4 See e.g., Council of the European Union, EU Human Rights Guidelines on Freedom of Expression Online and Offline, Foreign Affairs Council meeting, Brussels, 12 May 2014; Council of t[r]
Trang 1Dr Trinh Hai Yen
Diplomatic Academy of Vietnam
Abstract
This paper examines the content and tools of the EU foreign policy in terms of promoting human rights in third countries as well as its impact on Vietnam’s legislative development Under its external policies, the EU aims at fostering human rights worldwide, upholding the universality and indivisibility of human rights, though its external actions on economic, social and cultural rights are less elabourated than those on civil and political rights It has designed the framework governing the formulation, implementation and assessment of these policies The EU integrates the promotion
of human rights in all aspects, including trade, investment, technology and telecommunications, the Internet, energy, environment, corporate social responsibility and development policy as well
as in Common Security and Defence Policy (CSDP) and the external dimensions of employment and social policy and the area of freedom, security and justice, including counter-terrorism policy
It has employed multiple economic and political instruments to promote human rights abroad such
as Generalised System of Preferences, the European Instrument for Democracy and Human Rights, sustainable development chapters of the EU trade agreements, political, human rights dialogues, public declarations, statements, etc These are also applicable in the case of Vietnam There exists some impact or correlation between changes in the Vietnam’s legal framework on safeguarding human rights and the EU recommendations on the same subject matters is without having to conduct a comprehensive review of all internal and external driving forces for those changes The first law-making changes discussed is Vietnam’s conclusion of new treaties which are mentioned in human rights dialogues and the FTA with EU Second, revising domestic laws and new draft law projects appear to be consistent with the rights and freedoms prioritized by the
EU in its external relationship with Vietnam.
Key words: EU, human rights, external policy, Vietnam, human rights treaties
1 The promotion of human rights in the EU external policies
1.1 Framework for human rights promotion in the EU’s external policies
The European Union’s founding values, as provided under Article 2 of the Treaty on European Union (TEU) 1992, include respect for human rights, human dignity, freedom and equality Universal human rights and fundamental freedoms, as core values of the EU, have inspired its own creation, development and enlargement1
1 Art 2.5 of the TEU.
Trang 2One of the objectives laid down in its constituent instrument is to uphold and promote these values, contribute to the protection of human rights in its relations with “the wider world”1 As a foundation for the external policy regarding human rights, the EU expressly declare the internal standards, “fundamental rights, as guaranteed by the European Convention for the Protection of Human Rights and Fundamental Freedoms” as general principles of its law2 All aspects of the EU external policies must be consistent with these principles3 The TEU also provides that the EU “shall define and pursue common policies and actions, and shall work for a high degree of cooperation in all fields of international relations, in order to: …consolidate and support democracy, the rule of law, human rights and the principles of international law’.4 Therefore, the EU designs its external policies specifically aimed at fostering human rights worldwide
Putting in practice, human rights have proved to play a crucial role in the EU external activities5 Several key documents have laid down the framework governing the formulation, implementation and assessment of these policies The Strategic Framework for Human Rights and Democracy for the European Union6, adopted by the Council of the European Union on 25 June 2012, sets forth the principles, objectives and priorities of EU policy in promoting human rights This framework is the first success to create the EU unified plan of action both internally and externally “to build a world founded on respect for human rights, democracy and the rule of law’7 The EU integrates the promotion
of human rights in all aspects, including trade, investment, technology and telecommunications, the Internet, energy, environment, corporate social responsibility and development policy as well as in Common Security and Defence Policy (CSDP) and the external dimensions of employment and social policy and the area of freedom, security and justice, including counter-terrorism policy8
In general, the EU emphasizes its commitment to the promotion and protection of all human rights, whether civil and political, or economic, social and cultural, and thus advancing the universality and indivisibility of human rights and fundamental freedoms9 The European Commission Communication entitled “The European Union’s role in promoting human rights and democracy in third countries” already stated in 2001 that “the EU seeks to uphold the universality and indivisibility of human rights – civil, political, economic, social and cultural – as reaffirmed by the 1993 World Conference
on Human Rights in Vienna”10 Human rights, as universally applicable legal norms, in the EU view, are enshrined in the Universal Declaration of Human Rights, key international human rights treaties,
1 Art 6.3 of the TEU.
2 Art 205 of the Treaty on the Functioning of the European Union (TFEU).
3 Art 21.2 of the TEU.
4 See Joint communication to the European Parliament and the Council Human Rights and Democracy at the heart of
EU external Action - Towards a more effective approach’ COM (2011) 886 final (hereinafter Joint Communication human rights and democracy at the heart of EU external action)
5 Council of the European Union, ‘Human Rights and Democracy: EU Strategic Framework and EU Action Plan’, 11855/12 [2012] (hereinafter Strategic Framework on Human Rights and Democracy).
6 Strategic Framework on Human Rights and Democracy, 2
7 Ibid
8 Art 21.1 of the TEU.
9 Communication from the Commission to the Council and the European Parliament, ‘The European Union’s role in promoting human rights and democratization in third countries’ COM (2001) 252 final
10 Strategic Framework on Human Rights and Democracy, 1, 4.
Trang 3including core labour rights conventions, as well as regional human rights instruments.
The Union has consistently and formally advocated for the approach of universal and indivisible
rights Nonetheless, the Strategic Framework on Human Rights and Democracy identify an extensive
list of some themes which are currently being given priority in the EU external policies, based on their
significance and contemporary challenges in ensuring respect for them, which includes:
• freedom of expression, opinion, assembly and association, both on-line and offline
• freedom of religion or belief
• abolition of the death penalty
• prohibition of torture
• the right to a fair and impartial administration of justice
• non-discrimination in all forms
• the rights of vulnerable groups including children, women, persons belonging to minorities,
indigenous peoples, refugees, migrants and persons with disabilities
• economic, social and cultural rights
The EU places a high priority on human rights in the EU relations with third countries and takes
a pro-active approach, in particular by using the opportunities offered by political dialogue, trade
and external assistance2 The Council of the European Union also ensures the use of all the Common
Foreign and Security Policy (CFSP) tools, assistance agreements and Common Security and Defence
Policy (CSDP) missions for raising human rights issues in the EU’s relations with third countries3 as
well as for the establishment of a link between all EU policies and the promotion of human rights4
The EU Council has adopted non-binding reference documents on the promotion and protection of
1 ibid.
2 Council of the European Union, ‘Mainstreaming human rights across CFSP and other EU policies’ 10076/06, [2006],
2-6.
3 Council of the European Union, ‘Mainstreaming human rights and gender into European Security and Defence Policy
Compilation of relevant documents’ (General Secretariat of the Council, 2008).
4 See e.g., Council of the European Union, EU Human Rights Guidelines on Freedom of Expression Online and
Offline, Foreign Affairs Council meeting, Brussels, 12 May 2014; Council of the European Union, EU Guidelines
on the promotion and protection of freedom of religion or belief, Foreign Affairs Council meeting, Luxembourg, 24
June 2013; Council of the European Union, Guidelines to promote and protect the enjoyment of all human rights by
lesbian, gay, bisexual, transgender and intersex (LGBTI) persons, Foreign Affairs Council meeting, Luxembourg, 24
June 2013; Council of the European Union, Guidelines on Death Penalty, Common Guidelines, Brussels, 12 April
2013, 8416/13EU; Council of the European Union, Guidelines to EU Policy towards third countries on torture and
other cruel, inhuman or degrading treatment or punishment - An up-date of the Guidelines, Brussels, 20 March 2012,
6129/1/12 REV1; Council of the European Union, Update of the EU Guidelines on Children and Armed Conflict
2008; Council of the European Union, EU Guidelines for the Promotion and Protection of the Rights of the Child
2008; Council of the European Union, EU guidelines on violence against women and girls and combating all forms of
discrimination against them 2008, Council of the European Union, Ensuring protection – European Union Guidelines
on Human Rights Defenders 2008; Council of the European Union, EU Guidelines on promoting compliance with
International Humanitarian Law (IHL) - Technical update, Brussels, 1 December 2009, 16841/09 The updated version
of the Human Rights Guidelines is available at https://eeas.europa.eu/headquarters/headquarters-homepage/8441/
human-rights-guidelines_en (accessed on 15 September 2019)
Trang 4human rights since 1998 covering most of the priority areas identified in the Strategic Framework
to provide different EU organs and staff with practical guidelines to prevent violations of certain human rights1 Formally, while focusing on targeted thematic human rights challenges, the EU aims at maintaining a necessary balance between civil and political rights and economic, social and cultural rights2 Nonetheless, in practice in the relationship with non-EU partners, the Union has focused more on certain rights than others For example, it paid particular attention to restrictions of political and civil rights such as the freedom of expression, association and assembly as well as the situation
of journalists, bloggers and civil society activists as well as women’s rights and the protection of vulnerable groups or minorities in Egypt3 It addressed economic, social and cultural rights in Egypt only in very general terms nonetheless4 Therefore, it has been observed that while the universality and indivisibility of human rights are formally underlined in the EU policy documents, its external actions on economic, social and cultural rights are less elabourated than those on civil and political rights.5 This is also true in the case of Vietnam-EU relationship
1.2 The EU’s economic instruments to promote human rights abroad
A traditional EU’s unilateral trade instrument is the Generalised System of Preferences (GSP), which grants preferential tariff cuts to developing countries on the condition that they comply with human rights conditionalities such as ratifying or implementing international treaties to combat drug trafficking6 or labour rights7 Preamble 24 of the GSP Regulation expressly sets out the negative incentive of withdrawing preferential treatment for violation of human rights as follows8:
“The reasons for temporary withdrawal of the arrangements under the scheme should include serious and systematic violations of the principles laid down in certain international conventions concerning core human rights and labour rights, so as to promote the objectives of those conventions Tariff preferences under the special incentive arrangement for sustainable development and good governance should be temporarily withdrawn if the beneficiary country does not respect its binding undertaking to maintain the ratification and effective implementation
of those conventions or to comply with the reporting requirements imposed by the respective
1 Joint communication to the European Parliament and the Council Action Plan on Human Rights and Democracy (2015-2019) “Keeping human rights at the heart of the EU agenda” JOIN(2015) 16 final (hereinafter Action Plan on Human Rights and Democracy (2015-2019), 6.
2 Katharina Hausler và Alexander Timmer, ‘Human Rights, Democracy and Rule of Law in EU External Action:
Conceptualization and Practice’ European Yearbook on Human Rights, 2015, 240-241
3 Ibid., 241.
4 Ibid., 244.
5 European Commission, ‘Trade, growth and development Tailoring trade and investment policy for those countries most inneed’, Communication from the Commission to the European Parliament, the Council and the European Economic and Social Committee, 27 January 2012, COM(2012) 22 final 13.
6 Clara Portela and Jan Orbie, ‘Sanctions under the EU Generalised System of Preferences and foreign policy: coherence
by accident?’ [2014] 20 Contemporary Politics 63.
7 Regulation (EU) No 978/2012 of the European Parliament and of the Council of 25 October 2012 applying a scheme
of generalised tariff preferences and repealing Council Regulation (EC) No 732/2008.
8 See Council Regulation (EC) 975/1999 See also Peter Simmons, ‘The State of the Art in the EU Democracy Promotion Literature’ (2011) 7 Journal of Contemporary European Research 129
Trang 5conventions, or if the beneficiary country does not cooperate with the Union’s monitoring
procedures as set out in this Regulation”
Another instrument, the European Instrument for Democracy and Human Rights (EIDHR) was
established by the EU Parliament and Council in 2006 based on several earlier initiatives1 This financial tool aims at providing financial assistance to contribute to the development and consolidation
of respect for all human rights and fundamental freedoms, which has been revised several times2
Replacing and building upon the EIDHR (2007-2013) and the European Initiative for Democracy and
Human Rights (2000-2006), the 2014 EIDHR specifies thematic financing tools to support projects
in the area of human rights, fundamental freedoms and democracy in non-EU countries3 In addition
to other EU external assistance instruments, the EIDHR is considered as a unique tool to cooperate
directly with human rights defenders and local civil society organizations and address complicated
human rights issues, such as death penalty, torture, freedom of expression in restrictive contexts, discriminations against vulnerable groups It applies at all levels, national, regional and international,
and in all third countries
The EU has also inserted the European Instrument for Democracy and Human Rights with third
countries since 1995, such as Association Agreements and Partnership and Cooperation Agreements
providing a basis for cooperation on human rights in all areas covered by these agreements4 Respect
for human rights is considered as their essential element These clauses authorize suspension of capacity building, development assistance programmes or suspension of the application of
trade-related advantages in the whole or a part of those agreements, or in more general terms, allow parties to
take appropriate measures in cases of grave human rights violations by the other party5 For example,
Art 1 (1) of the 2010 EU-Korea Framework Agreement provides that “[t]he Parties confirm their
attachment to democratic principles, human rights and fundamental freedoms, and the rule of law
Respect for democratic principles and human rights and fundamental freedoms as laid down in the
Universal Declaration of Human Rights and other relevant international human rights instruments,
which reflect the principle of the rule of law, underpins the internal and international policies of both
Parties and constitutes an essential element of this Agreement”6
1 Regulation 1889/2006 of the European Parliament and of the Council on establishing a financing instrument for the
promotion of democracy and human rights worldwide [2006] OJ L386/1 See also Regulation 235/2014 replaces
Regulation 1889/2006 and applies to the period 2014-2020.
2 Regulation (EU) No 235/2014 of the European Parliament and of the Council of 11 March 2014establishing a financing
instrument for democracy and human rights worldwide.
3 Joint Communication human rights and democracy at the heart of EU external action, 11
4 See e.g., for examples, Art 19 of the Cooperation Agreement between the European Community and the Lao People’s Democratic Republic, 05/12/1997 See also the list of the agreements containing a suspension-human rights
clause, available at http://ec.europa.eu/world/agreements/viewCollection.do?fileID=76196 and the inventory of agreements containing the human rights clause, available at http://ec.europa.eu/world/agreements/viewCollection.
do?fileID=76214 (accessed on 15 September 2019).
5 See Framework Agreement between the European Union and its Member States, of the one part, and the Republic of
Korea, of the other part, signed 10 May 2010 and entered into force 01/06/2014.
6 Cristina Muguruza et al “Report Mapping Legal and Policy Instruments of the EU for human rights and democracy
support”, FRAME, European Commission, 2014, 35.
Trang 6The suspended commitments are aid incentives or trade preferences and thus, considered as not
to have a punitive1 but conditionality approach2 When concluding Free Trade Agreements with third countries, the EU refers to these human rights clauses in political framework agreements or in the event of no existing framework treaties, human rights clauses are usually incorporated directly in the FTAs
In addition to the GSP scheme, human rights clauses, EIDHR, human rights concern can be addressed under sustainable development chapters of the EU trade agreements3 One of the EU’s objectives is to promote sustainable development within the region4 and in the developing countries5 These chapters refer to international instruments6 on sustainable development and reaffirms the contracting parties’ commitment to strengthen their economic, trade, and investment relations in accordance with the objective of sustainable development, in its economic, social and environmental dimensions, and to promote trade and investment in a manner mindful of high levels of environmental and labour protection and relevant internationally-recognised standards and agreements to which they are party7 They ensure respect for labour rights by emphasizing the implementation of ILO Conventions and other multilateral instruments applicable to the parties, require them to adopt or modify their domestic laws and policies in a manner consistent with the internationally recognised standards in those Conventions The parties also undertake not to fail to effectively enforce its labour laws, through a sustained or recurring course of action or inaction, in a manner affecting trade or investment between the parties8 The scope of these obligations is limited because they aim to ensure compliance of the parties with existing treaties on labour rights Nonetheless, they are monitored
by processes, committees and councils established under trade agreements Specialized bodies such
as ministerial contact points, committees on trade and sustainable development, domestic advisory/ consultative groups are set up in some recent treaties to oversee and advise on the implementation
of the sustainable development chapter and facilitate dialogue with civil society and social partners
1.3 The EU’s diplomatic instruments to promote human rights abroad
According to the Strategic Framework on Human Rights and Democracy, the EU “will raise human rights issues vigorously in all appropriate forms of bilateral political dialogue, including at the highest level”9 These human rights dialogues are a vital instrument of the EU’s external policy,
1 Peter Kotzian, Michéle Knodt and Sigita Urdze, ‘Instruments of the EU’s External Democracy Promotion’ (2011) 49 JCMS 995.
2 See e.g., EU trade agreements with Cariforum States, Central America States, Peru and Colombia, and South Korea, Singapore.
3 Art 21 (2) (d) and (f) TEU.
4 Art 21 (2) (d) and (f) TEU, and Art 11 TFEU.
5 E.g.: Agenda 21 on Environment and Development of 1992, the Johannesburg Plan of Implementation on
Sustainable Development of 2002 and the 2006 Ministerial Declaration of the UN Economic and Social Council on Full Employment and Decent Work, Outcome Document of the United Nations Conference on Sustainable Development
of 2012, the Outcome Document of the United Nations Summit on Sustainable Development of 2015.
6 See e.g.: the Preamble of Chapter 12, the EU-Singapore FTA.
7 See e.g Art 13.7 of Chapter 13, the EU-Korea FTA.
8 Strategic Framework on Human Rights and Democracy, 7.
9 Council of the European Union, ‘EU guidelines on human rights dialogues with third countries – Update’ [2009] These guidelines were initially adopted in 2001 and updated in 2009 (hereinafter EU guidelines on human rights
Trang 7which take place at different levels and in different fora The first type of dialogues or discussions
is based on regional or bilateral treaties, agreements or conventions or strategic partnerships dealing
systematically with the issue of human rights2 Secondly, dialogues between the EU and a third country at the level of human rights experts (e.g Russia and China) or heads of mission (e.g India,
Pakistan and Vietnam) focus exclusively on human rights3 Thirdly, human rights can be one of the
agenda items in CFSP dialogues (e.g., Sudan) The EU Council stipulates some main principles in
human rights-related dialogues as follows4:
i human rights issues should not only be discussed by experts but should also be raised at
the highest political level to ensure coherence between the different levels and give more
political weight to human rights concerns;
ii not only criticize countries on their human rights record, but also welcome and encourage
positive developments;
iii build on common ground;
iv use dialogue with “like-minded” countries to seek synergies and share experience; also
address human rights concerns with “like-minded” countries to avoid allegations of double
standards;
v refer to international standards when discussing issues such as freedom of religion or belief
and freedom of expression or interfaith dialogue;
vi address discrepancies between law and practice;
vii as regards member countries of the Human Rights Council, refer to their pledges made
upon election;
viii consider making more use of public statements where appropriate
In addition to political, human rights dialogues, the EU incorporates its human rights positions
and concerns in public declarations, statements, remarks or fact sheets by the High Representative of
the Union for Foreign Affairs and Security Policy, or by her Spokesperson, or by the EU’s delegations
and missions to the different countries5 These instruments of foreign policy have addressed such
issues as the protection of human rights defenders, illegal detention, forced disappearances, the death
penalty, torture, child protection, refugees and asylum seekers, extrajudicial executions, freedom of
expression and of association, the right to a fair trial, and elections6
dialogues with third countries), 14
1 E.g., the Cotonou Agreement with the ACP States, political dialogue with Asian countries in the context of ASEAN
and ASEM See EU guidelines on human rights dialogues with third countries, 2-3.
2 EU guidelines on human rights dialogues with third countries, 3.
3 Council of the European Union, Mainstreaming human rights across CFSP and other EU policies, 10076/06 [2006],
4.
4 Strategic Framework on Human Rights and Democracy, 49.
5 Ibid, 50.
6 Strategic Framework on Human Rights and Democracy, 3.
Trang 82 Vietnam’s legalization of human rights in the light of the EU’s promotion of human rights
in external activities
Similar to other bilateral relations between the EU and non-Member States, human rights have always been an important agenda item of the EU-Vietnam cooperation Despite underscoring the universality of human rights, the EU has adopted country-specific strategies adjusted specifically
to circumstances of each country7 with immediate priorities varied from country to country8 The strategies have been carefully designed annually since 2011, analyzing human right situations in partner countries and identifying priority thematic issues and EU action in these countries9
In the case of Vietnam, since the establishment of diplomatic ties in October 1990, the EU has set out various economic cooperation programs aiming partially to promote human rights in Vietnam.10 Article 1 of the 1995 EC-Vietnam Cooperation Agreement states that “Respect for human rights and democratic principles is the basis for the cooperation between the Parties and for the provisions
of this Agreement, and it constitutes an essential element of the Agreement”11 A sub-group on “Co-operation in institution building, administrative reform, governance and human rights” was created under this Agreement, discussing matters of mutual concern such as the International Criminal Court, civil society development, Vietnamese migration to the EU and the regulation of religious freedom12 The 2012 EU-Vietnam Framework Agreement on Comprehensive Partnership and Cooperation (PCA) reaffirms the respect of human rights as an essential element of the agreement13 and expressly states human rights as one of the sectors of mutual interests of two sides14 Specifically, cooperation on human rights includes the implementation of international human rights treaties and the EU undertakes
to provide technical assistance for that purpose15 Activities mentioned in the PCA includes human rights promotion and education, strengthening of human rights-related institutions, strengthening the existing human rights dialogue16 Regarding the compliance mechanism, the PCA provides that if either Party considers that the other Party has failed to fulfil any of its obligations under the PCA it may take appropriate measures17
The economic and diplomatic instruments that the EU have been employing to promote human rights in other countries are also applicable in the case of Vietnam To evaluate the efforts and outcomes in developing rules on ensuring human rights by Vietnam, it is difficult to discern the extent
to which the EU foreign policy towards Vietnam has influenced law-making decisions of the latter Nonetheless, what indicates from the consistency between changes in the Vietnam’s legal framework
7 Joint Communication human rights and democracy at the heart of EU external action, 7-8.
8 See Council of the European Union, ‘Human Rights and Democracy in the world: report on EU action in 2011’ 9238/12 [2012].
9 See Multi-Annual Indicative Programme 2014-2020, Multi-Annual Indicative Programme 2011-2013, Vietnam -European Community Strategy Paper for the period 2007 to 2013, Multi - Annual Indicative Programme 2007-2010.
10 The EU-Vietnam Framework Cooperation Agreement (FCA) entered into force on 1 June 1996
11 Multi - Annual Indicative Programme 2007-2010, 13-14.
12 Art 1 of the PCA.
13 Art 2.f of the PCA.
14 Art 35.1 of the PCA.
15 Art 35.2 of the PCA.
16 Art 57.2 of the PCA.
17 See e.g EEAS, ‘EU and Vietnam hold Human Rights Dialogue’ (Press Release) 130912/01 [2013]
Trang 9on safeguarding human rights and the EU recommendations on the same subject matters is there
exists some impact or correlation without having to conduct a comprehensive review of all internal
and external driving forces for those changes The following discussion focuses on areas that the EU
human rights priorities commensurate with Vietnam’s new law-making developments It will not consider the topics where two sides maintain divergent views For instance, the EU suggestion to
become party to the Rome Statute of the International Criminal Court from the EU have not met with
the Vietnam treaty conclusion plan1
2.1 Vietnam’s treatification of human rights in the context of the EU foreign policy
The EU-Vietnam FTA (EVFTA) does not directly address human rights in general but focuses
on labour rights protection Accordingly, Vietnam undertakes to respect, promote and effectively implement the principles concerning freedom of association and the effective recognition of the right
to collective bargaining, the elimination of forced or compulsory labour, the abolition of child labour,
and the elimination of discrimination in respect of employment and occupation under the auspices of
the ILO2 The Agreement also requires the Parties to “make continued and sustained efforts towards
ratifying the fundamental ILO conventions.” With regard to Vietnam’s commitments on labour rights,
the EU often raises the importance for Vietnam to ratify outstanding ILO core Conventions in its
human rights dialogues with Vietnam3
Consistent with these suggestions, Vietnam had ratified five out of eight ILO fundamental
conventions and was then expected to ratify the remaining conventions include Convention 98 on
collective bargaining, Convention 87 on freedom of association and Convention 105 on forced labour
Recently it has ratified the ILO Convention 98 on the Right to Organise and Collective Bargaining
and is planning to ratify the two other conventions in several years4
In addition, the EU- Vietnam FTA requires Contracting Parties to comply with the PCA and thus,
creating a link with the obligation to respect human rights under the latter The enforcement mechanism
operates in the same approach with the authorization for a Party to take “appropriate measures” in
case of a material breach by the other Party5 Such measures are subject to four requirements: (i) taken
in accordance with international law; (ii) proportionate to the failure to implement obligations under
the PCA; (iii) priority must be given to those which least disturb the functioning of the PCA; and (iv)
shall be notified immediately to the other Party and shall be the subject of consultations within the
PCA Joint Committee if the other Party so requests6 This is an overall mechanism to cement their
bilateral relationship with a foundation on human rights
1 Art 13.4.2 of the EVFTA.
2 Press Release of the fifth round of their annual enhanced Dialogue on Human Rights in the spirit of the EU-Vietnam
Partnership and Cooperation Agreement (PCA) signed in 2012, available at https://eeas.europa.eu/headquarters/
headquarters-homepage/4476/eu-and-vietnam-hold-human-rights-dialogue_en
3 Minister of Labour, Invalids and Social Affairs Dao Ngoc Dung said Viet Nam will also work on the preparation to
ratify Convention 105 on forced labour by 2020 and Convention 87 on freedom of association by 2023 See ILO
welcomes Viet Nam’s vote to ratify ILO fundamental convention on collective bargaining, available at https://www.
ilo.org/hanoi/Informationresources/Publicinformation/newsitems/WCMS_710542/lang en/index.htm
4 Art 17.18.2 of the EVFTA.
5 Art 52.4 of the PCA.
6 UNCTAD, Generalized System of Preferences: Handbook on the scheme of the European Union, 2015, 7.
Trang 10The EU uses another economic instrument, the Generalized Scheme of Preferences, in its relationship with Vietnam to promote human rights1 Accordingly, Vietnam may benefit from tariff reductions on the condition that it ratifies and complies with core labour and human rights conventions These incentives can be withdrawn if there are “serious and systematic violations of the principles laid down in certain international conventions concerning core human rights This enforcement mechanism has been applied to several country beneficiaries when the EU concluded that there existed forced labour practices, violation of ILO Conventions 87 (freedom of association) and 98 (collective bargaining), the International Covenant on Civil and Political Rights (‘ICCPR’), the Convention Against Torture (‘CAT’) and the Convention on the Rights of the Child (‘CRC’)2 The EU raises the issues of accepting treaty standards in human rights dialogues Vietnam’s ratification of one key human rights treaty, the CAT in 2015 is “a positive reaction to a long-standing
EU request”3 Implementation of human rights treaty obligations is also mentioned in the EU-Vietnam dialogues, such as UPR Action Plan with a roadmap for implementation of the UPR recommendations and CAT implementation action plan, support for Vietnam’s initial report to the CAT Committee in
20174
2.2 Vietnam’s reforms in domestic laws on human rights in the context of the EU foreign policy
Human rights dialogues between the two sides were launched in 2003 in which the EU emphasizes
on freedom of expression, media, religion and association, abolition of the death penalty, human trafficking, labour rights and ILO conventions5 The EU has extensively discussed revising efforts related to the Criminal Code, the Criminal Procedure Code and the Law on Custody and Temporary Detention or new draft law projects on freedom of expression, freedom of the media and freedom of assembly, offering expertise and support for these legal and judicial reforms in Vietnam6
Discussion on death penalty leads to the reduction in the number of crimes subject to capital punishment from 22 to 15 in the revised Criminal Law7 Moreover, this Law “provides for the right to access to counsel at all stages of criminal proceedings, broaden eligibility for free legal counsel and introduce video and audio recording for interrogations of accused persons by investigation authorities
1 EC Commission, Report on the integration of human rights in EU development and trade policies, GA No 320000,
2014, 34.
2 Council of European Union, the EU Annual Report on Human Rights and Democracy in the World in 2013, No 11107/14, dated 23 June 2014, 323.
3 Press Release of the fifth round of their annual enhanced Dialogue on Human Rights in the spirit of the EU-Vietnam Partnership and Cooperation Agreement (PCA) signed in 2012, available at https://eeas.europa.eu/headquarters/ headquarters-homepage/4476/eu-and-vietnam-hold-human-rights-dialogue_en
4 E.g., Vietnam -European Community Strategy Paper for the period 2007 to 2013, 6.
5 See generally Press Releases of the EU and Viet Nam Human Rights Dialogues See specifically e.g.: the Press Release
of the Fifth Round, available at https://eeas.europa.eu/headquarters/headquarters-homepage/6178/node/6178_vi
6 Council of European Union, EU Annual Report on Human Rights and Democracy in the World in 2015 – Country and Regional Issues, No 12299/16, dated 20 September 2016, 231 See also Council of European Union, EU Annual Report on Human Rights and Democracy in the World in 2016, 225.
7 Council of European Union, the EU Annual Report on Human Rights and Democracy in the World in 2018: Country Updates, 221.