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Joining UN Convention Against Torture Does Not Seem to Stop Police Brutality from Tormenting Vietnam

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Mrs. Nguyen Thi Mai, the mother of Do Dang Du the most famous case in the last two years involving deaths in police detention in Vietnam. Photo Credits: Chau Doan.

Vietnam soon faces the UN’s review compliance on the implementation of the 1984 United Nations Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (UNCAT), which it became the 81st signatory on November 7, 2013.

Despite a showing of strong commitment from the Vietnamese Ambassador to the UN at the time of signing, Le Hong Trung, who condemned all “acts of torture and cruel, inhuman or degrading treatment of persons and to better protect and promote fundamental human rights”, police brutality and death in police detention remain some of the most urgent social issues in the country today.

Less than a year since the Vietnam’s National Assembly ratified UNCAT in November 2014 and submitted the ratification to UN on February 5, 2015, 17-year old Do Dang Du died from injuries to the head and body while being held in police custody at Chuong My District, Hanoi on October 10, 2015. His death shocked the nation.

Police records showed Do Dang Du was taken to Bach Mai hospital in early October 2015, where died from head injuries two days after. Photo credits: Anh Ba Sam blog

14 lawyers immediately petitioned to the Minister of Ministry of Public Security (MPS), the Chief Procurator of the Supreme People’s Procuracy, and the Chief of Hanoi Police Department to get the details of his arrest and detention.

As it turned out, Du’s death might have been avoided because he was not supposed to be detained at all.

According to some of the lawyers from this group of 14 who petitioned to review his case, under Section 2 of Article 303 of Vietnam’s Code of Criminal Procedures, a minor being alleged to have committed a “less serious” crime, such as theft, was supposed to be released on his own recognizance. Du’s mother confirmed that he was arrested in August 2015 for stealing two million VND (about 90 USD) from a neighbor and taken into police detention, where he was held until taken to the hospital due to injuries from a physical assault in early October 2015.

Yet, Chuong My District Police stood by and continued to affirm that their detention of Du for some two months was done according to laws. However, other facts surrounding this case compelled people to question police’s involvement in Du’s death and demanded more answers.

First, while Du’s three teenager cellmates were arrested and charged with the assault and battery which caused his death, their reasons for getting into an altercation with Du failed to convince the public and Du’s family. The main perpetrator, Vu Anh Binh, also 17-year old, confessed that he had assigned Du to wash their dishes, but because Du did not wash them well enough, leaving them still dirty, Binh got angry and beat him up.

Attorneys for Do Dang Du’s family after being assaulted. Photo credits: Tuoi Tre newspaper.

Du’s family then retained two attorneys, Le Luan and Tran Thu Nam, from the group of 14 to represent them in the matter of their son’s death, but the lawyers soon became victims of physical violence as well. On November 3, 2015, attorneys Luan and Nam were assaulted by a group of eight thugs on their way to visit Du’s mother. The victims identified one of the perpetrators to be Chuong My District police officer Cuu, and they also told the media that they believed the police had followed them since they agreed to represent Du’s family.

Speaking to BBC News – Vietnamese edition at the time, Attorney Tran Quoc Thuan, former Deputy Director for the Office of the National Assembly, demanded that an independent investigation unit should have been convened to invest the police officers of Chuong My District to avoid conflict of interest. Attorney Thuan also mentioned to BBC that some 226 people had died in police custody in recent years.

Attorney Thuan’s claim was based on Vietnam MPS’ own representation to his former employment, the Office of the National Assembly, in 2015 regarding deaths in police custody from 2011-2014, which curiously was not mentioned by the Vietnamese government in their report submitted in July 2017 to the UN regarding the first year of implementing UNCAT from 2015-2016.

However, in the report to the UN, the government did admit deaths and other incidents of police brutality indeed happened. But the numbers from the government, of course, are nowhere near 226. In fact, it is difficult to decipher the exact number from the 51-page report, which also did not include any allegations of death in police detention that Vietnamese newspapers and social media had reported in 2015 and 2016.

What more disturbing is the fact that the report from the Vietnamese government delineates the reality that police brutality often goes unpunished. Impunity is at the heart of this problem, and the government has yet to demonstrate they have dealt with it efficiently.

For example, Paragraph 100 of the report stated: “From 2010 to 2015, People’s Courts had not handled any cases regarding the obtainment of testimony by duress and bribing or forcing another person to give false testimony or provide false documents”.

Further, it provided that in the same five-year period, the Vietnamese courts “only handled and tried 10 cases with the total 26 defendants who committed torture offenses”. Eight out of those 10 cases involved police officers and prison’s guards. (In Vietnam, prison’s guards are also police officers because according to the laws, the MPS has direct control over all prisons in the country).

The family of a victim in one the newest deaths in police detention in Vietnam took his body to the streets to demand justice in July 2017. Police of Ninh Thuan, Phan Rang Province claimed Nguyen Hong De (26-year-old) had hung himself in the temporary holding cell.

Even when police officers were prosecuted and tried for having committed torture of suspects and/or prisoners, they often received very light sentence. Take for example the case of four police officers of Dak Trung prison in Dak Lak Province, listed in Annex 11 of the Vietnamese government’s report to the UN, none of the police officers involved in a prisoner’s death while in their custody was handed actual prison terms.

These four police officers admitted to using “corporal punishment” on a prisoner, Truong Thanh Tuan, during the morning of September 23, 2010. Tuan died on the way to the hospital the very same evening from “respiratory distress syndrome and cardiovascular collapse”. The officers were tried and convicted of “using corporal punishment” under Article 298 of Vietnam’s Penal Code, and their sentence was the minimum “penalty of warning”, which translated into “no jail time”.

Paragraph 45 of the report, the government acknowledged that their laws allow for many other penal code provisions to prosecute criminal acts that carry “torture nature”, some are specifically applicable to police officers, such as “causing death to people in the performance of official duties” (Article 97), “inflicting injury on or causing harm to the health of other persons while performing official duty” (Article 107), “ill-treating other persons” (Article 110), humiliating other persons (Article 121). Vietnam’s laws also allowed for charging perpetrators with multiple offenses for committing the same criminal conducts.

But in reality, the same report also showed that Vietnam’s justice system had not prosecuted any of the listed perpetrators with multiple charges, even when their laws allow for it. In all of the reported cases, the police officers were charged and tried for only one crime, “using corporal punishment” under Article 298.

Taking into consideration the facts and the applicable laws, people have to ask why the offending police officers were not charged with any other crimes besides “corporal punishment” and thus always received just a slap on the wrists for causing serious injuries and even death to suspects and prisoners?

The difference between only charging the offenders with one crime instead of multiple crimes in Vietnam is quite large, and we could see it by studying the facts in one of the most talked about cases involving police brutality in the past five years, the case of Ngo Thanh Kieu of Phu Yen Province.

According to the government report, the 20-year-old Kieu was arrested for theft in the morning of May 13, 2012. He was then interrogated by several police officers of Tuy Hoa District, Phu Yen Province that day, where he was handcuffed and beaten. He was interrogated multiple times on the same day and continued to be interrogated even after showing obvious signs of physical assault. By 5:40 pm, Kieu died on the way to the hospital from injuries to the head which had caused drama to his skull.

The police officers defendants in Ngo Thanh Kieu’s case at trial. Photo credits: Zing news.

While the involved officers were tried and sentenced to prison from nine months to eight years, they were charged, again, only with “applying corporal punishment” under Article 298. Moreover, the highest-ranking officer involved, Le Duc Hoan, Deputy Head of the Investigation Agency of Tuy Hoa District Police, was only charged with “negligence, causing serious consequences” while carrying out official tasks.

It was Hoan who had ordered the other police officers to conduct the interrogation of the victim even after Kieu had shown signs of suffering rounds of physical assault during the first questioning. Yet in the end, it was also Hoan that received the lightest sentence of nine months and was allowed to serve it on probation, meaning he did not have to spend a single day in jail.

The government’s report to the UN also failed to mention that two of the five defendants appealed and got their sentences reduced sufficiently in September 2016. Nguyen Than Thao Thanh was sentenced to eight-year imprisonment but got reduced to five years, while Nguyen Tan Quang’s two-year imprisonment became two-year probation.

Had they been charged with all of the criminal provisions applicable to their illegal conducts, the offending police officers who caused the death of Ngo Thanh Kieu could have faced up to 30 year-imprisonment on a combined sentencing under Article 50 of the Penal Code if convicted.

The story of Ngo Thanh Kieu is not the last to tell about torture and police brutality in Vietnam. In 2017, I have documented nine cases where people died in police detention from January 2016 to September 2017. To date, no one had yet been prosecuted in relation to these cases.

As long as the problem with impunity continues to be as serious as police brutality in Vietnam, it seems that there is still a long way to go for UN CAT to be effectively implemented. At the very least, however, Vietnam should begin aggressively investigating, prosecuting, and trying the perpetrators according to the standards of their current laws, where multiple charges should be filed against those who committed such horrendous crimes against the victims’ basic human rights and took away their most sacred one, their right to life.

Human Rights

Vietnam To Try Pham Doan Trang For Propagandizing Against The State On November 4, 2021

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Pham Doan Trang. Graphic: Luat Khoa Magazine.

On October 14, 2021, attorney Dang Dinh Manh, one of Pham Doan Trang’s lawyers, posted on his Facebook that the People’s Court of Hanoi will try the prominent journalist and writer on November 4, 2021. Manh further indicated that the same court will also try Trinh Ba Phuong and Nguyen Thi Tam – two of the Duong Noi farmers – on November 3, 2021.[1]

Furthermore, sources informed The Vietnamese Magazine that the authorities have yet to officially approve any of Doan Trang’s attorneys to be her legal representatives. Attorney Manh confirmed that the government informed him of the information about Doan Trang’s trial via telephone. 

On October 6, 2021, Pham Chinh Truc, Doan Trang’s brother, received a notice from the Hanoi People’s Procuracy Office regarding his sister’s case status. That day also marked one year since the Vietnamese authorities arrested Doan Trang in Ho Chi Minh City. During this entire time, she has been held incommunicado. Her lawyers also received minimal information from the authorities about her case. 

Hanoi People’s Procuracy notified Truc that they had decided to transfer the case to the People’s Court of Hanoi after recommending her indictment on August 30, 2021. 

The Procuracy, however, did not specify what its recommendations are and what have been her conducts that fall under its possible charges against Pham Doan Trang. It is charging her with “conducting propaganda against the Socialist Republic of Vietnam,” which falls under either Article 88 of the 1999 Penal Code; she faces the possibility of a 20-year sentence. The Procuracy also failed to provide any evidence that it may have found during the year-long investigation leading up to the case being transferred to the Court. 

However, because none of her attorneys have yet to be officially recognized by the government, they did not receive the government indictment. In other words, both her family and her attorneys still do not know what evidence the government has against Doan Trang or the details of the charges against her. In the next few days, her attorneys will file a motion to delay her trial so that they can better prepare for her defense, The Vietnamese Magazine has learned.

Trinh Huu Long, the co-director of Legal Initiatives for Vietnam (LIV) and one of Doan Trang’s closest colleagues told The Vietnamese:

“It’s highly unusual that an activist is held completely incommunicado until just before the trial such as has happened with Doan Trang. This is nothing less than an extremely severe violation of both domestic and international laws. It is also ironic. The government wants to punish Doan Trang because she made it look bad, and Vietnam calls this is the rule of law, while the government itself has long gotten away with all sorts of inhuman treatment and violations of its own laws.”

Notes:

[1] Our previous version of this article has stated that Pham Doan Trang’s trial will be on November 3, 2021. However, Attorney Dang Dinh Manh since then has corrected his earlier statement and her trial will be on November 4, 2021.

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Tightening The Noose: The Latest Developments In Vietnam’s Assault On Internet Freedom

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Screenshot of Vietnam section on CIVICUS website. Photo source: CIVICUS.

On August 25, 2021, U.S. Vice President Kamala Harris met with several of Vietnam’s top leaders. According to a report by Reuters, while the focus of their dialogue centered on the South China Sea dispute and the strengthening of U.S presence in the region, she also brought up several human rights concerns with the Vietnamese government. Although Harris did not provide details about what they had discussed, the vice president assured the press that “[the United States] was “not going to shy away” from difficult conversations with countries the United States has partnerships with.

Prior to her arrival, Vietnam was already dealing with a surge in Covid-19 infections, which resulted in lockdowns and travel restrictions in several places in the country, including Ho Chi Minh and Hanoi. As of September 26, Vietnam has tallied over 476,000 confirmed cases with 18,000 deaths. The Vietnamese government’s approach to containing the spread of the virus has been questionable at best with its use of state media and propaganda to control the narrative and deployment of the military to enforce lockdown measures. 

Yet, despite the ongoing health crisis and the dialogue with the U.S. vice president, Vietnam continues its crackdown, detention, and imprisonment of several online critics, journalists, and activists. 

Freedom on the Net 2021

Freedom House, a US-based organization founded to support and defend democracy worldwide, released its annual Freedom on the Net report on September 21, 2021. This report analyzes the state of accessibility and censorship of a country’s cyber domain, alongside violations of internet users’ rights, and ranks each nation as being Free, Partly Free, or Not Free. It comes as no surprise that Vietnam continues to fare poorly in this regard; it has been classified as Not Free for three consecutive years and has been performing terribly under the standards set by Freedom House. 

This research highlights several aspects of the state of internet freedom in Vietnam. Regarding accessibility, Freedom House states that smartphone and internet penetration in the country has been good with internet prices becoming more affordable. However, connectivity continues to remain an issue for those living in extreme poverty and for ethnic minorities who live in the remote mountainous areas of Vietnam. Censorship also continues to be practiced by the Vietnamese government as it blocks or filters content coming from individuals and organizations that are critical of the regime. Predictably, Vietnam’s violation of internet-user rights is just as rampant compared to prior years with “police routinely [flouting] due process, arresting bloggers and online activists without a warrant or retaining them in custody beyond the maximum period allowed by law.”

CIVICUS: Latest Developments in Vietnam

On September 27, 2021, CIVICUS, an international alliance of various organizations that aim to strengthen citizen action and civil society worldwide, released its own report that details more recent events regarding the state of internet freedom in Vietnam. Similar to Freedom House, CIVICUS classifies Vietnam as Closed according to its own standards; a country with this rating exhibits “a complete closure of civic space” where “an atmosphere of fear and violence prevails, where state and powerful non-state actors are routinely allowed to imprison, seriously injure and kill people with impunity.” Criticism of those in power is also severely punished. Likewise, media freedom is virtually non-existent and the internet is heavily censored.

The CIVICUS report begins by highlighting the cases of several Facebook users who were arrested or imprisoned under Articles 117 and 331 of Vietnam’s Criminal Code. Nguyen Van Lam and Tran Hoang Minh were both found guilty by Vietnamese courts of violating these statutes on July 20, 2021. Lam was sentenced to nine years in prison for “posting anti-state writings and sharing videos and other content, including broadcasts considered politically subversive,” and for “creating, storing, disseminating information and materials against the Socialist Republic of Vietnam.” Minh was given five years of jail time for “abusing democratic freedom” and for his objections to the Dong Tam land dispute incident

The report continues with the arrests of Facebookers Tran Hoang Huan and Bui Van Thuan, on August 10, 2021, and August 30, 2021, respectively. Huan’s recent posts voiced his objections and concerns regarding Vietnam’s use of Chinese-made COVID-19 vaccines. He was charged by the Tien Giang People’s Procuracy for “making, storing and spreading or propagandizing information or documents against the state under Article 117 of the Penal Code.”  Bui Van Thuan was arrested in his home by policemen who pretended to be medical workers. Bui Van Thuan’s wife, Trinh Nhung, stated with The 88 Project that Thuan had previously posted “biting commentaries against the government’s handling of COVID-19 and other political issues.”

The more recent cases of Nguyen Thuy Duong and Nguyen Duy Linh are also mentioned in the report. CIVICUS states that Amnesty International had reported on September 2, 2021, that Duong had been fined 5 million dong (US$220) for sharing a Facebook post that accused Vietnamese authorities of neglect during the COVID-19 lockdown. This post blamed the government for the rampant spread of hunger among city residents during this time. Nguyen Duy Linh was arrested on September 14 and charged by state authorities with “conducting anti-state propaganda” under Article 117 of the country’s Criminal Code.

Updates regarding the case of detained human rights defender, journalist, and co-founder of The Vietnamese and the Luat Khoa online magazines, Pham Doan Trang, are also included in the CIVICUS report. On September 6, 2021, the government informed Doan Trang’s lawyer, Luan Le, that his client would be “formally indicted with ‘conducting propaganda against the Socialist Republic of Vietnam under Article 88 of the 1999 Penal Code.” Despite her case being brought to the attention of the United Nations Working Group on Arbitrary Detention (UNWGAD), she still faces the very real possibility of being sentenced to 20 years imprisonment. 

Radio Free Asia’s coverage regarding the arrest of five journalists from the Facebook-based news outlet, Bao Sach (Clean Newspaper) is also mentioned in the report. Truong Chau Huu Danh, Nguyen Thanh Nha, Doan Kien Giang, Nguyen Phuong Trung Bao, and Le The Thang were charged with violating Article 331 of Vietnam’s Criminal Code for posting “anti-state and reactionary information” which delved into information that was “inappropriate, distorting, against the country’s interests, and slanderous of the people’s administration.” Thang is currently released on bail while the other four journalists are still in detention. Truong Chau Huu Danh, the founder of Bao Sach, also faces the additional charge of posting stories that “generated bad interactions between internet users in the cyber environment” which “propagandized, distorted, defamed and seriously slandered Party organizations and local Party committees.”

Tran Huu Duc and Le Thi Kim Phi were accused by the authorities of using Facebook to connect with members of the U.S.-based Provisional Government of Vietnam, an organization founded in 1991 by former soldiers and refugees who remained loyal to the South Vietnamese government after the war. Than Huu Duc was arrested in January 2021 and charged under Article 109 of Vietnam’s Penal Code for “gathering information on Nghe An residents … for a referendum on naming [Provisional Government of Vietnam] member, Dao Minh Quan, as president of Vietnam.” Duc was also accused of “posting political content online” that opposed government policies and “slandering leaders of Vietnam’s ruling Communist Party.” In September 2021, Le Thi Kim Phi was arrested and charged under the vague clause of “carrying out activities to overthrow the government.” 

In January 2018, the Provisional Government of Vietnam was labeled a “terrorist organization” by the Vietnamese authorities. 

Additional Restrictions on Internet Freedom 

Following the passage of the controversial Cybersecurity Law in 2018, the CIVICUS report further mentions a draft of a government decree which further restricts internet freedom by limiting live-streaming on popular social media sites. CIVICUS states that, “under the terms of the decree, any account that operates on a social media platform in Vietnam and has more than 10,000 followers must provide contact information to authorities” and that “only registered accounts will be allowed to live-stream.” The draft also imposes additional responsibilities on social media providers, requiring them to block or remove content within 24 hours if they receive a “justified complaint” from an individual or organization. 

When passed this decree, coupled with the already draconian Cybersecurity Law, will serve to further cement the Vietnamese Communist Party’s (VCP) rule over the country’s already restrictive cyberspace, putting social media users more at risk of the government’s retribution and reducing social media platforms to tools of government surveillance. 

Freedom on the Net 2021 provides an overall look at the state of internet freedom in Vietnam while the CIVICUS report presents recent, documented, and specific events that support Freedom House’s outlook on the country. Both illustrate a very grim and depressing reality about Vietnam: that despite international pressure, in the form of U.S Vice-President Harris’ visit, and the ongoing COVID-19 pandemic, the VCP is more concerned about maintaining power and control over its people than prioritizing their welfare and safety during these difficult times; the Party would rather control the narrative than work to give actual aid to much of its struggling populace. 

In the end, the actions of the Vietnamese government serve only as a reminder of its ineptitude during times of crisis and its callousness to the plight of everyday Vietnamese; in its relentless attack against internet freedom and freedom of speech, the more pressing and immediate threats to the welfare of the Vietnamese people remain half-heartedly addressed. 

Citations:

  1. Bose, N. (2021, August 25). U.S. VP Harris offers Vietnam support to counter Beijing in the South China Sea. Reuters. Retrieved September 28, 2021, from https://www.reuters.com/world/asia-pacific/us-vp-harris-offers-vietnam-support-counter-beijing-south-china-sea-2021-08-25/
  2. Jaffe, A. (2021, August 26). Harris says she urged Vietnam to free political dissidents. – The Diplomat. Retrieved September 29, 2021, from https://thediplomat.com/2021/08/harris-says-she-urged-vietnam-to-free-political-dissidents/
  3. Nguyen, J. (2021, August 19). State media and social media during the COVID-19 pandemic: A tale of two cities in Vietnam. The Vietnamese. Retrieved September 29, 2021, from https://www.thevietnamese.org/2021/08/state-media-and-social-media-during-the-covid-19-pandemic-a-tale-of-two-cities-in-vietnam/
  4. Nguyen, J. (2021, September 12). Why did the Vietnamese Communist Party militarize its fight against COVID-19? The Vietnamese. Retrieved September 29, 2021, from https://www.thevietnamese.org/2021/09/why-did-the-vietnamese-communist-party-militarize-its-fight-against-covid-19/
  5. Shahbaz, A., & Funk, A. (n.d.). Freedom on the net 2021: The global drive to control Big Tech. Freedom House. Retrieved September 30, 2021, from https://freedomhouse.org/report/freedom-net/2021/global-drive-control-big-tech
  6. Reed, A. (2021, September 21). New research: Vietnam remains “not free” on internet freedom, Freedom House says. The Vietnamese. Retrieved Sept 30, 2021, from https://www.thevietnamese.org/2021/09/new-research-vietnam-remains-not-free-on-internet-freedom-freedom-house-says/
  7. Huu Long, T. (2021, September 21). Vietnam: Freedom on the net 2021 country report. Freedom House. Retrieved October 1, 2021, from https://freedomhouse.org/country/vietnam/freedom-net/2021
  8. C. I. V. I. C. U. S. (2021, September 27). CRACKDOWN ON ONLINE CRITICS PERSISTS IN VIETNAM AS NEW DECREE CONTROLLING LIVESTREAMING PROPOSED. Civicus. Retrieved September 29, 2021, from https://monitor.civicus.org/updates/2021/09/27/crackdown-online-critics-persists-vietnam-new-decree-controlling-livestreaming-proposed/
  9. Civicus. (2020, April 7). ONLINE DEBATE ON DONG TAM INCIDENT FOLLOWED BY PANDEMIC SILENCED BY VIETNAM AUTHORITIES. Civicus. Retrieved October 1, 2021, from https://monitor.civicus.org/updates/2020/04/07/online-debate-dong-tam-incident-followed-pandemic-silenced-vietnam-authorities/
  10. The 88 Project (2021, September 6). Vietnam free expression newsletter no. 34/2021 – week of August 30-September 5. The 88 Project. Retrieved September 29, 2021, from https://the88project.org/newsletter-no-34-2021/
  11. Finney, R. (2021, September 3). Vietnamese facebook user fined for ‘fake news’ as criticism grows of government’s handling of pandemic. Radio Free Asia. Retrieved September 30, 2021, from https://www.rfa.org/english/news/vietnam/fine-09032021182640.html
  12. Whong, E. (2021, September 10). Vietnam indicts five journalists from Facebook-based outlet. Radio Free Asia. Retrieved September 30, 2021, from https://www.rfa.org/english/news/vietnam/baosach-09092021174755.html
  13. Finney, R. (2021, September 14). Vietnam court sentences member of ‘Provisional Government’ to three-year prison term. Radio Free Asia. Retrieved October 29, 2021, from https://www.rfa.org/english/news/vietnam/court-08182021185109.html
  14. Gerin, R. (2021, September 14). Third Vietnamese charged for Facebook connections with US-based Exile Group. Radio Free Asia. Retrieved September 30, 2021, from https://www.rfa.org/english/news/vietnam/le-thi-kim-phi-09102021183034.html

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Human Rights

Vietnam Says It Is Promoting And Defending Human Rights, But The Reality Proves Otherwise

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Photo credit (left to right): Luat Khoa Magazine/ Reuters. Graphic: The Vietnamese Magazine.

In Vietnam, the beginning of this October marks two significant events that challenge and reflect upon the country’s actual circumstance over its commitment to uphold human rights values: the one year anniversary of the arrest of journalist Pham Doan Trang and the mass exodus of migrant workers who have had to use all sorts of means to return to their hometowns due to the lack of help from the government.

Earlier, in March, Vietnam also announced its candidacy for the United Nations Human Rights Council (UNHRC) for the agency’s 2023-2025 term. This announcement has astonished many local pro-democracy activists and critics, who have expressed their opposition to such a move.

According to the UNHRC’s membership requirements [1], member states running for the seats need to fulfill their “contribution to the promotion and protection of human rights,” and once they gain the council’s membership, the members must bear the responsibility to “uphold high human rights standards.” 

However, given the one-party Communist state’s poor human rights record and its consistently oppressive policies and actions in curtailing the people’s fundamental civil and political rights, Vietnam’s legitimacy to become a member of the UNHRC should remain out of the question [2].

On the one hand, Vietnam’s state-controlled media has been seen praising [3] the country’s efforts in securing a seat at the United Nations body, betting on its early successful containment of COVID-19 and the donations of masks and medical equipment to other countries. From the government’s reasoning, keeping people safe and protecting their daily livelihoods are crucial to the promotion of human rights. “The country has tackled the pandemic head-on, putting the people at the center of all its efforts,” state media quoted Vietnamese Foreign Minister Pham Binh Minh as saying at the UNHRC’s 46th Regular Session.

On the other hand, the apprehension of journalist Pham Doan Trang and the dire situation of Vietnamese migrant workers during the fourth wave of the COVID-19 pandemic in the country provide us with a contrasting narrative. Those unparalleled stories vividly portray an authoritarian government that shows virtually no tolerance for dissenting opinions, in addition to highlighting its disregard for the most basic human rights, which are recognized in the U.N.’s Universal Declaration of Human Rights and the country’s own Constitution.

Pham Doan Trang and her freedom of speech

Pham Doan Trang was arrested by the Vietnamese authorities at around midnight on October 6, 2020, and she has been held incommunicado since her detainment. Her arrest came only hours after officials from Vietnam and the United States held a video conference for the two countries’ 24th annual Human Rights Dialogue. However, Doan Trang, her friends and colleagues, and also the readers of her books, had long been anticipating her arrest.

As a dedicated journalist and a prominent writer, Pham Doan Trang has devoted her career to documenting and writing about controversial social issues and human rights violations committed by the Vietnamese government. She also publishes books popularizing general knowledge about politics, laws, and human rights for the Vietnamese people.

Pham Doan Trang and her book “Politics for The Masses.” Photo: Luat Khoa Magazine.

In theory, the Vietnamese Communist Party (VCP) has consistently trumpeted [4] its respect for the people’s right to freedom of speech, right to access to information, and press freedom, which were promised to its citizens under the Constitution. But in reality, the VCP has systematically harassed and detained independent journalists and activists [5], restricted access [6] to critical online newspapers and blogs, including The Vietnamese Magazine and Luat Khoa Magazine, and tracked down and intimidated [7] anyone who disagrees with its political doctrine.

To the international community and admirers of her work, Doan Trang has only done what a journalist should be doing: report truthfully and inform the global audience about alleged human rights abuses by the VCP. What the Vietnamese government has been doing to silence opposition critics and dissidents like her only exposes the country’s serious violations of basic human rights and its lack of commitment to steadfastly protect those fundamental rights of its citizens.

The homebound journeys of Vietnamese migrant workers 

Also at the beginning of October, heartrending photos and video footage of thousands of migrant workers rushing to return to their hometowns were widely shared on Vietnamese social media. These migrant workers decided to flee big cities en masse due to financial difficulties that affected them as a result of COVID control measures and the lack of help from the government. “We are tired,” one migrant worker said [8].

On their way home, many of the laborers were seen breaking through the barricades at checkpoints set up by local authorities, with many beaten by security forces and some even seen begging the officers to let them through. According to the government, these methods were to prevent the wave of mass migrations that resulted from concerns about the transmission of the coronavirus. Despite facing many hurdles and uncertainty during their homebound journeys, those migrant workers hardly had any other choice.

Police and security forces guard a checkpoint in Ho Chi Minh City as people, who are mostly migrant workers, attempt to return to their hometowns. The photo was taken on September 30, 2021, by Reuters/ Stringer.

This abrupt and large-scale migration wave was a result of Vietnam’s months-long abusive lockdown mandates [9], which largely excluded human rights matters from its protocols, and the negligence of the government regarding the well-being, and more importantly, the dignity of workers.

As written in the Universal Declaration of Human Rights, the Vietnamese people in general, and migrant laborers in particular, have the right to freedom of movement and residence within their own country; they also have the right to be treated with dignity and to seek their own security of life. Those allegedly unlawful actions by the Vietnamese government are clearly blatant violations of universal human rights, which are ironically the key conditions that the VCP must meet to gain its seat at the UNHRC.

Steward Rees, an advocacy associate with The 88 Project, a non-profit organization that promotes free speech in Vietnam, suggests [10] that if Vietnam is genuinely serious about contributing to the development of global human rights, unconditionally releasing Pham Doan Trang would be a good place to start.

References:

  1. Membership of the Human Rights Council. (2020). United Nations Human Rights Council. https://www.ohchr.org/en/hrbodies/hrc/pages/membership.aspx
  2. Jamal, U. (2021, March 17). Should Vietnam become a member of the UN Human Rights Council? ASEAN Today. https://www.aseantoday.com/2021/03/should-vietnam-become-a-member-of-the-un-human-rights-council/
  3. VNA. (2021, March 15). Vietnam stands for election to UNHRC in 2023–2025 tenure. VietnamPlus. https://en.vietnamplus.vn/vietnam-stands-for-election-to-unhrc-in-20232025-tenure/197570.vnp
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  5. Database of persecuted activists in Vietnam. (n.d.). The 88 Project. Retrieved October 6, 2021, from https://the88project.org/database/
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  8. Reuters. (2021, October 4). “We are tired”: Workers flee Vietnam’s largest city as long lockdown eases. Reuters. https://www.reuters.com/world/the-great-reboot/we-are-tired-workers-flee-vietnams-largest-city-long-lockdown-eases-2021-10-04/
  9. Nguyen, J. (2021, July 21). How The Latest Outbreak Reveals The Darker Side Of Vietnam’s Anti-Coronavirus Strategy. The Vietnamese Magazine. https://www.thevietnamese.org/2021/07/how-the-latest-outbreak-reveals-the-darker-side-of-vietnams-anti-coronavirus-strategy/
  10. Rees, S. (2021, October 5). Vietnamese rights activist marks first year in jail. Asia Times. https://asiatimes.com/2021/10/vietnamese-rights-activist-marks-first-year-in-jail/

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