EN Official Journal of the European Union CE 78/637

(2004/C 78 E/0672)

WRITTEN QUESTION P-3732/03

by Olivier Dupuis (NI) to the Commission

(3 December 2003)

Subject: Vietnam

Under the terms of the EU-Vietnam Cooperation Agreement, the EU-Vietnam Joint Committee which monitors the implementation ofthat agreement met on 21 November 2003 in Brussels. According to the Agence Europe bulletin of 25 November 2003, the Commission and the Vietnamese authorities decided to broaden their dialogue to embrace subjects such as governance and human rights, which will be dealt with by a new sub-group set up at the meeting in question. However, the Commission has not supplied any information concerning undertakings given by the Vietnamese authorities to implement reforms which would ensure that in future Vietnam is not in breach of Article 1 of the Cooperation Agreement (human rights clause). This is particularly relevant because, the day before the meeting of the Joint Committee, Parliament had adopted a fresh resolution calling on the Commission to make the issue of freedom of religion and more specifically, the granting of legal status to non-recognised churches one of the priority objectives of the legal reform policy which the Commission is supporting by means of an aid programme.

What are the legal and political bases for the Commission's decision to consider broadening EU-Vietnam dialogue?

Does the Commission not take the view that Article 1 of the Cooperation Agreement (human rights clause) already constitutes an adequate legal and political basis for tackling all issues relating to respect for human rights by both parties?

Does the Commission not take the view that the establishment of a sub-group with responsibility for human rights and governance in fact amounts to devaluing the issue of human rights and to creating a main forum for dialogue which will enable the two sides to discuss ‘important’ matters, such as the cooperation programme, the implementation of the agreement on textiles, etc., without being distracted by ‘marginal’ issues, such as serious breaches of freedom of religion, association, expression, etc.?

At the meeting of the Joint Committee, what assurances did the Commission obtain regarding the willingness of the Vietnamese authorities to grant legal status to non-recognised churches, and first and foremost the Unified Buddist Church of Vietnam (UBCV), without delay?

Under its legal reform support programme, does the Commission intend to provide the Vietnamese authorities with technical assistance which will enable them to grant the UBCV and other non-recognised churches legal status as soon as possible?

Does the Commission intend to make the continuation of the legal reform aid programme and, more generally, all cooperation aid to Vietnam contingent on reforms granting the various religious faiths in Vietnam legal status?

More generally, can the Commission provide detailed information concerning the projects which it has financed or co-financed under its legal reform aid programme?

Answer given by Mr Patten on behalf of the Commission

(21 January 2004)

At its meeting of 21 November 2003 in Brussels the Community-Vietnam Joint Commission agreed to reinforce the dialogue and cooperation on human rights and related issues and established a sub-group on ‘Cooperation in Institution Building, Administrative Reform, Governance and Human Rights’ in accordance with Article 14(3) of the Community-Vietnam Cooperation Agreement. Two other sub-groups on Development and Economic Cooperation as well as on Trade and Investment were already created in 1996 and have since met on a regular basis, last on 20 November 2003, to prepare and report to the Joint Commission.

The specific objectives of the new sub-group are to establish a regular dialogue to increase the mutual understanding in the sectors concerned, to devise guidelines for cooperation activities in the areas covered by the sub-group and to identify subjects for which Community assistance would be most useful and productive. The sub-group reports and makes recommendations to the Joint Commission, which will monitor progress of its work. The activities of the sub-group will consist of formal meetings and informal events (seminars, round tables, visit programmes, etc) and will be complementary to the established and recently reinforced EU-Vietnam Human Rights dialogue between the Union Troika Heads of Mission in Hanoi and the Government of Vietnam.

The Commission reconfirms its commitment to addressing the situation of human rights in Vietnam in all political dialogue meetings with Vietnam. The Commission has raised human rights concerns during the Joint Commission meeting, amongst others by pointing to the Parliament Resolution on religious freedom of 20 November 2003. Moreover, the EU Troika ambassadors at the EU Human Rights dialogue meeting with the Government of Vietnam on 26 November 2003, have again expressed concern and raised questions about the free exercise of fundamental freedoms in Vietnam (freedom of opinion, press, religion and association), the situation of persons of concern, death penalty and torture as well as the situation of ethnic minorities. The EU Troika emphasised the importance of increased transparency, and the need for the dialogue to translate into concrete improvements on the ground. In following up on these meetings the Union will continue to monitor the situation closely, and to press for improvements in Vietnam's human rights record.

The Commission, like the Member States, believes that only a combination of dialogue and cooperation can contribute to an improvement of the human rights situation in Vietnam. These will contribute to develop greater tolerance towards dissent and acceptance of different views. Moreover, the country is in the process of challenging social, economic and legal reform, not least in view of its intended World Trade Organisation (WTO) accession, which entails the need to develop more transparent, accountable and modern governance. This process is also an important factor for the emergence of a more open environment, where civil, political and religious rights can be improved.

Under the National Indicative Programme 2002-2004, EUR 9 million is earmarked for an institutional support programme, which is currently under preparation and shall target key capacity problems within the most significant legislative and judicial agencies, the National Assembly, Ministry of Justice, Supreme Peoples Court, and Supreme Peoples Procuracy, and their respective training institutions.