108th CONGRESS
1st Session
H. R. 1587
IN THE HOUSE OF
REPRESENTATIVES
Mr. SMITH of New Jersey
(for himself, Mr. ROYCE, Mr. ROHRABACHER, Mr. WOLF, Mr. SOUDER, Mr. PENCE, Mr.
CROWLEY, Ms. LOFGREN, Ms. ROS-LEHTINEN, Mr. TOM DAVIS of Virginia, Mr. TOWNS,
Mr. MCNULTY, Ms. GINNY BROWN-WAITE of Florida, Mr. BALLENGER, Ms. LORETTA
SANCHEZ of California, Mr. SAM JOHNSON of Texas, Mr. CLAY, Mr. BEAUPREZ, Mr.
GREEN of Texas, Mr. ENGLISH, Mr. GREEN of Wisconsin, Ms. NORTON, Mr. WYNN, Mr.
BELL, Mr. MORAN of Virginia, Mr. PAYNE, Mr. COX, Mr. GALLEGLY, Mr. MOORE, Mr.
VAN HOLLEN, and Mr. WELDON of Pennsylvania) introduced the following bill; which
was referred to the Committee on International Relations, and in addition to
the Committee on Financial Services, for a period to be subsequently determined
by the Speaker, in each case for consideration of such provisions as fall
within the jurisdiction of the committee concerned
A BILL
Be it enacted by the Senate and House of Representatives
of the
(a) SHORT TITLE- This Act may be cited as the `Viet Nam
Human Rights Act of 2003'.
(b)
TABLE OF CONTENTS- The table of contents for this Act is as follows:
Sec. 1. Short title; table of
contents.
Sec. 2. Findings.
Sec. 3. Purpose.
Sec. 101. Bilateral
nonhumanitarian assistance.
Sec. 102. Multilateral
nonhumanitarian assistance.
Sec. 201. Assistance.
Sec. 301. Radio Free Asia transmissions to
Sec. 302.
Sec. 401. Refugee
resettlement for nationals of
Sec. 501. Annual report.
Congress finds the following:
(1)
(2)(A) The Government of
(B) The Government of
(3)(A) The Government of
(B) Following the
(C) Recent victims of such mistreatment, which violates the rights to freedom
of expression and association recognized in the Universal Declaration of Human
Rights, include Dr. Nguyen Dan Que, a leading human rights activist who was
arrested on March 17, 2003, and has already served two lengthy prison
sentences, Dr. Nguyen Thanh Giang, Most Venerable Thich Huyen Quang, Most
Venerable Thich Quang Do, linguist Tran Khue, businessman Nguyen Khac Toan,
journalist Nguyen Vu Binh, publicist Le Chi Quang, writer Hoang Tien, military
historian Pham Que Duong, Hoang Minh Chinh, Tran Dung Tien, Hoang Trong Dung,
Nguyen Vu Viet, Nguyen Truc Cuong, Nguyen Thi Hoa, Vu Cao Quan, Nguyen The Dam,
Nguyen Thi Thanh Xuan, Father Chan Tin, author Duong Thu Huong, poet Bui Minh
Quoc, Dr. Nguyen Xuan Tu (Ha Si Phu), Dr. Pham Hong Son, Mai Thai Linh, Most
Venerable Thich Huyen Quang, Most Venerable Thich Quang Do, Father Nguyen Van
Ly, Pastor Nguyen Lap Ma, Father Phan Van Loi, numerous leaders of the Hoa Hao
Buddhist Church and of independent Protestant churches, and an undetermined
number of members of the Montagnard ethnic minority groups who participated in
peaceful demonstrations in the Central Highlands of Viet Nam during February
2001.
(4) The Government of
(A)(i) In April, 1999 the Government issued a Decree Concerning Religious
Activities, which declared in pertinent part that `[a]ll
activities using religious belief in order to oppose the State of the Socialist
Republic of Viet Nam, to prevent the believers from carrying out civic
responsibilities, to sabotage the union of all the people, and against the
healthy culture of our nation, as well as superstitious activities, will be
punished in conformity with the law'.
(ii) All public religious activities must be approved by the Government in
advance. The United States Commission on International Religious Freedom in
October 2002 recommended that
(B)(i) The
(ii) Most Venerable Thich Quang Do, the Executive President of the
(iii) Many other leading Buddhist figures, including Thich Hai Tang, Thich
Khong Tanh, Thich Thai Hoa, Thich Tue Si, Thich Quang Hue, Thich Tam An, Thich
Nguyen Ly, Thich Thanh Huyen, Thich Thong Dat, Thich Chi Mau, Thich Chi Thang,
Thich Chon Niem, Thich Thanh Quang are under tight surveillance. Several
members of the UBCV have fled to
(C)(i) The
(ii)(I)
Hao Hoa believers who do not recognize the legitimacy of the government
organization are denied the right to visit the Hao Hoa village, to conduct
traditional religious celebrations, or to display Hao Hoa symbols. Many have
been arrested and subjected to administrative detention, and several
Hao Hoa have been sentenced to prison terms for protesting these denials
of religious freedom.
(II) The Government interferes with Hao Hoa efforts to
conduct charitable works, and prohibits public celebration to commemorate the
founder's disappearance as well as the distribution of the founder's teachings.
The Government controls greatly the leadership selection process of the Cao
Dais, another indigenous Vietnamese religion.
(III) At least the following Hao Hoa believers are known to be in prison or
house detention: Ha Hai, Tran Van Be Cao, Tran Nguyen Huon, Phan Thi Tiem, Le
Quang Liem, Nguyen Van Dien, Le Minh Triet, and Vo Van Thanh Liem.
(D)(i) Independent Protestants, most of whom are members of ethnic minority
groups, are subjected to particularly harsh treatment by the Government of Viet
Nam. According to the United States Commission on International Religious
Freedom, such treatment includes `police raids on homes and house churches,
detention, imprisonment, confiscation of religious and personal property,
physical and psychological abuse, and fines for engaging in unapproved
religious activities (such as collective worship, public religious expression
and distribution of religious literature, and performing baptisms, marriages,
or funeral services) . . . [i]n addition, it is reported that ethnic Hmong
Protestants have been forced by local officials to agree to abandon their
faith'.
(ii)(I) According to human rights activists in Viet Nam, 2 secret central
plans--Plan 184A and 184B--issued in 1999 by the Communist Party to combat
Protestant believers were fully implemented throughout the country, and led to
a crackdown on the Protestant movement, especially in the Central and Northern
Highland areas.
(II) An estimated 14,000 Christians fled from the North to the Central
Highlands in the past 5 years. According to the Southern Evangelical Church of
Viet Nam, the Government of Viet Nam forcibly closed 354 of the 412 churches in
Dak Lak province, 56 pastors from the Central Highlands have disappeared, and
at least 43 evangelical Montagnards have been sentenced to prison. Freedom
House has reported on the beating death of Hmong Christian Mua Bua Senh by
police authorities.
(E)(i) Other religious organizations, such as the Catholic Church, are formally
recognized by the Government but are subjected to pervasive regulation which
violates the right to freedom of religion. For instance, the Catholic Church is
forbidden to appoint its own bishops without Government consent, which is
frequently denied, to accept seminarians without specific official permission,
and to profess Catholic doctrines which are inconsistent with Government
policy. Government restrictions on the seminary process have caused a severe
shortage of priests.
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(ii) A Catholic priest, Father Nguyen Van Ly, was arrested in March 2001 and
remains in detention after submitting written testimony to the United States
Commission on International Religious Freedom. On
(iii) In October 2002, the Vietnamese Bishops Conference took an unprecedented
step when they protested to the National Assembly about the persecutions
endured by Catholic ethnic minorities.
(F) The Government has also confiscated numerous churches, temples, and other
properties belonging to religious organizations. The vast majority of these
properties--even those belonging to religious organizations formally recognized
by the Government--have never been returned.
(5)(A) Since 1975 the Government of Viet Nam has persecuted veterans of the
Army of the
(B) Re-education camp survivors and their families were often forced into
internal exile in `New Economic Zones'. Many of these former allies of the
(6)(A) The Government of Viet Nam has been particularly harsh in its treatment
of members of the Montagnard ethnic minority groups of the Central Highlands of
Viet Nam, who were the first line in the defense of South Viet Nam against
invasion from the North and who fought courageously beside members of the
Special Forces of the United States, suffering disproportionately heavy
casualties, and saving the lives of many of their American and Vietnamese
comrades-in-arms.
(B) Since 1975 the Montagnard peoples have been singled out for severe repression,
in part because of their past association with the
(C) Between February and March 2001, several thousand members of the mountain
tribes Djarai, Bahnar, and Rhade from the provinces of Pleiku, Gialai, and
Daklak took part in a series of peaceful demonstrations to demand the release
of 2 Montagnard Christians, religious freedom and restoration of their
confiscated lands. The Government responded by closing off the Central
Highlands and sending in military forces, tanks, and helicopter gunships.
Hundreds of demonstrators were injured. Altogether, more than 200 people, among
them 60 evangelical priests and tribal chieftains, were arrested. Some regions
of the Central Highlands remain closed to journalists and foreign diplomats.
(D) Credible reports by refugees who have escaped to
(E) The Government of
(F) According to Human Rights Watch, in December 2002 `[The
Government] arrested or detained dozens of highlanders and banned Christmas
church services in order to prevent minority Christians from gathering. Six
highlanders were detained during the third week in December in Krong Ana and Cu
Jut districts, Dak Lak, during Christmas prayer services, while another eight were
taken into custody as they were attempting to cross the border to
(7) The Government of Viet Nam has also persecuted members of other ethnic
minority groups, including the Khmer Krom from the Mekong Delta, many of whom
fought alongside United States military personnel during the Viet Nam war and
whose Hinayana Buddhist religion is not among those recognized by the
Government.
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(8) The Government of
(9)(A) United States refugee resettlement programs for Vietnamese nationals,
including the Orderly Departure Program (ODP), the Resettlement Opportunities
for Returning Vietnamese (ROVR) program, and resettlement of boat people from
refugee camps throughout Southeast Asia, were authorized by law in order to
rescue Vietnamese nationals who have suffered persecution on account of their
wartime associations with the United States, as well as those who currently
have a well-founded fear of persecution on account of race, religion,
nationality, political opinion, or membership in a particular social group.
(B) In general, these programs have served their purpose well. However, many
refugees who were eligible for these programs were unfairly denied or excluded,
in some cases by vindictive or corrupt Communist officials who controlled
access to the programs, and in others by
(C) The Department of State has agreed to extend the September 30, 1994,
registration deadline for former United States employees, `re-education'
survivors, and surviving spouses of those who did not survive `re-education'
camps to sign up for United States refugee programs.
(D) The Department of State has agreed to resume the Vietnamese In-Country
Priority One Program in
(E) The Bureau of Citizenship and Immigration Service in the Department of
Homeland Security has agreed to resume the processing of former
(F) The Bureau of Citizenship and Immigration Service has agreed to review the
applications of Amerasians, children of American servicemen left behind in
(10) The Government of
(11) In 1995 the Governments of the
(12) The Congress and the American people are united in their determination
that the extension or expansion of trade relations with a country whose
government engages in serious and systematic violations of fundamental human
rights must not be construed as a statement of approval or complacency about
such practices. The promotion of freedom and democracy around
the world--and particularly for people who have suffered in large part because
of their past associations with the
The purpose of this Act is to promote the development of
freedom and democracy in
(a) ASSISTANCE-
(1) IN GENERAL- Except as provided in subsection (b),
(A) for fiscal year 2004 unless not later than 30 days after the date of the
enactment of this Act the President determines and certifies to Congress that
the requirements of subparagraphs (A) through (D) of paragraph (2) have been
met during the 12-month period ending on the date of the certification; and
(B) for each subsequent fiscal year unless the
President determines and certifies to Congress in the most recent annual report
submitted pursuant to section 501 that the requirements of subparagraphs (A)
through (E) of paragraph (2) have been met during the 12-month period covered
by the report.
(2) REQUIREMENTS- The requirements of this paragraph are that--
(A) the Government of
(B)(i) the Government of
(ii) has made substantial progress toward returning
estates and properties confiscated from the churches;
(C) the Government of
(D) the Government of Viet Nam has made substantial progress toward respecting
the human rights of members of ethnic minority groups in the Central Highlands
or elsewhere in Viet Nam; and
(E)(i) neither any official of the Government of Viet Nam nor any agency or
entity wholly or partly owned by the Government of Viet Nam was complicit in a
severe form of trafficking in persons; or
(ii) the Government of
(b) EXCEPTION-
(1) IN GENERAL- Subsection (a) shall not apply for any fiscal year with respect
to the provision of
(2) CONTINUATION OF ASSISTANCE IN THE NATIONAL INTEREST- Notwithstanding the
failure of the Government of Viet Nam 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 Viet Nam of increased United States nonhumanitarian assistance
would promote the purposes of this Act or is otherwise in the national interest
of the United States.
(3) EXERCISE OF WAIVER AUTHORITY- The President may
exercise the authority under paragraph (2) with respect to--
(A) all
(B) one or more programs, projects, or activities of
such assistance.
(c) DEFINITIONS- In this section:
(1) 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 106-386 (114 Stat. 1470); 22 U.S.C.
7102(8)).
(2) UNITED STATES NONHUMANITARIAN ASSISTANCE- The term `
(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; and
(iii) assistance for refugees; and
(B) sales, or financing on any terms, under the Arms
Export Control Act.
(a) HUMAN RIGHTS- The President shall ensure that section 701 of
the International Financial Institutions Act (22 U.S.C. 262d), relating to
human rights, is carried out with respect to
(b)
RELIGIOUS FREEDOM- The President shall instruct the United States Executive
Directors at the World Bank and the International Monetary Fund to use the
voice and vote of the United States to oppose any loans or other assistance
(except loans or assistance for humanitarian purposes) to the Government of
Viet Nam until the President determines that the Government of Viet Nam has
made substantial progress to protect religious freedom.
(a) IN GENERAL- The President is authorized to provide
assistance, through appropriate nongovernmental organizations, for the support
of individuals and organizations to promote internationally recognized human
rights in
(b)
AUTHORIZATION OF APPROPRIATIONS- There are authorized to be appropriated to the
President to carry out subsection (a) $2,000,000 for each of the fiscal years
2004 and 2005.
(a) POLICY OF THE UNITED STATES- It is the policy of the
(b)
AUTHORIZATION OF APPROPRIATIONS- In addition to such amounts as are otherwise
authorized to be appropriated for the Broadcasting Board of Governors, there
are authorized to be appropriated to carry out the policy under subsection (a)
$9,100,000 for the fiscal year 2004 and $1,100,000 for the fiscal year 2005.
It is the policy of the United States that programs of
educational and cultural exchange with Viet Nam should actively promote
progress toward freedom and democracy in Viet Nam 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.
(a) POLICY OF THE UNITED STATES- It is the policy of the
United States to offer refugee resettlement to nationals of Viet Nam (including
members of the Montagnard ethnic minority groups) who were eligible for the
Orderly Departure Program (ODP), Resettlement Opportunities for Vietnamese
Returnees (ROVR) or any other United States refugee program and who were deemed
ineligible due to administrative error or who for reasons beyond the control of
such individuals (including insufficient or contradictory information or the
inability to pay bribes demanded by officials of the Government of Viet Nam)
were unable or failed to apply for such programs in compliance with deadlines
imposed by the Department of State.
(b)
AUTHORIZED ACTIVITY- Of the amounts authorized to be appropriated to the
Department of State for Migration and Refugee Assistance for each of the fiscal
years 2004, 2005, and 2006, such sums as may be necessary are authorized to be
made available for the protection (including resettlement in appropriate cases)
of Vietnamese refugees and asylum seekers, including Montagnards in
(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)(A) The determination and certification of the President that the
requirements of subparagraphs (A) through (D) of section 101(a)(2) have been met, if applicable.
(B) The determination of the President under section 101(b)(2),
if applicable.
(2) Efforts by the United States Government to secure transmission sites for
Radio Free Asia in countries in close geographical proximity to
(3) Efforts to ensure that programs with Viet Nam promote the policy set forth
in section 302 and with section 102 of the Human Rights, Refugee, and Other
Foreign Policy Provisions Act of 1996 regarding participation in programs of
educational and cultural exchange.
(4) Steps taken to carry out the policy under section 401(a).
(5) Actions of the Government of Viet Nam which reflect compliance with or
violation of human rights, in particular, those contained in the International
Covenant on Civil and Political Rights and in the Universal Declaration of
Human Rights, including, but not limited to, effectively affording--
(A) the right to engage in free expression;
(B) the right to peaceful assembly;
(C) religious freedom, including the right to worship, to appoint clergy
members, to form religious associations and institutions, to participate in
religious activities, and to conduct charity work free of involvement of and
interference by the government;
(D) the right to establish nongovernmental
organizations and civic associations;
(E) the right to liberty of movement and freedom to
choose a residence within
(F) the right of a criminal defendant--
(i) to be tried in his or her presence, and to defend
himself or herself in person or through legal assistance of his or her own
choosing;
(ii) to be informed, if he or she does not have legal
assistance, of the right set forth in clause (i);
(iii) to have legal assistance assigned to him or her in any case in which the
interests of justice so require and without payment by him or her in any such
case if he or she does not have sufficient means to pay for it;
(iv) to a fair and public hearing by a competent,
independent, and impartial tribunal established by the law;
(v) to be presumed innocent until proved guilty
according to law; and
(vi) to be tried without undue delay;
(G) the right to be free from torture and other forms
of cruel or unusual punishment;
(H) protection of internationally recognized worker
rights;
(I) freedom from incarceration as punishment for political opposition to the
government;
(J) freedom from incarceration as punishment for
exercising or advocating human rights (including those described in this
section);
(K) freedom from arbitrary arrest, detention, or
exile;
(L) the right to fair and public
hearings by an independent tribunal for the determination of a citizen's rights
and obligations; and
(M) free choice of employment.
(6) Lists of persons believed to be imprisoned, detained, or placed under house
arrest, tortured, or otherwise persecuted by the Government of Viet Nam due to
their pursuit of the rights described in paragraph (5). 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
protection under
(7) A description of the development of the rule of law in
(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 Viet Nam are developed and become binding within Viet Nam;
(C) the extent to which statutes, regulations, rules, administrative and
judicial decisions, and other legal acts of the Government of Viet Nam 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 Viet Nam;
(E) the extent to which individuals are treated equally under the laws of Viet
Nam 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
(8) A description of projects funded by multilateral organizations operating in
Viet Nam, including projects funded by the World Bank, International Monetary
Fund, Asian Development Bank, United Nations, and Global Fund.
(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, human rights advocates in Viet Nam), 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
Religious Freedom for appropriate sections of the report.