MEMBER'S STATEMENTS
THE HONORABLE LORETTA SANCHEZ (D-CA)
MARCH 29, 2000
Good afternoon fellow Members of Congress and ladies and gentlemen. I would like to welcome you on behalf of the Congressional Human Rights Caucus to today's Members briefing on Vietnam.
I would like to first thank the Congressional Human Rights Caucus, specifically Congressmen Tom Lantos and John Edward Porter for sponsoring today's hearing. I would also extend my special gratitude to Hans Hogrefe, Jeannette Windon and Dan Hoang for organizing this important event.
We have with us this afternoon the following distinguished witnesses:
Mr. T. Kumar of Amnesty International. Mr. Kumar is the Advocacy Director for Asia & Pacific program for Amnesty International USA. He has lived in many Asian and African countries and served as a human rights monitor in Bosnia, Haiti, Guatemala and South Africa.
Mr. Duc Ngo is currently the Director of External Affairs of the Free Vietnam Alliance, a worldwide organization comprised of 37 grassroots movements advocating for the democratization of Vietnam through peaceful changes.
The Most Reverend Thich Giac Duc. For more than 25 years, the Reverand has been leading the Buddhist struggle for religious freedom and equality. Currently, the Rev. is the Chairman of the Planning and Development Committee, Vietnamese American Buddhist Congress in America and president of Universal Buddhist Congregation.
Mr. Trinh M. Nguyen is the current president of the National Congress of Vietnamese in America. Mr. Nguyen served in the South Vietnamese Army until 1975, when he was exiled to the United States afer the North Vietnamese army invaded South Vietnam.
Mr. Chau Nguyen is the Secretary for the Overseas Hoa Hao Buddhist Association. The Overseas Hoa Hao Buddhist Association is the official representative office for Mr. Le Quang Liem and the Hoa Hao Buddhist community in Vietnam.
I thank each of you for being with us this afternoon.
My interest in Vietnam stems from the constituents of Vietnamese origin that live in my district in Orange County. I have the privilege of representing one of the largest constituencies of Vietnamese Americans in the United States. As a result of my contact with the Vietnamese community, and my interest in Vietnam, I, along with my colleague's Zoe Lofgren and Tom Davis, established the Congressional Dialogue on Vietnam (CDV) in 1998.
The CDV has facilitated the dialogue between Members of Congress, the administration, and the Vietnamese-American community on U.S. foreign policy on Vietnam.
It is my hope that today we can shed light on the wide-scale and continuing pattern of human rights abuses by the Vietnamese government, particularly in the face of recent and impending legislation that opens the door for commerce between the United States and Vietnam.
As many of you know, today's briefing is a follow-up to the one which was held in September 1997. It was during this briefing where we received testimony concerning human rights violations in Vietnam and the serious impact it has had on social and political stability.
Since the 1997 event, there have been many advances in U.S. - Vietnam relations.
In 1997, former Congressman Douglas "Pete" Peterson was appointed U.S. Ambassador to Vietnam.
In 1998 and 1999, President Clinton granted and then renewed Vietnam a waiver from the Jackson-Vanik Amendment, a law that bans the U.S. from giving trade and investment funding to nations that do not allow free emigration for their citizens.
Reports show that the emigration policy of the Vietnamese government is more often than not arbitrary and unfair. The average emigrant now must pay $1,000 in bribes to have access to U.S. refugee programs: three times the average annual salary of a Vietnamese worker.
The basis for the waiver is that it would promote freedom of emigration. I am deeply concerned by recent indications that Vietnam has been less, not more, cooperative since the waiver.
Reports show that religious repression, human rights violations, and economic restrictions are still common place.
For example, the U.S. State Department 1999 Country Report on Vietnam states that the government continues to grossly violate human rights by incarcerating prisoners of conscience. Public criticism of the government policies by dissidents is still not tolerated in Vietnam.
For the last 14 years, the Venerable Thich Huyen Quang, head of the Unified Buddhist Church in Vietnam, has been restrained under administrative detention without being charged with or convicted of a crime.
Political freedoms are still limited and numerous dissidents are in jail or under strict surveillance by government authorities. One of the most notable and troubling case is that of Dr. Nguyen Thang Giang, a retired geophysicist.
On March 4th, 1999, Dr. Giang was arrested on the streets of Hanoi for possessing "anti-Communist" documents. Vietnamese officials never explained to Giang why they arrested him and did not formally charge him.
In fact, during my visit to Vietnam last year, I hand delivered to Vietnamese and American officials a letter signed by 27 of my colleagues demanding the immediate and unconditional release of Dr. Giang. After a storm of international protests, they finally released Giang. Unfortunately he is still under strict police surveillance.
I also had the opportunity to be briefed by Dr. Nguyen Dan Que, the Reverend Tran Huu Duyen, and the Venerable Thich Quang Do on the topics of restrictions on freedom of religion and speech and the lack of worker rights. I was astonished to learn that thousands of religious leaders and political dissidents remain in harsh prison labor camps.
Nevertheless, the SRV insists that it has no political or religious prisoners. To government officials, people like Nguyen Dan Que, Doan Viet Hoat, the Venerable Thich Quang Do and Nguyen Giang are simply people who "violated the law."
While I believe in the government of Vietnam's sovereign rights, we cannot ignore these offenses. As a symbol and promoter of freedom and democracy, the United States can influence and direct Vietnam toward a more democratic form of government where basic human and civil rights are respected.
I would also like to take this opportunity to express my admiration for the determined efforts of the Reverend Thich Quang Do to further the cause of human rights and religious freedom in Vietnam. The Reverend has been nominated by myself and twenty-eight of my colleagues in the House of Representatives for the Nobel Peace Prize. I would now like to read an excerpt from a letter the Reverend recently forwarded to me.
"I must say how touched I am that you and your distinguished colleagues in the US Congress should deem me worthy of such a high honor at the Nobel Peace Prize. I am a simple Buddhist monk, seeking only to realize the principles of tolerance, courage and compassion in everyday life, and alleviate the sufferings of my fellow countrymen and women however I can. There is no merit in this. I therefore accept with all humility the trust you have put in me, and consider that by submitting my name for the Nobel Peace Prize, you are honoring not me, but the people of Vietnam. Please accept my heartfelt thanks, and convey my thanks also to all the distinguished Members of Congress who joined you in supporting my nomination for this prestigious award."
Due to the tight censorship in Vietnam, the letter was sent through clandestine channels. This, to me is an example of how troubling the situation truly is for many religious leaders in Vietnam.
It is my hope that today we can learn from our distinguished guests, of how best we can help to improve the human rights situation in Vietnam.
On behalf of the Human Rights Caucus and other Members of Congress, I would like to thank all the speakers present here today. Thank you and I look forward to the testimony of our speakers.
Before I recognize today's witnesses, I would like to recognize my distinguished colleague Zoe Lofgren who has been a leader in the cause of human rights for Vietnam for any comments she would like to make at this time.
Thank you.
Statement of Congresswoman Zoe Lofgren
Congressional Human Rights Caucus Briefing on Vietnam
Wednesday March 29, 2000
I am honored to Co-Chair the Congressional Human Rights Caucus Briefing with my colleagues, Congresswoman Loretta Sanchez and Congressman Tom Davis. Congresswoman Sanchez has worked tirelessly organizing this briefing. I would like to thank her for her leadership on issues critical to the Vietnamese community. Thank you Loretta for everything you've done. This briefing means so much to me and to my constituents.
I would also like to extend my sincere appreciation to all of the individuals here today who will be presenting testimony on behalf of the Vietnamese American community. It is very important to me and my colleagues that we know what people in communities across America are thinking about the state of US-Vietnam relations. We are in Congress to represent you. We want your voice to be heard, and I'm proud that this hearing will allow that to happen.
As you know, I represent San Jose, California, a community greatly enriched by the presence of immigrants. Quite a few of my constituents came to San Jose as refugees, escaping a brutal and oppressive political regime. I worked with those refugees as a Santa Clara County Supervisor, and many of those people have become my friends throughout the years. I know their stories. I value their knowledge. I believe that they have a unique perspective on the state of our country's relationship with Vietnam that is of immense value.
While I am told that Vietnam is making progress in the area of human rights, I continue to read and hear about religious persecution, political repression and unwarranted detentions. The human rights situation in Vietnam must be improved. The Venerable Thich Quang Do, a Buddhist monk who has spoken out for freedom of religion in Vietnam, has been imprisoned twice and placed under house arrest for simply advocating what we accept as a basic human right.
I am proud to have the privilege to join my colleagues in nominating the Venerable Do for this year's Nobel Peace Prize. But the Venerable Do is just one of the many brave religious leaders who have been targeted by the Communist government. This must change.
I am also disturbed by reports, arising from a recent trip to Vietnam by Defense Secretary Cohen, that we may enter into a military agreement with Vietnam. How can the United States reach an agreement, whether it is related to trade or security, with a government that consistently violates the human rights of its own people?
Yet another outstanding issue is free emigration. Many members of my staff in San Jose work on reuniting Vietnamese families. We have found the government of Vietnam to be a substantial block in these efforts. Imagine a father and child in the United States and a mother and more children in Vietnam. That is the sad reality today. Many families are still separated. That too must change.
There is little doubt that in this information age, with access to the Internet spreading across the world, that conditions will change. The power of the Internet and technology will be a catalyst for that change. Technology will foster democracy. But until technology takes over, it is up to us to be vigilant, and to ensure that the Vietnamese government is accountable for its actions and that abuses are brought to light.
I understand that Mr. Ngo, from San Jose, will be presenting testimony. I welcome you Mr. Ngo. I am sure that your perspective and those of the other panelists will shed valuable light on the human rights condition in Vietnam.
Thank you.
DUC T. NGO
DIRECTOR OF EXTERNAL AFFAIRS
FREE VIETNAM ALLIANCE
Distinguished Members of the Congressional Human Rights Caucus,
Almost three years ago, I had the privilege to appear before you in this noble Caucus and it is a great pleasure to appear before you again this afternoon. I would like to thank the members of the Caucus for your constant commitment to the human rights ideal. This commitment and this ideal were aptly displayed last December 10th, on the anniversary of the Universal Declaration of Human Rights, when many of you-in a letter signed by 29 Members of Congress-nominated Venerable Thich Quang Do of Vietnam for the Nobel Peace Prize. On behalf of the Free Vietnam Alliance, I would like to extend our organization?s appreciation for this very fitting nomination.
Venerable Thich Quang Do is currently under close police surveillance. Other religious leaders in Vietnam, including Mr. Le Quang Liem of the Hoa Hao Buddhist Church, Catholic Priest Chan Tin, and Mr. Tran Quang Chau of the Cao Dai Church face varying degrees of state persecution. Indeed, the Vietnamese government's intolerance for religious freedom is one of the worst parts of an overall bad human rights record. Two distinguished witnesses today will report specifically on the abuses of religious rights.
My testimony will focus on two other important areas:
(1) Arbitrary detainment and harassment of individuals for peaceful dissent, and
(2) Restrictions on freedom of expression.
These two violations symbolize the Government?s disrespect of all civil liberties. From arbitrary detainment and restrictions on freedom of expression stem other restrictions on freedom of association, freedom of worship, and the right of citizens? to change their government. Many Vietnam observers note that Communist government?s ability to maintain a monopoly on power hinges on its very ability to repress dissent and control information.
(1) Arbitrary Detainment and Harassment:
While the Socialist Republic of Vietnam (SRV) continues to jail individuals with long sentences for their political views, authorities currently favor a new technique to silence dissent. In April 1997, the prime minister issued a policy on administrative detainment (Directive 31/CP) which gives the Ministry of Public Security wide powers to detain individuals for up to two years for offenses not covered by the penal code. In fact, individuals can be questioned, detained, have their homes searched without being charged of any crime. In essence, authorities have lowered the standard-or more correctly removed the arbitrary standard altogether-for which dissidents can be punished. The real purpose of the administrative detainment policy is to do away with the need for formal charges or embarrassing trials which might draw international attention.
The first victims of the administrative detainment policy were three writers in Dalat, a city in south-central Vietnam. Ha Si Phu, a biologist by training, Bui Minh Quoc, a poet and former editor-in-chief of the Langbian magazine, and Tieu Dao Bao Cu, a novelist, were placed under virtual house arrest in mid-1997. Their phone service was disconnected and their homes were surrounded by police who searched all visitors to and from the residences. Authorities employed economic isolation and psychological intimidation to retaliate against the three writers and their families.
In March 1999, Prof. Nguyen Thanh Giang, a geophysicist, was arrested by security officials while on the streets of Hanoi. Because of his writings on political pluralism, Prof. Nguyen Thanh Giang was detained for two months though he was never formally charged with any crime. After releasing him, authorities ordered Prof. Nguyen Thanh Giang not to leave Hanoi. They later ordered that he not travel outside his neighborhood. In addition, authorities have entered Prof. Nguyen Thang Giang's home to remove his computer and scientific equipment, disconnected the family's phone service, stolen their mail, and forced Prof. Nguyen Thanh Giang to appear for lengthy police interrogations.
Dr. Nguyen Dan Que is another well-known dissident under de facto house arrest without any crime being charged. Dr. Nguyen Dan Que was released from jail in September 1998 along with other prominent political prisoners in a so-called general amnesty. The reality, however, is that authorities have quietly substituted the jail cell in the prison camp with a personal residence cordoned by police 24-hours a day. Dr. Nguyen Dan Que faces constant harassment including interrogations and random searches. At one point, authorities took away Dr. Nguyen Dan Que?s personal computer and email access.
Aside from avoiding negative international publicity, the administrative detainment policy also saves the SRV from unwanted internal scrutiny. Some of the regime?s strongest critics are ex-communist party members. The most prominent individual in this regard is retired Gen. Tran Do, the former ideological chief of the communist party, who has made repeated calls for democracy in recent years. It would be extremely awkward for authorities to jail someone with 58 years of service to the communist party. So authorities resort to isolating Tran Do and retaliation against his children. According to Tran Do: "Many members of my family live in fear of seizure, threat, and terrorism. My family has lost its peace."
(2) Restrictions on Freedom of Expression:
The Vietnamese communist authorities detain and harass individuals with political views different from their own. The repression of dissidents is tied to the restrictions on freedom of expression. One of the means by which the regime attempts to control expression, especially public discourse, is through a monopoly on the media.
There are about 500 newspapers and magazines in Vietnam, all of which are published by the Communist Party or a mass organization under its direct control. For example, the Nhan Dan (People) is the official mouthpiece of the Party; the Tuoi Tre (Youths) newspaper is the daily published by the Ho Chi Minh Youth League. Under the Press Law, the Ministry of Culture and Information serves as the media watchdog to guarantee the official line.
Recently, two prominent dissidents sought permission to publish private newspapers. In early 1999, retired Gen. Tran Do wrote to the Ministry of Culture and Information for permission to operate an independent newspaper. He based his request on provisions in the Constitution and Press Law which provide for freedom of the press. The Ministry of Culture and Information rejected Tran Do?s request by noting that only organizations, not individuals, have the right to operate a newspaper. An obvious point the Ministry failed to mention is that individuals do not have the right to form independent organizations in Vietnam.
In September 1999, Venerable Thich Quang Do, the number two leader in the Unified Buddhist Church of Vietnam, wrote to party and government leaders seeking to publish a monthly magazine for Buddhists. In an interview with Reuters, Ven. Thich Quang Do explained the reason for the application: "They talk about Buddhist doctrine only with an aim of destroying it, not building it. So we ask that we also have the right to defend ourselves, that what they say is wrong about Buddhist doctrine." It is unclear whether authorities have responded to Venerable Thich Quang Do's application.
Conclusion / Suggested Actions:
The SRV's arbitrary detainment and harassment of dissidents and its restrictions on freedom of expression are both causes and symptoms of the problems in Vietnam today:
* By repressing differing views and monopolizing the flow of information, the communist authorities deny Vietnamese the ability to actualize their most inalienable human rights including freedom of worship, freedom of association, and freedom to choose their own government.
* At the same time by flaunting universal norms on human rights which the SRV itself has pledged to honor, the communist regime confirms itself as a pariah and an untrustworthy long-term partner. The problems of corruption and lack of transparency plaguing Vietnam?s society and economy will continue to fester without a free and open public discourse.
For these reasons, the Free Vietnam Alliance advocates for a US-Vietnam policy that actively engages Hanoi on human rights. We believe it is vital for human rights conditions to be attached to trade and economic arrangements with the SRV, including the bi-lateral trade agreement.
In closing, we respectfully suggest to members of the Congressional Human Rights Caucus four specific activities which would further human rights in Vietnam:
* Issue a protest to SRV leaders each time a dissident and his/her family is persecuted. A vigilant letter from a Member of Congress would remind the Vietnamese authorities that the United States is not indifferent to political repression.
* Request the US embassy in Vietnam to regularly monitor and visit leading dissidents at their residence. If the Vietnamese ambassador in Washington can freely visit any private American citizen, it only appropriate that the US ambassador in Vietnam and his staff can and do exercise reciprocal rights.
* Organize Congressional delegations to Vietnam with visits to dissidents. The meetings held with dissidents by Representatives Tom Davis, Loretta Sanchez, Chris Smith, Tom Campbell, and Ed Royce during their recent trips to Vietnam have demonstrated to the brave voices of conscience in Vietnam that they are not alone.
* Support demands for a free press by Vietnamese citizens. Your support could be in the form of a letter of encouragement to the individual(s) making the request or by raising the issue directly during contacts with SRV officials.