• Ms. Le Thi Thu Hang, Assistant Minister, Ministry of Foreign Affairs

• Ms. Jessica Stern, Special Envoy on LGBTI+ Rights of the United States

• Ms. Grete Løchen, Ambassador of the Norwegian Embassy to Viet Nam

• Excellencies (Ambs of Sweden, Argentina, Cuba, Mongolia, South Africa)

• Colleagues from ministries, national and development partners, and leaders and representatives of local LGBTI organisations, and Colleagues from the UN

Good morning, Xin Chao!

On behalf of the United Nations in Viet Nam, it is my great pleasure to welcome you all to this workshop on the important topic of Protection against Violence and Discrimination based on Sexual Orientation and Gender Identity. This conference is particularly timely in light of the International Day Against Homophobia, Bi-phobia, Inter-phobia and Trans-phobia (IDAHOBIT) we commemorated last week (17 May), as well as given the ongoing development of legal frameworks on this issue throughout the world, including in Viet Nam. I would like to commend the Ministry of Foreign Affairs on their efforts to bring stakeholders together for this important policy dialogue today. 

At the outset, I would like to extend our congratulations to LGBTI organizations for their committed advocacy over the past decade which has contributed to important gains in terms of visibility and policy change to ensure LGBTI rights in Viet Nam. At the same time, I would like to commend the government of Viet Nam for important progress made in the legal development in domestic laws for LGBTI persons.

For example, in 2014, the Marriage and Family Law has achieved an important stepping-stone by removing provisions outlawing same-sex marriage. In 2015, the National Assembly amended the Civil Code to open the door to the option of legal gender marker change for transgender persons. The draft Gender Affirmation Law – the first ever law on transgender persons in Viet Nam is being developed by the Ministry of Health and will be submitted to the National Assembly for approval hopefully later this year. In 2016, the Viet Nam Government - during its term as member of the United Nations Human Rights Council (2014-2016) - also voted in favour of a resolution on the protection against violence and discrimination on the basis of sexual orientation and gender identity^[1]. These achievements could not have been possible without the consistent advocacy efforts and tireless work of local LGBTI organizations, combined with the political will of Government institutions.

However, while such changes brought new hope for the respect for, and protection of, the rights of LGBTI persons and communities in Viet Nam, significant challenges persist. The legal changes did not go so far as to allow for legal recognition of same-sex relationships, which leaves the rights of LGBTI couples behind in terms of child adoption, rightful inheritance, and other legal entitlements. Transgender persons still face many obstacles because their identity documents do not match their lived gender identity. This affects their access to healthcare, housing, employment, among other rights and services. The LGBTI community continues to face discrimination and violence on the basis of their sexual orientation, gender identity & expression, and sex characteristics at home, at schools, at workplaces and in other social settings.

Distinguished guests,

As the UN Secretary General Antonio Gutteres stated: The United Nations is proud to support and uphold the fundamental human rights and dignity of all people - including LGBTQ+ people:

The United Nations in Viet Nam has always been a strong supporter of the human rights of LGBTI persons. Such rights and freedoms are well-enshrined in international conventions that Viet Nam ratified, including the Universal Declaration on Human Rights, the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights. Every individual has the right to love, to marry, to self-determine their identity, and to be protected against discrimination and violence.

Allow me to share a quote from UN Secretary General Antonio Guterres:

‘LGBTIQ+ people have the same fundamental human rights as everyone else. The solutions are clear. We need to combat violence against LGBTIQ+ people; outlaw harmful practices; provide justice and support to victims, and end persecution, discrimination, and criminalization. We must tackle the root causes of the marginalization of LGBTIQ+ people as an essential element of the 2030 Agenda and its promise to leave no one behind.’

Inclusive, sustainable development is best served when policy dialogue at all levels practices   the core principle of “nothing about us without us”, which is particularly crucial for policies focused on minority groups in society. Meaningful participation of the LGBTI community is vital for effective and inclusive policymaking. In light of the topic of today’s conference, we hope to hear the voices of those most affected by the legal frameworks under discussion today, as they are the only persons who can speak on their lived experiences. The development or reform of any laws and policies concerning the human rights of LGBTI persons cannot be genuine and complete without meaningful engagement and consultation with the persons and communities they will affect.

As part of the Third cycle of the Universal Periodic Review, Viet Nam received various encouraging recommendations regarding the rights of LGBTI persons and organizations, and their protection against discrimination and violence. Notably, Viet Nam supported the recommendation by Chile to develop legislation to combat discrimination based on sexual orientation and gender identity, as well as the recommendation by Malta to take further steps to protect LGBTI persons against violence and discrimination.

Considering these commitments, I hope that today’s workshop will serve as a valuable opportunity for an open dialogue on the good international practices as well as the domestic (legal) gaps to be addressed. The United Nations in Viet Nam commends MOFA and other Ministries we will hear from today for taking these recommendations to heart with this workshop as one of the first steps for their implementation. As such, we recommend that the reporting on UPR implementation in the current cycle features the good progress as well as areas for improvement on the protection of the human rights of LGBTI persons and organizations.^[2] In the UPR reporting on the implementation of supported recommendations by Viet Nam, it is important to include the vulnerabilities of the LGBTI community. 

The LGBTI Inclusion Index that my UNDP colleague, Dr. Mandeep Dhaliwal, Director of UNDP HIV and Health Group, will present in greater detail later this morning, is one of the important initiatives that I would like to highlight. The Index has the potential to serve as a practical tool for effective UPR implementation and reporting on the protection and promotion of the rights of LGBTI persons. It will also improve comprehensive data collection and evidence gathering on the situations of LGBTI persons and communities. It will look at the extent to which LGBTI persons are included, what opportunities they can access, the life they are able to lead and the challenges they face. This is an important enabler for programme design and policy making to ensure the full enjoyment of their human rights.

In closing, allow me to extend our gratitude to the Embassy of Norway, and in particular Ambassador Grete Løchen, for their consistent commitment and support to the promotion human rights for all in Viet Nam and LGBTI inclusion in particular. I also wish to extend our deep appreciation to our valued partner - the Ministry of Foreign Affairs – for taking this important step forward to advance the rights of LGBTI persons in Viet Nam. Last but not least, our great thanks to all our speakers for their important contributions to today’s sessions. In this way, together, we aim to realize one of the core principles of the 2030 Sustainable Development Agenda: Leave No One Behind. 

As always, the United Nations in Viet Nam stands ready to support the Vietnamese government and people with the implementation of the recommendations to the third cycle Universal Periodic Review, and preparation for the next UPR cycles, including efforts to strengthen the protection and promotion of the rights of LGBTI persons in both law and practice. The entire UN family, together with our many partners, are committed to supporting communities across the world to ensure that inclusion, non-discrimination, and equal opportunities are a reality for all. Our collective commitment to the Sustainable Development Goals and our efforts to leave no one behind cannot be met until LGBTI people are treated as equals under the law, and in their everyday lives.

Xin cam on!