Australia Urges Vietnam to Remove Controversial Provisions in Penal Code

Dr Lachlan Strahan, First Assistant Secretary, Multilateral Policy Division, the Department of Foreign Affairs and Trade

Dr. Lachlan Strahan, First Assistant Secretary, Multilateral Policy Division, the Department of Foreign Affairs and Trade

Australia encouraged Vietnam to ensure the draft Laws on Associations, Demonstrations and Religion and Belief were consistent with the 2013 Constitution and obligations under the International Covenant on Civil and Political Rights.

by Vu Quoc Ngu, August 16, 2016

Australia has urged Vietnam to amend or remove controversial articles in the country’s Penal Code to ensure freedom of expression and assembly, according to a press release of Australia’s Department of Foreign Affairs and Trade.

In the press release issued five days after the 13th Vietnam-Australia Human Rights Dialogue held in Hanoi on Aug 4, the two sides discussed ongoing legal reform in Vietnam, including the Penal Code, the Criminal Procedure Code and the Law on Custody and Temporary Detention. Australia urged Vietnam to “fully implement these laws, and ensure the rights to, and of, defense lawyers for all detainees.”

Australia expressed concern about ongoing restrictions on civil and political rights, including freedom of expression, association and assembly. It reiterated its serious concerns about the harassment, arrest and detention of peaceful human rights activists. Australia requested the release of all persons detained for peacefully exercising their freedom of expression and raised particular cases of concern. It also requested access to visit such persons and to be allowed to observe trials.

The Australian side, led by First Assistant Secretary Dr. Lachlan Strahan of the Multilateral Policy Division under the Department of Foreign Affairs and Trade, welcomed the planned removal of the death penalty for seven crimes and the introduction of stronger safeguards governing its use, while encouraging Vietnam to move towards the abolition of the death penalty.

Australia encouraged Vietnam to ensure the draft Laws on Associations, Demonstrations and Religion and Belief were consistent with the 2013 Constitution and obligations under the International Covenant on Civil and Political Rights.

Canberra welcomed Hanoi’s commitment to allow free and independent labor unions.

Australia welcomed cooperation with Vietnam in the UN Human Rights Council and in particular on the landmark resolution on Sexual Orientation and Gender Identity at the most recent session.

In a submission to Vietnam ahead of the Dialogue, Australia called on Vietnam to implement its 2014 UPR recommendations in consultation with civil society, to issue a standing invitation to UN Special Rapporteurs, and to establish an independent National Human Rights Institution.

Australia commended Vietnam for significant poverty reduction and continued progress on the realization of social and economic rights.

The two sides exchanged views on the importance of gender equality and social inclusiveness, and on the shared need to urgently address domestic violence.

Australia welcomed Vietnam’s recognition of transgender people in the recently revised Civil Code and noted the valuable contributions of the vibrant lesbian, gay, bisexual, transgender and intersex civil society in both countries.

As part of the dialogue, the Australian delegation held informative meetings with Vietnam’s government officials, civil society representatives, academics and human rights defenders and visited a prison.

After the dialogue, the Australian delegation met with representatives of the local civil society. It was disappointed that Dr. Nguyen Quang A, a prominent academic and respected member of Vietnam’s civil society, was prevented from meeting the delegation on Aug 5.

The Vietnamese delegation was led by Mr. Vu Anh Quang, director general of the International Organizations Department under the Ministry of Foreign Affairs, and the Australian side agreed to hold the 14th round of the Human Rights Dialogue in Canberra in 2017.