[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H. Res. 243 Introduced in House (IH)]







110th CONGRESS
  1st Session
H. RES. 243

   Calling on the Government of the Socialist Republic of Vietnam to 
 immediately and unconditionally release Father Nguyen Van Ly, Nguyen 
Van Dai, Le Thi Cong Nhan, and other political prisoners and prisoners 
                 of conscience, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             March 14, 2007

 Mr. Smith of New Jersey (for himself, Mr. Royce, Mr. Rohrabacher, Mr. 
McCotter, Mr. Wolf, Mr. Renzi, Mr. Daniel E. Lungren of California, Mr. 
   Tom Davis of Virginia, and Mr. Pascrell) submitted the following 
   resolution; which was referred to the Committee on Foreign Affairs

_______________________________________________________________________

                               RESOLUTION


 
   Calling on the Government of the Socialist Republic of Vietnam to 
 immediately and unconditionally release Father Nguyen Van Ly, Nguyen 
Van Dai, Le Thi Cong Nhan, and other political prisoners and prisoners 
                 of conscience, and for other purposes.

Whereas, on February 18, 2007, Vietnamese police raided the parish house of 
        Father Nguyen Van Ly and confiscated computers, telephones, more than 
        100 mobile phone cards, and more than 200 kilograms of documents;
Whereas the police moved Father Ly to the remote location of Ben Cui in central 
        Vietnam, where he is under house arrest;
Whereas Father Ly is a former prisoner of conscience, having spent a total of 
        over 13 years in prison since 1983 for his advocacy of religious freedom 
        and democracy in Vietnam;
Whereas Father Ly is one of the founders of ``Block 8406'', a democracy movement 
        that started in April 2006 when hundreds of people throughout Vietnam 
        signed public petitions calling for democracy and human rights;
Whereas Father Ly is also a founder of a new political party, the Vietnam 
        Progression Party, and one of the primary editors of ``Freedom of 
        Speech'' magazine;
Whereas, on March 6, 2007, Vietnamese police arrested one of Vietnam's few 
        practicing human rights lawyers, Nguyen Van Dai, who has defended 
        individuals arrested for their human rights and religious activities, is 
        the co-founder of the Committee for Human Rights in Vietnam, and is one 
        of the principal organizers of the Block 8406 democracy movement;
Whereas, on March 6, 2007, Vietnamese police also arrested Le Thi Cong Nhan, a 
        human rights lawyer, a member of ``Block 8406'', the principal 
        spokesperson for the Progression Party, and a founder of the Vietnamese 
        Labor Movement;
Whereas Father Ly, Nguyen Van Dai, and Le Thi Cong Nhan have been charged with 
        disseminating propaganda against the Socialist Republic of Vietnam under 
        article 88 of the Penal Code;
Whereas if convicted, they each could be sentenced to up to 20 years in prison;
Whereas in none of their activities have Father Ly, Nguyen Van Dai, or Le Thi 
        Cong Nhan advocated or engaged in violence in their opposition to the 
        Vietnamese Government or its policies;
Whereas the arrest of and charges against Father Ly, Nguyen Van Dai, and Le Thi 
        Cong Nhan violate Article 69 of the Vietnamese Constitution, which 
        states that ``The citizen shall enjoy freedom of opinion and speech, 
        freedom of the press, the right to be informed and the right to 
        assemble, form associations and hold demonstrations in accordance with 
        the provisions of the law'';
Whereas Father Ly, Nguyen Van Dai, and Le Thi Cong Nhan have been arrested and 
        charged in contravention of the rights enshrined in the International 
        Covenant on Civil and Political Rights (ICCPR) to which Vietnam is a 
        state party, specifically Article 18 (freedom of religion), Article 19 
        (freedom of expression) and Article 22 (freedom of association);
Whereas the United State Congress agreed to Vietnam becoming an official member 
        of the World Trade Organization (WTO) in 2006, amidst assurances that 
        the Vietnamese Government was steadily improving its human rights record 
        and would continue to do so;
Whereas the group of Asian countries at the United Nations have nominated 
        Vietnam as the sole regional candidate for a nonpermanent seat on the 
        United Nations Security Council for the 2008-2009 biennium, and pursuant 
        to the United Nations Charter, Vietnam would be required to discharge 
        its duties in accordance with the purposes of the United Nations, 
        including the promotion and encouragement of respect for human rights 
        and fundamental freedoms for all; and
Whereas the arbitrary imprisonment and the violation of the human rights of 
        citizens of Vietnam are sources of continuing, grave concern to 
        Congress, and the arrests of Father Ly, Nguyen Van Dai, and Le Thi Cong 
        Nhan are part of a trend toward increasing oppression of human rights 
        advocates in Vietnam: Now, therefore, be it
    Resolved,  That--
            (1) the House of Representatives--
                    (A) condemns and deplores the arbitrary arrests of 
                Father Nguyen Van Ly, Nguyen Van Dai, and Le Thi Cong 
                Nhan by the Government of the Socialist Republic of 
                Vietnam and calls for their immediate and unconditional 
                release and the dropping of all criminal charges, and 
                for the immediate and unconditional release of all 
                other political and religious prisoners;
                    (B) condemns and deplores the violations of the 
                freedoms of speech, religion, movement, association, 
                and the lack of due process afforded to individuals in 
                Vietnam;
                    (C) challenges the qualifications of Vietnam to be 
                a member of the United Nations Security Council, unless 
                the Government of Vietnam begins immediately to respect 
                human rights and fundamental freedoms for all within 
                its own borders; and
                    (D) strongly urges the Government of Vietnam to 
                consider the implications of its actions for the 
                broader relationship between the United States and 
                Vietnam; and
            (2) it is the sense of the House of Representatives that 
        the United States should--
                    (A) make a top concern the immediate release, legal 
                status, and humanitarian needs of Father Nguyen Van Ly, 
                Nguyen Van Dai, and Le Thi Cong Nhan;
                    (B) use funds from the newly created Human Rights 
                Defenders Fund of the Department of State to assist 
                with the legal defense and the needs of the families 
                and dependents of Father Ly, Nguyen Van Dai, and Le Thi 
                Cong Nhan;
                    (C) continue to urge the Government of Vietnam to 
                comply with internationally recognized standards for 
                basic freedoms and human rights;
                    (D) make clear to the Government of Vietnam that it 
                must adhere to the rule of law and respect the freedom 
                of religion and expression in order to broaden its 
                relations with the United States;
                    (E) make clear to the Government of Vietnam that 
                the detention of Father Ly, Nguyen Van Dai, Le Thi Cong 
                Nhan, and other political prisoners and prisoners of 
                conscience and other human rights violations are not in 
                the interest of Vietnam because they create obstacles 
                to improved bilateral relations and cooperation with 
                the United States;
                    (F) if there is widespread harassment, short-term 
                detentions, long-term house detentions, and arrests of 
                religious leaders and religious-motivated rights 
                defenders and activists, re-impose on Vietnam the 
                country of particular concern (CPC) designation, which 
                was removed on November, 13, 2006, for severe and 
                ongoing violations of the freedoms of thought, 
                conscience, religion, and belief in Vietnam;
                    (G) make clear to the Government of Vietnam that 
                the norms and responsibilities of joining the 
                international community are not fully realized in 
                Vietnam's WTO membership, and that the issues of the 
                freedoms of speech, assembly, association, and the 
                right of due process are essential for a healthy trade 
                and business climate; and
                    (H) in order to advance these freedoms and rights, 
                and to strengthen the long-term relationship between 
                the United States and Vietnam, initiate new foreign 
                assistance programs to advance the capacity and 
                networking abilities of Vietnamese civil society, 
                including new rule of law programs to train Vietnamese 
                human rights lawyers, judges, academics, and students 
                about international human rights law; new public 
                diplomacy initiatives to inform and teach Vietnamese 
                citizens about international human rights norms and 
                responsibilities, and projects that support 
                organizations and associations that promote the freedom 
                of religion, speech, assembly, and association.
                                 <all>