Point of View

Week Ending 23 April 2006

What is Socialist Rule of Law?

One more ephemeral day remains before the end of the so-called historic 10^th Congress of the Communist Party of Vietnam (CPV). Yet somehow I do not feel the excitement of a modern citizen, when the future of his nation is clearly at stake. Indeed, at this very congress of a single political party, not only the real ruler of the nation (in the person of a General Secretary of the party), but a president of the National Congress (to be distinguished from the Party Congress), a state chairman (equivalent of the head of state) and a prime minister (head of government) will be elected, not by citizens of the nation in an open and democratic vote, but by delegates and central committee members of the CPV.

Should I wait one more day for the outcome of the Congress when the identities of the new General Secretary, other members of the Polit-bureau and Central Committee of the CPV will be known, before writing this weekly point of view?

I deliberately refuse to wait because in the final analysis, this Congress appears to make no difference as long as article 4 of the current constitution guaranteeing permanent power to the CPV continues to exist.

I deliberately made the above decision despite my elation at the latest news that Messrs. Pham van Tra, Truong Quang Duoc, Tran Dinh Hoan, Phan Dien, Vu Khoan, Nguyen Khoa Diem, Tran Duc Luong (all arch-conservative Polit-bureau and Central Secretariat members), Phan Van Khai and Nguyen Van An withdrew their nominations to the Central Committee despite the fact that they had been nominated for a new term. As far as I am concerned: good riddance on behalf of the long suffering of the poor Vietnamese people!

If my reading of the mood of the Congress is right, there is no urge whatsoever to break with tradition and institute real political reforms in Vietnam. However, delegates seem to pin their hope on rescuing the regime somehow by strengthening what they euphemistically call “socialist rule of law”. There have been fairly widespread talks about efforts to consolidate the supremacy of the constitution and the creation of a constitutional court (or some similar structure) to “protect the constitution”.

In Western legal-political circles, academics distinguish clearly between the rule of law and the rule of the jungle. In the history of modern mankind there is no such thing called”socialist rule of law”. So what kind of beast is it?

The very creative commies in Vietnam of course defined it as: “rule of law with socialist orientation by enshrining article 4 into the constitution to put the CPV above the law and above the constitution itself”.

Thus not all legal entities shall be equal before the law under the constitution anyway. This forced marriage between the western concept of the rule of law and article 4 of the constitution gives birth to a mutant monster called “socialist rule of law” to prolong the reign of the CPV and with it the suffering of the Vietnamese People. This “socialist rule of law” looks pretty much like the rule of the jungle to me!

What is the point in creating a constitutional court when the entire institution of the state, all elements within civil society, the police, the army, the judges are under the thumb of the CPV?

How come the entire 80 million Vietnamese are considered too stupid to be able to elect their own head of state (state chairman), head of government (prime minister), national congress? Do they need to be grateful to the CPV for doing all this hard work on their behalf?

Although it has never been openly proclaimed, the feeling among many members of the CPV is that because the CPV made so much sacrifice during the anti-French war of independence (which ended in 1954) and the so-called anti-imperialist American war (which ended in 1975) to “save” the people, that the people must now reward them with permanent political power (and all the accompanying material benefits and trappings) under the form of article 4 of the constitution? No less than Pham The Duyet, chairman of the Patriotic Front (Du Lam, Doi-Thoai 21 April 2006), number 5 in the ruling hierarchy, said words to the effect that since no other political party shared in the struggle against the French, nor should they share in the burden of political power now.

And on this glaring remark by Mr. Pham The Duyet, I rest my case.

Đằng Vân

24 April 2006