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Motion for a resolution - B7-0174/2013Motion for a resolution
B7-0174/2013

MOTION FOR A RESOLUTION on Vietnam, in particular freedom of expression

16.4.2013 - (2013/2599(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 122 of the Rules of Procedure

Marietje Schaake, Ramon Tremosa i Balcells, Niccolò Rinaldi, Sonia Alfano, Leonidas Donskis, Sarah Ludford, Kristiina Ojuland, Robert Rochefort, Marielle de Sarnez, Graham Watson, Izaskun Bilbao Barandica, Johannes Cornelis van Baalen on behalf of the ALDE Group

See also joint motion for a resolution RC-B7-0166/2013

Procedure : 2013/2599(RSP)
Document stages in plenary
Document selected :  
B7-0174/2013
Texts tabled :
B7-0174/2013
Texts adopted :

B7‑0174/2013

European Parliament resolution on Vietnam, in particular freedom of expression

(2013/2599(RSP))

The European Parliament,

–   having regard to its previous resolutions on Vietnam, notably the one of 26 November 2009,

–   having regard to its resolution of 18 April 2012 on the Annual Report on Human Rights in the World, which explicitly names Vietnam as a country where people are detained for exercising their basic human rights,

–   having regard to UN International Covenant on Civil and Political Rights (ICCPR) to which Vietnam acceded in 1982,

–   having regard to the statement of EU High Representative Catherine Ashton of 24 September 2012 urging the Vietnamese government to release bloggers and respect universal human rights,

–   having regard to Vietnam’s bid for membership of the UN Human Rights Council for the period 2014-2016, to be voted at the UN General Assembly in September 2013,

–   having regard to the initiated negotiations on a bilateral Free Trade Agreement (FTA) between the EU and Vietnam, launched on 26 June 2012 and the EU-Vietnam Partnership and Cooperation Agreement (PCA) signed on 27 June 2012,

– having regard to the communication of 12 December 2011 by the Commissioner for the Digital Agenda on the ‘No Disconnect Strategy’,

–   having regard to its resolution of 15 November 2012 on ‘A Digital Freedom Strategy in EU Foreign Policy’[1],

–   having regard to Rule 122(5) of its Rules of Procedure,

 

A.  whereas the right to freedom of expression is a universal human right and is essential to the realisation of other rights, such as development, dignity and fulfilment of every human being;

 

B.  whereas restrictions on freedom of expression have far-reaching effects and can only be justified subject to narrow and strict conditions, provided by law which itself is considered legitimate under international law;

 

C.  whereas media platforms are essential for the exercise of the right to freedom of expression; whereas the press, as a collective manifestation of free expression, is one of the key actors in the media landscape;

 

D.  whereas Vietnam has launched an extensive public consultation on the reform of the Constitution but that those who have expressed their opinions have faced sanctions and pressure;

 

E. whereas, according to recent reports by international human rights organisations, 32 cyber dissidents have been condemned to heavy prison sentences or are awaiting trial in Vietnam, 14 pro-democracy activists have been sentenced to a total of over 100 years in prison for exercising their right to freedom of expression, a group of 22 peaceful environmentalists have been condemned to prison terms ranging from 10 years to life imprisonment, founders of the "Club of Free Journalists" (bloggers Dieu Cay, Ms. Ta Phong Tan and Phan Thanh Hai) have been condemned, on appeal, respectively to 12, 10 and 4 years in prison followed by five and three years house arrest for “anti-state propaganda”, a journalist of the state-run press was fired after writing a post on his personal blog criticizing the Secretary-general of the Communist Party; whereas cyber dissidents are frequently harassed and assaulted by the police, including Le Cong Cau and Huynh Ngoc Tuan;

 

F. whereas increasingly, detention without trial, house arrest and placement in rehabilitation camps or psychiatric institutions are being used to detain dissidents, activists and bloggers on the mere suspicion of 'national security breaches';

 

G. whereas the government of Vietnam systematically represses freedom of religion and belief by persecuting religious groups which are not 'officially recognised' and therefore banned;

 

H. whereas Vietnam is preparing the 'Decree on the Management, Provision, Use of Internet Services and Information Content Online', a new decree on Internet management that would legalize content-filtering, censorship and sanctions by the government against vaguely-defined ‘prohibited acts’ and which would oblige internet companies and providers, including foreign ones, to cooperate with the government in the surveillance and tracking of cyber dissidents, whereas digital freedoms are increasingly under threat;

 

I. whereas Vietnam has been branded an 'enemy of the internet' by Reporters Without Borders;

 

J. whereas Article 21 of the Treaty on European Union states: ‘The Union shall ensure consistency between the different areas of its external action and between these and its other policies. The Council and the Commission, assisted by the High Representative of the Union for Foreign Affairs and Security Policy, shall ensure that consistency and shall cooperate to that effect’;

 

1. Condemns the continuing violations of human rights, including political intimidation, harassment, assaults, arbitrary arrests, heavy prison sentences and unfair trials in Vietnam brought against political activists, journalists, bloggers, dissidents and human rights defenders, both on- and offline, in clear violation of its international human rights obligations;

2. Regrets that the public consultation on constitutional reform has led to sanctions and pressures against those who were legitimately expressing their opinions, after being invited to do so by the government;

3. Urges the Vietnamese government to put an end to judicial and physical harassment of all political activists, bloggers, dissidents and human rights defenders, both on- and offline, and to respect basic human rights and fundamental freedoms, in particular the right to freedom of expression;

4. Urges the Vietnamese government to immediately free all political prisoners and prisoners of conscience, including those under house arrest, in particular Buddhist dissident and Nobel Peace prize nominee Thich Quang Do, who has been detained under house arrest for over two decades without any justification or charge;

5. Calls on the Vietnamese government to immediately repeal Ordinance 44, a 2002 ruling which authorises the detention of suspected national security offenders without due process of the law, and release all those currently detained under house arrest, in re-habilitation camps or psychiatric institutions under the provisions of this law;

6. Expresses deep concern about the draft “Decree on the Management, Provision and Use of Internet Services and Information Content Online”, and calls on the Vietnamese government to amend this decree to ensure that it is in line with internationally recognized human rights and respects and safeguards digital freedoms;

7. Calls on the Vietnamese government to put an end to religious persecution and amend its religious policies, notably to refrain from distinguishing between officially recognized and unrecognized religions, and re-establish the legal status of the Unified Buddhist Church of Vietnam;

8. Calls on the Vietnamese government to ensure that current legislation and draft laws are in conformity international human rights law and its obligations under international treaties,

9. Urges the High Representative to monitor efforts by the Vietnamese government to ensure full compliance with international law standards and respect for human rights and fundamental freedoms;

10. Urges the Commission to duly and swiftly assess the compatibility of the policies of the Vietnamese government with the conditionalities included in the Partnership and Cooperation Agreement, and not to refrain from invoking them should that be necessary; in particular it should respect and apply Article 1 of the Partnership and Cooperation Agreement which 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. Calls on the Commission to take the current human rights situation into account in the ongoing negotiations with the Vietnamese government on a Free Trade Agreement;

12. Calls on Vietnam to invite the UN Special Rapporteur on Freedom of Opinion and Expression to visit Vietnam at the earliest opportunity;

13. Urges the Vietnamese Government to strengthen democracy and the respect for human rights and fundamental freedoms – in particular media freedom and freedom of expression and assembly – these constituting an essential element of the EU-Vietnam Cooperation Agreement as well of the as the EU-Vietnam Partnership and Cooperation Agreement (PCA) currently under ratification;

14. Urges the EU High Representative Catherine Ashton to address the situation in Vietnam at the highest political level in Vietnam and to monitor the progress made;

15. Instructs its President to forward this resolution to the Council, the Commission, the High Representative, the parliaments and governments of the Member States, the Secretary-General of the United Nations, the UN High Commissioner for Human Rights, the Secretary-General of the ASEAN and the Parliament and Government of Vietnam.