Viet Nam’s Universal Periodic Review under the Second Cycle 4. In its State Report before its previous UPR in 2014, Viet Nam outlined that it was considering accession to “UN Convention on Statelessness”.4 5. Ethiopia and Mexico noted Viet Nam’s birth registration campaign and Ethiopia specifically referenced Viet Nam’s progress in reducing statelessness.5 6. Viet Nam received no recommendations regarding the need to address statelessness and uphold the right to a nationality in Viet Nam.6 Viet Nam’s International Obligations 7. Viet Nam as a member States of the United Nations is obliged by the UN Charter to promote “universal respect for, and observance of, human rights and fundamental freedoms for all without distinction as to race, sex, language, or religion”.7 These human rights and fundamental freedoms are specified in the Universal Declaration of Human Rights (UDHR), many of which are also recognised as principles of customary international law.8 8. Viet Nam has also acceded to most of the core human rights instruments.9 Of the treaties ratified, many guarantee the universal right to a nationality without discrimination. This includes the International Covenant on Civil and Political Rights (“ICCPR”) (Article 24), the Convention on the Rights of the Child (“CRC”) (Articles 7 and 8), the Convention on the Elimination of All Forms of Discrimination against Women (“CEDAW”) (Article 9), and the International Convention on the Elimination of All Forms of Racial Discrimination (“CERD”) (Article 5). Of particular significance is Article 7 of the CRC, which enshrines every child’s right to be registered immediately after a birth and to acquire a nationality and protects all children from statelessness. Similarly, in relation to the right to a nationality, CERD provides that ‘’States Parties undertake to prohibit and to eliminate racial discrimination in all its forms and to guarantee the right of everyone, without distinction as to race, colour, or national or ethnic origin, to equality before the law’’. 4 National Report Submitted in Accordance with Paragraph 5 of the Annex to Human Rights Council Resolution 16/21: Viet Nam, UN GAOR, 18th sess, UN Doc A/HRC/WG.6/18/VNM/1 (8 November 2013) para 19. 5 Report of the Working Group on the Universal Periodic Review: Viet Nam, UN GAOR, 26th sess, Agenda Item 6, UN Doc A/HRC/26/6 (2 April 2014) paras 97 and 143.214. 6 Ibid. 7 Charter of the United Nations, art 55(c). According to Article 56 of the Charter, it is the obligation of all member states of the UN to take “joint and separate action in cooperation with the Organization for the achievement of the purposes set forth in Article 55”. 8 ‘Draft Articles on Diplomatic Protection with commentaries’ (2006) II(2) Yearbook of the International Law Commission 49. 9 OHCHR, The Core International Human Rights Instruments and their monitoring bodies <https://www.ohchr.org/EN/ProfessionalInterest/Pages/CoreInstruments.aspx>. 3

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