Hearing on Human Rights Conditions in Vietnam

Congresswoman Lofgren and Members of the Congressional Caucus on Vietnam,

Thank you for organizing this very timely hearing. Recent developments in Vietnam and the upcoming Human Rights Dialogue in Hanoi offer the United States an opportunity to press the government of Vietnam to make concrete improvements.

Just yesterday, May 13 in Vietnam, communist authorities convicted three members and supporters of Viet Tan on charges of “terrorism” in a closed-door trial. The three activists—Dr. Nguyen Quoc Quan, an American citizen, Mr. Somsak Khunmi, and Mr. Nguyen The Vu—were arrested in November 2007 as they were preparing to distribute leaflets promoting democracy through non-violent means. Using vague, sweeping national security laws, the Vietnamese authorities regard political expression as a crime.

Yesterday’s trial was just the façade to rubber stamp a pre-determined verdict. In fact, the Vietnamese Ministry of Public Security already convicted these Viet Tan members and supporters in the state media days after their arrest when a barrage of articles repeated the accusations, and often times fabrications. The police went as far as planting a handgun and some bullets in the checked baggage of an innocent Vietnamese American couple traveling from LAX airport to Tan Son Nhat airport in Saigon. Authorities then concocted the story that this couple was connected to the above-mentioned Viet Tan activists, in order to brand pro-democracy activists as terrorists. Because the setup of this poor innocent couple was not believable by anyone outside of Vietnam, the Vietnamese government soon quietly released the couple and no charges were ever filed.

It is not just the nonviolent message of Viet Tan that the regime considers a threat. On April 29, the Olympic torch came to Saigon. In the weeks before, Vietnamese authorities launched a crackdown against bloggers who called for protests against China’s annexation of the Paracel and Spratly Islands that historically belonged to Vietnam. Unlike other countries that sought to ensure an orderly torch relay while also respecting the right to peaceful protest, the Vietnamese government mobilized its security apparatus to squelch demonstrations—to avoid offending Beijing. Yet a protest did proceed in Hanoi, where democracy activists, students, and families of fishermen killed by Chinese naval vessels unfurled banners protesting the Beijing Olympics. Though the demonstrators were quickly detained and several were beaten by police, it is evident that a growing number of Vietnamese are willing to engage in acts of civil disobedience.

Since 1986, to ensure the regime’s survival in the face of economic failures, the Vietnamese Communist Party opened up trade with the outside world and promoted economic reforms. However, it prohibited any talk of political reforms and remains committed to one-party rule. Nevertheless, democratic forces resisted persecution and continue to thrive culminating in the appearance of many political groups openly challenging the current dictatorship. In addition, as mentioned above, due to rampant corruption and injustice, the populace has joined in through acts of civil disobedience despite the repression.

The government relies on laws and decrees to restrict civil rights and violate human rights, including arbitrarily arresting people who dare to question its authority. For example, Article 88 in the Vietnamese criminal codes dealing with so-called “propaganda against the state” often is used as a catchall tool to lock up citizens who speak out against one-party rule. Even the Constitution is exploited to ensure the Communist Party’s monopoly on power as Article 4 guarantees it to be the “leading” and in practice only legal political organization.

Thus, legal reform in Vietnam is also an arena that requires immediate attention as the basis to ensure human rights and political freedom. However, more importantly, improving the legal codes alone will not help unless the rule of law is respected in Vietnam. That means the court system, the police, and the legislature must all be freed from the Communist Party’s control.

Recommendations for Human Rights Dialogue

Against this backdrop, the US-Vietnam Human Rights Dialogue later this month can be a mechanism to insist on greater political freedom in Vietnam. There are five suggestions I would like to offer Congress and the Administration to urge the Hanoi Government:

1) Repeal catch-all national security statutes
These are the laws that effectively criminalize political dissent. Not only are these provisions nachronistic and inconsistent with a Vietnam that wishes to integrate with the civilized world, they are frankly an obstacle to a much-needed debate on the future of the country.

2) Allow independent media
Because many of Vietnam’s greatest challenges, like building a knowledge-based economy and rooting out corruption, require transparency and free flow of information, an independent media is essential. Two things the regime should be encouraged to do immediately are: stop the jamming of Radio Free Asia broadcasts and respect Internet freedom.

3) Respect public assembly and freedom of association

These fundamental rights are crucial to the development of civil society. Contrary to what the vietnamese government claims, freedom of assembly and association do not lead to social instability. Rather, the repression of these rights furthers social unrest.

4) Release political prisoners
There are dozens of well-known Vietnamese citizens—and countless more who are unknown—who have been jailed for their political views. They are people such as human rights lawyer Nguyen Van Dai, attorney Le Thi Cong Nhan, father Nguyen Van Ly, engineer Nguyen Phong, doctor Le Nguyen Sang, cyber activist Truong Quoc Huy, union organizer Nguyen Tan Hoang, and especially journalist Truong Minh Duc who is suffering excruciating pain from a neglected arm injury. These dissidents have so much to contribute to Vietnam but instead are languishing in prison.

5) Cease secret detentions and harassment of relatives
The Government of Vietnam realizes it has a human rights problem and is sensitive to international pressure. Instead of imprisoning a democracy activist outright, the authorities will often apply economic and psychological intimidation against relatives as a way to silence the activist. Another worrisome practice is detaining activists and then forcing them and their families to sign pledges not to reveal the interrogation/detention to anyone else.

Roadmap for Vietnam

Clearly, a democratic Vietnam where human rights are respected is in the best interests of Vietnamese and Americans. The upcoming Human Rights Dialogue and hearings such as this are needed to keep the human rights issue at the forefront.

Ultimately, interested parties should consider what would be the best path for US-Vietnam relations. I would like to conclude my testimony by offering several principles to guide such a roadmap.

· Use of carrots: It is clear that Hanoi needs Washington more than the other way around. The U.S. should utilize and be ready to withdraw various carrots such as non-humanitarian assistance in order to incentivize concrete progress by the Vietnamese government toward political freedom.

· Benchmarks: Indicators of such progress need to be specific and explicit.

· Consistency: American policy will need to be consistent with regard to human rights promotion. On the issue of religious freedom, the State Department should be prepared to put Vietnam back on the CPC list as recommended by the US Commission on International Religious Freedom.

· Engagement: To promote democracy in Vietnam, the choice for American policy should be to engage with civil society groups, reformist elements and democratic forces.

To promote human rights in Vietnam, there are still many urgent tasks that must be done. Your steady support has been a great help. Thank your holding this hearing and for your leadership on this important issue.

Hearing on Human Rights Conditions in Vietnam and Suggestions for U.S.-Vietnam Human Rights Dialogue

From left to right :
. Dr Binh Nguyen, Co-Chair, Non-Violent Movement for Democracy in Vietnam
. Mr. Do Hoang Diem, Chairman, Viet Tan
. Ms Tammy Tran, President, Vietnamese Alliance to Combat Trafficking (VietACT)