English - CEDAW Southeast Asia

CEDAW and the Law:
(3) Election and removal from office of members of the People's Inspection Boards, the
Community Boards for Investment Supervision.
Article 19: Contents to be commented by people
(1) Draft plans on socio-economic development at the communal level; economic and production-restructuring
options; schemes on sedentary farming, resettlement and new economic
zones and production and business line development options of the communal level.
(2) Draft detailed land use planning and plans and adjustment schemes; the management
and use of land areas of the communal level.
(3) Draft plans on implementation of programmes and projects in communal-level localities;
undertakings and schemes on ground clearance compensation and supports, infrastructure
construction, resettlement; schemes on population quarter planning.
(4) Draft schemes on establishment, merger, division of administrative units, adjustment
of administrative boundaries, directly related to communal-level localities.
(5) Other contents, which need people's comments as required by law, requested by competent
state bodies or considered necessary by communal-level administrations.
Article 23: Contents to be Supervised by people
People supervise the materialization of the contents specified in Articles 5, 10, 13 and
19 of this Ordinance.
The Ordinance on Democracy also provides that, in relation to Article 5 of the ordinance,
communal-level People’s Committees will formulate and adopt plans for materialization of the
publicized contents and of contents to be discussed and decided by the people. 379 Written
records on the results of the contents discussed and decided by the people will be made. 380
The Ordinance on Democracy requires coordination with the Viet Nam Fatherland Front and
its members, which includes the Viet Nam Women’s Union, so this allows some level of participation
from women. 381
Article 15 of the Ordinance on Democracy states that the contents of Article 13 of the
ordinance must be agreed upon by 50 percent of the total number of voters or voter-representatives
of households to be valid for implementation. By providing for 50 percent voter-representative
of household instead of simply voters, there is a tendency to leave women out, as it
is mostly men who are considered as heads of households.
188
Hence, although inclusive of many things, the Ordinance on Democracy is couched in
mostly gender-neutral language with no specific provisions in favor of women. There are no
guarantees of female participation or participation of other disadvantaged groups in this
process. As a result, there is a possibility that they will be overlooked.
On the other hand, the Law on Gender Equality provides:
379
Ordinance on Democracy, Article 9(1) and 17(1)
380
Ibid., Articles 9(2) and 17(2)
381
See Ordinance on Democracy, Articles 12, 17 and 24
Review of key legal documents and compliance with CEDAW