Corporate report

Vietnam - in-year update December 2015

Published 21 April 2016

The reporting period July to December 2015 is a mixed picture, with some positive developments, albeit nothing to suggest systemic change. As such, the human rights situation in Vietnam remains of concern and is largely unchanged from the previous report.

The UK was pleased to see a reduction in arrests and prosecutions of political activists, release of some prisoners of conscience, and the reduction of capital offences in the penal code. However, we were concerned at the increasing trend in detentions and harassment of political activists, potential legislation that threatens civil society, and a continued reluctance by the authorities to engage on the Universal Periodic Review (UPR) agenda and human rights.

There were two important developments on the death penalty to note. In October – after sustained lobbying of the State President, Truong Trang Sang, by the UK, the EU Delegation, and international organisations – the execution of Le Van Manh was postponed. Manh had been sentenced to death in 2005 for rape and torture, and had spent 10 years in prison before his execution date was announced by the authorities. There were suggestions that the original investigation and trial lacked evidence and did not follow procedure, and that forced confessions were extracted. A working group has been set up to look into his case. The EU Delegation is seeking clarity on the remit of this group.

In November, the National Assembly (NA) amended the penal code, reducing capital offences from 22 to 15, and exempted offenders under 18, over 75, or pregnant/nursing women from capital punishment. In addition, the threshold for imposing the death penalty was raised on two remaining offences: the production or sale of fake medicines and corruption or embezzlement.

The UK welcomed both developments, but will continue to call on the authorities to abolish the death penalty. However, the debate in the NA showed clear support for capital punishment, and we assess that further revisions are unlikely in the short to medium term. The authorities continue to impose the death sentence, with three handed down during the last reporting period. The UK will continue to lobby against individual death sentences or executions.

The review of the penal code also agreed further limitations on freedoms of expression and assembly. The national security articles (79, 88 and 258), routinely used to imprison human rights activists, were re-numbered (109, 117 and 330), and made more draconian by extending custodial sentences to those who take action in the preparation of crimes against the state.

In spite of this change, there were further examples of public protest in Vietnam, largely on social media. An intense public campaign in support of Le Van Manh centred on concerns over lack of evidence and questionable police and judicial practices. In November, Facebook support for a teacher and her husband, who had been reprimanded for making negative comments online about the Chairman of An Giang province, eventually led to a reduction in the punishment after the initial official reaction was ridiculed by online users. There were even some peaceful anti-Chinese demonstrations in Hanoi during the visit of the President of China, Xi Jinping. However, we assess these were in tacit agreement with the authorities; they were heavily policed, and high-profile activists were kept under house arrest. Elsewhere, police used force to break up demonstrations.

In September, the police were involved in clashes with journalists protesting against the seizure of staff at the Detention of Conscience (Luong Tam) TV network which often reports on human rights violations. On 22 November, police also broke up a Viet Labour counselling session for workers in Yupoong; this included detaining the two labour rights advocates from Viet Labour Do Thi Minh Hanh and Truong Minh Duc. There is a clear indication in these cases that the authorities continue to limit genuine expression and assembly that might impact on domestic stability. The UK is concerned that such control is only likely to increase. In October, the NA began work on a Law of Associations, and a Law of Demonstrations is tabled for 2016. Initial indications suggest these laws will restrict the already limited freedom available for civil society through revised registration and state supervision.

In late June, prominent human rights lawyer Le Quoc Quan was released. He was sentenced in 2013 to 30 months in prison for tax evasion, which we assess was politically motivated to limit Quan’s influence. Further releases of prisoners of conscience followed in August and September, notably blogger Ta Phong Tan, released three years into a 10-year sentence, Tan had been accused under article 88 (now 117) of spreading propaganda against the regime. The UK played a leading role, alongside United States and EU missions, to secure her release by sending a joint letter to lobby President Sang. Like most high-profile activists, both Quan and Tan were released into exile.

The UK is pleased at the release of these prisoners, but concerned that such arrests occur in the first place. We were disappointed that none of the 18,000 beneficiaries of the national day amnesty on 2 September included any political prisoners, despite heavy lobbying from the international community. Although there have been fewer arrests during 2015, we assess this restraint has been linked to the pursuit of major free trade deals rather than any change in policy. A sign that the restraint may be waning is the arrest of human rights lawyer Nguyen Van Dai on 16 December for conducting propaganda against the state (Article 88/117). He has been given no access to family or legal representation during his pre-trial detention.

In contrast to arrests, there was an increasing trend in detention and harassment of activists. In July, human rights blogger Nguyen Ngoc Nhu Quynh (also known as “Mother Mushroom”) was attacked and detained alongside four other activists for taking part in the “We are One” campaign highlighting the plight of political prisoners in Vietnam. Also, Tran Minh Nhat, a strong advocate for human and religious rights and ex-prisoner of conscience, has been the victim of continued unprovoked attacks by local police authorities since his release in August 2015.

The UK is concerned at this activity, particularly as it is in conjunction with a clampdown on media organisations and journalists. In addition to the incident at Detention of Conscience TV, the former editor-in-chief of newspaper Nguoi Cao Tuoi (the Elderly), Kim Quoc Hoa, was prosecuted under Article 258 for abusing democratic freedoms. Under Hoa, the newspaper had exposed a number of corrupt officials, and he had been forced to resign from the role, and cancel his journalist licence, earlier in 2015. Both these developments highlight an increasing trend which we assess may have been linked with the proximity to the National Party Congress in January 2016.

The reporting period has seen no change to the authorities’ stance on engaging seriously with international partners to address domestic or international human rights concerns.

Further requests to allow the postponed joint UK/New Zealand Embassy death penalty workshop, mentioned in the previous report, have been refused by the Ministry of Foreign Affairs (MOFA). We assess this was based on sensitivities in the lead-up to the Party Congress. However, in August MOFA invited the diplomatic community and local civil society groups to a workshop on their draft UPR Action Plan. While the UK recognises this was a positive step, we were disappointed at the substance, which mainly comprised commitments to existing policies. We continued to engage on this, and in October issued suggestions to strengthen the Action Plan.

On the international stage Vietnam continues regularly to vote against UN Human Rights Council (HRC) resolutions which seek to condemn some of the worst violations of fundamental human rights, including those by Iran and the Democratic People’s Republic of Korea. We will continue to exchange information on the situation in such countries, and encourage Vietnam to support HRC resolutions, especially through its membership term, 2014-2016.