Magnitsky human rights act to violate the right to national self-determination (Part 2 and end)

The Magnitsky Act does not conform to principles of international relations. Indeed, Article 1, Paragraph 2 of the Charter of the United Nations declares that one of the purposes of the United Nations is to develop friendly relations among nations based on respect for the principle of equal rights and self-determination of peoples…” Given this Act, that U.S. imposes its law on other states is unacceptable. The Magnitsky Act, therefore, violated the principle of equal rights and self-determination of peoples as defined by the Charter of the United Nations.

Regarding international law on human rights, the Magnitsky Act has breached a number of conventions, especially the International Convention on Civil and Political Rights, adopted by the UN in 1966. Article 1 of the Convention defines that “All people have the right of self-determination. By virtue of that right, they freely determine their political status and freely pursue their economic, social and cultural development, an so on. The State Parties to the present Covenant, including those having responsibility for the administration of Non-Self-Governing and Trust Territories, shall promote the realization of the right of self-determination, and shall respect that right, in conformity with the provisions of the Charter of the United Nations”. The Magnitsky Act, therefore, has violated the principle of “freely determining their own political status of peoples,” including political regimes (socialism, capitalism, constitutional monarchy, pluralism or monism), or the model for the governance of a state (separation of powers, division or coordination of powers, etc.,), including its legal system. In fact, nowadays some countries are still using whipping as a form of judicial punishment, or “chemical castration” to punish child sex offenders and pedophiles, and so on.

Obviously, the author does not intend to make any comments on another country’s legal system because this matter is decided by the main decision-making body of that country. It is highly possible that these countries must be aware of human rights. As time goes by, these regulations may change and this falls within the competence of each country.

Russian Foreign Ministry spokeswoman Maria Zakharova has rejected this Act shortly after its promulgation. She said: “U.S. enactment of the 2012 Magnitsky Act has undermined U.S. relations with the whole world. The Magnitsky Act signed by President Barack Obama has been not only against Russia, but the whole world.” Ms. Zakharova also noted that: “It is an old foreign policy tradition of Washington to use human rights as an excuse for putting pressure on undesirable governments.”

As far as Vietnam is concerned, this Act wouldn’t make any contributions to present Vietnam-U.S. relations and be feasible. World history during the 17^th and 19^th centuries demonstrated that while people in European countries and U.S. were entitled to certain degrees of citizenship and human rights after the “bourgeois democratic” revolution, people in Vietnam were under extreme oppression of colonialism and feudalism. Under the cover of spread of civilization and “protection of the free world,” the colonialists and imperialists waged many wars of aggression for decades, but no single developed country “shared human rights and democratic values” with Vietnamese people!

Our people’s human rights have only been operationalized since the August Revolution initiated and led by the Communist Party of Vietnam and President Ho Chi Minh in 1945. Human rights in Vietnam only came into being when our country gained independence and national sovereignty was secured. Our people’s citizenship and human rights were stipulated for the first time in the 1946 Constitution, the first Constitution of the Democratic Republic of Vietnam, the predecessor of the Socialist Republic of Vietnam.

During the past 7 decades with full of special historic periods, especially in wars of aggression, there were some limitations in securing human rights. However, the people’s human rights and citizenship have been promoted since national unification, in particular from the period from 1986 onwards.

The 2013 Constitution represents a special leap in legal terms of human rights in our society and country. Chapter 2 of this Constitution regarding “human rights and citizens’ fundamental rights and duties” has stipulated every aspect of human rights, in conformity with international conventions on human rights. Over the past few years, our National Assembly has made a number of new laws and amended and supplemented many old laws in the spirit of truly respecting and securing human rights. Administrative reform strategy should comply with principles of human rights, creating the most favorable conditions for people to enjoy and capitalize on their rights in political, economic, cultural and social fields. For example, the newly amended Law on Enterprises consists of new regulations, which were made in the direction of minimizing unnecessary procedures while ensuring the “right to freedom of enterprise in the sectors and trades that are not prohibited by law” as defined in Chapter 2, the 2013 Constitution.

Currently, the National Assembly is studying and elaborating legal documents proposed by functional agencies, which include Law on Association, Law on the Right to Protest, and so on. The promulgation of these laws is only a matter of time and resources.

There have been considerable changes in Vietnam-U.S. ties since the end of the Cold War. Vietnam and U.S. have become equal partners after normalization of Vietnam-U.S. diplomatic relations in July 1995. The official visit to America paid by the President of the Socialist Republic of Vietnam Truong Tan Sang in July 2013 has ushered in a new period of sustainable dynamic development between the two nations. The establishment of Vietnam-U.S. Comprehensive Partnership marked an important milestone in their relationship. The following official visit to America of General Secretary Nguyen Phu Trong in July 2015 and President Barack Obama’s official visit to Vietnam in May 2016 on the basis of political trust and new vision have widened areas of cooperation between the two countries. Nowadays, Vietnam-U.S. ties are developed in the principle of respecting the interests of each other, equality and mutual benefits.

It can be said that, Vietnam-U.S. relationship over the past few years and today has grown and prospered. The promulgation of the Magnitsky Act goes against cooperative principles among countries in general, Vietnam-U.S. Comprehensive Partnership in particular. Vietnam is a sovereign state, so it will not allow anyone, or any governments to impose their legal mechanisms on its citizens (if there is no agreement with Vietnam). The Magnitsky Act, therefore, is unfeasible with Vietnam./.