[WSIS CS-Plenary] Fwd: [GILC-plan] Amnesty International releases report on Vietnam Net speech curbs

[Meryem Marzouki]

FYI. Meryem.

Début du message réexpédié :

>
> http://www.web.amnesty.org/library/index/engasa410372003
>
> Amnesty International is increasingly concerned about human rights in 
> cyberspace for people in Viet Nam, in particular the fundamental 
> rights to freedom of expression, information, peaceful assembly and 
> the right to privacy. The Internet has provided people critical of the 
> government with more opportunities to peacefully express their 
> opinions. However, the relative ease with which dissenting voices can 
> be traced in cyberspace, combined with the absence of privacy 
> protection, has increased their risk of arrest and prosecution. 
> Without safeguards for the fundamental rights guaranteed under the 
> International Covenant on Civil and Political Rights (ICCPR), to which 
> Viet Nam is a state party,(2) dissenting voices run an even greater 
> risk of falling foul of the authorities than before the launch of the 
> Internet. Whilst recognizing the Vietnamese government's legitimate 
> responsibility to protect the security of its citizens, Amnesty 
> International believes that this should not be used as a pretext to 
> stifle criticism, freedom of expression, and human rights generally, 
> in cyberspace.
>
> The Internet has become ever more popular since its launch in Viet Nam 
> in December 1997. The Vietnamese authorities have embraced the 
> Internet as a tool for economic development. Technological 
> developments are being introduced at a rapidly increasing pace. These 
> advances are providing a more favourable climate for people to use the 
> Internet to improve their social and economic opportunities. Computers 
> are becoming more affordable, rates for dial-up subscriptions are 
> decreasing and hourly rates for Internet access in Internet cafés are 
> now within the financial reach of larger parts of the population. In 
> August 2003, the number of Internet users was estimated to be 
> approaching 2.5 million. The potential Vietnamese audience for 
> Internet publications has likewise increased. Political dissidents and 
> others are exchanging e-mails with contacts in the Vietnamese 
> diaspora, posting messages on web based Internet forums and a number 
> of people have been posting political articles on the Internet.
>
> The Vietnamese authorities' concerns about the combination of an 
> increased Internet audience and active use by political dissidents and 
> others of this medium, has resulted in a crackdown on people using the 
> Internet to exercise their rights to freedom of expression and 
> association. Since 2001 at least 10 people critical of government 
> policies have been arrested on charges linked to use of the Internet. 
> Six of them have already been tried and sentenced to long prison terms 
> under national security legislation, while the others are detained 
> awaiting trial. Information about these people is provided in this 
> report. ...
>
>
> Recommendations
>
> Amnesty International calls for the Vietnamese authorities to:
>
> ? immediately and unconditionally release prisoners of conscience Le 
> Chi Quang, Dr Pham Hong Son, Dr Nguyen Dan Que, Pham Que Duong, Nguyen 
> Thi Hoa, Nguyen Vu Viet, Nguyen Truc Cuong, Nguyen Vu Binh, Nguyen 
> Khac Toan, and Tran Khue, and all of the many others who have been 
> detained for the peaceful exercise of their rights to freedom of 
> expression and access to information;
>
> ? ensure that, pending their release, all those detained are given 
> immediate access to their families, medical care and legal counsel in 
> accordance with Viet Nam's obligations under international law;
>
> ? revise the 1999 Criminal Code as a matter of urgency to bring it 
> into line with Viet Nam's international obligations. In so doing, 
> ensure that ambiguous provisions relating to national security which 
> carry draconian punishments are clearly defined or removed, so they 
> cannot be applied in an arbitrary manner to stifle legitimate dissent, 
> debate, opposition, and freedom of expression;
>
> ? revise criminal procedures as a matter of urgency to bring them into 
> line with Viet Nam's international obligations relating to fair trial, 
> with particular attention to the unlawful use of incommunicado 
> detention;
>
> ? ensure that all provisions in Internet laws and decrees are in full 
> compliance with the Vietnamese Constitution, the ICCPR and Viet Nam's 
> other international legal obligations.
>
> ? make reference to international standards such as the Johannesburg 
> and Siracusa Principles in the drafting of any legislation related to 
> freedom of expression.
>
> ? ensure that freedom of expression and related rights are protected 
> from arbitrary interference whilst fulfilling the legitimate concerns 
> and obligations of the state to protect its security and the rights of 
> its citizens. Monitoring and surveillance should not be carried out in 
> an arbitrary manner and should not infringe on the rights to freedom 
> of expression.
>
> ? remove restrictions on management of the Internet, including ISPs, 
> creation of personal websites, and operation of Internet cafés to 
> guarantee the rights to freedom of expression, information, and 
> assembly as set out in international standards, as well as 
> inviolability of domicile and privacy as established in the Vietnamese 
> Constitution.