English - CEDAW Southeast Asia

A Gendered and Rights-Based Review of Vietnamese Legal Documents through the Lens of CEDAW
Lastly, it is recommended that in all extradition treaties, trafficking must at all times be
explicitly included as an extraditable offence. It is also recommended that for cases falling under
Articles 344(1)(a) and 344(1)(d) of the Criminal Procedure Code, despite refusal to extradite,
investigation for prosecution for the offence must be initiated. Ratification of the Trafficking
Protocol is also strongly urged.
POLITICAL AND PUBLIC LIFE
(Articles 7 and 8 of CEDAW)
GR 23 states that the guarantee of equal participation in political and public life in Articles 7 and
8 of CEDAW covers the exercise of political power, in particular the exercise of legislative, judicial,
executive and administrative powers. The guarantee includes all aspects of public administration
and the formulation and implementation of policy at the international, regional, national
and local levels. Further, the concept of political and public life also involves many aspects of civil
society, including public boards and local councils, and the activities of organizations such as
political parties, trade unions, professional or industry associations, womens organizations, communitybased
organizations, and other organizations concerned with public and political life. Thus,
to fulfil the obligations under Articles 7 and 8, States Parties must ensure a reassessment of their
whole systems of governance. GR 23 also highlights the need to address underrepresentation of
women in political and public life. In this regard, it urges the setting up of temporary special measures
as a necessary intervention, as well as other measures to bring about an environment conducive
to women’s participation. It proposes a minimum of 30-35 percent representation of
women in political and public life, which is the critical mass that brings real change in political style
and content of decisions, and hence, must be the goal aimed for. Concluding Comments on Viet
Nam 2007 encourages the development of concrete measures, including temporary special
measures at all levels, whether elected or appointed.
Bearing these in mind, the selected indicators focus on the rights to vote, to stand for election
and to equal access to appointed positions, and the existence of temporary special measures
to enable equal participation. They also look into access to leadership positions not only in
State positions, but also in Communist Party of Viet Nam positions. The selected indicators also
focus on equal participation of women in mass organizations, NGOs and civil society groups, as
well as their participation at both the grassroots and international levels.
THE RIGHT TO VOTE AND THE RIGHT TO STAND FOR ELECTION
The Constitution, Law on Election to People’s Councils, Law on Election to National Assembly
2001, and Law on Gender Equality provide guarantees to the equal rights to vote and to stand
for elections.
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The Law on Election to National Assembly 1997, Law on Election to People’s Councils and
Law on Gender Equality requires a proportion of women in elected positions. There are no provisions
in these laws on the appropriate percentage of female deputies. However, national strategies
and plans have identified specific targets on womens participation in elected positions.
Practical measures to assist women to be elected are also being implemented by both the Viet
Nam Women’s Union and NCFAW. Further suggestions on ensuring equality include: (a) the Law
on Election to National Assembly 2001, Law on Election to People’s Councils and Law on Gender
Equality must provide that the proportion of female deputies in the National Assembly and
Executive summary