A/HRC/16/45/Add.2 II. Non-discrimination and equality 7. The Constitution of 1992 establishes the right to equality and non-discrimination. According to article 5, the Socialist Republic of Viet Nam is the unified State of all ethnicities living on the territory of Vietnam. The State carries out a policy of equality, solidarity and mutual cultural assistance among all nationalities, and forbids all acts of ethnic discrimination and division. Every nationality has the right to use its own language and system of writing, to preserve its national cultural identity, and promote its fine customs, habits, traditions and culture. The State has a policy of comprehensive development and assistance, and gradually improves the material and spiritual living conditions of the national ethnic minorities. 8. There is no dedicated, comprehensive, anti-discrimination law in Viet Nam. Nondiscrimination provisions exist in the Constitution and in various national laws, including the Civil Code, the Penal Code, the Criminal Procedures Code, the Law on Education and the Labour Code. Article 14 of the Labour Code also establishes that the State is responsible for formulating preferential policies on the creation of employment in order to attract and use ethnic minority employees. The Government has been developing a decree on ethnic minorities with a view to drafting a law on ethnic minorities for submission to the National Assembly. 9. Dedicated State institutions have responsibilities for ethnic minority issues. The Ethnic Council of the National Assembly advises the Assembly on ethnic minority matters and supervises implementation of policies and programmes relevant to ethnic minorities. The Council is empowered to review draft laws and draft ordinances relating to ethnic minorities, and proposes issues for consideration by the Assembly and other State bodies. The Government must consult the Ethnic Council before promulgating decisions on ethnic policies and legislation. The Council President and four deputies are ethnic minorities. 10. The Committee for Ethnic Minority Affairs is a ministerial-level body with responsibility for planning and implementation of ethnic policies and those for mountainous regions. The Committee is mandated to perform functions of State management of ethnic minority affairs nationwide and in relation to public services. It assists in the development of laws, the implementation and monitoring of programmes, and coordinates liaison between relevant ministries as well as with international agencies and donors. 11. The Government highlights the fact that a number of national organizations at the central and local levels play a key role in promoting the rights of ethnic minority people and monitoring the activities of Government agencies, including the Central Committee of the Vietnamese Fatherland Front, the Women’s Union, the Youth Union, the Farmers’ Association and the Veterans’ Association. 12. Viet Nam is a party to the Convention on the Elimination of All Forms of Racial Discrimination and other core human rights treaties mandating non-discrimination, including the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights. 13. Disaggregated data on the basis of ethnic, religious and linguistic criteria are gathered by means of census questionnaire, and include information on health and life expectancy, education, labour force participation and housing. They provide a valuable tool for identifying disparities. The data provided by national authorities, however, are disaggregated for only the five largest ethnic minority groups. The category of “other ethnic groups” is used to aggregate vital statistics about 47 of 53 ethnic groups, totalling some 3.7 million people. This category includes many disadvantaged ethnic groups. 5

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