Connect with us

Human Rights

Will #MeToo finally have its break in Vietnam?

Published

on

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.

Human Rights

Tran Huynh Duy Thuc: A Decade Behind Bars

Published

on

By

Nine years ago, on January 20, 2010, the People’s Court of Ho Chi Minh City convicted Tran Huynh Duy Thuc, Le Cong Dinh, Le Thang Long and Nguyen Tien Trung under Article 79 of the 1999 Penal Code for “subversion against the people’s government.”

Tran Huynh Duy Thuc was sentenced to 16 years in prison and five years probation which technically meant five more years under house arrest.

Thuc was arrested in May 2009, and for almost a decade, the unique case of a successful entrepreneur turned dissident continued to be the highest profile among the hundreds of political prisoners and dissidents in the country.

Article 79 has faced harsh criticisms from the international community.

During Vietnam’s 2nd UPR cycle in 2014, the Vietnamese government accepted the recommendations to amend this and other arbitrary penal codes under the “national security” section, to ensure they would not be used to infringe the people’s human rights.

However, in reality, the amended Penal Code of 2015 did not change the situation in any way. The crime “subversion against the state” remains as Article 109 under the new code.

Thuc’s indictment described his criminal conducts included the act of forming and persuading people to join the Chan research group, to write and publish online articles defaming the government, creating division among the Vietnamese Communist Party.

The prosecution further alleged that he had attempted to reach out and establish a relationship with leaders of the VCP, with the intent of re-shaping their political opinion to change the regime, and that he had planned to manufacture a document named “The Vietnam Path” to subvert against the State.

The Vietnamese government’s point of view on “subversion against the State” is often not shared by the international community, especially democratic nations in the West.

The heart of the problem lies in Section 1, Article 4 of Vietnam 2013 Constitution which states:

The Communist Party of Vietnam – the Vanguard of the Vietnamese working class, simultaneously the vanguard of labourers and of the Vietnamese nation, the faithful representative of the interests of the working class, labourers and the whole nation, acting upon the Marxist-Leninist doctrine and Ho Chi Minh’s thought, is the leading force of the State and society.

Because of this political monopoly, the VCP and the State of Vietnam became interchangeable in the mind of Hanoi’s regime.

The leaders of the VCP would not hesitate in sentencing people who hold a different political philosophy than theirs to prison for decades because questioning the ultimate leadership of the Party equates “overthrowing the government.”

This viewpoint effectively puts the VCP at odds with the universal values of human rights, in particular, the right to freedom of expression where holding a different political opinion, calling for pluralism and a multi-party system cannot be deemed criminal.

In Tran Huynh Duy Thuc’s case, the defendants were also found guilty because the government further alleged that they were members of the Democratic Party and had started to write a new constitution.

As one may correctly guess, organizing a political party in Vietnam – as in Thuc’s case – could also be construed as an act to “subvert the government.”

Vietnam, at press time, has only one political party.

Thuc has received the offer to be released into exile on numerous occasions, but he turned them down, stating that he would finish his full prison term instead of having to leave his home country indefinitely.

The offer to be released into exile to political prisoners in Vietnam is not a release.

It is more like a suspension of the sentence for either medical or humanitarian reasons. The released prisoners would not be able to come back to Vietnam, effectively being banned from their own country.

When the Penal Code was amended, Thuc’s attorney has argued that the government should release him according to Section 3 of Article 109. Because at most, the evidence provided by the prosecution could only show that the defendants were in “preparation” to commit a crime under Section 3, with the maximum sentence of five years.

His petition to review the case has gone unanswered.

On December 13, 2018, Julie Ward, a Member of the European Parliament representing the North West of England, sent a letter to the President of Vietnam – Nguyen Phu Trong – (who is also the leader of the VCP), calling for an unconditional, in-country release of Tran Huynh Duy Thuc. The letter addressed the concerns over allegations from his family that he had suffered abuse in prison.

A group of the EU Parliament’s MEPs, including Ms. Ward, has stated in more than one occasion that the release of prisoners of conscience like Tran Huynh Duy Thuc would be a critical condition for them to support the EU-Vietnam FTA.

On this 9th anniversary of his conviction, U.S. House Representative Zoe Lofgren also called for Tran Huynh Duy Thuc’s release and denounced the mistreatment of political prisoners by Vietnamese authorities.

Continue Reading

Land's Right

Timeline Of The Loc Hung Garden Incident

Published

on

By

Loc Hung Garden After the Forced Removal on January 8, 2019. Photo Courtesy: Facebook Nguyen Tri Dung.

The forced eviction at Loc Hung vegetable garden in Saigon on January 4 and 8, 2019 joined the long list of land disputes between the people and the State of Vietnam. We are putting together a timeline of events that have happened to date and will continue to update as this story develops.

December 20, 2018

News about a possible forced eviction came about on December 20, 2018, on social media. Blogger and human rights activist, Pham Doan Trang, reported on her Facebook that according to the residents at Loc Hung, 50 local police officers from different forces in Ward 6 of District Tan Binh showed up at the garden area, demanding the residents to allow them to perform an administrative check. By 1:30 p.m., the police withdrew.

December 29, 2018

The People’s Committee of Ward 6 issued an announcement, stating that they would begin a forced removal of all illegal constructions that were built after January 1, 2018, which also notified the residents that the time for such removal would take place within 90 days from January 2, 2019. It is unclear if all residents received the announcement.

January 3, 2019

During the night of January 1, 2019, the residents announced on social media that the local authorities have brought in barbed wires, frequency disrupting machine, forklifts, and bulldozers to the garden’s area.

January 4, 2019

At daybreak, a group of some 400 people from different police and security forces showed up at Loc Hung and began to block street access to the garden, starting from the Bay Hien intersection to Thanh Thai and To Hien Thanh streets. The removal of some 40 houses lasted from 7:30 A.M. until 6:00 P.M., during which time 20 people were arrested and taken to the Ward 6’s police station for opposing it.

The residents insisted that they had never received any order for such removal.

January 7, 2019

During the night, hundreds of police officers and civil security personnel were ordered to go to Loc Hung where the public speakers – on high volume – were announcing the government would only remove illegally built constructions. Cao Ha Chanh, one of the persons serving on the board of representatives for the families living at Loc Hung, recalled that the removing force still did not provide the people with any legal documents regarding the order to remove before they started to take down the homes.

January 8, 2019

Starting at 5:30 a.m., approximately 1.000 officers from different police forces and others entered Loc Hung garden. Similar to what happened on January 4, 2019, the authorities blocked off the streets leading to the area by putting up the barbed wires. To gain entry, people must show the police their identification. As soon as they arrived, they began arresting those residents identified as “leaders” in the community, including Cao Ha Truc.

Electricity and internet were cut off in the area. By 7:30 A.M., the forklifts and excavators were put to work as the authorities began to tear down the residents’ homes. By the end of the day, all of the houses at Loc Hung garden were demolished. The residents estimated there were about 200 homes.

Among the now homeless people were some 20 disabled veterans who served in the former South of Vietnam’s military who do not have a family and they were being taken care of by the residents and the priests from the Redemptorists Church.

On the same day, Amnesty International – Southeast Asia office – publicly denounced the Vietnamese government’s decision to remove the houses forcefully belong to Loc Hung’s residents.

January 9, 2019

In the early hours of the day, the police released Cao Ha Truc and other residents who got arrested the day before.

The Ho Chi Minh City Police Department’s newspaper was among the first state-owned media reported on the removal of Loc Hung Garden’s houses, which the government estimated to be around 120 in total. Accordingly, the People’s Committee of Ward 6 stated that the removal of the illegal constructions was carried out under proper legal procedures.

January 10, 2019

Tuoi Tre and a few others also reported the story, mostly to allow the District Tan Binh’s authorities to make their argument public, that they have only “enforced the removal of illegal constructions on a public area and not a forced eviction in a land recovery matter.”

Further, the People’s Committee of Tan Binh District confirmed with the media that they had followed the proper legal procedures when organizing the enforcement team to take down a total of 112 construction projects without a permit at Loc Hung between January 4-9, 2019.

January 11, 2019

Chris Hayes, a Labor Party’s member of the Australian Parliament, and a Vietnamese-Australian bishop, Vincent Nguyen Van Long, both called on the Vietnamese government to cease from enforcing the removal of Loc Hung resident’s houses, stating that it is a violation of the people’s freedom of religion and belief.

On the same day, the Secretary of the Vietnamese Communist Party’s Ho Chi Minh City division, Nguyen Thien Nhan spoke about Loc Hung for the first time.

VnExpress quoted him saying: “there are many things which should be normal, but those who are plotting against the government would still abuse them to incite (others). As seen in a few cases in 2018, the city had learned from our experience so that we would not confront the people, but we will use propaganda activities to let them understand.”

January 12, 2019

The local authorities put up a large panel in the area, announcing a public construction was going to be developed after the removal team had flattened out the entire Loc Hung vegetable garden. On the same day, some of the residents met with a group of lawyers who have expressed interest in providing legal assistance.

January 13, 2019

The Committee for assistance in the development project regarding the public school at Ward 6, District Tan Binh, HCM City (the project to be developed at Loc Hung) announced the assistance policy that the District was going to be provided for those who were farming on the land. Accordingly, on January 10, 2019, the People’s Committee of HCM City approved the assistance proposal for those who have been using the land at Loc Hung garden for agriculture purpose at the rate of 7,055,000 VND/m2.

Attorney Trinh Vinh Phuc published a few photographs of the documents provided by the residents of Loc Hung in support of their claim for legal possession of the land.

January 14, 2019

At 9:00 A.M. a group of religious leaders of the Interfaith Council together with some of the priests from the Redemptorists Church in Saigon went to visit the residents of Loc Hung. In the afternoon, Bishop Paolo Nguyen Thai Hop also came to visit at around 3:00 P.M. During both the morning and afternoon visits of these religious leaders, the local government used loud public speakers to interfere with their prayers and speeches to the residents.

Summary of Factual Disputes Regarding Loc Hung:

The disputed land consists of 4.8 hectares in Ward 6, District Tan Binh, which includes parcels 126-5, 128-5, 129-5, and 131-101-5 according to the No. 12 Map (of the old recordings). The location of the land is as follows: the North West touches Alley 9/24 Cach Mang Thang Tam Street, the South West touches Hung Hoa Street, The South East touches Chan Hung Street, and the North East touches the current existing residence.

The People’s Committee of Tan Binh District claims this land is public because, before April 30, 1975, it was under the management and control of the former Republic of South Vietnam’s Department of Telecommunication and was used as a telecommunication tower. After April 30, 1975, the new government took control of the land according to Decision 111/CP dated April 14, 1977, issued by the Government Council, and continued to use the telecommunication tower.

On the contrary, Loc Hung’s residents claim that the original owner before April 30, 1975, was the Catholics Church of Vietnam who had granted them the right to farm on such land. After April 30, 1975, the residents continued to live and farm on the land undisrupted and without dispute with other people. After the Law on Land 1993 took effect in Vietnam, the residents have been petitioning the government in almost 20 years for the right to possess and usage of the land. However, the government did not respond to their petitions.

(To Be Continued)

References:

Loc Hung Vegetable Garden Continues To Be Harrassed (RFA-Vietnamese)

Loc Hung Vegetable Garden “Devasted after Forced Removal” (BBC-Vietnamese)

Loc Hung Vegetable Garden Under Siege (BBC-Vietnamese)

Forced Removal of 110 Households Was Done According to Law (HCM City Police Department Newspaper)

Forced Removal of 112 Illegally Constructed Houses in The Vegetable Garden (Tuoi Tre)

Tan Binh District Speaks About the Forced Removal at ‘Loc Hung Vegetable Garden’(Vietnamnet)

Australian MP and Vietnamese-Australian Bishop Speaks Up About Loc Hung Incident (RFA-Vietnamese)

HCM City Forced Removal of 112 Houses Built on Public Land (VNExpress)

Tan Binh District Provides More than 7M VND/m2 in Assistance for Loc Hung Vegetable Garden (Tuoi Tre)

Continue Reading

Human Rights

Vietnam Rings In 2019 with More Restrictions on Citizens’ Freedoms

Published

on

By

During the last week of December 2018, Vietnam’s state-owned newspapers flooded the country’s social media with articles on rules and tips for writing and blogging in a new era of internet usage, all in preparation for the 2018 Cybersecurity Law taking effect on New Year’s Day.

In the days leading to the country’s cyber D-day, on December 30, 2018, with the headlines “How to Write to Express your Political Opinion on the Internet without Violating the Law?” Tuoi Tre online newspaper essentially summarized the ultimate paradox for people living under one of the most repressive countries around the world.

While the article elicits opinions from a wide range of interviewees, from intellects and heads of certain IT firms to regular social media users, they all repeat the same government’s mantra: practice self-censorship and avoid criticism of the Party and the state, so that you can have the right to express yourself.

Like the headlines itself, the “opinion” of the group of people interviewed in this article seems to be blissfully ignorant of the international standards for freedom of expression, in particular, Article 19 of the International Covenant on Civil and Political Rights, where a government not only cannot criminalize people for stating their political opinions but is also not allowed to censor them.

It is not surprising that the article of Tuoi Tre did not consider critical opinions of the government to be worthy of political opinions and instead endorsed the same old government’s propaganda which had been recycled throughout the past seven decades, that one could have an opinion about anything in Vietnam, except those that criticize the Party and the government. After all, all newspapers in the country are considered to be the arms and legs of that propaganda machine.

Another leading newspaper in Vietnam, Thanh Nien, also published an article on December 29, 2018, warning people to steer clear of “The 14 Ways to Violate the New Cybersecurity Law” with the first paragraph declaring the use of social media “to gather and call on other people to incite disorder” among the prohibited acts. The language of this paragraph is nothing new; it is the same as Decree 38 which has been used for regulating public gatherings in Vietnam, an ordinance that legal experts in the country have repeatedly questioned its constitutionality since its issuance in 2005.

Praising the accomplishments of the Party and the state, as well as reciting their propaganda, are not only welcome but also considered to be parts of the Vietnamese journalists’ obligations according to the “Code of Conduct” published by the Vietnamese Journalists Association (VJA).

The VJA, however, is an organization formed by the government according to its Media and Press Law of 2016 (link in Vietnamese), and these obligations are statutory. The Vietnamese authorities may think that by legislating journalists’ conducts, it would give them the appearance of a society that respects the rule of law. However, in reality, perhaps the only thing such laws could further demonstrate would probably be the systematic abuse of press freedom in the country.

Nevertheless, the Vietnamese government is now ready to roll out the “code of model behaviors” for people who use social media in the new year, and the VJA has taken an extra step this past week with the announcement of its “Eight Rules for Journalists to Behave on Social Media” on December 25, 2018.

Among others, most notably is the requirement that journalists are not to “post any news, articles, pictures, or audio recordings on social media or repost speech and opinions in opposition to the way, policy, and guideline of the Party or the State.”

Not stopping at that, the new rules for journalists according to the VJA also require that while online, they are not going to “comment, give an opinion or share any information which contains the purpose of inciting or engaging others to react negatively, as well as those issues that are political, economic, cultural, societal, relating to defense security, and external affairs,…with complexity and sensitivity which need consensus as well as positive and constructive observation and behaviors for society”.

Effectively, the new arbitrarily worded regulations for journalists, when being applied together with the new cybersecurity bill, could mean that the sharing of any information considered to be critical of a proposed law, such as the still pending draft bill on the Special Economic Zones which ignited the nationwide protests in June 2018 for example, may be deemed illegal and criminal by the government starting in 2019.

At the same time, state-owned media in Vietnam also welcomed the news of the CP-TPP (Comprehensive and Progressive Agreement for Trans-Pacific Partnership) taking effect at the end of December 2018. In the new year, Vietnam continues to push for the EU-Vietnam Free Trade Agreement to be ratified by the EU Parliament in March 2019. Both of these trade agreements demand serious improvement on the human rights situation in Vietnam, directly and indirectly.

However, in 2018, The 88 Project reported:

– Vietnam arrested 103 people (up from 43 in 2017)
– 120 activists were tried
– At least 22 of those who tried were females
– 35 had known religious affiliations
– 11 were sentenced to between 10 and 14 years
– Two received the sentence of between 15 and 19 years
– One person, Le Dinh Luong, was sentenced to 20 years

In total, 210 people are serving jail sentences for their peaceful activism in Vietnam with 19 more await trial.

Whether the Vietnamese government will yield to international pressure and improve its human rights records, or follows through and starts enforcing the new suppressive law on bloggers and journalists in 2019, the message from the activists’ community is unanimous: they will continue to write and express their opinions regardless. Before the Cybersecurity Law of 2018, Vietnam already has enough penal codes to send their political dissidents to prison for a long time.

Continue Reading

Trending