Human rights, while universally acknowledged, are also deeply rooted in the cultural and historical context of individual nations. Hostile forces, however, have sought to exploit this, absolutising the concept of human rights and asserting “human rights above sovereignty”. This dangerous tactic aims to destabilise political environments and provide a pretext for unwarranted interference in the internal affairs of independent states. Such a claim is unfounded and must be unequivocally refuted.

Illustrative photo (vov.vn)

To advance the cause of human rights, the United Nations promulgated the Universal Declaration of Human Rights in 1948. Since then, the protection of human rights has become a fundamental principle of international law. However, it is important to recognise that the exercise of human rights can be subject to certain limitations based on the specific context of individual nations. However, with sinister political motives, reactionary forces have exploited the universality of human rights to falsely argue that individuals and their human rights should be placed in a supreme, inviolable position, both domestically and internationally. From this, they have advanced the notion “human rights above sovereignty” and that to ensure human rights, it is necessary to interfere, even violate, sovereignty.

Human rights issues have been leveraged as a central tactic of hostile forces against the Vietnamese revolution. Using the rhetoric of “human rights above sovereignty”, they have demanded that Vietnam comply with their claims; they have even made the protection of “human rights” for certain lawbreakers a condition for negotiations, trade agreements, and diplomatic relations. Their primary tactic remains to exploit issues concerning “democracy” and “human rights” to distort, slander, and defame our State, and to interfere in Vietnam’s internal affairs. They repeatedly parrot the tired argument that “Vietnam has grossly violated human rights”, particularly freedom of speech and the press; that it has suppressed and discriminated against ethnic and religious minorities; and they call for Vietnam to release all “prisoners of conscience” and condemn its authorities for unlawful arrests. Their ultimate goal is to create a psychological and legal basis to encourage domestic opposition forces, facilitate foreign interference, destabilise the country, and then overthrow the Party’s leadership and the socialist regime. This is a longstanding and insidious tactic designed to undermine the sovereignty of nations that go against their interests; hence, it must be unequivocally condemned.

Firstly, from a legal standpoint, the Universal Declaration of Human Rights and other international covenants have clearly defined that the scope and limits of human rights must be considered within the broader context of the community, nation, and people. Article 29 of the Universal Declaration of Human Rights of 1948 stipulates that individual rights may be subject to limitations when necessary to protect the rights and freedoms of others or to meet the just requirements of morality, public order, and the general welfare. Article 18 and 19, paragraph 3, of the International Covenant on Civil and Political Rights of 1966 underscore the social responsibility of every individual to the community. This implies that while enjoying their rights, all individuals are subject to certain limitations to “public safety, order, health, or morals or the fundamental rights and freedoms of others”. The covenant further stipulates that “the exercise of the rights provided for in paragraph 2 of this article carries with it special duties and responsibilities. It may therefore be subject to certain restrictions, but these shall only be such as are provided by law”. This means that community rights must be prioritised over individual rights, and the notion of individual rights being superior to national sovereignty is fundamentally incorrect. In other words, human rights, regardless of the country or social system, must be exercised within the framework of national law and must not infringe upon the rights of society or the rights and interests of others. The assertion that “human rights above sovereignty” is a distortion and a misinterpretation of international law, driven by dark and reactionary motives.

Secondly, in a symbiotic relationship with “national sovereignty”, “human rights” are inextricably linked and dependent on the existence and development of that sovereignty. This is a dialectical and interdependent relationship where human rights can only be fully guaranteed and realised when a nation enjoys sovereignty, independence, and stability. For it is the constitution and laws of each nation that provide the solid foundation for protecting and fulfilling the fundamental rights of citizens. Therefore, national sovereignty is an indispensable precondition for guaranteeing and promoting human rights. Only by respecting the right of nations to self-determination and creating conditions for countries to freely choose their own development path can we build a world where human rights are universally respected and protected. The preamble to the Universal Declaration of Human Rights of 1948 states: “...Whereas it is essential, if man is not to be compelled to have recourse, as a last resort, to rebellion against tyranny and oppression, that human rights should be protected by the rule of law”. Article 1, paragraph 1, of the International Covenant on Civil and Political Rights of 1966 states: “All peoples have the right of self-determination”. The history of national liberation struggles worldwide has demonstrated that when a country is oppressed and colonised, its people suffer and their human rights are severely violated. Only when a country is independent and at peace can human rights be guaranteed. Thus, national sovereignty, the right to self-determination and human rights are dialectically interrelated. Accordingly, the state, as the representative of national sovereignty, is responsible for guaranteeing human rights within its territory. No other state or international organisation can assume this responsibility on behalf of a sovereign state. Therefore, to guarantee human rights, the precondition is the respect for national sovereignty and the independence of the state. At the same time, the state must use its independence to bring about a better life for its people. This is a key political objective guiding the human rights activities of states worldwide.

Thirdly, under the leadership of the Communist Party, Vietnam has built and developed the country along a path of national independence and socialism. It has upheld the independence, sovereignty, unity, and territorial integrity of the nation, and has fostered a peaceful and stable environment for development. The Party and State have always considered it their highest goal to ensure that all citizens can develop harmoniously and enjoy the benefits of human rights. At the same time, they encourage citizens to contribute to the building and protection of the country. We know that the homeland is a sacred value for every Vietnamese citizen. Only when the country is independent, unified, and its sovereignty is protected can the people be happy and their rights be guaranteed. With the victory of the August Revolution in 1945 and the wars of resistance against colonialism and imperialism, the Vietnamese people have been able to enjoy independence, freedom, and become the true masters of their country; fundamental human rights have been guaranteed. Especially since the Doi Moi (Renovation) process, under the Party’s wise leadership, Vietnam has achieved significant accomplishments in many areas, as affirmed by the 13th National Party Congress: “Never before has our nation enjoyed such a solid foundation, immense potential, and high international standing as it does today”. As a result, the economic, social, cultural, civil, and political rights of the people have been increasingly guaranteed. One notable example is the eradication of poverty, as measured by the multidimensional poverty index, which has decreased from 9.88% in 2015 to 2.75% in 2020, achieving the Millennium Development Goals a decade ahead of schedule. Regarding religion and belief, the Vietnamese Party and State consistently respect the freedom of religion and belief of its citizens. All citizens have the right to follow or not follow any religion. As of December 2023, Vietnam has over 26.5 million believers, accounting for 27% of the population, more than 57,000 religious leaders, 147,000 clergy, and nearly 30,000 places of worship. Regarding ethnic minorities, Vietnam not only guarantees equal rights but also implements special preferential policies to promote their development, while preserving and promoting their cultural identity. They are also provided with opportunities to participate in the political system, social management, state management, and run for the National Assembly and People’s Councils at all levels. The 14th National Assembly has 86 out of 496 deputies from 32 different ethnic minority groups, accounting for 17.34%, the highest number ever. Moreover, Vietnam has focused on implementing social welfare policies, education, training, healthcare, gender equality, and more. Notably, during the COVID-19 pandemic and natural disasters, Vietnam implemented policies and measures to ensure the well-being of all citizens, “leaving no one behind”, which was highly appreciated by both domestic and international communities. On 14 December 2021, former Secretary-General of the France - Vietnam Friendship Association, Jean-Pierre Archambault, assessed that one of the outstanding achievements of Vietnam's Doi Moi is the effective guarantee of human rights. No one can deny the results Vietnam has achieved in the field of human rights. These successes in promoting and protecting human rights domestically, as well as actively sharing experiences and contributing resources to support human rights in other countries, have enhanced Vietnam’s international reputation. As a result, on 11 October 2022, Vietnam was elected to the United Nations Human Rights Council for the 2023-2025 term.

Therefore, both theoretical and empirical evidence unequivocally demonstrate that a nation deprived of sovereignty is incapable of safeguarding the human rights of its citizenry. Human rights can only be effectively secured within a truly sovereign state. The assertion that “human rights above sovereignty” is a spurious claim, a mere pretext for malevolent political machinations. The Vietnamese State prioritises national sovereignty and interests with the paramount objective of liberating its people and ensuring their fundamental human rights. Any interpretation that deviates from this core purpose is a fabrication and a slander aimed at inciting unrest and justifying interference in the internal affairs of independent, sovereign states. Such actions constitute a flagrant violation of international law and must be vehemently condemned and rejected.

Colonel, Dr TRAN THANH SON

Infantry Officer College No.1