WRITTEN QUESTION E-0706/03

by Olivier Dupuis (NI) to the Commission

(10 March 2003)

Subject: Vietnam suppresses freedom of expression and the right to demonstrate

Despite the repeated demonstrations of support from the Commission and the Member States for the legal reform strategy for Vietnam (cf. the reply to Written Question E-0003/03(1)), the Vietnamese authorities continue to break their international obligations by adopting fresh laws further restricting the exercise of fundamental freedoms and rights. According to the Vietnam Committee for Human Rights, based in Paris, major new restrictions have just been placed on the freedom of expression, following the adoption of Decision 28 on Foreign Publications (Ministry of Culture and Information, 21 November 2002). This decree lays down that publications from all non-Vietnamese organisations, including diplomatic bodies, international NGOs, foreign businesses and even press agencies will be subject to state censorship. The publication of press releases, Internet documents and any other documentation deemed contrary to the interests of the Socialist state (Article 22, SRV of the Press Law) is now punishable. The right to demonstrate peacefully will be restricted in the near future. The official daily Lao Dong (13 January 2003), reports that Minister Doan Manh Giao is currently preparing legislation banning public assemblies in front of party and government buildings and offices, and punishing any individual who uses complaints or petitions to incite people to demonstrate. The law is particularly aimed at stopping peaceful demonstrations by peasants and farmers protesting against public corruption and state confiscation of land. Many peasants have been arrested following such demonstrations. On 21 October 2002, in Ninh Binh (north Vietnam) all villagers were sentenced to prison terms of up to 13 years for having provoked social unrest and in December 2002, a further 21 peasants were arrested. In response to the peasant demonstrations of May 2002, the Secretary-General of the Party, Mr Nong Duc Manh, stated that the fact that people gather with placards is abnormal and that in Vietnam, democracy had gone too far in several instances.

Is the Commission aware of the fact that the Vietnamese authorities are stepping up repressive legislation? What measures has it taken or does it intend to take so as to prevent European tax payers' money being used to fund such anti-democratic measures? Do the Commission and the Member States tend to continue to support the legal reform in ten years strategy if Vietnam blatantly continues to misuse EU funds destined for legal reform?

(1) OJ C 155 E, 3.7.2003, p. 206.

Answer given by Mr Patten on behalf of the Commission

(26 March 2003)

The Commission is aware of the legislative and administrative measures referred to in the question and that both the measures and the manner of their application which for a number of them has not yet begun will need to be monitored closely in cooperation with the representatives of the Member States in Vietnam. In the mean-time, the Commission has already received a report that Decision No 28 may be reviewed by the Government of Vietnam.

The Commission can assure the Honourable Member that its procedures for the preparation and implementation of Community-Vietnam Cooperation projects and programmes ensure that there is no possibility of Community funds being applied for any purpose other than those approved by the Commission. The Commission remains of the view that its participation, together with other international donors including Member States, in the preparation of the Legal Needs Assessment will contribute positively to the development of a modern and effective legal system in Vietnam.

The Commission, together with the representatives of the Member States, will continue to follow closely the human rights situation in Vietnam and to raise specific concerns with the Government of Vietnam as appropriate.