The International Justice Clinic (IJC) collaborated with Open Net Korea (Open Net) and Legal Initiative for Vietnam (LIV) on advocating for human and digital rights in Vietnam. Vietnam is scheduled to be reviewed by the United Nations Human Rights Council (UNHRC) as a part of the Universal Periodic Review (UPR) on May 7th, 2024. The UPR is a cyclical review where every UN member state is subject to review on its human rights environment by its peer states. The country under review will then receive a list of recommendations from its peers, and for each recommendation the country will either accept it, accept it in part, or note the recommendation.
In anticipation of UPR lobbying, the IJC prepared a fact sheet with legal analysis on several major topics that implicate human rights on the internet in Vietnam. The fact sheet examined: (1) laws in Vietnam’s penal code and Cybersecurity Law that allowed the Vietnamese government to imprison peaceful journalists and political activists, (2) censorship of online content through social media post takedowns, (3) shutdown of the internet during times of unrest, and (4) privacy concerns where stored internet data can be accessed by the government without a warrant. The fact sheet was then first used by Vi Tran, Executive Director of the LIV, for lobbying in Geneva to the Permanent Missions of South Korea, Germany, Czech Republic, US, UK, EU Delegation, Denmark, Norway, and Sweden from February 12th to February 16th.
Sasha Stepanov, 2L clinical student of IJC, attended the Third Annual Summit for Democracy in Seoul, South Korea, to expand lobbying efforts and increase awareness of digital rights. Sasha engaged with multiple political officers of the UNHRC member countries that are scheduled to review Vietnam at the UPR session. Due to this engagement, the IJC, together with Open Net and LIV, was able to set up multiple follow-up meetings to present their research and fact-finding, as well as the international legal implications of Vietnam’s violations of digital rights.
On March 19th, 2024, after the official second day of the Summit for Democracy, Open Net held an informal briefing with IJC and LIV. Individuals from the Freedom Online Coalition that represented UNHRC member countries attended the briefing session. The countries in attendance were Denmark, the Netherlands, Estonia, Latvia, and the United States. The briefing session included general background information, a discussion on Vietnam’s laws that violated individuals’ freedoms of expression and privacy, personal experiences with the Vietnamese government, and applicable human rights law. The IJC utilized the prepared fact sheet not only to present, but to ensure the representatives had all of the relevant information to send to their home offices for the review.
During the last day of the Summit for Democracy, IJC, Open Net, and LIV met with the Human Rights Ambassador of Sweden. The meeting was held in the Open Net office in Seoul, and discussed the importance of the UPR to the Vietnamese government and people, and how Sweden could use its position on the HRC to advocate for human rights. On March 21st, IJC, Open Net, and LIV met with the French Embassy in Seoul to lobby further and emphasize the right to privacy. As France has a long history of advocating for privacy rights in its home country, the meeting ensured focus on Vietnam’s violations of privacy through surveillance and presented relevant information and recommendations.
The IJC was particularly aware of the importance of intervention from Latin American countries, and focused lobbying efforts there as well. In Seoul, IJC, Open Net, and LIV met with the Chilean Ambassador at the Chilean Embassy in Seoul. The lobbying in South Korea further secured a virtual meeting over Zoom on March 27 with Ambassador Rudolfo Pastor Fasquelle of the Republic of Honduras in Seoul to share the IJC research and concerns about internet freedom in Vietnam. Vi Tran presented first-hand factual information about the current environment and laws in Vietnam relating to the freedom of expression and right to privacy on the internet. IJC student Curtis Ferrarini, 2L, then presented the legal analysis on the laws in Vietnam and the potential violations of international human rights law, primarily concerning the International Covenant on Civil and Political Rights. The Ambassador agreed to send the IJC’s list of proposed UPR recommendations back to his home country to try and encourage positive change in Vietnam’s internet freedom through the UPR process.
The IJC prepared a list of suggested recommendations that countries may submit at the UPR about specific legal violations and international human rights concerns covered by the fact sheet. During the UPR, each member country has an allotted time to ask a question or present a recommendation to the country under review. This is a crucial part of the session because it brings awareness of the violations to light and holds the government accountable for the violations. The list of recommendations written and distributed by the IJC was based on recommendations from previous cycles, new laws implemented or proposed by the Vietnamese government, feedback from representatives in the meetings, and the member countries’ specific interests.
Curtis Ferrarini will be attending the 46th Session of the UPR in Geneva, Switzerland, from May 7th to May 10th to observe the proceedings on Vietnam and prepare for future IJC efforts in UPR lobbying.