Observatory for the Protection of Human Rights Defenders Annual Report 2009 - Vietnam

Political context

Viet Nam in 2008 was characterised by the Government's two diametrically-opposed policies: on the one hand, relentless and systematic repression of human rights defenders and all dissenting voices and, on the other, a show of openness for the benefit of the international community to enhance Viet Nam's economic and political standing. This was not unlike the approach taken by the Vietnamese Government in 2006 when it made a number of requests to the international community, including the request to join the World Trade Organisation (WTO) and to be removed from the US list of "Countries of Particular Concern" (CPCs) with respect to religious freedom. After being granted both requests, the Vietnamese Government launched in 2007 a harsh campaign of repression against dissidents and human rights defenders. In 2008, this policy of repression continued, whilst at the same time the Government tried to defuse international criticisms of its human rights record, particularly to avoid being put back on the US blacklist of CPCs. In May 2008, however, the US Commission on International Religious Freedom (USCIRF) recommended that Viet Nam be designated once again a CPC.

As in 2007, the Government continued to use laws and decrees as an instrument of repression. Most notable are the provisions of the Criminal Code on crimes against "national security" and "espionage", which provide for heavy penalties, including in certain cases the death penalty. The United Nations has expressed concern on a number of occasions that critics of the Government could be sentenced to death under these provisions simply for exercising their right to freedom of expression. These vague and imprecise provisions make no distinction between non-violent acts – such as the peaceful exercise of freedom of expression – and violent actions – such as terrorism. Despite strong recommendations by the UN Special Rapporteur on Religious Intolerance (1998) and the UN Human Rights Committee (2002), the Government continued to rely on these provisions, which criminalise dissent and freedom of expression, as well as on decrees and ordinances restricting assembly and religious activities to silence its critics and others it perceives as a threat to its authority.¹ As a result, defending human rights remained construed by the authorities as a violation of the law.

In 2008, the Government also continued to control most religious organisations and restrict their activities through the process of requiring official recognition, pursuant to the 2004 Ordinance on Beliefs and Religion. Independent religious activity remained illegal, and the Government clamped down on peaceful assembly and freedom of expression exercised by religious leaders, who continued to be active advocates for legal and political reform and, as a result, were seen as attempting to destabilise the Government and as such as a threat to national security. Members of Hoa Hoa, Cao Dai and Khmer Buddhist religious communities, the Unified Buddhist Church of Viet Nam (UBCV) and Catholic and Protestant leaders were all subjected to discrimination, restrictions and repression. The systematic repression and abuses committed against these religious communities were repeatedly condemned by the international community² and Viet Nam was once again on the USCIRF's radar for re-designation as a CPC.³

Harassment of journalists reporting on corruption or calling for democracy

In 2008, there was still no independent media in Viet Nam, and restrictions placed upon journalists remained widespread. Similar restrictions were used to control the Internet, a fast-growing sector in Viet Nam. On December 2, 2008, the Government announced that new rules would be issued to regulate blogging, thus placing further restrictions on freedom of expression.

Despite the Government's claim to be tough on corruption and on embezzlement of public funds, in 2008 journalists who reported on corruption were the targets of retaliation and intimidation. This frequently took the form of arrests and detentions on the grounds of "abusing democratic freedoms to infringe upon the interests of the State", pursuant to Article 258 of the Criminal Code. For example, two journalists of the State-controlled press, Mr. Nguyen Van Hai, reporter for Tuoi Tre (Youth Magazine), and Mr. Nguyen Viet Chien, journalist for Thanh Nien (Young People), were arrested on May 12, 2008 and charged with "inaccurate reporting and abuse of power". Both journalists had brought to light a major corruption scandal at Viet Nam's Transport Ministry involving several high-ranking Communist officials who had embezzled millions of dollars from the Ministry to bet on European football matches. This had resulted in the arrest of the Vice-Minister for Transport, Mr. Nguyen Viet Tien, who was later released for lack of evidence. On October 15, 2008, the two men were found guilty of "abusing democratic freedoms to infringe upon the interests of the State". Mr. Nguyen Van Hai was sentenced to two years' imprisonment, whilst Mr. Nguyen Viet Chien was sentenced to two years of reeducation, suspended for time already served, after he pleaded guilty.⁴ Two months later, the Editors of Thanh Nien and Tuoi Tre were fired without any explanation. On July 18, 2008, Mr. Truong Minh Duc, a journalist, was sentenced to five years' imprisonment under Article 258 for his reports on farmers who had been victims of corruption.⁵

Those expressing criticisms of Government policy or calling for democracy were also targeted. On April 19, 2008, cyber-dissident Nguyen Hoang Hai (pen-name Dieu Cay), a founding member in 2006 of the Club of Free Journalists, was arrested after posting articles on the Internet calling for respect of human rights and democratic reform, and unfurling banners in front of the Ho Chi Minh Opera House protesting against China's claims of sovereignty over the disputed Spratly and Paracel islands in January. On September 10, 2008, he was sentenced to 30 months' imprisonment following an unfair closed trial at the Ho Chi Minh City People's Court. The sentence was upheld on appeal on December 4, 2008. Mr. Dieu Cay was convicted of tax evasion although the procedural flaws as well as the police unit that arrested him – belonging to the Department of Internal Security and Counter-Intelligence, which usually deals with monitoring and political repression – suggest that this was only a pretext for repression.⁶

No respite for defenders of freedom of religion

The largest Buddhist church still outlawed and repressed⁷

The Unified Buddhist Church of Viet Nam (UBCV) represents more than three-quarters of Vietnamese Buddhists and is a prominent advocate for human rights. Outlawed by the Government following the establishment of the State-sponsored Viet Nam Buddhist Sangha, UBCV members have been a key target for repression by the authorities. Such repression has taken the form of harassment by the police, evictions from pagodas, surveillance, threats, interrogations, disappearances, arrests and detentions – including house arrest. After the USCIRF issued on May 2, 2008 its recommendation that Viet Nam be put back on the CPC list, the Government set about organising grand events to celebrate the UN International Day of Vesak.⁸ However, only the Buddhists of the State-sanctioned Buddhist Sangha were allowed to celebrate this holiday, the Buddhists of UBCV being excluded from the celebrations. The elaborate celebrations of one of the most important dates in the Buddhist calendar were in sharp contrast to the increased repression of UBCV monks. In the run-up to the Vesak, a number of UBCV pagodas were seized by the State-sanctioned Buddhist Sangha for the celebrations, with the UBCV monks either being imprisoned in their pagodas or evicted.

On July 5, 2008, Thich Huyen Quang, the Patriarch of UBCV, died at the age of 88 years whilst under house arrest in the Nguyen Thieu Monastery, in Binh Dinh province. He had been detained for more than 26 years. Following the funeral, the Government reinforced controls, surveillance and harassment of UBCV monks. On August 15, 2008, Thich Quang Do was named Supreme Patriarch of UBCV. As of the end of 2008, he remained under house arrest in the Thanh Minh Zen Monastery, in Ho Chi Minh City. His telephone line was cut off, and all visits that he received were closely monitored. Further, he had still not been issued with a residence permit and was therefore at risk of being arrested at any moment. On December 23, 2008, Mr. Marco Pannella, Member of the European Parliament, and Italian Senator Marco Perduca were prevented from boarding a plane from Phnom Penh to Saigon to visit Viet Nam. Both had obtained regular visas to enter Viet Nam and were scheduled to visit Thich Quang Do before travelling to Hanoi to meet Vietnamese officials and members of the National Assembly on December 24-25, 2008. The authorities said that they would "not be permitted to enter/exit Viet Nam any more" as they were "not in a position to guarantee their personal security", after they received "several letters and messages of protest concerning the visit".

Khmer Krom Monks still perceived as a threat to national security

The Vietnamese authorities also continued to view the Khmer Kampuchea Krom monks as a threat to national security. Although the Khmer Krom bonze Mr. Tim Sa Khorn was released from prison on June 28, 2008, the Vietnamese authorities continued to restrict his liberty and freedom of movement by placing him under house arrest following his release. Mr. Sa Khorn had been arrested in Cambodia in June 2007 and sent to Viet Nam, where he was subsequently sentenced to one year's imprisonment on November 8, 2007, on charges of "sabotaging the unification policy".

Urgent Interventions issued by The Observatory in 2008⁹

1 Including Decree 38/2005 banning peaceful demonstrations and the 2004 Ordinance on Beliefs and Religion.

2 The European Parliament passed on October 22, 2008 Resolution P6_TA-PROV(2008)0514 relating to the new EU-Viet Nam Partnership and Cooperation Agreement, in which it called on the EU to ensure that Viet Nam cease these "systematic violations of democracy and human rights" and called for effective mechanisms to enforce human rights and democracy clauses in the new Agreement.

3 Although the USCIRF noted that there had been some progress, it was still concerned about the persistent abuse and repression of certain religious communities. See USCIRF Press Release, May 2, 2008.

4 The EU expressed its regret at these sentences, which it saw as an attack on the freedom of expression. See Statement by the EU Presidency, October 16, 2008.

5 See Vietnam Committee on Human Rights.

6 Idem.

7 Idem.

8 Vesak is Buddha's birthday and is a holiday recognised by the United Nations.

9 See the Compilation of cases in the CD-Rom attached to this report.