South China Sea Issues and

Human Rights in Vietnam

Emeritus Professor Carlyle A. Thayer

Presentation to the 23rd National Conference
of the Vietnamese Community in Australia
Dapto, NSW, June 11, 2016
Part 1 South China Sea Issues:
Australia and Vietnam
Claimant
States:
China/Taiw
an
Vietnam
Philippines
Malaysia
Brunei
[Indonesia]
 UN Convention on the Law of the Sea

Constitution of the Worlds Oceans

Does not deal with sovereignty issues
Compulsory dispute settlement
Semi-enclosed Sea - Duty to Cooperate
Provisional arrangements of a practical nature
Maritime zones and features
Sovereign jurisdiction
 UNCLOS
Land dominates the
sea maritime zones
Baselines
Internal waters
Territorial Sea
Contiguous Zone
Exclusive Economic
Zone (EEZ)
Continental Shelf
High Seas
International
waters
ASEAN-China Declaration on Conduct
of Parties in the South China Sea 2002
5. The Parties undertake to exercise self-
restraint in the conduct of activities that
would complicate or escalate disputes and
affect peace and stability including, among
others, refraining from action of inhabiting on
the presently uninhabited islands, reefs,
shoals, cays, and other features and to handle
their differences in a constructive manner.
 Cooperative Activities Under the DOC
a. marine environmental protection;
b. marine scientific research;
c. safety of navigation and communication at
sea;
d. search and rescue operation; and
e. combating transnational crime, including
but not limited to trafficking in illicit drugs,
piracy and armed robbery at sea, and illegal
traffic in arms.
 Declaration on Conduct of Parties in
the South China Sea (DOC)
10. The Parties concerned reaffirm that
the adoption of a code of conduct in the
South China Sea would further promote
peace and stability in the region and
agree to work, on the basis of consensus,
towards the eventual attainment of this
objective.
Chinas
Nine-dash line
(ng li
b)
All the
islands and
adjacent
waters
Historic
rights
Mischief Reef/ Vnh Khn LTE
Subi Reef/ Xu Bi (LTE)
Subi Reef/ Xu Bi LTE
Fiery Cross Reef/ Ch Thp R
Land Reclamation 1970-2015
Land Area

China

5 other
claimants
 Lighthouse on
Cuarteron ( Chu
Vin/Huayang) Reef,
October 9, 2015
 Two New Lighthouses
Mischief and Fiery Cross Reefs
Permanent Court of Arbitration
Arbitral Tribunal
 Philippines Claim Against China,
January 2013
China has made excessive maritime claims
Determine legal status of islands, rocks and
low tide elevations and submerged banks
occupied by China
China is interfering with its lawful rights within
and beyond its EEZ and continental shelf
Declare 9-dash line illegal in international law
 Philippines Claims Against China
Entitlements
Low Tide Elevations Rocks
Mischief Reef Johnson South Reef
Subi Reef Cuarteron Reef
Fiery Cross Reef
Gaven Reef
Scarborough Shoal
Hughes Reef (+
Chinese activities in
McKennan Reef)
the Philippines EEZ
 Permanent Court of Arbitration
Arbitral Tribunal
Does it have jurisdiction?
Does the Philippines claim have legal merit?
Tribunal can hear a case even if one party
refuses to attend
Position Paper of the Government of the
Peoples Republic of China on the Matter of
Jurisdiction in the South China Sea Arbitration
Initiated by the Republic of the Philippines
 Chinas Position Paper
on the South China Sea (2014)

Chinese activities in the South China Sea

date back to over 2,000 years ago. China
was the first country to discover, name,
explore and exploit the resources of the
South China Sea Islands and the first to
continuously exercise sovereign powers
over them.
 Australia and South China Sea
Australia does not take a position on
competing claims in the South China Sea, but
has a legitimate interest in the maintenance of
peace and stability, respect for international
law, unimpeded trade and freedom of
navigation.
Australia urges parties to exercise restraint,
refrain from provocative actions that could
escalate the situation and take steps to ease
tensions. (DFAT May 14, 2014)
 Australia and South China Sea
We call on governments to clarify and pursue
territorial claims and accompanying maritime
rights in accordance with international law,
including the Convention on the Law of the
Sea (UNCLOS).
We encourage China and ASEAN member
countries to make early progress on a
substantive code of conduct for the South
China Sea (DFAT May 14, 2014)
 Australia and
Freedom of Navigation May 11, 2016
"We (President Obama) ...
talked about security issues
in our region and confirmed
our strong commitment to
freedom of navigation
throughout the region and
the importance of any
territorial disputes being
resolved peacefully and in
accordance with
international law," Turnbull
said (May 11, 2016).
Part 2 The Political Situation in Vietnam:
Human Rights and Democracy
 Father Nguyn Vn L
Released on May 20, 2016
 United States Lifts Arms Embargo

As will all our defense partners, sales will need to still

meet strict requirements, including those related to
human rights President Obama, May 23, 2016
Obama Meets Representatives of Civil
Society in Vietnam May 24, 2016

this is an area [human rights] where we still have differences.

Theres been modest progress on some of the areas that weve
identified as a concern.
 Modest Progress
Joint Statement on Comprehensive
Partnership (June 2013)
United Nations Convention Against Torture and
Other Cruel, Inhuman or Degrading Treatment,
UN Special Rapporteur on Freedom of Religion or
Belief
Church registrations increased
Law on Marriage
same sex partnerships no longer criminalised
 Some Progress:
Secretary John Kerry May 24, 2016
Last year they released a number of
prisoners. They had about 160, I think; 60 or
so were released. There had been increased
freedom of worship. The church has been
recognized. Handicapped efforts have been
recognized. So theres some progress.
Right of workers to organize unions under the
Trans-Pacific Partnership agreement
Constitution Amended (January 2014)

Clauses on:
human rights (Article 3)
freedom of religion (Article 24)
free speech, press, access to information,
assembly, association and
demonstrations (Article 25)
- to be prescribed by law.
 Legislation (November 2014)
Penal Code
Criminal Procedure Code
Law on Custody and Temporary
Detention
Civil Code and Civil Procedure Code
More positively addressed the rights of
Vietnamese citizens
7 Human Rights Activists Sentenced
in March 2016

Nguyn Hu Vinh [Anh Ba Sm (Brother Gossip/Talking

Nonsense)], Nguyn Th Minh Thy were sentenced to five and
three years, respectively, for abusing democratic freedoms (Article
258 Penal Code) on March 23, 2016.
 inh Tt Thng
Sentenced March 24, 2016
The Peoples Court of Thanh Hoa convicted the 73-
year-old anti-corruption campaigner inh Tt Thng
and sentenced him to seven months and 11 days in
prison, for violating article 258. The indictment said
that he continuously sent letters to denounce,
slander, insult and offend the individual honor,
dignity and prestige of a number of leaders from the
central level, from Thanh Hoa province and from the
Party cell, the Peoples Committee and the Police of
Tho Xuan district.
 Nguyn Ngc Gi tn tht
Nguyn nh Ngc (March 30, 2016)
Ng Th Minh c, Nguyn Th Tr and Nguyn
Th B Hai Sentenced March 30, 2016
 Trn Hunh Duy Thc:
'Hunger Strike Until Death (May 2016)
Mass Fish Poisoning in Central Vietnam
(April-May 2016)
500 People Detained in May 2016

Fish need clean water, citizens need transparency

 National Assembly Elections
May 22, 2016
Vietnam Fatherland Front sets quotas (896
candidates)
Pre-selection of candidates by Fatherland Front
Centrally and affiliated based nominations includes
carefully selected non-party members (quota 20-50)
Self-nomination
Three-gates register, pre-selection at work and at
home neighbourhood
Record Number of Independents denied
Number of candidates/constituency restricted
 Organisation Survey Ranking

World Economic Forum Global Competitiveness 68 out of

Report 2011-12 (-2) 144

World Bank Ease of Doing Business 90 out of

Report, 2015 (-3) 189

United Nations Development Human Development Index 116 out of

Programme 2015 (+12) 188

Transparency International Corruption Perceptions 112 out of

Index 2015 (no change) 167

Heritage Foundation/The Wall Index of Economic Freedom 131 out of

Street Journal 2015 (+5) 166

Reporters Without Borders Worldwide Press Freedom 175 out of

Index 2015 (-3) 180
 South China Sea Issues:
Australia and Vietnam
and The Political Situation in Vietnam:
Human Rights and Democracy

Email: carlthayer@webone.com.au
Publications: Scribd.com