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. is growing ($3.2 billion in 2003, up from $1.8 billion in 2002) and, just last month, Vietnam signed a bilateral World Trade Organization agreement with the European Union.

Yet, as the Vietnamese government has loosened its stranglehold on the economy, it has tightened its grip on political power, denying basic political freedoms and human rights to the Vietnamese people.

Democracy and human rights advocates have suffered the most. In late December 2003, writer Nguyen Vu Binh was sentenced to seven years in prison, followed by three years of house arrest, 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 after he submitted testimony in July of 2002 to a joint Congressional Human Rights Caucus/Congressional Dialogue on Vietnam, a hearing that examined freedom of expression in Vietnam. Since when did the U.S. Congress become a reactionary organization?

On April 10 of this year, in what became know as the "Easter Crackdown," the Vietnamese government harshly responded to ethnic minority protests in the Central Highlands. Over the holiday, thousands of Montagnards gathered to protest ongoing religious repression and confiscation of tribal lands. Vietnamese government officials responded with force. Conservative reports indicate that a considerable number of people were imprisoned and hundreds were injured. And this was not the first time. Vietnam orchestrated a similar crackdown in December 2001, which ultimately led to the resettlement of 900 Montagnard refugees in the United States.

On November 12, 2004, the Vietnamese Government sentenced Rev. Nguyen Hong Quang, a human rights lawyer and democracy activist, to three years in prison for "resisting officers of the law while doing their duty." In truth, he had simply defended impoverished farmers in land-confiscation cases.

Unfortunately, the list goes on. The Vietnamese government continues to detain Catholic priest Thadeus Nguyen Van Ly, sentenced to 15 years in prison for his peaceful advocacy of religious freedom, this in the face of a U.S. Congressional resolution -- which I co-sponsored with Rep. Christopher Smith -- that called for Father Ly's immediate release. The resolution passed by a vote of 424-1. Furthermore, the U.N. Working Group on Arbitrary Detention has found that Father Ly is being held in violation of international law. Still, he remains in prison.

And so does prominent democracy advocate Dr. Nguyen Dan Que, who was sentenced to 30 months in prison for "abusing democratic rights" after sending information critical of the Vietnamese government to his brother in the U.S. from an Internet café.

The Vietnamese government stated that my visit would not serve U.S.-Vietnam relations, but I disagree. My goal is to establish a mature bilateral relationship that goes beyond trade to encompass a free and open dialogue on a range of issues. The United States should stand for transparency, the rule of law, and basic human rights in Vietnam. If the Vietnamese government disagrees with the points that I have raised, it should have jumped at the opportunity to welcome me to Vietnam to prove that things are, in fact, different. Unfortunately, its denial of my visa request reveals a portrait of a closed and repressive society, sketched by the examples I have given above -- a society that belongs in the CPC club, and not in international organizations like the WTO.

By denying a visa to a member of the United States Congress, Vietnam has demonstrated that it is not ready for a mature bilateral relationship, and is not ready to assume the position in the international community to which it aspires. I regret we have not progressed to this point. But relations between our two countries will never be close and completely normalized until the Vietnamese government joins the growing ranks of democratic nations that fully respect the fundamental human rights and religious liberties of its own people.

Ms. Sanchez is a member of the U.S. House of Representatives.

Sanchez Denied Entry to Vietnam
The congresswoman, a frequent critic of that nation's human rights record,
had hoped to meet with dissidents under house arrest.

By H.G. Reza
Los Angeles Times Staff Writer
December 4, 2004

Plans by Rep. Loretta Sanchez to meet with Vietnamese dissidents during her current trip to Southeast Asia have been blocked by authorities there.

A message posted on Vietnam's National Assembly website said the congresswoman was denied an entry visa because her visit "would not serve Vietnam-U.S. relations."

According to the announcement, U.S. Embassy officials in Hanoi were told Sanchez "lacks objectivity and goodwill toward Vietnam."

Sanchez (D-Anaheim), a frequent critic of Vietnam's human rights record, was in Thailand on Friday and unavailable for comment.

Sanchez spokeswoman Paula Negrete said Sanchez was traveling alone and had hoped to meet with several dissidents who were under house arrest.

She applied for a travel visa in May but never heard back from the Vietnamese.

This week, Vietnamese officials told the U.S. Embassy in Hanoi that Sanchez would not be allowed in the country.

Negrete said Sanchez visited Vietnam in 1999 as part of a congressional delegation and the following year as a member of a congressional party accompanying President Clinton.

She met with dissidents on both occasions, Negrete said.

In a written statement issued by her office, Sanchez said she was disappointed Vietnamese officials refused her entry but was not surprised, saying that the government "has proved its intolerance in dealing with people who do not share its point of view."

Sanchez, a member of the Congressional Vietnam Caucus, represents the largest expatriate Vietnamese community in the United States.

Negrete said Sanchez met with Thai officials to discuss the smuggling of people into the United States who end up working as virtual slaves or sex workers.

Vietnam: Attack on Mennonites Highlights Religious Persecution

For Immediate Release:

(New York, October 22, 2004) – Vietnam’s recent demolition of a Mennonite chapel in Kontum province highlights the country’s intensifying campaign against religious freedom, Human Rights Watch said today. A new law expected to go into effect in November bans any religious activity deemed to threaten national security, public order or national unity.

The recent attacks on the Mennonites, a Protestant denomination not recognized by the government, occurred against a backdrop of a crackdown on independent religious groups, in particular members of the Unified Buddhist Church of Vietnam and ethnic minority Protestants in the northern and central highlands. During the last year, several protestant pastors and independent Buddhist monks have been detained and their places of worship shut down, cordoned off, or placed under surveillance. At least two Catholic priests and one Catholic layperson are serving long prison sentences for holding training courses and distributing books or leaflets.

The Vietnamese government bans independent religious associations and only permits religious activities by officially-recognized churches and organizations whose governing boards are approved and controlled by government. The Mennonite Church is not officially sanctioned by the government

“Bulldozing a Mennonite chapel is just one aspect of the Vietnamese government’s crackdown on freedom of religion,” said Brad Adams, executive director of Human Rights Watch’s Asia Division. “Whether through legislation or through violence, the government has shown it is increasingly unwilling to tolerate religious practice outside its strict control.”

On the morning of September 24, more than 200 officials, including paramilitary police from Unit 113, descended on the chapel and home of Pastor Nguyen Cong Chinh in Kontum province. Pastor Chinh is superintendent of the Mennonite churches in the Central Highlands. The attack marked the second time the chapel was destroyed this year. On January 16, authorities bulldozed the same chapel, which doubles as Pastor Chinh’s residence.

In the September 24 attack, government officials confiscated Chinh’s property and farm animals, set fire to the house and chapel, and then used two bulldozers to flatten the remains. Chinh was out on a pastoral visit at the time, but his wife and children were arrested by officials and detained at Vinh Quang district headquarters from 9:30 am to 4:30 pm that day. Mrs. Chinh, who is seven months pregnant, reported being hit in the stomach and stepped on while in custody. Chinh reportedly went into hiding after returning to the scene briefly after the destruction was complete.

“All that remains of the Mennonite chapel in the Central Highlands is a cement floor,” wrote Pastor Chinh in a letter dated September 25. “Many questions about this action await answers by leaders in Vietnam and abroad – this action which so seriously violates our human rights and religious freedom in a brazen way.”

A new Ordinance on Religious Beliefs and Religious Organizations, passed by Vietnam’s National Assembly last June, is expected to go into effect in November. Its first article, quoting Vietnam’s Constitution, pays lip service to freedom of religion, but most of the remaining articles restrict that freedom and expand government controls over religion. The Ordinance also bans religious activities based on vague standards of national security. (To read the Ordinance, please see: http://hrw.org/english/docs/2004/10/21/vietna9551.htm.)

The Ordinance, which applies to all religious activity in Vietnam, requires religious leaders to follow the principle of “national unity” and to educate their followers about patriotism. “The proposed ordinance on religious beliefs formalizes the serious restrictions already imposed on religious practice in Vietnam,” Adams said. “This legislation impermissibly imposes the government’s political goals on religious practice in Vietnam.”

In late September, leaders of Vietnam’s unregistered house church organizations, including some of the Mennonite churches, petitioned the head of the National Assembly and other top officials about their strong concerns that the new legislation will provide a legal basis to permanently outlaw their organizations.

“Thousands of Vietnamese citizens are being persecuted simply because they want to worship outside government restrictions,” Adams said. “The government has not made any credible charges that the Mennonite church constitutes a threat to national security – this is just about control over public life.”

Background on Crackdown on Mennonites in Vietnam

The Mennonite Central Committee, which is the social service arm of the Mennonite Church, was one of the very few western charitable organizations to continue work in Vietnam in the immediate aftermath of the communist victory in 1975 and the reunification of the country shortly thereafter. However, members of the banned Mennonite church have come under increasing pressure from the government in recent years. On May 15, 2004, authorities arrested Mennonite Pastor Ksor No, head of the congregation in Ia Grai district, Gia Lai. The reason for his arrest is not known; authorities presented no warrant or document to his family to inform them why he had been arrested.

In June, Pastor Nguyen Hong Quang, an outspoken Mennonite church leader in Ho Chi Minh City, was arrested after publicly criticizing the government for detaining four Mennonites three months earlier. Quang, who is trained as a lawyer, has defended farmers’ land rights cases, spoken out against the arrests of religious and political dissidents, and publicized the plight of minority Christian churches in the Central Highlands. Many of his critical writings have been disseminated on the Internet in both Vietnamese and English.

In 2002 and 2003 Human Rights Watch received several reports about police ransacking the homes of Mennonite believers and confiscating Bibles in Kontum. Officials have withheld the residence permit (ho khau in Vietnamese) of Pastor Chinh and other Mennonites, which makes it difficult to legally find work, travel, and rent or own a home. In addition, local vigilantes in Kontum have reportedly beaten Mennonite workers and arranged hit-and-run motorcycle “accidents” to intimidate members of the church and pressure them to renounce their faith.

In September 2004, the US State Department designated Vietnam as a “Country of Particular Concern” because of what it called Vietnam’s “particularly severe violations of religious freedom.” The European Union and Japan have also expressed concern about repression of religious and political rights in Vietnam. In October, more than 100 members of the European Parliament called on the EU and EC to highlight Vietnam’s human rights record during meetings of the Asia-Europe Economic Summit (ASEM) held in Hanoi. During the meetings the Dutch Foreign Minister, on behalf of the EU, called for the release of political and religious prisoners.

For more information, please contact:

In New York, Brad Adams: +1 212 216 1228
In London, Urmi Shah: +44 207 713 2788
In Brussels, Vanessa Saenen: +322 732 2009

Imprisoned journalist Pham Hong Son requires medical attention

Committee to Protect Journalists

New York, September 15, 2004-The Committee to Protect Journalists is deeply concerned about the deteriorating health of imprisoned writer Pham Hong Son, who was arrested in 2002 after using the Internet to distribute essays advocating democracy and human rights. Son is in very poor health and has been kept in solitary confinement for the last year, his wife recently told the Vietnamese service of the U.S. government-funded Radio Free Asia (RFA).

“The harsh conditions of Pham Hong Son’s imprisonment add to the cruel tally of human costs in Vietnam’s continued repression of the media,” said CPJ Executive Director Ann Cooper. “Authorities should release him immediately and without condition and give him access to urgently needed medical attention as soon as possible.”

Son’s wife, Vu Thuy Ha, told RFA that her husband is suffering from a hernia, a condition that requires immediate treatment. Ha reported that on her last visit with him, in August 2004, Son told her that he had been confined to a windowless cell since August 2003.

Dr. Lam Thu Van, a former surgeon and vice chair of the Vietnam Human Rights Network, said that Son’s condition could lead to fatal complications if he does not receive surgery.

According to Ha, authorities notified her in early September that Son was transferred to a remote prison in Thanh Hoa Province, making visits more difficult.

Son was imprisoned on March 27, 2002. Prior to his arrest, Son translated into Vietnamese and posted an essay titled “What is Democracy?” (The article first appeared on the U.S. State Department’s Web site.) Son, a medical doctor, had previously written several essays promoting democracy and human rights, all of which appeared on Vietnamese-language online forums.

Son’s original sentence of 13 years’ imprisonment on espionage charges was later reduced on appeal to a five-year sentence, plus an additional three years of house arrest, in August 2003.

Son is one of three journalists currently behind bars in Vietnam for writing or distributing their work online. The other journalists are Nguyen Vu Binh and Nguyen Dan Que.

CPJ is a New York-based, independent, nonprofit organization that works to safeguard press freedom worldwide. For more information about press conditions in Vietnam, visit www.cpj.org.

Abi Wright
Asia Program Coordinator
Committee to Protect Journalists
212-465-1004 x140
www.cpj.org

New U.S. ambassador praises growing ties with Vietnam,
calls on
Hanoi to improve human rights

The Associated Press - September 29, 2004.

The new U.S. ambassador to Vietnam praised the former foes' expanding diplomatic and trade ties but called on Hanoi to improve its human rights record in his first major speech since taking the post. Michael W. Marine told members of the American Chamber of Commerce on Tuesday that he is pleased with the economic and political progress since the two countries established diplomatic ties in 1995. Bilateral trade has exploded to nearly US$6 billion since the passage of a trade pact in 2001, and a civil aviation deal inked last December will allow the first direct U.S.-to-Vietnam flights later this year, he noted.

But Marine also expressed concern about Vietnam's restrictions on religious freedom and political dissent. "As I vigorously seek to advance our economic and commercial agenda with Vietnam, I will also continue to seek tangible progress from Vietnam in the areas of human rights and religious freedom, areas that must improve if relations between our two countries are to continue to blossom," Marine said in his speech, posted Wednesday on the U.S. Embassy Web site.

Earlier this month, Vietnam was designated a "country of particular concern" in an annual report by the U.S. State Department. The category is reserved for the world's worst offenders of religious freedom. This was the first time Vietnam was placed on the list, which could carry economic sanctions. "While we recognize that Vietnam has made progress in this area, the plain fact is that a not insignificant number of Vietnam's citizens are not free to worship and practice as they would like," he said. "And, this is something we cannot ignore." Vietnam recognizes only a handful of state-supervised religions and has received heavy criticism from international rights groups, the European Union and the United States for jailing political and religious dissidents.

Marine, 57, a career foreign service officer, is the third U.S. ambassador to serve in Hanoi since the end of the Vietnam War. Before arriving this month, he served as deputy chief of mission in Beijing. Marine previously visited Vietnam in 1988-1990, when he was working on the U.S. quest to recover American servicemen missing from the Vietnam War and other humanitarian issues. Vietnamese cooperation on that issue paved the way for reconciliation with the United States in the mid-1990s.

Vietnam is designated as a "Country of Particular Concern"

International Religious Freedom Report 2004
Released by the Bureau of Democracy, Human Rights, and Labor

Both the Constitution and government decrees provide for freedom of worship; however, the Government continued to restrict significantly those publicly organized activities of religious groups that were not recognized by the Government, or that it declared to be at variance with state laws and policies. Although some nonrecognized groups faced relatively few restrictions in practice, their status remained technically illegal. The Government generally allowed persons to practice individual worship in the religion of their choice, and participation in religious activities throughout the country continued to grow significantly; however, strict restrictions on the hierarchies and clergy of religious groups remained in place. The Government maintained supervisory control of the recognized religions, in part because the Communist Party (CPV) fears that not only organized religion but any organized group outside its control or supervision may weaken its authority and influence by serving as political, social, and spiritual alternatives to the authority of the Government.

Respect for religious freedom remained fundamentally unchanged; while it slightly improved in practice for many practitioners, it remained poor or even deteriorated for some groups, notably ethnic minority Protestants and some independent Buddhists. In 2003, the CPV and Government moved more formally to recognize and support more fully the role of "legal" religious activity in society. At the same time, the CPV cited the overriding importance of "national unity" to assert more explicitly its control over religious groups. Official government recognition is required for all religious groups (as well as for social organizations) to operate legally; those without official status, especially certain sects and denominations of Buddhists, Protestants, Hoa Hao, and Cao Dai, operated illegally. Oversight of recognized religions and harassment or repression of followers of nonrecognized religions varied from locality to locality, often as a result of varying local interpretations of national policy. These restrictions were particularly stringent in the Central and Northwest Highlands during the period covered by this report, although the numbers of religious believers in those locations nonetheless continued to grow. Religious groups faced restrictions on training and ordaining clergy, and on conducting educational and humanitarian activities. Religious figures encountered the greatest restrictions when they engaged in activities that the CPV perceived as political activism or a challenge to its rule. In December 2003, the Government issued a decree that called for the "normalization" of activities of the Southern Evangelical Church in the Central Highlands and Binh Phuoc Province, including the continued registration of new churches, but actual implementation at the local level remained unclear and the number of legal churches in the region remained very low. Most of the several hundred Protestant house churches in the region that had been ordered to shut down in 2001 remained officially closed and unrecognized. There have been credible reports for several years that officials have continued to pressure many ethnic minority Protestants to recant their faith, usually unsuccessfully. According to credible reports, the police arbitrarily detained and sometimes beat religious believers, particularly in the mountainous ethnic minority areas. During the period covered by this report, one Protestant leader in the Northwest Highlands reportedly was beaten to death for refusing to recant his faith. Another Protestant leader reportedly was beaten to death in 2002. The Government specifically denied these allegations.

On April 10, ethnic minority protests took place in the Central Highlands. Several foreign organizations alleged that the protests were largely sparked by lack of religious freedom. Many Protestant and Catholic leaders in the Central Highlands claimed the reasons were more complicated, but they acknowledged that restrictions on religion added to an already volatile situation caused by land disputes, local corruption, and historical discrimination in education and employment. Credible reports as well as government accusations pointed to mobilization of the demonstrations by overseas groups with political or separatist agendas. Religious practice and observance generally was less restricted in other parts of the country.

In October 2003, authorities detained many of the leaders of the banned Unified Buddhist Church of Vietnam (UBCV) after they held an organizational meeting without government permission in Binh Dinh Province. Among the persons detained were several who had been freed from detention a few months earlier. Four of the UBCV's leading members subsequently were sentenced to "administrative detention" without trial, while others, including Patriarch Thich Huyen Quang and deputy leader Thich Quang Do, remained under conditions resembling house arrest at their pagodas without officially being charged or sentenced. However, they were able to receive some visitors and conduct some religious activities and training, as evidenced by several large celebrations in honor of the Buddha's birthday at some UBCV pagodas on June 1; however, they were restricted from leaving their pagodas. The estimated number of prisoners and detainees held for religious reasons was at least 45, with a minimum of 11 more held in conditions resembling house arrest.

The relationship among religions in society generally is amicable. In various parts of the country, there were modest levels of cooperation and dialogue between Catholics and Protestants, Catholics and Cao Dai, Buddhists and Hoa Hao, and Buddhists and Cao Dai. Religious figures from most major recognized religions participated in official bodies such as the Vietnam Fatherland Front and the National Assembly.

The U.S. Embassy in Hanoi and the U.S. Consulate General in Ho Chi Minh City (HCMC) maintained an active and regular dialogue with senior and working-level government officials to advocate greater religious freedom. The U.S. Ambassador and other U.S. officials, including the Ambassador at Large for Religious Freedom, raised concerns about the repression of Protestantism in the Central and Northwest Highlands, detention and arrest of religious figures, and other restrictions on religious freedom with government cabinet ministers up to the level of Deputy Prime Minister, CPV leaders, provincial officials, and others. Intervention by the U.S. Government may have prompted the Government to moderate treatment of some ethnic minority Protestants in some Central Highlands provinces, as well as to promote some liberalization of government treatment of other religions. In September 2004, the Secretary of State designated Vietnam as a "Country of Particular Concern" under the International Religious Freedom Act for particularly severe violations of religious freedom.

Section I. Religious Demography

The country has a total area of approximately 127,000 square miles, and its population is approximately 80 million. The Government officially recognizes one Buddhist organization (Buddhists make up approximately 50 percent of the population), the Roman Catholic Church (8 to 10 percent of the population), several Cao Dai organizations (1.5 to 3 percent of the population), one Hoa Hao organization (1.5 to 4 percent of the population), two Protestant organizations (.5 to 2 percent of the population), and one Muslim organization (0.1 percent of the population). Many believers belong to organizations that are not officially recognized by the Government. Most other Vietnamese citizens consider themselves nonreligious.

Among the country's religious communities, Buddhism is the dominant religious belief. Many Buddhists practice an amalgam of Mahayana Buddhism, Taoism, and Confucian traditions that sometimes is called the country's "triple religion." Some estimates suggest that more than half of the population is at least nominally Buddhist. Buddhists typically visit pagodas on festival days and have a worldview that is shaped in part by Buddhism, but in reality these beliefs often rely on a very expansive definition of the faith. Many individuals, especially among the ethnic majority Kinh, who may not consider themselves Buddhist, nonetheless follow traditional Confucian and Taoist practices and often visit Buddhist temples. One prominent Buddhist official has estimated that approximately 30 percent of Buddhists are devout and practice their faith regularly. The Office of Religious Affairs uses a much lower estimate of 11 percent (9 million) practicing Buddhists. Mahayana Buddhists, most of whom are part of the ethnic Kinh majority, are found throughout the country, especially in the populous areas of the northern and southern delta regions. There are fewer Buddhists, proportionately, in certain highland areas, although migration of Kinh to highland areas is changing the distribution somewhat. Mahayana Buddhist monks in the country historically have engaged on occasion in political and social issues, most notably during the 1960s, when some monks campaigned for peace and against perceived injustices in the former Republic of Vietnam. A Khmer ethnic minority in the south practices Theravada Buddhism. Numbering just over 1 million persons, they live almost exclusively in the Mekong Delta.

There are an estimated 6 to 8 million Roman Catholics in the country, although official government statistics put the number at 5,300,000. French missionaries introduced the religion in the 17th century. In the 1940s, priests in the large Catholic dioceses of Phat Diem and Bui Chu, to the southeast of Hanoi, organized a political association with a militia that fought against the Communist guerrillas until defeated in 1954. Hundreds of thousands of Catholics from the northern part of the country fled to Saigon and the surrounding areas ahead of the 1954 partition of North and South. Catholics live throughout the country, but the largest concentrations remain in the southern provinces around HCMC and in the provinces southeast of Hanoi. Catholicism has revived in many areas, with newly rebuilt or renovated churches in recent years and growing numbers of persons who want to be religious workers. The proportion of Catholics in the population of some provinces appears to be increasing modestly. Long-vacant bishoprics have been filled by the Vatican, with government approval, in the past several years, and in 2003 a new Vietnamese cardinal was named by the Vatican, apparently with government agreement but not prior approval. However, the Government continues to control and restrict the numbers of seminarians and screen all candidates upon application and graduation.

Estimates of the number of Protestants in the country range from the official government figure of 421,000 to claims by churches of 1,600,000 or more. Protestantism in the country dates from 1911, when a Canadian evangelist from the Christian and Missionary Alliance arrived in Da Nang. There are estimates that the growth of Protestant believers has been as much as 600 percent over the past decade, despite continued government restrictions on proselytizing activities. Many of these persons belong to unregistered evangelical house churches primarily in rural villages and ethnic minority areas. Based on believers' estimates, two-thirds of Protestants are members of ethnic minorities, including Hmong, Thai, and other ethnic minorities (an estimated 200,000 followers) in the Northwest Highlands, and some 350,000 members of ethnic minority groups of the Central Highlands (Ede, Jarai, Bahnar, and Koho, among others). The house church movement in the Northwest was sparked in part by Hmong language radio broadcasts from the Philippines beginning in the late 1980s. In more recent years, missionaries, mostly ethnic Hmong, have increased evangelism in the area.

The Cao Dai religion was founded in 1926 in the southern part of the country. Official government statistics put the number of Cao Dai at 2.2 million, although Cao Dai officials routinely claim as many as 4 million adherents. Cao Dai groups are most active in Tay Ninh Province, where the Cao Dai "Holy See" is located, and in HCMC and the Mekong Delta. There are 13 separate groups within the Cao Dai religion; the largest is the Tay Ninh sect, which represents more than half of all Cao Dai believers. The Cao Dai religion is syncretistic, combining elements of many faiths. Its basic belief system is influenced strongly by Mahayana Buddhism, although it recognizes a diverse array of persons who have conveyed divine revelation, including Siddhartha, Jesus, Lao-Tse, Confucius, and Moses. During the 1940s and 1950s, the Cao Dai participated in political and military activities. Their opposition to the Communist forces until 1975 was a factor in repression after 1975. A small Cao Dai organization, the Thien Tien branch, was formally recognized in 1995. The Tay Ninh Cao Dai branch was granted legal recognition in 1997.

The Hoa Hao branch of Buddhism was founded in the southern part of the country in 1939. Hoa Hao is largely a quietist faith, emphasizing private acts of worship and devotion; it does not have a priesthood and rejects many of the ceremonial aspects of mainstream Buddhism. According to the Office of Religious Affairs, there are 1.3 million Hoa Hao followers; affiliated expatriate groups estimate that there may be up to 3 million followers. Hoa Hao followers are concentrated in the Mekong Delta, particularly in provinces such as An Giang, where the Hoa Hao were dominant as a political and military as well as a religious force before 1975. Elements of the Hoa Hao were among the last to surrender to Communist forces in the Mekong Delta in the summer of 1975. The government-recognized Hoa Hao Administrative Committee was organized in 1999.

Mosques serving the country's small Muslim population, estimated at 65,000 persons, operate in western An Giang Province, HCMC, Hanoi, and provinces in the southern coastal part of the country. The Muslim community is composed mainly of ethnic Cham, although in HCMC and An Giang Province it includes some ethnic Vietnamese and migrants originally from Malaysia, Indonesia, and India. Approximately half of the Muslims in the country practice Sunni Islam. Sunni Muslims are concentrated in five locations around the country. An estimated 15,000 live in Tan Chau district of western An Giang Province, which borders Cambodia. Nearly 3,000 live in western Tay Ninh Province, which also borders Cambodia. More than 5,000 Muslims reside in HCMC, with 2,000 residing in neighboring Dong Nai Province. Another 5,000 live in the south central coastal provinces of Ninh Thuan and Binh Thuan. Approximately 50 percent of Muslims practice Bani Islam, a type of Islam unique to the ethnic Cham who live on the central coast of the country. Bani clerics fast during Ramadan; ordinary Bani followers do not. The Bani Koran is an abridged version of approximately 20 pages, written in the Cham language. The Bani also continue to participate in certain traditional Cham festivals, which include prayers to Hindu gods and traditional Cham "mother goddesses." Both groups of Muslims appear to be on cordial terms with the Government and are able to practice their faith freely. They have limited contact with Muslims in foreign countries, such as Malaysia.

There are several smaller religious communities not recognized by the Government, the largest of which is the Hindu community. Approximately 50,000 ethnic Cham in the south-central coastal area practice a devotional form of Hinduism. Another 4,000 Hindus live in HCMC; some are ethnic Cham but most are Indian or of mixed Indian-Vietnamese descent.

There are an estimated 6,000 to 8,000 members of the Baha'i Faith, largely concentrated in the south, a number of whom are foreign-born. Prior to 1975, there were an estimated 200,000 believers, according to Baha'i officials. Some Baha'i members in HCMC were allowed to hold a quiet ceremony to mark the 50th Anniversary of the Baha'i faith in the country on May 22.

There are several hundred members of the Church of Jesus Christ of Latter-day Saints (Mormons) who are spread throughout the country but live primarily in HCMC and Hanoi. Some are pre-1975 converts, while others became Mormons while living in Cambodia.

At least 10 active but unofficially unrecognized congregations of Jehovah's Witnesses, with several hundred members, are present in the country. Most of the congregations are in the south, with five in HCMC.

Of the country's approximately 80 million citizens, 14 million or more reportedly do not practice any organized religion. Some sources strictly define those considered to be practicing Buddhists, excluding those whose activities are limited to visiting pagodas on ceremonial holidays. Using this definition, the number of nonreligious persons would be much higher, perhaps as high as 50 million. No statistics are available on the level of participation in formal religious services, but it generally is acknowledged that this number has continued to increase from the early 1990s.

Ethnic minorities constitute approximately 14 percent of the overall population. The minorities historically have practiced sets of traditional beliefs different from those of the ethnic majority Kinh. Except for the Khmer and the Cham, most minorities are more likely to be Protestant than the majority Kinh, although many ethnic minority Protestants continue to observe some traditional animist practices.

Several dozen foreign missionary groups throughout the country are engaged in developmental, humanitarian, educational, and relief efforts. These organizations legally are registered as nongovernmental organizations (NGOs) providing humanitarian assistance. Foreign missionaries legally are not permitted to proselytize or perform religious activities. To work in the country, they must be registered with the Government as an international NGO. Undeclared missionaries from several countries are active in the country.

Section II. Status of Religious Freedom

Legal/Policy Framework

The Constitution, government decrees, and a January 2003 CPV Central Committee resolution on religion provide for freedom of belief and worship as well as of nonbelief; however, the Government continued to restrict significantly those organized activities of religious groups that it regarded to be at variance with state laws and policies or a challenge to Party authority. The Government generally allowed persons to practice individual worship freely and to participate in public worship under the leadership of any of the major recognized religions. In some localities, authorities also tacitly allowed many members of unregistered religious groups to practice their faith freely. Participation in religious activities throughout the country continued to grow significantly. However, the Government continued its close oversight and control over religious hierarchies, organized religious activities, and other activities of religious groups. While the Office on Religious Affairs supervises recognized religious bodies and is tasked with protecting their rights, in practice there are few effective legal remedies for violations of religious freedom committed by government officials.

The constitutional right of freedom of belief and religion is interpreted and enforced unevenly. In some areas, local officials allow relatively wide latitude to believers; in other provinces in the north, the Northwest Highlands, the Central Highlands, and the central coast, religious members of nonrecognized entities sometimes undergo significant harassment or repression and are subject to the whims and prejudices of local officials in their respective jurisdictions. This particularly was true for Protestants in highland areas, many of whose requests for affiliation with one of the two recognized Protestant organizations have not been approved by the Government.

There are no known cases in recent years in which the courts acted to interpret laws to protect a person's right to religious freedom. National security and national solidarity provisions in the Constitution override guarantees of religious freedom, and these provisions reportedly have been used to impede religious gatherings and the spread of religion to certain ethnic groups. The penal code, as amended in 1997, established penalties for offenses that are defined only vaguely, including "attempting to undermine national unity" by promoting "division between religious believers and nonbelievers." In some cases, particularly involving Hmong and Montagnard Protestants and Hoa Hao adherents, when authorities charged persons with practicing religion illegally, they used Article 258 of the Penal Code that allowed for jail terms of up to 3 years for "abus[ing] the rights to freedom of speech, freedom of press, freedom of belief, religion, assembly, association and other democratic freedoms to infringe upon the interests of the State."

A 1997 directive on administrative probation gives national and local security officials broad powers to detain and monitor citizens and control where they live and work for up to 2 years if they are believed to be threatening "national security." In their implementation of administrative probation, some local authorities held persons under conditions resembling house arrest. The authorities use administrative probation as a means of controlling persons whom they believe hold independent and potentially subversive opinions. Some local authorities cite "abuse of religious freedom" as a reason to impose administrative probation. Two-year administrative probation terms were placed on four UBCV leaders during the period covered by this report.

The Government does not favor a particular religion, and virtually all senior government and CPV officials as well as the vast majority of National Assembly delegates are formally "without religion," although many openly practice traditional ancestor worship and Buddhism. The prominent traditional position of Buddhism does not affect religious freedom for others adversely, including those who wish not to practice a religion. The Constitution expressly protects the right of "nonbelief" as well as "belief."

The Government requires religious and other groups to register and uses this process to monitor and control religious organizations, as it does with all social organizations. The Government officially recognizes Buddhist, Roman Catholic, Protestant, Hoa Hao, Cao Dai, and Muslim religious organizations. Individual congregations within each of these religious groups must be registered as well. Some leaders of Buddhist, Protestant, Hoa Hao, and Cao Dai organizations and many believers of these religions do not recognize or participate in the government-approved associations. Some, especially Protestant denominations, have requested official recognition of their own independent organizations, so far unsuccessfully. Their activities, and those of the unregistered Protestant house churches, are considered illegal by the authorities, and members of these groups sometimes experience harassment or repression as a result. Other Protestant house churches are seeking affiliation with one of the two existing recognized organizations. Under the law, only those activities and organizations expressly sanctioned by the Government are deemed to be legal. To obtain official recognition, a group must obtain government approval of its leadership, its structure, and the overall scope of its activities. Recognized religious groups in principle are allowed to open, operate, and refurbish places of worship, train religious leaders, and obtain permission for the publication of materials.

Officially recognized religious organizations are able to operate openly in most parts of the country, and followers of these religions are able to worship without harassment. Officially recognized organizations must consult with the Government about their operations, including leadership selection, although not about their basic articles of faith. While the Government does not directly appoint the leadership of the official religious organizations, to varying degrees it plays an influential role in shaping the process of selection and must approve investitures of religious titles. The Government's influence varies by level of the title, religion, and local authority. For example, the power to approve a religious office holder below the provincial level lies with the provincial authorities. Higher-level officials receive much closer scrutiny. Decree 26 from 1999 explicitly gives the Government the power to approve all holders of religious offices; the Government effectively, but not explicitly, has veto power. In general, religious bodies are confined to dealing specifically with spiritual and organizational matters and are restricted in the other activities, such as charitable programs, that they can conduct.

On June 18, the National Assembly's Standing Committee passed an Ordinance on Belief and Religion, which will take effect in November. The ordinance reiterates citizens' right to freedom of belief, religion, and freedom not to follow a religion, and it states that violation of these freedoms is prohibited. It advises, however, that "abuse" of freedom of belief or religion "to undermine the country's peace, independence, and unity" is illegal and warns that religious activities must be suspended if they negatively affect the cultural traditions of the nation. The ordinance also reiterates the principle of government control and oversight of religious organizations, specifying that religious groups must be recognized by the Government and must seek approval from authorities for many activities, including the training of clergy, construction of religious facilities, preaching outside a specifically recognized facility, and evangelizing. Many activities, including promotion and transfer of clergy and annual activities of religious groups, appear to be held under the new ordinance to the lower standard of "registration" with the Government, rather than approval. The ordinance encourages religious organizations to engage in certain charitable activities.

Over the past several years, the Government has accorded much greater latitude to followers of recognized religious organizations, and the majority of the country's religious followers have continued to benefit from this development. The Government and CPV have held conferences to discuss and publicize religious decrees that reaffirm the right to believe but reiterate the need for all religious activities to be "legal," thus mandating government oversight. Nonetheless, the Office of Religious Affairs and the CPV's Mass Mobilization Commission have met with house church leaders from HCMC and the Central Highlands, as well as with leaders of other unrecognized religious groups.

Religious organizations must register their regular activities with the authorities annually. Religious organizations must in theory obtain permission to hold training seminars, conventions, and celebrations outside the regular religious calendar; to build or remodel places of worship; to engage in charitable activities or operate religious schools; and to train, ordain, promote, or transfer clergy. They also must obtain permission for large mass gatherings, as do nonreligious groups. Many of these restrictive powers lie principally with provincial or municipal people's committees, and local treatment of religious persons varies widely.

The degree of government oversight of church activities varied greatly among localities. In some areas, especially in the south, Catholic priests and nuns operated kindergartens, orphanages, vocational training centers, and clinics, and engaged in a variety of other humanitarian projects. In HCMC the Catholic Church is involved in running HIV/AIDS hospices and treatment centers, and providing counseling to young persons. Buddhist groups engaged in humanitarian activities, including counternarcotics programs, in many parts of the country. The Hoa Hao organization reported that it engaged in numerous charitable activities and local development projects. Foreign missionaries and religious organizations are not allowed to operate as such in the country. Some religiously affiliated international NGOs are registered with the Government to carry out humanitarian assistance. They may not engage in proselytizing. Catholic and Buddhist groups are allowed to provide religious education to children. Children also are taught religion and language at Khmer Buddhist pagodas and at mosques outside regular classroom hours.

In 2001, the Government recognized the Southern Evangelical Church of Vietnam (SECV). The SECV has affiliated churches in all of the southern provinces of the country, but administrative boards in five provinces and HCMC remain not formally recognized. In February 2003, the SECV opened a government-sanctioned theological school in HCMC with 50 students. Since December 2003, 10 additional SECV congregations have been officially recognized in the Central Highlands.

The northern branch of the Evangelical Church of Vietnam (ECVN) has been recognized since 1963 and officially has 15 approved churches in the northern part of the country. The ECVN also has issued papers of affiliation to over 800 ethnic-minority house churches in the northern and northwestern parts of the country, although it has not formally applied for official recognition for any of these churches. The ECVN has not been allowed freely to hold a national convention since 1988. During much of the period covered by this report, the ECVN engaged in discussions with the Government about holding a new convention. Despite progress, these discussions ultimately stalled as a result of ongoing government restrictions.

Because of the lack of meaningful due process in the legal system, the actions of religious adherents are subject to the discretion of local officials in their respective jurisdictions. There are no significant punishments for government officials who do not follow laws protecting religious practice, although a new law provides channels for citizens to seek payments for miscarriages of justice. There are no known recent cases in which the courts acted to interpret laws to protect a person's right to religious freedom.

There are no specific religious national holidays.

The Office of Religious Affairs occasionally hosts meetings for leaders of diverse religious traditions to address religious matters, and during the period covered by this report it had training sessions on religious freedom and "normal" practices for officials in the Central Highlands. The local branch in HCMC also has hosted training on religion for local officials over the past few years, with assistance from local clergy.

Restrictions on Religious Freedom

The Government continued to maintain broad legal and policy restrictions on religious freedom, although in many areas Buddhists, Catholics, Protestants, Hoa Hao, Cao Dai, and the Government itself reported an increase in religious activity and observance. Operational and organizational restrictions on the hierarchies and clergy of recognized religious groups remained in place. Religious groups frequently faced difficulties in obtaining teaching materials, expanding training facilities, publishing religious materials, and expanding the number of clergy in religious training in response to increased demand from congregations, although enforcement of these types of restrictions appears to have been easing gradually for several years.

The Government continued to ban and actively discourage participation in what it regards as illegal religious groups, including the UBCV and Protestant house churches, as well as the unapproved Hoa Hao and Cao Dai groups. The withholding of official recognition of religious bodies is one of the means by which the Government actively attempts to restrict some types of religious activities. Religious and organizational activities by UBCV monks are illegal. Many evangelical house churches do not attempt to register because they believe that their applications would be denied, or because they want to avoid any semblance of government control. Some recognized religious groups carry out underground religious activities that they do not report to the Government and have faced little or no harassment. Some nonrecognized Protestant groups also conduct religious services and training without noticeable restriction from the Government.

The Government requires all Buddhist monks to be approved by and work under the officially recognized Buddhist organization, the Vietnam Buddhist Sangha (VBS). The Government influenced the selection of the leadership of the VBS, excluding many leaders and supporters of the pre-1975 UBCV organization. The number of Buddhist seminarians is controlled and limited by the Office of Religions Affairs, although the number of Buddhist academies at the local and provincial levels has increased in recent years in addition to several university-equivalent academies. Khmer Theravada Buddhists are allowed a somewhat separate identity within VBS. The Government continued to oppose efforts by the unrecognized UBCV to operate independently. In early October 2003, senior monks of the UBCV held an organizational meeting without government permission at a monastery in Binh Dinh Province. Subsequent to the meeting, four leading monks of the church--Thich Tue Sy, Thich Nguyen Ly, Thich Thanh Huyen, and Thich Dong Tho -- were detained and sentenced without trial to 2 years' "administrative detention" in their respective pagodas. Many other leading members, including Thich Vien Dinh, Thich Thien Hanh, Thich Nguyen Vuong, and Thich Thai Hoa, have been placed under conditions similar to house arrest, despite the lack of any charges against them. Patriarch Thich Huyen Quang and deputy leader Thich Quang Do have been placed under similar, house arrest-like restrictions, although the Government does not appear to be investigating its allegations of "possession of state secrets" against them. Previously, restrictions on Thich Huyen Quang and Thich Quang Do had been lessened in early 2003, such as when Thich Huyen Quang traveled to Hanoi for medical treatment in March 2003 and met Prime Minister Phan Van Khai as well as the U.S. Ambassador. Thich Quang Do had been released from official administrative detention in June 2003.

During the period covered by this report, the Catholic Church hierarchy remained somewhat frustrated by government restrictions, but a number of clergy reported continued easing of government control over church activities in certain dioceses, including in a few churches in Hanoi and HCMC that offer English-language masses for expatriates. The Catholic Church continued to face many restrictions on the training and ordination of priests, nuns, and bishops. The Government effectively maintains veto power over Vatican appointments of bishops; however, in practice it has sought to cooperate with the Church in nominations for appointment. At least nine bishoprics have been filled by the Vatican, in coordination with the Government, over the past 5 years, along with the naming of one new cardinal. Government officials have stated publicly that they "view the Catholic Church as a positive force."

The Catholic Church operates 6 seminaries in the country with over 800 students enrolled, as well as a new special training program for "older" students. All students must be approved by local authorities, both for enrolling in seminary and again prior to their ordination as priests. The Government had approved a seventh seminary, but the provincial government where it was to be located blocked the seminary, allegedly on the grounds that the province had no office to oversee institutions of higher education. The Catholic Church is now attempting to establish the seminary in a different location. The Church believes that the number of students being ordained is insufficient to support the growing Catholic population and has indicated it would like to open additional seminaries and enroll new classes every year in at least some of its seminaries.

The ECVN has not held an annual meeting or elected new leadership since 1988, in part because of the Government's ongoing efforts to influence ECVN leadership and its refusal to recognize some ECVN clergy. In the spring of 2004, both sides made steps towards holding a new congress, with a hope of convening the general congress in 2004. The ECVN operated a theological school from 1988 to 1993; informal training of religious and lay leaders continues. The ECVN has issued papers of affiliation to 800 mostly ethnic minority congregations since 2002, representing approximately 110,000 members located in the northern and northwestern highlands. However, the Government has not officially accepted these enrollments, and the congregations remain unrecognized.

In 2001, the Government ordered almost all unrecognized Protestant congregations and meeting points in the Central Highlands, reportedly numbering several hundred, to close. Provincial governments have now recognized and permitted 28 of these to reopen. In December 2003, the Committee on Religious Affairs in Hanoi issued a decree on the "normalization" of Protestantism in the Central Highlands and Binh Phuoc Province, ostensibly intended to expedite the registration of churches in the region, subject to government control and approval. The decree invited SECV congregations to register with local authorities and suggested the Church prepare study classes that could lead to the official recognition of house-church preachers. Ten of the 28 SECV congregations in the Central Highlands have been recognized since the issuance of the normalization decree. Some Protestant pastors in the Central Highlands remain suspicious of the SECV and reportedly do not plan to seek affiliation with it.

Many pastors of Protestant denominations such as the Seventh-day Adventists, Mennonites, Baptists, and Assemblies of God (AOG) still do not wish to join the SECV because of doctrinal differences. The Government has held discussions about recognition and registration with leaders of at least four Protestant denominations, including Baptists and Seventh-day Adventists. In the past, the Government had reportedly attempted to repress the AOG and other unregistered denominations by causing members to lose their jobs, forbidding their children to attend school, or confiscating their property, but it no longer imprisons AOG believers or pastors. In at least some--primarily urban--areas, government harassment of Pentecostals diminished during the period covered by this report; however, some Mennonites reportedly faced harassment by government officials in some parts of the country during this same period.

Despite the small increase in the number of legal SECV churches in the Central Highlands, provincial authorities continued to restrict Protestant activities in the region, particularly among ethnic minorities, such as the Mnong, Ede, Jarai, and Bahnar. Protestant Christmas and Easter celebrations in the Central Highlands were allowed in most localities but prohibited in others. There is substantial networking among Protestant denominations in HCMC but less in the rest of the country. Underground churches from pre-1975 denominations generally were reported to have fewer restrictions than those established more recently.

There are no officially recognized Protestant churches in the Northwest Highlands, despite the estimated presence of over 100,000 believers in the region. Officials from Ha Giang, Lai Chau, and Dien Bien have specifically told U.S. diplomats that there were no Protestants at all in their respective provinces, despite acknowledgement by central government officials in Hanoi that numerous house churches and Protestant believers are present in the Northwest Highlands.

The Hoa Hao have faced some restrictions on their religious and political activities since 1975, in part because of their previous armed opposition to the Communist forces. After 1975 all administrative offices, places of worship, and social and cultural institutions connected to the Hoa Hao faith were closed. Believers continued to practice their religion at home but the lack of access to public gathering places contributed to the Hoa Hao community's isolation and fragmentation. In 1999, a new official Hoa Hao body, the Hoa Hao Administrative Council was formed. Several leaders of the Hoa Hao community, including several pre-1975 leaders, openly criticized the Council, claiming that it was subservient to the Government, and demanded official recognition instead of their own Hoa Hao body, the Hoa Hao Central Buddhist Church (HHCBC). The Government turned down a group that subsequently tried to register the independent Hoa Hao organization. Some members of this group were incarcerated and remained in custody at the end of the period covered by this report. The Government continued to restrict the number of clergy that the Hoa Hao can train. On June 8-9, the Hoa Hao Administrative Council held its second congress, attended by 500 representatives from around the country. At the conference, the council approved a new charter to replace the regulations under which the council formerly operated and elected a new 21-member Executive Board in place of the old 11-member Representative Board.

The Government never dissolved the Cao Dai Church but placed it under the control of the Vietnam Fatherland Front in 1977. The Government banned several of the Church's essential ceremonies because it considered them "superstitious," and it imprisoned and reportedly killed many Cao Dai clergy in the late 1970s. The Government began recognizing Cao Dai organizations in 1995. In 1997, a Cao Dai Management Council drew up a new constitution under government oversight. It confirmed the ban on certain traditional "superstitious" rituals, including the use of mediums to communicate with spirits. Because the use of mediums was essential to ceremonies accompanying promotion of clerics to higher ranks, the new Cao Dai constitution effectively banned clerical promotions. In December 1999, the Management Council reached agreement with Cao Dai clergy that the Cao Dai Church would modify its rituals in a way that would be acceptable to the Government but maintain enough spiritual direction to be acceptable to Cao Dai principles. As a result, a congress was held in which several hundred Cao Dai clergy were promoted for the first time since 1975. A second congress was held in 2002. The Cao Dai Management Council has the power to control all of the affairs of the Cao Dai faith and thereby manages the Church's operations, its hierarchy, and its clergy within the country. Independent Cao Dai officials oppose the edicts of this council as unfaithful to Cao Dai principles and traditions. Religious training takes place at individual Cao Dai temples rather than at centralized schools; Cao Dai officials have indicated that they do not wish to open a seminary.

The Muslim Association of Vietnam was banned in 1975 but reauthorized in 1992. It is the only registered Muslim organization in the country. Association leaders state they are able to practice their faith, including saying daily prayers, fasting during the month of Ramadan, and teaching the Koran. At least 9 Muslims made the hajj during the period covered by this report, and at least 75 Muslim students from the country were studying abroad.

The Government restricts and monitors all forms of public assembly, including assembly for religious activities; however, on some occasions large religious gatherings have been allowed, such as the Catholic celebrations at La Vang, traditional pilgrimage events such as the Hung Kings' Festival, and the Hoa Hao Founding Day and commemoration of the Founder's death, with attendance estimated at hundreds of thousands each year. Even house church Protestants have been able to gather in groups of as many as 5,000 for special worship services in HCMC and elsewhere. In March, the police in HCMC reportedly sent a circular to hotels noting an increase in the use of hotel function rooms for "illegal preaching" and other prohibited activities and reminded owners to exert proper oversight and alert the police to such meetings.

In 1999, the Government issued a decree on religion that prescribed the rights and responsibilities of religious believers. The religious decree states that persons formerly detained or imprisoned must obtain special permission from the authorities before they may resume religious activities. Religious activities are not allowed in prisons, nor are visits by religious workers.

The Government prohibits proselytizing by foreign missionary groups and discourages public proselytizing outside of recognized worship centers, even by Vietnamese citizens. Some missionaries visited the country despite this prohibition and carried on informal proselytizing activities. The Government has in the past deported some foreign persons for unauthorized proselytizing, sometimes defining proselytizing very broadly, although there were no known cases during the period covered by this report.

In Hanoi and HCMC, there were Sunday morning Catholic masses conducted in English by local Vietnamese priests for the convenience of foreigners and also well-publicized Protestant worship services for foreigners conducted by foreigners. An expatriate worship service at a hotel in Da Nang was cancelled by management this year, reportedly at the request of the Government. There were regularly scheduled Muslim services for citizens and foreigners in both cities.

Government policy does not permit persons who belong to unofficial religious groups to speak publicly about their beliefs, but at least some continue to conduct religious training and services without harassment. Members of registered groups in theory are permitted to speak about their beliefs and attempt to persuade others to adopt their religions, at least in recognized places of worship, but are discouraged from doing so elsewhere. The Government has been known to restrict religious speech on various legal pretexts including "sowing division between believers and nonbelievers" and "damaging national unity."

The Government requires all religious publishing to be done by the Religious Publishing House, which is a part of the Office of Religious Affairs, or by other government-approved publishing houses after the Government first approves the proposed items. A range of Buddhist sacred scriptures, Bibles, and other religious texts and publications are printed by these organizations and are distributed openly. The Religious Publishing House has printed 250,000 copies of parts of the Hoa Hao sacred scriptures, along with 100,000 volumes featuring the Founder's teachings and prophesies; however, Hoa Hao believers reported that the Government continued to restrict the distribution of the full scriptures, specifically the poetry of the Founder. The official Hoa Hao Representative Committee cited a lack of funds, not government restrictions, as the reason why the Hoa Hao scriptures had not yet been published in full. The Muslim Association reportedly was able to print enough copies of the Koran in 2000 to distribute one to each Muslim believer in the country. Unrecognized Protestant groups are often unable to obtain Bibles and other religious materials through legal channels. Bibles in ethnic minority languages are also in very short supply.

The Government allows religious travel for religious persons; Muslims are able to undertake the hajj, and Buddhist, Catholic, and Protestant officials also have been able to travel abroad for study and for conferences. Some religious believers, such as UBCV monk Thich Thai Hoa, who do not belong to officially recognized religions occasionally have not been approved for foreign travel, but since early 2001 many ministers of underground Protestant churches have been able to travel frequently overseas. Like other citizens, religious persons who travel abroad sometimes are questioned about their activities upon their return and required to surrender their passports. However, this practice appears to be becoming more infrequent, and even many leaders of underground Protestant churches reported in 2002 and 2003 that they were not questioned. In January, Vietnamese house church pastors Tran Dinh Ai and Ho Hieu Ha, who had recently emigrated abroad, were refused re-entry to the country. Catholic bishops face no restrictions on international travel, including to Rome, and many nuns have also been able to go abroad for study and conferences. The Government also allowed many Catholic bishops and priests to travel freely within their dioceses and allowed greater, but sometimes restricted, freedom for domestic travel outside of these areas, particularly in many ethnic areas.

Religious affiliation is indicated on citizens' national identification cards and on "family books," which are household identification documents. In practice many citizens who consider themselves religious do not indicate this on their identification card, and government statistics list them as nonreligious. There are no formal prohibitions on changing one's religion. While it is possible to change the entry for religion on national identification cards, many converts may find the procedures overly cumbersome or fear government retribution. Formal conversions appear to be relatively rare, apart from non-Catholics marrying Catholics. The Government does not designate persons' religions on passports.

The Government allows, and in some cases encourages, links by officially recognized religious bodies with coreligionists in other countries; however, the Government actively discourages contacts between the UBCV and its foreign Buddhist supporters. Contacts between Vatican authorities and Catholics in the country occur routinely, and the Government maintains a regular, active dialogue with the Vatican on a range of issues including organizational activities, the prospect of establishing diplomatic relations, and a possible papal visit. A senior Vatican official visited the country in April and was allowed to travel to dioceses in several locations. Contacts between some unregistered Protestant organizations and their foreign supporters are discouraged but occur regularly, including training and the provision of some financial support and religious materials. The Government is particularly vigilant about contact between separatist "Dega" Protestants in the Central Highlands and their overseas supporters. The Government regards Dega Protestants as a group that uses religion as a rallying point for militant action to establish an independent "Dega" state. A Dega group overseas, operating as Montagnard Foundation, Inc., has set up a self-proclaimed government in exile and contacted some individuals in the country to advance its agenda. Estimates by one local Protestant leader of the percentage of Protestants actively affiliated with or sympathetic to the Dega in one particular Central Highlands Province run as high as 20 percent, while other estimates are much lower.

On April 10, protests by ethnic minorities in the Central Highlands provinces of Dak Lak and Gia Lai, and possibly Dak Nong, reportedly were violently suppressed by police and government authorities. Some of the protestors turned to violence as well, throwing stones and threatening police. Montagnard Foundation, Inc. representatives claimed that restrictions on religious freedom were a major cause of the protests. The Government, as well as many Catholic and both official and unofficial Protestant church leaders within the country, said the protests were largely unrelated to religious issues but were due primarily to land disputes, local corruption, traditional ethnic animosities, and perceived discrimination against ethnic minority groups by the majority Vietnamese Kinh.

Adherence to a religious faith generally does not disadvantage persons in civil, economic, and secular life, although it likely would prevent advancement to the highest CPV, government, and military ranks. The military does not have a chaplaincy. Avowed religious practice was formerly a bar to membership in the CPV but now the CPV claims that tens of thousands of the 2.6 million Communist Party members are religious believers. A January 2003 CPV Central Committee resolution on religion called for recruiting and advancing more religious believers into the CPV's ranks. Clergy and believers of various faiths serve in local and provincial government positions and are represented on the National Assembly. CPV and government officials routinely visited pagodas and temples and sometimes even attended Christian church services, making a special point to visit Protestant churches in the Central Highlands over Christmas.

The 1999 religious decree stipulates which local offices must approve renovations, modifications, and repairs of religious structures. It also requires groups to obtain the approval of provincial authorities before constructing religious structures. Local authorities reportedly have used these measures to justify the closure and demolition of small religious structures belonging to unregistered Protestant groups, particularly in Dak Lak and other Central Highlands provinces. The decree stated that no religious organization can reclaim lands or properties taken over by the State following the end of the 1954 war against French rule and the 1975 Communist victory in the south. Despite this blanket prohibition, the Government has returned some church properties confiscated since 1975. One of the vice-chairmen of the recognized VBS stated that approximately 30 percent of Buddhist properties confiscated in HCMC have been returned since 1975, and from 5 to 10 percent of all Buddhist properties confiscated in the south have been returned. However, the former Protestant seminary in Nha Trang is used for secular purposes, as is a former Protestant seminary in Hanoi. The Catholic and recognized Protestant organizations have obtained a number of previously confiscated properties but still have ongoing disputes--often with local and provincial officials--over former church properties. Most Cao Dai and Hoa Hao properties also have not been returned, according to church leaders. The recognized Hoa Hao Administrative Council has acknowledged that the Government returned 12 previously confiscated Hoa Hao pagodas in Dong Thap Province in 2001 and 2002.

The Government does not permit religious instruction in public schools; however, it permits clergy to teach at universities in subjects in which they are qualified. Buddhist monks have lectured at the Ho Chi Minh Political Academy, the main CPV school. Several Catholic nuns and at least one Catholic priest teach at HCMC universities. They are not allowed to wear religious dress when they teach or to identify themselves as clergy. Catholic religious education, on weekends or evenings, is permitted in most areas and has increased in recent years in churches throughout the country. Khmer Theravada Buddhists and Cham Muslims regularly hold religious and language classes outside of normal classroom hours in their respective pagodas and mosques.

Local Protestant sources alleged that authorities in many localities in Dak Lak prohibited Protestant children from attending school past the third grade. There have been unconfirmed allegations that Christians are excluded from special ethnic minority boarding schools. Discrimination of this sort has been denied by local authorities and some church leaders, but such reports persist. General discrimination against ethnic minorities has long been a problem in the region.

Abuses of Religious Freedom

A significant number of religious believers experience harassment or repression because they operate without legal sanction. Local officials have repressed unregistered Protestant believers in the Central and Northwest Highlands and other areas by forcing church gatherings to cease, demolishing or closing house churches, and pressuring them to renounce their religious beliefs, often unsuccessfully. Restrictions on UBCV leaders intensified during the period covered by this report, with much of the group's leadership placed under official or de facto pagoda arrest. Police authorities often questioned persons who hold independent religious or political views. There were credible reports that officials arbitrarily detained, beat, and harassed some persons based, at least in part, on their religious beliefs and practice, particularly in mountainous ethnic minority areas.

The penal code establishes penalties for offenses that are defined only vaguely, including "attempting to undermine national unity" by promoting "division between religious believers and nonbelievers." In some cases, particularly involving Hmong Protestants, authorities have used provisions of the penal code that allow for jail terms of up to 3 years without trial for "abusing freedom of speech, press, or religion." There have been ongoing complaints that officials fabricated evidence, and that some of the provisions of the law used to convict religious prisoners contradict the right to freedom of religion.

A 1997 directive on administrative probation gives national and local security officials broad powers to detain and monitor citizens and control where they live and work for up to 2 years if they are believed to be threatening "national security." In their implementation of administrative probation, some local authorities held persons under conditions resembling house arrest. The authorities use administrative probation as a means of controlling persons whom they believe hold independent opinions. Some local authorities cite "abuse of religious freedom" as a reason to impose administrative probation.

On numerous occasions throughout the country, small groups of Protestants belonging to house churches were subjected to harassment or arbitrary detention after local officials broke up unsanctioned religious meetings. There were many reported instances, particularly in remote provinces, in which Protestant house church followers were detained, beaten, or fined by local officials for participation in peaceful religious activities such as worship and Bible study.

On June 8, authorities in HCMC detained activist Mennonite house church pastor Nguyen Hong Quang for "inciting others to interfere with public security officers in furtherance of their duties." At the end of the period covered by this report, Quang had not been released or formally charged with any crime, as authorities carried out their investigation. Quang's detention is directly related to a March 4 incident in which several of his followers confronted persons they believed to be public security officers surveilling the pastor's home and seized an officer's motorbike. Those same followers then scuffled with other public security officers who arrived at the scene to retrieve the motorbike and investigate the incident. Four of Pastor Quang's followers were detained at the time, and another was detained afterwards in connection with Pastor Quang's arrest.

In December 2003, police in Hanoi and HCMC detained 16 members of an unregistered Protestant group affiliated with Pastor Quang for handing out Christian pamphlets disguised as official programs for the South East Asian Games. On March 25, Hanoi police detained 11 Hmong and 2 Kinh Protestants as they watched the film "The Passion of the Christ" in a private residence in Hanoi. In both cases, the detainees were released within 24 hours.

Authorities in the Central and Northwest Highlands reportedly restricted the religious freedom of members of evangelical Protestant house churches, especially among minority ethnic groups. Several leaders of these nonrecognized churches, especially among the Hmong in the northwest and among ethnic minority groups in the Central Highlands, reportedly were harassed or detained, and sometimes pressured to renounce their faith, usually without success. House churches are frequently tolerated or ignored in some places, although their unofficial status often leaves them at the mercy of local authorities.

There are unconfirmed reports that officials in Lai Chau, Lao Cai, Ha Giang, and other provinces in the north and northwest attempted to force Hmong and other ethnic minority Christians to recant their faith, often without success. There are also unconfirmed reports that in Hoang Su Phi district of Ha Giang Province at least three Protestant house church leaders were sentenced to prison terms for leading "gatherings that caused public disorder" after organizing unauthorized religious services. Officials in Bac Ha district of Lao Cai Province reportedly detained four Protestant house church leaders and pressured other Protestants to sign documents renouncing their faith. In Muong Te District of Lai Chau Province, two girls reportedly were raped by government officials or militia to punish their families for adhering to Protestantism. Also in Muong Te district of Lai Chau Province, local authorities reportedly damaged or destroyed two houses used for nonrecognized Protestant services. U.S. diplomats requested that the Government provide further information about these and other alleged abuses but received no response.

Hmong Protestant Vang Seo Giao of Ha Giang Province died in July 2003, reportedly after being beaten by authorities at the office of the People's Committee in Che La commune. A CPV member since 1990 who had recently converted to Christianity, Giao reportedly was beaten for refusing to renounce his faith and build an ancestral altar, and also for refusing to drink alcohol. Giao's family and friends appealed to the Government and to the ECVN-North to investigate his death. In response to inquiries by U.S. diplomats, Ha Giang provincial officials stated that Giao died in a flood. Senior government officials in Hanoi also claimed that Giao drowned attempting to cross a river while drunk.

Hmong Protestant believer Mua Say So of Dien Bien district, Dien Bien Province, reportedly was detained in April 2003 and accused of involvement in the death of his brother, Protestant believer Mua Bua Senh. Mua Bua Senh had died in 2002, reportedly after being beaten by authorities for refusing to renounce his faith. In October 2003, the Government informed U.S. diplomats that Mua Bua Senh had died of natural causes, but by the end of the period covered by this report, the Government had not responded to Embassy inquiries about Mua Say So's current status or the reason for his continued detention.

There were reports that local authorities used a noxious gas to break up a Hmong Protestant worship service in Lai Chau Province in December 2002. Provincial authorities initially acknowledged an incident without giving details but later denied the reports entirely.

According to reports from the Central and Northwest Highlands, some local officials extorted goods, livestock, and money from Protestant believers. There were reports from the same regions of local officials driving ethnic minority persons out of their home villages for refusing to renounce their Protestant faith. The extent to which religious affiliation or other factors such as ethnicity or political activism caused these reported abuses could not be determined, although many reports stated that authorities cited religion as the reason for their actions.

Despite restrictions the number of Protestants continued to grow. The repression of Protestantism in the Central Highlands is complicated by the presence of the small "Dega" separatist group, which advocates an autonomous or independent homeland for the indigenous persons who live in the area, particularly in southern Gia Lai and northwestern Dak Lak provinces. The Dega have links to a group residing in the U.S., Montagnard Foundation, Inc., that has proclaimed itself a Dega "government-in–exile." While many Dega followers are Protestant, the relationship between the Degas and Protestant believers belonging to the recognized SECV or apolitical house church groups is tense. The Degas reportedly have made threats against certain mainstream Protestant pastors, many of whom accuse the Degas of using religion for political purposes. A small number of Protestant pastors in this area reportedly support the establishment of an autonomous "Dega" state; however, the more orthodox majority of Protestant pastors in the Highlands do not.

On April 10, several thousand ethnic minority citizens protested against authorities in several districts in the Central Highlands provinces of Dak Lak and Gia Lai (and possibly Dak Rong). Authorities reportedly violently suppressed the protests, including beating or killing some of the protestors. A number of the protestors reportedly resorted to violence as well. Individuals supporting the Dega movement from abroad claimed that restrictions on religious freedom were a significant motivating factor in the protests. The Government, as well as many official and unofficial religious leaders, depicted the protests as being entirely political in nature. However, a government official indicated that, in the wake of the protests, the Government would delay further registration of churches and normalization of religious activities in the region. The Government blocked access to the Central Highlands by most foreign observers for 2 weeks after the April protests. When it again began to allow access for foreign diplomats, journalists, and others, strict control by officials, police, and plainclothes security agents made obtaining genuinely free and independent assessments of the situation in the area extremely difficult.

Outflows of ethnic minority highlanders--usually called "Montagnards"--seeking refugee status in Cambodia on religious grounds continued during the period covered by this report and increased slightly after the April 10 protests. Apparently at the request of the Government, many of the Montagnards who fled to Cambodia during this period were repatriated by Cambodian authorities with no consideration given to their allegations of abuse in Vietnam or requests for refugee status. In December 2002 and March 2003, at least 13 ethnic minority individuals were sentenced to prison terms related to unrest that took place in 2001. Government officials insist that these sentences were not related to any religious activities, although often the alleged adherence of the detainees to the Dega movement complicated the issue.

Protestants also reported that authorities in Dak Lak, Gia Lai, Kon Tum, and some nearby provinces detained, beat, and harassed numerous Protestant believers, often in conjunction with pressure to renounce their faith. In March, officials in Sa Thay district, Kon Tum Province, reportedly beat several ethnic Ja Rai Protestant leaders while pressuring them to renounce their faith and cease their religious activities. Also in March, a Protestant lay leader in Kon Tum was reportedly fined by police, had Bibles and religious banners confiscated, and was threatened with imprisonment after holding unlicensed religious gatherings. In 2002, officials reportedly cut off electricity to the homes of ethnic Ede villagers in Ea Trol village in coastal Phu Yen Province after they refused to give up Christianity.

A purported Party document dated October 22, 2002, from Cu Mgar district in Dak Lak described Dega Christianity as a reactionary plot rather than a true religion and stated that investigation of the Dega Christian organization discovered 150 members as well as the presence of 440 illegal Protestant congregations in Dak Lak. In October 2002, the SECV complained that authorities had forced approximately 400 unofficial Protestant congregations in Dak Lak to disband. The Catholic Episcopal Council sent a letter of complaint, apparently largely about the difficulties Protestants were experiencing in the Central Highlands, to the Government and National Assembly in late 2002.

A May 2003 report by a foreign NGO alleged a program by local authorities, with the stated intention to "eradicate Christianity," to force Protestants in Dak Song Commune in then-Dak Lak Province (now in Dak Nong Province) to stop holding church gatherings of more than five persons.

The Government continued to isolate certain religious figures by restricting their movements and by pressuring supporters and family members. In October 2003, the UBCV held an unauthorized conference in Binh Dinh Province, reportedly to revitalize the organization and make appointments to leadership positions. Subsequent to the conference, authorities detained many leaders of the group and returned them to their respective pagodas. Four leaders of the UBCV--Thich Tue Sy, Thich Nguyen Ly, Thich Thanh Huyen, and Thich Dong Tho--were subsequently sentenced without trial to 2 years of administrative detention, which is similar to house arrest. Patriarch Thich Huyen Quang and deputy leader Thich Quang Do were briefly investigated for "possession of state secrets" after the October meeting and placed under conditions resembling house arrest in their respective pagodas. Authorities have not allowed them to leave their pagodas and have regularly cut off their telephone connections and prohibited most visitors from meeting them. Many other leaders of the UBCV, including Thich Thien Hanh, Thich Thai Hoa, Thich Nguyen Vuong, Thich Vien Dinh, and Thich Phuoc An, were also placed under conditions resembling house arrest at their pagodas after the October meeting, despite the absence of any charges against them.

Hoa Hao believers stated that a number of the leaders of the unofficial Hoa Hao Central Buddhist Church (HHCBC) remained in detention at the end of the period covered by this report. Those in detention include Ha Hai, the third-ranking officer of the HHCBC who had been sentenced to 5 years in prison in 2001 for abusing "democratic rights," as well as Hoa Hao believer Truong van Duc, who had been involved in an incident in 2000 in which 60 to 70 individuals attacked a group of Hoa Hao headed by church leader Le Quang Liem. Hoa Hao follower Nguyen Van Lia reportedly was sentenced to 3 years' imprisonment in October 2003, after holding a commemoration of the disappearance of the Hoa Hao prophet. U.S. diplomats requested that the Government provide information about these and other Hoa Hao believers currently incarcerated but had received no response by the end of the period covered by this report.

Priests and lay brothers of the Catholic order Congregation of the Mother Co-Redemptrix continued to face government restrictions. Founded by Reverend Tran Dinh Thu in Bui Chu Diocese in 1953, the historically anti-Communist order re-established its headquarters in Thu Duc District of HCMC in 1954. In 1988 police surrounded the 15-acre site and arrested all the priests and lay persons inside the compound. All but two of those detained--Father Pham Minh Tri and layperson Nguyen Thien Phung--subsequently were released. Father Tri reportedly was in poor health. Father Tri and Phung remained imprisoned at Xuan Loc camp, Dong Nai Province, despite some indications in December from senior government officials that they would be released. Both were originally given 20-year sentences, although Father Tri's was later reduced by 27 months, and by 3 more months in an April general amnesty.

Cao Dai believer Ngo Van Thong was arrested in 1977 and sentenced to death by a Tay Ninh provincial court; his sentence was later commuted to life imprisonment. He is believed to be in prison near Hanoi, but the Government has not responded to inquiries by U.S. diplomats about his condition.

In February 2001 at Tu Hieu Pagoda, on the day before the start of the "week of prayer," Catholic Father Nguyen Van Ly, Hoa Hao elder Le Quang Liem, and Buddhists monks Thich Thien Hanh and Thich Chan Tri met for the purpose of forming an interreligious body independent of government authority. Later in the same month, police surrounded Father Ly's church and placed him under administrative probation. His detention was reported widely in the state-controlled press, which identified him as a "traitor" for submitting written testimony critical of the Government to a U.S. human rights commission. In May 2001, allegedly as many as 300 police surrounded his church and arrested him. In October 2001, the Thua Thien-Hue Provincial People's Court convicted Father Ly and sentenced him to a total of 15 years in prison--2 years for disobeying the administrative probation order and 13 years for "damaging the Government's unity policy." The court also ordered 5 years of administrative detention, which is to confine him to his place of residence after his release. Father Ly had called not only for religious freedom but also for an end to one-party rule. In July 2003, the Ha Nam provincial court reduced Father Ly's sentence by 5 years in recognition of good behavior, and in June his sentence was further reduced by another 5 years. In January, U.S. visitors were allowed to meet with Father Ly and provide him letters and medicine.

It was impossible to determine the exact number of religious detainees and religious prisoners. There is little transparency in the justice system, and it is very difficult to obtain confirmation of when persons are detained, imprisoned, tried, or released. Moreover, persons sometimes are detained for questioning and subsequently held under conditions amounting to house arrest using administrative probation regulations without being charged or without their detention being publicized. By the end of the period covered by this report, there reportedly were at least nine religious detainees thought to be held without formal arrest or charge; however, the number may be much greater. Unconfirmed reports suggest there may be over 100 other Protestants detained in the Central Highlands, although the reasons for their incarceration may not be entirely related to their religious faith. Among those believed to be detained without having gone to trial are Hmong Protestant Mua Say So in Dien Bien; Hmong Protestants Vang Chin Sang, Ly Sin Quang, and Ly Giang Sung in Ha Giang Province; and Dinh Troi, an ethnic Hre Protestant detained in Quang Ngai in 1999. A number of other UBCV, Cao Dai, Catholic, Hoa Hao, and Protestant dignitaries and believers had their movements restricted or were watched and followed by police.

There were an estimated 44 religious prisoners and detainees, although the actual number may be much higher. This figure is difficult to verify because of the secrecy surrounding the arrest, detention, and release process. At least 11 other individuals were held in conditions resembling house arrest for reasons related to the expression of their religious beliefs or attempts to form nonauthorized religious organizations, despite the apparent lack of any official charges against them. Those persons believed to be imprisoned or detained at least in part for the peaceful expression of their religious faith at the end of the period covered by this report included: UBCV monk Thich Thien Minh; Catholic priests Pham Minh Tri and Nguyen Van Ly, and Catholic lay person Nguyen Thien Phung; Protestant believers Mua A Chau, Vang Chin Sang, Vang Mi Ly, Ly Xin Quang, and Ly Chin Seng; Cao Dai believer Ngo Van Thong; and Hoa Hao lay persons Nguyen Van Lia, Ha Hai, and Truong Van Duc. UBCV monks Thich Tue Sy, Thich Nguyen Ly, Thich Thanh Huyen, and Thich Dong Tho were given 2-year sentences of administrative detention in 2003. Other religious leaders, including UBC monks Thich Huyen Quang and Thich Quang Do and Catholic priest Pham Van Loi, were under de facto house arrest. Hoa Hao leaders Nguyen Van Dien and Le Quan Liem remained under formal administrative detention.

There were numerous reports that groups of vigilantes or "gangs of hoodlums" beat Protestant believers in the Central Highlands. In 2002, allegedly at the instigation of commune and district authorities, a "gang" in the predominantly Catholic village of Dak Chach, Dak La commune, Kon Tum Province, reportedly beat Protestant believers Du Van Anh and Y Thet (husband and wife) and pastor Dinh Van Truc for not renouncing their faith. Forced to flee the village soon afterwards, Anh and Y Thet sought refuge in neighboring villages during 2002 and into early 2003, reportedly being expelled by village authorities each time. In 2002, a "gang" in Buon Eu Sup village, Dak Lak Province, reportedly beat Protestant believer Siu Kret. His father complained to local police about the incident. The police fined the gang members $33 (VND 500,000) and a pig, but the victim's father reportedly had to swear to police he was not a Protestant believer to collect the compensation.

Forced Religious Conversion

On multiple occasions, local officials in several northwestern villages reportedly attempted to convince or force Hmong Protestants to recant their faith and sometimes also to perform traditional Hmong religious rites such as drinking blood from sacrificed chickens mixed with rice wine. Local authorities reportedly also encouraged clan elders to pressure members of their extended families to cease practicing Christianity and to return to traditional practices.

Following ethnic unrest in the Central Highlands in 2001, there also were numerous reports of local authorities attempting to force ethnic minority Protestants to renounce their faith. In the villages of Druh, B'Le, B'Gha, V'Sek, Koyua, Tung Thang, Tung Kinh, and Dung in Ea H'Leo district of Dak Lak Province, ethnic minority commune and district officials, some of whom are ethnic minorities themselves, were assigned to coerce Protestant followers symbolically to abandon Protestantism by drinking alcohol mixed with animal blood in a ritual called "the ceremony of repentance." In the villages of Buon Sup, Buon Ea Rok, and Buon Koya in Ea Sup district, Dak Lak Province, ethnic minority Protestants were pressured to undergo a similar ritual recantation of faith. There were some reports of this occurring in other instances during the period covered by this report.

In other provinces, authorities encouraged "revival of traditional culture," which includes abandoning Christian beliefs. According to what appears to be an official document from Khanh Hoa Province, in 2002 police convinced numerous households to abandon Protestantism and in some cases provided a cash reward as part of efforts to stamp out "illegal" religious activities.

There were no reports of forced religious conversion of minor U.S. citizens who had been abducted or illegally removed from the United States, or of the refusal to allow such citizens to be returned to the United States.

Abuses by Terrorist Organizations

There were no reported abuses targeted at specific religions by terrorist organizations during the period covered by this report.

Improvements and Positive Developments in Respect for Religious Freedom

The status of respect for religious freedom overall remained fundamentally unchanged during the period covered by this report. It improved slightly in some areas, but remained poor or even deteriorated in parts of the Central Highlands and Northwest Highlands. In January 2003, a CPV Central Committee resolution on religion passed acknowledged the legitimate role of religious groups in social and charitable activities; however, it also reinforced that the CPV should control religious groups, that their activities should take place within legally defined bounds, and that illegal religious activity would be suppressed.

After the issuance of the decree on the "Operation of Protestantism in the Central Highlands and Binh Phuoc Province" by the Office of Religious Affairs in December 2003, 10 new churches were officially recognized in the Central Highlands, and preparations began to establish a local bible school for training classes that may lead to the recognition of many preachers working in unofficial status. In February 2003, the SECV opened an official theological school with 50 students and informed the Government that it was training more students outside the school.

Some leaders of nonrecognized Protestant churches reported that they continued negotiating with the Government for recognition, although no new recognitions were granted. Some pastors also reported that police surveillance of their worship activities has declined or ended, in some cases as long ago as early 2001. Some also reported that they have been able to conduct training activities openly. Many leaders of Protestant house churches have been allowed to travel overseas on multiple occasions.

Catholic leaders reported they were able to assign priests more easily than in the past, even in some remote areas where no priests had been assigned for decades. Attendance at religious services continued to increase during the period covered by this report. The number of Buddhist monks and Catholic priests also continued to increase. Local authorities in many parts of the country allowed religious organizations to engage in more charitable and social activities in line with the Party's new resolution. Many Catholic priests and nuns and Buddhist monks continued to operate orphanages, vocational centers, and health clinics with the knowledge of the Government. In addition there was continued gradual expansion of the parameters for individual believers adhering to one of the officially recognized religious bodies to practice their faiths.

Several thousand prisoners benefited from early releases through general amnesties during the period covered by this report, but it is unknown whether any of them were imprisoned for reasons related to expression of their religious faith.

Section III. Societal Attitudes

In general there are amicable relations among the various religious communities, and there were no known instances of societal discrimination or violence based on religion during the period covered by this report. In HCMC there were some informal ecumenical dialogues among leaders of disparate religious communities. Buddhists, Hoa Hao, and Cao Dai reportedly sometimes cooperate on some social and charitable projects. Working-level cooperation between the Catholic and Protestant churches occurs in many parts of the country. Various elements of the UBCV Buddhists, Catholics, Cao Dai, Protestant, and Hoa Hao communities appeared to network with each other; many of them reportedly formed bonds while serving prison terms at Xuan Loc.

Section IV. U.S. Government Policy

The U.S. Embassy in Hanoi and the U.S. Consulate General in HCMC actively and regularly raised U.S. concerns about religious freedom with a wide variety of CPV leaders and government officials, including authorities in the Ministry of Foreign Affairs, the Office of Religious Affairs, the Ministry of Public Security, and other offices in Hanoi, HCMC, and the provinces. During a visit to the country in October 2003, the Ambassador at Large for International Religious Freedom advocated for greater religious freedom and enquired about reported abuses with the Deputy Prime Minister, Deputy Foreign Minister, Deputy Minister of Public Security, the head of the Office of Religious Affairs, the Chairman of the Fatherland Front, and other government officials. He also met with leaders of various recognized and nonrecognized religious groups. During the visit, he provided a list of alleged religious prisoners and requested information about why they were being held. The Government provided a partial response to this list. He also requested that the Government investigate reports of the killing of believers, including Mua Bua Senh and Vang Seo Giao, and allegations of rape, harassment, and arbitrary detentions of religious believers. He also asked the Government to investigate claims of forced renunciations and issue a clear prohibition.

The U.S. Ambassador, the Deputy Chief of Mission, the Consul General in HCMC, and other Embassy and Consulate officers have raised religious freedom issues with senior cabinet ministers, including the Prime Minister, two Deputy Prime Ministers, the Foreign Minister, other senior government and CPV officials, the head of the Office of Religious Affairs, Deputy Ministers of Foreign Affairs and Public Security, officials of the Ministry of Foreign Affairs' External Relations Office in HCMC, chairpersons of Provincial People's Committees around the country, and other officials, particularly in the Central and Northwest Highlands. Embassy and Consulate General officials maintained regular contact with the key government offices responsible for respect for human rights. Embassy officers repeatedly informed government and CPV officials that the lack of progress on religious problems and human rights are a significant impediment to the full normalization of bilateral relations. The Embassy also distributed information about the U.S. concerns regarding religious freedom to government officials.

The Ambassador and other Mission officers urged recognition of a broad spectrum of religious groups, including members of the UBCV, the Protestant house churches, and dissenting Hoa Hao and Cao Dai groups. They also urged greater freedom for recognized religious groups. Embassy and Consulate General officials also focused on specific abuses and restrictions on religious freedom. The Ambassador and other Mission officers repeatedly advocated ending restrictions on Thich Huyen Quang and Thich Quang Do, among others, and freeing Father Nguyen Van Ly. The Ambassador also requested that the Government investigate a number of cases of alleged abuses of religious believers and punish any officials found to be responsible. They, along with the Assistant Secretary of State for East Asia and Pacific and the Ambassador at Large for Religious Freedom, urged a clear ban on attempts at forced renunciation and called for the re-opening of house churches that had been closed.

The April 2001 recognition of the SECV followed direct advocacy by U.S. officials during human rights dialogues and ongoing discussions involving the Ambassador, the Ambassador at Large for International Religious Freedom, and other U.S. officials. The State Department declined to hold a human rights dialogue with the Government in 2003 as a sign of displeasure over limited progress on issues discussed in previous dialogues.

Representatives of the Embassy and the Consulate General met on numerous occasions with leaders of all the major religious communities, including Buddhists, Catholics, Protestants, Cao Dai, Hoa Hao, Muslims, Hindus, and Baha'is. In March, a Consulate General officer met with the recognized Hoa Hao Administrative Council in An Giang Province and maintained regular contact with Hoa Hao dissidents and Hoa Hao elder Tran Huu Duyen. Mission officers met senior Cao Dai clergy affiliated with the pre-1975 Cao Dai leadership in Hanoi on different occasions. In April, the Ambassador met with Thich Huyen Quang while he was under conditions resembling house arrest at his pagoda, and during the period from June to October 2003 the Consul General met with UBCV monk Thich Quang Do when he was not under restrictions. Consulate General officers maintained regular contact with other UBCV Buddhist monks. Embassy and Consulate General officers met with the Cardinal of HCMC, the Catholic Archbishop of Hue, and the bishops of Hung Hoa, Nam Dinh, Ninh Binh, Kontum, Lang Son, Buon Ma Thuot, Dalat, and Haiphong as well as other members of the Episcopal Conference. The Ambassador and other Mission officers met with outspoken priest Chan Tin on several occasions during the period covered by this report. Embassy and Consulate General officers also met repeatedly with leaders of various Protestant house churches and with leaders of the Muslim community. When traveling outside of Hanoi and HCMC, Embassy and Consulate General officers regularly meet with provincial Religious Affairs Committees, village elders, local clergy, and believers.

The U.S. Government commented publicly on the status of religious freedom in the country on several occasions. The Assistant Secretary for East Asia and Pacific Affairs discussed concerns about religious freedom during the annual bilateral political dialogue held in Hanoi in May. The Ambassador at Large for Religious Freedom, during his October 2003 visit to the country, warned that failure by the Government to improve conditions might lead to designation of Vietnam as a "Country of Particular Concern" and suggested improvements the Government might take to avoid this designation. Senior U.S. officials repeated this warning on several occasions during the year.

U.S. Government pressure may have had an immediate impact in some cases. After Consulate General officials highlighted the case of an unofficial Protestant church threatened with demolition in HCMC, authorities backed off their threats and eventually allowed the church to continue operations. After continued pressure through diplomatic channels, the Government allowed the U.S. Ambassador access to Thich Huyen Quang, and also permitted access of a U.S. Senator to imprisoned priest Nguyen Van Ly. The December 2003 decree laying out steps for increased activity by the SECV in the Central Highlands followed shortly after the visit of the Ambassador at Large for international Religious Freedom. In broader terms, some religious sources have cited diplomatic intervention, primarily from the U.S., as a reason why the Government is seeking to legalize more religious groups and is allowing already legalized groups more freedom. In September 2004, the Secretary of State designated Vietnam as a "Country of Particular Concern" under the International Religious Freedom Act for particularly severe violations of religious freedom.

Released on September 15, 2004

Writer Tran Khue convicted of "infringing" on state interests

Committee to Protect Journalists
330 Seventh Avenue, New York, NY 10001 USA Phone: (212) 465-1004
Fax: (212) 465-9568 Web: www.cpj.org E-Mail: media@cpj.org

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CPJ Contacts:
Abi Wright or Sophie Beach
Tel: 212-465-1004; asiaprogram@cpj.org
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New York, July 9, 2004-The Committee to Protect Journalists (CPJ) condemns the guilty verdict handed down today to writer Tran Khue. The Ho Chi Minh City People's Court sentenced Khue, 68, to 19 months in prison on charges of "taking advantage of democratic rights to infringe upon the interests of the state" and of violating a house arrest order, according to international news reports.

Khue's sentence accounts for time already served, so he is slated for release on July 29. Khue has been imprisoned since December 29, 2002.

Khue was arrested after meeting with Hanoi-based writer and political activist Pham Que Duong, who was also arrested and who still faces trial. In recent years, Khue has written several articles and open letters critical of government policy. He established two online publications, Dialogue 2000 and Dialogue 2001, which included articles he and others wrote advocating political reform. In January 2002, the Vietnamese government ordered local officials to confiscate and destroy all printed copies of the publications.

At the time of his arrest, Khue was serving a two-year term of administrative detention, or house arrest. Authorities imposed the house arrest order on October 9, 2001, after Khue was involved in a failed attempt to legally register an independent anti-corruption organization. (Administrative Detention Order 31/CP allows the Vietnamese government to put individuals under house arrest for two years without due process.)

Pham Que Duong was arrested on December 28, 2002, after visiting Khue in Ho Chi Minh City. Duong, in prison since that time, is to be tried in Hanoi on July 14.

"Tran Khue should never have been convicted for exercising his constitutional right to free expression," CPJ Executive Director Ann Cooper said. "The charges against both Tran Khue and Pham Que Duong should be dropped immediately."

For more information about the cases against Tran Khue and Pham Que Duong, see:
CPJ alert, July 7, 2004 CPJ alert, June 10, 2004

The Committee to Protect Journalists is an independent, nonpartisan organization dedicated to defending press freedom worldwide. For more information about press conditions in Vietnam, visit www.cpj.org.

Writer Pham Que Duong sentenced to 19 months in prison

Committee to Protect Journalists
330 Seventh Avenue, New York, NY 10001 USA Phone: (212) 465-1004
Fax: (212) 465-9568 Web: www.cpj.org E-Mail: media@cpj.org

======================
Contact: Abi Wright or Sophie Beach
e-mail: asiaprogram@cpj.org
Telephone: (212) 465-1004
======================

New York, July 14, 2004-The Committee to Protect Journalists (CPJ) condemns today's conviction of writer and military historian Pham Que Duong. The Hanoi People's Court sentenced Duong to 19 months in prison on charges of "taking advantage of democratic rights to infringe upon the interests of the state."

The sentence accounts for time already served, so Duong, who was arrested on December 28, 2002, is scheduled for release in two weeks.

Duong, 72, was arrested at the Ho Chi Minh City train station after visiting with writer and literature professor Tran Khue. Khue was detained at his home in Ho Chi Minh City the next day. On July 9, 2004, the Ho Chi Minh City People's Court sentenced Khue to 19 months on the same charges. He will also be released at the end of July.

A former colonel in the Vietnamese army, Duong served as editor of Tap Chi Lich Su Quan Su (Military History Review) from 1982 to 1986. He later renounced his membership in the Communist Party and began writing essays and open letters advocating political reform, support for human rights, and press freedom.

In recent years, Duong has been under tight surveillance by authorities after becoming the de facto spokesperson for the pro-democracy movement in Vietnam. In September 2001, Duong and Tran Khue were involved in a failed attempt to legally register an independent anticorruption organization.

"CPJ is outraged that authorities detained Pham Que Duong for 18 months without charge before convicting him in a closed trial," said CPJ Executive Director Ann Cooper. "The charges against Duong should be dropped."

For further information about Pham Que Duong and Tran Khue, please see:
CPJ news alert, July 9, 2004, http://www.cpj.org/news/2004/Vietnam09july04na.html
CPJ news alert, July 7, 2004, http://www.cpj.org/news/2004/Vietnam07july04na.html

The Committee to Protect Journalists (CPJ) is an independent, nonpartisan organization dedicated to defending press freedom worldwide. For more information about press conditions in Vietnam, visit www.cpj.org.

------------------------------

Committee to Protect Journalists
phone: 1-212-465-1004
fax: 1-212-465-9568
http://www.cpj.org

Dissident Nguyen Dan Que to be brought to trial

AMNESTY INTERNATIONAL
PRESS RELEASE

AI Index: ASA 41/015/2004 (Public)
News Service No: 179
15 July 2004

Yet another elderly dissident, an Amnesty International member, is to be brought to trial next week in Ho Chi Minh City. Dr Nguyen Dan Que, 62, a distinguished doctor, former hospital director and long-standing human rights activist, will be tried on Monday 19 July having spent 16 months in detention in Ho Chi Minh City.

"Why do the Vietnamese authorities lock up, for years at a time, distinguished old men for nothing more than speaking their minds?" Amnesty International asked today. "Dr Nguyen Dan Que should never have been arrested and must be released immediately and without conditions."

Dr Que was arrested on 17 March 2003 outside his home in Ho Chi Minh City while on the way to an Internet café. It is believed that his arrest was prompted by a statement he issued on 13 March asserting that there was no freedom of information in Viet Nam. The statement was circulated via the Internet and published outside Viet Nam.

Dr Que was initially held incommunicado and only in recent months has his wife been allowed to meet him in prison. He is in bad health and is known to be suffering from kidney stones, a bleeding ulcer and high blood pressure that requires medication.

"Dr Nguyen Dan Que -- a winner of numerous international human rights awards -- has worked tirelessly to defend the fundamental human rights of his fellow Vietnamese. His repeated imprisonment is both a personal and national tragedy," Amnesty International added.

Amnesty International understands that he is to be charged with "abusing democratic rights to jeopardize the interests of the State" -- the same charge levelled against two other elderly dissidents, who were brought to trial in the last two weeks. Dr Nguyen Dan Que has not been permitted to meet with a lawyer and his family have not been given a formal charge sheet detailing the accusations against him. It is likely, therefore, that he will have no legal defence at his trial.

Amnesty International is calling on the Vietnamese authorities to ensure that Dr Que's trial meets with international fair trial standards and is open to outside observers.

Background

Dr Que has previously been imprisoned twice, for a total of 18 years. In February 1978, he was arrested and accused of "rebelling against the regime" and forming a "reactionary organization named the National Front of Progress". He was released in 1988 after 10 years of imprisonment without trial.

He was arrested again in June 1990 after he founded the Cao Trao Nhan Ban (High Tide of Humanism Movement) that called for democratic change. He also became a member of Amnesty International, which was used as an accusation against him. In November 1991, he was sentenced to 20 years imprisonment for "activities aimed at overthrowing the People's Government." He was released under a special amnesty in September 1998. On both occasions, Dr Que was adopted as a prisoner of conscience by Amnesty International.

Public Document
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For more information please call Amnesty International's press office in London, UK, on +44 20 7413 5566
Amnesty International, 1 Easton St., London WC1X 0DW. web: http://www.amnesty.org
For latest human rights news view http://news.amnesty.org
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Director Strategic Communications A/g
Amnesty International Australia
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Fax: 02 9217 7663
Email: sclark@amnesty.org.au

Amnesty International Australia
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US House votes to freeze aid to Vietnam over human rights record

(AFP)
20 July 2004

WASHINGTON - The US House of Representative late Monday voted to freeze all non-humanitarian assistance to Vietnam and provide aid to its dissidents in response to what it described as “a policy of harassment, discrimination, and intimidation” vis-a-vis those who dare to disagree with the country’s government.

By a vote of 323-45, the chamber passed the Viet Nam Human Rights Act that bars the government from increasing non-humanitarian assistance to the southeast Asian nation over this year’s level of about 40 million dollars unless the president certifies that Hanoi is releasing political prisoners and is making steps to improve its overall human rights record.

It also authorized the White House to spend four million dollars in fiscal 2004 and 2005 to provide support for Vietnamese dissidents and groups that “promote internationally recognized human rights.”

More than 10 million dollars are being offered over the same period of time to overcome Vietnamese jamming of Radio Free Asia, a surrogate Congress-financed radio station that beams US programming to the region.

“The government of Viet Nam consistently pursues a policy of harassment, discrimination, and intimidation, and sometimes of imprisonment and other forms of detention, against those who peacefully express dissent from government or party policy,” states the preamble of the legislation. “This policy includes collectively punishing family members of individuals targeted for persecution.”

But the bill also grants the president broad waiver authority that will allow him to overlook its provisions if he deems it necessary to further US national security interests.

“We cannot stand idly by while the human rights situation in Vietnam deteriorates and goes from horrific to even worse,” said Republican Representative Chris Smith, vice chairman of the House Committee on International Relations and sponsor of the measure.

He vowed to do everything in his power to overcome the Senates opposition to the measure.

The bill first passed the House three years ago, but it died in the Senate where, according to Smith, Massachusetts Senator John Kerry, the current Democratic presidential candidate, placed a hold on it and prevented it from being brought to the floor.

Vietnam: Release Outspoken Church Leader

Human Rights Watch
For Immediate Release:

(New York, June 11, 2004) - The Vietnamese government should immediately release the Rev. Nguyen Hong Quang, a human rights defender and activist leader of the banned Mennonite church in Vietnam, Human Rights Watch said today. Quang was arrested on Tuesday after publicly criticizing Vietnam's government for detaining four Vietnamese Mennonites.

Quang, who is trained as a lawyer, has defended land rights cases of impoverished farmers from the provinces, spoken out against the arrests of religious and political dissidents, and publicized the plight of minority Christian churches in Vietnam's Central Highlands. Many of his critical writings have been disseminated on the Internet in both Vietnamese and English.

"Quang's arrest appears to be part of the Vietnamese government's mounting repression of activists who promote human rights or religious freedom," said Dinah PoKempner, general counsel at Human Rights Watch.

The religious leader's arrest took place in the midst of a massive crackdown against Montagnard Protestants in the Central Highlands. The Vietnamese government bans independent religious associations and only permits religious activities by officially recognized churches and organizations.

Quang was arrested at 3 p.m. on June 8 on the outskirts of Ho Chi Minh City by 30 police officers and taken to the jail at the District 2 Public Security Police Station. The police cordoned off and searched Quang's home, which serves as a Mennonite church as well as his legal office. They ransacked the office and confiscated his computer, personal papers and numerous documents, including his legal files on human rights cases he is defending. He has reportedly been charged with "instigating people to obstruct officials from carrying out their duties."

The charges against the Mennonite clergyman apparently refer to an altercation in March between Quang and members of his church with police officers who had been harassing and monitoring Mennonite church members, including the head of the Mennonite church in Kontum province in the Central Highlands.

On March 2, dozens of church members gathered at Quang's church after a dispute broke out between police and several Mennonites, who had photographed the motorbike of one of the plainclothes police officers posted outside the church. More than 100 paramilitary police officers from Unit 113 of the Ministry of Public Security were dispatched to the scene, where they scuffled with the crowd of church members. Police arrested four church members: church elder Nguyen Hieu Nghia, and evangelists Nguyen Thanh Nhan, Pham Ngoc Thach and Nguyen van Phuong, all of whom were severely beaten.

Since the March incident, Quang and his colleagues have mounted a campaign to call attention to the arrests and possible torture of the four Mennonites, who have been detained for more than two months without official orders being issued for their imprisonment or the prosecution of their cases.

On May 18, Quang released an eight-page report on the March arrests that included a section entitled "Violations of the Law by Public Security Officers of District 2 and Ho Chi Minh City in the Forcible Detention of the Four Mennonite Evangelists." Quang argued that the police officers had violated numerous articles of Vietnam's penal code in carrying out the arrests.

"People should not be arrested for criticizing injustice or asking government officials to abide by their own laws," said PoKempner. "Once again, Vietnam's government has shown it will go to any length to silence those who dare to speak out about religious repression, arbitrary confiscation of land, and the rights of ethnic minorities."

Background

Quang, 45, is general secretary of the Mennonite Church in Vietnam, which is not officially approved by the Vietnamese government. He studied international law at the Faculty of Law of the National University in Ho Chi Minh City from 1995 to 1999. Despite his legal training, he has been prevented from officially practicing as a lawyer because it is necessary to be a member of the Communist Party of Vietnam in order to obtain a license. However he has used this training to help ethnic minorities and low-income people claim redress for violations of their rights, particularly illegal confiscation of their land.

In December, Quang and 30 other church leaders held a sit-in at a police station in Ho Chi Minh City to protest the arrests of 19 Christians who were detained for distributing religious pamphlets during the Southeast Asia Games in Ho Chi Minh City.

In September, Quang issued a strongly worded essay via the Internet that criticized the trial and convictions of several relatives of one of Vietnam's most prominent political prisoners, Father Nguyen Van Ly. Father Ly, a Roman Catholic, was sentenced to 15 years in prison in 2001 for "undermining the policy of national unity" after he submitted written testimony to the U.S. Commission on International Religious Freedom.

For more information, please contact:

In New York, Sam Zarifi: +1 212 216 1213
In London, Urmi Shah: +44 207 713 2788
In Brussels, Vanessa Saenen: +32 2 732 2009

Authorities free ailing cyber-dissident Le Chi Quang

Vietnam | 14.06.2004

Reporters Without Borders welcomed the release today of cyber-dissident Le Chi Quang, two years before he was due to complete his prison sentence, and it called on the authorities to show similar clemency toward the six other cyber-dissidents currently detained in Vietnam.

Reporters Without Borders welcomed the release today of cyber-dissident Le Chi Quang, two years before he was due to complete his prison sentence, and it called on the authorities to show similar clemency toward the six other cyber-dissidents currently detained in Vietnam.

Arrested in February 2003 for posting essays criticising the government online, Quang is suffering from serious kidney problems. This appears to have been the reason for his early release.

"Quang's release is an encouraging first step, but we still expect Vietnam to stop censoring the Internet and stop imprisoning Internet users just for expressing their views online," Reporters Without Borders said. "It should not be forgotten that Vietnam has one of the most monitored and filtered Internets in the world," the organisation added.

A government source said Quang was freed for "humanitarian" reasons. His health got much worse in prison, where he did not receive the treatment he needed for his kidney ailment. Reporters Without Borders had already urged the authorities to release him on medical grounds on 23 September 2003.

The six cyber-dissidents currently detained in Vietnam are :

1- Nguyen Vu Binh, a former journalist with the Communist Party newspaper Tap Chi Cong San, who was arrested on 25 September 2002. Reporters Without Borders is particularly concerned about Binh, as there has been no word of him for about three weeks.
2- Pham Hong Son, the representative of a foreign pharmaceutical company, who was arrested on 27 March 2002.
3- Nguyen Dan Que, an intellectual arrested on 7 March 2003.
4- Pham Que Duong, a former colonel in the Liberation Army, who was arrested on 28 December 2002.
5- Tran Khue, a literature teacher and co-founder of an anti-corruption group, who was arrested on 29 December 2002.
6- Nguyen Khac Toan, a businessman and former army officer, who was arrested on 8 January 2002.

On 22 June, Reporters Without Borders will issue a new report on the obstacles to the free flow of information online in Vietnam and some 60 other countries. It will be available on the Reporters Without Borders website (www.internet.rsf.org).

Background

Quang was sentenced to four years in prison on 8 November 2002 for sending "dangerous" information abroad because he wrote an article and posted it online. Called "Beware of the empire to the north," it detailed the circumstances in which the government signed border agreements with China.

Quang was arrested in a cybercafé by a policeman posing as an ordinary Internet user. The Vietnamese authorities have stepped up monitoring of Internet cafés since March 2004, asking owners to keep a record of the names of all their customers and the websites they visit.

Australian diplomats deny praising Vietnam's human rights

Australian embassy officials deny its diplomats have made public remarks about a visit to Vietnam's restive Central Highlands to assess human rights conditions.

The Vietnam News Agency reported on Saturday that Australian Foreign Ministry officials "acknowledged that there were no signs of violation of human rights and discrimination in Gia Lai [province]".

The report added the officials had said "genuine equality reigns among the community of ethnic groups".

An embassy official says a group of seven embassy and visiting officials visited Gia Lai and Daklak provinces on the weekend.

"We have made no public comment and have given no interviews," the official said.

It is the second time this year diplomats have openly disagreed with state media reports on visits to the communist country's coffee-growing highlands.

Travel to the area by envoys and foreign media is restricted and tightly supervised.

Four ambassadors who went to the region in May disavowed comments attributed to them that praised the development in Daklak province.

The two provinces saw an outbreak of demonstrations in April by hill tribe minorities known loosely as Montagnards, many of whom practise an unsanctioned form of Protestantism.

Human rights groups say the unrest was over land and religious rights, and were a repeat of larger protests in February 2001 that the Vietnamese Government quelled with military forces.

The Vietnamese Government blames overseas groups for instigating the unrest.

Some of the minority tribes accuse the Government of seizing ancestral lands and of discrimination against them in favour of the majority Kinh population.

The region is among the poorest in Vietnam.

-- Reuters

Why Vietnam Persecutes the Montagnards

Interview With Father Giuseppe Hoang Minh Thang

ROME, JUNE 21, 2004 (Zenit.org).- The Vietnamese government launched a crackdown last Holy Week against demonstrators as part of its persecution of Montagnards, primarily Christians. At least 400 people were reported killed in the Daklak province.

The demonstrators, members of regional tribes, were asking for the return of their lands confiscated by the government. They were also asking for religious freedom, and for development of the region, one of the poorest in Vietnam.

To understand the situation better, ZENIT interviewed Father Giuseppe Hoang Minh Thang, who works in the Vietnamese editorial office of Vatican Radio.

Q: Who are the Montagnards?

Father Hoang Minh Thang: The Montagnards, or "Degar," are one of the oldest native peoples of Southeast Asia. They have inhabited the peninsula of Indochina for more than 2,000 years.

Although the majority live in Vietnam, there are several hundred thousand Montagnards also in Cambodia and some tens of thousands in Laos. During the French colonization, which began in the 19th century, it is estimated that the Montagnard population was over 3.5 million. Today the survivors number between 700,000 and 800,000.

When the United States intervened in Vietnam, the Montagnards were on their side, in the hope that their requests for the political, social and cultural autonomy of the whole native population would be recognized.

With the end of the war in Vietnam … the Hanoi regime nationalized the Montagnards' lands without recognizing any of their rights on territories which they had inhabited for thousands of years. Hundreds of villages were destroyed and moved to infertile lands to make way for coffee plantations, property of the state.

The Montagnards represent a population of more than 30 different tribes, with thousands of combatants. The two principal tribes are the Banar, with close to 400,000 people, and the Jarrai, with 300,000. In large measure they are Christians.

The Communist government has never put up with them, first because they allied themselves with the Americans, then because many of them are Christians, and now because their only interest is to possess their lands. But the Montagnards are a hard, fierce ethnic group, and so they rebel.

Q: Is the news about their persecution true?

Father Hoang Minh Thang: The Montagnards have always been very courageous. Back in 2001 they held a demonstration of 20,000 people against the government.

According to some, it is possible that the government ordered their men to stir these protests to be able to decimate all the Montagnard leaders, enticing them to a snare -- a classical strategy used by all dictatorships worldwide.

On the eve of the 2004 Easter celebrations, the Montagnards organized a demonstration starting from their widespread villages, across municipalities and reaching provincial capitals in the central highlands of Vietnam, to come together and pray publicly before the buildings of the Vietnamese Communist Party.

The motto was "Moak Hrue Yesus Kgu Hdip" -- Joyful Day, Christ Has Risen. According to local sources, there were 130,000. Government forces used arms causing about 400 deaths.

It is difficult to confirm what really happened because the Vietnamese government impeded foreigners from going to the region. All foreign citizens had to get off airplanes going to Buon Ma Thout; flying over the area was prohibited.

Personnel from the U.S. Embassy traveling by car to the region were blocked for security reasons.

Q: How important is the Christian faith for the Montagnards?

Father Hoang Minh Thang: One hears from different quarters talk about persecution against Christian Montagnards. Despite the persecution and the exodus of priests and missionary pastors at the time the Communist regime was established, the Montagnards have kept the faith.

In my diocese alone there are more than 180,000 Catholic Montagnards. We have gathered several testimonies of Montagnards who have been able to keep the faith and not forget the liturgical prayers by listening to Radio Veritas, which broadcasts from Manila the program of the Vietnamese office of Vatican Radio.

The regime has threatened them, demanding that they abandon the Christian faith, but they have refused to do so.

They have lost their jobs, they cannot send their children to the public school, but they continue to defend their faith. They recently built six wooden churches in six different villages.

Q: Vietnam needs to develop and to do so it will have to make democratic overtures. What is your opinion in this respect?

Father Hoang Minh Thang: From the point of view of human rights and religious freedom, the government is obliged to keep them in mind for commercial reasons. But in general it tends to resist changes.

To tell the truth, no Communist believes any longer in Communist ideology, which they themselves have betrayed, now following the capitalist system. The only thing they believe in is money, a lot of money, and power.

This explains the plague of corruption never before seen in the history of Vietnam. And to achieve this objective the government continues to use the specter of communism and socialism to oppress and spread terror and fear to be able to squeeze the people more effectively.

But this cannot last forever, because the seed bears in itself its own destruction.

US Bishop Urges Vietnam to Improve Religious Freedom

May 04, 2004 United States Conference of Catholic Bishops

WASHINGTON (April 29, 2004) -- Despite reported improvements in religious freedom in Vietnam, the "violent repression" of some Vietnamese Christians and tthe detention of a Catholic priest are sources of "grave concern," according to the chairman of the US Conference of Catholic Bishops' International Policy Committee.

In a letter sent yesterday to Nguyen Tam Chien, Vietnam's ambassador to the United States, Bishop John H. Ricard, SSJ, of Pensacola-Tallahassee, said he was pleased to hear that the situation of the Catholic Church in Vietnam had improved in recent years and urged the establishment of an official relationship between that country and the Holy See.

However, he called the treatment of the Montagnard or Dega people, and particularly "the violent repression of their Easter observances this month ... especially reprehensible."

Bishop Ricard also requested a full commutation of the prison sentence imposed on Father Nguyen Van Ly, "whose only known offense was to submit testimony to the U.S. Commission on International Religious Freedom critical of Vietnam's behavior in this area."

Bishop Ricard asked that the ambassador forward the U.S. bishops' concerns to the Vietnamese government.

The full text of his letter follows:

"Dear Mr. Ambassador,

"Five years ago, together with other American bishops, I had the pleasure of visiting Vietnam and meeting with our brother bishops and fellow Catholics of Vietnam. Also in meetings with government officials in Hanoi and Hue and Ho Chi Minh City, we had frank and respectful discussions about the situation of religious life in your country.

"We were pleased to hear from our brother bishops of the improvements in the area of religious freedom in recent years, especially as concerns the Catholic Church. While full religious freedom for all believers seems still a future hope, we believe that the annual visits of the delegation of the Holy See have played a helpful role in these improved relations. We continue to hope that your Government will see the wisdom soon of establishing the long-desired official relationship with the Holy See.

"Recent and widely reported events affecting the Montagnard or Dega people in the Central Highlands, however, are a matter of grave concern to us who wish only good for the Vietnamese people. These largely Protestant Christians have been treated brutally by the authorities for years, with the violent repression of their Easter observances this month being especially reprehensible. I ask you to convey to your Government these concerns of the Catholic Church in the United States.

"Another painful issue is the continued detention of a priest whose only known offense was to submit testimony to the U.S. Commission on International Religious Freedom critical of Vietnam's behavior in this area. By imprisoning Fr. Nguyen Van Ly, an otherwise obscure human rights advocate, your Government has converted him into one of the world's better known prisoners of conscience and given greater reason for criticism of Vietnam's record on human rights and religious freedom.

"I urge your Government to commute, not merely further reduce, Father Ly's sentence. May I ask you also to convey this additional concern of the Catholic Church here to your Government."

Office of Communications
United States Conference of Catholic Bishops
3211 4th Street, N.E., Washington, DC 20017-1194 (202) 541-3000

To Vietnamese Communists, From Garden Grove: Stay Away

To the delight of observing crowds, council members easily pass a resolution voicing opposition to visits by Hanoi delegations.

By David Haldane
Times Staff Writer

May 12, 2004

With a unanimous vote Tuesday by the City Council, Garden Grove became the first U.S. city to officially declare itself a "no-communist zone," going on record as strongly opposing visits from representatives of the Socialist Republic of Vietnam.

Because "the vast majority of … residents of Vietnamese descent … reject the current dictatorial rule of the Vietnamese Communist Party," reads the resolution passed before a cheering throng of Vietnamese American residents, the city "does not welcome or sanction high-profile visits, drive-bys or stopovers by members and officials of the Vietnamese communist government. "

The resolution urges city employees and officials to refrain from "initiating engagements with or facilitating" visits by Vietnamese communists, opposes the expenditure of city funds to promote such events and directs the police chief to require a minimum 14-day notice from any agency or jurisdiction requesting public safety assistance in connection with them.

"This is a moral issue for these people," Mayor Bruce Broadwater, who proposed the resolution, said following the vote as an overflow crowd of about 200 Vietnamese residents, who had watched the meeting on television monitors from an adjacent room, chanted "Thank you" and "We love you."

"They have very strong feelings about this," Broadwater said.

Added Councilman Mark Rosen, speaking directly to the crowd: "As long as the people in Vietnam don't have the right to speak for themselves, the Garden Grove City Council will speak for them on behalf of freedom."

The council's resolution — which expires on April 30, 2009, or, in its own words, "at the time when the U.S. State Department officially declares that Vietnam is a free and democratic nation" — came less than a week after neighboring Westminster postponed a widely anticipated vote taking similar action.

Both Westminster and Garden Grove have large numbers of Vietnamese American residents, many of whom fled their native land as refugees more than three decades ago.

Chien Ngoc Bach, a spokesman for the Vietnamese Embassy in Washington, expressed disappointment at Tuesday's vote.

"Those who favor and advocate such a resolution," he said, "do not serve the interests of the majority of the Vietnamese people, and they are making a desperate attempt to hinder an irreversible trend of contacts and exchanges between the government of Vietnam and Vietnamese people living in the U.S."

In reaching out to Vietnamese Americans, he said, the government of Vietnam "advocates putting the past behind us and looking forward to the future."

The Garden Grove and Westminster resolutions were launched late last month after the State Department gave Garden Grove two days notice that a delegation of Vietnamese officials on a goodwill trip would be touring Little Saigon, a largely Vietnamese area that straddles both cities.

The tour was canceled when police said they couldn't ensure the delegates' safety.

Last year, both cities adopted laws declaring that the flag of the former nation of South Vietnam — which the communist republic replaced after the Vietnam War — be flown during city-sponsored events.

And in 1999, Vietnamese community members — at one point numbering 15,000 — demonstrated for 53 days after a Westminster video shop owner hung a picture of communist leader Ho Chi Minh and the communist flag.

Tuesday's resolution has been debated by legal and political experts, some of whom see potential legal and ethical issues. A constitutional law expert reviewing the proposed Westminster resolution, however, said recently that he saw no immediate problems. "If they're just passing a nonbinding resolution expressing their concern about delegations," said John Eastman, a professor at Chapman University, "they have no less a right to do that than any other citizen."

Vietnam: Open Central Highlands to International Observers
Reported Killings of Montagnard Protesters Must be Investigated Immediately

For Immediate Release:

(New York, April 22, 2004) - Vietnamese security forces appear to have coordinated with armed men in civilian clothing to savagely attack Montagnard protesters at more than a dozen mass demonstrations during Easter weekend, Human Rights Watch said today.

"The international community must act now and insist that Vietnam allow independent observers into the highlands to conduct a thorough and impartial investigation," said Dinah PoKempner, General Counsel for Human Rights Watch. "We've received alarming reports that scores of protesters were wounded during the demonstrations, and that some protesters were beaten to death."

Large-scale unrest involving between 10,000 and 30,000 indigenous minority Montagnards occurred in the Central Highland provinces of Dak Lak, Gia Lai, and Dak Nong on April 10 and 11, according to Vietnam's state media and independent accounts. Montagnard activists in Vietnam and abroad say that their movement seeks to peacefully press for religious freedom and return of ancestral lands in the Central Highlands. The Vietnamese government has charged that "anti-government" and "counter-revolutionary" elements are inciting the Montagnards to seek a separatist state.

Human Rights Watch has received firsthand reports that security forces and men in civilian clothing, armed with metal bars, shovels, clubs with nails attached to them, machetes, and chains, confronted Montagnard protesters at more than a dozen locations leading into Buon Ma Thuot, the capital of Dak Lak province, on the morning of April 10. According to witnesses, the demonstrators were not armed, although some defended themselves when attacked by throwing stones at the police.

In 12 eyewitness accounts obtained by Human Rights Watch, sources from seven different locations in Dak Lak, Gia Lai and Dak Nong provinces described seeing Vietnamese police, and civilians working with the police, beating protesters. Vietnam's state-controlled media reported that two protesters were killed - one from rocks thrown by other protesters and another who was run over by a tractor driven by Montagnards. While it is impossible to confirm the numbers of casualties because the government is barring outside observers from the region, to date Human Rights Watch has received credible eyewitness accounts that at least 10 Montagnards were killed -- one from a gunshot wound to the head and the others from beatings -- and hundreds were wounded.

Clashes broke out at more than a dozen locations when security forces and ethnic Vietnamese in civilian clothes blocked demonstrators on roadways leading into Buon Ma Thuot, including Phan Chu Trinh Road northwest of the city; at Ea Knir Bridge on the road from Ea Kao commune, which lies east of the city; and at three locations along the road leading to Krong Pak district town, which lies northeast of the city, including the Ea Pak and Krong Ana bridges. Particularly hard hit at Phan Chu Trinh Road were 3,000 protesters from several villages in Cu Mgar district, northwest of Buon Ma Thuot.

"The security forces were well prepared for the protesters," said PoKempner. "They had set up ambushes at key places such as bridges and the main roads into the city, and assembled people dressed as civilians holding crude weapons to block the roads and attack the protestors."

Security officials confiscated and burned hundreds of the farm tractors and makeshift trailers that many Montagnards were traveling on, which had been packed with food and supplies in preparation for several days of protests.

In Gia Lai province, Vietnamese state media reported that demonstrators from Ayun Pa, Cu Se, Dak Doa, Duc Co and Chu Prong districts gathered at the provincial administrative offices in Pleiku provincial town on April 10. On April 11, Montagnards gathered to demonstrate in numerous communes in Ayun Pa, Cu Se, and Dak Doa districts of Gia Lai. Human Rights Watch has received reports of clashes in at least 17 locations in Gia Lai, with the fiercest incidents occurring in Ha Bau, A'Dok and Glar communes of Dak Doa district and Ia Tiem commune of Cu Se district.

State media reported that the provincial hospital in Pleiku received 52 injured people. The provincial hospital in Dak Lak reported 40 injured people on the night of April 10. Prior to a government-imposed news blackout on hospital personnel, staff at Pleiku hospital told reporters that they had received scores of wounded people on Sunday night, many with deep gashes and head injuries, and that at least two demonstrators died that night. Many other wounded demonstrators, fearing arrest, have not gone to the hospitals despite being in need of medical attention, Human Rights Watch said.

Witnesses said authorities quickly collected wounded people and dead bodies from the Phan Chu Trinh area, and that within days, the blood on the roadway had been washed away.

Human Rights Watch stressed the urgency of an independent investigation.

"We fear that a huge cover-up operation has likely already taken place," said PoKempner. "The Vietnamese government needs to account for the large numbers of people who never returned to their villages after the demonstrations and are now feared to be dead or detained at unknown locations."

Hundreds of Montagnards have fled their villages and gone into hiding, Human Rights Watch said. In violation of Cambodia's obligations under international law, Cambodian security forces have been instructed to deport any Montagnards who try to cross the border.

Testimony: The Killings on Phan Chu Trinh Road

A 26 year old Ede woman described a deadly incident she witnessed on Saturday morning, April 10, when several thousand Montagnard protesters, some riding on their farm tractors, arrived at Phan Chu Trinh road, an industrial area of machine shops and welding supply stores on the outskirts of Buon Ma Thuot. Police had lined up students and ethnic Vietnamese men in civilian clothing holding metal bars, shovels, and machetes along the roadway, she said.

"They suddenly rushed at the unarmed crowd, beating the demonstrators until many were lying in the streets," she said. "They chased demonstrators who tried to flee, including children and women."

She and many other demonstrators fled to the coffee fields behind the shops lining the roadway, chased by security forces. She described what happened:

A thousand people tried to get away from the slaughter by the police and civilians. They were beating us with metal bars and sticks. People were bleeding from their throats, noses, mouths, and eyes. The villagers were crying as they tried to get away from the slaughter by the police and civilians. We were running helter-skelter. Those who tried to hide in the coffee plantation were caught, beaten and killed on the spot. Police, students, and Vietnamese threw rocks at us. Many of us were bleeding from being hit on our heads with rocks. Many people were injured and bleeding. We didn't have any first-aid for their wounds. They were bleeding from their throats, noses, mouths, and eyes. A blind woman sitting on the farm tractor was killed on the road by a dozen Vietnamese people, including police. They asked her to get down from the tractor but she could not because she was blind. They rushed at her and beat her until she fell from the tractor and died. The police and Vietnamese civilians smashed and stepped on our food, clothing and blankets we had prepared for a long-term peaceful demonstration asking for freedom and the end to harassment of our religion and our Montagnard life.

For more information, please contact:

In New York, Dinah PoKempner: +1 917 609 1230 (mobile) or +1 212 216 1210 (office)
In Washington D.C., Liz Weiss: +1 301 980 8835
In London, Urmi Shah: +44 207 713 2788
In Brussels, Vanessa Saenen: +32 2 732 2009

Letter from wife of Pham Que Duong to Vietnamese Authorities

Socialist Republic of Vietnam
Independence-Liberty-Happiness

To: Party and State Leaders
The People’s Court of Hanoi

From: Do, Thi Cu
Wife of Colonel Pham Que Duong

Learning that the People’s Court is about to try my husband, Colonel Pham Que Duong with the espionage charge, despite his ailing conditions, I feel compelled to send this letter to all of you.

I had previously sent 3 letters to the Party and state leaders, but have yet to receive a word of response. Where do I go to seek justice? The situation brings back to my mind the lyrics of a song: “I call upon God, God did not hear me. I call upon the Earth, Earth did not respond. I call upon the Party; the Party turns a deaf ear. Where do I go to find justice?”

My name is Do Thi Cu. I am 62 years of age and have 38 years with the Party. When I was still active with the lumber union of Vietnam, Mr. Nong Duc Manh was an assistant to the forestry service of Thai Nguyen province. He and I are of approximate age; we have the same tenure with the Party. Now, one of us is a head of state, the other is a second class citizen with a husband being wrongly accused. I sent a letter to Mr. Nong to seek justice; he did not even bother to respond.

I am a simple woman. I’m not strong in litigating, but I know my husband well. My husband can never be a spy. He joined the revolution way before 1945 and is rewarded with senior pension for his service during the pre-revolution years. Through various projects and different positions, he was promoted to a high ranking officer position with the people’s army. If he is a spy, then the effort to train cadre of the party for more than half a century is down the drain. Accusing him of espionage is to dishonor the proud history of the people’s army, to humiliate the revolutionary history of Vietnam.

I can understand your anger at Mr. Duong for his candid, bold statement without regard that the mistakes were committed by his superiors. But, to accuse him of espionage is mean.

As a wife, I cannot keep quiet knowing that my husband is in danger. That would be wrong of me. My question is, for which country are you accusing my husband of spying for? Is it the U.S? England? France? Or Germany? Or is it Russia, or China? Please be specific.

The statement/announcement from the Office of Thoughts/Culture about the charge of espionage on my husband is very mean, it is full of ambiguity, not to mention unlawful.

It was said that the search of my home turned up 902 documents, yet the type of documents was not clearly stated. What spy would be foolish enough to keep 902 documents in the house? In fact, those are written documents on democracy, on historic and famous sites, on the hero of yesteryear and today as well as letters of complaint from people asking for help. My husband is a media man and a history researcher. He needs documents to do his research.

Would a spy be naïve enough to keep receipt of payment at home? I don’t know how much money my husband had at time of arrest, but the amount of $2,001 dollars the police confiscated from me in Saigon was my savings throughout many years. On my first and also last trip to Saigon because of my age, I converted my savings into dollars for shopping convenience. I had filed numerous requests to ask that the money be returned to me so I can take care of my newborn grandchild, but my request was ignored. Once again, I proclaim that the money is mine, it is not spy money. To use such money to condemn my husband of espionage is cruel, unjust and pure evil.

What spy would loudly voice up his opinion to comment on the mistakes of the Party and the state? A spy would keep a low profile, stay undercover and make a front so the police and state leaders would trust him. A spy would not publicly state his political opinion. Therefore, to accuse my husband of spying is unjust, unfounded.

My husband does not share the same political opinion with the Party and the State. He protests the Party elimination of General Tran Do. He returned his Party identification card. He filed an application to form an anti-corruption association. He speaks against the arrests, confiscation of books and publications as well as other violations of human rights of the state. His actions upset the state’s leaders, but his actions are not illegal. Anger can be dealt with in many different ways such as debate and criticism; arrest, condemnation and unjust accusation should not be used.

I strongly protest your accusation that my husband is a spy.

I ask that the trial of my husband be an open one as provided by the law so everybody can attend. The domestic and international press should be allowed to attend and report on it. The trial should not be closed to public as the previous ones, for that is unfair for the accused. To quietly try and condemned someone of an unfounded crime is a crime. That is unacceptable. An unfair trial will not earn respect from anyone, will convince no one.

I am asking the state leaders to consider my letter.
I am asking the people’s court of Hanoi to consider my letter

Written in Hanoi, March 01, 2004
Do Thi Cu
Wife of Colonel Pham Que Duong
Address: 37 Ly Nam De, Hanoi

Copy to:
Office of the General Secretary of the Politburo
Office of the President
Office of the Prime Minister
Office of the Parliament
KSNDTC Institute
People’s Court of Vietnam National Front
Veterans’ Association
Media/Press

Pastor Nguyen Hong Quang and Fellow Vietnamese Christians Appeal for Help

Free Vietnam Alliance
Press Release

March 2, 2004

According to sources in Saigon, Pastor Nguyen Hong Quang has alerted associates that public security forces have surrounded his residence.

On March 2, 2004, at around 4:15pm, a group of public security officers from two units--public security of Ward Binh Khanh (District 2 Saigon) and public security of a unit reportedly involved in liquidating opponents--surrounded the home of Pastor Nguyen Hong Quang. The public security ordered everyone inside the home, including Pastor Nguyen Cong Chinh who just returned from Kontum, to report to the Ward public security station. The situation at the house is currently very tense as people remain inside.

Since September 2003, the Vietnamese Communist government has stepped up attacks against Christians. In addition to the ongoing repression in the Central Highlands, authorities have targeted the Mennonite house churches throughout the southern party of the country.

Pastor Nguyen Hong Quang, who serves as vice president of the Vietnamese Mennonite Church and chairman of the Legal Committee of the Vietnam Evangelical Fellowship, has been at the forefront of defending the religious rights of victims. Trained as a lawyer, he petitioned against the crackdown by authorities in Ward Binh Khanh (District 2, Saigon) on September 9, 2003. He protested the District 11, Saigon public security’s brutal tactics against church followers and detainment of Pastor Bui Van Ba, general secretary of the Full House Gospel House Church, on August 18, 2003. Most recently in January 2004 when the public security demolished the house church of Pastor Nguyen Cong Chinh in Kontum and severely beat Pastor Chinh’s wife and children, Pastor Quang arranged for Pastor Chinh to come stay at his home in Saigon.

The Free Vietnam Alliance urgently calls on the international community to intervene on behalf of Pastor Nguyen Hong Quang, Pastor Nguyen Cong Chinh and all other Vietnamese being persecuted for their peaceful religious activities.