[Congressional Record (Bound Edition), Volume 158 (2012), Part 10]
[House]
[Pages 13658-13660]
[From the U.S. 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.


[[Page 13659]]


  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 material 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 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.

[[Page 13660]]

  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 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.

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