Viet Nam: Failure to Comply with International Human Rights Obligations | Joint Submission

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UPR SUBMISSION – VIETNAM – JULY 2018

A. Introduction

  1. Lawyers for Lawyers (“L4L”) and Lawyers’ Rights Watch Canada (“LRWC”) jointly submit this report on the state of human rights in Viet Nam, especially in respect of the legal profession, with recommendations for the 32nd session of the UPR Working Group in the UN Human Rights Council in January-February 2019. This report was co-signed by Viet Tan.
  2. L4L is an independent and non-political Netherlands foundation, which was established in 1986 and is funded by lawyers’ donations. L4L promotes the proper functioning of the rule of law through the free and independent exercise of the legal profession around the world. L4L has special consultative status with ECOSOC since 2013.
  3. LRWC is a committee of Canadian lawyers and other human rights defenders who promote human rights and the rule of law through advocacy, education, and legal research. LRWC is a volunteer-run NGO in special consultative status with the Economic and Social Council of the United Nations.
  4. This submission highlights key concerns regarding Viet Nam’s compliance with its international human rights obligations to guarantee the right to independent counsel as set out in the UN Basic Principles on the Role of Lawyers [1] (“Basic Principles”) and other international human rights instruments, focusing the lack of effective guarantees for the functioning of lawyers, including the lack of freedom of expression and association of lawyers. Non-compliance with the Basic Principles undermines the proper functioning of the judicial system, in particular the right to fair trial and effective access to justice.

[1] Basic Principles on the Role of Lawyers, adopted by the Eight United Nations Congress on the Prevention of Crime and the Treatment of Offenders, Havana, Cuba, 27 August to 7 September 1990.