[Congressional Record Volume 158, Number 121 (Tuesday, September 11, 2012)]
[House]
[Pages H5835-H5842]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
VIETNAM HUMAN RIGHTS ACT OF 2012
Ms. ROS-LEHTINEN. Mr. Speaker, I move to suspend the rules and pass
the bill (H.R. 1410) 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. 1410
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 2012''.
(b) Table of Contents.--The table of contents for this Act
is as follows:
Sec. 1. Short title; table of contents.
Sec. 2. Findings and purpose.
Sec. 3. Prohibition on increased nonhumanitarian assistance to the
Government of Vietnam.
Sec. 4. United States public diplomacy.
Sec. 5. Annual report.
SEC. 2. FINDINGS AND PURPOSE.
(a) Findings.--Congress finds the following:
(1) The relationship between the United States and the
Socialist Republic of Vietnam has grown substantially since
the end of the trade embargo in 1994, with annual trade
between the two countries reaching over $20,000,000,000 in
2011.
(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 basic human
rights for Vietnamese citizens, including freedom of
religion, expression, association, and assembly.
(3) The United States Congress agreed to Vietnam becoming
an official member of the World Trade Organization in 2006,
amidst assurances that the Government of Vietnam 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 Government of Vietnam arbitrarily arrested and
imprisoned numerous individuals for their peaceful advocacy
of religious freedom, democracy, and human rights, including
Father Nguyen Van Ly, human rights lawyers Nguyen Van Dai, Le
Thi Cong Nhan, Cu Huy Ha Vu, and Le Cong Dinh, and bloggers
Nguyen Van Hai and Phan Thanh Hai.
(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.
(9) The Government of Vietnam has also failed to improve
labor rights, continues to arrest and harass labor leaders,
and restricts the right to organize independently.
(10) The Government of Vietnam continues to limit the
freedom of religion, restrict the operations of independent
religious organizations, and persecute believers whose
religious activities the Government regards as a potential
threat to its monopoly on power.
(11) 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.
(12) Unregistered ethnic minority Protestant congregations,
particularly Montagnards in the Central and Northwest
Highlands, suffer severe abuses because of actions by the
Government of Vietnam, which have included forced
renunciations of faith, arrest and harassment, the
withholding of social programs provided for the general
population, confiscation and destruction of property,
subjection to severe beatings, and reported deaths.
(13) There has been a pattern of violent responses by the
Government to peaceful prayer vigils and demonstrations by
Catholics for the return of Government-confiscated church
properties. Protesters have been harassed, beaten, and
detained and church properties have been destroyed. Catholics
also continue to face some restrictions on selection of
clergy, the establishment of seminaries and seminary
candidates, and individual cases of travel and church
registration.
(14) In May 2010 the village of Con Dau, a Catholic parish
in Da Nang, faced escalated violence during a funeral
procession as police attempted to prohibit a religious burial
in the village cemetery; more than 100 villagers were
injured, 62 were arrested, five were tortured, and at least
three died.
(15) The Unified Buddhist Church of Vietnam (UBCV) suffers
persecution as the Government of Vietnam continues to
restrict contacts and movement of senior UBCV clergy for
refusing to join the state-sponsored Buddhist organization,
the Government restricts expression and assembly, and the
Government continues to harass and threaten UBCV monks, nuns,
and youth leaders.
(16) The Government of Vietnam continues to suppress the
activities of other religious adherents, including Cao Dai
and Hoa Hao Buddhists who lack official recognition or have
chosen not to affiliate with the state-sanctioned groups,
including through the use of detention, imprisonment, and
strict Government oversight.
(17) 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, or went into hiding, and that others were killed.
Many of these Montagnards and others are still serving long
sentences for their involvement in peaceful demonstrations in
2001, 2002, 2004, and 2008. Montagnards continue to face
threats, detention, beatings, forced renunciation of faith,
property destruction, restricted movement, and reported
deaths at the hands of Government officials.
(18) 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 activities, some Government officials continue to
deny or ignore additional applications for registration, and
to persecute churches and believers who do not wish to
affiliate with Government-controlled religious entities.
(19) In 2007, the Government of Vietnam arrested, beat, and
defrocked several ethnic Khmer Buddhists in response to a
peaceful religious protest. The Government continues to
restrict Khmer Krom expression, assembly, association, and
controls all religious organizations and prohibits most
peaceful protests.
(20) 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, published, sent, or otherwise distributed democracy-
related materials.
(21) 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.
(22) Vietnam continues to be a source country for the
commercial sexual exploitation and forced labor of women and
girls, as well as for men and women legally entering into
international labor contracts who subsequently face
conditions of debt bondage or forced labor, and is a
destination country for child trafficking and continues to
have internal human trafficking.
[[Page H5836]]
(23) Although the Government of Vietnam reports progress in
combating human trafficking, it does not fully comply with
the minimum standards for the elimination of trafficking, and
is not making substantial efforts to comply.
(24) 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 or, in many cases,
because of such associations by their spouses, parents, or
other family members, as well as other Vietnamese nationals
who have been persecuted because of race, religion,
nationality, political opinion, or membership in a particular
social group.
(25) 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.
(26) The Government of Vietnam holds tens of thousands of
people in government-run drug detention centers and treats
them as slave laborers.
(27) To date, over 60,000 people have signed a petition
calling on the Administration to not expand trade with
communist Vietnam at the expense of human rights.
(28) 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.
(b) Purpose.--The purpose of this Act is to promote the
development of freedom and democracy in Vietnam.
SEC. 3. PROHIBITION ON INCREASED NONHUMANITARIAN ASSISTANCE
TO THE GOVERNMENT OF VIETNAM.
(a) Assistance.--
(1) In general.--Except as provided in subsection (b), the
Federal Government may not provide nonhumanitarian assistance
to the Government of Vietnam during any fiscal year in an
amount that exceeds the amount of such assistance provided
during fiscal year 2011 unless--
(A) the Federal Government provides assistance, in addition
to the assistance authorized under section 4, supporting the
creation and facilitation of human rights training, civil
society capacity building, noncommercial rule of law
programming, and exchange programs between the Vietnamese
National Assembly and the United States Congress at levels
commensurate with, or exceeding, any increases in
nonhumanitarian assistance to Vietnam;
(B) with respect to the limitation for fiscal year 2012,
the President determines and certifies to Congress, not later
than 30 days after the date of the enactment of this Act,
that the requirements of subparagraphs (A) through (G) of
paragraph (2) have been met during the 12-month period ending
on the date of the certification; and
(C) with respect to the limitation for subsequent fiscal
years, the President determines and certifies to Congress, in
the most recent annual report submitted pursuant to section
5, that the requirements of subparagraphs (A) through (G) of
paragraph (2) have been met during the 12-month period
covered by the report.
(2) Requirements.--The requirements of this paragraph are
the following:
(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) The Government of Vietnam has made substantial progress
toward--
(i) respecting the right to freedom of religion, including
the right to participate in religious activities and
institutions without interference, harassment, or involvement
of the Government, for all of Vietnam's diverse religious
communities; and
(ii) returning estates and properties confiscated from the
churches and religious communities.
(C) The Government of Vietnam has made substantial progress
toward respecting the right to freedom of expression,
assembly, and association, including the release of
independent journalists, bloggers, and democracy and labor
activists.
(D) The Government of Vietnam has made substantial progress
toward repealing or revising laws that criminalize peaceful
dissent, independent media, unsanctioned religious activity,
and nonviolent demonstrations and rallies, in accordance with
international standards and treaties to which Vietnam is a
party.
(E) The Government of Vietnam has made substantial progress
toward allowing Vietnamese nationals free and open access to
United States refugee programs.
(F) The Government of Vietnam has made substantial progress
toward respecting the human rights of members of all ethnic
and minority groups.
(G) 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 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) Nonhumanitarian assistance.--The term ``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 environmental remediation of dioxin-
contaminated sites and related health activities;
(iv) assistance to combat severe forms of trafficking in
persons;
(v) assistance to combat pandemic diseases;
(vi) assistance for refugees; and
(vii) 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.
(2) Severe form 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 09386 (114 Stat.
1470); 22 U.S.C. 7102(8)).
(d) Effective Date.--This section shall take effect on the
date of the enactment of this Act and shall apply with
respect to the provision of nonhumanitarian assistance to the
Government of Vietnam during fiscal year 2013 and subsequent
fiscal years.
SEC. 4. UNITED STATES PUBLIC DIPLOMACY.
(a) Radio Free Asia Transmissions to Vietnam.--It is the
sense of Congress that the United States should take measures
to overcome the jamming of Radio Free Asia by the Government
of Vietnam and that the Broadcasting Board of Governors
should not cut staffing, funding, or broadcast hours for the
Vietnamese language services of the Voice of America and
Radio Free Asia, which shall be done without reducing any
other broadcast language services.
(b) United States Educational and Cultural Exchange
Programs With Vietnam.--It is the sense of Congress that any
programs of educational and cultural exchange between the
United States and 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.
SEC. 5. 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) The determination and certification of the President
that the requirements of subparagraphs (A) through (G) of
section 3(a)(2) have been met, if applicable.
(2) Steps taken to carry out section 3(a)(1)(A), if
applicable.
(3) Efforts by the United States Government to promote
access by the Vietnamese people to Radio Free Asia
transmissions.
(4) Efforts to ensure that programs with Vietnam promote
the policy set forth in section 102 of the Human Rights,
Refugee, and Other Foreign Policy Provisions Act of 1996
regarding participation in programs of educational and
cultural exchange.
(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--
[[Page H5837]]
(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 gentlewoman from
Florida (Ms. Ros-Lehtinen) and the gentleman from California (Mr.
Berman) each will control 20 minutes.
The Chair recognizes the gentlewoman from Florida.
General Leave
Ms. ROS-LEHTINEN. Mr. Speaker, I ask unanimous consent that all
Members may have 5 legislative days to revise and extend their remarks
and to insert extraneous materials into the Record on this measure.
The SPEAKER pro tempore. Is there objection to the request of the
gentlewoman from Florida?
There was no objection.
Ms. ROS-LEHTINEN. I yield myself such time as I may consume.
Mr. Speaker, I rise in support of H.R. 1410, the Vietnam Human Rights
Act. The Socialist Republic of Vietnam remains a gross human rights
violator even as its trade with the U.S. grows. The people of Vietnam
continue to be oppressed by their Communist jailers, unable to change
their government or enjoy any semblance of the rule of law. Indeed, the
most recent elections of May 2011 were neither free nor fair. Much like
those living under the ruthless Castro regime in my native Cuba,
Vietnamese citizens are subject to brutal treatment from police,
inhumane prison conditions, and denial of the right to a fair and
speedy trial.
The judicial system is plagued by endemic corruption and
inefficiency, and the Communist government has increasingly limited
privacy rights and freedoms of the press, speech, assembly, movement,
and association. Freedom of religion is subject to interpretation by
Communist authorities, with significant problems occurring at
provincial and village levels.
Violence and discrimination against women, as well as trafficking in
persons, continue to torment the population. The sexual exploitation of
children, as well as hate crimes and discrimination based on ethnicity,
sexual orientation, and HIV/AIDS status, all persist. As is the case
with all Communist regimes, police often act with impunity. Cowardly
hiding this egregious brutality from the civilized world, the Communist
government prohibits independent human rights organizations from
operating within its borders. All of this occurs while the U.S.
continues to broaden trade with the Vietnamese dictators, completing a
Trade and Investment Framework Agreement, or TIFA, in 2007.
We have increased our trade with Vietnam every year and have held a
trade deficit with Vietnam every year since 1997. Mr. Speaker, that is
not the message that we should send to these thugs. We should not
reward this Communist dictatorship until the Government of Vietnam has
made substantial progress respecting political freedoms, media
freedoms, and religion freedoms.
Vietnam must also protect its minorities, give access to U.S. refugee
programs, act to end trafficking in persons, and release its
approximately 4,000 political prisoners.
I urge my colleagues to join me in showing our solidarity and support
for the people of Vietnam by passing this important bill today.
With that, Mr. Speaker, I reserve the balance of my time.
Mr. BERMAN. Mr. Speaker, I rise in support of H.R. 1410, as amended,
and I yield myself such time as I may consume.
I'd like to thank the sponsor of this legislation, Mr. Smith of New
Jersey, and the chairman of the Foreign Affairs Committee, Ms. Ros-
Lehtinen, for their leadership on human rights and on this particular
issue.
Despite Vietnam's transition to a more open economy, political and
religious freedoms for the people of Vietnam remain severely curtailed.
The bilateral relationship between Washington and Hanoi has deepened
since diplomatic ties were established over 15 years ago, but lack of
greater progress in protecting basic rights and civil liberties will
limit closer cooperation in the future.
In a speech last year on the Obama administration's Asia policy,
Secretary of State Hillary Clinton stated:
We have made it clear to Vietnam that if we are to develop
a strategic partnership, as both nations desire, Vietnam must
do more to respect and protect its citizens' rights.
The United States must use both diplomatic and economic leverage with
Vietnam to promote political openness and improve human rights.
{time} 1800
This bill, the Vietnam Human Rights Act of 2011, takes an important
step in the right direction by prohibiting an increase in
nonhumanitarian assistance to Vietnam above fiscal year 2011 levels
unless Hanoi makes significant progress on these critical issues. The
bill makes it clear to Vietnam that the only factor limiting aid is
positive action by the Vietnamese Government on political, human, and
religious rights.
The Government of Vietnam has an important choice to make. Will it
protect human rights and provide religious and political freedom to its
citizens, or will it shirk these responsibilities and forsake the
closer relationship that it wants with the United States?
I urge my colleagues to support this legislation, and I reserve the
balance of my time.
Ms. ROS-LEHTINEN. Mr. Speaker, I'm so pleased to yield 6 minutes to
the gentleman from New Jersey (Mr. Smith), the chairman of the Foreign
Affairs Subcommittee on Africa, Global Health, and Human Rights, who is
the author of this important bill.
Mr. SMITH of New Jersey. Mr. Speaker, I want to thank the
distinguished gentlelady, our good chairwoman, for her leadership on
this important issue and so many human rights issues around the globe.
Thank you, Ileana Ros-Lehtinen for again bringing to the floor a very
important bill and series of bills, many of which are directed at human
rights.
And to Mr. Berman, thank you for your kind comments and your strong
support for this effort to try to bring freedom and hope to the people
of Vietnam--who, while as you pointed out so rightly, have enjoyed some
economic progress, regrettably, political rights, human rights,
fundamental rights have gone in the opposite direction--and so thank
you for that.
I want to thank the original cosponsors of the bill--Mr. Royce, Mr.
Wolf, Ms. Zoe Lofgren, and Ms. Loretta Sanchez--for being original
cosponsors of this legislation, and I hope the membership will roundly
and soundly back its enactment or its passage today.
Mr. Speaker, many of us on both sides of the aisle have been trying
for decades to help the Vietnamese people secure their fundamental
human rights and their democratic institutions. From assisting the boat
people in the 1970s and all of the human rights work that was done to
help so many Vietnamese, individuals who were in reeducation camps and
who were dealt with so severely by the dictatorship in Hanoi, Congress
and the Presidents over the years have tried nobly to assist them, as
have other human rights activists around the world.
As far back as 1996 I sponsored the Human Rights Restoration Act, PL
104-319, which included an important
[[Page H5838]]
provision directing the U.S. Information Agency to take steps to
provide opportunities for human rights and democracy leaders of Vietnam
to come here for educational and cultural exchange programs. We found
that so often it was the communist leaders and their families and
friends who were benefiting from these trips to the United States, not
the people who were the best and the bravest and the brightest of
Vietnam.
I visited Vietnam on several occasions, met with dissidents
throughout the country in Quay, Ho Chi Minh City, as well as Hanoi; met
with pastors--Catholic, Protestant, Evangelicals--and have met with, as
some of my other colleagues have as well, the venerable Thich Quang Do,
who's done a magnificent job speaking up for the Unified Buddhist
Church of Vietnam, which has been outlawed by the dictatorship in
Hanoi.
Regrettably, our efforts, and especially, those heroic efforts by the
women and men in Vietnam itself, have not resulted in respect for
fundamental human rights.
I would note, parenthetically, that Bloc 8406, a great group of
individuals who signed on to this charter of human rights, one by one
have been singled out after signing that charter, believing that an
easing was taking place, signed on. It was just like Vaclav Havel's
Charter 77 and many other great statements made by the East Bloc
countries during the dictatorships of that era. Bloc 8406, that is to
say, April 8, 2006, one by one those individuals have been hunted down,
and many of them have found themselves in prison.
The Africa, Global Health, and Human Rights Subcommittee, which I
chair, heard from witnesses at a hearing earlier this year that the
Vietnamese Government remains an egregious violator of a broad array of
human rights. Their testimony confirmed that religious, political, and
ethnic persecution continue and in many cases is actually increasing,
and that the Vietnamese officials are still laying out the welcome mat
for forced labor and sex traffickers.
For example, we heard from Dr. Nguyen Dinh Thang, the executive
director of Boat People SOS who had recently traveled to Thailand to
investigate human rights trafficking violations and other violations in
Vietnam. Dr. Thang testified that the Government of Vietnam has not
investigated, let alone prosecuted, a single human trafficking
violation by Vietnamese labor export companies, many of which are state
owned. Instead, police have interrogated and threatened victims who
have spoken out against this modern-day slavery.
Almost routinely, according to Dr. Thang--and his information
comports with other information our subcommittee has received--the
Vietnamese Government has sent its officials from Hanoi to trouble
spots, including American Samoa, Jordan, and Malaysia, in order to
silence the victims, take sides with the traffickers, or to impede
justice.
The subcommittee also heard testimony of a Vietnamese woman who
courageously fought for her own rights and those of her coworkers when
they were trafficked to Jordan with the complicity of the Vietnamese
Government officials. In addition, our witnesses provided deeply
disturbing photographs, evidence of torture, and showed a video of the
Vietnamese military destroying an entire village of Hmong Christians.
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.
I would note, Mr. Speaker, that negotiators of the Trans-Pacific
Partnership, which includes Vietnam, are currently meeting in nearby
Leesburg, Virginia. Within the next 2 years, or a year or 2, Congress
will likely be asked to approve a free trade agreement between the U.S.
and Vietnam as part of this initiative. I hope the administration is
using those negotiations to strongly encourage the Vietnamese
Government to finally, at long last, respect human rights.
The SPEAKER pro tempore. The time of the gentleman has expired.
Ms. ROS-LEHTINEN. I yield the gentleman an additional minute.
Mr. SMITH of New Jersey. I thank my colleague.
H.R. 1410 would institute effective measures toward improving human
rights in Vietnam. As reported by our committee, the bill prohibits any
increase in nonhumanitarian assistance to the Government of Vietnam
above fiscal 2011 levels unless the government makes substantial
progress in establishing freedom of religion, releasing political
prisoners, respecting the rights of journalists, and the bill lays out
a whole series of mutually reinforcing steps it must take and the
people it must protect.
The bill does not prevent increased funding for the Vietnamese
Government for certain humanitarian assistance--and I want to
underscore that--such as food, medicine, agent orange remediation, and
activities to combat human trafficking. The freeze on foreign
assistance at 2010 levels can be waived if the President determines
that increased nonhumanitarian aid to Vietnam would promote democracy
and freedom or would otherwise be in the national interest.
Mr. Speaker, we've passed this bill twice in various forms before by
huge majorities. It is time to pass it, and hopefully the Senate will
take it up and get it to President Obama.
Ms. ROS-LEHTINEN. Mr. Speaker, I would like to yield 5 minutes to the
gentleman from California (Mr. Royce), the chairman of our Subcommittee
on Terrorism, Nonproliferation, and Trade of our Committee on Foreign
Affairs.
Mr. ROYCE. Mr. Speaker, I'm an original cosponsor of this bill, H.R.
1410. This is the Vietnam Human Rights Act. And I guess it's no
surprise to a lot of us that have followed what has happened in
Vietnam, it denies its citizens basic human rights.
But here's the problem: The conditions there with respect to abuse of
rule of law are getting worse and worse.
It used to be that we would watch show trials in terms of the
abridgement of rights of the citizens of Vietnam; now they don't even
have the show trials. Now the government just places those dissidents
in police detention, and they do it without alerting the family,
without alerting anyone. And at that point, you just have to say the
rule of law has become nonexistent.
We received a really stark reminder recently. Human rights dissident
Nguyen Quoc Quan was arrested by Vietnamese officials. He had attempted
to enter the country at Ho Chi Minh City's airport, and the charge that
he was held on was terrorism. Terrorism was the original charge.
{time} 1810
He didn't come to Vietnam equipped with guns or explosives. What's
the terrorism charge? Well, he came to Vietnam to meet with other
grassroots organizations committed to peaceful discussions on human
rights inside the country. To the Vietnamese Communist Government,
that's terrorism. That really says it all.
The case of Nguyen Quoc Quan is not an isolated case. His treatment
there has become the rule, not the exception for those who are trying
to push for some modicum of free speech or religious freedom, and so
you have a whole slew of dissidents who are treated like this or even
worse. When I say ``worse,'' I want to give you another example.
It is that of Pastor Nguyen Cong Chinh, a pastor of an outlawed
Mennonite church. He was recently sentenced to 11 years in prison
during a 1-day trial for ``sowing division between the Communist
government and its citizens.'' Now, this treatment is nothing new for
this particular pastor. To date, he has been aggressively interrogated
over 300 times. He has suffered dozens of beatings, and some of us have
seen the photographs of the aftermath of some of those brutal beatings.
He has been forcefully removed from his residence many times and has
been thrown in jail.
That is why it is imperative, my friends, that we pass the Vietnam
Human Rights Act. I think the important point here is that this kind of
action can be an inspiration to the brave dissidents inside Vietnam who
continue to be brutally repressed. Part of this is to provide for
information from Radio Free Asia to better be able to broadcast into
the country, to better be able to shed light on this kind of activity,
to leverage for change, and to
[[Page H5839]]
bring objective news--to bring the truth--to be a surrogate-free radio
station for the Vietnamese people. The spread of democratic values in
Asia, frankly, is critical to our security interests as well.
I, myself, have met with some of the Vietnamese dissidents discussed
here today, and I've been denounced by the Vietnamese Government for
simply meeting with those whose only wish is the freedom to speak their
minds. That tells me that the Vietnamese Government is sensitive to
international criticism and that the United States must continue to
speak out about this issue. I don't think silence is an option for us
in the U.S.
In closing, I want to thank Chairwoman Ros-Lehtinen for her focus on
human rights. I want to thank the author here, Chris Smith, for his
efforts, and Howard Berman, Congressman from California, for his work
on behalf of the Vietnamese people.
Mr. BERMAN. I am very pleased to yield 2 minutes to the gentlelady
from California (Mrs. Davis).
Mrs. DAVIS of California. Thank you.
I rise today to express my strong support for H.R. 1410 and also for
H. Res. 484. This bill and resolution really embody a great concern of
many of my constituents at home as well as of Americans across this
country.
As Americans, we often take for granted the rights and privileges
that are guaranteed to each and every individual in this country. We
can speak out at town halls, and we can protest in front of the Capitol
steps. When all else fails, we can register our votes at the polls to
make our voices heard. Those rights and privileges that we enjoy are
being denied every single day to the people of Vietnam.
So, today, we vote on this bill and this resolution in order to send
a clear message that these abuses will not be tolerated. We must make
it clear that progress needs to be made on these issues before we can
move forward on other issues that are important to both of our
countries, including the issue of trade. Our efforts are aimed at
bringing about a brighter future in Vietnam where citizens are not in
prison for the songs they write and where individuals are not arrested
for carrying books on nonviolent resistance. It's sad, but these remain
to be the facts of life for the people of Vietnam. In the words of one
of my constituents, We can make a difference if we come together.
Let's start by voting ``yes'' on H.R. 1410 and also on the resolution
that we will next be talking about, H. Res. 484.
Ms. ROS-LEHTINEN. I would like to ask Mr. Berman if he has any other
requests for time.
Mr. BERMAN. I have no further requests for time. If the gentlelady is
prepared to close, I am prepared to relinquish my remaining time.
Mr. Speaker, I urge support for the legislation, and I yield back the
balance of my time.
Ms. ROS-LEHTINEN. Mr. Speaker, in closing, our Nation has always
served as a beacon of hope for all who are oppressed and suffer under
regimes such as the one in Vietnam, which has shown a blatant disregard
for fundamental human rights and universal freedoms. We must continue
to serve as such a beacon. We must not waver in our commitment to
standing with the oppressed and not with their oppressors. This bill
serves as an important guidepost in doing that.
The Vietnam regime continues its oppression. On August 5, they
arrested about 30 peaceful demonstrators who were protesting China's
activities in the South China Sea. It included the arrest of an 81-
year-old activist. Also, the threatened trial of three well-known human
rights bloggers has been further postponed, thus extending their unjust
legal limbo.
This human rights legislation is long overdue. It contains a
provision prohibiting an increase in nonhumanitarian assistance to the
Government of Vietnam unless certain human rights benchmarks are met.
Of course, it has a Presidential waiver, but it authorizes the
President to provide assistance through appropriate nongovernmental
organizations and the Human Rights Defenders Fund for the support of
individuals and organizations that are promoting internationally
recognized human rights in Vietnam. This is an American principle. This
should be a universal principle of human rights and respect for
minority rights.
I hope that our colleagues will join us in passing Mr. Smith's bill.
The time for it is long overdue. With that, Mr. Speaker, I yield back
the balance of my time.
Ms. ZOE LOFGREN of California. Mr. Speaker, I rise today in support
of H.R. 1410, the Vietnam Human Rights Act. I am an original co-sponsor
of this legislation, and I thank Mr. Smith for introducing it.
This bill would prohibit any increase in U.S. non-humanitarian aid to
Vietnam until significant progress is made with regard to political and
religious rights for the people of Vietnam, including the release of
political and religious prisoners, and the repeal or revision of laws
that criminalize peaceful dissent and otherwise impede democratic
freedoms.
The human rights situation in Vietnam is dire, and shows no signs of
improvement. Reporters Without Borders ranks Vietnam as 172nd of 179 in
its Press Freedom Index (last in Southeast Asia, and only two spots
above China) and an article in Foreign Policy magazine recently
referred to Vietnam as ``the most repressive country in Southeast
Asia.''
According to the U.S. Commission on International Religious Freedom's
(USCIRF) 2012 Annual Report, ``The government of Vietnam continues to
control all religious communities, restrict and penalize independent
religious practice severely, and repress individuals and groups viewed
as challenging its authority . . . The U.S. government should use its
diplomatic and political resources to advance religious freedom and
related human rights in Vietnam.''
I agree. We need to send a message to the Vietnamese government and
make it clear that we do not condone its repression of free speech and
democracy. I also want to add that on April 17th, the American
democracy activist Nguyen Quoc Quan was arrested in Vietnam and remains
in detention. I urge the Vietnamese government to release Dr. Quan, and
I urge my colleagues to stand up to the Vietnamese government and
support this bill.
Mr. FALEOMAVAEGA. Mr. Speaker, as a Vietnam veteran, I rise in
opposition to H.R. 1410.
In 1967, I was deployed to Vietnam and served my country in Nha
Trang. My brother also served, and has since passed away.
On the matter of human rights, the U.S. cannot assume the moral high
ground when it comes to Vietnam. From 1961 to 1971, the U.S. sprayed
more than 11 million gallons of Agent Orange in Vietnam, subjecting
millions of innocent civilians to dioxin--a toxic known to be one of
the deadliest chemicals made by man. Despite the suffering that has
occurred ever since, there seems to be no real interest on the part of
the U.S. to clean up the mess we left behind.
Instead, we spend our time offering up language like this which fails
to make anything right. While I appreciate that more than 1 million
Vietnamese-Americans still have strong feelings about the Vietnam War,
the fact is it is time for us to rebuild our relationship with Vietnam
just like we did with Germany and Japan after WWII.
Regrettably, H.R. 1410 has an adverse impact on our efforts. H.R.
1410 purports to promote the development of freedom and democracy in
Vietnam but fails in its purpose. As noted by the Congressional
Research Service, ``the bill could chill the recent warming of
bilateral political and security ties and could weaken economic
reformers in ongoing domestic political battles inside Vietnam.''
Put another way, H.R. 1410 is not in the best interest of the United
States or the Vietnamese-American community. H.R. 1410 is shortsighted
in its approach, and contrary to the efforts of the Clinton, Bush, and
Obama Administrations which have sought to strengthen our partnership
with Vietnam.
Long after the Vietnam War, the U.S. is now about the business of
coordinating a multi-country diplomatic push back against Chinese
encroachment in the oil-rich and strategically important South China
Sea. H.R. 1410 is not helpful to our cause.
In conversations with the Department of State, they share my concerns
that measures in H.R. 1410 could adversely affect our security
relationship with Vietnam as well as our ability to work with Vietnam
on trafficking in persons. H.R. 1410 could also greatly reduce our
chances of negotiating a roadmap on human rights.
Moreover, Section 3(a)(2)(G) significantly alters the standard by
which the Government of Vietnam's efforts to combat Trafficking in
Persons (TIP) are measured, and restricts non-humanitarian assistance
to FY2011 levels pending certification in an annual report by the
President of the United States.
The Trafficking Victims Protection Act (TVPA) created a set of
minimum standards to assess a government's efforts to combat
trafficking in persons (TIP). These standards are based on agreed upon
international protocols. H.R. 1410 goes beyond the protocols and holds
the Government of Vietnam to a higher standard.
[[Page H5840]]
By holding the Government of Vietnam to a higher standard that is not
applicable to any other foreign government, or to the U.S. government's
own efforts, the Act would have an adverse impact on our ability to
conduct diplomacy with the Government of Vietnam on improving its anti-
TIP efforts.
So while Vietnam may have work to do on improving its human rights
record, we also have work to do. First and foremost, we need to work on
being fair. We need to work on treating Vietnam the same as we treat
other foreign governments. Simply put, it is wrong to hold Vietnam to a
higher standard than the rest of the world.
Also, let us be clear about the sincere and measurable progress
Vietnam has made. Let us not cherry-pick bits of truth and put forward
old data. H.R. 1410 is based on old data--the same data that has been
put forward over and over again by those who have never served in
Vietnam or visited Vietnam or met with Vietnam's leaders. After serving
in Vietnam in 1967, I returned some 40 years later after becoming
Chairman of the Subcommittee on Asia and the Pacific. All I can say is
the Vietnam I fought against is not the Vietnam I know today.
So, I encourage my colleagues to re-think Vietnam and pursue a path
of cooperation that does not undermine the progress we are making. I
also ask that the Embassy of Vietnam's statement and the following
excerpts from the State Department's International Religious Freedom
Report 2010 be made part of the record.
The Report notes, ``respect for religious freedom and practice
improved in some regards,'' and that ``the government took further
steps to implement its 2004 Ordinance on Religion and Belief and
supplemental decrees on religious policy issued in 2005.'' The report
also recognizes that the Vietnamese ``government also facilitated
construction of new churches, prayer houses, pagodas, and training
facilities for furthering the education of thousands of monks, priests,
nuns, and pastors'' permitting ``the expansion of religious
organizations'' charitable activities.''
The Report also made note of the meeting between President Nguyen
Minh Triet and Pope Benedict XVI at the Vatican. ``Vietnam and the Holy
See agreed to a Vatican appointment of a non-resident Representative
for Vietnam as a first step toward the establishment of full diplomatic
relations.'' The report also states that ``new congregations were
registered in many of the 64 provinces, and one new religious group and
two Protestant denominations received national registration or
recognition.''
``The Catholic Church, Protestant congregations, and other smaller
religious groups reported that their ability to gather and worship
generally improved and that the government allowed registered religious
groups to assign new clergy with limited restrictions. The government
also permitted the Buddhist, Catholic, Cao Dai, Hoa Hao, and Protestant
faiths to hold several historic large-scale religious services
throughout the country, some with over 100,000 participants.''
The State Department also confirmed the Vietnam's Government
assertion that ``some ethnic minorities in the Central Highlands were
operating a self-styled ``Dega Church,'' which reportedly mixed
religious practice with political activism and called for ``ethnic
minority separatism.'' Regarding the Con Dau incident, the report notes
that the arrested six Catholic parishioners ``reportedly started a
physical altercation with police.''
In light of these facts and many more, it is my hope that the U.S.
Senate will disregard H.R. 1410 and put forward an approach that allows
us to strengthen our economic and security ties with Vietnam while
negotiating a roadmap on human rights that is based on accurate
information--not on misinformation intended to topple Vietnam's current
government.
In the U.S. House of Representatives, I hope that the advocates of
H.R. 1410--if they are truly sincere about human rights--will apply
their efforts to assisting Vietnam with Agent Orange clean-up because
the mess we left behind is a serious violation of human rights that
needs to be corrected once and for all.
Embassy of Vietnam to the United States
On religious freedom in Viet Nam
Viet Nam is a country of many faiths, with the presence of major
world religions including Buddhism, Catholicism, Protestantism and
Islam. It has the second largest Catholic community in Southeast Asia.
Approximately 80 percent of the population are religious or spiritual
believers. Of these, 22.3 million are followers of one religion or
another, constituting one fifth of the population. There are 25,000
places of worship in Vietnam.
The government of Viet Nam pursues a consistent policy of respecting
religious freedom and facilitating the practice of religion and faith
by all citizens. Viet Nam attaches importance to the policy of
religious solidarity and concord, ensuring equality and non-
discrimination for all religions. Religious activities are protected by
law but the abuse of religion to provoke hatred, division and conflict
which threatens national security and stability is strictly prohibited.
Religious freedom and protection of religious freedom are provided
for in Viet Nam's laws including the 1992 Constitution (Article 70),
the Civil Code (Article 47), the 1999 Penal Code (Article 129), the
Ordinance on Religion and Belief (``the Ordinance'') and Decree 22/
2005/ND-CP dated 1st March, 2005 providing for implementation of the
Ordinance.
Since the issuance of the Ordinance, religious freedom has been
reinforced throughout the country. Religious life in Viet Nam has seen
strong vitality in recent years, thus contributing significantly to
national development. There are now 4 Buddhist institutes, 32
intermediate Buddhist schools, hundreds of elementary Buddhist courses,
6 Catholic Seminaries and one Protestant Institute of Bible and
Theology in Viet Nam. Thousands of religious dignitaries are trained in
those schools each year, of which 1,177 are engaging in governance,
working as delegates in the National Assembly or People's Councils. The
Evangelical Church of Viet Nam has organized theological courses. A
series of religious websites are being operated by the Viet Nam
Bishops' Council and the Spiritual Council of the Baha'i Community of
Viet Nam. Places of worship have been built throughout the country with
the government's sponsorship. These include the construction of the
Khmer Theravada Buddhist University in Can Tho province and the
expansion of the La Vang Parish in Quang Tri province.
Religious activities in Viet Nam are in full swing now. The 2,555th
Buddhist Vesak Day was observed in many provinces. In May, 2011, a
Vietnamese delegation participated in the United Nations' Vesak Day in
Thailand. The Catholic Church's Jubilee Year in 2011 was prominently
celebrated and its closing ceremony was attended by 1,000 priests,
2,000 clergies and 500,000 parishioners. The celebration was honoured
by the presence of Cardinal Ivan Dias, Head of the Vatican's Missionary
Department, Special Envoy of Pope Benedict XVI.
The year 2011 also marked the 100th anniversary of Protestantism in
Viet Nam. Big celebrations were held in Ha Noi, Da Nang and Ho Chi Minh
City, attended by Protestants from all provinces and cities.
Local authorities have made important contributions to these
achievements of Vietnamese religious communities. However, progress has
been slower in certain more distant areas of Vietnam due to poverty,
low level of socio-economic development and geographical disadvantages.
This is particularly true in mountainous and border provinces. In
addition, the educational level and training of some local officials
have been limited, making it more difficult for them to full realize
our policy.
Recognition and registration of religious organisations
The registration of religious activities and the recognition of the
legal entity of new religious organisations are the basis for religious
organisations and congregations to be protected by law, rather than an
administrative measure to hinder religious freedom and belief.
Eligibility for legal recognition of a religious organization or
congregation is clearly stipulated in the 2004 Ordinance on Religion
and Belief.
To date, the State has recognized 18 religious organisations
representing 9 religions, of which 6 are new ones. These include
Baha'i, Tu An Hieu Nghia (Four Debts of Gratitude), Buu Son Ky Huong,
The Pure Land Buddhist Home-Practice Association, Minh Su and Minh Ly.
Seven other Protestant denominations also achieved recognition,
bringing the total number of recognized religious organisations in Viet
Nam up to 34. Prior to the introduction of the Ordinance, only 16
organisations representing 6 religions were recognized by our
government.
Registration of Protestant groups has shown a particular increase:
Upon the issuance and implementation of the Ordinance on Religion
(2004) and Directive No. 01 on Protestantism, Protestantism has grown
exponentially in Viet Nam in terms of the number of followers,
congregations as well as the diversity of worship practices. In 2011,
the number of Protestants in Viet Nam was roughly 1.17 million people,
of which 110 thousand lived in the northwest region of Viet Nam, 360
thousand in the Central Highlands, and the remaining 700 thousand
throughout the country. The number of registered places of worship has
increased to over 1,700 groups and congregations (in the northwest: 258
groups, in the Central Highlands: 1,284 groups and 189 congregations).
The government has organized 8 conferences to do outreach about our
policies and laws concerning Protestantism to 1,600 participants who
are the leaders of places of worship.
[[Page H5841]]
PROTESTANT REGISTRATION DATA (AS OF DECEMBER 2011)
------------------------------------------------------------------------
2009 2010 2011
------------------------------------------------------------------------
Central Highlands
1. Number of congregations of the 164 178 189
General Confederation of
Evangelical Churches of Vietnam
(Southern) and United World
Mission...........................
2. Land right and church building 50 60 80
licenses (including church and
land).............................
3. Number of groups registered..... ......... 1210 1284
4. Appointments of pastors......... 325 336 NA
North West
1. Number of groups registered..... 208 247 258
------------------------------------------------------------------------
The registration of Protestant groups in the northwest region is
making slow progress mainly due to socio-economic conditions in the
local areas, which are the most disadvantaged regions in the country,
with treacherous terrain, frequent natural disasters, and local social
practices which hamper development. During the past period, the
government of Viet Nam has invested in many projects and programs to
promote economic, cultural and educational development in these
regions. However, many difficulties remain in these regions. In
addition, cultural conflicts between Protestantism and communities
affiliated to other religions and faiths in this area need some time to
be resolved.
In the near future, related ministries, agencies and localities will
coordinate with each other to promote religious expression and ensure
effective implementation of the Ordinance on Religion and the Prime
Minister's Directive 01 on Evangelicalism in these regions.
Publication of the Bible in Latin--H'Mong language: The government
has always paid attention to and facilitated the religious activities
of national minority followers, including the publication of bilingual
Bibles: Viet--Bahnar, Viet--Ede, Viet--Jarai. For the Bible in the
H'Mong language, there are two types of H'Mong script, of which the
traditional script has been stipulated by law as the sole script
allowed in publications. Thus, the publishing the Bible in the H'Mong
script will require resolution of this legal issue, as well as the
consideration of a professional board from the Ministry of Education.
Relevant Vietnamese agencies will continue to work together to expedite
this project.
Resolution of land issues relating to religions
The right to ownership of land is clearly stipulated in the
Constitution and other laws of Viet Nam. The land belongs to the whole
people. The State represents this ownership right and exercises unified
management over the land. Thus, in Viet Nam, there is no private
ownership of land. The State acts as the representative of the people
in arranging and managing land use according to the legitimate needs of
individuals and organisations.
The issue of land in Viet Nam is very complex since the country has
experienced many ordeals stemming from history. Resolution No. 2312003/
QH11 of the National Assembly, dated November 26th 2003 affirms: ``The
State does not recognize any claims to take back lands that have been
managed and put into use by the State. Thus, claims to take back lands,
including lands which may have been historically used for religious
practices, are not consistent with our law.
For religion-related lands which are now are being managed or
allocated by State to the agencies/organisations, the latter must use
the lands in full conformity with stipulated purpose and in an
effective manner in order not to have any negative impact on the
feelings of religious followers (Directive No. 1940/CT-TTg of the Prime
Minister dated December 31st, 2008).
In the event that religious organisations have legitimate need for
additional land or housing for religious purposes, the government may
consider allocating appropriate areas for them. The consideration of
land allocation for religious organisations must comply with the law
and regulations.
Recently, the government has allocated large areas of land for
religious organisations to use for religious purposes. For instance, Ho
Chi Minh City has allocated over 10,000 m\2\ to the Southern
Evangelical Church of Vietnam for construction of the Evangelical
Institute for Bible and Theology. Similarly, Dak Lak province allocated
over 11,000 m\2\ for the construction of the Archbishopric of Buon Ma
Thuot. Da Nang City also allocated over 9,000 m\2\ for the Da Nang
Archbishopric. Quang Tri province re-allocated 20 hectares of the
Shrine of the Lady of La Vang to the La Vang Parish. Likewise, Ha Noi
City has recently allocated land for the Viet Nam Buddhist Association
to build a Buddhism University.
Religious organisations and charitable activities
The government pursues a policy of facilitating and encouraging
religious organisations' participation in philanthropic works in
accordance with the law (Article 33 of the Ordinance on Religion). Many
religious organisations in Viet Nam are very active in social and
charitable activities such as free medical checkup and medical
treatment, care for children in particularly difficult circumstances,
and people living with HIV. Many religious officials have taken part in
fundraising campaigns for natural disaster relief.
There are more than 80 religion-related international NGOs in Viet
Nam.
Ensuring equality and non-discrimination among religions
Vietnamese law provides that ``all religions are equal before the
law.'' Missionary activities of religious groups are carried out
customarily, according to Vietnamese law, without any discrimination.
The policy and law of Viet Nam guarantees equality among all citizens
as a principle, regardless of their sex, religion, race or age. All
citizens have the right to nominate themselves and, if elected,
participate in the administration and leadership of society. In fact, a
number of the current members of the National Assembly are
representatives from different religions (19 religious followers and
officials were nominated for the 13th National Assembly, 8 of whom were
elected, 2 more than the 12th National Assembly). Many religious
followers and officials are now members of the Viet Nam Fatherland
Front or hold leadership positions in the government at every level.
The handling of cases involving religious believers
Vietnamese law clearly states that no person may be arrested,
imprisoned or sanctioned in any manner because of their exercise of
their religious or spiritual beliefs. However, as in every country,
those who commit crimes that violate the law cannot hide behind their
religious affiliation to avoid the legal process. Those individuals are
not subject to litigation because of their religious affiliation but
because of their violation of the law that every Vietnamese citizen is
expected to abide by. Their cases are handled in accordance with
Vietnamese law in a country which follows the rule of law.
Below is some information on some specific cases:
Nguyen Van Ly: On March 30, 2007, the People's Court of Thua Thien
Hue province sentenced Nguyen Van Ly to 8 years of imprisonment and 5
years of probation (according to Article 88 of the Penal Code). While
serving his sentence, Nguyen Van Ly was put in a separate cell with
access to TV, newspapers, religious materials, and provided with
nutritious food and healthcare. His family and representatives of the
Hue Archbishopric and Ambassadors of the U.S., Canada and the U.S.
Commission on International Religious Freedom were allowed to visit
him.
In March 2010, due to the condition of Nguyen Van Ly and our
humanitarian approach, his imprisonment was suspended for 12 months
starting on March 15, 2010. During the suspension, Ly continued to
conduct provocative activities violating the law and disturbing order
in his hometown. After that period, health improved and Nguyen Van Ly
and his family did not file a request for further suspension. Thus, on
July 25, 2011, he was sent back to prison to continue serving his
sentence in accordance with Viet Nam's law on execution of court
judgements.
After his return to prison, his sister Nguyen Thi Hieu, his nephew
Nguyen Cong Hoang and representatives of the U.S., Canadian and
Australian Embassies have visited him at Nam Ha prison. At this moment,
his health is stable and he is living in good conditions and receiving
the same treatment as other inmates, according to Vietnamese law.
Thich Quang Do: During the movement for the unification of Vietnamese
Buddhism in 1981, while all other Buddhist organisations and
denominations in the country came together in common purpose, the An
Quang sect under the Viet Nam Unified Buddhist Church led by Thich
Huyen Quang and Thich Quang Do failed to reach an agreement with other
Buddhists.
In following years, Thich Huyen Quang and Thich Quang Do continued to
act against the government by organizing their followers in an attempt
to restore the Viet Nam Unified Buddhist Church. Thich Quang Do's
activities have been supported by the Viet Nam Unified Buddhist groups
in exile, who designated him as the Head of the ``Institute for the
Dissemination of the Dharma''. Worse than that, Thich Quang Do and the
so-called ``Viet Nam Unified Buddhist Church'' do not cease to distort
the policies of the State of Viet Nam and continue to engage in
provocative acts to undermine national unity and religious solidarity.
Thai Ha: In November 2011, some extremist clergymen from the Christ's
Redemption branch of Thai Ha Parish took advantage of a land dispute to
spread false and malicious slander against the government and incite
people to gather, riot and trespassed in order to try to illegally take
over the land. However the local authorities have been in full
compliance with the law in designating the land for the construction of
a drainage system for Dong Da Hospital in order to protect and keep the
environment clean.
In early December 2011, some followers and priests of the Thai Ha
Parish gathered in front of the Ha Noi People's Committee to submit a
petition. They were sent to the place
[[Page H5842]]
designated for submitting petitions and returned home that same day.
However, some people falsely characterized and distorted what happened,
claiming that the government suppressed and detained the petitioners.
At present, the land-related petition of the Thai Ha Parish is being
handled by the responsible agency according to the law.
Muong Nhe: In late April and early May 2011, in the Muong Nhe
district of Dien Bien province, some H'Mong extremists deceived,
incited, displaced and even forced a number of H'Mong people from
several localities to move to some villages in the Muong Nhe district
of Dien Bien province. The extremists then called for the establishment
of a H'Mong kingdom, to secede from Viet Nam Attempting to foment
secession from the Vietnamese nation violates Vietnam's law and causes
other threats to law and order. The actions of these extremists also
negatively affected the people's lives and livelihood. Due to the bad
weather and bad living conditions at the place where the extremists
took people, some got sick and one child died.
After the bad experiences suffered by those tricked into following
the extremists, the authorities and people's mass organisations in
Muong Nhe district were easily able to explain to people how they were
misled by the unscrupulous secessionists. The people returned home
voluntarily, with local authorities providing them with transportation,
food, medication and financial support to help in their resettlement.
Only the extremists who broke the law were detained. Those who failed
to ignite a split among our people have now spread false and malicious
rumours about fighting between the army and demonstrators claiming
`many are wounded and dead'. Nothing could be further from the truth.
Now that the people are back in their homes, peace and order has been
restored.
In spite of economic difficulties, the Vietnamese government always
cares about and supports people in mountainous and remote areas,
including the H'Mong people. The government goes to great lengths to
help stabilise their lives through socio-economic development
programmes and poverty reduction projects as well as promoting their
indigenous cultures and languages. In future, the Vietnamese government
will continue to promote and fund programmes in housing, healthcare,
education and development of production and infrastructure.
Viet Nam has facilitated the travel of foreign press, foreign
diplomatic missions (including the U.S. Embassy, EU Delegation and
Norwegian embassy) and international media to Muong Nhe to cover the
news and learn about the reality there.
Cau Ram Parish: The current Cua Nam garden in Cua Nam ward of Vinh
City was formerly the old Cau Ram church. This church was completely
destroyed by U.S. bombing. At that time, the authorities of Nghe An
allowed Cau Ram parish to build a new church on another plot of land,
where the church still stands today. The former site of the church was
allocated by the Nghe An People's Committee to the Vinh City People's
Committee for the development of a public garden to provide 8 green
space to city residents. Since the Cau Ram parish received land for its
church to replace the site that was destroyed by U.S. bombs and its
former site is now zoned for use as a public park, the request for the
return of the former site is groundless.
Local authorities have handled the Cau Ram parish's and parishioners'
request in accordance with the law. The Nghe An People's Committee sent
an official note to the officials in charge of the Vinh diocese and Cau
Ram parish responding to the proposal made by the Cau Ram parish,
making clear the government's policy regarding use of public lands.
Public opinion also supports the use of the land as a garden. The
People's Committee collected public opinion in the newspapers regarding
the location for a Martyrs' Memorial, and propose Cua Nam garden as one
of 5 possible locations. However, the Nghe An People's Committee did
not selected Cua Nam Garden as the place to build the Martyrs' Memorial
On August 17, 2011, the Cau Ram parish held a meeting to sum up its
theological works and reward young parishioners. They then made a
procession from Cau Ram church to Yen Dai Parish to attend a mass for
the Blessed Virgin. As the procession went on, some parishioners
violated traffic rules, causing public disorder. Following the mass,
parishioners dispersed voluntarily. There was no such thing as building
the Martyrs' Memorial as given in some news. No one was arrested or
detained.
Con Dau: In Con Dau an urban planning project was implemented--a
project that had been announced in advance and discussed with the
public and was supported by most households, both religious and non-
religious, in the area. To assure harmony, Catholic households who lost
land due to eminent domain were given increased compensation by the Da
Nang authorities. Despite the fact that this project was carried out in
accordance with all laws and regulations, some persons with malicious
intentions took advantage of a Christian funeral to incite people and
cause chaos, cynically attempting to turn a sacred religious ceremony
into a place to vent their hostility.
Ky Dong: In the past, the Redemptorist Church donated the house at
No. 8 Ba Huyen Thanh Quan Street, which was just in front the house at
No. 38 Ky Dong, District 3, Ho Chi Minh City, to the government to turn
it into a school. Now the school has been renovated and has become
`Pre-school No. 9'. The Redemptorist Church would like to now change
its mind and has asked for the building back. However, as the transfer
was voluntary and accomplished in accordance with Vietnamese law and
the building is now properly being used as a school for the education
of the children of the district, the church has no legal or other claim
as to the site.
Conclusion
Vietnam is a diverse country of many nationalities, cultures and
religions. We treasure this diversity, including the many religions and
faiths that arise from our history and shape our future. In recent
years, our laws have developed in parallel with our commitment to
freedom of religious expression and worship. As is the case with every
country, not every law is always perfectly applied in practice in every
instance. However Viet Nam aspires and is working to apply our laws in
keeping with our policy of guaranteeing religious rights to our people.
The SPEAKER pro tempore. The question is on the motion offered by the
gentlewoman from Florida (Ms. Ros-Lehtinen) that the House suspend the
rules and pass the bill, H.R. 1410, as amended.
The question was taken; and (two-thirds being in the affirmative) the
rules were suspended and the bill, as amended, was passed.
A motion to reconsider was laid on the table.
____________________