In October 2023, the UNPO submitted input to the Special Rapporteur on the Right to Development preceding their country visit to the Socialist Republic of Viet Nam (‘Viet Nam’) in November 2023. This information sought to stress the inadequate implementation of the 2030 Agenda for Sustainable Development and its impact on the Khmer-Krom’s human rights. The Khmer-Krom are the indigenous population of the Mekong Delta which face significant repression and exclusion from political decision-making processes by the Viet Namese government. A preliminary report was published by the Special Rapporteur, Surya Deva, on 15 November 2023, followed by the final report on 8 July 2024 – both of which mark a positive recognition of the concept of indigenous peoples and the need to protect their rights.
The UNPO’s input drew attention to this marginalisation and the limitation of Khmer-Krom civil and political rights – including a denial of their indigenous status and restrictions on freedom of expression, association, assembly, religion, and language by the Viet Namese government. The input emphasised how a lack of recognition of the Khmer-Krom’s indigenous status as well as the right to self-determination has justified and exacerbated the denial of their rights.
The Special Rapporteur’s preliminary report indicated that although Viet Nam supports the United Nations Declaration on Rights of Indigenous Peoples (UNDRIP), it ‘does not accept the concept of indigenous peoples’. This lack of recognition has inadvertently prevented the Khmer-Krom from realising their rights to self-determination and self-identification. A preliminary recommendation was accordingly made that the Viet Namese Government consider allowing individuals to choose their identity and to ratify the International Labour Organisation (ILO) Convention No. 169 on Indigenous and Tribal Peoples, so as to recognise and protect Indigenous rights.
The above sentiment was reiterated in the final report, wherein the Special Rapporteur notes that Viet Nam’s nonacceptance of the concept of Indigenous Peoples may result in certain groups (like the Khmer-Krom) being unable to benefit from important rights such as self-identification and free, prior and informed consent. The report drew further attention to the use of legislation to intimidate and restrict the rights of ethnic and indigenous minorities. The particular impact of climate change on communities living in the Mekong Delta with the need for Viet Nam to engage in meaningful consultations with vulnerable and impacted communities when implementing ‘green growth, climate change and environmental policies’.
While the Special Rapporteur report commends the government of Viet Nam for the steps it has taken to implement the 2030 SDG Agenda, it indicates that many challenges remain – particularly in respect of the right of development for ethnic minorities. In this vein, it is recommended that Viet Nam take effective measures to ensure that the inequalities experienced by ethnic minorities are addressed. Moreover, the Special Rapporteur emphasises the fundamental principle of self-identification and urges Viet Namese Government is urged to allow individuals to choose their identity, which includes the right to identify as Indigenous Peoples. Viet Nam is again recommended to ratify the ILO Indigenous and Tribal Peoples Convention to allow for the protection and promotion of ethnic and indigenous rights.
The observations and recommendations made in this report are vital to the self-determination of the Khmer-Krom and the subsequent protection and promotion of their human rights. In light thereof, the UNPO welcomes and celebrates the report’s acknowledgement of the need to recognise Indigenous Peoples and their right to self-determination.
