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Law on Association is not a drawback of human rights implementation (Part I)
Law on Association is not a drawback of human rights implementation (Part I)
11/8/15
The right to
association, recognized in the Universal Declaration of Human Rights 1948 and
International Covenant on Civil and Political Rights 1966, is a fundamental
right of the humans and plays an important role in promoting other human
rights. In Vietnam, the right to establishment of associations is stipulated in
Article 25 of the amended Constitution 2013. Through the establishment and
participation in associations, individuals connect to protect their rights, as
well as to help each other in social, cultural and economic activities. In the
field of politics, the right to freedom of association also plays a vital role
in institutionalizing the rights to election, candidature and to management of
the country.
As we know right
of association is part of human rights, and in respecting and ensuring human
rights Vietnam’s National Asembly has drafted a new and more detailed “Law on
association” in recent years. The new draft law on associations set
for review at Vietnam’s National Assembly in October this year. The
law would cover all non-governmental organizations (NGOs) which are operating
in Vietnam now.
First, we should
know more about NGOs which are also often referred to as "civil society
organizations" or CSOs.
A non-governmental
organization is a not-for-profit group, principally independent from
government, which is organized on a local, national or international level to
address issues in support of the public good. Task-oriented and made up of
people with a common interest, NGOs perform a variety of services and
humanitarian functions, bring public concerns to governments, monitor policy
and programme implementation, and encourage participation of civil society
stakeholders at the community level. Some are organized around specific issues,
such as cultural exchange, technology, environment, etc.
Numerous local,
regional and international NGOs have played an essential role in national rule
of law reform processes and at the global and international level. Some conduct
research and analysis in the legal and other fields (e.g. sociology, economics)
relevant to the rule of law. In many cases, they produce reports with policy
recommendations, for use in their advocacy. NGOs often serve as early warning
mechanisms and help monitor and implement international agreements. Others
group professionals or other NGOs in specialized fields or professions into
associations, networks or commissions with a view to exchanging knowledge and
good practices, and facilitating the provision of rule of law assistance.
In Vietnam, there
are different forms of associations in Vietnam, including groups which
are either registered or not with state agencies, or groups operating at
local, national or international levels, or groups working in areas of
economics, culture or social issues... But, much of the legal framework for
NGOs in Vietnam is in regulations or administrative practice and not in laws.
The 1957 "Law on Association" and the later Civil Code (1996) regulate
the NGO sector with scant detail. The Civil Code recognizes three types of
entities within the NGO sector: social and socio-professional organizations;
social and charitable funds, and other organizations, as provided by law. Due
to lack of a law, some associations which may not register to the authorities
have conducted activities in opposite with the Vietnamese laws, causing chaos
and instabilities in our society.
So, we need a Law
on association. The law will help protect and enforce people’s right of
association. The National Assembly has accepted the draft law which says "The
citizen shall enjoy freedom of opinion and speech, freedom of the press, the
right to be informed and the right to assemble, form associations and hold
demonstrations in accordance with the law."
The proposed law stipulates that membership of any
association and participation in its activities must be voluntary, regular,
autonomous and accountable before the law. The association must be
self-financing, non-profit making and abide by both the law and its
regulations. The law will help clearly define the types of associations that
must be registered. (To be continued)
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All comments [ 10 ]
Yeah, the law is aimed to protect human rights, and it is criticized by ignorant people who consider themselves human rights activists.
Not just law, Vietnam's Party and State have issued many policies creating good conditions and environment for variety of organizations to develop.
Vietnam should be hailed for its implementation of human rights and democracy.
The law will help protect and enforce people’s right of association, just biased and narrow-minded elements who hold tightly on their own interests still trying to deny it.
But Vietnam should review and draw experience from Cambodia's government when it passed the same law.
I think despite of how good the law is, how democratic and human rights is, reactionary individuals and organizations like bloggers and self-claimed activists would still criticized.
I agree with Love Peace, so hard to satisfy those elements.
The citizen shall enjoy freedom of opinion and speech, freedom of the press, the right to be informed and the right to assemble, form associations and hold demonstrations in accordance with the law.
I totally support the law, many countries have their laws on association, and it is a normal legal process.
The new draft law on associations set for review at Vietnam’s National Assembly in October this year.
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