English - CEDAW Southeast Asia

A Gendered and Rights-Based Review of Vietnamese Legal Documents through the Lens of CEDAW
There are many indicators relating to this article. However for the purpose of this paper,
the selected indicators on rural women are:
Indicator 96
Indicator 97
Indicator 98
Indicator 99
Is there legislation to ensure the enjoyment of rights by ethnic minority
girls in the area of education
Is there legislation to ensure the enjoyment of the right to health care by
ethnic minority women and women in remote and mountainous regions
Is there legislation to ensure the enjoyment of rights of rural women in
the area of land policies
Is there legislation to ensure the equal representation of ethnic minority
women in publicly elected bodies
Indicator 100 Are there legal provisions on rural women’s participation in policymaking
and implementation at the grass-roots level
V.11.3 RELEVANT LEGAL PROVISIONS
Article 94 of the Constitution states: “The National Assembly shall elect a Council of Ethnic
Minorities… [It] studies and makes proposals to the National Assembly on issues concerning
the nationalities; supervises and controls the implementation of policies on nationalities, the
execution of programmes and plans for socio-economic development of the highlands and
regions inhabited by national minorities. Prior to promulgation of decisions related to
nationalities policies, the Government must consult the Council of Ethnic Minorities.”
Female farmers in the remote and mountainous regions, especially single femaleheaded
households and old women, are the most vulnerable group. 653
Indicator 96
Is there legislation to ensure the enjoyment of rights by ethnic
minority girls in the area of education
See Part V.7.3, Indicator 65(d) for details, discussion and recommendation.
Indicator 97
Is there legislation to ensure the enjoyment of the right to health
care by ethnic minority women in the area and women in remote
and mountainous regions
See Part V.9.3, Indicators 85-87 for details, discussion and recommendation.
Indicator 98
Is there legislation to ensure the enjoyment of rights of rural
women in the area of land policies
In accessing land, ethnic minority women often have to overcome the challenge of
ensuring that their name is ultimately listed on the LUC. 654 By the end of 2002, agricultural land
had been allotted to approximately 12 million farmer households and 91.74 percent of the
households were granted agricultural LUCs, taking up 87.02 percent of the agricultural land
area. 655 Only 10-12 percent of these LUCs were registered in women’s names only because
285
653
Combined Fifth and Sixth Periodic Report, p. 44
654
Wells, op. cit., p. 13
655
Combined Fifth and Sixth Periodic Report, p. 46
Rural women (Article 14 of CEDAW)