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References

. Vietnam was last reported on in the 1993 edition of the yearbook. I The Pentagon Papers, p. 283. 2 Encyclopcedia Brittanica, p. 363.

3 The policy was formally adopted by the Sixth Party Congress in 1986, but real changes did not take place until 1988. 4 UN Doc. E/CN.4/1994/SR.30, para. 7.

5 Those are (No.5) Minimum Age (Industry) in 1994; (No.6) Night Work of Young Persons (Industry) in 1994; (No. 14) Weekly Rest (Industry) in 1994; (No.27) Marking of Weight (Packages Transported by Vessels) in 1994; (No.45) Underground Work (Women) in 1994; (No.80) Final Articles Revision, 1946, in 1994; (No. 81) Labour Inspection [and Protocol] in 1994; (No.116) Final Articles Revision, 1961, in 1994; (No.124) Hygiene (Commerce and Offices) in 1994; (No.123) Minimum Age (Underground Work) in 1995; (No.124) Medical Examination of Young Persons (Underground Work) in 1994; (No.155) Occupational Safety and Health in 1994. 6 Ibid., paras. 8 and 12. The Criminal Code, the Criminal Procedure Code and the Law on Marriage and Family, are being amended to ensure compatibility with the CRC, "Criminal law revised for better child protection", Viet Nam News. The English Daily, 22 December, 1996, p.5. Cf. the change of attitude since 1992, Tomasevski, Katharina, "Viet Nam", Human Rights in Developing Countries, Yearbook 1993, p. 349. It seems, however, that Viet Nam has not changed their attitude across the board, cf. the Vietnamese response the Special Rapporteur on Extrajudicial, Summary or Arbitrary Executions, UN Doc. E/CN.4/1997/60/Add.l, 23 Dec 1996, para. 560. 7 "Law enforcement officials embark on child rights training", Viet Nam News, 22 December 1996, p. 1. 8 Information given by Mr Vu Ngoc Binh, National Project Officer, UNICEF Viet Nam, at a meeting in Hanoi on 18 February 1997.

9 "Criminal law revised for better child protection", Viet Nam News. The English Daily, 22 December 1996, p.5. 10 UN Doc. E/CN.4/1994/SR.30, 23 February 1994, para. 15. 11 Ibid.., para. 13, Australia-Viet Nam Dialogue: the Currents of Change; Amnesty International. Report /996, p. 324. 12 Information received from Ms. Watts at the Australian Embassy in Hanoi on 17 February 1997.

13 Australia-Viet Nam Dialogue: the Currents of Change, paras. 1.4 and 1.6. 14 UN Doc. E/CN.4/1995/31/Add.4, 21 December 1994, para. 6. 15 Ibid., para. 52. 16 Cited in Amnesty lnternational. Report 1996, p. 324. 17 On 18 July 1996. See UN Doc. E/CN.4/1997/60/Add.1, 23 December 1996, para. 560. 18 Article 4 of the Constitution of 1992. An English translation of the constitution is found in Selection of Fundamental Laws and Regulations of Viet Nam. 19 Country Profile. Indochina: Viet Nam, Gaos, Cambodia, p. 5. CoHftfry Pro/t/e. /t!�oc/!tt!a.' Vtef Nam, Lao�, Cam�o�ta, p. 5.

20 Articles 83 and 84 of the Constitution of 1992, Les Constitutions du Viet Nam. 1946-1959-1980- / 992. 21 Articles 102 and 109 of the Constitution of 1992. 22 Country Profile. Indochina: Viet Nam, Laos, Cambodia, pp. 6-7. 23 However, many of the communist leaders came from families of mandarins or literati. Tonnesson, Stein, The Vietnamese Revolution of 1945. Roosevelt, Ho Chi Minh and de Gaulle in a World at War, p. 100. 24 Ibid., pp. 99-103 and 114-122. 25 Country Profile. Indochina: Viet Nam, Laos, Cambodia, pp. 6-7. zb Viet Nam, IMF Economic Review, No. 13, November 1994, p. 8.

27 Ibid., p. 9. 28 Country Profile. lndochina: Viet Nam, Laos, Cambodia, p. 7. 29 Article 45 of the Constitution of 1992, Selection of Fundamental Laws and Regulations of Viet Nam. Another English translation can be found in Constitutions of the World. The Socialist Republic of Viet Nam. In this translation "social order" is replaced by "public order" 30 Viet Nam Report on Human Rights Practices for 1996, para. 2; Country Profile. Indochina: Viet Nam, Laos, Cambodia, p. 9. 31 Which is translated as "revolutionary people's public security force" in Constitutions of the World. The Socialist Republic of Viet Nam. 32 Viet Nam Report on Human Rights Practices for 1996, para. 2. 33 An example of the monitoring: During the tet (the Vietnamese New Year), a Catholic family had a foreign guest for dinner and was asked to have the Vietnamese flag outside their house, but when they refused, nothing was said or done.

3a Articles 25-30 of the Law on Elections of Deputies to the National Assembly of 15 April 1992. The Viet Nam Fatherland Front and its member organisations constitute the political basis of people's power according to Article 9 of the 1992 Constitution. 3s Nowak, Manfred, UN Covenant on Civil and Political Rights. CCPR Commentarv, p. 441, para. 12, pp. 443-444, paras. 15-18. 36 Article 4 of the Constitution of 1992. 37 UNDP, UNFPA, UNICEF, Poverty Elimination in Viet Nam, p. 31. Article 9 of the Law on Elections of Deputies to the National Assembly provides that the number of National Assembly deputies shall "ensure that ethnic minorities have an appropriate number of deputies."

38UNDoc. E/CN.4/Sub.2/1990/11, 18 July 1990, para. 61. 39 Article 3 of the Law on the Press. 40 Article 4. According to Article 19.2 of the ICCPR the right to freedom of expression includes freedom to seek, receive and impart information. 41 Article 2, para. 4. 42 Articles 2, para. 2, and 9, 10 and 35 of the Law on Publications of July 7, 1993, Selection of Fundamental Laws and Regulations of Viet Nam, p. 327. Cf. Tomasevski, Katharina, "Viet Nam", Human Rights in Developing Countries, Yearbook 1993, p. 352. a3 UN Doc. E/CN.4/1995/31/Add.4, 21 December 1994, para. 62. 44 Articles 1 of the Law on the Press reads as follows: "The press in the Socialist Republic of Viet Nam encompasses all means of disseminating information essential to social life; it constitutes the voice of the Party, of State and social organizations,(hereinafter called organizations) as well as a platform for the expression of the people's will." 45 Viet Nam Report on Human Rights Practices for 1996, section l.f., para. 4.

46 Ibid., section 2.a., para. 2. 47 Amnesty International reports that the Vietnamese government strongly denounced any reporting of the discussions in the UN Commission on Human Rights. Amnesty International. Report 1996, p. 322. Such discussion should in principle be in accordance with Article 4 of the Law on the Press. 48 UN Doc. E/CN.4/1996/NGO/82, 9 April 1996, para.l3, Amnesty International. Report 1996, p. 323. 49 Dr. Nguyen Dan Que and Prof. Doan Viet Hoat. UN Doc. E/CN.4/1996/NGO/82, 9 April 1996, para. 14. 50 Amnesty lnternational. Report 1994, p. 316. 51 Amnesty International. Report 1996, p. 323. 52 Viet Nam Report on Human Rights Practices for 1996, section 2.a., para. 3. 53 Ibid., section 2.b.; Tomasevski, Katharina, "Viet Nam", Human Rights in Developing Countries, Yearbook 1993, p. 352.

54 Moreover, last year several hundred farmers near Ho Chi Minh City wrote a petition in which it was argued that their land should not be taken away from them. Country Report. Viet Nam, 4th quarter 1996, p. 11. 55 Articles 18, 19, 20, and 21 of the ICCPR. UN Doc. E/CN.4/1995/31/Add.4, 21 December 1994, paras. 58-60, 70-71 and 72. 56 UN Doc. E/CN.4/Sub.2/1990/11, paras. 36, 38, 40, 41. 1.

57 UN Doc. E/CN.4/1995/31/Add.4, 21 December 1994, para. 65. 58 Article 1 of the Law on Trade Unions, passed 30 June 1990. 59 Sections 153-154 of the Labour Code. Annual Survey of Violations of Trade Union Rights. 1995, p. 107. 60 The provisions on collective labour agreements in the Labour Code are not applicable to enterprises with less than 10 employees. Article 1 of the Government Decree No.196-CP on the implementation of a number of articles of the Labour Code. 61 Freedom of Association and Protection of the Right to Organize Convention, 1948 (No.87), Right to Organize and Collective Bargaining Convention, 1949 (No.98), Tripartite Consultation (International Labour Standards) Convention, 1976 (No.144), Consultation (Industrial and National Levels) Recommendation, 1960(No.113). Viet Nam. Labor and social issues in a transition economy, pp. 37-39. 62 Section 7(2) and 7(4) the Labour Code. 63 Sections 174-177 of the Labour Code, dated 23 June 1994.

64 Annual Survey of Violations of Trade Union Rights. 1995, pp. 107-108; Country Report. Viet Nam, p. 28. 65 yyorkers in an Integrating World, World Development Report, p. 13; The Public Investment Programme 1996-2000 (PIP) in Country Report. Viet Nam, p. 21. 66 Article 70 of the 1992 Constitution has the following wording: "The citizens shall enjoy freedom of belief and of religion; he can follow any religion or none. All religions are equal before the law. The places of worship of all faiths and religions are protected by the law. No one can violate freedom of belief and of religion; no one can misuse belief and religions to contravene the law and the State policies." See also Tomasevslti, Katharina, "Viet Nam", Human Rights in Developing Countries, Yearbook 1996, p. 353. 67 For example, the number of Catholics is growing and the Special Rapporteur on Religious Intolerance gives the figure of 1 million for the beginning of the 1990s while the US State Department report gives the figure of 5 million in their 1996 report. The church attendance of the Christian Missionary Alliance of Viet Nam was reported to be growing. Viet Nam Report on Human Rights Practices for 1996, section 2.c., paras. 1, 5 and 7; LJN Doc. E/CN.4/79, 20 January 1994 (French), para 81. 1. 68 The most important religious communities are the Unified Buddhist Church in Viet Nam (about 80 percent of the population), the Hoa Hao Buddhist Church, the Cao Dai Church, the Catholic Church and the Protestant Church. UN Doc. E/CN.4/79, 20 January 1994 (French), para. 81.

69 The government-sponsored Buddhist organisation is the Viet Nam Buddhist Church (VBC). Viet Nam Report on Human Rights Practices for 1996, section 2. c. The annual reports of Amnesty International show that the government is continuously arresting and convicting persons belonging to religious congregations. 70 UN Doc. E/CN.4/I996/95, 15 December 1995, paras. 15 and 58. 71 Ibid., para. 49. 72 Unofficial reports say that during Christmas 1996 the police openly filmed people going to Catholic church services in Hanoi. 73 Viet Nam Report on Human Rights Practices for 1996, section 2. c. 74 UN Doc. E/CN.4/79, 20 January 1994 (French), para. 81. 75 Viet Nam Report on Human Rights Practices for 1996, section 2. c.

76 /bid., section l.a. 77 An English translation of the Penal Code is found in Selection of Fundamental Laws and Regulations of Viet Nam, p. 75. 78 Amnesty lnternational. Report 1996, p. 324; Amnesty International. Report 1997, p. 336. The Australian Parliamentary delegation received unverified information that the death penalty had been imposed in about 100 cases in 1994 of which about 90 were carried out, Australia-Viet Nam Dialogue: the Currents of Change, para. 3.42. 79 Thirty-three in total according to Australia-Viet Nam Dialogue: the Currents of Change, para. 3.40, comprising Articles 77-79, 97, 101, 112, 131-134, 151, 157, 167, 226 of the Penal Code. 80 Amnesty International. Report 1997, p. 336. 81 See Directive No.814-TTg of 12 December 1995 of the Prime Minister on Intensifying the Management and Re-establishment of Order and Discipline in Cultural Activities and Cultural Services and promoting the Elimination of a Number of Grave Social Evils, Cong Bcio, Official Gazette, No. 7 (15-4-1996), p. 24.

8` Ibid., p. 25. 83 Cf. Articles 202 and 203 of the Penal Code. Selection of Fundamental Laws and Regulations of Viet Nam. Neither drug use nor prostitution seems to be crimes according to the Penal Code. It might be that the Penal Code has been amended since the publication of this English translation. 84 The information appeared in a communication to the Vietnamese government dated 3 Dec. 1993. UN Doc. E/CN.4/79, 20 January 1994 (French), para. 81. 1. 85 UN Doc. E/CN.4/1997/60/Add.l, 23 December 1996, para. 559. 86 On 18 July 1996. Ibid., para. 560.

87 UN Doc. E/CN.4/1995/31/Add.4, 21 December 1994, para. 39. 88 In the Vietnamese view the accountability to the National Assembly confers on it a sort of popular legitimacy. UN Doc. E/CN.4/1995/31/Add.4, 21 December 1994, paras. 53 and 56. 89 Amnesty International. Report 1994, pp. 315-16. 90 UN Doc. E/CN.4/1995/31/Add.4, 21 December 1994, para. 11. 91 Ibid., paras. 62 and 65. 92 Nowak, Manfred, UN Covenant on Civil and Political Rights. CCPR Commentary, p.238, para. 4. See Articles 14, 26 and 2.1 of the ICCPR.

93 An Introduction to the Vietnamese Legal System, p. 31. 94 Nowak, Manfred, UN Covenant on Civil and Political Rights. CCPR Commentary, para. 3. 95 See above under freedom of expression. 96 See for example Article 72.2 and 82.2. UN Doc. E/CN.4/1995/31/Add.4, 21 December 1994, paras. 35-36. 97 Australia-Viet Nam Dialogue: the Currents of Change, para. 2.36. 98 Article 3 of the Civil Code provides for the principle of respect for the pre-eminence of the law. The Civil Code was adopted on 28 December 1995. For an English translation see: The Socialist Republic of Vietnam. Civil Code. 99 Articles 2 and 26 of the Civil Code.

Article 5 of the ICESCR has the same wording. Article 27 of the Civil Code. ioz Australia-Viet Nam Dialogue: the Currents of Change, p. 62. io3 The economic courts were set up 1 July 1994 and the administrative courts 1 July 1996. The author regrets not being in possession of the relevant legislation. Viet Nam Report on Human Rights Practices for 1996, sect.l.e; Vi�t Nam News. The English Language Daily, Wednesday, 12 February 1997, p. 1. The author is not in possession of the text of the Criminal Procedure Code. All references to provisions are therefore from secondary sources. The Code was to be amended by the National Assembly spring 1997. io5 Australia-Viet Nam Dialogue: the Currents of Change, para. 2.27. 106 Article 130 of the 1992 Constitution; Article 17 of the Criminal Procedure Code.

An Introduction to the Vietnamese Legal System, pp. 41-42 and 50. Articles 103.8 and 135 of the 1992 Constitution. The People's Councils are local organs of State power (Article 119 of the 1992 Constitution). Australia-Viet Nam Dialogue: the Currents of Change, para. 2.28; An Introduction to the Vietnamese Gegal System, p. 33. io9 Ibid., p. 52. Articles 12 and 36 of the Criminal Procedure Code. An Introduction to the Vietnamese Legal System, p. 50. 111 UN Doc. E/CN.4/1995/31/Add.4, 21 December 1994, para. 39. It has been reported that the police and prosecuting authorities create serious problems by not permitting access to legal counselling. An Introduction to the Vietnamese Legal System, p. 33. nz „., ,� n2 /bid., p. 52. /bid., p. 33; Australia-Viet Nam Dialogue: the Currents of Change, para. 2.28. An Introduction to the Vietnamese Legal System, p. 95. n5 No complete graduate legal training exists outside Hanoi and Ho Chi Minh City. Ibid., p. 10.

Australia-Viet Nam Dialogue: the Currents of Change, para. 3.15. Article 4 of the Constitution of 1992. Australia-Viet Nam Dialogue: the Currents of Change, para. 3.16. Cf. Article 2.1 of the ICESCR and Article 4 of the CRC. Eide, Asbj0rn, "Human rights requirements to social and economic development", Food Policy, p. 34. Tomasevski, Katarina, "Indicators", in Economic, Social and Cultural Rights. A Textbook, p. 395.

Kokko, Ari and Zejan, Mario, Viet Nam 1996. Approaching the Next Stage of Reforms, p. 1. 121 Country Report. Vietnam, p. 21. This statement runs close to Article 15 of the 1992 Constitution. The GNP per capita in 1993 was US$ 170, UNDP, Human Development Report 1996, p. 171. Depending on the definition of "poverty", 20-40 percent of the Vietnamese population is poor. UNDP, UN1CEF, Catching Up. Capacity Development for Poverty Elimination in Viet Nam, p. 124. Kokko, Ari and Zejan, Mario, Viet Nam 1996. Approaching the Next Stage of Reforms, pp. 1 and 4-5. 124 UNDP, UNICEF, Catching Up, p. 124.

125 see below the sections on health and education. the definition of the informal sector is not well established. A popular definition includes all self- employed and unpaid family workers, excluding very small professional firms. The definition is limited by the number of workers and/or capital investment. UN Doc. ST/ESCAP/1706, pp. 5-6. Ibid., p. 12. See below under the right to work. Women, children, the informal economic and housing sector, the impoverished, ethnic minorites, non-nationals and unemployed are among categories of interest. UN Doc. E/CN.4/Sub.2/1990/19, 6 July 1990, para. 28. 129 Viet Nam has the potential of becoming the second largest rice producer in the world. Viet Nam News. The English Language Daily, Monday, 3 February 1997. i3o UNICEF, Viet Nam: Women and Children. A Situation Analysis, p. 75; UNDP., Human Development Report 1996, p. 163.

131 UNDP, UNICEF, Catching Up, p. 85. 132 ibid., p. 86. 133 In 1960 the life expectancy at birth was 44.2 years and in 1993 65.5 years. Infant mortality decreased during the same period from 147 to 42 per 100 births. The percentage of underweight children decreased by 10 percent from 55 percent in 1975 to 45 percent in 1985-1995. UNDP, Human Development Report 1996, p. 149. UNICEF, Viet Nam: Women and Children. A Situation Analysis, pp. 69-75. 135 ?«/.. pp. 76-77.

Country Profile. Indochina: Vietnam, Laos, Cambodia, p. 37; UNDP, Human Development Report 1996, p. 179. UNICEF, Viet Nam: Women and Children. A Situation Analysis, p. 75. In 1993 90 percent of the population had iodine deficiency. At present 56 percent of the population use iodinised salt, which has been subsidised in remote areas to increase usage. This has resulted in an almost 100 percent coverage. The vitamin A campaign was made nation-wide in 1993. Viet Nam Xerophthalmia Free. 1994 National Vitamin A Deficiency and Protein- Energy Malnutrition Prevalence Survey; UNICEF, Viet Nam: Women and Children. A Situation Analysis, p. 76. Information was provided by Ms. Tolvanen, UNICEF, Hanoi, 17 February 1997. t39 UNDP, UNICEF, Catching 8 U , P pp. 86-87. 140 Ibid., pp. 85-86. 141 See Article 11 of the ICESCR; Articles 24.2(c), 27.3 of the CRC; and Article 25 of the UDHR.

t42 Selection of Fundamental Laws and Regulations of Vietnam, p. 283. ta3 Articles 1, 2.1 and 73 of the Land Law. 144 Article 3.2 of the Land Law of 14 July 1993. 145 Article 20, para. 2 of the Land Law. tab Decree 64/CP sets the following limits to agricultural land holdings Viet Nam: 3 hectares (South) and 2 hectares (North) for annual cropping areas, 10 hectares (Lowlands) and 30 hectares (Mid- and Upland). UNDP, UNICEF, Catching Up, p. 40 at note 8; IMF Economic Review, p. 5. 147 UNDP, UNICEF, ibid, pp. 40-42 and 46. 148 see e.g. Articles 26.3 and 72 of the Land Law providing for reallocation of unused land. UNDP, UNICEF, ibid., p. 42. 149 UNDP, UNFPA, UNICEF, Poverty Elimination in Vietnam, p. 29; UNDP, UNICEF, ibid., p. 44.

150 UNDP, UNICEF, ibid., pp. 41 and 43. Kokko,, Ari and Zejan, Mario, Viet Nam 1996. Approaching the Next Stage of Reforms, p. 5 and Table 2 at p. 6; Viet Nam, IMF Economic Review, p. 5. 152 Viet Nam, IMF Economic Review, No. 13, November 1994, p. 4. t53 Kokko, Ari and Zejan, Mario, Viet Nam 1996. Approaching the Next Stage of Reforms, p. 5.

154 UNDP, UNICEF, Catching Up, p. 65. 155 Ibid., p. 66. 156 Viet Nam, IMF Economic Review, p. 5. 157 UNDP, UNICEF. Catching Up, pp. 70-71. 158 Ibid., p. 73.

159 Sections 5.1, 14.2, 110.2 and 125 of the Labour Code. The Labour Code was passed on 23 July 1994. It regulates the relationship between the employer and the wage-earning worker and the social relationships directly connected to the employment (Article 1). An English translation is available in Selection of Fundamental Laws and Regulations of Vietnam, p. 443. 160 Sections 6, I 19-122 of the Labour Code. Viet Nam, IMF Economic Review, p. 53. Viet Nam is party to ILO Conventions No.5 and No. 123 on Minimum Age (Industry and Undeground Work). 161 Sections 109-118 of the Labour Code and Decree No.23-CP of 18 April 1996, of the Government Providing Details, and Guidance for the Implementation of a Number of Articles of the Labour Code on Women Labourers. Viet Nam is party to ILO Convention No.45 on Underground Work (Women) but not to No.111 on Discrimination (Employment and Occupation). 162 Sections 68-81 of the Labour Code. Viet Nam is party to ILO Convention No. 14 on Weekly Rest (Industry). tb3 In 1993 20.4 percent of the total population was employed in urban areas according to Viet Nam, IMF Economic Review, p. 53.

�6a Country Profile. Vietnam. 1995-96, p. 15. i65 320,000 civil servants were laid off between 1988 and 1991, and plans for a further 20 percent cut were announced in 1992. Country Profile. Indochina: Vietnam, Laos, Cambodia. 1994-95, p. 33. 166 Viet Nam, IMF Economic Review, p. 9. Country Profile. Indochina: Vietnam, Laos, Cambodia. 1994-95, p.33. 168 Viet Nam, IMF Economic Review, p. 9. i69 Country Profle. Indochina: Vietnam, Laos, Cambodia. 1994-95, p.33. This estimate should be compared to these figures which indicates a much lower unemployment rate of 6 percent: The employed labour force was in 1992, 45.8 percent, and in 1993, 46.2 percent of the total population. In 1992, the labour force consisted of 51.5 percent and in 1993 of 51.7 percent of the population. Viet Nam, IMF Economic Review, p. 53. Viet Nam, IMF Economic Review, p. 9.

l6id., No. 13, November 1994, p. 10. The official unemployment figure for Hanoi was put at 25 percent and for Ho Chi Minh City at 17 percent according to Country Profile. Indochina: Vietnam, Laos, Cam6odia. 1994-95, p. 33. This remarkable difference between the figures for Hangi may have its basis in that the latter figures are from an earlier date. Viet Nam, IMF Economic Review, p. 10. Sections 55, 56, 57 and 132 of the Labour Code. Articles 3 and 4 of the Decree on the Implementation of a Number of Articles of the Labour Code with respect to Wages. Viet Nam, IMF Economic Review, p. 11. The minimum wage was $ 45 in July 1996; Country Report. Vietnam. 4th quarter 1996, p. 27. Viet Nam, IMF Economic Review, p. 56. Viet Nam. Labour and social issues in a transition economy, pp. 10-11. 1.

Article 9 of the ICESCR; UN Doc. E/1992/23. Articles 10 and 11.1 of the ICESCR; Article 27.3 of the CRC. Scheinin, Martin "The Right to Social Security", in Economic, Social and Cultural Rights. A Textbook, pp. 162-164. UNDP and UNICEF, Catching Up, p. 114; Viet Nam. Labour and social issues in a transition economy, p. 35. Sections 141-146 and 149 of the Labour Code.

181 UNDP and UNICEF, Catching Up, p. 115. See Viet Nam, IMF Economic Review, p. 10 and Viet Nam. Labour and social issues in a transition economy, pp. 34-35, for more and complementary information on the earlier system. 182 UNDP and UNICEF, Catching Up, p. 117. ta3 Ibid.., p. 114, Table 8-2 at p. 116, and Box 8-1 at p. 118. vie Nam is a low-income country according to the 1995 classification. Workers in an Integrating World, World Development Report, pp. 5 and 248. 185 UNDP and UNICEF, Catching Up, p. 117.

Tomasevski, Katarina, "Health Rights", in Economic, Social and Cultural Rights. A Textbook, p. 127. It should be observed that Article 12 of the ICESCR provides for the progressive implementation of the right, while with regard to children, Article 24.2 of the CRC, State parties "shall pursue full implementation of this right" 188 UNICEF, Viet Nam: Women and Children. A Situation Analysis, p. 49. See Article 24.4 of the CRC. See paragraph 1 of Article 24 of the CRC which reads as follows: "States Parties recognize the right of the child to the enjoyment of the highest attainable standard of health and to facilities for the treatment of illness and rehabilitation of health. States Parties shall strive to ensure that no child is deprived of his and her right of access to health care services." 190 UNICEF, Viet Nam.� Women and Children. A Situation Analysis, p. 76. 1 Q 1 191 Country Pro�le. Vietnam, p. 21; UNDP, UNFPA, UNICEF, Poverty Elimination in Vietnam, p. 55. Witter, Sophie, "'Doi Moi' and Health: the Effect of Economic Reforms on the Health System in Vietnam", p. 160. The infant mortality rate in 1988 was lower than Indonesia's, a country which was three times as well-off as Viet Nam on a per capita basis. UNDP, UNFPA, UNICEF,

Poverty Elimination in Vietuam, p. 55. Article 61 of the 1980 Constitution. For the text in French, see Les Constitutions du Vietnam. 1946-1959-1980-1992,p. 79. 194 Witter, Sophie, "'Doi Moi' and Health", p. 160; Country Profile. Vietnam, p. 21. 195 Tomasevski, Katarina, "Indicators", in Economic, Social and Cultural Rights. A Textbook, pp. 389-401, at 401. 196 Country Profile. Vietnam, 1995-96, London, The Economist Intelligence Unit Ltd, 1996, p. 21. UNDP, UNFPA, UNICEF, Poverty Elimination in Vietnam, p. 58. �9a /bid., p. 56. 1QQ 199 Witter, Sophie, "'Doi Moi' and Health", p. 163.

200 Kokko, Ari and Zejan, Mario, Viet Nam 1996. Approaching the Next Stage of Reforms, pp. 8, 9; Witter, Sophie, "'Doi Moi' and Health", p. 163 with reference to a World Bank study of 1995. 20� UN1CEF, Viet Nam: Women and Children. A Situation Analysis, p. 48. 202 Witter, Sophie, "'Doi Moi' and Health", p. 164. zo3 Kokko, Ari and Zejan, Mario, Viet Nam 1996. Approaching the Next Stage of Reforms, p. 8; Witter, Sophie, "'Doi Moi' and Health", p. 163; UNICEF, Viet Nam: Women and Children. A Situation Analysis, p. 48. 204 According to National Health Programme Expenditures 1993-1995 (table 6-3), the increase in expenditure on the anti-malaria programme was 35 percent; the anti-goitre programme 110 percent; the expanded programme on immunisation (EPI) 167 percent; the anti-HIV programme 350 percent; water supply for mountainous regions 300 percent. UNDP, UNICEF, Catching Up, pp. 87 and 88. 205 Witter, Sophie, "'Doi Moi' and Health", p. 164. 206 UNDP, UNICEF, Catching Up, p. 88.

Country Report. Vietnam, p. 18. 208 UNDP., UNFPA, UNICEF, Poverty Elimination in Vietnam, p. 56. UNDP and UNICEF, Catching Up, p. 100. This was emphasized in a meeting with Ms. Furniss, 21 February 1997, UNICEF, Hanoi. The UNDP reports a literacy rate of 83.8 percent in 1992. UNDP and UNICEF, Catching Up, p. 99. Acoording to Ms. Furniss, the current literacy rate is estimated to be 91 percent. 212 in 1988, 94 percent of males and 93 percent of females were enroled in primary and secondary education and in 1989, adult literacy rates were 84 percent for women and 93 percent for men, and 87 percent for the rural and 94 percent for the urban population. Vietnam. Education Financing Sector Study, p. 4 at note 5; Country Pro�le. Vietnam, p. 21. 213 49.5 percent of primary, 49.1 percent of lower secondary and 44.8 percent of higher secondary enrolments are female, while less female enrolment is shown in higher education (40 percent). Information provided by the Ministry of Education and Training (MOET). Vietnam. Education Financing Sector Study, p. 14. 214 UNDP and UNICEF, Catching Up, p. 100. Zi5 Furniss, Elaine, "Primary Education: the Development of Bilingual Literacy Materials for Ethnic Minorities in Vietnam", p. 2.

Country Profile. Vietnam, p. 21. According to a recent study by the World Bank, education and training's share of the discretionary state budget was 9.3 percent in 1992, 9.9 percent in 1993 and 11.8 percent in 1994. The percentages of the GDP in these years were 2.1 percent, 2.9 percent and 3.6 percent. Vietnam. Education Financing Sector Study, p. 4 at note 7. 218 Country Profile. Vietnam, 1995-96, p. 21. In UNDP and UNICEF, Catching Up, p. 100, the primary gross enrolment rate in 1995 is reported to be 112 percent because pupils outside the target group (6-10 years-old) are included. run Doc. CRC/C/3/Add.4, 22 October 1992, para. 192. UNDP. and UNICEF, Catching Up, p. 100. Completion rates of primary education as low as 60 percent and 30 percent for the mountainous regions were mentioned in meetings with Ms. Furniss. 221 Vietnam. Education Financing Sector Study, p. 9. 222 ,.., . 222 ibis., p. 4.

223 Ibid., p. 5. 22a Article 59 of the 1992 Constitution. Selection of Fundamental Laws and Regulations of Vietnam. Articles 1 and 5. An English translation of the law is found in Children's Rights in National and International Law, p. 46. 226 Vietnam. Education Financing Sector Study, World Bank, pp. 42-43.

UNDP., Overview of Official Development Assistance in Viet Nam, p.2. 228 more than half of all central government current spending was on Hanoi, while 21 provinces received nothing from this source. Current spending per capita was 20 times higher than the national average. Vietnam. Education Financing Sector Study, note 18 at p. 45. 229 Vietnam. Education Financing Sector Study, pp. 44-45. 230 Ibid., table 3.5 at p. 45-6. 231 UNDP and UNICEF, Catching Up, p. 107. 232 UNDP, UNFPA, UNICEF, Poverty Elimination in Vietnam, p. 15. z33 "Semi-public": owned and managed by the state and managed by public authorities; "people founded": owned and managed by non-government organisations; "private": owned and managed by private individuals, who are at present permitted only in pre-school education and vocational and technical education and training (VOTECH). Vietnam. Education Financing Sector Study, pp. xiii, 33 and 61.

zsa From the school year 1993/94 to 1995/96 the enrolment rate increased from about 18 percent to 43 percent at pre-school level, and from about 14 percent to 31 percent at upper-secondary level. Vietnam. Education Financing Sector Study, figure 2.18 at p. 35 and p. 36. zss Ibid., pp. 35 and 60. 236 .... 236 ibis., p. xii. Articles 4 of the Law on the Universalisation of Primary Education. z3$ UNDP, UNFPA, UNICEF, Poverty Elimination in Vietnam, p. 26. z39 Information from Ms. Furniss. 240 oral teaching of the language can take place from the first grade, while the script is taught only from grade 3 if it is romanised. UNDP and UNICEF, Catching Up, p. 102; Furniss, Elaine, "Primary Education: the Development of Bilingual Literacy Materials for Ethnic Minorities in Vietnarri', p. 5.

z4i 60,000 teachers are lacking for primary education for ethnic minorities. Furthermore, the so-called 15 percent window in the compulsory curriculum can be used at the local level to develop materials specially adapted to the situation of minorities. This opportunity is hardly used by local teachers finding it difficult to cover the already existing curriculum. Information from Ms. Furniss, UNICEF. zaz UNDP and UNICEF, Catching Up, p. 107. zas ibid, p. 108. z44 Australia-Viet Nam Dialogue: the Currents of Change, para. 3.44; UNICEF, Viet Nam: Women and Children. A Suuation Analysis, p. 27.

245 UNICEF, Viet Nam: Women and Children. A Situation Analysis, pp. 27-28. 246 Article 5 of the law provides that women must be 18 years of age and men 20 years. In rural areas women often marry at I6-18 years, while in the cities it may be around 23-25 years. Information received from Dr. Do Thi Binh at the Center for Family and Woman Studies in Hanoi on 18 February 1997. 247 Different information has been received on the question whether penalties follow upon non- compliance with set family planning goals. It was reported in Hanoi that penalties should not follow, but sometimes did, while UNICEF reports that penalties vary depending upon the location. Most penalties took the form of higher payment for social services. UNICEF, Viet Nam: Women and Children. A Situation Analysis, p. 31. 1. 248 or. Do Thi Binh estimated that women represent more than 60 percent of the labour force. za9 UNICEF, Viet Nam, Women and Children. A Situation Analysis, p. 32. 25o Figures up to 1992 show a declining representation of women, with a slight rise in 1992 to 18.5 percent; UNICEF, Viet Nam: Women and Children. A Situation Analysis, p. 29.

251 Tomasevski, Katarina, "Viet Nam", Human Rights in Developing Countries, Yearbook 1993, p. 365. Furthermore, regional traditions may involve prejudices which perpetuate discrimination against women and girls. UN Doc. CRC/C/15 Add. 3, 18 February 1993, para. 6. 252 Articles 3 and 4 of the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW). Article 63, para. 3 of the Constitution of 1992 provides that the "State and society shall create the necessary conditions for women to raise their qualifications in all fields and fully play their roles in society" 253 Article 5 of CEDAW. 25a See Vu Ngoc Binh, Facts about the Rights of the Child; Children's Rights in National and International Law, selected by Vu Ngoc Binh. 255 UN Doc. CRC/C/15 Add. 3, 18 February 1993, para. 7. 256 "Criminal law revised for better child protection", Viet Nam News. The English Daily, December 22, 1996, p.5. 257 'law enforcement officials embark on child rights training", Viet Nam News. The English Language Daily, December 29, 1996, p. 1. articles 7 and 8 of the Law on the Protection, Care and Education of Children and Articles 115 and 149 of the Penal Code which criminalise trafficking.

259 See Article 30 of the Civil Code. A person may request that it is redetermined on the basis of the parents having different ethnicity or that an adopted person wishes to have the same ethnicity as the biological parents. the term "minority" was avoided in Viet Nam since it might imply some notion of inequality. The term "sister nationalities", or geographical descriptions such as towns-people or mountain people" were preferred, UN Doc. E/CN.4/1995/S.R.21, 17 February 1995, para. 22. 26i Public Administration in Ethnic Minority Areas in Vietnam, pp. 3-5, 20-21; Report on Educational development in ethnic minoriry areas of Vietnam, pp. 3-5. 262 UNDP, UNFPA, UNICEF, Poverty Elimination in Vietnam, p. 28. z63 Ibid., p. 24-25.

z6a public Administration in Ethnic Minority Areas in Vietnam, p.8. 265 UNDP, UNFPA, UNICEF, Poverty Elimination in Vietnam, p. 27. 266 public Administration in Ethnic Minority Areas in Vietnam, p. 7. 267 UNDP, UNFPA, UNICEF, Poverty Elimination in Vietnam, p. 27. z6s public Administration in Ethnic Minority Areas in Vietnam, p. 8. 269 UNDP, UNFPA, UNICEF, Poverty Elimination in Vietnam, pp. 25-26. The Muong has Vietnamese as their mother tongue. 270 it should be noted that the upland and mountainous areas are only partly made up by ethnic minorities; these areas also include persons belonging to the Kinh majority, Public Administration in Ethnic Minority Areas in Vietnam, p. 2-3. zm Article 5, para. 4, provides for the adoption of special measures (including affirmative action) for ethnic minorities. It reads as follows: "The State carries out a policy of comprehensive development and gradually raises the material and spiritual living conditions of the national minorities." Selection of Fundamental Laws and Regulations of Vietnam, p. 10.

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