 700 media agencies with more than 850publications, 68 radio and television stations at both the central andlocal levels, over 80 e-newspapers and thousands of news websites andblogs. The Vietnamese people today, from urban to remote and mountainousareas, also have access to many foreign news and media agencies likeReuters, BBC , VOA, CNN, AFP and websites like Yahoo, Google andFacebook.

It is undeniable that during some revolutionaryperiods, the Party committed certain mistakes and shortcomings,especially due to a dogmatic attitude in acquiring foreign experience,for example, the land reform (1954-1956), the “rehabilitation of thebourgeoisie” in the southern region following liberation, and somepolicies on socialism building following the old model (the sixthNational Party Congress 1986 conducted self-criticism on these).

It is also true that over the past tenures, the State’s politicalsystem has shown signs of degradation in political ideology, lifestyleand ethics among a number of Party and State officials at differentlevels, the appearance of “interest groups”, a wealth gap in society andmany other negative phenomena. Such have damaged the guarantee of humanand citizens’ rights.

Nevertheless, those reasons are notsufficient to negate the Party’s goals and ideals as well as theachievements in human rights made by the Vietnamese revolution over thelast half a century.

Respecting and ensuring human rights is ameasurement of social progress. Protection of the socialist regime andState is the prerequisite for Vietnam to overcome all challenges towardsachieving the goal of a strong country, wealthy people and ademocratic, fair and civilised society.-VNA

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