A/HRC/28/57/Add.1
respectful of the rights to freedom of expression, to participate or not to participate in
specific manifestations of cultural life, and to manifest one’s own cultural practices.
13.
Other provisions are also noteworthy, in particular article 5 relating to the right of
“every ethnic group to use its own spoken and written language to preserve its own identity
and to promote its fine customs, practices, traditions and culture”.
14.
Many civil society interlocutors considered the new Constitution as a chance for
Vietnamese society to address key aspects of its governmental system, but also as a “lost”
opportunity to adopt a more progressive and open system of governance.
15.
In the area of human rights, many interlocutors indicated that the most important
issue was not so much the text of the Constitution, as its potential implementation in
conjunction with existing laws and decrees. One widely shared concern of civil society
actors was that, most often, the authorities themselves reportedly did not respect the legal
framework in place.
16.
Viet Nam has adopted numerous laws and decrees relating to culture, artistic
creation and science (see below). The resolution of the 5th Plenum of the Central
Committee of the Communist Party (8th tenure) on building an advanced Vietnamese
culture imbued with national identities guides government policies in the field of culture.
The resolution is aimed at developing ideology, ethics, lifestyles and cultural life in society,
and underscores that a healthy lifestyle should be established within grassroots units and
residential areas to meet the diverse and increased cultural demand of the people.3
C.
General context
17.
Viet Nam is a country of great cultural diversity. The State recognizes 54 distinct
ethnic groups, with seven language systems and unique religious, linguistic and cultural
characteristics and identities. According to the 2009 census, the Kinh constitute the
country’s ethnic majority, accounting for 85.7 per cent of the population; numerous ethnic
minorities constitute the remaining 14.3 per cent. Five ethnic minority groups have
populations of over one million: the Tay, Thai, Muong, Khmer and Hmong. Another five
ethnic groups have populations of less than 1,000 people each.4 Issues relating to linguistic
rights, ways of living and identities are thus challenging.
18.
In 1986, Viet Nam introduced the Doi Moi (“renovation”) reform policy, geared
towards establishing a socialist-oriented market economy. Many interlocutors referred to
the Doi Moi policy as a turning point. Viet Nam has made remarkable progress towards
achieving the Millennium Development Goals and realizing a range of economic, social
and cultural rights. In particular, the poverty rate fell from nearly 60 per cent in the early
1990s to 20.7 per cent in 2010, which means that an estimated 30 million Vietnamese
people have been lifted out of poverty in the past 20 years.5 Challenges remain, however,
including, notably, addressing the high poverty rate in rural areas and remote regions and
ensuring robust participation by people, which would strengthen cultural rights.6
19.
The monopolistic position of the Communist party has important implications for
the enjoyment of cultural rights. Persons working in the fields of education, culture and
3
4
5
6
6
E/C.12/VNM/2-4, para. 547.
A/HRC/16/45/Add.2, para. 3.
World Bank, Well Begun, Not Yet Done: Vietnam’s Remarkable Progress on Poverty Reduction and
the Emerging Challenges, 2012, available from https://openknowledge.worldbank.org/handle/
10986/12326.
Ibid. See also A/HRC/17/37/Add.2, para. 11.