COMMITTEE ON THE ELIMINATION
OF RACIAL DISCRIMINATION
30 July - 17 August 2001
408. The Committee considered the sixth to ninth periodic reports
of Viet Nam, due on 9 July 1993, 1995, 1997 and 1999, respectively,
submitted in one document (CERD/C/357/Add.2) at its 1480th and 1481st
meetings (CERD/C/SR.1480 and 1481) on 8 and 9 August 2001, and at
its 1490th meeting (CERD/C/SR.1490), on 15 August 2001, adopted
the following concluding observations.
409. The Committee welcomes the report submitted by the State party,
which follows some of the suggestions made to the delegation during
the presentation of its previous periodic report, and the additional
oral information provided by the delegation. The resumption of a
frank and constructive dialogue with the State party after a period
of eight years is equally welcomed.
B. Positive aspects
410. The Committee welcomes the steps taken by the State party to
disseminate information on its human rights obligations.
411. The Committee commends the efforts of the State party to rebuild
and renew the social and economic structure of Vietnamese society
through its Strategy Plan for Social Economic Stabilization and
Development. The Committee considers that a growing economy should
contribute to the easing of racial and ethnic tensions.
412. The Committee welcomes the ratification by the State party
of eight United Nations human rights conventions as well as its
acceptance of the principle of integrating these conventions into
413. The Committee welcomes the presence of a significant number
of representatives of minority groups in the State party's parliament.
C. Concerns and recommendations
414. The Committee, considering that no country is free from racial
discrimination, encourages the State party to give closer attention
to article 1 of the Convention and to consider the situation in
the country in accordance with the broad definition given therein
of racial discrimination.
415. Along the lines of its previous concluding observations*, the
Committee considers that article 87 of the State party's Criminal
Code and article 10, paragraph 2, of the Law on the Press do not
encompass the whole scope of application of article 4 of the Convention.
The Committee recommends that the State party adopt specific legislation
in accordance with article 4 of the Convention.
416. The Committee notes that the State party's Constitution devotes
an entire chapter to the fundamental rights and obligations of citizens
and that several laws have been enacted to put the Constitution
into concrete terms, thereby creating a legal environment for its
implementation, but would welcome the adoption of more specific
anti-discrimination legislation to implement the Convention.
417. Bearing in mind the allegations of forced sterilization of
mountain ethnic minority women and their rejection by the State
party's delegation, the Committee would welcome information from
the State party on the impact of its population-planning policies
on the enjoyment of reproductive rights by persons belonging to
418. The Committee encourages the State party to continue its efforts
to ensure that members of ethnic minorities, in particular minorities
in mountain regions, enjoy equal protection of their rights.
419. The Committee urges the State party to protect the rights of
all refugees in Viet Nam, including the rights of Vietnamese repatriated
420. The Committee is concerned about reports of discrimination
in the exercise of religious freedom by minority ethnic groups.
Taking note of the response of the State party delegation denying
these allegations, the Committee would request additional information
from the State party on the exercise of this right by members of
the ethnic minorities in Viet Nam.
421. The Committee is further concerned about the alleged population
transfer to territories inhabited by indigenous groups, disadvantaging
them in the exercise of their social, economic and cultural rights.
The Committee requests further information on the matter.
422. As was already emphasized in its previous concluding observations,
the Committee notes that the State party report does not mention
any case of race-related acts of discrimination that have been submitted
to the State party's judicial authorities. The Committee invites
the State party to provide information in this respect in its next
423. Additional information is also requested on the application
of the Convention in pursuance of the State party's policy of comprehensive
development to promote the economic, social and cultural rights
of all persons belonging to ethnic minorities.
424. The Committee recommends that the State party strengthen the
education of the society in a spirit of respect for human rights
and in particular the rights of members of ethnic minorities.
425. The Committee recommends that the State party ratify the amendments
to article 8, paragraph 6, of the Convention, adopted on 15 January
1992 at the Fourteenth Meeting of States Parties to the Convention.
426. It is noted that the State party has not made the optional
declaration provided for in article 14 of the Convention, and the
Committee recommends that the possibility of such a declaration
427. The Committee recommends that the State party's reports be
made readily available to the public from the time they are submitted
and that the Committee's concluding observations be similarly publicized.
428. The Committee recommends that the State party submit its tenth
periodic report jointly with its eleventh periodic report, due on
9 July 2003, and that it address the points raised in the present
* Ibid., Forty-eighth Session, Supplement No. 18 (A/48/18),