Connect with us

Opinion-Section

Has Vietnam Already Violated the To-Be-Ratified Free Trade Agreement with the EU?

Published

on

Photo courtesy: Norfolk Chamber of Commerce.

After Hoàng Đức Bình’s 14-year sentence was affirmed by an appellate court in Vietnam on April 24, 2018, one of the state-owned newspapers, Người Lao Động (NLD), published a story about Bình’s case on the same day, explaining the government’s reasons behind his harsh sentence.

In one paragraph, NLD wrote:

“Taking advantage of the marine life environmental incident in the Central, and as the Vice-Chairman of Viet Labor Movement, Hoàng Đức Bình began to organize The Association of Fishermen in the Central with the intent to form an external organization, mobilizing forces, attracting Catholics, fishermen in the Central to join that organization; selecting ‘nucleus’ who could incite demonstration to disturb the peace and security.”

Not only international human rights laws protect the right of the people to form associations and organize protests, Vietnam repeatedly acknowledges and agrees to not infringe on these rights of its people in various international treaties and agreements. One of the more recent ones is the free trade agreement (FTA) with the European Union (EU).

About two and a half years before Bình’s trial, in October 2015, Vietnam and the EU have agreed on the text concerning the terms of the FTA between them.

At the same time, EU and its member countries have repeatedly maintained, that they are “fully committed to implementing the 2030 Agenda and its Sustainable Development Goals into EU policies.”

One of EU’s commitments to implementing the 2030 Agenda is to include in their free trade agreements, rules on trade and sustainable development as well as a human rights clause.

In the case of the Vietnam-EU FTA, that language is under Chapter 15 of the agreement, entitles Trade and Sustainable Development.

 

Article 3, Paragraph 2, Sub-paragraph (a) of Chapter 15 states:

“Each Party reaffirms its commitments, in accordance with its obligations deriving from the membership of the ILO and the ILO Declaration on Fundamental Principles and Rights at Work and its Follow-up, adopted by the International Labour Conference at its 86th Session in 1998, to respect, promote and effectively implement the principles concerning the fundamental rights at work, namely:

a) the freedom of association and the effective recognition of the right to collective bargaining;”

 

The importance of this chapter and the human rights clause are also highlighted by the Chair of the European Parliament’s Committee for International Trade, Bernd Lange, during his visit to Hanoi in September 2017. That human rights and labor rights are at the center of the continued discussions about the FTA between Vietnam and EU.

Many could imply that the criminalization of Hoàng Đức Bình’s conduct for organizing people and forming an association of fishermen in the Central of Vietnam appears to be in direct violation of the Trade and Sustainable Development Chapter and the human rights clause of the Vietnam-EU FTA.

The European Parliament Think Tank assessed in February 2018, that the FTA with Vietnam “has been described as the most ambitious deal of its type ever concluded between the EU and a developing country. Not only will it eliminate over 99 % of customs duties on goods, but it will also open up Vietnamese services markets to EU companies and strengthen protection of EU investments in the country.”

They also opined that the Vietnam-EU FTA is estimated to boost Vietnam’s economy as much as 15 % of GDP, with Vietnamese exports to Europe growing by over one third.

The parties are hopeful that the FTA will be ratified by EU Parliament (and also by its member-states on issues involving investment) by the end of this year, or by 2019 at the latest.

However, the recent affirmation of Vietnam’s court regarding Hoàng Đức Bình’s 14-year sentence for organizing and participating in protests against Taiwan’s Formosa Hà Tĩnh Steel Corporation raises questions over the good faith of Hanoi in keeping up their end of the bargain when it comes to human rights and labor rights.

If Vietnamese government is sending people to prison with a very harsh sentence for exercising their freedom of association before the FTA is ratified, then what and how does EU plan to keep them in check once the dust is all settled?

Perhaps, this is a legitimate question for the EU-Vietnam Human Rights Dialogue to provide the public with a more definitive answer later this year?

Opinion-Section

Vietnam: Social Media Successfully Forced Government To Leave Traditional Fish Sauce Alone (For Now)

Published

on

By

Traditional fish sauce production. Photo credits: baonghean.vn

Social media in Vietnam carries quite a force when it comes to having a say in public affairs, and the government is well aware of that. The effect of the new cybersecurity law of 2018 and its attempt to reign in the people’s power remain to be seen. However, the vibrant online civic space in Vietnam just recently proved how effective it could be in fighting against illogical and unreasonable governmental regulations.

This time, it was all about the fish sauce which for the majority of Vietnamese people, could very well be the essence of their souls. If anything could cause an uprising in the country, interference with the people’s consumption of their fish sauce might very well be it.

Three years ago, when the disastrous Formosa marine pollution erupted, the fear of not being able to have a safe supply of fish and salt (the main ingredients for making the fish sauce) prompted thousands of Vietnamese to take to the streets.

So for this reason alone, one would assume that it must take a very gutsy governmental department to take on a fight against the producers of this national treasure.

To everyone’s surprise, the Bureau of Production and Market Development for Agriculture Produce (Bureau) in Vietnam emerged in early March 2019 as the one who was willing to put on the hat of such a fierce fighter.

The Bureau proposed a new set of rules and regulations, detailing the practical steps that all who wish to produce fish sauce in the country must follow.

This particular bureau might have underestimated the outrage from not only the fish sauce producers but also the Vietnamese people at large when the proposed regulation went public.

It could partly be that the making of fish sauce is quite diverse and supposedly done according to the unique traditions and techniques in each region in Vietnam.

Similarly, not many of us would imagine instructing all French winemakers how their bottles of wine should be made or telling the whole Italian cheesemakers that they must follow their government’s detailed steps to produce their mozzarella.

More importantly, for years, the traditional fish sauce producers in Vietnam have been fighting against a few large food corporations who had created a monopoly which mass-produced not fish sauce, but its substitutes.

It turned out that there were two kinds of sauce involved in this battle.

The traditional fish sauce is organically made from fish and salt, and it takes longer to yield the final products.

The other is a chemically induced sauce that may smell like fish sauce but catered to an entirely different taste.

This non-traditional fish sauce substitutes, however, have dominated the market in Vietnam during the past two decades because they are considerably cheaper.

Nevertheless, the traditional fish sauce continues to survive throughout this battle even though their products cost more than those manufactured by the big factories.

Perhaps, because, in recent years, Vietnamese people begin to favor the traditional taste both for health reasons and for protecting the keepsake of their national identity.

I remember this one time when attending college in California, as I was passing by an apartment complex near my school, I suddenly felt the presence of my motherland and nostalgically yearned for my mama’s cooking while the distinctive aroma filled the air from one of the studios.

I am probably not alone in having such an experience where one associates fish sauce with memories of her homeland, making it an essential part of who she is.

And there it went, in the last few weeks, the Vietnamese people were not shy in expressing themselves on social media and letting the government knows that they were firmly against the proposal to regulate the traditional fish sauce’s production.

Their outpouring anger was enough for the Deputy Minister of the Ministry of Science and Technology to quickly announce on March 12, 2019, that the proposed regulation for fish sauce production would be halted indefinitely.

But the abrupt halt did not calm down the public and the traditional fish sauce producers. For the people, the attempted regulation seemed to disproportionately favor one corporation in particular, Masan Group, who had dominated the fish sauce substitutes market in Vietnam.

Almost three years ago, the traditional fish sauce producers had suffered a different attack from another controversy allegedly concocted by a Public Relations firm – T&A Ogilvy – who worked with major food corporations, including Masan.

Back in December 2016, mass media in Vietnam picked up a story from the survey sponsored by T&A Ogilvy where it claimed that 95% of all fish sauce samples collected nationwide contained an alarming amount of arsenic content.

The story was later proven to be entirely false, and the Prime Minister, Nguyen Xuan Phuc, himself ordered an inquiry into the survey’s claims. Nevertheless, the traditional fish sauce producers already suffered losses when consumers panicked and avoided consumption.

This time around, the Vietnamese public seemed to believe that the latest proposed governmental regulation just proved that Masan would not give up on this ambitious dream of becoming the only producer for fish sauce in the country and that the government chose to stay on the corporation’s side.

Because fish sauce is not only a staple in many people’s diet but also a part of their identity, they came to doubt the government’s actual intention for attempting to regulate the production of such caused them.

On social media, people alleged that this whole incident just showcased the intricately entwined relationship between the Vietnamese government and the conglomerates – such as Masan Group.

To have such an allegation coming from its people should be a worrying sign for a regime that has been trying to maintain its dwindling legitimacy like Vietnam. And while the battle is not quite finished, social media will continue to be the much needed civic space for Vietnamese people to voice their concerns and exercise their rights.

Continue Reading

Opinion-Section

Vietnam-China Border War 1979: When Vietnamese People Refused To Forget

Published

on

By

The people's symbol for Remembering the Border War: "Sim flower" - a type of rose myrtle - in Vietnamese literature and music often is being associated with loyalty in a relationship, a type of "forget-me-not" flower. 

Foreigners often assume – wrongfully – that the last war the Vietnamese people remember fighting was the one where the Americans were involved.

It is not.

Foreigners also often do not fully understand why a large number of Vietnamese people would protest when China acts aggressively in the Southeast Asian Sea or South (of) China Sea.

Is it because the Chinese colonized us Vietnamese for one thousand years and continuously fought us during our entire history?

It is not, not entirely.

It is true that from our earliest history until this century, China’s aggression towards us has never ceased to exist.

But, we were forced to resist primarily because our government in the past almost three decades, as it attempted to be closer to their ideological big brother, tried to blur our past conflicts with China.

We were forced to remember because we felt that there has been an attempt to erase this collective memory from us.

Ever since Vietnam signed a treaty with China to end the decade long Border War after their secret negotiations in Chengdu in 1990, our history books spent only a few paragraphs discussing the recent battles between us and China.

Until very recently, writing about China’s aggression and the bloody history between the two countries in the 20th century was strictly forbidden by the Propaganda Central Committee of the Vietnamese Communist Party (VCP).

Those journalists and bloggers – such as Osin Huy Duc, Pham Doan Trang, Mother Mushroom, The Wind Trader, and Trung Bao – who dared to lead the way almost a decade ago on writing about the restricted contents have paid a hefty price. For some of them, their professional life ended, and for some others: jail time.

The people’s attempts to commemorate these battles and those who died were faced with arrest, detention and physical assaults by our police force every year.

Remembering the dead during the anniversary of their passing – or Ngày Giỗ – is a staple ritual in the Vietnamese culture.

Remembering those who had given up their lives to protect our lands is seen as a responsibility which the people expect from their government.

When our government chose silence over commemorating those who died to protect our sovereignty, as Vietnamese, we refused to forget.

We refused to forget the 74 soldiers of the Republic of South Vietnam’s naval force whom we lost in the battle of January 19, 1974 – the day China invaded Paracels Island.

We refused to forget the 68 soldiers from the People’s Army of Vietnam who died resisting China’s attack at the Johnson South Reef on March 14, 1988, in the Spratly Islands.

And every February, we could not forget the most gruesome memory of the massacre in the Northern provinces during the Border War of 1979, which many witnesses could still recall today.

We saw the relationship between the Chinese Communist Party (CCP) and the VCP has trenched in the blood of innocent lives.

Thousands of Vietnamese people and soldiers died at the hands of the Chinese PLA during the Border War.

One research paper entitled China’s War Against Vietnam, 1979: A Military Analysis conducted in 1982 by King C. Chen and published by the School of Law of the University of Maryland in 1983, had estimated that each side lost about 30,000 soldiers from February 17, 1979, to March 5, 1979.

Vietnam estimated the number of lives it had lost during the Border War was around 60,000 people.

Has it not been for the internet that was roaming free in Vietnam since the early 2000s until now, the younger generations of Vietnamese would not be able to learn about our history.

It was also because of the internet, Vietnamese people learned about the Tiananmen massacre, and the plight of the Tibetans and the Uyghurs under China’s occupation.

We fear the day that Vietnam would be the next Tibet or East Turkestan if China’s aggression continues.

When our National Assembly tried to pass the Special Economic Zones in June 2018, our government reaffirmed this worst fear that Vietnam could be under the direct control of the most terrible dictatorship in the world.

Naturally, thousands of people turned to the streets as they did in 2007/2008, 2011, 2012, 2013, 2014, and so forth.

The June 2018 protest, however, was estimated to be the most massive demonstration in contemporary Vietnam’s history after April 1975, and it was not organized by any groups of dissidents.

It was probably an automatic response to China’s aggression, a force of resistance that might have been ingrained in most of our genetic makeups.

The majority of Vietnamese people do distinguish the CCP as the main culprit, not all people of Chinese descent.

In 2014, there were reports of riots burning down Chinese-owned factory, but the identities of those rioters were dubious to the public.

Some suspected that the “riots” was part of the police’s tactic to suppress the peaceful demonstration against China for bringing their oil rig – Haiyang 981 – into Vietnam’s waters at the time.

Regardless, Vietnamese people quickly denounced the riots, as well as any call for violence against Chinese people and their property.

This year, 2019, it was the first time that all of Vietnam’s major newspapers published the detailed historical events to commemorate the February 1979 Border War with China.

However, few trusted that our government has truly meant to give the dead their well-earned respect after 40 years.

Last night, a document stamped “Secret” was circulating Facebook in Vietnam, allegedly came from the VCP’s leaders in Ho Chi Minh City, asking the local authorities to not letting self-organized groups – such as the Le Hieu Dang Club – to organize their events commemorating February 17, 1979.

This morning, social media reported that the local police forces were arresting dissidents who went to Ly Thai To statue in Hanoi and Tran Hung Dao statue in Ho Chi Minh City to commemorate the event.

Among the arrested were blogger Anh Chi Tuyen (Nguyen Chi Tuyen), poet Phan Dang Lu, Facebookers Dang Bich Phuong, Le Hong Hanh, and Hong Ha.

The people often chose the statues of Ly and Tran as the commemorating locations because they were our national heroes who fought off the “enemies from the North” in our history.

In Ho Chi Minh City, the local authorities were quite “creative” when they used a forklift to take away the giant incense burner (lư hương) so that no one could offer the incense to the dead, effectively stopping any commemoration activity at once.

While the good faith of our government again was being called into question today, February 17, 1979, had already become a historical event that the contemporary Vietnamese memorialized because we, the people, refused to forget.

Continue Reading

Opinion-Section

Not Just Football, Some Vietnamese Do Care About Human Rights, Political Pluralism, and Democracy

Published

on

By

Vietnamese CSO's representatives at UPR pre-session. Photo Courtesy: UPR Info

Throughout 2018 and up until yesterday, January 24, 2019, the world continued to witness Vietnamese people’s love of football exploded, and the South Korean coach, Park Hang-seo, solidified his status as the country’s new, de-facto national hero.

Images of people stormed the streets or “đi bão” – literally means “ride the storm” in Vietnamese – across major cities after each team’s win seemed to reaffirm that belief.

While it may be fair to conclude that the majority of Vietnamese cares more about a football match than the other political issues in the country, we probably should pay attention to a different side of Vietnamese society that a foreigner may not see quite readily in recent days.

Two nights before the last football match against Japan during the Asia Cup, from 8:30 P.M. to midnight of January 22, 2018, there was another international event concerning Vietnam: its third Universal Periodic Review (UPR) cycle.

This particular UN mechanism – which only came into play on the world stage during the past decade – is where a state would undergo peer-review put on by other countries regarding its human rights’ records every 4.5 years.

It is doubtful that the word UPR is popular, even in the West.

But the January 22, 2019 event had attracted over 90,000 Vietnamese to tune in and watched to date, with over 4,000 comments and over 1,000 reactions on a live-stream posting by the Facebook page UPR Vietnam.

UPR Vietnam is a collective effort of independent CSO workers in the country who want to bring more awareness of the human rights conditions in Vietnam to its people.

Of course, comparing the number of people who went online to watch a UN’s human rights event to a football match does not mean much. But it is only fair if we put it within the context of Vietnam’s political background so that we could see why this group of viewers does show a different side of the country.

Vietnam is probably a mini version of China with more free internet. That is one of the simplest ways – yet quite correct – to envision the country and its political structure.

For almost 80 years in the North and more than 43 years in the entire country, the Vietnamese Communist Party ruled the state under a dictatorship.

In Vietnam, there is no other political party. The VCP is the only political force.

Young children would be indoctrinated at an early age when they joined the Communist Youth League.

When they grow up, becoming a member of the VCP could also mean being part of a privileged class because the Party is the leading force that runs the country.

VCP members take the majority in all branches of the government. The decision of the VCP’s Politburo would trump all others.

Ho Chi Minh was taught to be loved and admired, even worshipped as the one hero who liberated his people from French colonization. History books spent 90% of the time teaching only historical events happened after 1945 and about how the VCP came to absolute power.

The intent is clear and simple, to ensure that no one should have even the slightest doubt about the perpetuity of the VCP’s leading role in Vietnam.

Not a single sign of dissent has been tolerated by the regime, especially in recent years.

During the past two years, the political will of the VCP seemed to have hardened with 97 arrests of political dissidents compares to 43 in 2017, and 18 in 2016.

The most significant difference between Vietnam and China is probably the fact that the government has failed to build a “Great Firewall” which let the internet and social media became the much needed civic space where people could come together and discuss current affairs and politics.

That online space is now under threat with the new cybersecurity law that was passed in June 2018 and took effect on January 1, 2019.

Along with the new law, a more rigid approach by the VCP in dealing with its own members also emerged.

At the end of 2018, a well-respected intellectual and a long-time VCP member – Professor Chu Hao – was disciplined by the Party in a series of events which some people have dubbed “the VCP’s waging war against intellects.”

It seemed, however, the Party and its leader, Secretary General Nguyen Phu Trong, were only acting in line with their manifesto.

The hope that the Party would reform itself and be tolerable to the ideas of forming democratic institutions and the rule of law which some people might have carried on throughout the past four decades, seemed to have ended bitterly with the former Deputy Minister Chu Hao’s withdrawing himself from the Party.

Getting over the status quo is never easy for any given society, not to mention one that has been under decades of authoritarianism.

The fact that there is still a minority group of people (most of them are under 40-year-old) who – despite being born and grew up in such a political context – still cares about human rights does matter.

It matters because only five years ago, during the last UPR cycle, not a lot of people in Vietnam know much about human rights and could care less about the UPR process.

It matters, even more, when the one recommendation from the Czech Republic to Vietnam during this UPR cycle, asking the government to allow political pluralism and democracy in the country, also became one of the most read news of January 2019 on Luat Khoa online magazine just 24 hours after being published.

Recognizing that there is a small, young sector of the population who is still willing to speak up when faced with harassment and even imprisonment as the government hardened its oppression methods, is, therefore, essential.

It is the other image of Vietnamese that the world needs to take notice because we are more than just a fun, tropical travel destination with good foods and hard-core football fans.

Although a new draconian cybersecurity law went into effect earlier this year, there are still people who refuse to censor themselves or curb their online activism in any way.

Instead, they have continued fighting for what they believe is right.

They are the drivers protesting against BOT An Suong, the lawyers and activists exposing the government’s wrongdoing in Loc Hung vegetable garden’s forced eviction, the environmentalists trying to save the rainforest in #SaveTamDao campaign, and many more.

Continue Reading

Trending