Dr. Mai Thanh Sơn RIGHTS OF ETHNIC MINORITY GROUPS IN VIET NAM

Statements in the presentation reflect the writer's personal attitudes only and don't represent organizational ones

1. Rights of ethnic minorities: From perspectives of some international models and experience

Model in China: to be autonomous under the leadership of Han group; Ethnic minorities in Thai Land: Every citizen must know Thai language; Policy towards indigenous people of Japan: fully assimilated then empowered; Indian in America: determinate itself upon Federal and State Constitutions

Some comments Rights of ethnic minority is always a hot issue; “Thoughts of major ethnic/superiority race with leadership mission” still has a huge influence; Attitudes, approaches and models of empowerment for ethnic minorities is different in countries; Milestone issue in empowerment for ethnic minority groups in the worldwide links to the factor of “land” and governance methods

2. Rights of Ethnic Minority groups in Viet Nam

2.1. Policies towards ethnic minorities under feudal dynasty Policy “nhu viễn” (to be softened to tie up then); Policy “tiền binh hậu lễ” (use military power first, then diplomatic actions to embroil); Policy “Hán Di hữu hạn” (Respect values and culture of ethnic minorities – Han and Di people have their own values) by King Gia Long; Policy “nhất thị đồng nhơn” (Acculturation) by King Minh Mang.

2.2. Viet Nam perspectives of human rights under the global context  Deny the abuse of human rights and politicization;  Fight against western imposition and actions into national issues.

2.3. Viet Nam perspectives of rights of ethnic minority groups There is no indigenous people in Viet Nam; All men are equal under the law, ethnic minority groups have same rights as the majority (King people); Ethnic minority groups are not legal entity and not an entity to have a dialogue with the State and have no leaders; Ethnic minority groups have the right to preserve their own culture and values but under the national constitutions and are not allowed to violate the tetorr are not allowed to violate national territorial integrity.

2.4. State legal framework on rights of ethnic minority groups Ethnic minority groups are national co-subjects; Ethnic minority groups have the full rights as the majority, human rights of politics, civil, economy, culture and society

2.5. The realization of basic rights of ethnic minorities To ensure citizen’s equality under the state law; To ensure imprescriptible rights of human life; To ensure civil and politic rights (statements, association formation and beliefs); To ensure basic rights of economy, society and culture (right to work; right to get access to education; health care services; and right to preserve material and non-material cultural values…)

3. Some issues in insurance of rights of ethnic minority groups

3.1. Backward thoughts and misconception in ethnic people definition The definition of groups of people in Vietnamese dictionary is now out of date, not reflect the reality; Greatly meaningful and indispensable criteria are self-consciousness of groups of people through their name calling and notion of their ancients.

3.2. Mistakenness of scientists Viet Nam presently has 170 groups of people having their own name/different names. Scientists thought that it was possible to gather these groups into one group called “thành phần tộc người”; Based on that, the scientists proposed to the Government to deny names of more than 100 groups of people. This is against State Constitutions

3.3. Having not ensured the preservation of cultural values Deny national property of natural resources of communities at hamlets; Dissolve national social institution and deny social regulations and rules; Explain spiritual phenomenon and break down national behavior margins of communities.

In conclusion: Some thoughts on the unity of legal framework

According to Constitution, “ethnic groups” – refers to a community of people – cells to form a nation - are “owners” of many “properties”. However, in concrete laws, “ethnic groups” – refers to a community of people/cultural subjects and not single individuals/citizens- not be considered to have adjustment. Therefore, preservation of groups of people under articles of Constitution is in difficulty.

Groups of people “Preserve cultural values and push up customs, practices, traditions and culture” through local social units/autogenous cultural environment called hamlets and villages. However, governmental management policies make social units tend to be broken down or deformed: Groups of people only have the right to own the top, and the bottom is not saved by legal instrument.

Hamlets are not self-governaned units any more, not a governmental bodies/not legal entity; therefore, management or participation mobilization has constraints

Lack preservation of indigenous knowledge of communities; Generalization in some definitions prescribed in some laws;

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