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    United Nations CRC/C/VNM/3-4

    Distr.: General Convention on the

    25 November 2011

    Rights of the Child Original: English

    Committee on the Rights of the Child

     Consideration of reports submitted by States

    parties under article 44 of the Convention

     Third and fourth periodic reports on the implementation of

    the Convention in the period 20022007

     Viet Nam*

    [3 August 2009]

     * In accordance with the information transmitted to States parties regarding the processing of their

    reports, the present document was not formally edited before being sent to the United Nations

    translation services.

    GE.11-47157 (E) 121211

    CRC/C/VNM/3-4

     List of abbreviations

    AIDS Acquired Immune Deficiency Syndrome APEC Asia Pacific Economic Cooperation ARI Acute Respiratory Infection

    ASEAN Association of South-East Asian Nations CBR Community Based Rehabilitation

    CDD Control of Diarrhea Diseases

    CPVN Communist Party of Viet Nam

    CPCC Committee for the Protection and Care of Children CRI Child Rights Indicators

    EPI Expanded Programme on Immunization GSO General Statistics Office

    HIV Human Immunodeficiency Virus

    IDA Iron Deficiency Anaemia

    IDD Iodine Deficiency Disorder

    IMR Infant Mortality Rate

    INTERPOL International Criminal Police Organization NCFAW National Committee for the Advancement of Women MMR Maternal Mortality Rate

    MOET Ministry of Education and Training MOH Ministry of Health

    MOJ Ministry of Justice

    MOLISA Ministry of Labor, Invalids and Social Affairs MPS Ministry of Public Security

    NGO Non-Governmental Organization

    NPA National Programme of Action

    PEM Protein Energy Malnutrition

    SRVN Socialist Republic of Viet Nam

    UNAIDS Joint United Nations Programme on HIV/AIDS UNHCR Office of the United Nations High Commissioner for Refugees

    UNICEF United Nations Childrens Fund

    VWU Viet Nam Womens Union

    YPO Young Pioneers Organization

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    Contents

     Paragraphs Page

     List of abbreviations ................................................................................................................... 2

     Foreword .................................................................................................................................... 4

     Part One Overview ............................................................................................................ 113 6

     I. Overview of the nations situation in the period of 20022007 ............................. 17 6

     II. Political structure and legal framework for the protection of human rights ........... 813 8

     Part Two Viet Nams implementation of the Convention on the Rights of the Child

     and its two Optional Protocols............................................................................. 14303 10

     I. Summary of Viet Nams implementation of the child rights ................................. 1527 10

     II. General implementation solutions ....................................................................... 2879 12

     III. Definition of the child ......................................................................................... 80 27

     IV. General principles ............................................................................................... 81112 28

     V. Freedom and civil rights...................................................................................... 113142 37

     VI. Family environment and alternative care (arts. 5, 18, clauses 15; 911;

     1921; 25; 27 clauses 4 and 39) .......................................................................... 143188 47

     VII. The right to health care and basic social welfare (arts. 6; 18 clause 3, 23; 24;

     26; 27, clauses 13) ............................................................................................ 189216 59

     VIII. Rights to education and recreation (arts. 28, 29, 31) ............................................. 217238 71

     IX. Right to protection and special protection measures (arts. 22, 38, 39, 40,

     37 (b)(d), 3236)............................................................................................... 239303 81

     A. Children in emergency situations ................................................................ 239244 81

     B. Children in conflict with the law ................................................................. 245268 83

     C. Children being exploited, including physical and mental rehabilitation and

     social reintegration (art. 32) ........................................................................ 269295 91

     D. Ethnic minority children (art. 30) ................................................................ 296303 101

     Part Three Conclusion ......................................................................................................... 304308 104

     Annexes ........................................................................................................................................................ 106

     I. List of related legislations issued by the National Assembly and the Government

     in 20022007 period ................................................................................................................... 106

     II. Information on survey on implementation of some basic child rights based on the

     rights to participation .................................................................................................................. 110

     III. Basic data on children ................................................................................................................. 111

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     Foreword

     According to the regulations of the United Nations Convention on the Rights of the Child (CRC) and the guiding documents issued by the Committee for the Rights of the Child; and following previous reports (Viet Nams Report on the implementation of the

    CRC in 19931998 period, the updated 19982002 report (hereinafter called the report of

    19932002 periods) and the dialogues with the Committee for the Rights of the Child in 2003, 2006, Viet Nam submits the 3rd and 4th Country Reports on the Implementation of the CRC during the 20022007 period. This Report will continue to update the

    implementation of the CRC and the two Optional Protocols to the CRC (Optional Protocol on the Rights of the Child on the sale of children, child prostitution and child pornography and the Optional Protocol on the involvement of children in armed conflicts); including its achievements, difficulties, challenges as well as solutions for better implementation of the Convention in the future. The Report also mentions the implementation of the recommendations made by the Committee on the Childs Rights (CRC Committee) after its

    dialogues with the Government of Viet Nam.

    Apart from the Foreword, the report consists of four parts:

    Part One: Overview

    Part Two: The Implementation of the Convention of the Rights of the Child and the

    Two Optional Protocols to the Convention

    Part Three: Conclusion

    Annexes

     To prepare the report, the Government of Viet Nam established a Drafting Board consisting of 23 members who represent the related ministries and organizations under the leadership of the Minister of Labour, Invalids and Social Affairs (MOLISA).

     During the report preparation process, many workshops, forums, consultations and discussions were organized at different levels to collect comments and input from members and staff of the National Assembly, as well as from the Government, social organizations, international organizations and children.

     In March 2007, Viet Nam organized the National Conference on Review and Evaluation of five-years implementation of the United Nations (UN) document A World

    Fit for Children. The Deputy Prime Minister and leaders of various committees under the National Assembly, ministries, provincial/city Peoples Committees, representatives of

    social organizations, diplomatic missions, international organizations under the United Nations, representatives of some countries in the region, and representatives of some non-governmental organizations and childrens representatives participated in the conference.

    Prior to the conference, Viet Nam conducted a midterm review and evaluation of the implementation of the National Plan of Action Programme for Children, 20012010. In

    August 2006, Viet Nam submitted a document responding to the Questionnaires on Child Violence to the General Secretary of the United Nations. In addition, in 2005, during the Chairman of the CRC Committees working visit to Viet Nam, a workshop on the

    implementation of the recommendations by the Committee was organized. The above activities have created favourable conditions for Viet Nam to comprehensively review and evaluate the implementation of the CRC, with the support of the Governments awareness

    of the difficulties, and challenges and to propose solutions for enhancing the implementation of the CRC in the future.

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     This report also receives inputs from many international organizations, especially from UNICEF Viet Nam, Save the Children Alliance and various non-governmental organizations operating in Viet Nam.

     The report uses the results of the Survey on the Implementation of Some Basic Rights of the Child, based on the childs right to participation and conducted by the former

    Committee for Population, Family and Children (CPFC) in collaboration with UNICEF Viet Nam in six selected provinces, cities in 2007. These data were used to illustrate the implementation of the CRC through the childrens views.

     Finally, the report was finalized thanks to the contributed inputs and comments from experts from related committees of the National Assembly, governmental agencies, national and international organizations, provinces in the National Workshop on the Implementation of the CRC organized by MOLISA in April 2008, as well as the comments in the official documents sent by related agencies.

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     Part One

    Overview

     I. Overview of the nations situation in the period of 20022007

    1. The Socialist Republic of Viet Nam (hereinafter called Viet Nam) is a South-East 2Asian nation with a total area of more than 33,000 km. Viet Nams population in 2007

    (roughly) is 85.15 million people, of which 73 per cent live in rural areas. The population

    growth rate in 2006 was 1.24 per cent and 1.21 per cent (roughly) in 2007. Children

    account for 33 per cent of the population. Viet Nam has 54 ethnic groups, of which Kinh

    (Viet) people are the majority at 86.8 per cent. Vietnamese is the official language. In terms

    of administrative units, Viet Nam has 63 provinces and cities under the direct management 1of the central level with 673 districts/urban districts, 10,095 communes/wards/towns.

    Chart 1

    Viet Nam population pyramids

    Source: Survey on Population and Family Planning in 2005, The General Statistics Office.

    2. Over the last five years, thanks to its continuous renovation policy (Doi Moi), Viet

    Nam has made many encouraging achievements in various fields: stable politics creating

    momentum for step by step sustainable economic development, the expansion and security

    of democracy in all aspects of social life, national economic development in tandem with

    poverty reduction and the implementation of social justice, ensuring social security.

    3. The economy maintains high growth rates (from 7.08 per cent in 2002 to 8.48 per

    cent in 2007). The average annual GDP growth during 20022007 was about 7.7 per cent

    per year. Economic growth and restraining population growth have significantly

    contributed to the improvement of the annual average income per head (from US$ 440 in 22002 to US$ 835 in 2007).

    1 Source: General Statistics Office (GSO), 2007. 2 Source: GSO, 2007.

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    Chart 2 3GDP growth rate from 2002 to 2007 (percentage)

    4. The economic structure continues to transform towards industrialization and modernization. The density of industries and construction in GDP has significantly increased (from 76.7 per cent in 2001 to 80 per cent in 2007). Total investment funds for society have increased very fast (the investment capital-GDP increased from 35.4 per cent in 2001 to 40.8 per cent in 2007). The investment structure has positively changed, focusing more on projects that are important targets in social and economic development. International relations have expanded, especially since Viet Nam’s membership of the World Trade Organization (WTO) in 2007. The export markets have maintained and expanded. Total export volume increased by 17.5 per cent/year. In 2007, total export volume was US$ 48 million. Direct foreign investment in 2007 accounted for 16.5 per cent of the total societal investments in 2007 (increased by 17.1 per cent in comparison with 42006) and at a peak position ever since.

    5. In conjunction with economic achievements, Viet Nam has also made many social progresses. The number of new jobs generated every year is roughly 1.51.6 million.

    Unemployment rates in urban areas maintain at about 5 per cent. The poor have gradually gained access to basic social services; and infrastructure in poor areas, especially in the mountainous, remote and ethnic areas, have improved. Up to 2007, the proportion of poor 5families according to the new criteria (20062010) has accounted for 14.84 per cent. The

    health-care services have been given greater attention, such that the health network has upgraded and enhanced and the preventive medical network boosted. Some new epidemics have been speedily controlled. The average life span of Vietnamese people increased from 71 in 2002 to 72 in 2007. In addition to the enhancement of universalization of primary education, the universalization of junior secondary education has achieved many good results. The educational scale at university, college, specialized secondary school and vocational secondary school level increased by 1518 per cent/year. Overall, the Human

    Development Index of Viet Nam has clearly increased, from 0.688 in 2002 to 0.733 in 2007 6(ranking 105/177 countries).

    6. Viet Nam’s diplomatic policy of independence, self-control, diversification and

    multilateralization, which reflects the spirit of Viet Nam projects itself as a willing and trusted friend to partners of other countries, the international community, to international

3 Source: GSO, 2007. 4 Source: Ministry of Planning and Investment (MPI), 2007. 5 Source: GSO, 2007. 6 Source: Human Development Report of 2007.

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    and non-governmental organizations, striving for peace, independence and development. As a result, Viet Nam’s foreign relations have expanded. The events of Viet Nam’s 150th Official Nation Member of the WTO and the Non-Standing Member of the United Nation’s

    Security Council for the 20082009 term have affirmed the increasing role and position of

    Viet Nam in the international integration process.

    7. Despite its significant achievements, the socio-economic situation of Viet Nam still faces many difficulties. The quality of economic growth is still low and the economic transition is slow and incomprehensive. The competitiveness of the economy is still weak, and the socio-economic infrastructure has not met development requirements. Training for human resources has not met societal demands and the health-care service still faces many difficulties. The average income per head is still low in comparison with other countries in the region. The rate of those households that overcome poverty and now become poor again is still high, particularly in ethnic minority and other difficult areas. Natural disasters, arisen dangerous epidemic diseases and rising prices have resulted in negative impacts on the production and lives of the people. The above difficulties not only limit the conditions and the capability to mobilize resources within society in order to implement the Convention; furthermore, it also places challenges on the future of the socio-economic development of Viet Nam.

     II. Political structure and legal framework for the protection of human rights

    8. In Viet Nam, the Communist Party is the leading force of the State and of the society.

    9. The Socialist Republic of Viet Nam is the socialist legislative State, which is of the people, by the people and for the people. The State power is unified, but there exist responsibility division and coordination among State’s agencies in the enforcement of legislative, executive and judiciary powers. The State ensures and promotes democracy in all aspects, aiming for a prosperous people, a strong nation and a just, democratic and advanced society, in which everyone enjoys a wealthy, free and happy life and conditions for comprehensive development. Human rights in terms of political, civil, economic, cultural and social aspects stipulated in the Resolution, in laws are respected. The President is the head of the State who represents the Socialist Republic of Viet Nam in foreign and internal affairs.

    10. The National Assembly the most powerful agency and the highest representative

    of the population, has an increased role in constitutional, legislative and supreme monitoring. The Standing Committee of the National Assembly is the permanent agency of the National Assembly. In its tenth term (20022007), the National Assembly has approved

    80 laws and 15 resolutions. Many important legal documents relating to human rights have been amended, supplemented and newly issued; and have created legal bases for better ensuring human rights, particularly, child rights. In the field of justice, the newly issued Law on Criminal Procedure, in 2005 and the Law on Criminal Procedure, in 2003 include many institutions of procedures for procedural, rights of interested parties, the arrestee, and the accused, which have better ensured the human rights in procedural activities. It can be argued that Viet Nam’s legislation has fully presented the basic human rights stated in the United Nations Declaration of Human Rights in 1948 and in other international conventions on human rights ratified by Viet Nam. This demonstrates the progress and great efforts by the State of Viet Nam that it respects, aims to protect and ensure human rights in the context that it is aiming to build a legitimate State amongst the existence of many socio-economic difficulties. In the localities, the People’s Council is the State’s power agency, representing the wills, aspirations and the ownership rights of the people. The local people

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    elect the People’s Council; which is responsible to the local people and to the higher State agencies.

    11. The Government is the Executing Agency of the National Assembly, the highest administrative agency of the Socialist Republic of Viet Nam. The Government is responsible for comprehensive management of the implementation of politics, economics, culture, society, national defence, security and foreign affairs of the State. It ensures the effectiveness of the State structure from the central to local levels, ensuring the respect and enforcement of the Constitution and legislation, bringing into play the rights to ownership by the people in the development and defence of the country, ensuring the stability and improvement of the material and cultural life for the people. The Government is responsible to and reports to the National Assembly, the Standing-Committee of the National Assembly, and the President, on all activities. The functions and duties of the Government and of the Prime Minister have been adjusted to be more suitable with the current situation. The Government’s terms (2002–2007, 20072012) have seen a lot of changes in terms of the

    organizational structure towards identifying clearly the functions and responsibilities of each ministry and ministerial-level agencies, avoiding overlap and reducing middle focal points, which make the State management more effective. The Government for the 2007

    2011 terms is structured with 18 Ministries and 4 ministerial level agencies. Greater attention has been given to policy development, along with the promotion of law enforcement. The regulation of grass-roots democracy has created new momentum for the implementation of policies at the grass-roots levels. People’s Committees, which are

    elected by the People’s Councils, act as the executing agency for the People’s Councils, the State administrative agency in a locality. It is responsible for the management of activities in compliance with the Constitution, laws, the higher-level State agencies documents and the resolutions of the People’s Councils.

    12. The State organizational structure responsible for the legal protection and ensuring the rights of the people has been strengthened and improved. Organization, structure and mandates of courts, procuracy and other judicial agencies have been more clearly defined and strengthened, which in turn increases the accessibility to justice for people, ensuring just, impartial and public judgement, and promoting effectiveness in the protection of human rights. Judicial personnel have been also improved in terms of both quantity and quality. The qualification and capacity of judges and jurors of People’s Courts and procurators at different levels have been improved; therefore, meeting the requirements for protecting the rights and benefits of citizens, including children. Lawyers associations, the public notary, judgement appraisal and execution, legal assistance institutions in all provinces and cities have consolidated.

    13. The Viet Nam Fatherland Front is the voluntary political alliance of the political, social-political, social organizations and individuals in different classes of Viet Nam. The Fatherland Front consists of mature organizations such as the Ho Chi Minh Communist Youth Union, the Women’s Union, the Farmers’ Union, the Viet Nam General

    Confederation of Labors, etc. It can be affirmed that, along with economic and social development, the State of Viet Nam has continued to increase the development of a law-governed State, consolidating the legal system in a manner that better respects and protects human rights, including children’s rights.

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     Part Two

    Viet Nams implementation of the Convention on the Rights of the Child and its two Optional Protocols

    14. Since Viet Nams ratification of the United Nations CRC and its two Optional

    Protocols, the State of Viet Nam has been continuing to implement its commitments on childrens rights. After each country report on the implementation of the CRC, Viet Nam pays a serious consideration to the concluding observations by the CRC Committee. Between two periodical reports, the State management agency on the child protection, care and education (formerly the CPFC and now the MOL1SA) collaborates with related agencies to make proposals to integrate contents relating to the protection and implementation of child rights into the legislation development programmes of the National Assembly and the Government.

     I. Summary of Viet Nams implementation of child rights

     1. Achievements

    15. The achievements of socio-economic development and improvements of the living standards for the people have contributed to the implementation of human rights including the rights of the child. Based on the achievements as well as the shortcomings and the difficulties of the child rights implementation during the 19932002 periods, the contents

    of the CRC and its two Optional Protocols have continuously internalized in the national legislation. The implementation of the rights of the child is specifically integrated into the national socio-economic development plans. In addition to the increasing investments from the State budget in the social fields in which children enjoy many benefits, Viet Nam has given greater attention to mobilize resources and participation of all social forces in the implementation of child rights of health care, education, protection and participation. 16. Children’s education has positively changed for the better. A comparative consolidated national system of education has been developed with the involvement of public and private institutions at different levels. The facilities for education development have been upgraded. The education quality has improved. The safe and friendly studying environments have been strengthened. The rate of school-aged students in primary and junior secondary schools have increased. The universalization of junior secondary education has been implemented in more than half of the provinces and cities throughout the country.

    17. Health-care services for children have increasingly been improved. The primary health-care network at the grass-roots level has been strengthened and upgraded. Most of the communes and wards have health-care stations. Poor children and children below 6 years of age are entitled to free health checks and treatment in public health units throughout the country. The child malnutrition, child mortality, maternal mortality rates etc., have reduced. The children affected/infected by HIV/AIDS and injured children have been given more attention. The rate of people having access to clean water has increased. 18. Child protection has moved towards the direction of a needs-based approach and meeting the basic rights of the child. Together with the solutions for ensuring a safe, healthy life for every child and early prevention as well as eliminating the number of children at risk of or vulnerable to difficult circumstances, Viet Nam also gives greater attention to the support, rehabilitation and reintegration into communities for groups of children in or at risk to difficult circumstances.

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