Viet Nam Human Rights
Power must necessarily be controlled (Part 2 and end)
23/1/17
The next question is
how power will be controlled and by what way?
First the viewpoint power belongs to the people
must be fully aware of. The statement is not a slogan, and the political system
and the people in the community must be imbued with this viewpoint. Everyone
must be clearly and fully aware of this point of view and take practical
actions to realize it. Next, power must be controlled by the state power
stipulated in the Constitution and relevant laws on structure and functions and
tasks of the state apparatus, including the assignment and coordination of
state power enforcement and control between state agencies in exercising
legislative, executive and judiciary rights on the basis of unified state power
to limit mistakes, or discover mistakes for adjustment and rectification at the
earliest.
Generally, feudalist states could not control
power although at times there were some progressive provisions initiating power
control. Courts promulgated regulations on what mandarins could not do. Some
dynasties had royal historians honestly and objectively took notes of
everything relating to decisions and behavior of kings and Royal Courts for the
history to assess and judge. Kings were not able to control these notes. There
were censors to dissuade kings from wrongdoings, drums for people to beat to
file their complaints, and righteous judges. However, power control basically
remained unresolved. The reason was that power concentrated in the hands of kings
and the royal families. Kings could order death to anyone. Kings’ wills were
god’s wills; the people were dominated and had no freedom, including the right
to life. If they acted contrary to kings’ orders, depending on action severity
and the anger of kings three generations of the convicted could be subject to
death. It was the same in the early days of capitalism, power concentrated in
the hands of the rich and was not controlled. As capitalism developed to a
certain extent important progress on social democracy plus the development of
ideologies, especially in the field of philosophy changed political awareness
and thinking; power was controlled significantly, and continues to be improved.
Vietnam’s approach to this issue has not yet
been successful; power in general has not been strictly controlled, even in
some cases, is not controlled, and in reality, power abuse has taken place in
many aspects and levels. It has created very complicated degeneration. We do
not rigidly follow and apply the model of “separation of power to three
branches” of Western countries because each country has its cultural
characteristics and different stages of development, but it is advisable to
seriously study power control of that model to select “rational kernel.” Simultaneously
with the assignment and coordination, scientifically control among the three
branches mentioned above, there is also assignment and mutual control between
divisions within one branch, especially the executive and the judicial
branches.
Next, power control through exercise of
democratic rights, including direct, representative and participatory
democracy; through mechanism of competition, promotion and dismissal of cadres;
information transparency and accountability of organizations and individuals assigned
with power; the supervision of public opinion, and the people; freedom of
thought and freedom of speech to express political stance of the people who
participate in mastering the country. In particular, it is necessary to bring
into play the role of socio-political organizations, social-professional
organizations and healthy and legal self-regulatory movements established by
the people to protect the people's legitimate interests, participate in
building and protecting the country, and building society. It is a very
important method to implement democratic rights of the people; it has been
existing in Vietnam’s traditional society in the past and in current society
Vietnam though is not complete and modern.
The people have the right to question and demand
state agencies’ accountability; have the right to protest wrongdoings; request
ineligible cadres to resign or be dismissed. State agencies should has
responsibility to listen, investigate and verify, receive, reply and explain,
not to prevent or forbid the people to express their political stance
peacefully. Encourage the public to voice criticism and protest wrongdoings to
increase social resistance. Where and when public opinion is limited and
prevented, social resistance is decreasing.
In a progressive society, information
transparency is very important, every citizen has the right to access to
information, no one can hide information, like "daylight" in place of
"dark night," so that no evil can hide but to reveal itself. For years
in Vietnam there are covered things, being big or small, including lines,
decisions, negative cases, corruption and errors. It is this practice that has
made the people lost their confidence and suspicious of covering and
"group interest." Many things are alleged to be "sensitive"
as an excuse for not providing information. It is the lack of transparency that
has limited the effectiveness of the fight against corruption and "group
interest," not to mention it hindered the work. A government of the
people, why does it not fully reporst to the people? If leaders are not engaged
in negative and wrongdoings, why are they afraid of transparency? To achieve
transparency, the Party and State must extend corridors for freedom of speech
and press, and media professionals must also be brave, strong-willed and
ethical and dare to fight for to reason and not to be bribed. There is also
concern that if information about wrongdoings are transparent there will be
more distrust among the people. Not so! No transparency renders distrust. Everyone
has the right to be suspicious. And good leaders also suffer. By showing no
transparency, one can win people’s trust, but that is a deceited and mistaken
trust.
Art and literature should also actively
participate in "combating wrongdoings" to contribute to
"disseminate ethics" according to the human values and suitable
artistic forms. To exercise democracy, the first thing to do is to really
facilitate people’s feedback while fighting against nonsensical talks, slander
and insult against individuals and organizations, violating the freedom of
others, including the people and the leaders.
Personnel work so far, besides achievements, in
general, has not selected and use not many talents in the political system. Our
history repeated itself several times. In the resistance war against foreign
invaders, talents gathered under the righteous flag to fight for the
Motherland. During peace time, talents have become scarce, sycophants has
sneaked into the courtiers in increasing number leading to power degeneration
and collapse. Personnel work is mainly arrangement according to the will and
subjective thinking of leaders. In some cases, personnel placements are made
due to relations, relatives, "group interests," or manipulated by
money; promotion of leaders’ children or people of the same “interests.” From
the past to present, and in any regime and dynasty "buying and selling
positions" are manifestations of the most dangerous forms of power
degeneration. In Vietnam, for many years, the practice of “running for
promotion," “running for power” has become quite popular. In some cases,
it takes place as a matter of course which is very worrying, even in some
important areas. There has not a scientific mechanism for selecting and using
talents because personnel work has still been affected by feudalist ideology,
and in recent years, by the downside of the market mechanism and power
corruption.
It is necessary to make strong and radical
renewal of personnel work. People have to run for key leading positions in an
environment which respects freedom of self-nomination and nomination,
substantial and strict recruitment of specialized staff while expanding
democracy and heightening responsibility of heads of personnel work. This also
is a way for the people and the majority of cadres to engage in monitoring of
power assignment to cadres. Improve the quality of the National Assembly and
People's Councils at all levels, select entitle deputies as true and worthy
representatives of the people, who dare to raise their voices in defense of
people's interests. Once elected by the National Assembly and People's Councils
at all levels, deputies must wholeheartedly serve the people, listen to the
people, speak the voice of the people, and vote for people. Let the people know
how they address issues of people’s pressing concern, to monitor their loyalty
to the people. If they are party members, they must be more exemplary in
realization of people’s will, considering it the most important basis for
action-it is the highest principle. Party organizations assign party members
the task of acting as true representatives of the people, they must fulfil the
task; party organizations do not “act instead.” Faithful to the people,
speaking people’s voice are personality and sense of genuine party members. The
Party has no other purpose than to act for the people, and prevent
"interest group’s" manipulation.
There have been cases when party committees have
used administrative measures and power, even become the highest organ of power
in reality. If this situation is prolonged, party organizations will be
degenerated by power which will restrict Party leadership and weaken the party
organization itself. It is necessary to radically renovate Party leadership.
The Party do not work in stead of the State. The Party work does not overlap
that of State, especially in the use of state power. The Party leads mainly by
cultural values, issue lines in keeping with people’s aspiration, set example,
persuade, not impose through organizational, administrative and power measures;
the Party must be the genuine and most worthy representative for the democratic
banner; discover and select talents for the people. That was the traditional
way of doing in the past when the Party had not come to power and during the resistance
war against colonialists and imperialists that the Party has used to become the
leading Party. In the Party organization there must be a committee elected by
the Party Congress to oversee the cadres in terms of personality and the use of
power; in the process of leadership and power control, democracy must be
broadly exercises and the role of the people must be promoted for better
inclusion to ensure the State is truly of the people- the goal of building the
State that the Party has set out.
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All comments [ 10 ]
In the course of their millennia-old history, the Vietnamese people, working diligently, creatively, and fighting courageously to build their country and defend it, have forged a tradition of unity, humanity, uprightness, perseverance and indomitableness for their nation and have created Vietnamese civilisation and culture.
The State guarantees and unceasingly promotes the people's mastery in all fields, and severely punishes all acts violating the interests of the motherland and the people; it strives to build a rich and strong country in which social justice prevails, and men have enough to eat and to wear, enjoy freedom, happiness, and all necessary conditions for complete development.
The State carries out a policy of comprehensive development and gradually raises the material and spiritual living conditions of the national minorities.
The people make use of State power through the agency of the National Assembly and the People's Councils, which represent the will and aspirations of the people, are elected by them and responsible to them.
Democratic centralism is the principle governing the organisation and activity of the National Assembly, the People's Councils, and all other State organs.
All State organs, cadres and employees must show respect for the people, devotedly serve them, maintain close links with them, listen to their opinions and submit themselves to their control; all manifestations of bureaucratism, arrogance, arbitrariness and corruption shall be vigorously opposed.
The State exercises the administration of society by means of the law; it shall unceasingly strengthen socialist legality.
The State shall create favourable conditions for the effective functioning of the Fatherland Front and its component organisations.
The Vietnamese motherland is sacred and inviolable.
The lawful property of individuals and organisations shall not be nationalised.
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