[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H. Res. 1530 Introduced in House (IH)]







110th CONGRESS
  2d Session
H. RES. 1530

   Calling on the State Department to list the Socialist Republic of 
    Vietnam as a ``Country of Particular Concern'' with respect to 
                           religious freedom.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           November 19, 2008

    Mr. Royce (for himself, Ms. Loretta Sanchez of California, Mr. 
   Rohrabacher, Ms. Zoe Lofgren of California, and Mr. Smith of New 
 Jersey) submitted the following resolution; which was referred to the 
                      Committee on Foreign Affairs

_______________________________________________________________________

                               RESOLUTION


 
   Calling on the State Department to list the Socialist Republic of 
    Vietnam as a ``Country of Particular Concern'' with respect to 
                           religious freedom.

Whereas the Secretary of State, under the International Religious Freedom Act of 
        1998 (IRFA) and its amendment in 1999, and under authority delegated by 
        the President, designates nations found guilty of ``particularly severe 
        violations of religious freedom as `Countries of Particular Concern''' 
        (CPC);
Whereas when the United States designates a nation as a CPC, the intent is to 
        place protection and promotion of religious freedom as a diplomatic 
        priority in bilateral relations, including taking actions specified in 
        section 405 (a)(b)(c) of the IRFA;
Whereas in November 2006, the State Department announced that the CPC 
        designation was lifted from the Socialist Republic of Vietnam;
Whereas in explaining the lifting of the designation, State Department officials 
        have stated that Vietnam ``has turned a corner . . . and has what looks 
        like religious freedom'' and that Vietnam ``does not meet the criteria 
        for a severe violator of religious freedom'' under terms set by the 
        IRFA;
Whereas the criteria for designating countries as a CPC, as set forth in section 
        3(11) of the IRFA, are for ``systematic, ongoing, and egregious 
        violations of religious freedom including violations, such as--A) 
        torture or cruel, inhuman, or degrading treatment of punishment; B) 
        prolonged detention without charges; C) causing the disappearance of 
        persons by the abduction or clandestine detention of those persons; and 
        D) other flagrant denial of the right of life, liberty, or the security 
        of persons.'';
Whereas in 2004, the Vietnamese National Assembly issued Directive 21/2004/PL-
        UBTVQH11 to regulate religious activities;
Whereas this directive contains several articles that seriously interfere with 
        religious freedom and impose heavy government control on religious 
        activities;
Whereas, on September 15, 2004, the State Department added Vietnam to the CPC 
        list and Ambassador at Large for International Religious Freedom, John 
        Hanford, stated, ``at least 45 religious believers remain imprisoned . . 
        . Protestants have been pressured by authorities to renounce their 
        faith, and some have been subjected to physical abuse.'';
Whereas to avoid possible sanctions or other ``commensurate actions'' 
        recommended by section 405 (a)(b) of the IRFA, in May 2005 the United 
        States and Vietnam reached a ``binding agreement'' consistent with 
        section 405 (c) of the IRFA;
Whereas although the terms of that ``binding agreement'' have never been fully 
        publicized, the United States Commission on International Religious 
        Freedom 2006 Annual Report stated that the United States agreed to lift 
        the CPC designation if the Government of Vietnam fully implemented 
        legislation on religious freedom and rendered previous contradictory 
        regulations obsolete, instructed local authorities strictly and 
        completely to adhere to the new legislation to ensure compliance, 
        facilitated the process by which religious congregations are able to 
        open houses of worship, and gave special consideration to prisoners and 
        cases of concern raised by the United States during the granting of 
        prisoner amnesties;
Whereas the Unified Buddhist Church of Vietnam (UBCV), the Hoa Hao Buddhists, 
        and the Cao Dai groups continue to face unwarranted abuses because of 
        their attempts to organize independently of the Vietnamese Government, 
        including the detention and imprisonment of individual members of these 
        religious communities;
Whereas over the last 3 years, 18 Hoa Hao Buddhists have been arrested for 
        distributing sacred texts or publically protesting the religious 
        restrictions placed on them by the Vietnamese Government, at least 
        twelve remain in prison, including four sentenced in 2007 for staging a 
        peaceful hunger strike;
Whereas five members of the Cao Dai religious community remain in prison for 
        distributing materials in Cambodia critical of the Vietnamese 
        Government's restrictions on Cao Dai religious practice, for this action 
        they were sentenced to up to 13 years imprisonment;
Whereas five Khmer Buddhists were arrested in February 2007 for organizing 
        peaceful demonstrations opposing the restriction of language training 
        and ordination ceremonies for Khmer Buddhist monks;
Whereas Protestants continue to face beatings and other ill-treatment, 
        harassment, fines, threats, and forced renunciations of faith;
Whereas according to Human Rights Watch, 355 Montagnard Protestants remain in 
        prison, arrested after 2001 and 2004 demonstrations for land rights and 
        religious freedom in the Central Highlands;
Whereas according to the United States Commission on International Religious 
        Freedom, there are reports that some Montagnard Protestants were 
        imprisoned because of their religious affiliation or activities or 
        because religious leaders failed to inform on members of their religious 
        community who allegedly participated in demonstrations;
Whereas according to the United States Commission on International Religious 
        Freedom 2008 Annual Report, religious freedom advocates and human rights 
        defenders Nguyen Van Dai, Le Thi Cong Nhan, and Fr. Thaddeus Nguyen Van 
        Ly are in prison under Article 88 of the Criminal Code and Fr. Nguyen 
        Van Loi is being held without official detention orders under house 
        arrest;
Whereas at least 15 individuals are being detained in long term house arrest for 
        reasons related to their faith, including the most venerable Thich Quang 
        Do and most of the leadership of the UBCV;
Whereas according to United States Commission on International Religious Freedom 
        2008 Annual Report, there are still too many abuses of and restrictions 
        on religious freedom;
Whereas UBCV monks and youth groups leaders are harassed and detained and 
        charitable activities are denied, Vietnamese officials discriminate 
        against ethnic minority Protestants denying medical, housing, and 
        education benefits to children and families, an ethnic minority 
        Protestant was beaten to death for refusing to recant his faith, over 
        600 Hmong Protestant churches are refused legal recognition or 
        affiliation, leading to harassment, detentions, and home destructions, 
        and a government handbook on religion instructs government officials to 
        control existing religious practice, halt ``enemy forces'' from 
        ``abusing religion'' to undermine the Vietnamese Government, and 
        ``overcome the extraordinary growth of Protestantism.'';
Whereas since August 2008, the Vietnamese Government has detained at least eight 
        individuals and beaten, tear-gassed, harassed, publicly slandered, and 
        threatened Catholics engaged in peaceful activities seeking the return 
        of Catholic Church properties confiscated by the Vietnamese Government 
        after 1954 in Hanoi, including in the Thai Ha parish;
Whereas in September 2008, immediately preceding a visit by Deputy Secretary of 
        State, John Negroponte, Vietnam arrested five journalists and human 
        rights defenders, including two journalists and bloggers reportedly 
        covering the prayer vigils held by Catholics in Hanoi; and
Whereas the United States Commission on International Religious Freedom, 
        prominent nongovernmental organizations, and representative associations 
        of Vietnamese-American, Montagnard-American, and Khmer-American 
        organizations have called for the redesignation of Vietnam as a CPC: 
        Now, therefore, be it
    Resolved, That the House of Representatives--
            (1) strongly encourages the Department of State to place 
        Vietnam on the list of ``Countries of Particular Concern'' for 
        particularly severe violations of religious freedom;
            (2) strongly condemns the ongoing and egregious violations 
        of religious freedom in Vietnam, including the detention of 
        religious leaders and the long-term imprisonment of individuals 
        engaged in peaceful advocacy; and
            (3) calls on Vietnam to lift restrictions on religious 
        freedom and implement necessary legal and political reforms to 
        protect religious freedom.
                                 <all>