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Joseph, Samantha --- "Ethnic Minorities in Vietnam" [2007] IndigLawB 63; (2007) 7(1) Indigenous Law Bulletin 23

Ethnic Minorities in Vietnam

by Samantha Joseph

There exist various international instruments relating to human rights. The Universal Declaration of Human Rights declares all people are born free and equal in dignity and rights.[1] Similarly, the Convention on the Rights of the Child declares that member states are to respect and ensure the rights of each child are not subject to

discrimination of any kind, irrespective of the child’s or his or her parent’s or legal guardian’s race, colour, sex, language, religion, political or other opinion, national, ethnic or social origin, property, disability, birth or other status.[2]

Furthermore, the United Nations Declaration on the Rights of Indigenous Peoples declares that Indigenous people have the right to full enjoyment of freedoms experienced by all people.[3]

Numerous countries have ratified these conventions yet failed to uphold their legal obligations. For example, many children throughout the world are not offered protection by their domestic government despite being subject to atrocious human rights abuses such as child prostitution, physical labour and a denial of basic necessities like eduction, good health and wellbeing. Domestically, despite Australia’s status as a developed nation we have also been condemned by the United Nations for human rights abuses.[4] Australia shares this condemnation with Vietnam, a country regularly criticised for its atrocious human rights abuses.

This paper will focus on the experience of SiSi, a 17-year-old woman living in Vietnam and of Black H’mong descent. It is a personal account based on my observations and discussions with SiSi during a visit to Sapa in June of this year with two other Indigenous women, Julie Welsh and Worrelle Blow. This paper is not intended to be a politico-legal exposé of Vietnam.

Black H’mong people are classified ethnic minorities. H’mong people descend from China and there are now around five million living throughout the world, including in Vietnam, China, Laos, Thailand, the United States of America, France and Australia. Vietnam accounts for over 780,000 of the world’s H’mong people. Religiously, H’mongs are predominantly Buddhist and Christian. The French originally named the H’mong people Montagnards (mountain people) as they lived in the highland areas in Southeast Asia and China.[5]

The Communist Party of Vietnam (‘CPV’) governs Vietnam and is commonly criticised for its extreme regime. A 2005 report prepared by the Forum Asian Democracy for the Hearing on Cambodia, Laos and Vietnam European Parliament Subcommittee on Human Rights outlined the extent of human rights abuses occurring in Vietnam.[6] The report states that, amongst other things, HIV and child prostitution are both rampant; women are often the subject of discrimination and social injustice (despite the prohibition against gender inequality); and ethnic Christians (like the H’mongs) are subject to abuse by security forces because the Christian faith is allegedly inconsistent with Vietnamese spiritual traditions. This report is one of many highlighting the human rights atrocities occurring in Vietnam at the hands of the CPV.

In comparison, the Burmese Government does not recognise Indigenous peoples as citizens. When a person of non-Burmese descent is born in Burma, they are classified as ‘aliens’ and therefore have no rights. The junta government was elected into power in 1965 and since then violated and abused many.[7] The younger generation are only now obtaining an education and challenging the government’s regime. Recent demonstrations have brought international attention and action but sadly this arose following the inhumane killings of many, including Buddhist monks.[8]

SiSi has lived in Sapa for approximately four years. Sapa is located in North Vietnam and was originally built by the French in the early 1900s. Sapa is a popular tourist destination as it offers treks through the mountain region and local Indigenous villages. Sapa is home to Vietnamese people, including Black H’mongs. It is a fairly small region which offers financial incentives to the locals, including the Black H’mong women who congregate in the city centre eagerly and patiently awaiting the hordes of tourists so they may sell them their handicrafts including pillow cases, clothing, purses and blankets to support their family. The women vary in age. It is common to spot young children with their older sister/s, mum or another relative. Some young children also venture into Sapa by themselves. It is difficult to not express your fear and concern for the safety of these children. The risk appears a distant thought to these children however who are preoccupied with selling their handicrafts to tourists and befriending them.

SiSi’s young cousin is approximately 11-years-old and living in Sapa with a friend who is roughly the same age. The two young girls rent a room together and are responsible for raising the money to do this. Their parents remain in their village attending to the farm and other domestic duties. The young girls live in Sapa for the sole purpose of making money to support their families. The concern and fear is certainly not without merit given the countless reports of child prostitution, slavery and abductions. The perpetrators of these crimes are not just locals, but foreigners who are aware of the vulnerability of these children. World Vision states that human trafficking is common in Vietnam and linked to sexual exploitation and forced labour.[9] World Vision’s report adds that men, women and children moving from rural to urban areas are vulnerable to traffickers. Moreover, since 2000 there has been an alarming increase in the number of HIV cases. Sadly, between the ages of 15 and 49, one Vietnamese person in every 200 is living with HIV/AIDS.[10] This report verifies the serious risk these children face daily.

SiSi’s neighbouring villages are home to many Black H’mong people who live a traditional lifestyle. The women are easily identifiable in their traditional clothing, which consists of near-black indigo clothing, with black headdresses and velvet legwarmers worn throughout the year. SiSi says that it is not compulsory to wear traditional clothing but she does so by choice. The village women make their own clothing, including dying their clothing in indigo (extracted from the indigo plant). The houses look like huts made from wood but are very basic; they do not provide the luxuries such as we have or might want in our homes. There are no separate bathrooms or bedrooms. There is no kitchen to store the food, let alone a refrigerator. People are fiercely self-sufficient as there is no social welfare or other services to assist them.

In the villages it is common to spot water buffaloes wallowing in mud ponds; village men knee-high in mud, preparing the fields; and village people perched high on mountaintops attending to rice paddies. Children are not excluded from this form of work. In the western world, children and young people are encouraged to obtain a school education as it will offer financial, employment and other opportunities. However this western notion can not necessarily apply to nations where survival is a daily theme and the lifestyle is steeped in traditional ways, which are mostly agricultural. Unlike Australia where agriculture is a trade, it is a means of survival for SiSi and her people. SiSi is not only responsible for her own financial existence; she also supports her family who continue to live in Su Pan. Nine people live in her family’s house.

SiSi moved to Sapa with her grandmother when she was 13-years-old. Her grandmother has since returned to her village and SiSi is responsible for paying US$20 per month in rent. It is time-consuming to travel daily from her village to Sapa (as there are mountains to be crossed and river banks to walk along) so she has remained in Sapa. Staying offers her opportunities her village cannot provide. SiSi has gained employment as a tour guide – her salary is meagre but she nevertheless enjoys her job and the opportunities it offers including meeting tourists and learning their languages. She is now multilingual; speaking a number of languages in addition to her people’s language and Vietnamese. Employment also offers her immediate access to money whereas an education would not. The village is basic – there are no banks or restaurants; rather a communal school, farms and houses. The schools in the local villages are under-resourced. SiSi’s 5-year-old sister briefly moved to Sapa but has since returned as SiSi believes that it is in her best interests to obtain an education. Nevertheless, many children do not attend the poorly equipped schools as their parents require help attending to the farm. School is not a viable option for SiSi as her family is poor and dependent on her income. SiSi returns to her village at times to help attend to the farm.

From an outsider’s perspective it is difficult to gauge the level of support, assistance and protection offered by the CPV for Vietnamese ethnic minorities. There is not enough publicly available information to ascertain whether the CPV recognises ethnic minorities. SiSi claims the CPV does not assist Black H’mong people. Moreover, she says that if Black H’mong people do not have basic necessities like food, the CPV will not assist.

It is important to recognise that since the Vietnam War, Vietnam remains a one-party state.[11] The CPV possess such an incredible amount of power and control that it is difficult for advocacy and similar groups to operate. The United States-based H’mong International Human Rights Watch body (‘HIHRW’) aims to ‘protect, defend, and stand up for all H’mong who suffer from human rights violations.[12] Amongst other things, the HIHRW advocates for governments, the international community and human rights organisations to investigate allegations of human rights abuse.

The report of the Forum Asian Democracy for the Hearing on Cambodia, Laos and Vietnam, states that the CPV strongly regulate material posted on the internet to such an extent that they are attempting to restrict communications with overseas organisations.[13] Based on the internet searches conducted, most of these organisations are based in the United States.

Ironically, SiSi possesses an incredibly strong connection to her people and culture (for example, wearing traditional clothing daily) yet is immersed in the technological era. SiSi’s understanding of English has been enhanced by the internet and by ‘chatting’ online. She also owns a mobile phone – a common trademark for a business person. This combines to form an interesting juxtaposition that represents the association between the old and the new and the ability for both to remain active.

SiSi personifies hope and prosperity for a group of peoples that are ignored by their government. Her story might not be unique, nevertheless she is a young woman who has achieved a lot and overcome incredible barriers. Her optimistic attitude is a timely reminder to us all that we are capable of achievements and, through our actions, we are able to educate others.

Samantha Joseph is the A/Senior Policy Officer with the NSW Aboriginal Justice Advisory Council.


[1] The Universal Declaration of Human Rights (adopted by the United Nations General Assembly 10 December 1948), art 1.

[2] Convention on the Rights of the Child (opened for signature 20 November 1989) art 2.1 (entered into force 2 September 1990) (‘CROC’).

[3] United Nations Declaration on the Rights of Indigenous Peoples (adopted by the United Nations General Assembly 13 September 2007) art 1.

[4] The NSW Council Civil for Civil Liberties provides a summary of human rights abuses. See <http://www.nswccl.org.au/issues/hr_violations.php> . This summary includes Brough v Australia (2006) UN Doc CCPR/C/86/D/1184/2003, where it was found that the Australian Government violated the human rights of Corey Brough, a 17-year-old intellectually disabled Aboriginal male. A number of international instruments were violated including article 24 (1) of CROC which requires children be protected by society and the State without discrimination.

[5] This paper will use the term ‘Black H’mong’.

[6] Forum Asian Democracy for the Hearing on Cambodia, Laos and Vietnam, 30th Anniversary of the End of the Vietnam War: Human Rights in Cambodia, Laos and Vietnam, European Parliament Subcommittee on Human Rights, Brussels, 12 September 2005, 19-35.

[7] Karin Oman, ‘No Peace for Indigenous Peoples in Burma’ (2004) Cultural Survival, <http://www.unpo.org/article.php?id=1135> at 27 November 2007.

[8] Amnesty International, ‘Myanmar Briefing Paper: No Return to Normal’ (November 2007), <http://web.amnesty.org/library/Index/ENGASA160372007> at 27 November 2007.

[9] World Vision Vietnam, Annual Report 2006, (2006) 14.

[10] Ibid, 13.

[11] Forum Asian Democracy for the Hearing on Cambodia, Laos and Vietnam, above n 6, 19.

[12] See <http://www.hmongihrw.org/index.php?option=com_frontpage & Itemid=1> .

[13] Forum Asian Democracy for the Hearing on Cambodia, Laos and Vietnam, above n 6, 27.