1. Being LGBTI in Viet Nam: Recognition and protection of rights
United Nations Development Programme
Being LGBTI in Viet Nam: Recognition and protection of rights
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2. Main content Development context BLIA & Viet Nam Country Report
2013 Community Dialogue – Key findings
2016 Update “Is it because I am LGBT”
Law and development
Equity and Non-discrimination law
Non-discrimination in the workplace – comparative laws
Inclusion and protection in Viet Nam – ways forward
Discrimination law model
Law reform
Non-legal remedies
Human rights and development – complementary frameworks

3. Being LGBT in Asia Main objectives of “Being LGBT in Asia” (BLIA):
Encourage networking between LBGT people cross the region
Building a knowledge base and developing understanding of the capacity of LGBT organizations to engage in policy dialogue and community mobilization
Promote a regional understanding of the context and outline steps toward LGBT inclusive development work
Highlight the views generated by LGBT participants at the dialogue, connecting stakeholders working to enhance LGBT human rights across Asia

4. Community Dialogue in 2013
A participatory review and analysis of the legal and social environment for LGBT people and civil society in Viet Nam
Took place in HCMC and Hanoi with 70 participants, June 2013
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5. Community Dialogue - discrimination in the workplace
Stigma & discrimination are common at the workplace
A lack of positive role models and images of individuals who are open SOGI at work – a reflection of a hostile and unfriendly environment
A lack of activism to change discriminatory employment practices

6. Community Dialogue - other findings
LGBTI experienced a harsh educational environment (physical violence, sexual harassment and verbal abuse)
Lack of educational materials and resources on LGBT issues, and social and counseling services
A lack of LGBT-friendly health care facilities and services, coupled with discriminatory attitudes and practices
The media hostile toward LGBT people and their issues
Despite the challenges, the LGBTI community has grown stronger over the years

7. 2016 Update - discrimination in the workplace
Study report “Is it because I am LGBT” with 2,363 respondents from 63 provinces
Average 30% was denied of job application for being LGBT (59% trans persons; 19,6% bisexual persons)
Prevalence and severity of employment discrimination to trans persons
Average 40% encountered negative comments and foul acts
Could be subject to discrimination within the community, e.g. at the workplace owned or dominated by LGBT people
“It’s hard to get a job. We have to work as [a] sex worker, [do] makeup or sing in funerals.” (Blueprint for the provision of comprehensive care for trans people and trans communities in Asia and the Pacific, UNDP, 2015)

8. Equality & non-discrimination law – WHY?
A key component of the constitutionalism and the rule of law, guarantee the rights and dignity of individuals
An important contribution towards the integration of minorities to ensure social cohesion
Ensure the stable integration of workers into the workplace and the optimal use of human skills, making a significant contribution towards human and economic development in emerging economies such as Viet Nam

9. Discrimination in the workplace – comparative laws
Law on discrimination in the workplace - substantial impact on people
71 states (+2 Taiwan and Kosovo) offer protection to allow a basic independent income and the ability to flourish in their work
14 states have Constitutional provisions that specify sexual orientation in their discrimination protections
(ILGA Report “State-sponsored homophobia”, 11th ed., 2016)

10. Inclusion and protection in Viet Nam
2013 Constitution, Art. 16
“No one shall be discriminated in his or her political, civic, economic, cultural and social life”
In the 2nd UPR cycle in 2014, formally accepted the recommendation
“to pass a law against discrimination, regardless of sexual orientation or gender identity of a person”
one year left to live up to the commitment
Existing legal regulation of non-discrimination
Fragmented, confusing and ineffective
Limited in scope and purpose
Do not offer sufficient protection for vulnerable individuals and groups

11. Ways forward - discrimination law model
Guiding principles:
Stable legal rules as basis for social cohesion and economic development
Modern rule-based economy that respects the rights of individuals
Incremental or harmonized approaches
Incremental approach allows a cautious pace of reform, however, can be inconsistent scope of protection to all groups, i.e. prohibit discrimination against women in employment but not LGBT may create resentment
E.g. integrate inclusion and protection in amending the Labour Code
Harmonized approach helps
building solidarity amongst protected groups
addressing overlaps where a person has suffers multiple discriminations (i.e. being a women and an EM)
providing opportunity for ‘joint up policy design’ supported by a single equality commission

12. Ways forward - discrimination law reform
Discrimination as a harm to individuals justifies a remedy
Define discrimination – direct and indirect discrimination
Who is protected?
Existing omission is for LGBT –experience de factor prejudice and discrimination--in employment, education and access to health
Scope of protection
Main gap in the general coverage and regulation is in the provision of key private and public goods and services – should be an established area for protection
Non-discrimination in the private goods and services is of particular significance – where prejudice can manifest discriminatory harm for vulnerable individuals (e.g. VietJet case)
Remedies and enforcement
Comparative laws: the use of civil law sanctions (e.g. financial damages) and penalties applied act both as a punishment and a deterrent
Viet Nam system:
supplement individual remedies with collective remedies
supplement individual enforcement structure by creating a special equality commission
A national equality commission
vested with special investigative powers and positive action measures that are needed to combat discrimination effectively
address institutional/structural discrimination and social exclusion; and its interface with civil society

13. Ways forward - non-legal remedies
State organizations:
maximize the use of contract compliance clauses with sub-contractors to promote equality
Set target quotas for the employment of socially excluded groups or period equality reviews
Private sector organizations:
Be encouraged to develop voluntary equality benchmarks and use corporate social responsibility goals to promote equality & non-discrimination
Promote LGBT-friendly culture in the workplace

14. Ways forward - human rights and development
International human rights standards – The Yogyakarta Principles
To protect people from violence and discrimination
To protect freedom of expression, association and assembly and to take part in public affairs
To recognize people’s self-defined gender identity, with no exclusions
(incl. based on marriage or parenthood, forced to undergo medical procedures for legal recognition of their gender identity)
increasing international recognition of the need to respect and protect the HRs of intersex people
(incl. prohibiting medically unnecessary procedures on intersex children)
Achieving the SDGs requires States to take actions to respect, protect and fulfill the human rights of all people, incl. LGBTI.
GOV actions in the national action plans
The role of community, CSOs, the private sector and other actors – essential for LGBTI inclusion
Development of UNDP LGBTI inclusion index to measure aspects of economic, social and political exclusion
Economic well-being, civic and political participation, personal security and violence, and health, +++ education

15. THANK YOU!
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