MOTION FOR A RESOLUTION on Vietnam, notably the situation of political prisoners

13.11.2018 - (2018/2925(RSP))

with request for inclusion in the agenda for a debate on cases of breaches of human rights, democracy and the rule of law
pursuant to Rule 135 of the Rules of Procedure

Elena Valenciano, Victor Boştinaru, Soraya Post on behalf of the S&D Group

See also joint motion for a resolution RC-B8-0526/2018

B8‑0530/2018

European Parliament resolution on Vietnam, notably the situation of political prisoners

(2018/2925(RSP))

The European Parliament,

-having regard to its previous resolutions on the situation in Vietnam, notably those of the 14 December 2017 and 9 June 2016

 

-having regard to the Partnership and Cooperation Agreement between the EU and Vietnam and to the EU-Vietnam human rights dialogue

 

-having regard to the EU guidelines on Human Rights

 

-having regard to the International Covenant on Civil and Political Rights (ICCPR) to which Vietnam acceded in 1982

 

-having regard of the Vietnamese Penal Code

 

-having regard to the EU- Vietnam Framework Agreement on Comprehensive Partnership and Cooperation of 17 December 2015

 

-having regard to the Universal Declaration of Human rights of 1948

 

-having regard to the EU guidelines on human rights defenders

 

-having regard to the statement of the EU spokesperson on the sentencing of human rights activists in Vietnam on the 5 April 2018 and of the 9 February 2018

 

-having regard to the Local EU statement on the recent conviction of Mr Le Dinh Luong of the 20 August 2018

 

-having regard to the Constitution of Vietnam

 

-having regard to Rule 135 of its Rules of Procedure,

 

A. whereas there are over 150 reported prisoners of conscience and human rights activists detained in Vietnam; whereas there is an escalated reported increase whereby authorities in Vietnam continue to harass, intimidate, physically attack, arbitrarily detain and imprison political and human rights activists, journalists and bloggers for exercising their rights and fundamental freedom of expression, either online or offline;

 

B. whereas political and human rights activists face harsh conditions in detention, including denial of access to medical care, legal counsel and family contact, as well as excessive prison sentences;

C. whereas on 5 April 2018 human rights lawyer Nguyen Van Dai and 5 human rights activists and bloggers were arbitrarily detained, prosecuted and each sentenced from 7 to 15 years of imprisonment by the courts of Vietnam, for exercising their freedoms of opinion and expression; whereas human rights lawyer Nguyen Van Dai and activist Le Thu Ha were released from jail and forced to exile in Germany on 7 June 2018; whereas several other activists have seen the same fate;

 

D. whereas prominent blogger Nguyen Ngoc Nhu Quynh, known as “Mother mushroom” was released on 17 October 2018 and forced to exile in the United States after being sentenced in June 2017 to 10 years in jail on charges of spreading “propaganda against the state”;

 

E. whereas Mr Le Dinh Luong, a human rights defender who has peacefully advocated for the promotion and protection of human rights, was sentenced on 16 August 2018 under the national security provisions of the Penal Code to 20 years in prison and 5 years of house arrest;

F. whereas there reportedly is a worrying increase in beatings and physical abuse of dissidents and human rights defenders by police in Vietnam:

 

G. whereas the Penal Code of Vietnam contains repressive provisions which are abusively used to silence, arrest, detain, sentence or restrict the activity of human rights activists, dissidents, lawyers, trade unions, religious groups and nongovernmental organisations, notably who express critical views of the government of Vietnam; whereas independent political parties, labour unions and human rights organisations are banned in Vietnam, with official approval needed for public gatherings;

 

H. whereas the Vietnamese cyber security law which was adopted in June this year and is to be implemented on 1 January 2019, places harsh restrictions on freedom of expression online and aims at greatly threatening the right to privacy;

 

I. whereas Vietnam has not yet ratified the 3 fundamental ILO Conventions specified in the EU-Vietnam Free Trade Agreement (EVFTA), namely Convention 98 on the Right to Organize and Collective Bargaining, Convention 105 on the Abolition of Forced Labour, and Convention 87 on the Freedom of Association and Protection of the Right to Organize;

 

J. whereas there are a high number of deaths in custody and torture reported in Vietnam

 

K. whereas the death penalty continues to be used in Vietnam.

 

1.Expresses grave concern at the deteriorating human rights situation in the country;

 

2.Calls on the authorities of Vietnam to immediately and unconditionally release all political prisoners, human rights defenders and persons arbitrarily imprisoned or detained for exercising their basic rights and freedoms;

 

3.Deplores the continuing violations of human rights, including political intimidation, surveillance, harassment, assaults and unfair trials in Vietnam perpetrated against political activists, journalists, bloggers, dissidents and human rights defenders for exercising their freedom of expression both online or offline, in clear violation of Vietnam’s international human rights obligations; calls on the authorities of Vietnam to immediately cease in such violations;

 

4.Reminds that freedom of opinion and expression, both online and offline, are fundamental pillars for transparency, a sustainable democracy and the rule of law;

 

5.Calls on Vietnam for an immediate stop of systematic persecutions against religious groups, in particular the Montagnard population, and a release of anyone currently being held for peaceful exercise of the rights to freedom of religion, belief, and association; Calls on the authorities of Vietnam to ensure that all legislation addressing religious affairs is aligned with international human rights law, including the ICCPR;

 

6.Condemns the abuse of repressive legal provisions restricting fundamental rights and freedoms; Calls on the authorities of Vietnam to repeal, review or amend all repressive laws, notably its Penal Code, its law on Cybersecurity and the Law on Belief and Religion, and to ensure that all legislation is in conformity with international human rights standards and obligations, including the ICCPR to which Vietnam is a party;

 

7.Condemns all excessive sentences, arbitrary arrests, long stints of pre-trial detention, solitary confinements, harsh prison conditions and the use of the death penalty; stresses that the right to access lawyers, medical professionals and family members is an important safeguard against torture and ill treatment, and critical to the right to a fair trial; reminds that trials open to the public should not bar anybody from attending including family members and foreign diplomats; calls for the treatment of all detainees to be in line with international standards;

 

8. Reiterates once again its opposition to the death penalty in all circumstances and calls on Vietnam to halt all executions and to declare a moratorium, with a view to its abolition;

 

9.Welcomes the partnership and the human rights dialogue between the EU and Vietnam and recalls the importance of EU-Vietnam human rights dialogue as a key instrument to be used in an efficient manner to accompany and encourage Vietnam in the implementation of the necessary reforms and to put pressure on Vietnam in order to deliver tangible human rights improvements; calls on the EU to intensify its efforts in this regard, including during the upcoming Universal Periodic Review of Vietnam at the UN Human Rights Council

 

10.Calls upon Vietnam to sign and ratify all relevant Human Right treaties of the United Nations, the Rome Statute of the International Criminal Court, as well as ILO Conventions No. 87, No. 98 and No. 105; Urges Vietnam to issue a standing invitation to UN Special Procedures, in particular to the Special Rapporteur on freedom of expression and the Special Rapporteur on the situation of human rights defenders;

 

11.Calls on the authorities of Vietnam to recognise independent labour unions;

 

12.Calls on the EU to articulate a series of tangible human rights benchmarks that Vietnam should meet before the EU-Vietnam free trade agreement is submitted to the European Parliament for approval; 

 

13.Instructs its President to forward this resolution to the Vice-President of the Commission/High Representative of the Union for Foreign affairs and Security Policy, the governments and parliaments of the Member States, the Government and National Assembly of Vietnam, the governments and parliaments of the ASEAN member states, the United Nations High Commissioner for Human Rights and the Secretary-General of the United Nations.