Two Years Later, Formosa Toxic Pollution Still Sends People to Prison in Vietnam

Quynh-Vi Tran
Quynh-Vi Tran

April 24, 2018| After an approximate three-hour hearing, the Appellate Court of Nghe An Province, Vietnam, affirmed the 14-year sentence for blogger and human rights defender, Hoàng Đức Bình, in relation to the 2017 protests of Catholic fishermen in the areas affected by the Formosa environmental disaster.

Hoàng Đức Bình, a member of the Viet Labor Movement, was sentenced earlier this year by a trial court in February.

The story on the marine pollution caused by Taiwan’s Formosa Hà Tĩnh Steel Corporation broke out two years ago in Vietnam, prompting a nationwide protest in April and May 2016 where people demanded the company closed its steel mill business and ceased all of its operations.

Formosa admitted in May 2016 that they were responsible for the toxic spill from their factory into the local sea in violations of Vietnam’s laws, and agreed to pay 500 million USD for damages in a confidential settlement with the Vietnamese government.

The toxic pollution caused by Formosa is estimated to have affected the livelihood of people along more than 200 km of local seawaters in four coastal provinces of Central Vietnam.

To date, the public in Vietnam still has very little information regarding the settlement agreement while many affected families have yet to receive their shares in the settlement.

Thus, local people continued their protests against Formosa, and Hoàng Đức Bình was among them.

One of the activities Bình participated in, was to travel with fishermen from Quỳnh Lưu District, Nghệ An Province to the local courts in Hà Tĩnh Province – where Formosa is located – to file their civil suits against the company in February 2017, and the authorities of Nghệ An Province arrested him after that.

Attorney Nguyễn Khả Thành, one of Bình’s lawyers, announced the court’s decision on his Facebook today.

According to his lawyer, Hoàng Đức Bình was convicted on two separate charges under Vietnam’s 1999 Penal Code. Article 257 is for “resisting officers acting under their duty,” and Article 258 is for “abusing freedoms and democratic rights to infringe upon the State’s interest or the rights and interests of other entities and individuals.”

Bình was given the maximum sentence – 7 years – for each of the offenses, which implied that the court found his conduct to be “seriously harmful” to the public according to the sentencing guidelines of Articles 257 and 258.

Hoàng Đức Bình maintained that all he did was to accompany the fishermen and a Catholic priest in traveling from Nghệ An to Hà Tĩnh to file their civil suits.

Nghệ An Province was not among the list of the four provinces to receive compensation from Formosa’s 500M USD settlement, and hence, the need for fishermen there to file lawsuits to recover for their alleged damages arose.

On September 25, 2015, just a few months before the story of Formosa marine life disaster broke the news, world leaders have agreed on what now is known as the 17 Sustainable Developmentment Goals. Among them, the seriousness of climate change due to humans’ activities is highlighted, and that countries have agreed, future economic development must go hand in hand with environmental protection and respect for human rights.

After the trial court convicted Bình for a total of 14 years in February this year, UN experts and Special Rapporteurs issued a joint statement, condemning his arrest and sentence and demanded his release.

“Imprisoning bloggers and activists for their legitimate work raising public awareness on environmental and public health concerns is unacceptable,” said Baskut Tuncak, Special Rapporteur for Human Rights and Hazardous Substances and Wastes.
“We call on the authorities to release Hoang Duc Binh and Nguyen Nam Phong who were detained following their efforts to raise awareness and ensure accountability in relation to the spill of the Formosa Steel plant. Authorities must ensure that Viet Nam’s rapid economic expansion does not come at the expense of human rights, in particular those of local communities and workers.”

Another lawyer of Hoàng Đức Bình, Hà Huy Sơn, also wrote on his Facebook today: Bình told him that before his trial in February 2018, he was beaten up by death-row inmates who were put in the same cell as his.

Attorney Sơn also added in the same status, that the only witnesses participated in the trial were the traffic police officers involved in the alleged incident, and none of the video clips capturing the event were allowed to be introduced. He then concluded, the court has violated Vietnam’s criminal procedures and that the verdict is therefore unjust.

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Quynh-Vi Tran

Quynh-Vi was a litigation lawyer in California before becoming a democracy advocate and journalist in 2015. She is also a strong advocate for abolishing the death penalty.