[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H. Res. 16 Introduced in House (IH)]
112th CONGRESS
1st Session
H. RES. 16
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
January 5, 2011
Mr. Royce (for himself, Ms. Zoe Lofgren of California, Mr. Smith of New
Jersey, Ms. Loretta Sanchez of California, Mr. Rohrabacher, and Mr.
Wolf) 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), 405 (b), and 405 (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, 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 (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 in September 2009, Vietnamese police cordoned off a Lang Mai Buddhist
monastery, and monks were beaten, degraded, and sexually assaulted by
undercover policemen and civilians;
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 Ksor Tino, a Degar Christian, died on September 6, 2009, after being
detained in a Plei Ku city prison and being tortured repeatedly with
electric prods and severe physical punishment for refusing to join a
government sanctioned religion;
Whereas, on November 11, 2010, hundreds of Vietnamese police violently attacked
a Catholic prayer service in the Gia Lai Provence, leaving 9 of the
beaten unconscious from strokes to the head;
Whereas according to the United States Commission on International Religious
Freedom 2010 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. Phan 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 UBCV monks and youth groups leaders are harassed and detained and
charitable activities are denied, Vietnamese officials discriminate
against ethnic minority Protestants by denying medical, housing, and
educational 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 arrested and sentenced
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 local police and mobile ``anti-riot'' police attacked a funeral
procession in the Con Dau parish on May 4, 2010, shooting tear gas and
rubber bullets, beating residents with batons and electric rods,
injuring 100, and killing at least one; 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.
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