[Congressional Record Volume 158, Number 121 (Tuesday, September 11, 2012)]
[House]
[Pages H5844-H5846]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
CALLING ON VIETNAM TO RESPECT BASIC HUMAN RIGHTS AND CEASE ABUSING
VAGUE NATIONAL SECURITY PROVISIONS
Ms. ROS-LEHTINEN. Mr. Speaker, I move to suspend the rules and agree
to the resolution (H. Res. 484) calling on the Government of the
Socialist Republic of Vietnam to respect basic human rights and cease
abusing vague national security provisions such as articles 79 and 88
of the Vietnamese penal code, which are often the pretext to arrest and
detain citizens who peacefully advocate for religious and political
freedom, as amended.
The Clerk read the title of the resolution.
The text of the resolution is as follows:
H. Res. 484
Whereas article 79, which penalizes ``carrying out
activities aimed at overthrowing the people's
administration'', carries a maximum penalty of death and is
used by the Government of the Socialist Republic of Vietnam
to crack down on citizens advocating for political pluralism
or associating with prodemocracy parties, including--
(1) Le Cong Dinh, Tran Huynh Duy Thuc, Nguyen Tien Trung,
Le Thang Long, and Tran Anh Kim arrested in 2009;
(2) Cao Van Tinh, Duong Kim Khai, Nguyen Chi Thanh, Nguyen
Thanh Tam, Pham Minh Hoang, Pham Ngoc Hoa, Pham Van Thong,
and Tran Thi Thuy arrested in 2010; and
(3) Dang Xuan Dieu, Ho Duc Hoa, Ho Van Oanh, Nguyen Dinh
Cuong, Nguyen Van Duyet, Nguyen Van Oai, Nguyen Xuan Anh,
Nong Hung Anh, Paulus Le Son, Thai Van Dung, and Tran Minh
Nhat arrested during the summer of 2011;
Whereas article 88, which penalizes ``conducting propaganda
against the State'', carries a maximum sentence of 12 years
imprisonment and is used by the Government of Vietnam to
detain writers and bloggers, including--
(1) Father Nguyen Van Ly, Nguyen Phong, and Tran Quoc Hien
arrested in 2007;
(2) Nguyen Van Hai (``Dieu Cay''), Nguyen Xuan Nghia, Pham
Thanh Nghien, and Pham Van Troi arrested in 2008;
(3) Cu Huy Ha Vu, Phan Thanh Hai, and Vi Duc Hoi arrested
in 2010; and
(4) Chu Manh Son, Dinh Dang Dinh, Dinh Van Nhuong, Do Van
Hoa, Hoang Phong, Lu Van Bay, Nguyen Kim Nhan, Ta Phong Tan,
Tran Huu Duc, and Viet Khang arrested in 2011;
Whereas Vietnam is a signatory to the Universal Declaration
of Human Rights and the International Covenant on Civil and
Political Rights; and
Whereas closer economic and security ties between the
United States and Vietnam are ultimately contingent on the
Government of Vietnam's respect for basic freedoms: Now,
therefore, be it
Resolved, That the House of Representatives--
(1) condemns the continued and worsening crackdown in the
Socialist Republic of Vietnam against community organizers,
bloggers, and democracy activists;
(2) calls on the Government of Vietnam to repeal articles
79 and 88 of the Vietnamese penal code and similar vague
national security measures used to persecute peaceful
political opposition and dissent;
(3) calls on the Government of Vietnam to release all
political prisoners, especially all activists, writers, and
bloggers who have been detained or sentenced under articles
79 and 88 of the Vietnamese penal code; and
(4) urges the United States Department of State to monitor
rule of law developments in Vietnam, to help ensure that
Vietnamese laws are administered in ways that are consistent
with Vietnam's international human rights commitments.
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 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 material into the Record on this measure.
The SPEAKER pro tempore. Is there objection to the request of the
gentlewoman from Florida?
[[Page H5845]]
There was no objection.
Ms. ROS-LEHTINEN. I yield myself such time as I may consume.
Mr. Speaker, I rise in strong support of House Resolution 484, a
bipartisan resolution of Loretta Sanchez, a bill of which I am a
cosponsor.
This resolution calls on the Vietnamese authorities to ``respect
basic human rights and cease abusing vague national security provisions
such as articles 79 and 88 of the Vietnamese penal code.'' These
draconian legal measures are often used to arrest and detain citizens
who peacefully advocate for political and religious freedom.
When the Bush administration signed the bilateral trade agreement
with Vietnam in the year 2006, which paved the way for Vietnam joining
the World Trade Organization the next year, the Congress was assured
that trade liberalization with Hanoi would lead, inevitably, to
political liberalization.
This proved, however, to be as spurious a promise as one made by the
Clinton administration, which vowed that the liberalization of trade
would open the door to democracy and human rights in China. The siren
song that trade is the panacea for ending totalitarian oppression is
directly contradicted by reports of deteriorating human rights
conditions in both Vietnam and China.
As Hanoi comes increasingly to Washington seeking strategic support
for its dispute with the Chinese in the South China Sea, one can only
ask, why are we not using Hanoi's concerns in the South China Sea as
leverage to win greater concessions on the dismal human rights
conditions in Vietnam?
Why would we even consider helping Vietnam against Chinese bullying
as long as Hanoi holds behind bars United States citizen Dr. Quan. Dr.
Quan is a mathematician, and he has been detained in Vietnam since he
returned there for a family visit in April.
This resolution spells out in great detail how Hanoi makes use of the
security provisions contained in articles 79 and 88 to continue to
detain such noted democracy advocates as Father Ly.
Article 88's provision regarding propaganda against the State gives
Hanoi great leeway in detaining and imprisoning human rights activists,
writers, those who advocate for democracy, journalists, Internet
bloggers, the list goes on.
The repeal of articles 79 and 88, and the release of all political
prisoners, as called for in this important resolution, would represent
first steps away from the continued totalitarian oppression of the
Vietnamese regime. Our State Department should not put concern for
human rights and the protection of the rights of U.S. citizens on a
back burner while we pursue commercial and strategic opportunities with
the leaders in Hanoi.
We in Washington must be of one voice in strongly condemning the
continuing crackdown on human rights and democracy in Vietnam. We
should also remember that without the rule of law, it is not only
democracy advocates who are put at risk, but also those whose special
contracts will prove to be worthless pieces of paper.
Therefore, Mr. Speaker, I urge my colleagues to give their strong and
unwavering support for this resolution.
With that, I reserve the balance of my time.
Mr. BERMAN. Mr. Speaker, I rise in support of H. Res. 484, as
amended, and I yield myself such time as I may consume.
First, I want to thank the sponsor of the legislation, the
gentlewoman from California (Ms. Loretta Sanchez). For her entire time
in this Congress she has been a passionate and eloquent spokesperson on
behalf of the Vietnamese people and their right to have their
political, individual, and religious rights. The same goes for the
chair of the Foreign Affairs Committee, Ms. Ros-Lehtinen, who in all
human rights issues has been a true congressional leader.
This resolution calls on Vietnam's government to respect basic human
rights for its people and to stop using vague national security laws as
a pretext to arrest and detain citizens who peacefully advocate for
religious and political freedom. This resolution demonstrates America's
commitment to human rights, democracy, and the rule of law by calling
on the Government of Vietnam to release all political prisoners,
including activists, writers, and bloggers, who have been unfairly
detained or sentenced. The names of over 40 of these political
dissidents and activists who were peacefully expressing their views and
posed no threat to Vietnam's national security are included in this
resolution.
Vietnam must stop criminalizing free speech and peaceful political
activism and begin upholding the universal declaration of human rights
and the international covenant on civil and political rights to which
it is a signatory.
As ties between the U.S. and Vietnam continue to develop and mature,
Hanoi must understand that respect for the universal principles of
democracy, freedom, and human rights remains a central part of our
bilateral relationship. And more progress in these areas is needed
before, as we have said before, that relationship can be taken to the
next level. I urge my colleagues to support this resolution.
I reserve the balance of my time.
Ms. ROS-LEHTINEN. Mr. Speaker, I yield 1 minute to my good friend
from California (Mr. Royce), the chairman of the House Committee on
Foreign Affairs Subcommittee on Terrorism, Nonproliferation, and Trade.
{time} 1840
Mr. ROYCE. Mr. Speaker, I rise in support. As Human Rights Watch
noted, last year saw a steady stream of political trials and arrests,
likely spurred, in part, by Vietnamese Government concerns that the
pro-democracy Arab Spring movement might reach Asia.
As they explained, there's at least 24 convictions right now under
article 79 and article 88 of the penal code that have been handed down.
Hence the need for this resolution to pass this Chamber. We should all
support it.
Mr. BERMAN. I am pleased to yield such time as she may consume to the
sponsor of this resolution, the gentlelady from California (Ms. Loretta
Sanchez).
Ms. LORETTA SANCHEZ of California. Thank you to Chairwoman Ros-
Lehtinen and to Ranking Member Berman and to the committee for bringing
this resolution to the House floor.
Mr. Speaker, Dr. Nguyen Quoc Quan is a democracy activist, and he's
also a member of a democracy activist organization here called Viet
Tan. On April 17 of this year, an American citizen--yes, Dr. Nguyen is
an American citizen--was arrested at Saigon Airport by the Vietnamese
authorities, and he was charged with terrorism for 4 months for
possessing educational documents on leadership skills and on nonviolent
political activism. How can possession of educational documents be
considered terrorism?
Last month, the Vietnamese Government decided to change Dr. Nguyen's
crime from terrorism to subversion, despite having no grounds for
either one of those two things. Democracy activists such as Paulus Le
Son, Ho Duc Hoa, Dan Xuan Dieu all have been detained under article 79,
which penalizes ``carrying out activities aimed at overthrowing the
people's administration.'' When you're charged with article 79 in
Vietnam, it carries a maximum of the death penalty.
Father Nguyen Van Ly; Nguyen Van Hai, more commonly known as blogger
Dieu Cay; and Phan Thanh Hai are all charged, for example, with article
88, which penalizes conducting propaganda against the state. And that
carries a maximum sentence of 12 years.
So what does House Resolution 484 do? It addresses these very vague
national security provisions, and it calls on the Government of Vietnam
to cease abusing provisions such as articles 79 and 88. Using those
articles to arrest peaceful democracy advocates, I believe, is blatant
human rights violations. Vietnam is a signatory to the Universal
Declaration of Human Rights and the International Covenant on Civil
Rights and Political Rights. However, Vietnam has yet to become a
responsible member of the international community. Consistently, the
Vietnamese Government has denied its citizens the freedoms of religion,
of opinion, of speech, of assembly, of the right to counsel, of a fair
trial. How does this government expect to gain the respect of the
international community when they refuse to treat their citizens with
the same respect?
House Resolution 484 condemns the Government of Vietnam for its
continued crackdown against democracy activists and calls on Vietnam to
repeal
[[Page H5846]]
articles 79 and 88. It also calls for release of all political
prisoners, writers, and bloggers that the only thing they've asked is
to have a more open process, to have some civil rights, to have some
human rights, to be able to discuss with each other a new way forward.
As Americans, we pride ourselves on being a country that stands by
freedom, by liberty, and by justice. And as Members of this United
States Congress, we have a responsibility. Other countries are watching
us. We have a responsibility to stand up and to take steps and to say
enough is enough.
As the Government of Vietnam continues to criminalize individual
rights, as it criminalizes basic freedoms, I believe this is an
indication that Vietnam is not interested in being a responsible member
of the international community. We, the United States, need to examine
our economic and our military relationships with Vietnam. We must
insist on changes to human rights in that country.
I urge my colleagues to vote for House Resolution 484 to protect the
rights and the freedoms of the citizens of Vietnam; and in doing so, we
protect the rights and freedoms of every citizen in this world.
Ms. ROS-LEHTINEN. Mr. Speaker, I continue to reserve the balance of
my time.
Mr. BERMAN. Mr. Speaker, I have no further requests for time, and I'm
prepared, if you're prepared to close, to yield back the balance of my
time, and I will yield back the balance of my time.
Ms. ROS-LEHTINEN. Just in closing, I would hope some of these
impassioned speakers on behalf of respect for human rights, democracy,
and the rule of law for the people of Vietnam, as meritorious as they
are, I hope that they're extended to my native homeland of Cuba as
well. May we hear those voices on the House floor calling for those
same characteristics for the people of Cuba.
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. Res. 484. I am proud to cosponsor this important resolution
introduced by my good friend, fellow Californian, and co-chair of the
Vietnam Caucus, Representative Loretta Sanchez. This resolution calls
on the Government of the Socialist Republic of Vietnam to respect basic
human rights and to stop abusing vague national security provisions
such as articles 79 and 88 of the Vietnamese penal code, articles which
are frequently cited as the justification for the arrest and detention
of citizens who peacefully advocate for religious and political
freedom.
The use of these draconian laws to silence opposition and maintain
one-party control is unacceptable and should not be tolerated. I
strongly urge my colleagues to support this resolution, and to speak
out for the activists whose voices have been silenced by the repressive
regime in Vietnam.
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 agree to the resolution, H. Res. 484, as amended.
The question was taken; and (two-thirds being in the affirmative) the
rules were suspended and the resolution, as amended, was agreed to.
A motion to reconsider was laid on the table.
____________________