Political Prisoners in Vietnam: A Human Rights Crisis and International Law Violations

Introduction

Political prisoners are individuals incarcerated for their political beliefs, actions, or affiliations, often without a fair trial or under charges that violate their fundamental rights. In Vietnam, political prisoners include activists, journalists, human rights defenders, and individuals who have expressed dissenting views from the government. These individuals are frequently charged under vague legal provisions that allow the state to suppress criticism and restrain civil freedoms. Among them are prominent democracy activists such as Tran Huynh Duy Thuc, businessman and political blogger, and Nguyen Thuy Hahn, founder of a financial fund dedicated to helping Vietnamese prisoners of conscience, who have been imprisoned for peacefully opposing Vietnam’s authoritarian government (The Vietnamese Magazine, 2024e; Nguyen, 2024).

This phenomenon occurs within a broader context of a general human rights crisis in Vietnam, characterised by severe restrictions on freedoms of expression, association, and peaceful assembly (Human Rights Watch, 2024d). Vietnam’s political climate is tightly controlled, with the Communist Party of Vietnam (CPV) exercising a monopoly over political life (BTI, 2024). The government routinely suppresses dissent, particularly from individuals who advocate for democracy, human rights, and environmental issues (Human Rights Watch, 2024c). Activists and journalists are often accused of “distributing anti-state propaganda” or “organising activities to overthrow the people’s administration”, charges that carry harsh prison sentences (The Vietnamese Magazine, 2024e; Nguyen, 2024).

Human rights are essential as they are the foundation of a civil society that ensures active participation in political processes, free from restrictions and interference. The right to express one’s opinion, peaceful assembly, and association are enshrined in international law, namely in the International Covenant on Civil and Political Rights (ICCPR), which Vietnam acceded to in 1982. The ongoing detention of political dissidents and human rights advocates undermines these fundamental rights and calls into question Vietnam’s compliance with its international commitments.

This article examines Vietnam’s human rights violations, focusing on the country’s legal framework that criminalises dissent, the breaches of international humanitarian law, and the consequences for the country’s standing in the international community. It also highlights the importance of safeguarding human rights, particularly the freedoms of expression, association, peaceful assembly, and right to a fair trial, which are essential components of democracy (OHCHR, n.d.).

Criminalising Political Dissent: The Legal Framework Behind Political Imprisonment

The suppression of political dissent in Vietnam finds its legal basis in several provisions that allow the government to criminalise freedom of expression and imprison political activists. For example, Vietnam’s legal code includes several articles that the government deploys to this end, such as Article 117, which criminalises “making, storing, spreading information, materials, items for the purpose of opposing the State”, and Article 331, which penalises “abusing democratic freedoms to infringe upon the interests of the State”. These provisions, which carry long imprisonment sentences, are constructed in vague terms that grant the government broad discretion in framing political criticism as a threat to national security.

Some notable examples include the imprisonment of Tran Huynh Duy Thuc, who was incarcerated in 2009 for “activities aimed at overthrowing the people’s government” after publishing online articles criticising the government, and Nguyen Thuy Hahn, who was arrested in 2021 and charged with “distributing anti-state propaganda” in violation of Art. 117 of Vietnam’s Criminal Code (Sambul, 2024; Nguyen, 2024). Moreover, these incarcerations are usually preceded by arrests under different charges (e.g., Thuc was initially arrested and charged with stealing telecommunications cables), proving the complete arbitrariness behind these prosecutions (The Vietnamese Magazine, 2024f).

The concepts of ‘national security’ and ‘social order’ are thereby often used by the government and its security apparatus as a pretext to silence voices or repress activities deemed to challenge the legitimacy of the ruling party and the survival of the regime (BTI, 2024). Vietnam’s legal framework thus serves as a powerful tool to control public opinion and maintain its grip on power, deterring citizens from engaging in activism due to the fear of severe punishment.

Politival Strategic Reasons Bejomd Early Releases

On September 20th, 2024, Tran Huynh Duy Thuc was informed that he could return home after Vietnam’s President To Lam pardoned him with only eight months left to serve his sentence. Although Thuc refused, claiming he had committed no crime, he was forced to accept the amnesty (Sambul, 2024).

His release, together with that of another prominent political prisoner, Hoang Thi Minh Hong, environmental activist and founder of the non-profit organisation CHANGE, which campaigns for environmental protection and the fight against climate change, who was sentenced to three years of imprisonment for ‘tax evasion’ under Article 200 of Vietnam’s Criminal Code – was a political move, coming just one day before President To Lam’s visit to the United States (The Vietnamese Magazine, 2024f; Sambul, 2024). During his stay in New York, President To Lam not only met with U.S. President Joe Biden and attended the 79th session of the United Nations General Assembly (UNGA) but also arranged meetings with several U.S. business executives, with whom numerous cooperation deals were signed (Willemyns, 2024).

However, Australia’s Human Rights Watch Director Daniela Gavshon affirmed that the release of the two political prisoners was a stunt and the modus operandi of a country that is increasingly repressing freedom of expression, highlighting on September 24th, 2024, during President To Lam’s trip to the United States, the imprisonment of blogger Hoang Viet Khanh (Sambul, 2024).

Furthermore, it should be mentioned that earlier in 2023, the U.S. Congress’ Tom Lantos Human Rights Commission specifically called on Vietnam to release the prominent political prisoner Tran Huynh Duy Thuc (RFA Vietnamese, 2023).

Vietnam holds their own citizens like hostages. When they need to gain some points with Western countries, they release a few political prisoners. But at the same time, they put new ones in prison. It’s like a revolving door, Director Daniela Gavshon said (Najma Sambul, 2024).

Vietnam’s Blatant Violations of Internaitonal Humanitarian Law

Vietnam is a party to several international human rights treaties, most notably the International Covenant on Civil and Political Rights (ICCPR), which mandates the protection of civil and political rights such as the freedom of expression (Article 19), right to a fair trial (Article 9(3)), and protection against arbitrary arrest or detention (Article 9(1)). Moreover, Vietnam also ratified the UN Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (although not its Optional Protocol), which requires Member States to take effective measures to prevent acts of torture (Article 2(1)) and other acts of cruel, inhuman or degrading treatment or punishment (Article 16(1)). However, the country’s treatment of political dissidents starkly contrasts with these commitments.

According to Human Rights Watch, Vietnam currently holds more than 160 people in prison for peacefully exercising their basic civil and political rights (Human Rights Watch, 2024a). In numerous cases, detainees faced arbitrary arrest or detention, unfair trials, were denied access to legal representation, or reported mistreatment and torture by security officers during arrest, interrogation, and detention, in clear violation of both international and national laws (United States Department of State, 2023). In this regard, UN experts have also expressly condemned Vietnam, urging the country to release political prisoners, citing their detention as a clear violation of the country’s international human rights obligations (OHCHR, 2024).

In addition, Vietnam’s prison conditions are often below international standards. Reports indicate that political prisoners in Vietnam face overcrowded and unsanitary conditions, inadequate medical care, and psychological abuse, further aggravating their suffering (United States Department of State, 2023). This treatment violates international standards regarding the humane treatment of prisoners, as outlined in the United Nations Standard Minimum Rules for the Treatment of Prisoners, commonly known as the Nelson Mandela Rules.

Conclusion

Vietnam’s legal system has played a central role in suppressing political dissent through arbitrary arrest or detention, harsh sentencing, and repression of freedom of expression. These laws, designed with broad and vague language, empower the government to frame dissent as a threat to national security, stifling free speech and instilling fear among citizens seeking change. As a result, Vietnam has created an environment where political activism is almost impossible without risking imprisonment.

Despite its obligations under international law, the government has systematically violated the rights of its citizens, particularly those who opposed the authoritarian regime of the Communist Party. These violations reflect not only a disregard for Vietnam’s commitments under international treaties but also underline the government’s manipulation of national laws to prioritise the survival of the regime over the rights of its citizens.

If these issues remain unresolved, Vietnam risks further isolation and damage to its international reputation, particularly as international scrutiny over human rights grows. Continued repression of political activists could jeopardise Vietnam’s economic and diplomatic aspirations, as key trade and strategic partners such as the European Union increasingly prioritise human rights standards in their partnership agreements (Human Rights Watch, 2024b). Ultimately, fostering an environment that respects freedom of speech and political participation is not only a moral imperative but also a strategic necessity.

To address this crisis, the international community must increase pressure on the Vietnamese government to release political prisoners, reform its legal system according to international standards, and uphold the fundamental human rights of its citizens. Human rights organisations should continue to document and expose these abuses as well as raise awareness about the plight of political prisoners in Vietnam, while diplomatic efforts should prioritise human rights in discussions with the country (Human Rights Watch, 2024b).

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In fact, Vietnam’s Constitution itself explicitly states that ‘In the Socialist Republic of Vietnam, human rights and citizens’ rights in the political, civil, economic, cultural and social fields shall be recognized, respected, protected and guaranteed in accordance with the Constitution and law’ (Art. 14(1)). However, the second paragraph of the same article contains a provision that allows the government room for manoeuvre, providing that these rights may be restricted ‘in case of necessity for reasons of national defense, national security, social order and safety, social morality and community well-being’ (Art. 14(2)).

The UN Special Rapporteurs are part of what is known as the Special Procedures of the Human Rights Council, the largest body of independent experts in the UN Human Rights system that address either specific country situations or thematic issues in all parts of the world (OHCHR, 2024).