President George W. Bush's Inaugural Address

January 20, 2005

Vice President Cheney, Mr. Chief Justice, President Carter, President Bush, President Clinton, reverend clergy, distinguished guests, fellow citizens:

On this day, prescribed by law and marked by ceremony, we celebrate the durable wisdom of our Constitution, and recall the deep commitments that unite our country. I am grateful for the honor of this hour, mindful of the consequential times in which we live, and determined to fulfill the oath that I have sworn and you have witnessed.

At this second gathering, our duties are defined not by the words I use, but by the history we have seen together. For a half century, America defended our own freedom by standing watch on distant borders. After the shipwreck of communism came years of relative quiet, years of repose, years of sabbatical - and then there came a day of fire.

We have seen our vulnerability - and we have seen its deepest source. For as long as whole regions of the world simmer in resentment and tyranny - prone to ideologies that feed hatred and excuse murder - violence will gather, and multiply in destructive power, and cross the most defended borders, and raise a mortal threat. There is only one force of history that can break the reign of hatred and resentment, and expose the pretensions of tyrants, and reward the hopes of the decent and tolerant, and that is the force of human freedom.

We are led, by events and common sense, to one conclusion: The survival of liberty in our land increasingly depends on the success of liberty in other lands. The best hope for peace in our world is the expansion of freedom in all the world.

America's vital interests and our deepest beliefs are now one. From the day of our Founding, we have proclaimed that every man and woman on this earth has rights, and dignity, and matchless value, because they bear the image of the Maker of Heaven and earth. Across the generations we have proclaimed the imperative of self-government, because no one is fit to be a master, and no one deserves to be a slave. Advancing these ideals is the mission that created our Nation. It is the honorable achievement of our fathers. Now it is the urgent requirement of our nation's security, and the calling of our time.

So it is the policy of the United States to seek and support the growth of democratic movements and institutions in every nation and culture, with the ultimate goal of ending tyranny in our world.

This is not primarily the task of arms, though we will defend ourselves and our friends by force of arms when necessary. Freedom, by its nature, must be chosen, and defended by citizens, and sustained by the rule of law and the protection of minorities. And when the soul of a nation finally speaks, the institutions that arise may reflect customs and traditions very different from our own. America will not impose our own style of government on the unwilling. Our goal instead is to help others find their own voice, attain their own freedom, and make their own way.

The great objective of ending tyranny is the concentrated work of generations. The difficulty of the task is no excuse for avoiding it. America's influence is not unlimited, but fortunately for the oppressed, America's influence is considerable, and we will use it confidently in freedom's cause.

My most solemn duty is to protect this nation and its people against further attacks and emerging threats. Some have unwisely chosen to test America's resolve, and have found it firm.

We will persistently clarify the choice before every ruler and every nation: The moral choice between oppression, which is always wrong, and freedom, which is eternally right. America will not pretend that jailed dissidents prefer their chains, or that women welcome humiliation and servitude, or that any human being aspires to live at the mercy of bullies.

We will encourage reform in other governments by making clear that success in our relations will require the decent treatment of their own people. America's belief in human dignity will guide our policies, yet rights must be more than the grudging concessions of dictators; they are secured by free dissent and the participation of the governed. In the long run, there is no justice without freedom, and there can be no human rights without human liberty.

Some, I know, have questioned the global appeal of liberty - though this time in history, four decades defined by the swiftest advance of freedom ever seen, is an odd time for doubt. Americans, of all people, should never be surprised by the power of our ideals. Eventually, the call of freedom comes to every mind and every soul. We do not accept the existence of permanent tyranny because we do not accept the possibility of permanent slavery. Liberty will come to those who love it.

Today, America speaks anew to the peoples of the world:

All who live in tyranny and hopelessness can know: the United States will not ignore your oppression, or excuse your oppressors. When you stand for your liberty, we will stand with you.

Democratic reformers facing repression, prison, or exile can know: America sees you for who you are: the future leaders of your free country.

The rulers of outlaw regimes can know that we still believe as Abraham Lincoln did: "Those who deny freedom to others deserve it not for themselves; and, under the rule of a just God, cannot long retain it."

The leaders of governments with long habits of control need to know: To serve your people you must learn to trust them. Start on this journey of progress and justice, and America will walk at your side.

And all the allies of the United States can know: we honor your friendship, we rely on your counsel, and we depend on your help. Division among free nations is a primary goal of freedom's enemies. The concerted effort of free nations to promote democracy is a prelude to our enemies' defeat.

Today, I also speak anew to my fellow citizens:

From all of you, I have asked patience in the hard task of securing America, which you have granted in good measure. Our country has accepted obligations that are difficult to fulfill, and would be dishonorable to abandon. Yet because we have acted in the great liberating tradition of this nation, tens of millions have achieved their freedom. And as hope kindles hope, millions more will find it. By our efforts, we have lit a fire as well - a fire in the minds of men. It warms those who feel its power, it burns those who fight its progress, and one day this untamed fire of freedom will reach the darkest corners of our world.

A few Americans have accepted the hardest duties in this cause - in the quiet work of intelligence and diplomacy ... the idealistic work of helping raise up free governments ... the dangerous and necessary work of fighting our enemies. Some have shown their devotion to our country in deaths that honored their whole lives - and we will always honor their names and their sacrifice.

All Americans have witnessed this idealism, and some for the first time. I ask our youngest citizens to believe the evidence of your eyes. You have seen duty and allegiance in the determined faces of our soldiers. You have seen that life is fragile, and evil is real, and courage triumphs. Make the choice to serve in a cause larger than your wants, larger than yourself - and in your days you will add not just to the wealth of our country, but to its character.

America has need of idealism and courage, because we have essential work at home - the unfinished work of American freedom. In a world moving toward liberty, we are determined to show the meaning and promise of liberty.

In America's ideal of freedom, citizens find the dignity and security of economic independence, instead of laboring on the edge of subsistence. This is the broader definition of liberty that motivated the Homestead Act, the Social Security Act, and the G.I. Bill of Rights. And now we will extend this vision by reforming great institutions to serve the needs of our time. To give every American a stake in the promise and future of our country, we will bring the highest standards to our schools, and build an ownership society. We will widen the ownership of homes and businesses, retirement savings and health insurance - preparing our people for the challenges of life in a free society. By making every citizen an agent of his or her own destiny, we will give our fellow Americans greater freedom from want and fear, and make our society more prosperous and just and equal.

In America's ideal of freedom, the public interest depends on private character - on integrity, and tolerance toward others, and the rule of conscience in our own lives. Self-government relies, in the end, on the governing of the self. That edifice of character is built in families, supported by communities with standards, and sustained in our national life by the truths of Sinai, the Sermon on the Mount, the words of the Koran, and the varied faiths of our people. Americans move forward in every generation by reaffirming all that is good and true that came before - ideals of justice and conduct that are the same yesterday, today, and forever.

In America's ideal of freedom, the exercise of rights is ennobled by service, and mercy, and a heart for the weak. Liberty for all does not mean independence from one another. Our nation relies on men and women who look after a neighbor and surround the lost with love. Americans, at our best, value the life we see in one another, and must always remember that even the unwanted have worth. And our country must abandon all the habits of racism, because we cannot carry the message of freedom and the baggage of bigotry at the same time.

From the perspective of a single day, including this day of dedication, the issues and questions before our country are many. From the viewpoint of centuries, the questions that come to us are narrowed and few. Did our generation advance the cause of freedom? And did our character bring credit to that cause?

These questions that judge us also unite us, because Americans of every party and background, Americans by choice and by birth, are bound to one another in the cause of freedom. We have known divisions, which must be healed to move forward in great purposes - and I will strive in good faith to heal them. Yet those divisions do not define America. We felt the unity and fellowship of our nation when freedom came under attack, and our response came like a single hand over a single heart. And we can feel that same unity and pride whenever America acts for good, and the victims of disaster are given hope, and the unjust encounter justice, and the captives are set free.

We go forward with complete confidence in the eventual triumph of freedom. Not because history runs on the wheels of inevitability; it is human choices that move events. Not because we consider ourselves a chosen nation; God moves and chooses as He wills. We have confidence because freedom is the permanent hope of mankind, the hunger in dark places, the longing of the soul. When our Founders declared a new order of the ages; when soldiers died in wave upon wave for a union based on liberty; when citizens marched in peaceful outrage under the banner "Freedom Now" - they were acting on an ancient hope that is meant to be fulfilled. History has an ebb and flow of justice, but history also has a visible direction, set by liberty and the Author of Liberty.

When the Declaration of Independence was first read in public and the Liberty Bell was sounded in celebration, a witness said, "It rang as if it meant something." In our time it means something still. America, in this young century, proclaims liberty throughout all the world, and to all the inhabitants thereof. Renewed in our strength - tested, but not weary - we are ready for the greatest achievements in the history of freedom.

May God bless you, and may He watch over the United States of America.

 

S 2784 IS

108th CONGRESS

2d Session

S. 2784

To promote freedom and democracy in Vietnam.

IN THE SENATE OF THE UNITED STATES

September 9, 2004

Mr. BROWNBACK (for himself, Mrs. DOLE, and Mr. SESSIONS) introduced the following bill; which was read twice and referred to the Committee on Foreign Relations


A BILL

To promote freedom and democracy in Vietnam.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

(a) SHORT TITLE- This Act may be cited as the `Vietnam Human Rights Act of 2004'.

(b) TABLE OF CONTENTS- The table of contents for this Act is as follows:

Sec. 1. Short title; table of contents.

Sec. 2. Findings.

TITLE I--CONDITIONS ON INCREASED NONHUMANITARIAN ASSISTANCE TO THE GOVERNMENT OF VIETNAM

Sec. 101. Bilateral nonhumanitarian assistance.

TITLE II--ASSISTANCE TO SUPPORT HUMAN RIGHTS AND DEMOCRACY IN VIETNAM

Sec. 201. Assistance.

TITLE III--UNITED STATES PUBLIC DIPLOMACY

Sec. 301. Radio Free Asia transmissions to Vietnam.

Sec. 302. United States educational and cultural exchange programs with Vietnam.

TITLE IV--UNITED STATES REFUGEE POLICY

Sec. 401. Refugee resettlement for nationals of Vietnam.

TITLE V--ANNUAL REPORT ON PROGRESS TOWARD FREEDOM AND DEMOCRACY IN VIETNAM

Sec. 501. Annual report.

SEC. 2. FINDINGS.

Congress makes the following findings:

(1) The Socialist Republic of Vietnam is a one-party State, ruled and controlled by the Communist Party of Vietnam (CPV), which continues to deny the right of citizens to change their government. Although in recent years the National Assembly of Vietnam has played an increasingly active role as a forum for highlighting local concerns, corruption, and inefficiency, the National Assembly remains subject to CPV direction. The CPV maintains control over the selection of candidates in national and local elections.

(2) The Government of Vietnam permits no public challenge to the legitimacy of the one-party State. It prohibits independent political, labor, and social organizations and continues to detain and imprison persons for the peaceful expression of dissenting religious and political views, including Pham Hong Son, Tran Dung Tien, Father Nguyen Van Ly, Dr. Nguyen Dan Que, Nguyen Vu Binh, Pham Que Duong, and Pastor Nguyen Hong Quang, among others.

(3) The Government of Vietnam continues to commit serious human rights abuses. In January 2004, the Department of State reported to Congress that, during the previous year, the Government of Vietnam had made `no progress' toward releasing political and religious activists, ending official restrictions on religious activity, or respecting the rights of indigenous minorities in the Central and Northern Highlands of Vietnam.

(4) The Government of Vietnam limits freedom of religion and restricts the operation of religious organizations other than those approved by the State. While officially sanctioned religious organizations are able to operate with varying degrees of autonomy, some of those organizations continue to face restrictions on selecting, training, and ordaining sufficient numbers of clergy and in conducting educational and charitable activities. The Government has previously confiscated numerous churches, temples, and other properties belonging to religious organizations, most of which have never been returned.

(5) Unregistered ethnic minority Protestant congregations in the Northwest and Central Highlands of Vietnam suffer severe abuses, which have included forced renunciations of faith, the closure and destruction of churches, the arrest and harassment of pastors, and, in a few cases, there have been credible reports that minority religious leaders have been beaten and killed.

(6) The Unified Buddhist Church of Vietnam (UBCV), one of the largest religious denominations in Vietnam, was declared illegal in 1981. The Government of Vietnam confiscated its temples and persecuted its clergy for refusing to join the state-sponsored Buddhist organizations. For more than 2 decades, the Government has detained and confined senior UBCV clergy, including the Most Venerable Thich Huyen Quang, the Most Venerable Thich Quang Do, the Venerable Thich Tue Sy, and others.

(7) The Catholic Church in Vietnam continues to face significant restrictions on the training and ordination of priests and bishops, resulting in an insufficient number of priests and bishops to support the growing Catholic population in Vietnam. Although recent years have brought a modest easing of government control in some dioceses, officials in other areas strictly limit the conduct of religious education classes and charitable activities. Father Thaddeus Nguyen Van Ly, who was convicted in a closed trial in 2001 after publicly criticizing religious repression by the Government of Vietnam, remains in prison.

(8) The Government of Vietnam continues to suppress the activities of other religious believers, including Cao Dai, Baha'i, and Hoa Hao who lack official recognition or have chosen not to affiliate with the State-sanctioned groups, including through the use of detention and imprisonment.

(9) The Government of Vietnam significantly restricts the freedoms of speech and the press, particularly with respect to political and religious speech. Government and Communist Party-related organizations control all print and electronic media, including access to the Internet. The Government blocks web sites that it deems politically or culturally inappropriate, and it jams some foreign radio stations, including Radio Free Asia. The Government has detained, convicted, and imprisoned individuals who have posted or sent democracy related materials via the Internet.

(10) Indigenous Montagnards in the Central Highlands of Vietnam continue to face significant repression. The Government of Vietnam restricts the practice of Christianity by those populations, and more than 100 Montagnards have been sentenced to prison terms of up to 13 years for claiming land rights, organizing Christian gatherings, or attempting to seek asylum in Cambodia.

(11) The Government of Vietnam uses the separatist agenda of a relatively small number of ethnic minority leaders as a rationale for violating civil and political rights in ethnic minority regions.

(12) The Government of Vietnam arrested or detained nearly 300 Montagnards during 2003 and, since then, many hundreds of Montagnards have gone into hiding, fearing arrest, interrogation, or physical abuse by government authorities.

(13) During Easter weekend in April 2004, thousands of Montagnards gathered to protest their treatment by the Government of Vietnam, including the confiscation of tribal lands and ongoing restrictions on religious activities. Credible reports indicate that the protests were met with a violent response and that many demonstrators were arrested, injured, or are in hiding, and that others were killed.

(14) Government officials continue to restrict access to the Central and Northwest Highlands of Vietnam by diplomats, nongovernmental organizations, journalists, and other foreigners, making it difficult to verify conditions in those areas.

(15) United States refugee resettlement programs for Vietnamese nationals, including the Orderly Departure Program (ODP), the Resettlement Opportunities for Returning Vietnamese (ROVR) program, the Priority One (P1) program and the resettlement of boat people from refugee camps throughout Southeast Asia, were authorized by law in order to rescue Vietnamese nationals who have suffered persecution on account of their wartime associations with the United States, as well as those who currently have a well-founded fear of persecution on account of race, religion, nationality, political opinion, or membership in a particular social group.

(16) While these refugee resettlement programs have served their purposes well, a significant number of eligible refugees have been unfairly denied or excluded, in some cases by vindictive or corrupt Government of Vietnam officials who controlled access to the programs, and in other cases by United States personnel who imposed unduly restrictive interpretations of program criteria.

(17) The Department of State has agreed to extend the September 30, 1994, registration deadline for former United States employees, `re-education' survivors, and surviving spouses of those who did not survive `re-education' camps to sign up for United States refugee programs, as well as to resume the Vietnamese In-Country Priority One Program in Vietnam to provide protection to victims of persecution on account of race, religion, nationality, political opinion, or membership in a particular social group who otherwise have no access to the Orderly Departure Program.

(18) The U.S. Citizenship and Immigration Services of the Department of Homeland Security has agreed to resume the processing of former United States employees under the U11 program, which had been unilaterally suspended by the United States Government, as well as to review the applications of Amerasians, children of American servicemen left behind in Vietnam after the war ended in April 1975, for resettlement to the United States under the Amerasian Homecoming Act of 1988.

(19) Congress and the people of the United States are united in their determination that the expansion of relations with Vietnam should not be construed as approval of or complacency about the serious violations of fundamental human rights engaged in by the Government of Vietnam. The promotion of freedom and democracy around the world is and must continue to be a central objective of United States foreign policy. Congress remains hopeful about, and willing to recognize improvement in, the future human rights practices of the Government of Vietnam, which is the motivating purpose behind this Act.

TITLE I--CONDITIONS ON INCREASED NONHUMANITARIAN ASSISTANCE TO THE GOVERNMENT OF VIETNAM

SEC. 101. BILATERAL NONHUMANITARIAN ASSISTANCE.

(a) ASSISTANCE-

(1) IN GENERAL- United States nonhumanitarian assistance may not be provided to the Government of Vietnam in an amount exceeding the amount so provided for fiscal year 2004--

(A) for fiscal year 2005, unless not later than 30 days after the date of the enactment of this Act, the President determines and certifies to Congress that the requirements of subparagraphs (A) through (D) of paragraph (2) have been met during the 12-month period ending on the date of the certification; and

(B) for each subsequent fiscal year unless the President determines and certifies to Congress in the most recent annual report submitted pursuant to section 501 that the requirements of subparagraphs (A) through (E) of paragraph (2) have been met during the 12-month period covered by the report.

(2) REQUIREMENTS- The requirements of this paragraph are that--

(A) the Government of Vietnam has made substantial progress toward releasing all political and religious prisoners from imprisonment, house arrest, and other forms of detention;

(B) the Government of Vietnam has made substantial progress toward--

(i) respecting the right to freedom of religion, including the right to participate in religious activities and institutions without interference by or involvement of the Government; and

(ii) returning estates and properties confiscated from the churches;

(C) the Government of Vietnam has made substantial progress toward allowing Vietnamese nationals free and open access to United States refugee programs;

(D) the Government of Vietnam has made substantial progress toward respecting the human rights of members of ethnic minority groups in the Central Highlands and elsewhere in Vietnam; and

(E) neither any official of the Government of Vietnam nor any agency or entity wholly or partly owned by the Government of Vietnam was complicit in a severe form of trafficking in persons, unless the Government of Vietnam took all appropriate steps to end any such complicity and hold such official, agency, or entity fully accountable for its conduct.

(b) EXCEPTION-

(1) CONTINUATION OF ASSISTANCE IN THE NATIONAL INTEREST- Notwithstanding the failure of the Government of Vietnam to meet the requirements of subsection (a)(2), the President may waive the application of subsection (a) for any fiscal year if the President determines that the provision to the Government of Vietnam of increased United States nonhumanitarian assistance would promote the purposes of this Act or is otherwise in the national interest of the United States.

(2) EXERCISE OF WAIVER AUTHORITY- The President may exercise the authority under paragraph (1) with respect to--

(A) all United States nonhumanitarian assistance to Vietnam; or

(B) one or more programs, projects, or activities of such assistance.

(c) DEFINITIONS- In this section:

(1) SEVERE FORM OF TRAFFICKING IN PERSONS- The term `severe form of trafficking in persons' means any activity described in section 103(8) of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7102(8)).

(2) UNITED STATES NONHUMANITARIAN ASSISTANCE- The term `United States nonhumanitarian assistance' means--

(A) any assistance under the Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq.), including programs under title IV of chapter 2 of part I of that Act (22 U.S.C. 2169 et seq.), relating to the Overseas Private Investment Corporation), other than--

(i) disaster relief assistance, including any assistance under chapter 9 of part I of that Act (22 U.S.C. 2292 et seq.);

(ii) assistance which involves the provision of food (including monetization of food) or medicine; and

(iii) assistance for refugees; and

(B) sales, or financing on any terms, under the Arms Export Control Act (22 U.S.C. 2751 et seq.).

TITLE II--ASSISTANCE TO SUPPORT HUMAN RIGHTS AND DEMOCRACY IN VIETNAM

SEC. 201. ASSISTANCE.

(a) IN GENERAL- The President is authorized to provide assistance, through appropriate nongovernmental organizations, for the support of individuals and organizations to promote democracy and internationally recognized human rights in Vietnam.

(b) AUTHORIZATION OF APPROPRIATIONS- There are authorized to be appropriated to the President to carry out subsection (a) $2,000,000 for each of the fiscal years 2005 and 2006.

TITLE III--UNITED STATES PUBLIC DIPLOMACY

SEC. 301. RADIO FREE ASIA TRANSMISSIONS TO VIETNAM.

(a) POLICY OF THE UNITED STATES- It is the policy of the United States to take such measures as are necessary to overcome the jamming of Radio Free Asia by the Government of Vietnam, including securing the use of broadcast facilities in close geographic proximity to Vietnam.

(b) AUTHORIZATION OF APPROPRIATIONS- In addition to such amounts as are otherwise authorized to be appropriated for the Broadcasting Board of Governors, there are authorized to be appropriated to carry out the policy under subsection (a) $9,100,000 for the fiscal year 2005 and $1,100,000 for the fiscal year 2006.

SEC. 302. UNITED STATES EDUCATIONAL AND CULTURAL EXCHANGE PROGRAMS WITH VIETNAM.

It is the policy of the United States that programs of educational and cultural exchange with Vietnam should actively promote progress toward freedom and democracy in Vietnam by--

(1) providing opportunities to Vietnamese nationals from a wide range of occupations and perspectives to witness freedom and democracy in action; and

(2) ensuring that Vietnamese nationals who have already demonstrated a commitment to these values are included in such programs.

TITLE IV--UNITED STATES REFUGEE POLICY

SEC. 401. REFUGEE RESETTLEMENT FOR NATIONALS OF VIETNAM.

(a) POLICY OF THE UNITED STATES- It is the policy of the United States to offer refugee resettlement to nationals of Vietnam, including members of the Montagnard ethnic minority groups--

(1) who were eligible for the Orderly Departure Program (ODP), Resettlement Opportunities for Vietnamese Returnees (ROVR), or any other United States refugee program; and

(2) who--

(A) were deemed ineligible due to administrative error; or

(B) were unable or failed to apply for such programs in compliance with deadlines imposed by the Department of State for reasons beyond the control of such individuals, including insufficient or contradictory information or the inability to pay bribes demanded by officials of the Government of Vietnam.

(b) AUTHORIZED ACTIVITY- Of the amounts authorized to be appropriated to the Department of State for Migration and Refugee Assistance for each of the fiscal years 2005, 2006, and 2007, such sums as may be necessary are authorized to be made available for the protection (including resettlement in appropriate cases) of Vietnamese refugees and asylum seekers, including Montagnards in Cambodia.

TITLE V--ANNUAL REPORT ON PROGRESS TOWARD FREEDOM AND DEMOCRACY IN VIETNAM

SEC. 501. ANNUAL REPORT.

(a) IN GENERAL- Not later than 6 months after the date of the enactment of this Act and every 12 months thereafter, the Secretary of State shall submit to the Congress a report on the following:

(1) The determination and certification of the President that the requirements of subparagraphs (A) through (D) of section 101(a)(2) have been met, if applicable.

(2) The determination of the President under section 101(b), if applicable.

(3) Efforts by the United States Government to secure transmission sites for Radio Free Asia in countries in close geographical proximity to Vietnam in accordance with section 301.

(4) Efforts to ensure that programs with Vietnam promote the policy set forth in section 302 and section 102 of the Human Rights, Refugee, and Other Foreign Relations Provisions Act of 1996 (22 U.S.C. 2452 note) with respect to participation in programs of educational and cultural exchange.

(5) Steps taken to carry out the policy under section 401(a).

(6) Lists of persons believed to be imprisoned, detained, or placed under house arrest, tortured, or otherwise persecuted by the Government of Vietnam due to their pursuit of internationally recognized human rights. In compiling such lists, the Secretary shall exercise appropriate discretion, including concerns regarding the safety and security of, and benefit to, the persons who may be included on the lists and their families. In addition, the Secretary shall include a list of such persons and their families who may qualify for protection under United States refugee programs.

(7) A description of the development of the rule of law in Vietnam, including, but not limited to--

(A) progress toward the development of institutions of democratic governance;

(B) processes by which statutes, regulations, rules, and other legal acts of the Government of Vietnam are developed and become binding within Vietnam;

(C) the extent to which statutes, regulations, rules, administrative and judicial decisions, and other legal acts of the Government of Vietnam are published and are made accessible to the public;

(D) the extent to which administrative and judicial decisions are supported by statements of reasons that are based upon written statutes, regulations, rules, and other legal acts of the Government of Vietnam;

(E) the extent to which individuals are treated equally under the laws of Vietnam without regard to citizenship, race, religion, political opinion, or current or former associations;

(F) the extent to which administrative and judicial decisions are independent of political pressure or governmental interference and are reviewed by entities of appellate jurisdiction; and

(G) the extent to which laws in Vietnam are written and administered in ways that are consistent with international human rights standards, including the requirements of the International Covenant on Civil and Political Rights.

(b) CONTACTS WITH OTHER ORGANIZATIONS- In preparing the report under subsection (a), the Secretary shall, as appropriate, consult with and seek input from nongovernmental organizations, human rights advocates (including Vietnamese-Americans and human rights advocates in Vietnam), and the United States Commission on International Religious Freedom.

END

EBay halts auction of Vietnamese girls

Note from FVA: This problem goes deeper than the just Taiwanese Ebay user. The Vietnamese authorities have allowed this trafficking to happen as a way to attract foreign visitors and investors from Asian countries including Taiwan.

Posted on Fri, Mar. 12, 2004
By RACHEL KONRAD
Associated Press

SAN JOSE, Calif. (AP) - EBay Inc. halted an auction this week and suspended a Taiwanese user who allegedly tried to sell three Vietnamese girls for a starting bid of $5,400.

The auction, which began March 2 on eBay's Taiwan site, did not include a detailed description of the goods for sale but said the ``items'' were from Vietnam and would be ``shipped to Taiwan only.''

The site included five photos of three people. One dark-haired woman in a white shirt wore makeup and blue nail polish, and the other two appeared to be girls no older than their early teens. The 10-day auction had a starting price of 180,000 Taiwanese dollars, or $5,411.88.

Vietnamese activists groups in Australia and the United States noticed the listing as early as March 5 and began sending e-mails to women's rights and immigrant advocates around the world. Many of them contacted eBay, and earlier this week customer service representatives pulled the auction, now listed as ``invalid item.''

``There couldn't be a clearer case of what's not allowed on eBay,'' spokesman Hani Durzy said today. ``We are constantly scanning the site for items along the line of this one worldwide, and as soon as we see them we take them down.''

San Jose-based eBay strictly forbids the sale or purchase of humans, alive or dead.

The company, which acts as an intermediary between buyers and sellers for products ranging from garage-sale items to supercomputers, doesn't screen auction items before they go live on the site. However, it routinely halts auctions involving human corpses or anything else it deems inappropriate or illegal, and it often suspends the person or group behind such sales.

EBay turned over information on the seller to Taiwanese authorities, Durzy said. He would not release any more information on the user, identified on the site as ``mmm0052g'' and an eBay member since March 1.

Durzy said auctions of humans were ``incredibly rare,'' and those that the company has investigated are usually hoaxes.

``We have no idea if this one was a joke, but frankly it's irrelevant to us,'' Durzy said. ``We took it down as soon as we became aware of it.''

American activist groups including the Fairfax, Va.-based National Congress of Vietnamese Americans, one of the groups that alerted eBay with e-mails and a letter to CEO Meg Whitman, applauded the auction giant's swift moves. Members say they'll continue to monitor eBay's listings for human trafficking.

But NCVA president Hung Nguyen said the illegal trade -- often involving girls or young women who work as sex slaves -- will likely continue regardless of whether Internet sites clamp down.

``The only real alternative is to give countries opportunities for people to educate and better themselves,'' Nguyen said. ``If we could improve the economic conditions in places like Vietnam and Cambodia, there would be less likelihood that people would sell themselves or their children into slavery or brothels.''

 

CPJ Protests Sentencing of Nguyen Vu Binh

[CPJ today sent the following letter to President Tran Duc Luong to protest the seven year prison sentence handed down to Internet writer Nguyen Vu Binh, who wrote essays criticizing Vietnam's border agreements with China and other government policies. The letter also calls for the release of imprisoned writers Tran Khue and Nguyen Dan Que, who have not yet been tried. For more information, please contact Abi Wright or Sophie Beach at 212.465.1004 or asia@cpj.org.]

========================

January 5, 2004

His Excellency Tran Duc Luong President, Socialist Republic of Vietnam C/o Ministry of Foreign Affairs Hanoi, Vietnam

Via facsimile: 011-84-4-823-1872

Your Excellency:

The Committee to Protect Journalists (CPJ) condemns the sentencing of writer Nguyen Vu Binh to seven years in jail, followed by three years of house arrest upon his release.

On December 31, the Hanoi People's Court sentenced Binh on espionage charges in a three-hour trial. Binh's wife was the only family member allowed into the courtroom. Foreign diplomats and journalists were barred from the trial.

Following the proceedings, the official Vietnam News Agency reported that Binh was sentenced because he had "written and exchanged, with various opportunist elements in the country, information and materials that distorted the party and state policies." He was also accused of communicating with "reactionary" organizations abroad.

Binh was arrested on September 25, 2002, from his house in Hanoi and has been held incommunicado since. Shortly before his arrest, Binh had written and distributed online an essay that criticized Vietnam's border agreements with China.

Binh worked for almost 10 years at Tap Chi Cong San (Journal of Communism), an official publication of Vietnam's Communist Party. In January 2001, he left his position there after applying to form an independent opposition group called the Liberal Democratic Party.

Since then, Binh has written several articles calling for political reform and criticizing current government policy. In July 2002, Binh was briefly detained after submitting written testimony to a U.S. Congressional Human Rights Caucus briefing on freedom of expression in Vietnam. In August 2002, he wrote an article titled "Some Thoughts on the China-Vietnam Border Agreement," which was distributed online.

Several writers have been arrested for criticizing land and sea border agreements signed by China and Vietnam as part of a rapprochement following a 1979 war between the two countries. In November 2002, Internet journalist Le Chi Quang was sentenced to four years in prison after an essay he wrote, titled "Beware of Imperialist China," was distributed online.

As a nonpartisan organization of journalists dedicated to defending press freedom worldwide, CPJ condemns the prosecution of journalists who have done nothing more than peacefully express their views on political issues. We respectfully remind Your Excellency that both the Vietnamese Constitution and the United Nations International Covenant on Civil and Political Rights, which Vietnam has signed, guarantee the right to freedom of expression.

CPJ is also concerned by the blatant disregard for due process in the prosecution of journalists. Binh was detained for 15 months before being tried. During this time, Binh's family was not allowed to visit him and authorities did not offer any explanation for his arrest.

According to CPJ records, eight journalists are currently imprisoned in Vietnam for their writing. Two jailed journalists-Tran Khue, arrested on December 29, 2002, and Nguyen Dan Que, arrested March 17, 2003-have not yet been tried.

CPJ calls for the immediate and unconditional release of Nguyen Vu Binh, Tran Khue, Nguyen Dan Que, and the five other journalists currently in prison in Vietnam. Thank you for your attention to this urgent matter. We await your response.

Sincerely,

Ann Cooper
Executive Director

CC:
Prime Minister Phan Van Khai
Pham Quang Nghi, Minister of Culture and Information
Nguyen Tam Chien, Vietnamese Ambassador to the United States
Raymond F. Burghardt, U.S. Ambassador to Vietnam
American Society of Newspaper Editors
Amnesty International
Article 19 (United Kingdom)
Artikel 19 (The Netherlands)
Canadian Journalists for Free Expression
Freedom Forum
Freedom House
Human Rights Watch
Index on Censorship
International Center for Journalists
International Federation of Journalists
International PEN
International Press Institute
Lorne W. Craner, United States Assistant Secretary for Democracy, Human Rights, and Labor
The Newspaper Guild
The North American Broadcasters Association
Overseas Press Club
Reporters Sans Frontières
Sergio Vieira de Mello, United Nations High Commissioner for Human Rights
The Society of Professional Journalists
World Association of Newspapers
World Press Freedom Committee

*************************

Committee to Protect Journalists
330 Seventh Avenue, 12th floor
New York, NY 10001 USA
Tel: 212.465.1004
Fax: 212.465.9568
E-mail: info@cpj.org
Web: www.cpj.org

US city rolls out unwelcome mat for Vietnam officials

LOS ANGELES (AFP) - A second California city dominated by Vietnamese exiles has declared itself a "no-communist zone" that opposes visits by officials from communist Vietnam, officials said.

The council of Westminster, population 90,000, late Wednesday passed a tough resolution by five votes to nothing that seeks to effectively ban Vietnamese cadres from its territory southeast of Los Angeles.

"The resolution is good news and an expression of the will of the overwhelming majority of the residents of this city," the measure's co-author, Councilman Andy Quach, told AFP.

"It means that we are exercising our First Amendment right to free speech by saying that commie cadres are not welcome and that if we do not get prior notice of their intention to visit, it will be very difficult for us to guarantee their safety."

The adoption of an identical measure eight days earlier by the nearby city of Garden Grove, which also forms part of California's Little Saigon area, prompted an angry protest from Hanoi while the US State Department also deplored the action.

Around 40,000 of Westminster's residents are ethnic Vietnamese, many of whose families fled the country after the city of Saigon fell to communist North Vietnamese forces at the end of the Vietnam War 31 years ago.

The Westminster resolution states that the city "does not condone, welcome or sanction stops, drive-bys or visits" by representatives of the Socialist Republic of Vietnam, following public unrest in the area in 1999 in another row over Vietnamese officials.

The resolution also discourages city officials from encouraging such visits and request the US State Department to give the city at least 10 days' notice of an impending visit by Hanoi cadres.

In addition, it states that the city will not be liable for any damage caused by rioting sparked by a visit by Hanoi cadres.

"The State Department has asked us to do everything we can to rescind the resolution, saying that the US is working with Vietnam over terrorist issues and asking us to consider the role of US officials in Vietnam," Quach said.

"But it doesn't matter what the commies or the State Department say, we on the council are responsible to our constituents in Westminster."

U.S. Stops Communist Stopover in Little Saigon

By Mai Tran
Times Staff Writer

April 24, 2004

The State Department on Friday canceled a weekend visit to Little Saigon by Vietnamese Communist Party leaders after Westminster officials said they could not guarantee their safety.

The trip to the largest Vietnamese community in the United States was planned by the Vietnamese government and intended as a gesture of goodwill to improve relations with expatriates who fled or emigrated.

The delegation, which will visit Los Angeles today and San Francisco, New York City and Washington in the days ahead, planned to tour the Little Saigon business and shopping district by motorcade, escorted by California Highway Patrol officers.

But anti-communist activists in Little Saigon said the visitors would be unwelcome. Protesters had planned to line Bolsa Avenue and demonstrate, wave South Vietnamese flags and even toss eggs when the motorcade drove by.

"It's like taking Fidel Castro down to Little Havana in Miami," Westminster Councilman Andy Quach said of the delegation's plans.

Many immigrants who fled their homeland when South Vietnam fell in 1975 remain firmly anti-communist. Before fleeing, many were imprisoned in so-called reeducation camps where they said they were beaten, tortured and starved.

The fact that the visit would come just days before the commemoration of the fall of Saigon stirred even more anger.

The former premier of South Vietnam, however, described the canceled visit as a missed opportunity. "It's time to sit and talk with them," said Nguyen Cao Ky, a Hacienda Heights resident who returned to Vietnam this year for the first time since Saigon fell. "Whether it's here or in Vietnam, it's the right thing to do."

Support for bilateral trade relations with Vietnam has increased in recent years in Little Saigon, but proponents keep quiet for fear of reprisals. Ky's return to Vietnam, which angered many of his countrymen, also was seen as an encouraging sign to free-trade advocates.

The State Department said the visit, which began Thursday and ends April 30, was requested by Vietnamese officials.

Thanh Phuc Nguyen, vice president of the Vietnam National Assembly and chairman of the assembly's Committee on Foreign Affairs, is leading the six-person delegation. Nguyen is scheduled to meet next week with John R. Bolton, undersecretary of state for arms control and international security, to discuss security issues.

"The government of Vietnam has been making a lot of effort to reach out to the Vietnamese community overseas," said Chien Ngoc Bach, a spokesman for the Vietnamese Embassy in Washington.

The Little Saigon stop was canceled Friday afternoon after two police departments warned federal officials that the group's safety could not be guaranteed.

"We just wanted to make the State Department aware of the contentious feeling of the Vietnamese community in this area regarding someone of his affiliation," said Westminster Police Capt. Mitch Waller, referring to Nguyen. "It would be very difficult for us to guarantee his safety if he comes to our city, having experienced what happened in 1999."

Little Saigon was rocked in 1999 when 15,000 demonstrators rallied for 53 days in front of a video store on Bolsa Avenue after its owner hung a picture of communist leader Ho Chi Minh and the communist flag.

"The anti-communist sentiments among members of this community are as strong, if not stronger, than anywhere else in the world," Garden Grove Police Chief Joseph Polisar wrote in a letter Friday to Special Agent Henry Jenkins.

"I urge you in the strongest possible terms to avoid bringing representatives of the government of Vietnam to the Little Saigon area. … The public safety risks for both the delegation and the community are enormous," Polisar wrote.

Delegation officials declined to comment.

The visit was to include a drive through Garden Grove and Westminster's Little Saigon, the commercial and cultural hub of the Vietnamese American community. The visitors also planned to stop at the Vietnam War Memorial in Westminster, where a statue of a South Vietnamese and an American soldier depicts friendship between the United States and the former South Vietnam.

"They're on our soil, and we just want to send them a clear message that they're not welcome here," Councilman Quach said.

"This is a victory for us," said Lac Nguyen, 59, of Garden Grove, a director for the nonprofit Vietnamese Community of Southern California in Westminster. "This was our strong warning that it would only be an inconvenience for them to come here because anything could happen."

Though Vietnamese government officials have visited Orange County in the past, their trips were largely kept secret.

 

It's Not a Flag They Can Look Up To

May 6, 2004
By Jeff Gottlieb and Mai Tran, Times Staff Writers

The flying of the Vietnamese flag, the potent symbol of a lost war and a stream of refugees, could lead to demonstrations at Cal State Fullerton's graduation this month by students and anticommunist activists from Little Saigon.

The banner of the Socialist Republic of Vietnam, with a gold star on a red background, is supposed to fly with 79 other flags representing the homelands of Fullerton students.

But students want the yellow and red flag of the defeated South Vietnam to fly along with the Vietnamese flag, said Son-Kim Vo, coordinator of Fullerton's Intercultural Development Center and advisor to the university's Vietnamese Student Assn.

"The communist flag is immoral," said Phu Ngoc Nguyen, 20, a member of the student association. "I want a flag that represents me to be flown."

Students said they may walk out of ceremonies if the flag of South Vietnam is not flown. They are meeting with community members this weekend to map out more elaborate plans for next year's ceremony if the university doesn't agree to their flag compromise.

A committee of eight campus administrators and staff members have met twice to discuss how to keep the commencement from becoming political, said Owen Holmes, the associate vice president for public affairs and governmental relations, who chairs the committee.

"This is a special time for families and graduates," he said.

More than 8,000 students will attend graduation May 29 and 30, with about 40,000 family members and friends also expected.

About 2,000 students of Vietnamese descent attend the university, which has an enrollment of more than 30,000.

Chien Ngoc Bach, spokesman for the Vietnamese Embassy in Washington, urged school officials to hang the flag of his country, which has been recognized by the United States since 1995.

"As an educational institution, the university should teach students about the truth rather than myth," he said.

The controversy comes a week after officials from Garden Grove and Westminster, home to the largest Vietnamese population outside Vietnam, proposed ordinances to keep trade delegations and officials from the communist nation from visiting Little Saigon.

Several U.S. cities, including San Diego, Houston and St. Paul, Minn., have passed resolutions requiring that the South Vietnamese flag represent the country when necessary at civic events.

Emotions have run strong in the Vietnamese exile community since the fall of Saigon, now Ho Chi Minh City, in 1975, when many supporters of the South Vietnamese government and American intervention were driven into exile or forced into "re-education" camps.

A Westminster video store owner's display of the communist flag in 1999 sparked months of demonstrations. Others in the fiercely anticommunist community who have shown the slightest support for Vietnam's government have been denounced as traitors.

International flags were displayed at Fullerton's graduation for the first time in 1997. Paula Selleck, a spokeswoman for the campus, said the Vietnamese flag was displayed for the first time last year.

Vo, the advisor to the Vietnamese Student Assn., said she thought both Vietnamese flags had flown previously.

The Vietnamese flag that flew last year attracted the attention of at least one man, who climbed a fence and pulled down the banner several hours after graduation, said Lt. Will Glen of the university's police department.

When police asked that the flag be returned, he handed them a South Vietnamese banner instead.

Fullerton is not the only college to have problems displaying the Vietnamese flag. Vo said that a few hours before commencement at Santa Ana College two or three years ago, people noticed the Vietnamese flag was being flown. Members of the Vietnamese community complained to university officials, and all international flags were taken down, Vo said.

Last October, officials at the University of Puget Sound in Tacoma, Wash., faced similar protests after they hung international flags, including one from Vietnam, to decorate the campus. The campus refused to back down when students complained.

Because of its proximity to Little Saigon, Fullerton has a special relationship with the Vietnamese community. Fullerton President Milton A. Gordon said he has been told the campus has the largest number of students of Vietnamese descent of any university in the country.

Since the late 1990s, the campus has cultivated a closer relationship with the Southeast Asian country, including at least two visits to Vietnam by Gordon.

Cal State Fullerton has agreements with five Vietnamese universities for a variety of collaborations that include faculty visits. In addition, 31 students from Vietnam attend the Fullerton campus.

Vo said the flag controversy began after last year's graduation. She said a Little Saigon newspaper blamed the Vietnamese Student Assn. for allowing the university to fly the flag.

She said the students sent a petition to Candy Mink, the dean of students.

Mink said she didn't remember the petition but recalled meeting students between the end of December and the beginning of February. "I listened to those concerns and the university leadership is addressing them," she said.

Xuan Vu, a board member of the Vietnamese American Public Affairs Committee, who has been working with the students, said the South Vietnamese flag is an important symbol.

"We're not doing this to keep out the Vietnamese government, but it's a clear message of representation," she said.

"We're saying, 'No, the communist government does not represent us.' "

 

Vietnam: New Evidence of Torture, Mass Arrests of Montagnards
Cambodia Slams Door on New Asylum Seekers

(New York, January 10, 2005) - Cambodia’s decision to close its northeastern border with Vietnam to halt the flow of Montagnard asylum seekers comes amidst alarming new reports of mass arrests, torture, and increasing persecution of Montagnard Christians in Vietnam’s Central Highlands, Human Rights Watch said in a 25-page briefing paper released today.

New testimony gathered by Human Rights Watch establishes the widespread and continued use of torture against activists, religious leaders, and individuals who have been deported or have voluntarily returned from Cambodia.

On January 1, Cambodian National Police Chief Hok Lundy ordered authorities in the border province of Ratanakiri to increase the number of border police in order to prevent Montagnard asylum seekers from entering. “The authorities have to convince the local people to be our spies in order to report how many Montagnards [enter Cambodia], to arrest them and send them back to Vietnam,” he said.

“The Vietnamese government’s mistreatment of Montagnards continues unabated,” said Brad Adams, executive director of Human Rights Watch’s Asia Division. “Instead of closing its borders to asylum seekers, the Cambodian government should be working with the United Nations refugee agency to provide sanctuary to people escaping torture and arbitrary arrest.”

Human Rights Watch said that under Cambodia’s international treaty obligations, the Cambodian government must not return Montagnard asylum seekers so long as they face a serious risk of persecution upon return to Vietnam. Hok Lundy’s statements, which were tape recorded, make it clear that Cambodia is flouting its legal obligations.

During high-profile tours to the Central Highlands in December, top Vietnamese officials pledged to respect religious freedom and called on local officials to encourage “peaceful and happy” Christmas celebrations in Montagnard villages.

However, in the weeks leading up to Christmas, police were busy rounding up and arresting dozens of Montagnard Christians and detaining them at district and provincial police stations and prisons throughout the region. In Gia Lai province alone––one of five provinces in the Central Highlands––police arrested 129 people between December 12 and 24.

“Christmas was relatively quiet in the highlands,” said Adams. “That’s because hundreds of Montagnards were rounded up and spent the holiday in police detention.”

Many of those arrested during the Christmas crackdown were Montagnard house church leaders who were organizing Christmas gatherings in the villages. Others targeted for detention included the wives and even young children of men who had fled to Cambodia to seek asylum. Human Rights Watch said that police also arrested dozens of Montagnards suspected of being protest leaders or making contact with groups in the U.S. supporting demands for the return of ancestral land and religious freedom. The current whereabouts and treatment of most of the detainees is unknown.

A Mnong man from Dak Nong province, who was arrested in April 2004, said he was severely beaten several times by police officers trying to obtain the names of other activists. At the district jail, police officers pulled out one of his toe nails, beat him repeatedly on his thighs with a rubber baton, and boxed him in the face, knocking out one of his front teeth. They brandished an AK-47 rifle and threatened to kill him. He was then transferred to the provincial prison, where he was interrogated and beaten again:

They beat my head and used two hands to box my ears more than thirty times, until my face was bright red and my ears were bleeding. They kicked me in the chest with their boots. They wanted to squeeze out the information about the demonstrations.

First-hand accounts from Montagnards who have voluntarily returned to Vietnam since 2001 indicate that Vietnamese authorities treat returnees with intense suspicion. Some are placed under police surveillance and even house arrest upon return, or are regularly summoned to the police station for questioning about their activities.

On December 29, the Vietnamese government publicly accused 13 Montagnards who voluntarily returned to Vietnam last October from a Cambodian refugee camp of being spies that the United Nations High Commissioner for Refugees (UNHCR) “trained to create disturbances and then sent back to Vietnam.”

“These kinds of statements show a degree of paranoia that leads to persecution,” said Adams. “Instead of punishing those who flee for safety, the government in Hanoi must begin to deal with the causes of discontent, which are religious repression and widespread confiscation of the agricultural land on which the indigenous minority people depend for their livelihood.”

Meanwhile, Montagnard asylum seekers who crossed the border to Cambodia’s Ratanakiri province right before Christmas remain in dire straits. During the last week truckloads of Cambodian police and gendarmerie have been scouring the forests where the asylum seekers are thought to be hiding.

“It is absolutely imperative that the Cambodian government immediately grants UNHCR access to these people, or turns them over to UNHCR if government security forces apprehend them,” said Adams. “UNHCR and key governments must make it clear in no uncertain terms to the Cambodian government that asylum seekers must not be arrested and summarily returned to Vietnam.”

Cambodia is a party to the United Nations Refugee Convention, which prohibits the return of individuals facing a well-founded fear of persecution on political, religious, or ethnic grounds. Cambodia has an obligation to make individual determinations about the validity of asylum claims. Cambodia is also a party to the Convention Against Torture, which states in article 3 that, "No State Party shall expel, return ("refouler") or extradite a person to another State where there are substantial grounds for believing that he would be in danger of being subjected to torture."

For more information, please contact:

In London, Brad Adams: +44-7960-844-996
In New York, Sam Zarifi: +1-212-216-1213
In Washington D.C., Veena Siddharth: +1-202-612-4341
In Brussels, Vanessa Saenen (French, Dutch, German): +32-2-732-2009
In Geneva, Diane Goodman: +41-22-738-0481

Vietnam: Action Needed Now to End Religious Persecution
Vietnam Blacklisted as One of the Worst Violators of Religious Rights

For Immediate Release:

(New York, February 28, 2005) –The U.S. needs to spell out specific actions that Vietnam should take to improve its dismal religious rights record, Human Rights Watch said today in an open letter to U.S. Secretary of State Condoleezza Rice. The U.S. is currently engaged in talks with Vietnam over its designation as one of the worst violators of religious rights in the world.

Last September the U.S. State Department designated Vietnam as a “Country of Particular Concern” (CPC) for its systematic and egregious abuse of religious freedom under the 1998 International Religious Freedom Act. Consultations on religious freedom between the U.S. and Vietnam are slated to end on March 15, 2005. Religious repression in Vietnam was highlighted in the State Department’s own annual human right report, which was released today.

“Despite a few well-timed goodwill gestures, such as the recent release of several religious prisoners, Vietnam has in all other respects continued its exceptionally repressive policies,” said Brad Adams, Asia Director of Human Rights Watch. “Vietnam is notorious for persecuting and imprisoning believers of religions who attempt to peacefully and independently practice their faith.”

The Vietnamese government imposes strict controls over religious organizations and treats leaders of unauthorized religious groups with intense suspicion, branding many of them as subversives. Targeted in particular are ethnic minority Christians, Mennonites, and members of the Unified Buddhist Church of Vietnam (UBCV).

Ethnic Hmong Christians in the northwest provinces have been beaten, detained and pressured by local authorities to renounce their religion and cease religious gatherings. At least ten Hmong Christians remain in detention in Lai Chau and Ha Giang provinces. Recently the military presence in several villages in Lai Chau has increased recently, causing many Hmong Christians to flee from their homes.

In the Central Highlands, the government has increased its repression of Montagnard Christians, particularly those thought to be following “Dega Protestantism.” This is a form of evangelical Christianity, banned by the Vietnamese government, which links it to the Montagnard movement for return of ancestral lands, religious freedom and self-rule.

Since 2001 more than 180 Montagnard Christians – not only Dega church activists, but pastors, house church leaders and Bible teachers as well - have been arrested and sentenced to prison, many on charges that they are violent separatists using their religion to “sow divisions among the people” and “undermine state and party unity.” There is no evidence that the Dega church movement has ever advocated violence. By arresting and imprisoning people for their religious beliefs or peaceful expression of their views, Vietnam is in violation of the International Convention on Civil and Political Rights, to which it is a party.

While one UBCV monk was included in a recent Tet New Year prisoner amnesty, the government continues to persecute UBCV members and withhold any recognition of this group, once the largest organization of the majority religion in the country. Many UBCV members remain confined without charges to their pagodas, which are under strict police surveillance.

Mennonites in Vietnam have also encountered difficulties. Four Mennonites currently remain in prison on charges of resisting police officers after a scuffle broke out in March 2004 with undercover policemen who had been monitoring their Ho Chi Minh City church. On two separate occasions during 2004, officials in Kontum province bulldozed a Mennonite chapel. In September and October 2004, police pressured Mennonites in Kontum and Gia Lai provinces to sign forms renouncing their religion.

While relations between the Vatican and Vietnam have warmed in recent years, at least three Roman Catholics remain in prison, where they are serving long prison sentences for conducting training courses and distributing religious books without government permission. They include sixty-four-year-old Father Pham Minh Tri, who has been imprisoned at Z30A prison in Dong Nai for the last eighteen years, despite suffering dementia for most of the past decade.

As the deadline for finalizing the CPC consultations approaches, earlier this month the Prime Minister issued Instruction No. 01/2005, “Guiding Protestant Religious Organizations.” It outlaws attempts by officials to force Protestants to abandon their religion, a practice Human Rights Watch has documented among ethnic minority Christians for years.

However, as with the Ordinance on Beliefs and Religion passed last year, this latest directive continues to require religious organizations to obtain government permission in order to operate, advancing Vietnam’s official stance that religious freedom is a privilege to be requested and granted by the government, rather than a fundamental human right.

Hanoi needs to commit itself to deep-seated reform and meaningful action, rather than token gestures,” said Adams. “There are hundreds of religious prisoners waiting for release, and thousands more people waiting for the right to express their beliefs and practice their faith.”

The International Religious Freedom Act offers the President a menu of options to address abuses in countries designated as CPC, ranging from public condemnation, limiting certain kinds of assistance, to full sanctions. In addition to Vietnam, countries designated as CPC this year include China, Burma, North Korea, Iran, Sudan, Saudi Arabia and Eritrea.

“The Bush Administration needs to send a strong message to the Vietnamese government that the U.S. will not tolerate this kind of persecution,” said Adams. “The U.S. should make sure that any pledges made during these consultations are backed up by prompt action on the part of the Vietnamese authorities.”

Proposed Benchmarks

The current talks between the U.S. and Vietnam aim to outline specific steps for Vietnam to take to improve its record on religious freedom, thereby avoiding stronger penalties by the U.S., including economic sanctions.

Human Rights Watch proposes that the State Department should make sure that the government of Vietnam has taken the following concrete steps as it evaluates Vietnam’s progress in improving its respect for religious freedom:

• Allow independent religious organizations to freely conduct religious activities and govern themselves. Churches and denominations that do not choose to join one of the officially-authorized religious organizations whose governing boards are under the control of the government should be allowed to independently register with the government.

• Release or grant amnesty to all people imprisoned or detained because of their non-violent religious beliefs and practices.

• Investigate and punish those responsible for all instances of violence against religious believers, including by civilians acting in concert with government officials. Such incidents include the violent suppression of the April 2004 protests by Montagnards in the Central Highlands, and reports of torture, beatings and killings of ethnic minority Protestants in both the central and northern highlands.

• Investigate reports of suppression of Protestants, including arbitrary detention of Mennonites and evangelical Christians. Those responsible for these violations should be brought to justice.

• Ensure that all domestic legislation addressing religious affairs is brought in conformity with international law, such as the International Covenant on Civil and Political Rights. Amend provisions in domestic law that criminalizes certain religious activities on the basis of imprecisely-defined “national security” crimes.

• Amend the 2004 Ordinance on Beliefs and Religion to include a provision that prohibits forced renunciation ceremonies by government officials, linked to specific disciplinary measures for offenders.

• Permit outside experts, including those from the United Nations and independent international human rights organizations, to have access to religious followers in Vietnam, including members of denominations not officially recognized by the government.

• Invite the U.N. Special Rapporteur on Religious Intolerance, the U.N. Working Group on Arbitrary Detention, and the U.N. Special Rapporteur on Torture to visit Vietnam to investigate violations of religious freedom and other rights abuses committed against members of churches that are not officially sanctioned by the government.

For the full text of Human Rights Watch’s letter to Secretary Rice, see:
http://hrw.org/english/docs/2005/02/28/vietna10217.htm

For more information, please contact:
In London, Brad Adams: + 44-7960-844-996
In Washington D.C., Veena Siddharth: +202 612 4341
In New York, Minky Worden: +212-216-1250
In Brussels, Jean-Paul Marthoz: (French): +32-2-732-2009

Vietnam tightens control over demonstrations

HANOI, March 22 (AFP) - Vietnam has enacted a new decree tightening control over demonstrations and banning unauthorized gatherings in a bid to prevent public disorder, officials and state media said.

The text was signed by Prime Minister Phan Van Khai on March 18, an official at the Government Office told AFP without providing any further details.

According to state media, the decree requires that all gatherings not organized by the ruling Communist Party or state organs must be approved in advance.

The venue, the slogans to be used and the purpose of the meeting or demonstration must also be registered, but even then local authorities can prevent it from taking place if they fear it could disrupt public order.

"The presidents of people's committees can allow, suspend or cancel the gathering of a high humber of people, even if it has been authorized before, if it is a serious threat to public order or does not follow the authorized programme," the Thanh Nien newspaper said.

The Tien Phong daily said security forces had also been authorised to take "appropriate measures to restore public order," including arresting people and dispersing demonstrators.

The paper added that the decree bans gatherings in front of government buildings, international conference venues and the country's parliament.

The communist nation has witnessed several incidents of unrest in different parts of the country in recent years mainly linked to land expropriation and corruption of local officials.

Demonstrators also sometimes gather in Hanoi in front of government buildings, often waving placards asking for corrupt officials to be punished.

Thousand of ethnic minority people in the country's impoverished Central Highlands region took to the streets in April last year, protesting against confiscation of ancestral lands and religious persecution.

International human rights groups say at least 10 people were killed. The government insists only two people died.

H.Res 228 regarding the events of April 1975

H. Res. 228
In the House of Representatives, U.S.,
May 3, 2005.

Whereas the Vietnamese who resettled in the United States after the events of April 1975 have, through perseverance and hard work, been able to rebuild their lives and form a vibrant community across the United States, nearly a million and a half strong, which contributes in many significant ways to the richness and diversity of American society;

Whereas the large flow of refugees to the United States and elsewhere was caused by the fall of the Republic of Vietnam to the Communist forces of North Vietnam in April 1975, resulting in a world refugee crisis of historic proportions, the exodus of millions of Vietnamese, and hundreds of thousands of deaths at sea;

Whereas since 1975, Vietnamese Americans have worked tirelessly to promote freedom and democracy in Vietnam;

Whereas the United States honors all members of the United States Armed Forces and members of the South Vietnamese forces who fought in the Vietnam conflict, including those individuals who gave the ultimate sacrifice, their lives, for the cause of freedom during such conflict; and

Whereas the interests of the United States with respect to the Socialist Republic of Vietnam will be best served when the Vietnamese people fully enjoy the exercise of their basic human rights regardless of politics, religion, gender, or ethnic origin: Now, therefore, be it

Resolved, That the House of Representatives--

(1) honors the significant contributions of Vietnamese Americans to the richness, diversity, and success of American society;

(2) observes the 30th anniversary of the large exodus of refugees from Vietnam when the Republic of Vietnam fell to the Communist forces of North Vietnam;

(3) supports all individuals taking part in events in Washington, D.C. and across the United States to commemorate these momentous events in world history;

(4) honors the memory of those Vietnamese who lost their lives in that refugee exodus; and

(5) urges all citizens of the United States to share in remembering these events and working toward the full realization of freedom, democracy, and equality for all the people of Vietnam.

Vietnam: Religious Persecution Persists in Central Highlands
Religious Reforms Bypass Montagnard Christians

(New York, May 13, 2005) - New evidence shows that Vietnamese security forces are continuing to mistreat and arbitrarily detain Montagnards, indigenous hill people from the Central Highlands, Human Rights Watch said today in a new 16-page briefing paper.

Human Rights Watch said Vietnamese officials are also continuing to force Montagnard Christians to recant their faith.

Targeted in particular are those perceived as following "Dega Christianity," an unsanctioned form of evangelical Christianity followed by many Montagnards, who distrust government-controlled religious organizations and seek to manage their own affairs. The Vietnamese government has banned Dega Christianity and charges that it is not a religion but a separatist political movement.

"Montagnards who attempt to practice their religion independently still face assaults and live in fear," said Brad Adams, Asia director at Human Rights Watch. "The persecution of Montagnards for their religious beliefs and for their claims to ancestral lands continues unabated."

Human Rights Watch said that recent talks between Vietnam and the United States on Vietnam's designation by the U.S. as a "Country of Particular Concern" for religious persecution have produced some commitments by the Vietnamese government to allow greater religious freedom. Registration requirements for some churches have been loosened, and the Prime Minister has issued a regulation banning the forced renunciation of religious beliefs.

However, the regulation requires religious organizations to obtain government permission in order to operate. It states that only churches that have conducted "pure religious activities" since 1975 can register for official authorization. This effectively eliminates Montagnard house churches in the Central Highlands, most of which started up in the late 1980s and early 1990s. In an ominous tone, it instructs officials to publicly expose "disguised Protestants" and to "fight attempts by hostile forces to abuse Protestantism to incite people to act subversively."

According to recent eyewitness accounts obtained by Human Rights Watch, local authorities in the Central Highlands have used the new regulation as grounds to arrest Montagnards suspected of belonging to Christian groups that operate independently. Government officials in Cu Se district of Gia Lai province summoned Montagnards from many villages for all-day meetings at district headquarters, where they were warned not to follow Dega Christianity, and in some cases forced to sign pledges promising to abandon religion and politics. (The Evangelical Church of Vietnam/South (ECVN) is the only Protestant organization authorized by the government to operate in southern Vietnam.)

In March and April, security forces in several districts of Gia Lai conducted search operations in the forests and midnight raids on villages, in which they ransacked the homes of women whose husbands have gone into hiding. Some women and their children were beaten during these raids. Human Rights Watch said that Montagnards in hiding, as well as villagers suspected of providing food to them, continue to be arrested by police and soldiers. Those arrested include not only those perceived to be Dega Church members, but pastors affiliated with the ECVN and their relatives. Some of those arrested have been beaten or tortured in detention, according to credible eyewitness accounts.

"Recent commitments from the Vietnamese government on religious freedom are welcome, but only if they lead to an end to abuses," said Adams. "Vietnam should amend the regulations to allow full and unconditional religious freedom in order to end the official identification of religion as a threat to the state."

Human Rights Watch said that at this point, the reforms appear to be having the perverse effect of allowing government security forces to take fresh action against religious activists.

Human Rights Watch said that it also has received reports of mistreatment of Montagnards who voluntarily returned to Vietnam from refugee camps in Cambodia. According to these reports, at least four Montagnards who returned to Vietnam in March were detained for more than ten days upon return. During interrogation by police at the Gia Lai Provincial Police Station, one of the returnees was stabbed in the hand with a writing pen. Another was punched in the back, the third was hit in the stomach, and the fourth was slapped across the face. They were then escorted to their home villages by commune police and local officials, who placed them under surveillance.

In a recent Memorandum of Understanding signed with the United Nations High Commissioner for Refugees (UNHCR), Vietnam pledged that there would be no retaliation or mistreatment against individuals who return from Cambodia to Vietnam. However, Vietnam continues to deny international monitors unhindered access to the Central Highlands to check on the safety of returnees.

"The general mistreatment of Montagnards and the targeting of returnees from Cambodia makes it clear that Vietnam is not upholding the commitments it made to UNHCR in January," said Adams. "Hanoi must allow international monitors into the Central Highlands to ensure proper implementation of the agreement. Vietnam should stop denying that these abuses are happening and start showing the political will to end them."

Annex: Excerpted Case Examples from the Briefing Paper

On March 14, commune police summoned a villager from Ia Grai district, Gia Lai. He was interrogated and held in a dark, windowless room for one day, where he was asked about the leadership, practice, and membership of his religious group. He was told that he needed written permission from the district and commune in order to worship. He was warned that if he practiced religion without permission, he would be arrested again.

In late March, police in Dak Lak province arrested a Montagnard pastor who is a member of the ECVN and six relatives of another Montagnard pastor affiliated with the ECVN. Two of those arrested were subsequently released; one after facing public denunciation in which he was accused of having preached the gospel illegally and calling himself a pastor without government approval. The whereabouts of the other five remains unknown.

On April 26, Ia Grai district police officers in Gia Lai province delivered a written summons to three villagers, ordering them to report to commune headquarters. The police officers interrogated them and accused them of "heading the separation of the believers" and ordered them to cease their beliefs on the side of those who have "separated themselves from the church." The villagers reportedly admitted being among those who had separated from the church (presumably meaning the ECVN) and refused to abandon their faith. The officers slammed their fists on the table and threatened them with arrest. All three villagers were beaten by the police officers before being released and allowed to return to their homes. One was slapped across the face and jaw; another was punched in the chest; and the third was boxed in their ears.

In early April, a Montagnard from Cu Se district of Gia Lai was arrested and detained at the district police station. District police officers beat him, forced him to drink alcohol, and ordered him to stop believing in Jesus. They tied his feet and had him hold his arms straight out, crucifixion style, while they beat him with their hands and kicked him with their boots. When he lost consciousness they poured wine into his mouth. He was released that evening.

On February 25, two police officers from Ia To commune, Ia Grai District summoned two men and a woman for interrogation. They were asked whether they followed Dega Christianity or the "Christianity of [Prime Minister] Phan Van Khai". They were asked who in their village followed "the religion that is political" and where they worshiped, and ordered to cease following Dega Christianity. They did not agree to stop. The police hit one of the men with their fists and beat the second man until he lost consciousness. The three were released from detention the same day. They were threatened with arrest if they were caught practicing their religion again.

To read the briefing paper "Vietnam: Persecution of the Montagnards Continues" please see: http://hrw.org/backgrounder/asia/vietnam0505/

For more information, please contact:

In London, Brad Adams: + 44 20 7713 2767
In New York, Sam Zarifi: +1 212 216 1213
In Washington, Veena Siddharth: + 202 612 4341

Vietnam arrested monks during Bush talks-activists

24 Jun 2005 10:35:47 GMT

GENEVA, June 24 (Reuters) - Vietnamese authorities arrested a group of monks as Prime Minister Phan Van Khai discussed steps towards religious freedoms with U.S. President George W. Bush in Washington, a human rights group said on Friday.

About 10 monks were detained last Tuesday by plain-clothed security agents who prevented them from visiting Thich Huyen Quang, patriarch of the banned Unified Buddhist Church of Vietnam, according to the World Organisation against Torture.

"The agents then instructed the driver of the van to take the monks to the Go Gang police station where the monks remain in detention," the Geneva-based coalition of 300 human rights groups said in a statement.

It said it was "gravely concerned for the physical and psychological integrity of the monks as well as by the general climate of arbitrariness against UBCV monks".

Vietnamese officials were not immediately available for comment.

The movement's patriarch, accused of possessing state secrets, is barred from moving far from his monastery in Binh Dinh, 650 km (404 miles) north of Ho Chi Minh City.

But Hanoi denies that he is under house arrest or that it represses religion.

Bush, at talks in Washington on Tuesday, told Khai that more reforms on human rights and religious freedoms were needed in the country but that he supported its bid to join the World Trade Organisation (WTO).

The first visit by a Vietnamese prime minister since the Vietnam war ended 30 years ago, it was marked by protestors denouncing alleged repression of freedom of religion.

Bush noted that a "landmark agreement" was signed with Vietnam to make it easier for people to worship freely there.

The May 5 agreement commits Vietnam to implement new legislation on religious practice, allow churches to open, and end the detention of religious leaders.

The government permits six religious groups to operate, including a Buddhist one intended as a replacement for the Unified Buddhist Church which was officially disbanded in 1981.

A Step Backward for Vietnam

By LORETTA SANCHEZ
December 8, 2004

Last week, the government of the Socialist Republic of Vietnam formally denied my request to travel there on official government business for the U.S. House of Representatives. I was authorized to travel on behalf of the House Homeland Security Committee to discuss regional security initiatives, defense issues, trade, and human rights.

The official reason given by the Vietnamese National Assembly was that my visit would not "serve U.S.-Vietnam relations." The real reason? The Vietnamese government was afraid that my visit would shed light on a growing cancer within Vietnam that threatens to undermine the U.S.-Vietnam relationship: its systemic persecution of certain ethnic and religious groups, and its blatant refusal to afford universal human and religious rights to the people of Vietnam.

When the U.S.-Vietnam Bilateral Trade Agreement was signed in 2001, U.S. Trade Ambassador Robert Zoellick called it "an important step forward in bringing economic freedom and opportunity to Vietnam." Sadly, freedom and opportunity for Vietnamese citizens have actually faded in the years since.

In September, the U.S. State Department released its sixth annual Report on International Religious Freedom, adding Vietnam to a growing list of countries known as Countries of Particular Concern (CPC), or governments that engage in or tolerate gross infringements of religious freedom. This is not a designation that the State Department makes lightly. The only other countries that share this label are Burma, Sudan, North Korea, Iran, China, Saudi Arabia, and Eritrea -- a club of the world's most egregious human rights violators.

As the Congressional representative for the 47th district of California, home to one of the world's largest Vietnamese communities outside Vietnam, I co-founded the Congressional Caucus on Vietnam with the intention of raising awareness about the very issues that led to Vietnam's designation as a CPC.

Unlike most of the countries on the CPC list, Vietnam's economy is growing, and it is aggressively working toward becoming a fully integrated member of the global economy. It has taken steps toward market liberalization; its trade surplus with the U.S.