In November 2006 Vietnam passed the Law on Gender Equality and this year is expected to pass a Law on Domestic Violence. These two laws codify the State’s accountability for gender equality and pave the way for achieving gender equality in public and private life. That being said, using the laws as a transformative vehicle for achieving gender equality will still be mandatory.
The Government’s commitment to gender equality is evident in its policies and at the institutional and structural level. Vietnam is a signatory to human rights conventions which guarantee the equality between men and women (such as the Convention on the Elimination of All forms of Discrimination Against Women (CEDAW), Convention on the Rights of the Child, Covenant on Economic, Social and Cultural Rights, Covenant on Civil and Political Rights, and ILO conventions on equality and non-discrimination). Vietnam has a Plan of Action for the Advancement of Women (POA) (2000-2010) and has mainstreamed gender equality considerations into its Comprehensive Poverty Reduction and Growth Strategy and Socio-Economic Development Plan. Further, State and Communist Party networks such as the Committee for the Advancement of Women (CFAW) which acts as the national machinery for women and the Vietnam Women’s Union (VWU), a mass organisation with representation at national and local levels exist in the administration and the executive. More recently, local non-government organizations and academic institutions have formed a partnership for gender equality known as the Gender and Community Development Network (GENCOMNET). Development agencies and Government also belong to a forum the Gender Action Partnership (GAP) however, since 2004 this group has lost momentum. Together this structure, comprised of agencies, systems and people working on gender equality in Vietnam forms the gender architecture.
A number of key assessments of gender equality in Vietnam plus the concluding comments from the CEDAW Committee (CEDAW concluding comments on the fifth and sixth periodic reports (CEDAW/C/VNM/5-6)) highlight that despite a sound policy and legal framework, institutional capacities in the area of reporting, gender analysis, data collection and monitoring remain weak and unsystematic (see Vietnam Gender Assessment (2006) World Bank, DFID, Asian Development Bank. 2. Review of the Plan of Action for the Advancement of Women (2000-2005) (2006) NCFAW and Ministry for Planning and Investment. 3. Vietnam Situation Analysis (2005) Asian Development Bank. 4. Preparing for the Future: forward looking strategies to promote gender equity in Vietnam (2005) UNDP and World Bank).
Where institutional weakness is particularly evident is in the area of data. Some baseline data is available but it requires strengthening. Other data is not available, for example statistics are missing on the prevalence of domestic violence, budget allocations for gender equality issues, women’s participation in leadership and decision making, sex selective abortions and women’s work in the care economy.
Before the Law on Gender Equality was passed, no national agency was accountable for gender equality results. NCFAW was tasked with implementing the POA, however, with an annual State budget allocation of US$63, 000 and few staff they only achieved 40% of targets in the plan. With such limited resources, NCFAW has not been able to institutionalise reporting, analysis and monitoring systems within the government. NCFAW’s low status as a Committee also makes it difficult to coordinate effectively across line ministries, even with those ministries tasked with implementing the POA. Further, there is also a lack of cohesion between donors and Government leading to missed opportunities and synergies.
The Law on Gender Equality codifies the State’s accountability on gender equality and calls for the establishment of a new State Management Agency for Gender Equality (SMA) in July 2007. This agency will have the authority NCFAW does not. Ongoing public administration reforms are expected to spur further revisions to the gender architecture. The Vietnam Committee for Population, Family and Children (VCPFC), the National Committee for the Advancement of Women (NCFAW) and the Ministry of Labour, Invalids and Social Affairs (MOLISA) will merge and form a new ministry, which will house the SMA. This change along with the establishment of the SMA, provide an opportunity for the Government to more effectively mainstream gender at the executive level and to uphold gender equality, and an opportunity for donors to forge partnerships around efforts to promote gender equality in Vietnam.
The JP will target the SMA and other duty bearers newly tasked with the responsibility to implement and monitor the laws. Secondary beneficiaries will therefore include key government ministries, specifically, the Government Statistics Office, Ministry of Health, Ministry of Education and training, Ministry of Public Security, Ministry of Finance, Ministry of Science and Technology and the Ministry of Labor, Invalids and Social Affairs. The Communist Party and elected bodies, the VWU and GENCOMNET will also be involved.
Vietnam’s status as a pilot country for UN reform has seen Government and donors request the UN to take a leadership role in addressing systemic problems related to gender equality in Vietnam. It is recognised that when the UNCT works together it adds value by working across sectors but also as an established impartial partner of Government. A UN–NCFAW multi-stakeholder workshop held in February 2007, with over 100 participants, highlighted the need to support the SMA to implement and monitor the new laws on gender equality and domestic violence. Subsequent consultations with Government, GENCOMNET and donors highlighted the following priority areas: 1) capacity building for duty bearers, 2) improving coordination and partnerships within and between government, development agencies, NGOs and mass organizations and 3) strengthening research, data and information on gender equality for monitoring.
This JP fosters the rights-based UNDAF 2006-2010 and builds on the UN’s comparative strengths as an honest broker with the requisite technical expertise, global experiences, good practices, and a legitimate mandate rooted in Vietnam’s international commitments. Through the provision of comprehensive technical assistance on the implementation of two key pieces of legislation the JP supports the implementation of UNDAF Outcome 3 – “Laws, policies and governance structures are in place that support and promote a rights-based development process in line with the principles of the Millennium Declaration including the MDGs”. The JP will complement ongoing gender equality initiatives in Vietnam by UN agencies with the same national partners by providing a framework upon which to work. The results of the JP will directly contribute to the achievement of MDG3, gender equality and women’s empowerment in Vietnam across sectors such as health, education and economics by bringing about much needed systemic and institutional changes, which were identified by the Government for Vietnam report on the MDGs (see Vietnam Achieving the Millennium Development Goals (2005) Government of Vietnam).