A/HRC/28/57/Add.1
to make a more diverse range of writings accessible to the public enjoy a very thin marge
de manoeuvre. Crossing the lines could have many important personal consequences.
57.
One small window available to publishers and writers to avoid prior censorship is
publishing e-books. Restrictions on the Internet, online censorship and control also have an
impact on artistic freedom. Internet Decree 72/2013, requiring Internet companies and
providers to cooperate with the Government in enforcing the prohibition of certain content
and the filtering of such content, raises particular concern in that respect.
58.
The Special Rapporteur is concerned at information that people trying to establish
independent private publishing houses have faced harassment and arrest. Their family
members have been kept under special surveillance without any explanation and they,
themselves, cannot travel abroad as their passports have been retained. For example, the
Special Rapporteur was informed of the case of Bui Chat, poet, publisher and founder of
the Open Mouth Group, who received the International Publishers Association 2011
Freedom to Publish Award in Buenos Aires, and was detained briefly after his return.
59.
People engaged in cinema and visual arts encounter many difficulties in creating and
running independent studios. Procedures to obtain a licence to screen films or organize
exhibitions are reportedly lengthy and involve numerous government departments, creating
many opportunities for corruption. It is reportedly easier to exhibit in a commercial space
than in an independent cultural institution, and licences are only granted to institutions
under the umbrella of the Government. Many stakeholders see licensing as a major
problem.
4.
The “cultural police”
60.
According to various concurrent sources of information, a specific unit under the
Ministry of Public Security is in charge of influencing and monitoring the publishing press,
academics and artists, to ensure that they follow existing policies and the official ideology.
It is widely referred to in Vietnamese society as the “cultural police”, although this is not its
official name. Reportedly, its modus operandi includes the checking of licences, phone calls
and threats to artists, academics or curators organizing exhibitions considered unsuitable.
They operate without submitting any written document or details regarding the grounds for
their interventions. The Special Rapporteur believes that she herself was under scrutiny by
the “cultural police” during her visit. She regrets that, despite her request, officials from the
unit referred to as the “cultural police” were not available to meet with her.
C.
Preserving and promoting cultural heritage
61.
Viet Nam is very proud of its rich tangible and intangible cultural heritage. Law
28/2001 on Cultural Heritage provides the legal framework for the protection and
promotion of cultural heritage; it is complemented by numerous decrees, directives and
programmes, including for the development of cultural activities in remote areas. Indeed,
policies and guidelines have been developed for the protection of the cultural heritage of
minority groups, including their languages. In Lao Cai, for example, numerous festivals,
ceremonies and sports fairs are organized to foster social participation in cultural activities
and promote the games of minority groups in remote areas.
62.
There is increased focus on cultural heritage as a resource for development and
poverty reduction through, for example, developing tourism and festivals, or re-establishing
and further developing the production of craftwork for export. The Government is
conscious of the need to protect and safeguard cultural heritage, in particular from the
possible negative impact of tourism policies and the commercialization of culture.
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