October 28, 2014 Statement on citizens’ right to stand for election 0 by DTD • [Human Rights] Email, RSS FollowEmail Print bầu cử IJAVN | Oct 27, 2014 Constitutional rights Democracy, or the expression of the people’s sovereignty not only lies in the direction of the ballot, but also expressed through the procedures to conduct elections, which includes the right to stand for election. Only when citizens can exercise their right to stand for election without being hindered in any circumstances can elections be considered really free and fair. The right to self-nomination therefore is the most basic and the sanctity of political rights, which is recognized in the International Covenant and Vietnam’s Constitution throughout the different eras. The International Covenant on Civil and Political Rights, adopted in 1966, clearly states in Article 25 the right of citizens “to vote and be elected at genuine periodic elections which shall be by universal and equal suffrage and shall be held at by secret ballot, guaranteeing the free expression of the will of the electors.” Declaration of Human Rights of the United Nations, adopted in 1948, emphasizes in Point 3 of Article 21 that “the will of the people shall be the basis of the authority of government; this will shall be expressed in periodic and genuine elections which shall be by universal and equal suffrage and shall be held by secret vote or by equivalent free voting procedures.” Ho Chi Minh, the man who gave birth to the Democratic Republic of Vietnam, once said: “Anyone who wants to take part in running the country shall have the right to stand for election, and everyone who is a citizen shall have the right to vote.” The Constitution of the state of Vietnam from 1946 till the present has always provided for the freedom of every citizen to stand as candidates for public office. Specifically: The 1946 Constitution of the Democratic Republic of Vietnam stipulates in Section C of Article 18 that “candidates shall be those who have the right to vote, are at least 21 years of age, and know how to read and write”. The 1992 Constitution stipulates in Article 54 that “citizens, regardless of ethnicity, gender, social background, creed, religion, educational level, occupation, residence period, shall have the right to vote if they are at least 18 years of age, and shall be eligible to stand for election to the National Assembly and the People’s Councils in accordance with the law if they are at least 21 years of age. The 2013 Constitution continues to stipulate in Article 27 that citizens who are 18 years of age and older shall have the right to vote, and citizens who are 21 of age or older shall have the right to stand for election to the National Assembly and the People’s Councils. The implementation of this right shall be in accordance with the law. Along with the right to vote, the right to stand for election must be implemented as one of the most basic rights of human beings that institutions should ensure. The “Party’s nomination, People’s votes” principle In spite of its 68 years of existence in the highest legal document of a state (the Constitution), the right to stand for election remains a “symbolic right” which exists only in theory. To be specific, the right to stand for election defines two types of nominations, of which nominations through organizations, agencies, or units are overwhelming compared to self-nominations by any individual. More specifically, the Law on Elections to the National Assembly stipulates in Article 2 that citizens of the Socialist Republic of Vietnam, regardless of ethnicity, gender, social background, religion, religiosity, educational level, occupation, residence period, shall have the right to vote once they are eighteen years of age or older, and the right to nominate delegates to stand for election the National Assembly in accordance with the law once they are 21 years of age or older. However, this same document also provides in articles 34 and 35 to strict regulations on how to nominate candidates to the National Assembly through agencies, organizations and units at central levels. It is this voting mechanism based on the imposing principle of “Party’s nomination, People’s votes” that has created gaping inequalities that mock the right of citizens to stand for election. The results of the three most recent elections of MPs thus show that there are too few successful candidates who were “independent” (ie, self-nominated) candidates. In the 11th National Assembly there were 67 independent candidates; only 2 were elected. In the 12th National Assembly there were 238 independent candidates; only one was elected. And in the 13th National Assembly there were 15 independent candidates; 4 were elected. Statement The right to stand for election is an important political right because it represents real democracy. It is this right, together with the right for free elections which will increase the right to take part in running a country and managing a society of all citizens in reality. And the more voting rights are guaranteed, the more characteristic features are revealed of a government that is “of the people, by the people, and for the people”. We, representatives of several associations belonging to the civil society, hereby demand that: 1. All agencies and organizations involved in the 14th National Assembly Elections should act with the utmost responsibility to create the most favorable conditions for all citizens to fully implement the right to vote as well as the right to self-nomination for election themselves. The “Party’s nomination, people’s votes” principle that has been in existence for so many years should be removed. 2. Transparency of procedures related to self-nominations should be established. No discrimination in terms of news coverage or conditions for conducting the election campaign should remain, and no hindering of self-nominated candidates’ activities should be allowed. This is essential to establish the principle of fair and objective elections. 3. Further supplements, amendments, and other improvements should be made to the Law on National Assembly Elections, which should specify the right of citizens to self-nomination, as well as the processes, procedures, and methods for citizens to exercise that right. In particular, additional rules specifying the conditions, standards, processes and procedures in the implementation of citizens’ right to self-nomination should be included in the Law on National Assembly Elections. 4. Removal of unfair rules, or clarifications to enable fair treatment of the two types of candidates should be made in Law on National Assembly Elections, namely in articles 34 and 35. Revisions to the unreasonable and unfair Decision No. 244 QD /TW dated June 9, 2014 promulgated by the Central Committee concerning voting rights of Party members should be considered. 5. Dissemination to the people of all social strata of the Law on Elections, of the rights and responsibilities of citizens in elections, and in particular the right of citizens to self-nomination should be made. Also, it should be make clear in the law that standing for election is the right and responsibility of all citizens. 6. Candidates’ profile should be made to include a judicial record and a declaration of assets. The right to self-nomination should be respected in order to represent the actual will of the people in elections. 7. Comments submitted by the Government to the Bill Drafting Committee for the Law on National Assembly and People’s Council Elections (which belongs to the National Assembly Standing Committee) to propose additional provisions towards more open forms of election, such as allowing the candidate to conduct his/her own election campaigns, should be supported. Made in Saigon, Vietnam, October on 28th 2014 List of civil society organizations signed: – The Independent Journalists’ Association of Viet Nam – Representative: Pham Chi Dung, journalist – Civil Society Forum – Representative: Dr. Nguyen Quang A – Le Hieu Dang Club – Representative: Mr. Huynh Kim Bau – Campaign for Independent Writers’ Association – Representative: Hoang Hung, poet
Posted on: Tue, 28 Oct 2014 12:04:13 +0000
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