Women's Rights, Civil Society Bolstered by Passage of New

UNCLAS SECTION 01 OF 02 HANOI 000006 SIPDIS SENSITIVE SIPDIS STATE FOR EAP/MLS, DRL/AWH, G/IWI, AND S/WE E.O. 12958: N/A TAGS: PGOV PHUM HUMANR KWMN SOCI VM SUBJECT: Women's Rights, Civil Society Bolstered by Passage of New Gender Equality Law REF: A) 06 Hanoi 3012; B) 06 Hanoi 677 HANOI 00000006 001.2 OF 002 Summary -------------- ¶1. (SBU) The causes of women's rights and civil society took a step forward recently when the National Assembly passed Vietnam's first-ever Law on Gender Equality. The law is an acknowledgement by Vietnam's leadership that sex discrimination is a serious problem and aims to redress wage and other gaps. Significantly, although the GVN typically has the lead in drafting legislation -- often with little or no input from even the National Assembly -- in this law's case and for the first time, the Vietnam Women's Union played a prominent role in the lawmaking process. Although the Party-affiliated Women's Union is far from being independent or an outsider, it is nonetheless part of Vietnam's growing (but still very young) civil society. It is encouraging that the GVN was willing to cede some lawmaking responsibility to the organization, an acknowledgement by the Government that the skills and expertise it lacks can be drawn from elsewhere and that civil society groups can have a hand in the creation of legislation. End Summary. Law Seeks to Eliminate Gender Differences -------------- ¶2. (SBU) After lengthy debate, in November 2006 the National Assembly (NA) passed the Law on Gender Equality (Ref A). The new law seeks to rationalize existing gender-related statutes and square them with Vietnam's "current societal and labor realities," according to a briefing given by the Office of the National Assembly (ONA). The law also calls for the establishment of a government agency to implement the law and promote public education about gender equality. According to an ONA official, "the reality in Vietnam is that there has been salary discrimination and a low level of participation by women in politics." Vietnam Women's Union for First Time Plays Prominent Role -------------- -------------- ¶3. (SBU) Significantly, the Vietnam Women's Union (VWU) played a leading role in drafting the new law, marking the first time that the GVN has entrusted this mass organization with the creation of legislation. (Note: The VWU, like other mass organizations such as the Youth Union, is affiliated with the Party and acts as a bridge between it and major societal groups. End Note.) In a conversation with Poloff, VWU leaders explained that their lawmaking efforts centered on getting the following contents into the new legislation: -- A reiteration of the constitutional principle of gender equality in all fields; -- The promotion of greater understanding and acceptance of women in the workplace; -- A provision for equality in job recruitment and codification of equal pay for equal work; -- The prohibition of age discrimination between men and women for promotions and the elimination of certain age ceilings; -- And, the provision (for the first time) of paid paternity leave. ¶4. (SBU) Over the course of the next few months, the VWU will continue to play a leading role by assisting the GVN in developing the law's implementing decrees. The VWU plans to push for "detailed and strict implementation guidelines," the VWU officials told Poloff. Currently, the aim is to have the implementing decrees go into effect in time for the National Women's Congress on July 1. In a separate conversation with Poloff, Ministry of Labor, Invalids and Social Affairs officials said that one of the ministry's goals for the implementing decrees will be the elimination of gender-based wage discrimination. ¶5. (SBU) When the implementing decrees go into effect, the VWU will plan and implement training and communications strategies for provincial and local authorities. Some of the staff on the VWU's drafting committee confided in us that they think it will realistically take Vietnam "at least 15 years" to truly attain gender equality. Nevertheless, the passage of this law is a critical first step, they concluded. UN Says New Law Out of Line with CEDAW -------------- ¶6. (SBU) The law is not without controversy, however. UN representatives resident in Hanoi have said publicly that there are parts of the new law that are not compatible with the UN Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW),a reference to the law's codification of a lower retirement age for women than men (Ref A). National Assembly officials HANOI 00000006 002.2 OF 002 responded that the law's intent in preserving different retirement ages is to "protect the role of women in the family." However, Office of the National Assembly Vice Chairman Nguyen Sy Dzung conceded that adjustments in the implementing decrees and eventually the law itself "may be possible." Comment -------------- ¶7. (SBU) Government officials typically have the lead in drafting legislation -- often with little or no input from even the National Assembly -- so the VWU's prominent role in this instance is noteworthy (Ref B). Although the Party-affiliated Women's Union is far from being independent or an outsider, it is nonetheless part of Vietnam's growing (but still very young) civil society. It is encouraging that the GVN was willing to cede some lawmaking responsibility to the organization, an acknowledgement by the Government that the skills and expertise it lacks can be drawn from elsewhere and that civil society groups can have a hand in the creation of legislation. End Comment. ALOISI