COMMITTEE ON THE ELIMINATION
OF RACIAL DISCRIMINATION
Forty-third session
CONSIDERATION
OF REPORTS SUBMITTED BY STATES PARTIES
UNDER ARTICLE 9 OF THE CONVENTION
Concluding observations of the Committee on the
Elimination of Racial Discrimination
Viet Nam
348. At its 1009th meeting,
held on 18 August 1993, the Committee adopted the following concluding
observations.
(a) Introduction
349. The Committee expressed
its appreciation to the State party for the information contained
in its report and the supplementary information provided by the
State party representative. The Committee welcomed the resumption
of the dialogue with the State party and noted with satisfaction
that reports submitted by Viet Nam had been recently considered
by several other human rights treaty bodies.
(b) Positive aspects
350. The Committee noted
with satisfaction that the State party had undertaken to move towards
a fuller establishment of the rule of law and to reform its legislation
in line with its obligations under various international human rights
treaties.
351. The Committee also
welcomed the State party's efforts to improve the level of socio-economic
development of ethnic minorities, especially of those living in
the mountainous regions of the country.
(c) Factors and difficulties
impeding the application of the Convention
352. The Committee noted
the difficulties encountered by the State party during the current
transitional period of economic and social reconstruction following
years of war.
(d) Principal subjects
of concern
353. With regard to
the implementation of article 4 of the Convention, the Committee
expressed concern that article 81 of the Penal Code did not refer
to all the acts of ethnic or racial discrimination prohibited by
the Convention. Furthermore, the Committee noted the insufficiency
of the information provided on the practical implementation of articles
5 and 6 of the Convention, in particular regarding ethnic and religious
minorities, refugees, children of mixed origin and Vietnamese abroad.
354. The Committee was
also concerned that the difficulties faced by the State party during
the current period of reconstruction should not adversely affect
the development of further initiatives to improve the implementation
of programmes designed for the benefit of the most disadvantaged
sectors of society, especially ethnic minorities.
(e) Suggestions and
recommendations
355. The Committee recommended
that the State party should prepare, as soon as possible, the core
document containing information of a general nature.
356. The Committee would
appreciate receiving in the next report further information on progress
achieved in respect of development plans designed to improve the
situation of ethnic minorities, particularly those living in the
mountainous regions. Information was also requested on: the practical
implementation of the Convention, in general; measures taken with
regard to the implementation of article 4 of the Convention; developments
with regard to freedom of movement, freedom of opinion and freedom
of religion; the number of complaints of racial discrimination received
and considered by the courts, and the judgements handed down in
such cases.
357. The Committee suggested
that further measures should be taken to implement more fully article
7 of the Convention, and that technical assistance should be called
upon for the translation of international instruments into minority
languages.
358. The Committee expressed
the hope that the State party would consider making the declaration
under article 14 of the Convention and recommended that the State
party should seriously consider withdrawing its reservations under
the Convention.