[House Hearing, 113 Congress]
[From the U.S. Government Publishing Office]
HIGHLIGHTING VIETNAMESE GOVERNMENT
HUMAN RIGHTS VIOLATIONS IN ADVANCE OF
THE U.S.-VIETNAM DIALOGUE
=======================================================================
HEARING
BEFORE THE
SUBCOMMITTEE ON AFRICA, GLOBAL HEALTH,
GLOBAL HUMAN RIGHTS, AND
INTERNATIONAL ORGANIZATIONS
OF THE
COMMITTEE ON FOREIGN AFFAIRS
HOUSE OF REPRESENTATIVES
ONE HUNDRED THIRTEENTH CONGRESS
FIRST SESSION
__________
APRIL 11, 2013
__________
Serial No. 113-54
__________
Printed for the use of the Committee on Foreign Affairs
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COMMITTEE ON FOREIGN AFFAIRS
EDWARD R. ROYCE, California, Chairman
CHRISTOPHER H. SMITH, New Jersey ELIOT L. ENGEL, New York
ILEANA ROS-LEHTINEN, Florida ENI F.H. FALEOMAVAEGA, American
DANA ROHRABACHER, California Samoa
STEVE CHABOT, Ohio BRAD SHERMAN, California
JOE WILSON, South Carolina GREGORY W. MEEKS, New York
MICHAEL T. McCAUL, Texas ALBIO SIRES, New Jersey
TED POE, Texas GERALD E. CONNOLLY, Virginia
MATT SALMON, Arizona THEODORE E. DEUTCH, Florida
TOM MARINO, Pennsylvania BRIAN HIGGINS, New York
JEFF DUNCAN, South Carolina KAREN BASS, California
ADAM KINZINGER, Illinois WILLIAM KEATING, Massachusetts
MO BROOKS, Alabama DAVID CICILLINE, Rhode Island
TOM COTTON, Arkansas ALAN GRAYSON, Florida
PAUL COOK, California JUAN VARGAS, California
GEORGE HOLDING, North Carolina BRADLEY S. SCHNEIDER, Illinois
RANDY K. WEBER SR., Texas JOSEPH P. KENNEDY III,
SCOTT PERRY, Pennsylvania Massachusetts
STEVE STOCKMAN, Texas AMI BERA, California
RON DeSANTIS, Florida ALAN S. LOWENTHAL, California
TREY RADEL, Florida GRACE MENG, New York
DOUG COLLINS, Georgia LOIS FRANKEL, Florida
MARK MEADOWS, North Carolina TULSI GABBARD, Hawaii
TED S. YOHO, Florida JOAQUIN CASTRO, Texas
LUKE MESSER, Indiana
Amy Porter, Chief of Staff Thomas Sheehy, Staff Director
Jason Steinbaum, Democratic Staff Director
------
Subcommittee on Africa, Global Health, Global Human Rights, and
International Organizations
CHRISTOPHER H. SMITH, New Jersey, Chairman
TOM MARINO, Pennsylvania KAREN BASS, California
RANDY K. WEBER SR., Texas DAVID CICILLINE, Rhode Island
STEVE STOCKMAN, Texas AMI BERA, California
MARK MEADOWS, North Carolina
C O N T E N T S
----------
Page
WITNESSES
The Honorable Anh ``Joseph'' Cao, former Member of Congress...... 9
Mr. Vo Van Ai, president, Vietnam Committee on Human Rights and
Que Me: Action for Democracy in Vietnam........................ 53
Ms. Anna Buonya, spokesperson, Montagnard Human Rights
Organization................................................... 60
Ms. Danh Bui, sister of a victim of human trafficking............ 68
Mr. Tien Tran, victim of religious persecution at the Con Dau
Parish......................................................... 75
Mr. John Sifton, advocacy director for Asia, Human Rights Watch.. 83
LETTERS, STATEMENTS, ETC., SUBMITTED FOR THE HEARING
The Honorable Anh ``Joseph'' Cao: Prepared statement............. 12
Mr. Vo Van Ai: Prepared statement................................ 55
Ms. Anna Buonya: Prepared statement.............................. 63
Ms. Danh Bui: Prepared statement................................. 70
Mr. Tien Tran: Prepared statement................................ 77
Mr. John Sifton: Prepared statement.............................. 86
APPENDIX
Hearing notice................................................... 108
Hearing minutes.................................................. 109
Ms. Anna Buonya: Material submitted for the record............... 110
The Honorable Christopher H. Smith, a Representative in Congress
from the State of New Jersey, and chairman, Subcommittee on
Africa, Global Health, Global Human Rights, and International
Organizations: Statement of Boat People SOS and Hmong National
Development, Inc............................................... 112
HIGHLIGHTING VIETNAMESE GOVERNMENT
HUMAN RIGHTS VIOLATIONS IN ADVANCE
OF THE U.S.-VIETNAM DIALOGUE
----------
THURSDAY, APRIL 11, 2013
House of Representatives,
Subcommittee on Africa, Global Health,
Global Human Rights, and International Organizations,
Committee on Foreign Affairs,
Washington, DC.
The subcommittee met, pursuant to notice, at 10 o'clock
a.m., in room 2172 Rayburn House Office Building, Hon.
Christopher H. Smith (chairman of the subcommittee) presiding.
Mr. Smith. The hearing will come to order, and I want to
wish everybody a good morning, and thank you for joining us for
this important hearing to examine the ongoing human rights
situation in Vietnam. The Vietnamese Government continues to be
an egregious violator of a broad array human rights. Our
distinguished witnesses who are joining us here today including
our former colleague Anh Cao, and many very distinguished
people who have in many cases themselves suffered, and who will
provide detailed accounts. And I'd like highlight just a few
areas of grave concern.
Despite the State Department's decision in 2006 to remove
Vietnam from the list of Countries of Particular Concern, or
CPC, as designated pursuant to the International Religious
Freedom Act, Vietnam, in fact, continues to be among the worst
violators of religious freedom in the world. According to the
United States Commission for International Religious Freedom
2012 annual report, ``The Government of Vietnam continues to
control all religious communities, restrict and penalize
independent religious practice severely, and represses
individuals and groups viewed as challenging its authority.'' I
agree with the Commission's conclusion that Vietnam should be
designated a CPC.
I met courageous religious leaders during my last trip to
Vietnam who are struggling for fundamental human rights in
their country. Unfortunately, many of them including Father Ly,
and the most Venerable Thich Quang Do, remain wrongly detained
today. There are disturbing reports that Father Ly is suffering
poor health. Leaders of religious organizations are not only
victimized by the Vietnamese Government, individuals in small
communities are also targeted by their regime.
One of our witnesses today, Mr. Tien Tran, will speak of
the brutality that he experienced as a member of the Con Dau
Parish that was violently repressed in 2010 when they tried to
have a funeral procession. I will point out parenthetically
that we held hearings then. And Congressman Cao will remember
it so well because he did so help put those together, and we
talked about the fact that the bullies actually rained upon
people during a funeral and beat them, and told them that they
could not continue with their funeral procession. And
unfortunately, people died, people were incarcerated and
torture was rampant.
The State Department's upgrade of Vietnam from Tier II
watch list to Tier II with respect to minimum standards for the
elimination of human trafficking also needs to be critically
examined. The Department's 2012 Trafficking in Persons Report
states only that Vietnamese women and children are being
sexually exploited, but there are severe labor abuses occurring
as well with, not in the absence of, but with the government's
complicity. The report acknowledges that state licensed labor
export companies engage in fraud and charge illegal commissions
for overseas employment, and that there are documented cases of
recruitment companies ignoring pleas for help from workers in
exploitative situations.
I would note again that Dr. Thang has been instrumental in
bringing huge amounts of evidence forward not only to
committees and hearings that I have held and we have held in
the past, but also to the Department of State, asking them to
use that in bringing their conclusion to a Tier III ranking,
because it is unmistakable that on this score card Vietnam
deserves a Tier III ranking as well. As the sponsor of the
Trafficking Victims Protection Act I am deeply disturbed that
the tier rankings are not being better utilized by our State
Department to pressure Vietnam to correct the trafficking
abuses occurring within its government, not to mention those in
the private sector.
We will hear from Ms. Hui Danh who will testify about the
ordeal that her sister has endured as a victim of human
trafficking. I am deeply disturbed by her story because her
sister's situation actually got worse when she asked for help
from the Vietnamese Embassy. I greatly admire her courage, and
the subcommittee is most appreciative of her willingness to
speak out and to bring attention to this issue.
Despite the dismal status for human rights in Vietnam we
can exert pressure on the Vietnamese Government to cease these
abuses. I will be introducing the Vietnam Human Rights Act very
soon. We are in the final drafting stage of that legislation,
and our hope is that swift congressional action on this bill
will send a very strong message that Congress will not tolerate
continuing human rights abuses in Vietnam. I will note
parenthetically that this bill, in a different iteration, but
very similarly crafted, has passed the House of Representatives
with huge margins on two occasions only to die in the United
States Senate because holds were put on it to block even a vote
by the United States Senate.
Finally, during the human rights dialogue with Vietnam in
Hanoi, it is imperative that the U.S. Government send an
unequivocal message to the Vietnamese regime that it must end
its human rights abuses against its own citizens. This message,
however, should not be confined to the human rights dialogue
alone. It must be raised at each opportunity that we have with
talks with the Vietnamese Government. It should be pervasive
every time business, cultural or any exchange occurs. The
ongoing plight of people like Father Ly, the evangelicals, the
Montagnard, the Hmong, and The Venerable Thich Quang Do, and
all the others who have been repressed, needs to be on the
table. They need to know that we mean it, that we have not put
this in a compartment, hermetically sealed from all other
aspects of our bilateral relationship, that human rights
matters to this country and matters to the American public.
We are joined by our distinguished chairman of the full
Foreign Affairs Committee, Mr. Royce of California who has been
a champion of human rights in Vietnam, for however much time he
may consume.
Mr. Royce. Thank you. I want to thank Congressman and
subcommittee Chairman Smith for that, and Karen Bass of
California also, the ranking member here of this subcommittee.
And let me begin by saying what a pleasure it is to see
Representative Cao with us today, and not only to welcome him
back but to say that his voice is sorely missed on the Hill
here as one who spoke consistently for human rights, for
religious freedom. And indeed that brings us to the subject
today.
The panel that is here has shown a very real dedication. A
lot of expertise here in the subject of human rights. But I
think it is absolutely dire today that our Department of State
and we in the United States and the Congress, in the Senate and
the House, manage to express to the Government of Vietnam that
they are backsliding. Their walking in the wrong direction on
religious freedom and freedom of expression is raising such a
serious concern not only among the international community but
I hear it from Vietnamese-Americans. And I saw it firsthand, I
have to share with you.
In a trip I took to Vietnam I had an opportunity to talk to
some of the religious leaders including The Venerable Thich
Quang Do. But I talked to several who were under house arrest.
Now one of those was subsequently at one of these religious
demonstrations and was beaten in such a way as he was
permanently injured. And for those of you who follow these
human rights cases, and follow particularly the case of
religious leaders who refuse to bend to the party in Vietnam--
and why do they? Well, as explained to me, as shown to me, the
Buddhist texts are rewritten by party functionaries so that
they are a small fraction of the original text, but the
meaning, the meaning of the text has been changed.
And so when the government itself says, well, we have our
own new appointed Buddhist leader that we are going to
recognize, that's because that individual is willing to bend
and change the faith. And the question that I have is that when
we took Vietnam off of the Country of Particular Concern list
the deal was that the government in Vietnam was going to
recognize religious freedom. Now that means a cessation. That
means ending the process of beating religious leaders who try
to speak out for freedom of religion. That means ending the
process of seizing church property. That means allowing,
allowing all faiths to practice.
And I am looking at the 2013 report of the Human Rights
Watch, looking down through that. The conclusion is Vietnam
suppresses nearly every human right from freedom of expression,
freedom of association, religious freedom. And I think that as
we look at the excessive use of force not just against
religious leaders but also young kids that want to use the
Internet in order to gain access to information, to see the
sentencing for those that are involved in any kind of dialogue
about freedom of expression, and see them locked away for these
long periods of time, to see the functionaries of the
government beating people with electric batons to break up
protests over any issue including environmental issue, and this
has remained the same for many years, but frankly it is getting
worse.
Vietnam, over the first 6 weeks of this year, the
Government of Vietnam have convicted in show trials 40
dissidents. Now that means in just less than 2 months the
Communist government there has already eclipsed the entire
total of last year. That is why these witnesses came here today
to speak out, is because things are regressing in Vietnam. And
despite this behavior, Vietnam is actively pursuing a seat at
the U.N. Human Rights Council. The words have no meaning. And
in terms of the trafficking issue, which Chris Smith has been
involved in for so many years, to hear the individual stories,
to hear the complicity of the government, the Government of
Vietnam doesn't want these stories to surface about what is
actually happening to these traffic victims. And that indeed is
why if you complain to the government you might find yourself
in worse shape than if you just suffer through. And the
government makes money in so many cases off of the abuse of
workers, but for the trafficking victims it is really hell.
Their life is a life that no one would ever want to go through.
We have got to have the U.S. Government stand up for moral
principle here.
Now the State Department is heading over to Vietnam for the
next round of talks in the U.S.-Vietnam Human Rights Dialogue.
And during those talks I hope that these cases that we discuss
today, I hope that our Government here in the United States
makes it absolutely clear, if Vietnam is serious about pursuing
a stronger relation with the United States, well, that is
contingent on it starting with one thing for certain, and that
is, the human rights situation has got to be improved in terms
of religious freedom, in terms of these traffic victims, and in
terms of freedom of expression for these young people in
Vietnam who want to simply have a dialogue. We can't have these
show trials. We can't have this kind of abuse. We can't have
these beatings. It must end. It must end now. And I commend the
chairman for holding this hearing, and I yield back.
Mr. Smith. I want to thank the distinguished chairman of
the full committee, Mr. Royce, for his longstanding and very
effective leadership on behalf of the suffering people in
Vietnam and for his very eloquent statement this morning.
Ms. Bass, ranking member.
Ms. Bass. Thank you, Chairman Smith, as well as Chairman
Royce, for your years of work on human rights. And I am glad
today that we are joined by my good colleague from California,
Congressman Alan Lowenthal. I want to offer my gratitude today
to today's witnesses for your testimony, and I look forward to
your insights and perspectives.
As we turn to another country and set of human rights
issues that greatly require congressional and global attention,
it is my hope that this hearing will lead to improved
conditions for the Vietnamese people, where freedom of speech,
the end of religious persecution, freedom of the press, any
free press, are permitted to thrive in a society that is open
and truly free.
Tomorrow the U.S. and Vietnam will hold the 17th of its
human rights dialogues, where there might be some advances--and
I am sure today's witnesses will confirm that or not--in the
government's crackdown on various freedoms. This is by no means
widespread. Organizations such as Human Rights Watch, Amnesty
International, and the Vietnam Human Rights Network continue to
document the full extent of the government's efforts to
undermine the human rights of its citizens at every turn. The
upcoming meeting between our two governments presents no better
time than the present to raise the seriousness of these
concerns and abuses, particularly as the Vietnamese Government
seeks a seat on the U.N. Human Rights Council for 2014 to '16.
I would like to make very brief remarks on the freedom of
speech, human trafficking, and religious persecution. Freedom
of expression is fundamental in a society that thrives. Last
year the Vietnamese Government arrested activists, bloggers,
and human rights lawyers detaining them for extended periods of
time, denied them access to legal counsel, prevented them from
contacting their families, and prosecuted them in politically
charged trials. Those convicted and sentenced merely sought a
society in which their fellow citizens criticized their
government to improve society and ensure policies do not exist
where people live in fear or are under the threat of censor or
arrest.
I am particularly concerned about the trafficking of women,
men, and children around the region, and hopefully the
witnesses today will give us additional information about that.
It is my understanding that both women and men are forced into
sexual labor. Women are sold as mail-order brides or surrogate
mothers. Men are often sold into indentured servitude. And the
most vulnerable citizens, children, are exploited for the
purposes of sex, labor, forced begging, or bonded labor.
According to the State Department's 2012 Trafficking in Persons
Report, the Vietnamese Government has made some efforts to curb
trafficking, but more must be done to combat sexual slavery and
the illegal transfer of children to Cambodia, China and
elsewhere.
I am also troubled by the persecution of religious
minorities across Vietnam. Government seizure of lands,
particularly those belonging to religious or other minority
groups, the resale of lands belonging to churches and temples,
and the infiltration of religious organizations by government
agents demonstrate contempt for religious freedom. People
should be able to practice their beliefs without fear of
punishment or persecution by government officials.
I want to conclude by reminding all of us and all our
governments the important words that enshrined within the
Universal Declaration of Human Rights. These words provide us a
framework and serve as a guide to ensure that all people are
free, live in open and just societies, and their governments,
including our own, work with and for people rather than
against. Everyone is entitled to all the rights and freedoms
set forth in this declaration without distinction of any kind
such as race, color, sex, language, religion, political or
other opinion, national or social origin, property, birth, or
other status. Furthermore, no distinction shall be made on the
basis of the political, jurisdictional, or international status
of the country or territory to which a person belongs whether
it be independent, trust, non-self-governing or any other
limitation of sovereignty. Everyone has the right to liberty,
life, and security of person. No one shall be held in slavery
or servitude. Slavery and the slave trade shall be prohibited
in all these forms. No one shall be subjected to arbitrary
arrest, detention or exile.
Today I look forward to your testimony, and I yield back my
time.
Mr. Smith. Thank you. Thank you very much, Ms. Bass. I
would like to yield to Mr. Meadows.
Mr. Meadows. Thank you, Mr. Chairman. And thank you for
coming to testify. And as we listen to your testimony, one of
the things, the clearest message that needs to be taken back
that needs to be heard by the Government of Vietnam is that to
truly have economic prosperity and economic freedom there first
and must always be the protection of religious liberties and
with human rights to make sure that those are protected and
upheld in every situation. We are here in a country that many
times for economic reasons we look the other way. And that
cannot be the case and will not be the case. We would not
tolerate this kind of human rights violations among companies
here, and to be a good trading partner with the United States
we must stand and be vigilant on this particular issue, and it
is nonnegotiable.
And to highlight this, I appreciate the bravery and the
true sense of trying to expose and share in an intimate way the
atrocities that are happening not just in Vietnam but across
many countries, but specifically with what you have had to deal
with. I look forward to hearing your testimony, and truly may
it be the start of highlighting this over and over again so
that real change, not just words but actions follow up those
words. So thank you so much. I yield back, Mr. Chairman.
Mr. Smith. Thank you very much, Mr. Meadows. The chair
recognizes Mr. Lowenthal.
Mr. Lowenthal. Thank you, Chairman Smith, Chairman Royce,
Ranking Member Bass, for the opportunity to participate in
today's hearing on the human rights conditions in Vietnam. I
would like to also thank the members of the panel for coming to
testify today.
This hearing is very important to me because of the large
numbers of Vietnamese-Americans that I proudly represent,
particularly in Little Saigon, one of the largest
concentrations of Vietnamese outside of Vietnam. Since the
normalization of diplomatic ties between Vietnam and the United
States, Vietnam has gained tremendously from these economic
ties and exchanges. In partnering with the United States,
Vietnam was admitted into the World Trade Organization,
received permanent normal trade status with our country, and it
has gained access to the American markets. Currently, the
United States is one of Vietnam's largest, if not its largest
exporting partner.
But despite these partnerships, the Government of Vietnam
has yet to demonstrate its commitment to upholding
international laws and norms such as the Universal Declaration
of Human Rights, and the International Covenant on Civil and
Political Rights, which Vietnam is a signator. Vietnam has
disregarded its promises on respecting human rights and basic
freedom of the press, expression and association of its own
citizens as is already enshrined in the Vietnamese
Constitution.
Currently as we speak today, respected religious leaders
such as the Supreme Patriarch Thich Quang Do of the Unified
Buddhist Church of Vietnam, and Father Nguyen Van Ly, along
with many activists are under house arrest. According to
reports as just reported also, by, I think, Chairman Royce, at
least 50 human rights defenders have been arbitrarily detained
within the last year alone, and that rate is increasing
exponentially.
The persecution of prominent bloggers such as Ta Phong Tan
who received the State Department's 2013 Woman of Courage
Award; journalists such as Phan Thanh Hai and Dieu Cay who
founded the Free Journalist Club; songwriters such Viet Khang
and Tran Vu Anh Binh; the 14 Catholic youth activists; and most
recently human rights lawyer, Le Quoc Quan, all of these
persecutions have resulted in the Government of Vietnam being
strongly criticized and condemned by international rights
organizations and by governments around the world. The United
Nations Working Group on Arbitrary Detention has ruled that
these arrests and detentions are a violation of international
law.
Mr. Chairman, as the Government of Vietnam is seeking
Trans-Pacific Partnership agreements along with increasing
economic and military exchanges with the United States, my hope
is that the United States Congress carefully examines the
seriousness and the commitment on the part of the Government of
Vietnam to respecting human rights and basic freedoms of its
citizens given these current conditions in Vietnam.
I recently attended an event in my district where thousands
of Vietnamese-Americans came together to support the call from
religious leaders, from intellectuals, from former Communist
Party officials, and from activists in Vietnam, demanding
constitutional changes and for the Vietnamese Government to
grant greater freedom to its people. I believe that the United
States should use our diplomatic relations to try to influence
and do everything that we can to support the people of Vietnam
in their aspirations for justice, for liberty, and for freedom.
Thank you, Mr. Chair, and I yield back.
Mr. Smith. Mr. Lowenthal, thank you very much for your
statement and for your leadership and for being here today and
joining us on the panel.
I would like to now introduce our distinguished witnesses.
And beginning first, it is expressing the highest honor and
privilege to welcome back Anh Cao, who is a good friend and a
tremendous human rights leader. He was born in Vietnam, and at
the age of eight he was able to escape to the United States
with his siblings. After learning English, he did well in
school and went on to earn his undergraduate and master's
degrees before teaching philosophy and ethics in New Orleans.
Congressman Cao went on to earn his law degree and worked for
Boat People SOS--and I first met him in the 1990s--to help poor
Vietnamese and other minorities.
He lost his home and office in Hurricane Katrina, but
helped lead his community as it started to rebuild. In 2008 he
became the first Vietnamese-American elected to the U.S. House
of Representatives, and represented Louisiana's Second
Congressional District, and as I said at the outset was a
leader on numerous human rights issues, but was the leader on
trying to protect the rights of people living in Vietnam. So it
is a privilege to have him here.
We will then hear from Mr. Vo Van Ai who serves as the
international spokesman for the United Buddhist Church of
Vietnam which is currently banned by the Communist dictatorship
in Vietnam. He is also the founder and president of Que Me:
Action for Democracy in Vietnam, and the Vietnam Committee on
Human Rights, organizations established in 1976 to raise
awareness of the human rights and religious freedom situation
in Vietnam, the campaign for the release of prisoners of
conscience, and promote democratic freedoms and human rights.
He testifies regularly at the United Nations Human Rights
Council, the U.S. Congress, European Parliament, and other
international fora on human rights in Vietnam. Welcome.
We will then hear from Ms. Anna Buonya who was born in
Thailand and came to the United States as a Montagnard refugee
in 1986. She graduated from UNC Greensboro in 2006 with a
degree in political science and communication studies, and
received her law degree from Elon University in 2010. She has
her own law practice, and outside of her private practice she
does pro bono advocacy on behalf of refugee policy for the
Montagnard Human Rights Organization and the Council of
Indigenous Peoples in Today's Vietnam.
We will then hear from Ms. Hui Danh, a Vietnamese-American
who lives in the United States. Her sister is a victim of a
forced labor scheme in which she went to Russia thinking that
she would work in a restaurant, only to find out when she
arrived that she would be forced and compelled to work as a
prostitute. Her sister was eventually able to return to
Vietnam, but there are many others who remain trapped in Russia
as well as elsewhere by their Vietnamese traffickers. We
welcome her and thank her for her enormous bravery knowing that
there has been retaliations because she has spoken out.
We will then hear from Tien Tran who is a member of the Con
Dau village in Central Vietnam where he was a farmer and a
member of the local Catholic church. He was captured by
Vietnamese security forces during a funeral at Con Dau on May
4th, 2010. He was jailed and tortured for 7 days in a police
detention center. He was able to escape Vietnam and go to
Thailand in August 2010, and then came to the U.S. in September
2012. We welcome him and express obviously our deep sadness as
to how he was mistreated, but again thank him for speaking out
for all those who remain and have been so victimized.
We will then hear from Mr. John Sifton who is the advocacy
director for Asia for Human Rights Watch where he focuses on
South and Southeast Asia. He has extensive experience doing
international human rights work with a focus on Asia, but has
also worked on issues relating to human trafficking, terrorism,
and refugees. Mr. Sifton has traveled to Vietnam where he
investigated the human rights situation and other developments
in the country. He works with a wide range of government
officials from many countries to provide policy advice and
raise awareness of Vietnam's human rights record. And welcome,
Mr. Sifton, as well.
I would just note we also have Dr. Thang here today, and
just one note concerning him. In the 1990s when I became
chairman of the subcommittee focusing on human rights, it was
Dr. Thang who came to my office and said, here is some
information regarding the human rights situation especially
with regards to the refugees who are in a number of camps
including in High Island in Hong Kong, and elsewhere, who are
about to be forcibly repatriated back to Vietnam where they
were facing a predictably cruel fate and would have been, many
of them, put into prison. We organized, as a direct result of
Dr. Thang's advocacy--and Anh will remember this as well--a
series of four hearings including one closed hearing.
The Clinton administration was intent on sending back those
men and women who had been screened out as refugees,
improperly, even though human rights organizations had made it
very clear that they were refugees, that they had a well-
founded fear of persecution should they be forcibly or in any
way returned back to Vietnam. After the four hearings, I
offered an amendment again with the guidance of Dr. Thang that
said no U.S. money will be used to forcibly repatriate anyone.
It caused a change in the attitude on the part of the
administration. We had some friends within the administration
as Dr. Thang will remember, and as a direct result the ROVR
program was established. And, frankly, I want to thank Dr.
Thang because he is the man, the person, the human rights
advocate, and his organization Boat People SOS, but he
personally, who made the difference in ensuring that upwards of
20,000 people who would have gone back against their will were
rescued. And he has been absolutely tenacious in promoting the
cause of human rights for all faiths, all believers, all those
who are suffering any kind of persecution in Vietnam, including
those who have been trafficked. So Dr. Thang, thank you for
your unbelievably effective leadership on behalf of the
Vietnamese people.
Anh Joseph Cao?
STATEMENT OF THE HONORABLE ANH ``JOSEPH'' CAO, FORMER MEMBER OF
CONGRESS
Mr. Cao. Chairman Smith, I would like to personally thank
you and to thank Chairman Royce for you continuing to be the
champion of human rights and religious freedom in Vietnam. I
would like to also thank the ranking member Bass and members of
the subcommittee for your interest in the human rights and
religious freedom conditions in Vietnam, and for your
willingness to support the fight of the Vietnamese people.
Mr. Chairman, basic universal human rights have served as
the basis and foundation of modern societies over six decades.
The United Nations Declaration of Human Rights succinctly and
rightly states, ``All human beings are born equal in dignity
and rights.'' ``Everyone has the right to life, liberty, and
security of person.'' ``No one shall be subjected to torture or
to cruel, inhumane or degrading treatment or punishment.''
``All are equal before the law and are entitled without any
indiscrimination to equal protection of the law.'' Pope John
Paul II called this Declaration ``one of the highest
expressions of the human conscience of our time.'' Marcello
Spatafora, on behalf of the European Union, stated, ``The
declaration placed human rights at the center of the framework
of principles and obligations shaping relations between the
international community.'' Yet, the Socialist Republic of
Vietnam has for decades defiantly trampled these important
principles under its feet, proclaiming to the world arrogantly
that it is above what are right and decent.
Since 2007, Vietnam has been backsliding on human rights
and is now the proud possessor of the title ``The Worst
Violator of Human Rights in Southeast Asia.'' Political
opposition is outlawed; repression of dissidents intensified;
severe restrictions on freedom of expressions are imposed;
bloggers and peaceful activists are arrested, imprisoned, and
tortured. In most cases, national security has been cited as a
pretext for the illegal arrests and criminal investigations.
One of the main groups of people who have suffered greatly
under Vietnam's oppression has been the religious faithful and
leaders. Vietnam does not hide its strict adherence to the
Communist assertion that ``religion is the opium of the
people,'' and they therefore will take any measure, no matter
how despicable, to suppress this basic freedom. To defend
itself, Vietnam points to its Constitution that explicitly
recognizes religious freedom, but like the Universal
Declaration of Human Rights, Vietnam's Government officials and
cronies trample on the country's Constitution replacing it with
a policy of intimidation, repression and torture.
The case of Con Dau Parish succinctly displays Vietnam's
contempt for the rule of law. In May 2010, the Da Nang City
People's Committee ordered all households of the all-Catholic
Con Dau Parish to sell their residential housing to a private
developer, the Sun Group, for a price that was much lower than
market price. As the parishioners rejected the deal both
because of the low price and because they wanted to preserve
their 135-year-old way of life, the government used force
causing multiple injuries and several deaths. Scores of
parishioners were arrested, detained and tortured. The case of
Con Dau clearly illustrates Vietnam's intention of wiping out a
religious community through the expropriation of farmland,
cemetery plots, and residential homes of all parishioners.
On May 4, 2010, the authorities even prohibited the burial
of a 93-year-old parishioner in the parish cemetery. As
parishioners proceeded with the funeral, the police attacked
them brutally causing injuries to over a hundred parishioners
including the elderly and children. The police arrested 62
parishioners and tortured them for days during detention. The
Communist militia caught one parishioner who attempted to
escape and tortured him to death. Seven of the parishioners
identified by the government as taking the lead in the
opposition to the blanket expropriation of the entire Con Dau
Parish were tried and sentenced to prison terms.
Other cases of recent arrests and torture are compiled
under Exhibit A, which I would like to submit with this
testimony for the subcommittee's review and consideration. I
would like also to submit the statement of Reverend Nguyen Van
Khai, under Exhibit B, which succinctly explains Vietnam's
position on religious freedom.
When I was growing up in Vietnam the children playfully
called the Communist regime ``The Red Devil.'' After seeing the
actions and the atrocities committed by the Vietnamese
Government against religion, I realized how truthful this
statement was. The drafters of the U.N.'s Universal Declaration
of Human Rights sufficiently appreciated the danger within a
society when the basic freedoms of individuals are not
recognized and defended. In the preamble the drafters stated,
``Disregard and contempt for human rights have resulted in
barbarous acts which have outraged the conscience of mankind.''
This disregard and contempt for human rights have led to the
Holocaust under the Nazi regime, the Cultural Revolution under
Stalin and Mao, and the Killing Fields under Pol Pot when
countless millions were tortured and killed for their beliefs.
Recently in Vietnam, the Catholic bishops and leaders of
other religious faiths demanded changes to Vietnam's
Constitution. These changes include power and land must belong
to the people. The U.S. Congress must stand in solidarity with
these religious leaders. I ask that this Congress will
introduce and pass the Vietnam Human Rights Act of Chairman
Smith and the Vietnam Sanctions Act of Chairman Ed Royce. We
are America and we understand that these rights and freedoms
are of the greatest importance for human flourishing in the
modern world. Thank you, Mr. Chairman, for the opportunity to
testify.
[The prepared statement of Mr. Cao follows:]
----------
Mr. Smith. Thank you very much, Congressman Cao.
Mr. Ai?
STATEMENT OF MR. VO VAN AI, PRESIDENT, VIETNAM COMMITTEE ON
HUMAN RIGHTS AND QUE ME: ACTION FOR DEMOCRACY IN VIETNAM
Mr. Ai. Honorable Chairman, distinguished Members of
Congress, I will make short remark and submit the full text of
my testimony for the record.
Mr. Smith. Without objection, your full statement and those
of all of our distinguished witnesses, and any materials you
want added to the record will be made part of the record.
Mr. Ai. Thank you. Thank you for inviting me to testify on
behalf of the Unified Buddhist Church of Vietnam, UBCV, the
largest and oldest religious community in Vietnam. I appreciate
the chance to speak before the dialogue, for I am concerned
that the State Department does not realize the gravity of
Vietnam's repression of the UBCV. Buddhist leader Thich Quang
Do expressed the same concern to Ambassador David Shear who
visit him in Saigon. He said, ``The State Department report of
abuses portray but a pale picture of the systematic police
pressure, harassment and intimidation faced by Buddhists in
every aspect of daily life.'' I realize that that Vietnam
deceptive religious policy with their mixture of a certain and
sheer brutality are not easy to understand, but I appeal to
Congress and the State Department to look behind Hanoi's mask
to see the reality of religious repression against Buddhists
and other religious community and to raise this loud and clear
in the coming dialogue in Hanoi.
For the past three decade, the Communist hierarchy have
systematically targeted the UBCV, detaining and harassing
Buddhist monks and nuns. Religious gathering and festival such
as the Buddha birthday are routinely disbanded by police.
Foreign visitor are assaulted, follower are threatened with
losing their jobs or having their children expelled from school
if they worship in UBCV pagoda. The aim is to create a climate
of fear in which no one dare live their faith.
Just last week, security agent threw rotten fish and
excrement into the home of Buddhist blogger Huynh Ngoc Tuan. He
has spent 10 years in prison for his article calling for human
rights. In March, Buddhist youth leader Le Cong Cau was
interrogated by security police in Hue for 3 days, and
threatened him with a 20-year prison sentence simply for
demanding the legalization of the UBCV. Le Cong Cau is head of
the Buddhist Youth Movement, an unofficial educational movement
which has over 500,000 members in Vietnam. During the
interrogation, police told him that Vietnam would never accept
to legalize the UBCV.
Monk, nuns, and followers of over 20 provincial boards are
prevented from carrying out charitable activity. In August,
Venerable Thich Thanh Quang, in Da Nang, was brutally beaten
under the eye of police who made no attempt to intervene. The
most tragic victim is the UBCV leader and Nobel Peace Prize
nominee Thich Quang Do. Despite over 30 years in detention he
refuses to be silent. During the recent debate on reforming the
Constitution, Thich Quang Do urged the Communist Party to
embark on ``a path of peace and multi-party democracy to lead
our people into stability, development and happiness.''
Alongside political violence, Vietnam also uses the law to
curb religious freedom. In January, Decree 92 came into effect
which submits religious to tighter control. Ordinance 44
authorizes the detention of religious dissidents under house
arrest, in labor camps or psychiatric hospital without any due
process of law.
Mr. Chairman, the human rights dialogue is only relevant if
it leads to concrete progress. The United States should set
benchmarks and a time frame for improvement and ensure that
Vietnam does not use the human rights dialogue as a shield to
deflect international scrutiny from its grave abuses of
religious freedom and human right. At the coming dialogue, I
urge the U.S. to press Vietnam to release all religious
prisoners, particularly UBCV Patriarch Thich Quang Do, and
reestablish the Unified Buddhist Church of Vietnam legal
status. Bring religious legislation into line with Article 18
of the U.N. Bill of Rights. Fix a date of the visit by the U.N.
Special Rapporteur on Freedom of Religion or Belief to which
Vietnam has agreed.
Finally, regarding U.S. policy, I urge the U.S. to
redesignate Vietnam as a Country of Particular Concern; to
mandate the Ambassador-at-Large on International Religious
Freedom to visit Vietnam and meet with a wide range of
stakeholders, including religious dissidents, and to consult
widely with civil society before the trip; to adopt the Vietnam
Human Rights Act in order to link trade relation to the respect
of religious freedom and human right. In view of its abysmal
human rights record, the U.S. should not support Vietnam's
membership of the U.N. Human Rights Council which will be voted
at the General Assembly in New York in September this year.
Thank you, Mr. Chairman.
[The prepared statement of Mr. Ai follows:]
----------
Mr. Smith. Mr. Ai, thank you very much for your testimony
and your very concrete recommendations to the committee and to
the President and to the U.S. Congress at large. I would like
to now ask Ms. Anna Buonya if she would proceed.
STATEMENT OF MS. ANNA BUONYA, SPOKESPERSON, MONTAGNARD HUMAN
RIGHTS ORGANIZATION
Ms. Buonya. Thank you, Mr. Chairman Smith and other
distinguished members and guests for the honor and the
opportunity to be here to speak with everyone today. Again, my
name is Anna Ksor Buonya, and I am here on behalf of the
Montagnard Human Rights Organization, and we are based from
Raleigh, North Carolina. I am also here to represent the
Montagnard Indigenous Peoples of the Central Highlands of
Vietnam.
As some of you may know, the Montagnards were strong and
loyal allies with the U.S. Government during the Vietnam War,
and because of that after the fall of South Vietnam we have
been subjected to cruel and unusual punishment. Since then
Montagnards' political and religious leaders have been tortured
and imprisoned. Our population has been forced for relocations
and thousands have been condemned to live in some of the
country's poorest cropland. Also our ancestral lands are being
deforested for logging and being used as rubber plantations. My
statement today will focus primarily on religious persecution
and human rights violations that confront the Montagnard, the
Hmong, and other persecuted indigenous peoples of Vietnam.
In 2011 and 2012, Human Rights Watch has published detailed
reports on the continuing religious persecution of Montagnards
in the Central Highlands and the extreme persecution of the
Hmong Christians in the Northern Highlands. During 2011, entire
Hmong villages have been destroyed by the Vietnamese
Government. Also, in May 2011, Hmong Protestants gathered
peacefully to ask for an end to religious persecution and the
confiscation of their homes and lands. The Vietnamese
Government responded with violence and the attacks resulted in
multiple deaths and countless injuries.
Also, August 21st, 2012, there had been reports that
Montagnard Catholics were in the midst of prayer when they
raided by the Vietnamese police. In November 2012 Vietnam
police carried out a sweeping operation of about 1,000 soldiers
searching for Montagnard Catholics. They found six people.
These men were severely beaten. One man was tied to a cross
while the others had their hands and feet tied and were
surrounding him. The police then rounded up the villagers and
threatened them with the same punishment if they continued to
carry out their religious beliefs.
I also have some pictures that I want to include in the
record. This is of a Hmong deacon who was tortured to death at
the police station on March 17th, 2013. This is a Hmong
Christian. He participated in the May 2011 protest that I had
stated earlier. He escaped the police crackdown but he was
later found out and when he tried to escape he was shot down by
the police.
The religious persecution I just highlighted above also
relates to numerous arrests regarding religious leaders. The
Vietnam Government is directly responsible for the cruel and
terrible treatment of Montagnard Christians and other political
prisoners. The Vietnam Government continues to arrest, torture
and jail Montagnard Christians. There are currently over 400
Montagnard Christians imprisoned for their religious beliefs,
some of them up to 16 years. Between 2001 and 2004, over 400
Montagnard house churches were taken over by the Vietnamese
Government, hundreds of Montagnards were arrested and
imprisoned for their participation in demonstrations which
related to the policy of land confiscation and religious
rights. To this day, many of these house churches still remain
closed, and practically all these Montagnard prisoners are
still in prison.
They are also often forced to renounce their faith. They
are beaten, and many put in prison for many years without
adequate water, food, medicine and family visits. May suffer
solitary confinement and torture. These conditions have not
improved. Two main areas that continue to experience problems
are Pleiku and Buon Ma Thuot. Many of the issues I just
described also leads to the Montagnards seeking asylum in
Cambodia or Thailand. This in itself is another problem.
Montagnards asylum seekers have no place to find sanctuary.
There are hundreds of Montagnards who are hiding and they are
trying to flee persecution. They are hunted down by the police.
They are beaten and put in jail. There are no safe haven for
them. When they escape to Thailand they are also facing
rejection by the UNHCR, and they are later arrested and put in
immigration detention. The Hmong who flee to Thailand, most of
them because of the May 2011 protests, are also experiencing
similar problems. Right now there are approximately 300 known
cases which have been reported to the Hmong National
Development organization. Dozens of applications for refugee
status have been filed with the UNHCR, and to date every single
application has been denied.
There is another recent case that I want to highlight.
Again at this very moment there are two Montagnard individuals
who are hiding in the Central Highlands. They were
participating in protests, and because of that they experienced
persecution and physical beatings by the Vietnam police. For
the last year they have struggled to obtain an interview with
the U.S. consulate. Finally, after a year of waiting they went
through three separate interviews, the whole time still
continued to stay in hiding, and just recently within the last
week they were told by the International Organization for
Migration that they now need a passport from the Vietnam
Government or their refugee application will be abandoned. And
of course, with the fear of persecution this would be a
problem. Everything I have just stated is only a very brief,
general overview of the types of religious persecution and
human rights violations that Montagnards and other indigenous
people face.
We do have some requests. In the latest USCIRF Annual
Report for 2012, the Commission again recommended that Vietnam
be returned to the list of Countries of Particular Concern. We
agree with this recommendation, and we urge the U.S. Congress
and the U.S. Government that the release of all Montagnard
prisoners be negotiated for and their release obtained before
any more U.S. Government defense and trade treaties with
Vietnam go forward. Also in light of the United Nations'
Declaration on the Rights of Indigenous People, which the U.S.
administration and President Obama recently endorsed on
December 2010, we also recommend that the U.S. Government
continues its dialogue with Vietnam to recognize the
Montagnard, Khmer Krom, and Cham as its indigenous people.
Vietnam has shown support of the United Nations Declaration,
and we urge the U.S. Congress to put pressure on Vietnam to
implement the principles of this declaration especially since
religious persecution is being experienced by all of the
indigenous groups. Also we hope that the U.S. State Department
will consider reopening its refugee program within Vietnam by
acknowledging that there continues to be claims of well-founded
persecution there.
Again, Mr. Chairman, it has been my privilege to come here
today, and I hope the U.S. Government takes what I have said
into consideration during future dialogue with Vietnam. Thank
you.
[The prepared statement of Ms. Buonya follows:]
----------
Mr. Smith. Ms. Buonya, thank you very much for your
testimony, your very specific recommendations as well, and we
will follow up on each and every one of them. Thank you so very
much.
Ms. Buonya. Thank you.
Mr. Smith. I would like to now ask Ms. Danh if she would
testify.
STATEMENT OF MS. DANH BUI, SISTER OF A VICTIM OF HUMAN
TRAFFICKING
[The following testimony was delivered through an
interpreter.]
Ms. Danh. Members of the committee, my name is Danh Hui. I
live and work in Houston, Texas. Thank you for the opportunity
to be here to speak at this hearing. The purpose of my being
here today is to call on the U.S. Government to help with the
rescue of 15 victims, Vietnamese victims, who have been sex-
trafficked to Russia. My own little sister, Huynh Thi Be Huong
is one among those 15. My sister Huong was the first one to be
released and returned to Vietnam. Then gradually six other
victims were also released and allowed to return to Vietnam.
However, there are still eight victims being held captive in
Russia. I truly hope that after this hearing, the committee,
the Congress, and the government will help raise the voice so
that the remaining eight victims will be eventually rescued and
allowed to go home and be reunited with their families in
Vietnam, and also assure that the trafficker, the brothel's
owner, would be prosecuted before the law so that she won't be
able to harm other victims anymore.
Over a year ago, my sister Huong was promised employment in
a restaurant in Russia. However, as soon as she landed in
Russia her passport was confiscated and she was taken into a
brothel owned and run by a Vietnamese woman. She was forced to
serve sex clients immediately on that day. My sister Huong and
the other victims were beaten regularly and they were not
allowed to communicate with their family in Vietnam. Last July,
the owner of the brothel, the trafficker, called me demanding
$2,000, U.S., as ransom as a condition for the release of my
little sister. Being so poor I had to borrow the money to pay
her. However, she raised the ransom to $4,000 and then to
$6,000. I realized immediately that she never had the intention
to release my sister but only wanted to extort my family of our
little resources.
On February 2nd of this year, my sister Huong and three
other victims managed to escape. They called home and also they
called the Vietnamese Embassy in Russia to ask for help. Very
soon afterwards, all four of them were recaptured by the
traffickers and they were beaten and tortured every day. Then
BPSOS, Boat People SOS, helped us, and mobilized the
involvement the media, the U.S. media. And also there was
Congressman Al Green who spoke out, and also thanks to the
State Department, my sister Huong and six other victims were
released and were allowed to return to Vietnam.
Once home, Huong then informed us that the brothel's owner
had very close relationship with people at the Vietnamese
Embassy. Her boyfriend's, that is, the owner's boyfriend's
older brother worked at the Embassy, the Vietnamese Embassy in
Russia, and then that older brother is married to the niece of
a very high ranking official at the Vietnamese Embassy as well.
Currently, my sister Huong is in very dangerous situation. She
doesn't dare to go home to her hometown to work, but she has to
stay in hiding in Saigon, because the trafficker had already
threatened to send her subordinates to Vietnam to harm her and
the other victims. They would not allow them to stay in peace
in Vietnam. Huong is the very one that the trafficker had
pointed out to her subordinates to track down and harm by all
means and cost.
Huong, right now, and the other victims who have returned
to Vietnam really need help and also protection. And also there
are eight others who are still in Russia, they need to be
rescued. I would like to present to the committee and submit to
the committee the list of the victims here, the list of
victims, and also the pictures of some of the victims. And here
is my little sister Huong. Just think of them as your own
daughters.
On behalf of all these victims I would like to thank you,
distinguished members of the committee, especially Congressman
Al Green and the Boat People SOS organization. Please accept my
deep gratitude. Thank you.
[The prepared statement of Ms. Danh follows:]
----------
Mr. Smith. Thank you for that extraordinarily moving story
and the call to action on the part of our committee to do more
on behalf of your sister who is in hiding but all the other
eight who remain victimized in Russia. So thank you so much.
I would like to now call on Mr. Tran.
STATEMENT OF MR. TIEN TRAN, VICTIM OF RELIGIOUS PERSECUTION AT
THE CON DAU PARISH
[The following testimony was delivered through an
interpreter.]
Mr. Tran. Distinguished members of the committee, my name
is Tien Thanh Tran, a parishioner of Con Dau village in Da
Nang, Vietnam. I deeply thank the U.S. Government, the Members
of Congress, and the congressional staffers who are here today.
The fact that you have raised your voice bought me the freedom.
I feel that it is my duty, my responsibility to be here to
present at the U.S. Congress about the violation of human
rights in my parish Con Dau where I was a victim myself.
Since June 2008, the City of Da Nang's government had
already ordered the wipeout, the total wipeout of my parish,
Con Dau, the relocation of all 2,000 parishioners and also the
displacement of 1,600 graves at the cemetery of our parish so
that they could build and develop an eco-tourism project. This
order violated Vietnam's own law on land. The reason for that,
the purpose for the order to confiscate the land of our parish
was to serve the interests of a privately owned development
company and not for any public interest.
On the 4th of May 2010, the government of Da Nang City sent
in hundreds of troops, police, to stop a funeral procession and
broke up the procession of the burial of one of the
parishioners. Over a hundred parishioners, including the
elderly, the seniors, women, children, were brutally beaten by
the police. Sixty-two of us were taken to the police station
where we were tortured for over a week, including myself. Seven
of the parishioners were sentenced to prison terms. Parishioner
Nguyen Thanh Nam, over there, the picture was over there, was
tortured until death.
At the police station in Cam Le I was called in for
interrogation repeatedly, continually. There was one police
officer who read out all the crimes I had to admit to have
committed. If I didn't say what they wanted me to say,
immediately two police officers standing by my sides beat me up
using whatever they got a hold of such as the chair, the baton,
wooden sticks. My face was all bloody. I fell down to the
ground. They lifted me up and continued to beat me until I pass
out, then they pour water over my face and then continue the
interrogation. After 7 days of torture, I was released on the
condition that I must report to the police the other
parishioners that were involved in the funeral. And I had to
report to the police station every 3 days. When I went to see a
doctor for my examination about my injuries suffered during
detention, all these doctors refused to treat me when they
found out I came from Con Dau.
More than 90 parishioners had to leave Vietnam and seek
protection, refuge protection in Thailand. I am one of the 34
who have arrived in the U.S. since, as a refugee. A few weeks
after my arrival in the U.S. I had a medical exam and the
doctor told me that my eardrums had been punctured and also I
had a hole in my eye caused by the very severe impact during
the torture session. And here is the medical record.
Right now over a hundred families are still left in Con Dau
Parish. They are digging in, but they are very worried because
there is a new order for them to vacate the parish. Two days
ago the police approached a family and then destroyed their
home using bulldozers. And just last night the tent that they
set up on their land just to stay overnight was taken away and
they were transported away, I don't know where. This policy of
confiscating properties in Con Dau actually violates the
interests of many U.S. citizens who used to be Con Dau
residents, parishioners. They still hold title to their
properties in Con Dau or they inherited the property from their
deceased parents, and some of them are here today at this
hearing.
I eagerly appeal to you, Members of U.S. Congress, to
request that the Vietnamese Government immediately stop their
intention to eliminate our parish in Con Dau, to immediately
stop the brutality, the torture and the violence committed by
the police, and also to immediately stop the confiscation of
the property of U.S. citizens. Once more I want to thank you
for giving me the opportunity to speak on behalf of my fellow
parishioners as a free man in a free country. Thank you, and
God Bless America.
[The prepared statement of Mr. Tran follows:]
----------
Mr. Smith. Mr. Tran, thank you for bearing witness to a
very ugly truth that you suffered yourself, but also on behalf
of those who remain in Vietnam who are suffering to this day.
And your testimony and the other testimonies again underscores
what Congressman Cao said so eloquently, that Vietnam is the
worst violator of human rights in Southeast Asia. And that fact
has to emerge right now especially during that dialogue, and
our U.S. relationship vis-a-vis Vietnam must be predicated on a
full understanding of that fact.
Mr. Sifton?
STATEMENT OF MR. JOHN SIFTON, ADVOCACY DIRECTOR FOR ASIA, HUMAN
RIGHTS WATCH
Mr. Sifton. Thank you. First let me thank the committee as
the other witnesses have for inviting me to testify. The
committee is definitely to be commended for its efforts,
repeated efforts, to draw the world's attention to Vietnam's
rights record. Unfortunately I must confirm many of the reports
today that that record has not improved. Since this
subcommittee had a hearing on Vietnam last year, the rights
situation has, in fact, worsened. The numbers are clear and
numbers can't lie so there is really no doubt about it. The
simple fact is that a growing number of dissidents including
religious leaders and bloggers and politically active people
are being convicted and sent to jail for violations of
Vietnam's authoritarian penal code which prohibits any kind of
public criticism of the government or the Communist Party.
By our count, which I believe Representative Royce cited
earlier, which is a conservative count based on available
information, it may be an under count, shows that the trend
lines are very, very clear. At least 40 people were convicted
in political trials last year. That was an increase from 2011,
which was an increase from 2010. And then again, just in the
first 6 weeks of this year another 40 people were convicted.
The entire total for 2012 was matched in the first 6 weeks of
2013.
These trials have themselves led to other arrests, arrests
which have not yet led to new convictions but probably will.
During protests at some of the hearings, some of these trials,
other activists are detained for protesting, and some of those
arrested have been reporting beatings and even sexual assault.
One blogger who wrote a terrible account of being detained
temporarily after a well-known trial in late 2012. She was
beaten. She was forced to undergo a cavity search in front of
other police officers, a sheer humiliation of the grossest
form.
And there has also been an official campaign in recent
months to suppress critical comments about a process currently
underway to amend Vietnam's Constitution, and this appears to
have been a factor in the arrest on December 27th of last year
of the lawyer Le Quoc Quan, and in the harassment this year of
several other critics. I should mention that Senators McCain
and Kelly Ayotte and Sheldon Whitehouse, and Joseph Lieberman
met with Le Quoc Quan in 2010, and I hope that they will write
to the Prime Minister to raise their concerns now, and I think
they will very soon.
Thuggish harassment also seems to be on the rise with
street violence by unidentified thugs who are probably
government agents. As Mr. Ai noted, just this week, Monday
night, I believe, some men through a bucket of rotten rice
water and fish heads and fish intestines, a disgusting foul
mix, through the window of the writer Huynh Ngoc Tuan who I
should note is the 2012 recipient of Human Rights Watch's
Hellman/Hammett grant for writers who have been victims of
political persecution.
And later in the week, this week, April 8th and April 9th,
mere days ago, the bloggers Bui Thi Minh Hang and Nguyen Chi
Duc were attacked by thugs on the streets of Hanoi. There were
police nearby. They didn't do anything to intervene. And it
affirms the common sense hypothesis that these unknown
attackers, these thugs, are in reality just government actors,
either paid goons or, in fact, police who are out of uniform. A
picture of Nguyen Chi Duc has been circulating widely on
Vietnamese language sites in the last 24 hours and it show, the
bruises on his face from the beating, it looks to have been
taken within minutes of the beating, for there is dried blood
on his cheek. And I suspect, I am not medically trained, but I
suspect it was taken minutes after his attack because there
isn't even any swelling. He probably looks worse today than he
did when that photograph was taken.
While the trend lines show this worsening situation, it
should be noted that none of this really new. I mean Vietnam
has unjustly imprisoned political prisoners for decades, and
several of its current political prisoners have been in
detention for decades. And in some instances these prisoners
have been denied proper medical care for their deteriorating
health conditions. So one suggestion we have made to the
Vietnamese Government is that even if they disagree with the
human rights groups, even if they disagree with the U.S.
Government about reversing their crackdowns and repealing their
draconian laws, they at least agree that the very elderly and
the very sick prisoners need not suffer in detention and that
whatever the merits of their supposed crimes, they don't pose a
threat to the government, the party or the people of Vietnam
and so they should be released.
And that is a message I think everybody, including the
State Department, in the dialogue will take as a kind of
confidence building measure, at least that could be done.
There are of course many other human rights issues to
discuss with respect to Vietnam religious freedom which has
already been discussed, administrative detention and forced
labor for drug users and alleged drug users and alleged sex
workers. There is a lot of Internet blocking and filtering
going on. Several dozen Web sites being blocked on Vietnam's
ISPs including Radio Free Asia and Voice of America, Vietnamese
service. Each of these issues is discussed in our World Report
2013 chapter which I have included with my testimony, written
version.
I will also submit a recent statement from Human Rights
Watch that we made 24 hours ago on the occasion of the U.S.-
Vietnam Human Rights Dialogue. As that statement makes clear,
the focus really needs now to be on the Vietnamese Government.
I think this is something that we and everyone in the U.S.
Government agrees, both the State Department and the White
House and this subcommittee, the spotlight really belongs on
Vietnam itself to give some kind of sign that it will address
these issues and not ignore them. And in this context it is
important that everyone stand together, everyone in the U.S.
Government, and explain to them that the relationship, which
has improved as just a basic matter of fact over the last few
years, will not continue to improve unless Vietnam's Government
undertakes serious reforms to address the human rights problems
we have spoken about today.
A few of the avenues that the U.S. Government can use are
not just this dialogue but the regular legislation that moves
through this House and through the Senate on appropriations. I
mean, I believe in addition to the legislation that is underway
for Vietnam in particular, the appropriations bill itself can
do its part and send a message. Restrictions on the IMET
military-to-military assistance, FMF, which is very small but
it does exist, could be strengthened. Language could be
included to instruct the Secretary of the Treasury to use his
voice and power on international financial institutions such as
the Asian Development Bank to start being tougher on asking
questions of Vietnam about what they are doing. I think if
Japan and the United States together were to start asking
questions on those international financial institutions and
also just in general that would make a big difference.
And then lastly, at the Human Rights Council this year
Vietnam will go before Geneva for its Universal Periodic Review
along with Cambodia, just a coincidence but Cambodia is up as
well. It is very important that the State Department really not
only criticize Vietnam in that forum but marshal the diplomatic
power to convince other countries to do so, especially
countries like Japan and Australia, and that goes for Cambodia
as well although that is not the subject of this hearing today.
On the other issues, levers that can be discussed, the trade
agreements, the U.S. Trade Representative in his role, and the
Pentagon, but we can discuss that in the questions if you wish.
I would be happy to take questions from the committee on these
issues. Thank you.
[The prepared statement of Mr. Sifton follows:]
----------
Mr. Smith. Thank you very much, Mr. Sifton, for your
testimony and for very concrete recommendations to the
committee, to the White House, to State, and to Congress at
large as to how we should proceed. I do hope your organization
and you will look at our Vietnam Human Rights Act again,
because we do have a very strong provision dealing with using
our voice and vote at the Human Rights Council.
And I think your point about marshaling other countries to
join us is good, as Congressman Cao pointed out so well, this
is the worst violator of human rights, and maybe there are
others that are equal to, but in Southeast Asia. And again, the
Human Rights Council has not distinguished itself as to
membership. There are rogue nations that sit in good standing
on it, and I think that brings nothing but dishonor to the
process. And we need the Human Rights Council to be as faithful
to promoting human rights, and who sits on it makes all the
difference in the world. So excellent point by you.
Let me just ask if I could, Ms. Danh, if I could begin with
you. With regards to your sister who is in hiding in Saigon,
you mentioned, next week, I will begin the process this week,
but I will ask to meet with the Ambassador of Vietnam to
specifically raise the issues raised by this panel, but to ask
that your sister be protected, that the trafficker as you
pointed out is in pursuit of her. She is in hiding. And a
country that is a Tier II country, which Vietnam is, and that
means that our Government has suggested that they have taken
action to meet the minimum standards prescribed in the
Trafficking Victims Protection Act, it would be unconscionable
for the government, once apprised of this situation, especially
officially, to then look away and look askance and allow your
sister to be further victimized.
And I would say, you mentioned that the Russians on March
5th mounted a raid to rescue the victims, 14 of them at the
time. However, 2 hours before the raid a phone call from the
Vietnamese Embassy in Moscow tipped off Madam Thuy An. She
immediately moved the victims to another location. The Russian
police only found an empty apartment. I have recently met, we
have met, several of us, with the Russian Ambassador to talk
about adoptions and human trafficking. I will convey to him our
gratitude that the Russian police did mount such an effort to
liberate these Vietnamese women and to ask that additional
actions be taken to provide protection for them.
Ms. Bass. Will the gentleman yield?
Mr. Smith. I will yield.
Ms. Bass. I would, first of all, like to join you----
Mr. Smith. Yes.
Ms. Bass [continuing]. In that meeting.
Mr. Smith. Oh, good.
Ms. Bass. But also I believe that Ms. Danh mentioned that
there were eight other women, and I think that we should pursue
them as well.
Mr. Smith. Yes, exactly. And that is what we will do with
the Russians as well as with the Vietnamese Ambassador. Why is
it that it is okay for a government to allow its women to be
raped, exploited and abused in another country? Where is the
national interest that Vietnamese young women are being so
cruelly exploited? They ought to be leaving no stone unturned
to protect them. But when, as you said, there are people from
the Embassy itself exploiting these women that probably tells
the story. So we will follow up on that with the Ambassador,
and I hope he sees clear to meet with myself and Ms. Bass and
Mr. Meadows and others who might want to join us for that
meeting.
Let me ask you just a few other questions. If you want to
respond please do, but Mr. Tran, thank you again for your
testimony and for reminding us of the ongoing cruelty that has
been committed against the parishioners and that you, yourself,
have suffered so. If you and perhaps others could speak to the
UNHCR. I have raised with High Commissioner Guterres on several
occasions the unavailability of UNHCR personnel to assist
Montagnard and others who seek protection and are given
obstacles that are just insurmountable--where is your passport?
They have a well-founded fear of persecution. They are being
persecuted and yet they are left to drift. I am a great fan of
the UNHCR. I have been to refugee camps all over the world.
They are good people, but they have not stepped up to the
plate, in my opinion, to meet their obligations here. So if you
could maybe speak to the UNHCR problem.
And again we will ask, this committee will ask that High
Commissioner for Refugees, Guterres, appear before the
committee. We have jurisdiction over the U.N. in this committee
as well. And as we have done in the past, he will come in an
official briefing because U.N. personnel are not allowed to
testify in an official hearing, but frankly it is a distinction
without a difference. He will sit here and we will ask very
courteous, but very real, questions of him. So if you could
elaborate, if you will, on the UNHCR problems that you have
encountered.
Ms. Buonya. I am not exactly sure why all these cases have
been denied. I just have heard from other people, for example,
that some of the officers are cutting people off during
questioning. I know with the Montagnard situation it may be a
translation problem also. A lot of Montagnards don't speak
fluent Vietnamese, which that could also be an issue. I have
also heard from someone who works with Hmong National
Development, for example, these victims will have scars on
their bodies and they won't even get a chance to show the
evidence of the torture, of the beatings, of their persecution.
And also with the problem of the passports, this is after
people have been in hiding, for this recent case, I mean it has
been over a year, and then to finally go through the whole
process the whole time being in hiding, and then at the end of
the line they are saying, we need a passport, which they don't
have and in which they have to go get from the Vietnamese
police. I mean how do you ask people who are already in fear to
then go get a passport from the Vietnamese police? So I am not
exactly sure what the right solution would be, but I just know
right now the mechanisms in place are not working.
Mr. Thang. Yes, if I may. We have lawyers in Bangkok right
now. We have a legal team in Bangkok to help about 900
Vietnamese asylum seekers. And there are some systemic issues.
One is that the UNHCR doesn't allow any legal representation,
so these asylum seekers go into the interview and they don't
know how to articulate their claims and they are not allowed to
have anyone to come with them. And second, it looks like there
is a policy of not allowing Montagnard and Hmong to be even
registered for an interview with the UNHCR. Also they don't
want to see more Montagnard. It is an implicit policy they
don't see any Montagnard.
I would like to bring to your attention that at least right
now there are four cases, three Montagnard and one Khmer Krom,
who have been denied refugee status by the UNHCR. They have
been told that they could return to Vietnam in safety, and they
did return to Vietnam and they were captured and tortured and
imprisoned. And they are trying to go to Vietnam to visit them
but they were denied access. And four of them made it out of
Vietnam and they are now in Thailand.
Mr. Smith. Okay. If you could, Dr. Thang, provide
additional information for the record that would be very
helpful.
Mr. Thang. Yes, thank you.
Mr. Smith. Just let me point out to my colleagues and to
our witnesses, we have had hearings on North Korea, and I have
also met with High Commissioner Guterres on North Korean women
who are trafficked into China, once they made it across the
border thinking they had escaped to relative freedom, and then
were trafficked and sexually abused. The Chinese Government
sends them back sometimes, and when they send them back they go
to prison. They are tortured. Some of them are executed. And we
heard from witnesses tell firsthand knowledge of that
happening. It is a gross violation, sending someone back when
you have basic information that they will be so hurt. And China
has signed the Convention Relating to the Status of Refugees.
They are in violation of it and the UNHCR and others have
failed to take action. So the importance of these agencies is
to take action when it is profoundly inconvenient because they
are all about protection, and that is what we will at least
admonish the High Commissioner to do with regards to these
individuals.
Let me ask you finally, Mr. Tran, and then I will go to
some of the others, after my colleagues. What has been the
response of the U.S. Department of State, as well as the U.S.
Trade Representative, to what has happened to your parish and
the abuse that has been visited upon the parishioners including
yourself?
Mr. Tran. No, I have not heard anything from the State
Department or other agencies from the U.S. Government about
intervention and help for the parish.
Mr. Cao. Mr. Chairman, if I may.
Mr. Smith. Yes.
Mr. Cao. Yes, even when I was in the U.S. House, I brought
up the issue directly with the Department of State and also
through the U.S. Embassy in Vietnam. And I was received with
somewhat of a lukewarm answer that they are looking into the
problem, they are looking into the issue, but nothing was done.
No utterances from the Department of State to condemn the
actions of the Vietnamese Government in that parish of Con Dau,
along with the other locations, as well as other religious
groups that were being persecuted by the Vietnamese Government.
And this has traditionally been, I guess, the practice of the
Department of State to deal with these many issues with a blind
eye or simply to utter rhetoric without taking any action
whatsoever.
And in my own opinion, if we continue to act in this way
then we are simply in complicit with these despicable acts
because we are supporting a government to stay in power, a
government that continues to persecute its people, a government
that continues to torture religious leaders, a government that
continues to make false arrests and to detain citizens without
the due process of law. And again I would urge you, Mr.
Chairman, along with members of the subcommittee, to bring this
very issue to the State Department to ask them to take action,
to ask them to sit down with us and other members of the
community who are knowledgeable about the Vietnamese
Government, who are knowledgeable about the Vietnamese culture,
to consult with us on how to dialogue with the Vietnamese
Government. That is all we ask.
Mr. Smith. Thank you.
Mr. Ai, if you could tell us, in your testimony you
mentioned Ordinance 44 which authorizes detention of dissidents
in labor camps and psychiatric prison. Is Ordinance 44 being
used today?
Mr. Cao. Vietnam use Ordinance 44 along with other colorful
ordinances, and again because they do not abide by the rule of
law it is difficult for us to even comprehend what basis they
are using to arrest dissidents as well as individuals who speak
out against the government. And then if we were to look at
their actions in Con Dau along with other parishes, even though
when I spoke with the Department of State with the U.S. Embassy
in Vietnam, again at that time it was Ambassador Michael
Michalak who was in Hanoi. His response was that these are just
simply land disputes. They are simply land disputes between
individuals.
And again this is just a simple excuse for them to overlook
the question, to overlook the problem, and to proceed on with
possibly economic conversations are what you have between
Vietnam and the U.S. Government. Vietnam's intention, Vietnam's
intention in taking land from religious institutions, in taking
land from religious communities, their intention is to suppress
religious freedom. That is their intention. And these disputes
are not simply property disputes between land owners or what
have you.
Mr. Smith. Thank you.
Mr. Ai, did you want to answer that please?
Mr. Ai. Yes, I would like to talk something about the
Ordinance of 44. Many people forget that in Vietnam there are
not only the prison as such but the Ordinance 44, all popular
home that would just become a prison, like is the case of Thich
Quang Do. He is now in his own pagoda as a prison. And
Ordinance 44 can arrest or send the people under house arrest,
for all the policeman in the town, in the countryside, they can
do that and they don't need to deal with any due process law.
And more than that they can send people into labor camp or
psychiatric hospital. It is like in the Soviet Union. It is
horrible. And now there are three blogger are arrested under
the Ordinance 44 and sent to the psychiatric, the hospital,
psychiatric one.
And especially the case of Thich Quang Do. Thich Quang Do
do not be treated before the process of law. And they hear that
policeman say that you are now under arrest and house arrest.
And since 10 year he is now a prisoner under house arrest. So I
think that many time we ask in the council in Geneva, Human
Rights Council, to abolish the Ordinance 44, but until now they
didn't do anything for the Ordinance 44. So I would like to ask
you to press Vietnam in order to abolish the Ordinance 44.
Mr. Smith. Thank you, Mr. Ai.
Mr. Ai. Thank you.
Mr. Smith. When I did meet with The Venerable Thich Quang
Do in his pagoda I will never forget how impressed I was, and I
know others who have met with him, with his incredible peace
and a sense of strength and resolve. But he told me that if he
walked out the door with me it would be a matter of seconds
that security apparatus personnel and secret police would swarm
and push him back and hit him right back into the pagoda. That
is how ubiquitous the secret police is.
Ms. Bass?
Ms. Bass. Thank you. Once again, thank you all for your
testimony today. And in particular I want to express my
gratitude to your willingness to share what I know are very
painful stories, situations and memories of abuse. I just have
a couple of questions, because I wasn't sure I understood what
was the important thing to happen. For example, I know the U.S.
is getting ready to have this dialogue. It seems as though I
heard two different opinions as to whether or not you feel the
dialogues are useful and are important. I believe I heard, and
it might have been from Mr. Ai that he said that he felt that
the dialogues could be used as a shield.
So I don't know. If there is a difference of opinion that
is fine. I just wanted to understand what you thought about the
dialogue with the U.S. Should they be stopped? Should they
continue?
Mr. Ai. No, I think that we must have a dialogue. I agree
with having to dialogue in order to talk and to change. As I
talked in my remark, the human right dialogue is only relevant
if it leads to concrete progress. But I saw since a many year
the human right dialogue between Vietnam and United States,
between Vietnam and Australia, and between Vietnam and many
country in Europe that didn't conduct to any change on human
right in Vietnam. I think that Vietnam has a two-track
political. One track for international. That mean they show for
every people that Vietnam respect human right, respect
democracy, and sometime like the secretary general of the
Communist Party would say that the democracy in Vietnam is a
thousand more democracy in the Western country. It is a
democracy of one party. It is 1,000 times more than you know
democracy in the Western country?
And so for the international they use the dialogue of human
rights as a shield to say that yes, the fact that they dialogue
with United States prove that they respect human rights. But
too many year to this dialogue between United States and
Vietnam, what can change in Vietnam? No, everything is the
same. And they try, and the two-track policy as I say, the
policy inside of Vietnam is to repress people, an oppression of
religion, the bloggers, the netizen and so on. Many netizen and
blogger, they try to aspire about the human right, about the
democracy and even that they are accused for 20 years under
prison, like the case of Khai Thuy as we have heard last time.
So I think that of course we need the human right dialogue
but we hope that United States set a benchmark and a time frame
for improvement, resolve that Vietnam change on the human
right.
Ms. Bass. I also wanted to ask in terms of the religious
prosecution, is it of all religions or is a particular religion
singled out, religion perhaps that Chairman Royce was talking
about? Is religion just an excuse for political persecution?
Mr. Cao. Again, Ranking Member Bass, the Communist
Government of Vietnam persecutes all religion across the board,
and more particularly they target those groups of people that
do not have a voice, the Montagnards, the other minorities,
other groups in Vietnam. But there has been some progress made
on the issue of religious freedom in Vietnam recently when many
of the religious leaders demanding changes to the Vietnamese
Constitution, asking that power belong to the people, asking
that land belong to the people and not to the government.
And I want to again briefly address your previous question
concerning dialogue. We have been having dialogue with Vietnam
for the past 38 years. And in the last several years our
dialogue with Vietnam has not been followed up with action, and
Vietnam, they recognize that. They recognize that when we
approach them and talk to them about human rights, about
religious freedom, they are simply empty words. Because why,
because no actions have been taken by the U.S. Government to
challenge Vietnam on their violations of human rights and
religious freedom.
Ms. Bass. Thank you.
Mr. Cao. And therefore I would ask the Congress to take
actions now to back up our dialogue with action to show Vietnam
that these are no longer empty words.
Ms. Bass. Thank you. I appreciate that.
Ms. Danh, and please forgive me if I am mispronouncing your
names. But I think you were saying something about that the
State Department was helpful at some point in the release of
your sister, and if that is the case, if that is what you said,
what did they do?
Ms. Danh. That was thanks to the intervention of
Congressman Al Green, who is a representative in Houston, and
because of that the U.S. State Department has passed
information about the victims to the Russian police.
Ms. Bass. I see. So he did a phone call or a letter or
something?
Ms. Danh. Yes.
Ms. Bass. And so was that when you said that the Russians
were tipped off? I remembered you described an incident where
they were tipped off so that the woman who was in charge of the
brothel was able to----
Ms. Danh. That is right. Just before the Russian police
undertook the raid, the Vietnamese Embassy, someone there
called Ms. Thuy An, that is the brothel's owner, to tip her
off. And she moved all the victims immediately and therefore
when the Russian police made the raid there was no one left in
the apartment.
Ms. Bass. Okay, thank you very much.
Mr. Meadows. Thank you, Mr. Chairman, and thank each of you
for your testimony today. Congressman Cao, thank you for coming
in, and I have a couple of questions for you. Given that you
were talking about the backsliding of Vietnam and the
government, and yet here they are trying to be recognized by
the international community for their improvements in human
rights. Can you explain, I guess, the repression that we are
seeing, but yet where they are going with this in trying to be
recognized from an international standpoint?
Mr. Cao. Congressman, again I do not understand the irony
in all of this. I simply, at least this is a personal opinion
of mine, I simply believe that their actions, at least the
actions that they are taking, are simply steps for them to
sidetrack the fact that their record say very clearly that they
have been backsliding in the past several years since 2007. And
again, the actions taken by the Vietnamese Government is
another explicit message that at least the words that are
uttered by us and by other international communities, when they
are not followed by actions, are simply empty words, and
therefore the actions that they have taken clearly shows that
they do not take our words into much consideration whatsoever.
Mr. Meadows. So your compelling message today would be that
if we are going to make a statement we need to have teeth and
action behind that statement, not just simply rhetoric that
plays well in the media.
Mr. Cao. That is absolutely correct. Historically, at least
in the past 4 or 5 years, at least the administration has
spoken of Vietnam human rights violations, but at the same time
they are sitting down with Vietnam at the table talking about
the TPP, talking about GSP, talking about other economic and
other benefits. When we send a mixed message like that it is
extremely difficult not only for us as a government but for
other organizations such as Boat People SOS to make a push to
Vietnam to make those changes that are required before they get
the benefits of GSP, before they get the benefits of TPP.
Mr. Meadows. Okay. And the chairman in this very room, just
a couple of days ago we had a hearing that highlighted some of
the human rights violations with regards to China. And part of
that testimony talked about the fact that what we needed to do
is not have a human rights dialogue that is separate than some
of the other dialogue that is going on whether it be military,
whether it be economic, whether it be other trade, that it
needs to be all-inclusive. Would you agree that that would be
the most pragmatic approach and most meaningful approach with
regards to Vietnam?
Mr. Cao. I absolutely agree. Because when we look at the
history of our country, this great nation was founded on the
principles of religious freedom, on the principles of the
freedom of expression and individual rights. And if we were to
neglect those principles that make our country great, in
dealing with other countries, then we ourselves are acting in a
hypocrisy. We ourselves are acting in a way that encourages
other countries to be involved in wrongdoings. So I absolutely
agree with Chairman Smith that when we speak with Vietnam on
the issues of economic trade, on the issues of military
exercises that we must demand that they improve their human
rights and religious freedom records.
Mr. Meadows. And so having been a Member of Congress, and
having the power to vote and knowing that TPP is coming up and
that dialogue is real today, would it be your recommendation to
other Members of Congress, of a body that you have been a
Member of, to encourage them not to ratify that unless this
human rights violation is not only addressed but addressed in a
real and meaningful way?
Mr. Cao. That is absolutely correct. I highly recommend
that the U.S. Congress would not ratify Vietnam's entrance into
TPP, would not ratify any actions taken by the administration
to grant Vietnam GSP until some of these issues are concretely
corrected by the Vietnamese Government.
Mr. Meadows. Okay, and let me follow up on that because I
believe in your testimony you encouraged Congress to pass human
rights legislation specifically with regards to Vietnam. Is the
Government of Vietnam sensitive to the actions we would take
here in Congress with respect to human rights or is it do they
kind of just not pay attention?
Mr. Cao. Of course the Vietnamese Government, like other
authoritarian regimes, they recognize the acts of Congress, and
over the past years, even though we have passed the Vietnam
Human Rights Act through the House but eventually it got stuck
in the Senate, the passage of the Vietnam Human Rights Act
through the House speaks very loudly of where we are as a
government. That we are willing to challenge the Vietnamese
Government on their human rights records, on their religious
freedom records.
But I believe that this is the right time for us to take
further steps to not only pass the Vietnam Human Rights Act and
the Vietnam Sanctions Act through the House, but to make a
concerted effort to get it through the Senate and get them
signed by the President. And if you were to look at the
explicit language of those two acts, the language allows the
President after he signs those acts into law to provide waivers
when he deems fit. So it is not, these acts are not somehow
bound the President in any way, but at least when necessary it
give the President teeth to force Vietnam to make these
changes.
So again I urge the U.S. Congress to present the Vietnam
Human Rights Act, to present the Vietnam Sanctions Act, to pass
it through the House, to pass it through to the President, to
pass it through the Senate, and to get the President to sign
these two acts into law.
Mr. Meadows. And one last follow-up, Mr. Chairman, if I
may. If with the tier ranking that has been changed by the
State Department, obviously to show improved status with
regards to human rights, do you think that that sends
conflicting messages in terms of where we are as a nation? And
not to condemn the State Department, I know they are well
meaning, but does it send the wrong message?
Mr. Cao. Again, I absolutely agree with you that when we
utter phrases, when we utter words challenging Vietnam on human
rights but at the same time move them out of the list of
Countries of Particular Concern, again we are sending Vietnam
mixed messages that what we are saying are simply empty words.
And they fully recognize that. And I again urge the U.S.
Government to put Vietnam back on the list of Countries of
Particular Concern to make sure that Vietnam knows that our
words are no longer empty words and that we are now willing to
take action to demand changes in Vietnam.
Mr. Meadows. Okay. Ms. Danh, thank you for your testimony.
It touches my heart. My daughter Haley who is 19 years old
brought the human trafficking dilemma, horrific actions across
this nation, to my attention 3 or 4 years ago. You today have
brought it home when you said that these victims, look at them
as your own daughters. And that is what we must do as a people.
We must not look at it as some horrific tragedy, an action that
is taking place far, far away. We must look at it as if it were
our own daughters. And so I thank you for sharing your story.
I want to go on a little, but ask you specifically with
regards to this action, would you see with the State Department
changing this tier ranking and the complicity that we have seen
with regards to Vietnam Government, do you think that that is
creating an environment where the international community is
saying we will turn a blind eye to these awful sex trafficking,
human trafficking efforts?
Ms. Danh. Yes, the U.S. Government should put more pressure
on the Vietnamese Government so that they will truly protect
the victims. And I would like to point out in these pictures
here they are not just teenagers, but that is one of them who
is 16. And this is a 16-year-old minor among the victims, and
the other are 19 to 20 or 21 years old.
Mr. Meadows. And my last question, do you think your
sister's story and the story of these 15 people is truly a
unique story, or would you say that there are many other
Vietnamese women who are being victimized even now?
Ms. Danh. It is not just my sister. It is not just these
15. There are a lot of other young Vietnamese women in the same
situation in Russia.
Mr. Meadows. Well, I thank each one of you for your
testimony. I have to speak on the House floor in just a few
minutes and so my leaving is not an indication of anything
other than a great desire to say thank you for being here
today. And with that I yield back to the chairman.
Mr. Smith. Thank you very much for your robust
participation and your deep and abiding concern for human
rights in Vietnam.
Is there anything our distinguished witnesses would like to
say before we close? Yes, Mr. Ai?
Mr. Ai. I would like to have the last word. So I hope so
much that the Congress will adopt the Vietnam Human Rights
acts, because I have the feeling that the United States support
human rights already for 3 million Communist Party but not for
87 million Vietnamese people, and I hope so much that you can
work in order to redesignate Vietnam on the CPC. Thank you, Mr.
Chairman.
Mr. Smith. Mr. Sifton?
Mr. Sifton. I would just add that on the issue of this
dialogue being useful or not it might be important to add one
word of elucidation. I think it wouldn't be correct to assume
that the U.S. Government doesn't raise human rights issues
outside of this dialogue. I think they do, and I think
Ambassador David Shear does do that quite a bit and he
encourages the U.S. Trade Representative to do it. I know the
Pentagon does it in the context of the conversations they have.
The question is do they do it enough, and what should they do
if Vietnam doesn't improve? And I think that is the big
question that we still haven't settled. It is a very difficult
question, the effort to convince and pressure and inveigh and
dialogue with the Government of Vietnam involves some really
complex dynamics.
So all I would say the only glimmer of hope, I think, is
the party doesn't want to relinquish power but nor does it want
to lose power and be swept aside. And they are worried about
wild cat strikes and land uprisings and their international
standards and their economic situation especially given last
year. And so there are things they may want to do, but those
are decisions they need to make, the Government of Vietnam.
They can be pressured, they can be convinced, they can be
inveighed, they can be tricked even perhaps, but it is not just
simply a matter of bashing them over the head. But I think
there are some opportunities there.
And then as last on the Human Rights Council, it goes
without saying that the State Department and the White House
will oppose Vietnam as a member of HRC. What I really think
might be useful would be for Members of Congress to pressure
the State Department not just to do that but to really rally
the rest of the Council. Argentina, Brazil, India, The
Philippines, Indonesia, Malaysia, all the other members who
would sort of be on the fence to say you guys have got to stand
up with us as well. That is a very important----
Mr. Smith. Thank you so much, Mr. Sifton.
Mr. Tran?
Mr. Tran. I would like to add one point relating to the
relationship, the close relationship between the police and the
thugs. Recently at Con Dau Parish just last December, there was
a case of a family of they refused to sign the paperwork to
relocate, so they dug in. And then the police surrounded the
village, blocked the village letting no one leave, and they
escorted the thugs in. And they surrounded the house while the
thugs broke into the house and beat up the couple, and the wife
pass out. And that shows that there is a close relationship
between the police and the thugs. Out of fear they just fled to
Thailand to seek refuge protection but they are still without
status. Oh, and the Vietnamese authorities even threatened that
if they got caught and recaptured they would be eliminated.
Mr. Smith. Yes?
Ms. Buonya. I do have one last thing to add. In your
continued dialogue with Vietnam I just wanted you to, I guess,
remind the Communist government that yes, everything is similar
in terms of religious persecution between the Vietnamese and
the indigenous people, but I feel like when it comes to the
Montagnards, the Hmong, the Khmer Krom, the Cham it is even
worse. And one reason is because of the allying with the U.S.
Government during the Vietnam War, and also because they were
already suppressed populations. And on top of being persecuted
for their religion and because of their ethnicity, there is
also lots of, I guess you could say, problems with land
confiscation, so now they are losing their homeland. And just
to keep that in mind with your dialogue that you are all here
in unity, but at the same time the indigenous people face a
little bit different situation than the majority of the
Vietnamese do.
Mr. Smith. And just for clarification, the forced
renunciations of faith----
Ms. Buonya. Right.
Mr. Smith [continuing]. They continue?
Ms. Buonya. They do still continue, yes.
Mr. Smith. Are they widespread?
Ms. Buonya. From what I have heard they are widespread.
Like I said, two regions that I mentioned earlier, Pleiku and
Buon Ma Thuot were one of the major ones because there, there
is constant police surveillance. So it is like the people, they
are scared to do anything. They are just being watched all the
time.
Mr. Smith. Because one of the preconditions for removal
from CPC some years back was the Ambassador-at-Large had what
he thought were deliverables as he described it, and one of
them was to completely end the forced renunciations of faith.
CPC was eliminated for Vietnam and yet the forced renunciations
and other repression against all other faiths continue as well.
Ms. Buonya. Still continue.
Mr. Smith. Okay, thank you. Anybody else? I want to thank
you for your testimony, your very, very timely and very
comprehensive recommendations to the subcommittee, for your
valued efforts on behalf of human rights, and for those who
have suffered personally, thank you for your willingness to
share that with us. It will mobilize and not just inform, but
mobilize this committee to do even more. So thank you very
much. The hearing is adjourned.
[Whereupon, at 12:17 p.m., the subcommittee was adjourned.]
A P P E N D I X
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Material Submitted for the Hearing RecordNotice deg.
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Material submitted for the record by Ms. Anna Buonya, spokesperson,
Montagnard Human Rights Organization
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Material submitted for the record by the Honorable Christopher H.
Smith, a Representative in Congress from the State of New Jersey, and
chairman, Subcommittee on Africa, Global Health, Global Human Rights,
and International Organizations