A/HRC/28/57/Add.1
science, such as those holding positions at universities or in publishing houses, reportedly
are required to be party members. The need to maintain party membership to avoid possible
consequences, such as losing one’s position, limits the possibilities for creating a forum for
people to exchange ideas and express themselves freely in the fields of education, culture
and science.
20.
The judicial system is not visible in the governance architecture with respect to the
implementation of cultural rights. It is unfortunate that judicial processes have not helped to
clarify the parameters of specific laws.
21.
Enquiring about the reasons for such a situation, the Special Rapporteur was
informed that people do not dare approach the courts and few believe that the judiciary is
independent. Many interlocutors mentioned the emblematic case of Cu Huy Ha Vu, a
lawyer who was charged under article 88 of the Penal Code and, in 2011, sentenced to
seven years’ imprisonment for suing various government or people’s committee officials,
including the Prime Minister, in relation to issues such as minority rights, protection of
cultural heritage sites, extraction of bauxite in the Central Highlands and other land-related
issues, including the case of the Con Dau parish (see para. 86 below), as well as the
prohibition of class-action petitions. At the time of the Special Rapporteur’s visit, Mr. Vu
was still in detention; he has since been released and now lives in exile. According to
information received, people in Viet Nam cannot freely appoint a lawyer of their choice;
lawyers must obtain a licence from courts on a case-by-case basis to represent their clients.
III. Realizing cultural rights in Viet Nam: specific issues
22.
The Government and civil society appear to be constantly engaged in redefining the
contours of the space available for a diversity of voices on a number of issues. The Special
Rapporteur encourages the Government to widen that space, in accordance with the
Constitution and international standards. Currently, the political and governmental
structure, together with various unions, which mainly act as vehicles for transmitting
government decisions, leaves little space for civil society to express itself, in particular
academics, artists and others who may be critical of the Government’s policies.
A.
History teaching
23.
The teaching of history is a core area where more space is needed to allow for a
plurality of voices, in particular on how to interpret and address the past.
24.
The Special Rapporteur was informed that comprehensive education reform has
been scheduled for 2015, together with the ongoing pedagogical reform, to foster critical
thinking and participatory education. She encourages the Government and all actors in the
education system, in particular teachers, to continue their efforts in that direction.
25.
History teaching should promote critical thinking, analytic learning and debate, and
enable a comparative and multiperspective approach, in particular through the use of a wide
array of teaching materials, including textbooks from a range of publishers (A/68/296,
paras. 88 (a) and (d)). At present, only one history textbook per grade is used in schools.
26.
According to information provided by the Government, the teaching of history is
based on the idea that the “scientific purpose of history” should always be respected. The
Special Rapporteur agrees that history teaching should treat history as an academic
discipline, but stresses that the notion that there is always one objective truth concerning
past events is a misconception. While facts must be treated as facts, there must always be
room for interpretation of the causes of events, their consequences and the responsibilities
7