[Congressional Record Volume 153, Number 137 (Monday, September 17, 2007)]
[House]
[Pages H10385-H10391]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
VIETNAM HUMAN RIGHTS ACT OF 2007
Mr. FALEOMAVAEGA. Mr. Speaker, I move to suspend the rules and pass
the bill (H.R. 3096) to promote freedom and democracy in Vietnam, as
amended.
The Clerk read the title of the bill.
The text of the bill is as follows:
H.R. 3096
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Vietnam
Human Rights Act of 2007''.
(b) Table of Contents.--The table of contents for this Act
is as follows:
Sec. 1. Short title; table of contents.
Sec. 2. Findings.
Sec. 3. Purpose.
TITLE I--PROHIBITION ON NONHUMANITARIAN ASSISTANCE TO THE GOVERNMENT OF
VIETNAM
Sec. 101. Bilateral nonhumanitarian assistance.
TITLE II--ASSISTANCE TO SUPPORT DEMOCRACY IN VIETNAM
Sec. 201. Assistance.
TITLE III--UNITED STATES PUBLIC DIPLOMACY
Sec. 301. Radio Free Asia transmissions to Vietnam.
Sec. 302. United States educational and cultural exchange programs with
Vietnam.
TITLE IV--UNITED STATES REFUGEE POLICY
Sec. 401. Refugee resettlment for nationals of Vietnam.
TITLE V--ANNUAL REPORT ON PROGRESS TOWARD FREEDOM AND DEMOCRACY IN
VIETNAM
Sec. 501. Annual report.
SEC. 2. FINDINGS.
Congress finds the following:
(1) The relationship between the United States and the
Socialist Republic of Vietnam has grown substantially over
the past 12 years, with annual trade between the 2 countries
reaching over $9,000,000,000 per year.
(2) The Government of Vietnam's transition toward greater
economic freedom and trade has not been matched by greater
political freedom and substantial improvements in human
rights for many Vietnamese.
(3) The United States 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.
(4) Vietnam remains a one-party state, ruled and controlled
by the Communist Party of Vietnam (CPV), which continues to
deny the right of citizens to change their government.
(5) Although in recent years the National Assembly of
Vietnam has played an increasingly active role as a forum for
highlighting local concerns, corruption, and inefficiency,
the National Assembly remains subject to the direction of the
CPV and the CPV maintains control over the selection of
candidates in national and local elections.
(6) The Government of Vietnam forbids public challenge to
the legitimacy of the one-party state, restricts freedoms of
opinion, the press, and association and tightly limits access
to the Internet and telecommunication.
(7) Since Vietnam's accession to the WTO on January 11,
2007, the Vietnamese Government arbitrarily arrested and
imprisoned several individuals for their peaceful advocacy of
democracy, including Father Nguyen Van Ly and human rights
lawyers Nguyen Van Dai and Le Thi Cong Nhan.
(8) The Government of Vietnam continues to detain,
imprison, place under house arrest, convict, or otherwise
restrict persons for the peaceful expression of dissenting
political or religious views, including Bui Kim Thanh, Hang
Tan Phat, Truong Quoc Huy, Vu Hoang Hai, Nguyen Ngoc Quang,
Pham Ba Hai, Dr. Le Nguyen Sang, Huynh Nguyen Dao, Nguyen Bac
Truyen, Tran Quoc Hien, Nguyen Tan Hoanh, Tran Thi Le Hang,
Doan Huu Chuong, Doan Van Dien, Le Ba Triet, Nguyen Tuan,
Tran Thi Thuy Trang, Nguyen Phong, Nguyen Binh Thanh, Hoang
Thi Anh Dao, Le Thi Le Hang, Tran Khai Thanh Thuy, Ho Thi
Bich Khuong, Hong Trung, Danh Tol, Kim Muot, Thach Thuong, Ly
Suong, Ly Hoang, Nguyen Van Tho, Le Van Soc, Nguyen Van Thuy,
Duong Thi Tron, Truong Minh Duc, and Dr. Pham Hong Son, among
others.
(9)(A) The Government of Vietnam continues to limit freedom
of religion and restrict the operation of religious
organizations.
(B) Despite reported progress in church openings and legal
registrations of religious venues, the Government of Vietnam
has halted most positive actions since the Department of
State lifted the ``country of particular concern'' (CPC)
designation for Vietnam in November 2006.
(C) Unregistered ethnic minority Protestant congregations
suffer severe abuses because of actions by the Government of
Vietnam, which have included forced renunciations of faith,
the arrest and harassment of pastors, the withholding of
social programs provided for the general population,
confiscation and destruction of property, and subjection to
severe beatings.
(D) The Unified Buddhist Church of Vietnam (UBCV) suffers
persecutions as the Government of Vietnam continues to
restrict
[[Page H10386]]
contacts and movement of senior UBCV clergy, including the
Most Venerable Thich Huyen Quang, and the Most Venerable
Thich Quang Do for refusing to join the state-sponsored
Buddhist organizations, and the Government also continues to
place leaders under ``pagoda'' and house arrest, destroy
religious property, and harass and threaten local practicing
Buddhists.
(E) The Government of Vietnam continues to suppress the
activities of other religious adherents, including Cao Dai
and Hoa Hao who lack official recognition or have chosen not
to affiliate with the state-sanctioned groups, including
through the use of detention and imprisonment.
(F) During Easter weekend in April 2004, thousands of
Montagnards gathered to protest their treatment by the
Government of Vietnam, including the confiscation of tribal
lands and ongoing restrictions on religious activities.
Credible reports indicate that the protests were met with
violent response as many demonstrators were arrested,
injured, went into hiding, and that others were killed. Many
of these Montagnards are still serving long sentences for
their involvement in peaceful demonstrations in 2001 and
2004.
(G) Ethnic minority Hmong in the Northwest Highlands of
Vietnam also suffer restrictions, abuses, and persecution by
the Government of Vietnam, and although the Government is now
allowing some Hmong Protestants to organize and conduct
religious activity, some government officials continue to
deny or ignore additional applications for registration.
(10) The Government of Vietnam controls all print and
electronic media, including access to the Internet, jams the
signals of some foreign radio stations, including Radio Free
Asia, and has detained and imprisoned individuals who have
posted or sent democracy-related materials via the Internet.
(11) People arrested in Vietnam because of their political
or religious affiliations and activities often are not
accorded due legal process as they lack full access to
lawyers of their choice, may experience closed trials, have
often been detained for years without trial, and have been
subjected to the use of torture to admit crimes they did not
commit or to falsely denounce their own leaders.
(12)(A) United States refugee resettlement programs,
including the Humanitarian Resettlement (HR) Program, the
Orderly Departure Program (ODP), Resettlement Opportunities
for Vietnamese Returnees (ROVR) Program, general resettlement
of boat people from refugee camps throughout Southeast Asia,
the Amerasian Homecoming Act of 1988, and the Priority One
Refugee resettlement category have helped rescue Vietnamese
nationals who have suffered persecution on account of their
associations with the United States as well as Vietnamese
nationals who have been persecuted because of race, religion,
nationality, political opinion, or membership in a particular
social group.
(B) While previous programs have served their purposes
well, a significant number of eligible refugees from Vietnam
were unfairly denied or excluded, including Amerasians, in
some cases by vindictive or corrupt Vietnamese officials who
controlled access to the programs, and in others by United
States personnel who imposed unduly restrictive
interpretations of program criteria. In addition, the
Government of Vietnam has denied passports to persons who the
United States has found eligible for refugee admission.
(C) The Department of State has agreed to extend the
September 30, 1994, registration deadline for former United
States employees, ``re-education'' survivors, and surviving
spouses of those who did not survive ``re-education'' camps
to sign up for United States refugee programs, as well as the
Vietnamese In Country Priority One Program in Vietnam to
provide protection to victims of recent persecution on
account of race, religion, nationality, political opinion, or
membership in a particular social group.
(D) The former United States Immigration and Naturalization
Service agreed to resume the processing of former United
States employees under the U11 program, which had been
unilaterally suspended by the United States Government, as
well as to review applications of Amerasians, children of
American servicemen left behind in Vietnam after the war
ended in April 1975, for resettlement to the United States
under the Amerasian Homecoming Act of 1988.
(13) Congress has passed numerous resolutions condemning
human rights abuses in Vietnam, indicating that although
there has been an expansion of relations with the Government
of Vietnam, it should not be construed as approval of the
ongoing and serious violations of fundamental human rights in
Vietnam.
(14) Enhancement of relations between the United States and
Vietnam has proved an opportunity for a human rights dialogue
and could lead to future progress on human rights issues in
Vietnam.
SEC. 3. PURPOSE.
The purpose of this Act is to promote the development of
freedom and democracy in Vietnam.
TITLE I--PROHIBITION ON NONHUMANITARIAN ASSISTANCE TO THE GOVERNMENT OF
VIETNAM
SEC. 101. BILATERAL NONHUMANITARIAN ASSISTANCE.
(a) Assistance.--
(1) In general.--Except as provided in subsection (b),
United States nonhumanitarian assistance may not be provided
to the Government of Vietnam in an amount exceeding the
amount so provided for fiscal year 2007--
(A) for fiscal year 2008 unless not later than 30 days
after the date of the enactment of this Act the President
determines and certifies to Congress that the requirements of
subparagraphs (A) through (D) of paragraph (2) have been met
during the 12-month period ending on the date of the
certification; and
(B) for each subsequent fiscal year unless the President
determines and certifies to Congress in the most recent
annual report submitted pursuant to section 501 that the
requirements of subparagraphs (A) through (E) of paragraph
(2) have been met during the 12-month period covered by the
report.
(2) Requirements.--The requirements of this paragraph are
that--
(A) the Government of Vietnam has made substantial progress
toward releasing all political and religious prisoners from
imprisonment, house arrest, and other forms of detention;
(B)(i) the Government of Vietnam has made substantial
progress toward respecting the right to freedom of religion,
including the right to participate in religious activities
and institutions without interference by or involvement of
the Government; and
(ii) the Government of Vietnam has made substantial
progress toward returning estates and properties confiscated
from the churches;
(C) the Government of Vietnam has made substantial progress
toward allowing Vietnamese nationals free and open access to
United States refugee programs;
(D) the Government of Vietnam has made substantial progress
toward respecting the human rights of members of all ethnic
minority groups; and
(E)(i) neither any official of the Government of Vietnam
nor any agency or entity wholly or partly owned by the
Government of Vietnam was complicit in a severe form of
trafficking in persons; or
(ii) the Government of Vietnam took all appropriate steps
to end any such complicity and hold such official, agency, or
entity fully accountable for its conduct.
(b) Exception.--
(1) Continuation of assistance in the national interest.--
Notwithstanding the failure of the Government of Vietnam to
meet the requirements of subsection (a)(2), the President may
waive the application of subsection (a) for any fiscal year
if the President determines that the provision to the
Government of Vietnam of increased nonhumanitarian assistance
would promote the purpose of this Act or is otherwise in the
national interest of the United States.
(2) Exercise of waiver authority.--The President may
exercise the authority under paragraph (1) with respect to--
(A) all United States nonhumanitarian assistance to
Vietnam; or
(B) one or more programs, projects, or activities of such
assistance.
(c) Definitions.--In this section:
(1) Severe forms of trafficking in persons.--The term
``severe form of trafficking in persons'' means any activity
described in section 103(8) of the Trafficking Victims
Protection Act of 2000 (Public Law 106-386 (114 Stat. 1470);
22 U.S.C. 7102(8)).
(2) United states nonhumanitarian assistance.--The term
``United States nonhumanitarian assistance'' means--
(A) any assistance under the Foreign Assistance Act of 1961
(including programs under title IV of chapter 2 of part I of
that Act, relating to the Overseas Private Investment
Corporation), other than--
(i) disaster relief assistance, including any assistance
under chapter 9 of part I of that Act;
(ii) assistance which involves the provision of food
(including monetization of food) or medicine;
(iii) assistance for refugees; and
(iv) assistance to combat HIV/AIDS, including any
assistance under section 104A of that Act; and
(B) sales, or financing on any terms, under the Arms Export
Control Act.
TITLE II--ASSISTANCE TO SUPPORT DEMOCRACY IN VIETNAM
SEC. 201. ASSISTANCE.
(a) In General.--The President is authorized to provide
assistance, through appropriate nongovernmental organizations
and the Human Rights Defenders Fund, for the support of
individuals and organizations to promote internationally
recognized human rights in Vietnam.
(b) Authorization of Appropriations.--There are authorized
to be appropriated to the President to carry out subsection
(a) $2,000,000 for each of the fiscal years 2008 and 2009.
TITLE III--UNITED STATES PUBLIC DIPLOMACY
SEC. 301. RADIO FREE ASIA TRANSMISSIONS TO VIETNAM.
(a) Policy of the United States.--It is the policy of the
United States to take such measures as are necessary to
overcome the jamming of Radio Free Asia by the Government of
Vietnam.
(b) Authorization of Appropriations.--In addition to such
amounts as are otherwise authorized to be appropriated for
the Broadcasting Board of Governors, there are authorized to
be appropriated to carry out the policy under subsection (a)
$9,100,000 for the fiscal year 2008 and $1,100,000 for fiscal
year 2009.
[[Page H10387]]
SEC. 302. UNITED STATES EDUCATIONAL AND CULTURAL EXCHANGE
PROGRAMS WITH VIETNAM.
It is the policy of the United States that programs of
educational and cultural exchange with Vietnam should
actively promote progress toward freedom and democracy in
Vietnam by providing opportunities to Vietnamese nationals
from a wide range of occupations and perspectives to see
freedom and democracy in action and, also, by ensuring that
Vietnamese nationals who have already demonstrated a
commitment to these values are included in such programs.
TITLE IV--UNITED STATES REFUGEE POLICY
SEC. 401. REFUGEE RESETTLMENT FOR NATIONALS OF VIETNAM.
(a) Policy of the United States.--It is the policy of the
United States to offer refugee resettlement to nationals of
Vietnam (including members of the Montagnard ethnic minority
groups) who were eligible for the Humanitarian Resettlement
(HR) Program, the Orderly Departure Program (ODP),
Resettlement Opportunities for Vietnamese Returnees (ROVR)
Program, the Amerasian Homecoming Act of 1988, or any other
United States refugee program and who were deemed ineligible
due to administrative error or who for reasons beyond the
control of such individuals (including insufficient or
contradictory information or the inability to pay bribes
demanded by officials of the Government of Vietnam) were
unable or failed to apply for such programs in compliance
with deadlines imposed by the Department of State.
(b) Authorized Activity.--Of the amounts authorized to be
appropriated to the Department of State for Migration and
Refugee Assistance for each of the fiscal years 2008, 2009,
and 2010, such sums as may be necessary are authorized to be
made available for the protection (including resettlement in
appropriate cases) of Vietnamese refugees and asylum seekers,
including Montagnards in Cambodia.
TITLE V--ANNUAL REPORT ON PROGRESS TOWARD FREEDOM AND DEMOCRACY IN
VIETNAM
SEC. 501. ANNUAL REPORT.
(a) In General.--Not later than 6 months after the date of
the enactment of this Act and every 12 months thereafter, the
Secretary of State shall submit to the Congress a report on
the following:
(1)(A) The determination and certification of the President
that the requirements of subparagraphs (A) through (E) of
section 101(a)(2) have been met, if applicable.
(B) The determination of the President under section
101(b)(1), if applicable.
(2) Efforts by the United States Government to secure
transmission sites for Radio Free Asia in countries in close
geographical proximity to Vietnam in accordance with section
301(a).
(3) Efforts to ensure that programs with Vietnam promote
the policy set forth in section 302 and with section 105 of
the Human Rights, Refugee, and Other Foreign Policy
Provisions Act of 1996 regarding participation in programs of
educational and cultural exchange.
(4) Steps taken to carry out the policy under section
401(a).
(5) Lists of persons believed to be imprisoned, detained,
or placed under house arrest, tortured, or otherwise
persecuted by the Government of Vietnam due to their pursuit
of internationally recognized human rights. In compiling such
lists, the Secretary shall exercise appropriate discretion,
including concerns regarding the safety and security of, and
benefit to, the persons who may be included on the lists and
their families. In addition, the Secretary shall include a
list of such persons and their families who may qualify for
protections under United States refugee programs.
(6) A description of the development of the rule of law in
Vietnam, including, but not limited to--
(A) progress toward the development of institutions of
democratic governance;
(B) processes by which statutes, regulations, rules, and
other legal acts of the Government of Vietnam are developed
and become binding within Vietnam;
(C) the extent to which statutes, regulations, rules,
administrative and judicial decisions, and other legal acts
of the Government of Vietnam are published and are made
accessible to the public;
(D) the extent to which administrative and judicial
decisions are supported by statements of reasons that are
based upon written statutes, regulations, rules, and other
legal acts of the Government of Vietnam;
(E) the extent to which individuals are treated equally
under the laws of Vietnam without regard to citizenship,
race, religion, political opinion, or current or former
associations;
(F) the extent to which administrative and judicial
decisions are independent of political pressure or
governmental interference and are reviewed by entities of
appellate jurisdiction; and
(G) the extent to which laws in Vietnam are written and
administered in ways that are consistent with international
human rights standards, including the requirements of the
International Covenant on Civil and Political Rights.
(b) Contacts With Other Organizations.--In preparing the
report under subsection (a), the Secretary shall, as
appropriate, seek out and maintain contacts with
nongovernmental organizations and human rights advocates
(including Vietnamese-Americans and human rights advocates in
Vietnam), including receiving reports and updates from such
organizations and evaluating such reports. The Secretary
shall also seek to consult with the United States Commission
on International Religious Freedom for appropriate sections
of the report.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
American Samoa (Mr. Faleomavaega) and the gentleman from New Jersey
(Mr. Smith) each will control 20 minutes.
The Chair recognizes the gentleman from American Samoa.
General Leave
Mr. FALEOMAVAEGA. Mr. Speaker, I ask unanimous consent that all
Members may have 5 legislative days to revise and extend their remarks.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from American Samoa?
There was no objection.
Mr. FALEOMAVAEGA. Mr. Speaker, I yield myself such time as I may
consume.
I rise in strong support of this resolution. I would be remiss if I
do not first recognize my good friend, the gentleman from New Jersey.
Not only do I have the highest respect for him but certainly as a
champion of human rights issues all over the world, and for this I want
to commend him for his authorship of this proposed bill. And I would
like to also thank Chairman Lantos and senior Ranking Member Ros-
Lehtinen, the leadership of our Foreign Affairs Committee, for their
support and efforts in bringing this proposed legislation for
consideration by our colleagues.
Mr. Speaker, Vietnam stands at a crossroads, and the world is
watching carefully to see the choices that it will make.
Like many other countries of the world, Vietnam has a responsibility
to protect human and religious rights and provide political freedoms to
its people. The Vietnamese people and their leaders should have a deep
appreciation of the need to protect and foster the human rights of its
people especially after being subjected to many years of abuse and
dictatorial and colonial rule of the French Government.
I commend Vietnam's efforts to improve its economy, which grew by
over 8 percent last year. In November also of last year, Vietnam played
host to the Asian Pacific Economic Cooperation summit, and in January
it joined the World Trade Organization. So we must recognize the
extraordinary economic achievements Vietnam has made in a short time.
This economic growth has bettered the lives of millions of the people
of Vietnam.
But recent reports have given serious indications on how the
Vietnamese Government has arrested and placed several religious and
political leaders in prison without due process and in violation of
their human rights.
Mr. Speaker, Congress played an important role in seeing that Vietnam
became a member of the World Trade Organization. And yet since its
accession, Vietnam has arrested numerous individuals simply for
peacefully advocating for democracy.
Vietnam continues to limit freedom of religion, freedom of the press,
and freedom of information. It remains as a one-party political system
in which the Communist Party is the final arbiter of all decisions.
Mr. Speaker, U.S. engagement with Vietnam has helped spur economic
growth and improvements in the lives of the Vietnamese people. But
engagement must not be limited to foreign direct investment. We must
also seize the opportunity to work with Vietnam to promote political
openness and improve human rights.
This bill promotes just this kind of engagement. It prohibits
increased assistance to Vietnam above fiscal year 2007 levels other
than for humanitarian efforts. This bill makes it clear to Vietnam that
the only factor limiting increased aid is positive action by the
Vietnamese Government on political, human, and religious rights.
The bill also supports civil society groups in Vietnam that promote
human rights. It supports educational exchanges that would enhance
freedom and democracy in that country. And it makes it the policy of
the United States to offer safe resettlement here to those who are
forced to flee Vietnam and become refugees.
[[Page H10388]]
Mr. Speaker, Vietnam is increasingly integrated into the global
economy; but to be considered a friend of our Nation, it must protect
human rights and provide its people political and religious freedom. We
all wish this future for Vietnam, and we hope there will be more
positive results of our continued efforts to dialogue with the leaders
of the people of Vietnam.
With that, Mr. Speaker, I urge my colleagues to support this proposed
bill.
Mr. Speaker, I reserve the balance of my time.
Mr. SMITH of New Jersey. Mr. Speaker, I yield myself such time as I
may consume.
Let me begin by thanking my good friend and colleague, Mr.
Faleomavaega, for his leadership on human rights. We have worked
together on those issues around the world. We have served on the Human
Rights Committee for years, and he has been one of those champions with
whom I am just so glad to associate myself. And I want to thank Mr.
Lantos, the chairman of our committee, for bringing this bill to the
floor and express my strong gratitude to him and to Ranking Member
Ileana Ros-Lehtinen and to the leadership for posting this bill for
consideration today.
Mr. Speaker, Vietnam has long been known as a major violator of human
rights. Sadly, in recent months the human rights situation in Vietnam
has deteriorated and become substantially worse, and a new ugly wave of
brutal repression has been launched by Hanoi. Over the last couple of
months, some of the bravest champions of democracy have been dragged
into court and sent to the gulag for simply promoting human rights and
justice and free trade unions.
I would note to my colleagues that the House of Representatives has
gone on record time and time again condemning and deploring these
violations, but this is a new wave that comes on the heels of PNTR, as
well as the WTO accession by the Vietnamese Government.
I would note that on May 2 of this year, this House unanimously
adopted a resolution that I sponsored which called on the Government 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. During consideration of that resolution, Mr.
Speaker, I noted that I had been to Vietnam on many human rights trips.
I have chaired several hearings on the issue of human rights in Vietnam
and have been joined by my friend Mr. Faleomavaega, Mr. Royce and
others in those hearings. But on one of the most recent trips, I
actually met with Father Ly, who was just sentenced to 8 years in
prison. Just sentenced. I also met with Nguyen Van Dai and about 60
other human rights activists and religious leaders and people who are
pressing for reform in that country. And one by one those individuals
are being caught in this dragnet.
I was struck when I met with these individuals, Mr. Speaker, by how
extraordinarily generous, compassionate, talented, and kind hearted
these people are. They are extraordinary. They are Vietnam's best and
brightest and certainly their bravest. I was amazed at how they
harbored no malice, no hate towards the government that hates them, nor
do they hate the government leaders. They only want a better future for
their country. Each and every one of the people I met with is committed
to peaceful, nonviolent reform.
I met with Father Ly when he was under house arrest, and he sounded
just like the activists that I had met and spoken to during the dark
years of the Warsaw Pact and the Soviet Union. My first human rights
trip, I would note parenthetically, was in 1982 on behalf of Soviet
refuzniks. It was like being right back there, deja vu, talking to
these individuals just like back then, the Shcharanskys of this world
or Vaclav Havel or Lech Walesa, people like the folks in Charter 77 in
the Czech Republic who only wanted freedom, democracy, and human
rights.
{time} 1500
And none of them wanted violence. And these reformers of Vietnam want
nothing whatsoever to do with violence. And yet, they are accused of
slandering the state. To criticize an unjust policy is construed by the
state to be slander. Father Ly has now been sentenced to 8 years, and
that's in addition to the 14 years he had previously served in the
Gulag on trumped-up charges.
Just days after the House adopted the Resolution 243 calling for a
reversal of human rights violations, Nguyen Van Dai was sentenced to 5
years imprisonment and 4 years of house arrest. Attorney Van Dai is a
tenacious campaigner for human rights who uses the rule of law in a
nonviolent manner to press his case.
On the same day that Mr. Van Dai was sentenced, another human rights
lawyer, a labor activist, Le Thi Cong Nhan, received 4 years
imprisonment and 3 years of house arrest from the same ruthless regime.
She, too, punished for engaging in activities recognized
internationally as protected human rights.
I've read the 2007 trial proceedings and the government sentencing
record, which I intend to put into the Record. And I ask every Member
to read that and to read it very carefully. It reads like a chilling
chapter out of George Orwell's book, ``1984.''
At the trial, the presiding judge, Nguyen Huu Chinh, accused and
condemned Dai of being a member of an Independent Trade Union. A member
of the Communist party in Poland, Jaruzelski, accused Lech Walesa of
that same thing, an independent trade union. That accusation carries
with it a time in the Gulag in Vietnam today.
In Vietnam today, men and women are going to jail for very long
periods of time for what the government calls ``disseminating
propaganda against the Government of the Socialist Republic of
Vietnam.''
I point out to my colleagues that the day after the House passed the
resolution on May 2, the U.S. Commission on International Religious
Freedom indicated in its annual report that the removal of Vietnam from
the State Department's List of Countries of Particular Concern was
premature based on the evidence that the current situation in the
country has not allowed religious freedom. Again, it was part of an
effort, I think, of suggesting that if they just got into the World
Trade Organization, somehow they would matriculate from dictatorship to
democracy. Regrettably, that has not happened. And we've seen a
snapback to repression that is very, very severe, cruel, and very, very
ugly.
The legislation before us, Mr. Speaker, would prohibit an increase in
U.S. nonhumanitarian assistance to Vietnam unless the government makes
substantial progress in the following areas: the release of political
and religious prisoners; respect for religious freedom; allowing open
access to the United States for our refugee program, because very often
those who would like to become a part of that have to pay bribes to
communist officials or they are simply detained and not allowed to
apply; and respect for the rights of ethnic minority groups, including
the Montagnard.
Beginning in fiscal year 2009, there would also be a need to show
that neither any official of the government nor any government agency
was complicit in the trafficking of human persons. The president may
waive this restriction on assistance if he determines that the
assistance would promote human rights or would otherwise be in the
national interests of the U.S.
Other important provisions would authorize $2 million of assistance
in both 2008 and 2009 to support democracy in Vietnam, and
approximately $10 million over 2 years to overcome the jamming of Radio
Free Asia by Vietnam. Let me tell my colleagues, they're jamming Radio
Free Asia, jamming it, so the message that we think is so important
simply cannot get through. And again, the only thing that any
dictatorship needs anywhere to survive and prosper is a secret police,
got that in Vietnam, and a control of the message, the propaganda. And
by jamming Radio Free Asia, they preclude other voices, other opinions
from reaching the people.
The bill would also extend U.S. refugee programs to Vietnamese who
were previously eligible but were unable to apply for reasons beyond
their control, like I said, like not wanting to pay bribes to
Vietnamese officials.
Mr. Speaker, in November of 2006, pursuant to a boatload of
assurances and solemn promises that the human
[[Page H10389]]
rights situation would improve, Vietnam became the first country to be
removed from the Countries of Particular Concern. It was also part of
an effort to try to get into the World Trade Organization.
Despite this flurry of international recognition, tangible economic
benefit, despite the hopes of many, including and especially the
Vietnamese people, Vietnam has reverted with a vengeance to its
repressive practices and has arrested, imprisoned and imposed lengthy
prison sentences on numerous individuals who only want freedom.
Mr. Speaker, these massive human rights violations perpetrated by the
Government of Vietnam cannot be overlooked, they cannot be trivialized.
These human rights violations occur as we meet here today, and they
cannot continue without equally serious consequences.
I do believe that this snapback to human rights abuse underscores
perhaps the unwitting naivete on the part of some who think if we just
trade, things will get better. It has not.
And finally, I would ask my colleagues to take a look at pages H 4248
and H4249 from the May 1, 2007 Congressional Record, a manifesto that
was written and signed on April 8, 2006, called the 8406 Block. It is a
call for freedom and democracy and nonviolence.
One by one, those who have signed this very important human rights
document in Vietnam have been hunted down, arrested and incarcerated by
the government. That's like the people who signed the Declaration of
Independence, or again, during the Soviet years, those who would sign
manifestos calling for human rights, like Charter 77, who because they
espoused freedom, found themselves in a Gulag or being mistreated by
the government.
I urge Members on both sides of the aisle to support this. This is a
bipartisan bill, and I appreciate that. This is the kind of expression
that I think this body is known for, speaking with one voice, truth to
power, on behalf of human rights.
Mr. Speaker, I reserve the balance of my time.
Mr. FALEOMAVAEGA. Mr. Speaker, I want to associate myself with the
distinguished and most eloquent statement made by my good friend from
New Jersey.
I have not had the privilege of visiting Vietnam since the days of
the war in 1967, 1968, but I do intend to visit that country since it
comes under the jurisdiction of my subcommittee.
But again, I want to thank my good friend for the facts and the data
that he just presented. I hope my colleagues will take him up on
reading some of these important documents that he had shared with us in
his presentation.
At this time, I would like to yield 5 minutes to the distinguished
lady from California, my good friend, Ms. Sanchez.
Ms. LORETTA SANCHEZ of California. I thank the chairman for allowing
me to speak today on this issue of the Vietnam Human Rights Act of
2007.
As you know, I represent the largest Vietnamese community outside of
Vietnam in the world, and so I've had the chance to visit Vietnam now
three times. Actually, I just finished visiting in April of this year.
Before that, I had been denied a visa to visit Vietnam for three times
in the past 2\1/2\ years.
Now, I rise today in support of my colleague's House Resolution 3096,
because this is a very critical time in our relationship with Vietnam.
Before being accepted in the World Trade Organization in January, the
Government of Vietnam assured the world that they would make
significant progress in the area of human rights, things that we, as
Americans, really sometimes take for granted; freedom of speech,
freedom of the press, freedom of collective bargaining, freedom to
assemble as we wish, and most importantly, really one of the reasons
our country was founded, freedom of religion.
As my colleague from New Jersey stated, we had put Vietnam on the
List of Particular Concern with respect to the infringement on
religious beliefs of the people of Vietnam, and even they were taken
off in anticipation of this issue of going into the WTO. Many, many
promises in the 11 years that I have served in the Congress, many, many
promises by the communist Government of Vietnam, yet nothing ever holds
up. And in this particular case, every person who has stood up to speak
inside of Vietnam for democracy, for democracy, for something other
than the communist party, for free elections, for return of land
confiscated by that government, for their ability to practice the
religion that they want, for their ability to assemble three or four or
five on a street corner with a simple sign, asking, wanting, searching
for democracy. And each and every one of these people are under house
arrest, have been put in prison. One of them, Father Ly, for example,
was given a trial, a trial that lasted one day, no attorney available
to him, in a very famous photograph sent across the world of the
communist government with their hand over his mouth at his very own
trial because they didn't want him to be heard by the world.
The venerable Thich Quang Do, a Buddhist, through peaceful means
saying we need religious freedom, recognize the church where most of
the Buddhists in Vietnam want to belong. But nothing. Instead, he is
under house arrest. All of these dissidents, and yet they continue to
speak up and try to tell the world that there is no human right in
Vietnam. And they continue to fight.
Many of my colleagues on the other side and on our side of the aisle
have been working to get this message out. So then they got WTO, and
they imprisoned everybody. I was there in April. There were no
dissidents to meet. I asked to go to the prisons. I asked to go see
those who had been put behind bars. They laughed. They would not let
me. They said, How dare you ask. You know better than to ask to see
these people. And our ambassador, at his residence there, put together
a tea of the wives and the mothers of the dissidents, not people who
had spoken up, simply because they were married and these women were
worried about their husbands. And they came to talk to us. They were
stopped at their homes. They were barricaded in their homes. The
streets were barricaded to their homes so they couldn't get out. And
the two who made it, now in a very famous video playing on the
Internet, as I came to the home, so did those women, the two who got
through. And about 25 communist government soldiers descended upon us,
pulling us apart and dragging away one of the women. The ambassador
came out. He said these women are simply here to come and have tea with
us. But they would have none of it. This is democracy? These are the
human rights that this government promised?
So I say today, let us not be conspirators with this government in
the backslide of progress. Please, I ask my colleagues, join us in
voting for this resolution today.
Mr. SMITH of New Jersey. Mr. Speaker, I yield such time as he may
consume to the distinguished gentleman from California (Mr. Royce), who
has spoken out on behalf of human rights in Vietnam with great
faithfulness, is also a cosponsor of this legislation, and also
promoted legislation that was successful in expanding Radio Free Asia.
Mr. ROYCE. Mr. Speaker, I also rise in support of the Vietnam Human
Rights Act of 2007.
I join Congressman Smith, and the efforts made by others here that
have been tireless, the strategy of trying to shine some light on
Vietnam, trying to get the international community to look at what is
happening there.
I've worked with Congressman Smith on this legislation since 2001,
and I know the importance of having it passed, but also, I know the
trouble that it has been met with in the other body. And if we can
overcome the objections of a few in the other body, this bill will be
an important tool in pressing Hanoi to end its wanton disregard for
human rights.
I think the necessity of this legislation is because since early this
year the crackdown has intensified in Hanoi, in Vietnam to such an
extent that especially students, especially spokesmen for religious
organizations there are receiving these one-hour show trials where
afterwards they're being sent to a penitentiary, 8 years in the case of
Father Ly. It was 14-some years ago when he was sent away the first
time. And Mr. Speaker, I've had the opportunity there, in Vietnam, to
meet with the venerable Thich Quang Do, when he was under house arrest,
and Le Quang Liem and see the incredible repression that they face, and
to
[[Page H10390]]
see what is really a slow strangulation of the culture and of the
traditional religion as the state attempts to rewrite religion without
the support of the religious leaders, and thus come down hard on those
religious leaders and try to remove them from society and try to
imprison them certainly when they speak out.
{time} 1515
As Human Rights Watch said, this is the worst crackdown that we have
seen in Vietnam in 20 years. In the past year, Vietnamese officials
brought this harassment to religious leaders and political dissidents
and student activists to these new draconian levels that,
unfortunately, force us to act here.
This bill's focus on Vietnam suppression of the democratic movement
and its tight control over the media will be an important component in
bringing change. Why? Because with this legislation, Radio Free Asia
will now better be able to bring objective news and to be a surrogate
voice for opinions and news outside of the state-sponsored propaganda,
so the Vietnamese people will hear of the spread of democratic values
in Asia.
Frankly, the spread of democratic values in Asia is critical to U.S.
security interests. It is important to note that Vietnam has recently
ratcheted up its efforts to block radio broadcasts from Radio Free
Asia. This tells me that not only are these broadcasts having a
positive effect in combating state propaganda, but Hanoi is feeling
increased political pressure. This bill provides the means to overcome
radio jamming and the funds for continued broadcasts.
So, Mr. Speaker, I urge passage of the bill. I think it sends a firm
message to Hanoi that abuse of this kind to nonviolent citizens in the
country will not be met with silence, but, frankly, that we will take
action not only in terms of the broadcasting, but this also authorizes
our administration to provide U.S. assistance through appropriate
nongovernmental organizations and the Human Rights Defenders Fund for
the support of the individuals and organizations to promote human
rights and to promote nonviolent democratic change inside the country.
So besides capping U.S. nonhumanitarian assistance, this other
leverage will be very helpful in terms of trying to protect the human
rights and dignity of the students and of the religious leaders right
now that are facing such persecution inside Vietnam.
Mr. FALEOMAVAEGA. Mr. Speaker, I yield myself such time as I may
consume.
Mr. Speaker, I want to thank my colleagues from California, Mr. Royce
and Ms. Sanchez, for their most outstanding statements and their
support of this proposed legislation offered by my good friend, the
gentleman from New Jersey.
It saddens me because of the times and the periods that I have had
the opportunity of meeting with several delegations that have
represented Vietnam for the past couple of years. As my good friend
from New Jersey has stated earlier, they have made a lot of promises.
We have taken their promises in good faith, and now we find ourselves
in a situation where their promises have been severely questioned. I
kind of like to think that when a country makes a promise, they like to
keep it. If this is the way Vietnam is doing business, then certainly
we ought to do something about it.
Again, I want to thank my good friend from New Jersey for his
authorship of this bill.
Mr. Speaker, I yield back the balance of my time.
Mr. SMITH of New Jersey. Mr. Speaker, before yielding back the
balance of our time, again, I want to thank Mr. Faleomavaega and just
remind my colleagues that this is the third time this legislation, both
under the Republican leadership, and now, thankfully, the Speaker has
seen fit to bring this to the floor, as well, the third time I have
brought this bill to the floor. Twice it passed the House. Hopefully,
it will pass it again.
I think there is a greater sense of urgency now because there is this
new, and I would call it an ugly and pervasive, crackdown. They got all
their economic benefits. They got their World Trade Organization
accession, and, as I said before, PNTR was passed by this House and the
bilateral agreement before that. So they got all of that. Now, they
just have gone right back to the ugliest commissions of crimes against
their own people.
Mr. Speaker, let me just also say to my colleagues that we have heard
from some very reliable sources that those who have been incarcerated,
those who are being intimidated are being told that the United States
really doesn't care about human rights; that all that we care about is
the almighty buck, the dollar, and making profits. I want to remind
them that we have not walked away. This is a bipartisan expression of
concern for their well-being.
Of course, we know why they do this. I will never forget Wei
Jingsheng, the great human rights Democracy Wall leader, who spent
years in the Chinese laogai, or gulag, coming and testifying at a
hearing that I convened on human rights abuses in China. He said that
one of the ways that they break people in prison is to say that nobody
cares and that everybody has forgotten. It says in the Bible that
without hope, the people perish. And that is I think doubly, triply
true when you are an incarcerated political prisoner and you are told
that you have been abandoned.
I want those individuals to know we have not abandoned them. We care
deeply for them. We pray for them; and we are trying to do what we can
do, using legislation to try to effectuate their release and hopefully,
some day, welcome a Vietnam that is democratic, free, and a protector
of human rights, not a violator.
Mr. Speaker, let me also finally say that right after we passed this
legislation out of committee in the International Relations Committee
in a totally bipartisan effort, the Communist Party of Vietnam's online
newspaper berated me and my colleagues very, very, I think, viciously.
They did what all human rights abusers always do. They said, Don't
interfere with our internal affairs.
Well, we have heard that before, Mr. Speaker. We have heard it from
the Soviet Union. We have heard it from Cuba. We have heard it from
countries where gulags are filled with human rights activists and
freedom-loving individuals. We heard it from South Africa in the 1980s
when many of us spoke out passionately against apartheid. They said,
Don't intervene in our internal affairs.
I hope the Senate takes note. I hope my colleagues will read what is
truly going on in Vietnam today. I have put this in the Record, the
8406 Manifesto, a great statement of human rights call, and will
include as the judge's findings in the sentencing of the two people,
including Dai that I mentioned earlier. You read this and you realize
why we get so concerned, those of us like Mr. Faleomavaega and others
who follow this day in and day out. This is an indictment on the
system, not on the individuals who have been sent to prison.
Mr. Speaker, I urge my colleagues to read this. I urge passage of
this bill.
Ms. JACKSON-LEE of Texas. Mr. Speaker, I rise today in strong support
of H.R. 3096, the Vietnam Human Rights Act of 2007, introduced by my
distinguished colleague, Mr. Smith. This important legislation provides
economic and political incentives for the Vietnamese government to
improve its human rights record and ensure freedom and democracy. This
bill also encourages the dissemination of information to the people of
Vietnam through promoting free media and encouraging educational
exchanges with the United States that will allow for a true democracy
of truth and knowledge develop.
Mr. Speaker, despite a recent history of warfare and an oppressive
command economy, Vietnam is now making extraordinary progress. Last
year, Vietnam's economy grew by over 8 percent, and it hosted the Asia
Pacific Economic Cooperation Summit. In January 2007, Vietnam joined
the World Trade Organization.
This rapid economic progress has improved the lives of millions of
Vietnamese. However, I remain concerned about the lack of political
openness and reported human rights abuses. In this repressive
atmosphere, the government arrests individuals who are peacefully
advocating democracy as well as limiting the freedom of religion,
freedom of the press, and freedom of information.
Vietnam today is at a crossroads, the government must now choose to
accept its responsibilities to its citizens or continue upon its
trajectory of shunning them, facing increasing international scrutiny.
The United States and the Congress must react to the situation in
Vietnam with firmness and resolve; we are
[[Page H10391]]
unable and unwilling to ignore human rights abuses and political
suppression anywhere in the world.
By limiting the amount of funds the United States provides to the
Vietnamese Government pending a substantial and documented improvement
in its human rights record, the United States will show its commitment
to the promotion of freedom and democracy throughout the world. This
bill will prohibit the provision of additional non-humanitarian funds
unless the Vietnamese Government has released political prisoners, made
progress on respecting freedom of religion, made progress on returning
church properties, allowed the Vietnamese people access to U.S. refugee
programs, made progress on protecting ethnic minority rights, and has
held accountable any official who is found to have been complicit in
the trafficking of humans.
The provisions of this legislation work to ensure that the Vietnamese
Government halts any and all human rights abuses, while also respecting
and ensuring the rights of its citizens. I believe that this
legislation provides the necessary administrative outline that will
allow the United States to pursue the best possible relationship with
Vietnam and cement our position as an advocate of human rights in the
realm of international affairs. The bill makes it the policy of the
United States to actively promote democracy and freedom through
educational exchanges, as well as offering refugee resettlement to all
eligible nationals of Vietnam. This bipartisan resolution is a crucial
step toward securing the promotion of freedom, democracy, and a respect
for universal human rights in Vietnam, the United States and the world
as a focal point of United States foreign policy.
I strongly urge my colleagues to join me in supporting this important
legislation.
Mr. WOLF. Mr. Speaker, I rise today in support of H.R. 3096, the
Vietnam Human Rights Act of 2007, a bill which I am pleased to
cosponsor. Introduced by my good friend and colleague, Representative
Chris Smith of New Jersey, a champion of human rights in this House,
this is an important measue which speaks to the deteriorating state of
human rights in Vietnam.
After joining the World Trade Organization in January 2007, the
politburo of the Vietnamese Communist Party (VCP) has carried out a
large-scale brutal campaign of arrest against the nascent movement for
democracy in Vietnam. Ignoring all international criticism and
strenuous protests of the Vietnamese people, inside Vietnam and abroad,
the communist regime in Hanoi has shamefully pushed ahead with its
crackdown. Among others, the following events were particularly
disconcerting to me:
On February 18, 2007, the second day of the Lunar New Year, which is
the most sacred time in Vietnamese culture, the communist security
forces raided Father Nguyen Van Ly's office within the Communal
Residence of the Hue Archdiocese. Father Ly was later banished to a
remote, secluded area in Hue.
On March 8, 2007, Reverend Nguyen Cong Chinch and his wife were
brutally assaulted by security forces of Gia Lai Province in the
Central Highlands, who then arrested Reverend Chinch on undisclosed
charges.
Also on March 8, 2007, two prominent human rights activists and
lawyers, Mr. Nguyen Van Dai and Ms. Le Thi Cong Nhan, were arrested in
Hanoi and were told that they would be detained for four months as part
of an undisclosed investigation.
On March 9, 2007, Mr. Tran Van Hoa, a member of the People's
Democracy Party in Quang Ninh Province, and Mr. Pham Van Troi, a member
of the Committee for Human Rights in Ha Tay, were summoned by security
forces and threatened with ``immeasurable consequences'' if they do not
stop their advocacy for human rights in Vietnam.
Also on March 10, 2007, state security forces also raided the home of
Ms. Tran Khai Thanh Thuy, a writer, on the grounds that she advocated
for ``people with grievances'' against the government. They took away
two computers, two cell phones, and hundreds of appeals that she had
prepared for victims of the government's abuses.
On March 12, 2007, lawyer Le Quoc Quan, a consultant on local
governance for the World Bank, Asian Development Bank, UNDP, and
Swedish International Development Agency, was arrested in his hometown,
Nghe An, less than a week after he returned from a fellowship at the
National Endowment for Democracy in Washington, D.C. His whereabouts
are unknown at this time.
On April 5, 2007, the Vietnamese authorities in Hanoi rudely
prevented Congresswoman Loretta Sanchez (D-CA) from meeting with
several dissidents' wives at a gathering organized at the U.S.
Ambassador's home. The police reportedly used very hostile and
undignified manners to intervene in the meeting.
Furthermore, the Hanoi communist regime is still imprisoning many
political dissidents and labor advocates such as Huynh Nguyen Dao,
Truong Quoc Huy, Nguyen Tan Hoanh, Doan Huu Chuong, and more than 350
lay people of the Protestant churches in the Central Highland.
I share the concerns of the Vietnamese-Americans in my district, as
well as all across the country, who are very angered and distressed by
what they perceive as a new and aggressive plan of the Hanoi government
to reverse the progress of human rights in Vietnam. It seems to me that
the Vietnamese government is conducting this crackdown on advocates of
human rights and religious freedom because it believes that the U.S.
has no further leverage in the region. Now that Vietnam has been
admitted to the WTO, and met with the Holy See, they believe they can
respond in this brutal fashion to supporters of democracy and freedom
and we will not respond.
Throughout my years in Congress, I have worked to foster human rights
and religious freedom throughout the world. I have raised this issue
with U.S. government officials often, especially since this recent
crackdown, in an effort to pressure the Vietnamese government to stop
persecuting its citizens. I believe the State Department should
consider putting Vietnam back on the list of Countries of Particular
Concern if the human rights situation in Vietnam does not improve. I
believe that the State Department is failing the Vietnamese people
struggling for human rights, and is not doing all that it can do to
advocate on behalf of the Vietnamese people. The Vietnamese people
should be able to choose their own leaders through free and fair
elections and to use the Internet freely without censure or
restrictions.
Mr. Speaker, I urge a unanimous vote for passage of this legislation
so that the Vietnamese people will know that the U.S. House of
Representatives stands in support of their freedom.
Mr. SMITH of New Jersey. Mr. Speaker, I yield back the balance of our
time.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from American Samoa (Mr. Faleomavaega) that the House suspend
the rules and pass the bill, H.R. 3096, as amended.
The question was taken.
The SPEAKER pro tempore. In the opinion of the Chair, two-thirds
being in the affirmative, the ayes have it.
Mr. SMITH of New Jersey. Mr. Speaker, on that I demand the yeas and
nays.
The yeas and nays were ordered.
The SPEAKER pro tempore. Pursuant to clause 8 of rule XX and the
Chair's prior announcement, further proceedings on this motion will be
postponed.
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