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Will #MeToo finally have its break in Vietnam?

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Photo credits: Alex Ivashenko/Unplash.com

In the late evening of April 18, 2018, many journalists in Vietnam began to share on social media a story that could come with the power to shatter the nation’s culture of playing down sexual harassment in the workplace and silencing victim.

A female intern at Tuổi Trẻ newspaper was rumored to have attempted to commit suicide and was hospitalized, after alleging that she was raped by her superior. Tuổi Trẻ is considered one of the largest – if not the largest – state-owned newspaper in Vietnam, owned by the Ho Chi Minh City Chapter of the Communist Youth Union.

By the next day, information about the alleged attacker surfaced, again, via social media.

Tuổi Trẻ – while along with some 800 other state-owned media did not publish an official story – yet did announce that they have suspended journalist Đặng Anh Tuấn – whose pen name is Anh Thoa – the Head of Tuổi Trẻ television news because of the allegations.

But at the same time, the editorial board denied in the same announcement that the intern was admitted to the hospital due to an attempted suicide.

On April 20, 2018, the faculty at the university where the victim is enrolled, delivered a deadly blow to Tuổi Trẻ’s editorial board.

In possibly one of the very first moves ever done by a university in the country for cases involving sexual harassment of their students, the Head of the Department of Journalism and Communications of The Vietnam National University Ho Chi Minh City sent an official letter to the editorial board at Tuổi Trẻ, demanding them to perform a formal investigation and provide the public with an explanation.

What surprised people was the fact that the faculty of the university stood by their student’s allegations by clarifying and denouncing Tuổi Trẻ’s description of her conditions in their press announcement.

The letter read, in parts:

“We would like to bring your attention to this specific issue so that it could be dealt with directly, that Student ‘Doe’ has endured a prolonged period of psychological trauma which produced catastrophic effects on both her physical and mental health, which in turn deteriorated her health and led her to face the negative decision concerning her life.”

The current story of the female journalist intern from Vietnam resembles very closely the ordeal of Japanese journalist Shiori Ito last year, who went public with the allegation that veteran journalist, Noriyuki Yamaguchi, raped her in April 2015.

But while Ms. Ito currently has to fight not only her ongoing legal battle but also a culture that preferred silence and shaming victims in a country like Japan – where #Metoo could not quite take off – the situation may be different in Vietnam this time.

It is encouraging to see that Vietnamese men and women – especially women – from all walks of life came out in support of the victim. The hashtags #MeToo and #letherdoherjob have been surfacing on Vietnam’s social media since Wednesday’s night, and they keep spreading.

First, other female journalists shared equally horrific stories about how they and their female colleagues too, were harassed and assaulted at works.

The amount of compassion – from journalists who used to work at Tuổi Trẻ – for the victim is also comforting to know. The reactions from many of the popular and veteran journalists on social media in the country are also positive.

The message from the majority was actually quite simple and clear: speak up if you have been a victim or know a victim; and call on Tuổi Trẻ to perform a thorough investigation and be transparent and accountable to the victim and the public.

But make no mistake that the culture of victim blaming and silencing does not exist in the country.

On the contrary, as in any other patriarchal society, Vietnam carries its own baggage, full of prejudice against female victims in most of the sexual harassment and sexual violence cases.

In Vietnam, while sexual harassment in the workplace was recognized in the Labour Code for the first time almost three years ago in May 2015, many victims still do not speak up or come forward with their stories.

One reason could be that there are still no clear and well-defined legal definitions for conducts that would constitute sexual harassment.

According to CARE, an international organization working on gender-based violence in Hanoi, Vietnam, 78.2% of victims of sexual harassment in the workplace are women.

Without a clear legal framework to protect them, female workers in Vietnam dare not to speak up because they are afraid of losing their job.

In 2014, ActionAid International Vietnam reported that their survey of over 2,000 women in Hanoi and Ho Chi Minh City revealed, that 87% of those answered have been a victim of sexual harassment in public where 67% of the bystanders who witnessed such conducts did nothing to help the victims. 31% of female students also reported that they were sexually harassed in public.

Many of the stories published on social media in Vietnam in the past two days seem to show a pattern. The perpetrators often targetted young interns who are still in school or female employees who are freshly minted from college.

Inexperienced, young, and in need of a job, the victims – who are also facing a culture that got influenced heavily by Confucianism with very strict standards when it comes to gender roles – would incline to choose to quit their jobs and internalize their emotional wounds rather than speaking up against the perpetrator.

Yet, now, there is hope with the latest case involving the Tuổi Trẻ’s intern.

In the past two days, Facebook statuses have shown an influx of stories of similar experiences and offers of support.

People published allegations of sexual harassment and misconduct against the Director of the largest legal online research company in the country, Thư viện Pháp luật (The law library) online. This story again was a rumor among the legal professionals but never brought to broader public attention.

Female activists in the country already start calling on people to use the hashtag #MeToo. And while it is true that we still have to continue looking out for development, it is not too early to say that #MeToo has made an important breakthrough in Vietnam where many have begun to say, Vietnam needs #MeeToo now.

Fair Trials

Self Immolation in Vietnam: A Victim of Injustice’s Agonizing Act In Defiance

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Mr. Bùi Hữu Tuân at the scene. Photo credits: Facebook Trịnh Bá Phương

In the afternoon of July 2, 2018, a man committed self-immolation in the center of Hanoi, Vietnam’s capital city, a few steps away from the Central Citizen Reception Committee’s office on Ngô Thì Nhậm Street.

He was later identified as 58-year-old Bùi Hữu Tuân, former village chief of Đạo Ngạn Village, Hợp Đồng Ward, Chương Mỹ District, Hanoi.

The victim is now in critical conditions with severe burns to the whole body.

Mr. Tuân was charged with Article 356 of Vietnam’s Penal Code for “abusing official position, power in the performance of official duties.”

He was supposed to begin his sentence of 3-year-imprisonment today, July 3, 2018. In the last act of defiance, one day before its commencement, he desperately protested the injustice of the trial and his conviction.

He was charged, tried, and convicted with not only insufficient evidence, but the evidence at trial showed that the prosecution did not even have any evidence for one element of the crime they had charged him with.

His son told VOA Vietnamese in an interview on July 2, 2018, that after Tuân failed to get the Central Citizen Reception Committee’s office agreed to halt his sentencing while reviewing his complaint to the Government Inspectorate, he went outside and committed the self-immolation.

Article 356 prescribes: “Any person who, for personal gain or other self-seeking purposes, abuses his/her power or position in performance of official duties to act against his/her official duties and as a result causes property damage of from VND 10,000,000 to under VND 200,000,000 or infringes upon state interests, lawful rights and interests of another organization or individual shall face a penalty of up to 03 years’ community sentence or 01 – 05 years’ imprisonment.”

From Pháp luật Thành phố Hồ Chí Minh (The Law – Hochiminh City) newspaper, the most damning evidence against Tuân was that he – as the village chief – allegedly accepted money, along with the requests of some 23 families in the village, to ask the local government to give them lands to build their ancestors’ shrines and worship places. Yet, none of this money went to Tuân or any of his two co-defendants, as it was donated to the village.

The local procuracy’s office (the prosecution in Vietnam) and the court further alleged that he had overstepped his authorities in giving out land slots to the villagers, and thus had committed a crime under the above penal code.

According to them, he had abused his “official duties” even though some people questioned whether the village chief position could be considered an “office”.

At the trial court level, Tuân was convicted and sentenced to the maximum term prescribed by law: 5-year-imprisonment. The appeal trial upheld his conviction but reduced the sentence to 3 years.

The appellate court’s decision in upholding his conviction with actual imprisonment was the last straw for Bùi Hữu Tuân, and he committed the unimaginable act of setting himself on fire.

From a legal standpoint, Tuân was correct in protesting his conviction and his sentence because the first element of the crime “abusing official position, power in the performance of official duties” seemed to have been conveniently ignored throughout his criminal proceedings.

In the same article published back in November 2017, Pháp Luật newspaper reported that it was established at trial that all of the money which Tuân and his co-defendants received from the villagers, was donated to various community services projects in the village.

Neither Tuân or any of his co-defendants had used any portion of the money for personal gains.

In other words, it is almost certain that the prosecution would not be able to prove the first element of the crime alleged against him, that he did commit an act for personal gain or other self-seeking purposes.

Worse, the evidence further showed that Tuân did submit the villagers’ requests to the ward’s officials, asking them to give out the land to people for burial and worship purposes. Pháp Luật newspaper also wrote, back in November 2017, that they had interviewed the villagers independently and were told that the local officials were present, at all times, to survey the land with the defendants.

And while Tuân and two of his deputy chiefs were tried and convicted, none of the ward’s officials had to face criminal charges even though the same evidence could be used against them.

By the same token, it could be argued that if the evidence were not enough to file charges against the local officials, then it certainly would not be enough to convict Tuân and the co-defendants.

Undeniably, Tuân’s trial and conviction again delineate the inefficient and broken legal system in Vietnam where people can be charged, tried, and convicted with no evidence to prove the required elements of the crime.

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Freedom of expression

“Minds” over Facebook: Vietnamese Netizens’ Great Cyber Exodus?

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Photo Credit: Adorkableaznbunny

In the past two days, the “F-Generation” of Vietnam started what seems to be an online exodus when many well-known Facebookers announced that they are moving on to Minds.com – an alternate platform for social media.

The “F” in F-Generation stands for “Facebook” as the online social media giant has a dominant presence in the country where some statistics raised the number of users to be between 50 to 60 million.

For about two months, people had been protesting both online and offline against the latest Cybersecurity law which was passed by an overwhelming 86.86% of the National Assembly.

The law raised concerns over Internet users’ privacy, people’s freedom of expression, and their right to access the Internet.

Brad Adams, Asia director at Human Rights Watch, declared: “This bill, which squarely targets free expression and access to information, will provide yet one more weapon for the government against dissenting voices. It is no coincidence that it was drafted by the country’s Ministry of Public Security, notorious for human rights violations.”

In less than two days, some of the prominent Facebookers have received thousands of subscribers over at their freshly minted Minds accounts.

In the same time, reports of pages and personal accounts have been taken down by Facebook also surfaced.

Trương Thị Hà, a victim of police brutality during the last “Black Sundays” protest, announced on Minds this morning that her account has been deactivated by Facebook.

After she posted a letter to her university professor, asking him to explain why he stood there while the police brutalized her during her detention after the protest, that very post was deleted for “violating Facebook community standards” at about 8:30 a.m. Then, her entire account seemed to have disappeared by 10:40 a.m.

According to author Claire Bernish who wrote about Minds back in June 2015, Facebook could finally meet its match. Minds gives users the familiarity with many features they have already accustomed to on Facebook while commits to protecting their privacy.

“Minds takes the government’s eyes out of the equation by encrypting private messages and using open-source code that any programmer can check,” Bernish explained.

“We are a free and open-source platform to launch your digital brand, social network, and mobile app. We are also a social network ourselves. It is a global social network of social networks,” the Minds team declared.

The hacker collective Anonymous also backed Minds, citing the fact that the founders of the new online social media shared the same vision of those who use the Internet for activism.

According to the Wired UK: “Two of those on the Minds team – Bill Ottman and Lori Fena – have strong backgrounds dealing with privacy and freedom of expression issues and are both known for their internet-related activism. It is likely these are the type of people that the company is hoping to attract – those with a cause, who want to build something and share it openly with others who may also have a cause.”

President Trần Đại Quang signed the Cybersecurity bill into law on June 25, 2018, although some 27,000.00 signatures of citizens who had expressed their objection to the proposal of the law, were delivered to his office during the prior weekend.

It seems as if the activists and human rights defenders from Vietnam might have found a friend in Minds because the reason they chose Facebook in the first place, was to use the platform as a tool to advance a cause: promoting human rights and democracy in the country.

While not all of them agreed to the solution of leaving Facebook and saw that as a sign of defeat, the silence from Facebook during the last two months as the Cybersecurity law stormed the nation could force many activists to reconsider whether to continue to use it as their primary platform. Most are still using both platforms, but all seemed to agree that if Facebook agreed to comply with the new Cybersecurity, then it could mean they will have to leave for good.

Vietnamese netizens are no strangers to such online “resettlement.” Back in 2009, when Yahoo 360 blog closed down its operation, Facebook quickly became the next best choice in the country.

Almost ten years later, while Facebook could still enjoy its reign in the country as the most used online social media platform, the power of Vietnamese users should not be underestimated by anyone.

Afterall, Vietnamese are a group of people whose contemporary history entwined with mass migration and exodus. They have a lot of experience with starting over, yet again, and they will not be afraid to do so.

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Human Rights

Black Sundays Report: Vietnamese People’s Response To Police Brutality During June 2018 Protests

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Photo Credit: Nhật Ký Biểu Tình/Protestors' Diary Facebook Page

Civilians, victims of police brutality and arbitrary detention, academics, activists, researchers, and a lot more people from all walks of life inside and outside of Vietnam got together and produced a report on the two “Black Sundays” of June 10 and June 17, 2018.

It is the Vietnamese people’s unified and firm response to the vicious repression by the government during the latest rounds of protest in the country.

According to the Facebook page of Nhật Ký Biểu Tình (Protestors’ Diary), copies of the report have been delivered to the UN OHCHR, other international NGOs working on human rights as well as various foreign embassies.

The full report can be downloaded here.

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