A/HRC/28/57/Add.1
Montagnards. Reportedly, the histories of minorities are mainly highlighted in geography
lessons, civic education or extra-curricular activities.
B.
Artistic freedoms
33.
According to article 40 of the new Constitution, everyone has the right to conduct
scientific or technological research, to engage in literary or artistic creation and to enjoy the
benefits of those activities. Article 25 protects the rights to freedom of opinion and speech
and freedom of the press, to access information, to assemble, to form associations and to
hold demonstrations, and states that the exercise of those rights shall be prescribed by law.
34.
A number of artists believe that, compared with the past, there is more space for the
enjoyment of artistic freedoms in Viet Nam. For example, exchanges with foreign artists
are now possible, enabling access to foreign contemporary works and connections with
international artistic trends. Since the implementation of the Doi Moi policy and the
introduction of the Internet, artists have gained a stronger voice and have expressed their
need for greater space more forcefully.
35.
Artists notably enjoy more freedom regarding the methodology they use: since the
Doi Moi policy, they can more freely use methodologies other than the Gorky methodology
or socialist realism and can express their creativity through new styles and different
approaches. Nevertheless, some artists stressed that socialist realism remained the dominant
approach because it was favoured by the Government, which led to self-censorship and
significant constraints on artistic expression.
36.
Difficulties arise from the multiplicity of regulations that have been adopted in the
area of artistic expression, which curtail artistic freedom and institute a system of prior and
post censorship of the arts. Each art sector has its own regulations. In many areas of artistic
creation, especially music, literature and cinema, committees have been tasked with
reviewing, commenting on and approving artworks. Many artists complained about the lack
of clearly defined specifications of what was acceptable or not and an overall climate of
arbitrariness.
37.
The Government informed the Special Rapporteur about its policy to create
favourable conditions for creativity, while ensuring that artworks reaching the public are in
conformity with social values. Therefore, while creativity is free, publication is not and is
subject to censorship. The Special Rapporteur notes, however, that such a system
necessarily affects creativity and leads to wide self-censorship, as confirmed by artists.
38.
The Government has adopted a number of measures to support artists and, since
1995/96, has allowed wider participation of private business actors in cultural life, thereby
widening the sources of artistic production.7
39.
The State extends support to artists in the form of subsidies, but its art policies seem
to reflect a desire to promote a particular world vision, while simultaneously blocking other
visions. Hence, artists benefiting from State subsidies are expected to promote a good
image of the country, its people and societal role models. Artists cannot adopt an approach
deemed to be too critical nor introduce ideologies considered unsuitable for society nor
produce work that, in the words of government officials, “harm the culture and humanistic
values”. One fallout is that independent artists who have no access to public audiences fear
that there is a widening gap in knowledge and understanding of contemporary art among
the general public.
7
See E/C.12/VNM/2-4, para. 579.
9