Transcript Development Anthropology

RIGHTS OF ETHNIC MINORITY
GROUPS IN VIET NAM
Dr. Mai Thanh Sơn
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;
Thank you so much for your
listening