IV. Recommendations

To the government of the Socialist Republic of Vietnam:

• Immediately and unconditionally release all persons detained for peaceful activities to promote the rights of workers to freely associate, including the right to form and join trade unions of their own choice; to peacefully assemble to protect and advance their rights; and to exercise their right to freedom of expression on behalf of workers and their concerns. 
• Uphold Vietnam’s obligations under the International Covenant on Civil and Political Rights (ICCPR), the International Covenant on Economic, Social and Cultural Rights (ICESCR), and as a member of the International Labor Organization (ILO) to respect and promote freedom of association and the rights of workers to form independent labor unions, conduct strikes, and collectively bargain with employers.
• Amend all relevant Vietnamese laws and regulations, including the 1994 Labor Code, to bring them into conformity with ICCPR, ICESCR, and ILO requirements. In particular, ratify and implement ILO Convention No. 87, regarding freedom of association, and Convention No. 98, regarding the right to organize and to bargain collectively.
• Ensure the right of individuals to associate and peacefully assemble with others regardless of whether they express views that run counter to the political or ideological views of the Vietnamese government or the Communist Party of Vietnam.
• Recognize independent labor unions under Vietnamese law.
• Ensure that privately owned, state-owned, and foreign-invested companies and enterprises in Vietnam respect international labor standards.
• Invite ILO officials to investigate and discuss protection and promotion of workers’ rights in Vietnam and accept ILO recommendations.
• Actively cooperate with UN human rights special procedures, specifically by issuing standing invitations to the special rapporteur on the promotion and protection of the right to freedom of opinion and expression, the special representative on the situation of human rights defenders and the working group on arbitrary detention and enforced or involuntary disappearances.
• Make public any information in the government’s possession about the whereabouts of labor activist Le Tri Tue, who went missing in May 2007 after seeking political asylum in Cambodia. 

To Vietnam’s international donors and trading partners, including Japan, the European Union, and the United States:

• Consistently raise concerns about violations of labor rights in Vietnam at the highest levels and call upon the Vietnamese authorities to cease the harassment and arbitrary arrest, detention, and imprisonment of independent labor activists.
• Ensure that workers’ rights are respected in all internationally funded projects.
• Insist that the Vietnamese government immediately cease the detention, harassment, or arrest of labor activists and others who disseminate information about labor rights.
• Require that the Vietnamese government fully protect in law and in practice internationally recognized workers’ rights, including the right to freedom of association; the right to organize and bargain collectively; prohibitions on forced labor; a minimum age for the employment of children; and acceptable conditions of work with respect to minimum wages, hours, and safety and health. 
• For countries negotiating or engaged in preferential trade programs with Vietnam, initiate a regular review of Vietnam’s eligibility, in light of its observance and protection of workers’ rights.

To the International Labor Organization:

• Dispatch a senior-level mission from Geneva to engage with the Vietnamese government on labor rights.
• Call for the unconditional release of labor activists detained, imprisoned, or placed under house arrest for peaceful expression of their views.
• Press for reform of the Labor Code and appropriate actions to bring Vietnam into compliance with its commitments under the ILO Declaration on Fundamental Principles and Rights at Work.
• Seek a time-bound reform program for amending the Labor Code to bring it into compliance with ILO Convention 87 (regarding the right to freedom of association and protection of the right to organize) and Convention 98 (regarding the right to organize and collectively bargain).
• Instruct the ILO Bureau for Workers’ Activities to launch activities, outreach programs, and capacity building programs, starting with ILO conventions 87 and 98, for exiled Vietnam trade union confederations and workers’ rights support groups operating outside of Vietnam.  

To foreign companies investing in enterprises in Vietnam:

• Ensure that all workers are fully informed and trained about their rights and how to exercise them, making information about labor rights easily accessible, for example by publicly posting them at the workplace.

To the Association of Southeast Asian Nations (ASEAN):

• Note that Vietnam’s failure to respect labor rights and human rights is in violation of the ASEAN Charter, specifically article 2 (i) regarding respect for fundamental freedoms, the promotion and protection of human rights, and the promotion of social justice, and refer these breaches of the Charter to the ASEAN Summit.

To the Royal Government of Cambodia:

• Conduct a full investigation into the case of Vietnamese labor activist Le Tri Tue, who went missing in May 2007 after seeking political asylum in Cambodia, and act to prevent similar protection issues for asylum seekers and refugees in the future. Make public any information in the government’s possession about the whereabouts of Le Tri Tue.