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Vietnamese Government Celebrates National Day By Violating Its Own Constitution

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Today| marks the 73rd year since Ho Chi Minh stood at Ba Dinh Square on September 2, 1945, and proclaimed that all people shall enjoy their natural rights in the pursuit of happiness. Thus, it is quite hard to imagine that the current regime – who is supposedly following Ho Chi Minh’s teachings – has decided to mark such an auspicious occasion with a stern, yet illegal, warning to all citizens: do not go out and protest.

But that is precisely how the Vietnamese authorities have decided to honor the birth of their nation this year, by loudly ordering the people not to participate in any form of public demonstration on Vietnam’s Independence Day.

Throughout August, high-ranking officials in the Vietnamese Communist Party have taken turns assaulting the human right to assembly, a right enshrined in Vietnam’s 2013 Constitution.

First, it was To Lam, head of the Ministry of Public Security (in charge of the national police force). Lam assured the Standing Committee of the National Assembly on August 13, 2018, that the police would take all possible measures to prevent people from participating in protests after he was admonished by Committee members for the mass protests that took place in June.

A few weeks later, Hanoi city leader and high-ranking police official Nguyen Duc Chung also vowed that he would not allow “any crowds to publicly gather” under his watch during Independence Day weekend.

Several state-owned media outlets during the past week “coincidentally” published articles condemning both the June 10th protestors and the call on social media accounts for a nationwide protest on September 2nd. The government seems to blame overseas groups, some of which have been declared “terrorist organizations” in recent years by Vietnamese authorities.

News has also surfaced both on social media and on official news agencies that the police have arrested a small number of individuals disseminating information “against the state”, including one who was caught trying to enter Vietnam through Cambodia with several weapons.

Minister To Lam has publicly congratulated the police forces of Binh Dinh and Phu Yen provinces for arresting the armed individual whom the government believes to be a member of Viet Tan, one of the aforementioned overseas groups. Viet Tan denied this accusation on the same day the individual was arrested.

While no protest broke out today, the political sphere remains tense, and Vietnam is not in much of a celebrating mood compared to previous years.

The Special Economic Zones draft bill is still dangling over citizens’ heads. The people are continuously wary of their country becoming ever more dependent on China.

The government is not exactly helping, with the national bank announcing last Thursday that the Chinese renminbi could soon be used in trading activities along the country’s northern border, starting in October.

There were also reports of the internet being down – again – due to cable issues during the last week of August (the fourth time in 2018 thus far). In Vietnam, internet outages often “coincide” with periods of social and political turmoil, as was observed when Vietnamese protested the Taiwanese steel mill, Formosa Ha Tinh, back in May 2016.

Earlier this month, activists were also brutally assaulted by police officers for simply gathering at a small concert in a Ho Chi Minh City cafe. Many of these activists were also placed under surveillance this holiday weekend.

Are the reactions from the Vietnamese government in August just overblown paranoia or do they have reason to fear the people?

It is difficult to say.

However, we do know from the writings of several state-owned newspapers that the government is extremely wary of anything remotely resembling the “color revolutions” or the Arab Spring in Vietnam. They prefer to take pre-emptive measures, using all means to prevent demonstrations, even if doing so would mean breaking their own laws and constitution.

Moreover, the Vietnamese government does not distinguish between peaceful dissidents and those who call for a violent overthrow of the government, and the case of one of their most famous political prisoners, Tran Huynh Duy Thuc, is the best example.

Thuc was sentenced to 16 years imprisonment back in 2009 for “subversion against the state,” and the evidence used to uphold the conviction included his writings pleading with the government to take rapid and immediate action to preserve economic growth and avoid over-dependence on China.

Before his arrest, Tran Huynh Duy Thuc was one of Vietnam’s most successful entrepreneurs, with the government unable to find any evidence of wrongdoing within his multi-million dollar business after raids. Western countries have offered Thuc political asylum on multiple occasions, but he refuses to leave his country to live in exile.

His latest defiant act—a hunger strike—protesting what he calls “an unjust judicial system,” again put the Vietnamese government in a predicament: they could not justify his imprisonment to the increasingly informed public. September 2, 2018 marks the 20th day of Thuc’s hunger strike.

Up until last month, Thuc had received the longest sentence for a political prisoner: 16 years imprisonment, followed by 5 years of house arrest.

In August, the record was surpassed by Le Dinh Luong, who was sentenced to 20 years imprisonment, again for “subversion against the state.” Luong was known by his peers as an activist who campaigned against the environmental destruction caused by corporations and development projects.

The VCP has managed – especially in recent years – to ensure that its human rights records rival that of its big Communist brother, China, with more suppression and harsher sentences against activists.

But will more suppression lead to a stable and peaceful society as the VCP hopes for, or will blurring “peaceful dissent” with “subversion against the state” further chip away at the government’s legitimacy? The answer remains unclear.

What we do know, however, is that history has never been on the side of regimes that refuse to engage in dialogue with dissenters, that refuses to heed the people’s discontent. One need only look at Vietnam’s own history to see this fact in action.

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Robbery Unwittingly Exposes Potential Corruption In Vietnam

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Comics about the BOT robbery exposing potential corruption on Tuoi Tre Comics. Photo courtesy: Tuoi Tre Cuoi.

The story first sounded like the twisted plot of a comedy about feudal Vietnam a few centuries back. It went like this:

Three bad guys robbed a court official’s post and shocked the township when news on the enormous amount of money the robbers had taken, spread like wildfire. The officials scrambled to explain the origin of the funds while trying to scale down its size, but only to raise even more suspicion on their corruption among the public.

It was, however, not a movie plot but a real story in Vietnam 2019 with a small difference: the location of the robbery was a well-known BOT (Build-Operate-Transfer) toll booth near Ho Chi Minh City.

During the Tet celebration last week, three men robbed the BOT booth of the Ho Chi Minh City-Long Thanh-Dau Giay expressway in Dong Nai Province. They allegedly took over 2B VND or approximately 86k USD at once. The amount was rumored to be from only one shift of the BOT’s collection activities that day.

Netizens were quick to point out that the robbery happened during the biggest holiday in the country where traffic flow through the main highways and expressways decreased dramatically in Vietnam, leading people to believe that the usual amount this particular BOT booth collects during a regular day would have been a lot higher.

The BOT’s owner – Vietnam Expressway Services Engineering Joint Stock Company (VEC E) – tried to diffuse the situation in an interview with Tuoi Tre newspaper on February 8, 2019, the day after, stating that the amount taken was collected from eight different shifts, not one.

But by then, the amount taken by the robbers was no longer the public’s primary concern.

Instead, people started to demand answers on the validity of the very existence of the toll booth. According to the Facebook page of journalist Ngo Nguyet Huu, the information on how long this particular BOT could continue to collect toll fees seemed to be missing.

Quick math on the average amount of money the BOT booth could generate daily raised more concerns over the potential sum that could have been taken illegally from the commuters if it indeed, did not have the authority to collect.

Some people had pointed out that the BOT booth in question has been operating long enough for it to recover the costs of construction and make enough money in return, casting more doubts on the legality of its existence.

To add fuel to the fire, on February 11, 2019, people on social media went livid when VEC E announced that it would refuse services to two particular vehicles at their Ho Chi Minh-Dau Giay BOT booth indefinitely, alleging the drivers of these cars “had incited disorder behaviors.” Its decision would have the effect of not letting these two cars use the expressway where the BOT booth is located.

Almost immediately, netizens started to call VEC E’s action “unconstitutional,” violating the people’s freedom of movement. Others questioned the company’s authority to enforce their decision. Although considered as a “quasi” government enterprise in Vietnam due to its investment structure, whether VEC E could act under “state action” is still debatable.

The people’s anger has caused the Transportation Department to immediately reassure the public on February 12, 2019, that it will not allow VEC E to refuse services and that all violations at BOT booths should be dealt with according to Vietnam’s administrative procedures.

Allegations of corruption involving BOT booths have been raised in numerous cases in Vietnam recently, and some saw VEC E’s announcement as evidence of BOT’s investors acting under the “protection” of the authorities.

A group of drivers acting as Vietnam’s freedom riders has been protesting against some BOT booths where they openly questioned the legality of some of these booths.

Their works faced intimidation, false imprisonment, and physical assaults by masked men in civilian clothes when they protested at or near the locations of these BOTs.

When these drivers tried to complain to the authorities but only received a slow, and sometimes even no response from the local police forces, the public began to suspect shady business deals between the owners of the BOT projects and the officials.

One of the latest incidents of intimidation happened just last Saturday night, February 9, 2019. A driver names Nguyen Quang Tuy alleged that he was physically assaulted and suffered significant injuries after getting involved in a minor dispute over payment types at Ben Thuy BOT in Nghe An Province.

More Vietnamese people have become vocal and voiced their complaints and discontentment about the BOT fees because they see these as unreasonable additions to the transportation taxes already imposed on them by the government for roads maintenance.

During the past two years, with more than 60 booths stationed throughout the country’s main highways and expressways, BOT is a social and political problem that could only get more severe with time.

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Vietnam: When Workers’ Rights Face Resistance From A Socialist Government

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Vietnamese factory workers. Photo courtesy: Betterwork.org

Vietnam’s dismal human rights records in 2017 and 2018 could play a role in delaying the ratification of the much anticipated European Union-Vietnam Free Trade Agreement (EV-FTA) this year.

A group of MEPs from across the EU Parliament’s political spectrum has repeatedly demanded that Vietnam improves its human rights conditions before they would vote on the trade deal.

The latest demand was a joint letter to President Nguyen Phu Trong on February 1, 2019, sent by nine MEPs on the case of Hoang Duc Binh, an environmental and labor rights activist who was sentenced to 14-year-imprisonment in 2018.

Releasing political dissidents and activists would indeed be a sensitive issue for the communist regime to compromise, even for the sake of clinching the ambitious EV-FTA deal where Vietnam could expect a 15% GDP gain.

But there has always been another human rights condition which one would assume that it should have received natural cooperation from the socialists in Hanoi: the ratification of the remaining three ILO (International Labor Organization) conventions.

That, however, has not been the case.

Vietnam, while rejoined the ILO since 1993, to date, has yet to ratify the following three conventions:

  • ILO Convention No. 87 – Freedom of Association and Protection of the Right to Organize Convention, 1948 (No. 87)
  • ILO Convention No. 98 – Right to Organise and Collective Bargaining Convention, 1949 (No. 98)
  • ILO Convention No. 105 – Abolition of Forced Labour Convention, 1957 (No. 105)

In late 2018, Vietnam ratified the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CP-TPP) where a specific clause (Article 19) also addresses similar conditions regarding labor and workers’ rights.

On the ground, the Vietnamese government is proposing a roadmap that could take almost five years to get all three ILO conventions ratified.

It is not fast enough for the EU’s MEPs, and as of right now, these ILO conventions continue to be part of the obstacles to move the EV-FTA forward.

Vietnam maintains that its current Labor Code and legal framework would protect the rights of workers in the country while waiting for the Draft of the amended Labor Code to be reviewed and passed by its Congress later in 2019, paving the way for the ratification of the ILO conventions to take place between now and 2023.

In reality, impracticality contradicts the government’s claim.

For example, it is not meaningful to discuss the right of association and the protection of the right to organize according to ILO Convention No. 87 when Vietnam, to date, has refused to pass laws on the freedom of association and the right to assemble and demonstrate although their Constitution of 2013 guarantees these rights to all of its people.

Participation in demonstrations, moreover, could likely lead to arrest, detention, and conviction for “inciting public disorder” in Vietnam.

In June 2018, mass protests broke out in a few major cities against the then pending draft bills of the cybersecurity law and the development of three special economic zones in Vietnam. In response, the police arrested and detained hundreds of people.

One of the “hot spots” considered by the police of Ho Chi Minh City as reported by state-owned media at the time, was near the Taiwanese Pou Yuen factory in Binh Tan District where some workers did join in the protests between June 9 and June 13, 2018.

According to the organization The 88 Project, more than 60 people were arrested, tried, and sentenced to between 24-36 months imprisonment due to their participation in those demonstrations. Some of them are believed to be factory workers from the outskirts of Ho Chi Minh City.

The legal system continues to create hurdles in the registration processes for independent organizations. It is an issue which the UN Human Rights Committee has brought up with Vietnam before its upcoming CCPR (Covenant on Civil and Political Rights) review in March 2019.

At the end of 2016, Vietnam had attempted – but failed – to pass the Law on Association when it faced a defiant opposition from civil society organizations, both registered and unregistered.

One of the reasons which caused the majority of NGO workers in Vietnam to go against the proposed bill then, was because it attempted to criminalize the receiving of foreign funding and gave preferential treatment to GONGO(s) (Government-organized non-governmental organizations).

The Vietnam General Confederation of Labour (VGCL) – the only labor union in Vietnam right now – is not only a GONGO but also takes directives from the Vietnamese Communist Party.

During his speech in front of the National Assembly on November 2, 2018, the Vice-Chairman of the VGCL, Ngo Duy Hieu, cautiously reaffirmed that the ratification of the CP-TPP requires Vietnam to recognize independent unions while tried to cast doubts on their credibility.

At the same time, the government has yet to legally recognize any organization – large or small – formed by private citizens that could remotely represent an independent union for workers.

Vietnam, in 2017, reported an estimated population of approximately 26M workers in a variety of different industries.

The possibility of getting arrested and jailed under the current legal scheme, however, did not seem to deter a portion of these Vietnamese workers from exercising their rights.

Protests organized by workers continued to happen in Vietnam regardless, with the most common reason often linked to improving wages and working conditions – which ILO Convention 97 on collective bargaining could help.

Indeed, the government probably has already anticipated that the ratification of the ILO conventions would encourage even more workers to come together and organize themselves, independent from the VGCL in the future, once the legal landscape changes.

It is a slippery slope that Hanoi fears as it may spread to other sectors in society, which could explain the cautious approach in their proposed roadmap for the ratification of the three ILO conventions.

Accordingly, Vietnam proposed that they will present the National Assembly with the Draft of the amended Labor Code in May 2019 and expected the new law would pass at the next congressional meeting in October 2019. Also in 2019, the President will present ILO Convention No. 98 to the National Assembly for ratification. Next, it would be ILO Convention 105 in 2020, and finally ILO Convention No. 87 to be presented in 2023.

The proposed roadmap by the Vietnamese government, however, seems to have failed to convince the EU Parliament that workers’ rights are being protected, enough to move the EV-FTA forward.

The European Council has delayed their vote for EV-FTA last month. With the deadline for amendments also get postponed indefinitely, it is unlikely that the current EU Parliament will vote on the EV-FTA before their upcoming election in May 2019.

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Vietnamese Communist Party Turns 89, And The People May Have Had Enough

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Hanoi during the VCP's anniversary celebration in 2017. Photo courtesy: Zing VN

February 3, 2019, the Vietnamese Communist Party celebrates its 89th anniversary.

In a recent speech to commend the auspicious event, Secretary General Nguyen Phu Trong wrote: “The Party stays strong, the country prospers, the people concur.”

However, on Facebook, the people’s reactions to both Trong’s writing and other propaganda, do not seem to show a public consensus as to the VCP’s leadership role in Vietnam.

Today, the users’ reactions to a posting on Facebook seem to suggest the Party’s legitimacy is being called into question by the very people it tries to lead.

A Facebook page names Vietnam’s Politics (Chính trị Việt Nam) identifies itself as a source for government’s news and uses a webpage domain of www.nguyenxuanphuc.org – which also is the name of the country’s current Prime Minister.

The website posted a piece of writing entitles “Our Party” (Đảng Ta) in celebration of the anniversary.

The writing did not deviate far from other propaganda materials in past decades, praising the accomplishment of the VCP, reaffirming its leading role in society for years to come, and confessing the love of the Vietnamese people for the Party.

However, Facebook users were not willing to let that slides and quickly took the opportunity to express their distrust and unhappiness with the way “Our Party” has been leading society and the country in the comment section.

A few hours after its posting on Facebook, the piece received over 400 reactions from Vietnamese users, about one-fourth of them was the “laughing” icon.

Not stopping at that, the majority of the people who commented also raised a series of issues, such as corruption and nepotism within the VCP. They also questioned the legality of the recent National Assembly’s election result and pointed out the wealth discrepancy between the VCP’s members and the non-member citizens.

The overall picture of the people’s reactions on the post shows an alarming sense of distrust in the VCP, leaving doubts to the other readers as to whether the VCP could still maintain the position of the leading and only political party in the country indefinitely.

Other reactions from the Vietnamese people to the political events in another country during the past few weeks may cause the leaders of the VCP more worries.

The recent political turmoil in Venezuela has been receiving a lot of attention in Vietnam with the majority of the people supporting Juan Guaidó, the leader of the opposition front. When Nicolas Maduro used the example of another Vietnam to warn against an American invasion, he probably did not know that the majority of Vietnamese are strong supporters of the Trump administration’s decision to back his political opponent.

Back to the comments on this posting, it is not difficult to detect that the support for the VCP among its non-member citizens is waning. While the VCP certainly can continue to enjoy the political monopoly for being the only political party in the country, even its top officials may not be sure of its future – if and when a political opposition surfaces.

The lacking of confidence that it still has the mandate to maintain the legitimacy among the majority of Vietnamese people could explain the VCP’s enhanced oppression against political dissidents in recent years.

Most recent was the Party’s effort to silent online criticisms with the new cybersecurity law of 2018.

Vietnamese internet users appear to be very well aware of the purpose and intention of the government in passing such law.

One comment on the post did mention the potential application of the new cybersecurity law against internet users in cases like this: “The page administrator purposely posted this (writing) to incite the people to react and then (the government) threatens us with the cybersecurity law.”

At the same time, there are no clear signs that online activism in Vietnam has been slowing down since the new law takes effect earlier this year although it is true that just in January 2019, there have been reports of two confirmed arrests of Facebookers and one incident of police questioning a university student over his Facebook’s activities.

Vietnam has been increasingly repressive in the past two years. Not only the number of arrests have been steadily on the rise, but the sentences in political cases also became a lot harsher compared to a few years ago, often in the range of one to two decades behind bars.

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