The conditions for effectiveness of EU human rights promotion in non-democratic states. A case study of Vietnam

Abstract

By tracing the reform process of the penal code in Vietnam, this paper tests the impact of the European human rights policy on a non-democratic state. Despite the lack of government recognition of an independent civil society in Vietnam, the EU has affected domestic debate on death penalty and indirectly steered a reform process that has led to the reduction of the number of capital crimes. This case study identifies the conditions that facilitate the effectiveness of the EU as a promoter of human rights in non-democratic states. On the target side, political elites responsive to public criticism, and, at the same time, interested in enhancing the country’s international status are more likely to endorse EU sponsored norms. On the EU side, the use of conditionality measures in support of softer measures proves instrumental to make European human rights policies visible for the public and able to shape government’s policy.

Keywords:

• Human rights promotion
• normative power Europe
• authoritarianism
• death penalty
• Vietnam

Notes

1. Under the Nice Treaty (2001) the Council had the power to adopt regulations, namely binding legislative acts with an effect on the member states and also on states outside the EU.

2. Resolutions are non-binding acts used by the European Parliament as instruments of indirect influence on the Council and the Commission.