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Human Rights Peer Review of Vietnam Spotlights Persistent Rights Violations

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From left to right, Pham Doan Trang, Nguyen Tin, Nguyen Dai, three activists beaten by police in August 2018. Photo courtesy: HRW.

On 22 January 2019, Vietnam underwent for the third time a comprehensive peer review of its human rights record at the Human Rights Council (a process known as Universal Periodic Review or UPR), amidst what many rights groups and observers have called the worst wave of crackdown on dissent, activism and civil society in years.

121 governments took to the floor and made close to 300 recommendations on a wide range of human rights issues. Under the rules of the UPR, Vietnam can choose to “accept” or merely “note” the recommendations it receives and must do so in writing by the time the 41st session of the Human Rights Council begins in late June 2019.

Governments have the primary responsibility to implement those recommendations that they have accepted and report progress therein in the next cycle of review.

Many of the issues raised during the third review are the subject of recommendations that Vietnam had accepted to implement or noted in the two previous UPR cycles. Critics say that Vietnam not only failed to implement them but have taken actions to the contrary.

Prior to the latest review, numerous independent civil society organizations, both inside Vietnam and internationally, submitted parallel reports to the United Nations on the non-implementation of previously accepted recommendations and the overall deteriorating human rights situation in Vietnam.

Below are some highlights of recommendations clustered by several major recurring thematic issues (the number preceding each recommendation refers to the paragraph number in the draft outcome report of Vietnam’s third UPR, followed by the name of the recommending country in parentheses):

  1. Civil Society and Human Rights Defenders
  2. Restrictive Laws and Regulations
  3. Death Penalty
  4. Discrimination, Inequalities and Vulnerable Groups
  5. Fundamental Freedoms
  6. Judicial System, Fair Trials and Due Process

Phan Kim Khanh, one of the youngest political dissidents in Vietnam. Khanh is currently serving a 6-year-prison term.

Civil Society and Human Rights Defenders

6.55 Take steps to protect human rights defenders, particularly by repealing or revising the provisions of the Penal Code that make reference to the concept of national security (France)

6.145 Immediately release prisoners who have been arbitrarily or unlawfully detained and allow them to exercise their human rights and fundamental freedoms in Vietnam, including Ho Duc Hoa, Tran Huynh Duy Thuc, Tran Thi Nga, Nguyen Bac Truyen, and the members of the Brotherhood for Democracy (United States of America)

6.175 Release human rights defenders sentenced to prison for exercising the right to freedom of expression (Iceland)

6.177 Take the necessary measures to ensure the freedom of expression of human rights defenders and journalists, in particular by investigating and punishing perpetrators of threats and reprisals against them (Argentina)

6.180 Protect human rights defenders and prosecute all persons guilty of violence or intimidation against them (Luxembourg)

6.186 Review regulations impeding the operation of Civil Society Organisations, to enable a more open space and ensure that national security provisions are not used to prevent peaceful debate and dissent (Ireland)

6.191 Release all human rights defenders as well as political and religious activists detained for the peaceful expression of their political opinions or religious belief (Poland)

6.198 Adopt measures in line with international standards to guarantee freedom of association, opinion and expression, including online, and to ensure that journalists, human rights defenders and NGOs can freely operate (Italy)

6.202 Guarantee Fully freedom of speech, the rights of peaceful assembly and association as well as the safety of journalists, and review cases of persons convicted for having freely expressed their opinion, including human rights defenders (Switzerland)

6.203 Improve protection of the rights to peaceful assembly and expression by reviewing existing legislation, and publishing and implementing clear, transparent guidelines on security personnel conduct in managing peaceful demonstrations (United Kingdom of Great Britain and Northern Ireland)

6.205 Ensure consistent implementation of the Law on Belief and Religion particularly at the local level, including with respect to registration of Protestant groups and other groups in Northwest Highlands provinces, and remove undue restrictions on access to religious materials and clergy for those imprisoned and cease any harassment of independent groups on account of their religion (United States of America)

6.211 Publicly recognize human rights defenders and provide an environment in which they can carry out their human rights work safely (Belgium)

6.214 Nurture a culture of free expression online and offline, release all imprisoned human rights defenders, including bloggers and political dissenters, and put an end to their harassment (Czechia)

6.215 Create an enabling environment for independent civil society and ensure that the prepared Law on Association facilitates the registration, work and funding of NGOs free from undue State interference and restrictions (Czechia)

6.216 Lay ground for political plurality and democracy and guarantee its citizens the full enjoyment of the rights to vote and to be elected and to take part in the conduct of public affairs (Czechia)

A policeman, flanked by local militia members, tries to stop a foreign journalist from taking pictures outside the Ho Chi Minh City people’s court, where a human rights case was taking place in August 2011. Photograph: Ian Timberlake/AFP/Getty Images

Restrictive Laws and Regulations

6.73 Adapt the Code of Penal Procedure to international standards and amend Articles 109 and 117 on “activities against the State” in the Penal Code, in line with human rights standards (Switzerland)

6.167 Repeal or amend provisions in the Penal Code and Cyber Security Law so that provisions relating to national security are clearly defined or removed, to ensure that they cannot be applied in an arbitrary manner to endanger any forms of freedom of expression, including internet freedom (Finland)

6.171 Review all convictions based on laws restricting freedom of expression and opinion, in particular articles 79 and 88 of the Penal Code, according to the revised penalty ranges (Germany)

6.174 Consider revising national legislation, including the Law on Belief and Religion and the media Laws, in order to harmonize it with international standards regarding the right of freedom of expression and of religion (Brazil)

6.183 Amend, within one year, the 2015 Penal Code, Decree 174/2013, Decree 72/2013, Decree 27/2018, the 2018 Law on cybersecurity and articles 4, 9, 14 and 15 of the 2016 Press Law, to guarantee offline and online freedom of press and expression, and the right to privacy, in line with articles 17 and 19 of the International Covenant on Civil and Political Rights (Netherlands)

6.185 Related Cybersecurity Decrees should include clear provisions for interpretation of the Law on Cybersecurity according to international standards on freedom of expression (Ireland)

6.187 Ensure that the legal framework protects freedom of expression both offline and online and accordingly amend the Penal Law and Law on Cybersecurity to ensure consistency with international human rights law, including the International Covenant on Civil and Political Rights (New Zealand); Ensure that freedom of expression is protected online and offline by amending national security provisions in the Penal Code, and the Cybersecurity law and its implementing decree, so as to comply with article 19 of International Covenant on Civil and Political Rights and other commitments (Sweden); Guarantee the rights to freedom of expression and freedom of assembly and amend the penal code and the Cyber Security Law to make sure that the limitations on the right of freedom of expression are in line with the International Covenant on Civil and Political Rights (Austria); Review the Criminal Code and the law on cybersecurity to harmonize it with international standards related to the freedom of expression, association and assembly (Canada)

6.188 Revise the provisions of Articles 117 and 331 of the 2015 Penal Code and other relevant laws that restrict the ability to exercise fundamental freedoms and allow free operation of national and international media (Norway)

6.193 Ensure full implementation of its international human rights obligations regarding freedom of religion and belief by reviewing the Law on Belief and Religion to bring it into line with article 18 of the International Covenant on Civil and Political Rights (Poland)

6.194 Abolish prior censorship in all fields of cultural creation and other forms of expression, both online and offline, including by bringing the restriction to freedom of expression under the 2016 Press Law in line with international standards and fostering a pluralistic and independent media environment (Portugal)

6.197 Review and amend national legislations in order to enable the effective exercise of the rights of freedom of expression and peaceful assembly in line with the standards enshrined in the International Covenant on Civil and Political Rights (Seychelles)

6.212 Review the law on religion and belief to enable religious groups to practice freely (Canada);Review the 2016 Law on Belief and Religion and bring it in conformity with international human rights standards and freedom of religion or belief standards (Croatia)

Nguyen Thi Loan, mother of Ho Duy Hai. Photo credit: Nguyen Lan Thang.

Death Penalty

6.5 Accede to the Second Optional Protocol to the International Covenant on Civil and Political Rights aimed at abolishing the death penalty (El Salvador); Ratify the Second Optional Protocol to the International Covenant on Civil and Political Rights aiming at the Abolition of the Death Penalty (Montenegro); Ratify, without reservations, the Second Optional Protocol to the International Covenant on Civil and Political Rights, aiming at the abolition of the death penalty (Slovenia); Ratify the Second Optional Protocol to the International Covenant on Civil and Political Rights aiming at the abolition of the death penalty (Croatia)

6.140 Initiate a moratorium on the imposing of capital punishment and especially for non-violent crimes (Finland); Consider implementing a full moratorium on the death penalty (Georgia); Impose a moratorium on executions and abolish the death penalty (Iceland); Establish a de facto moratorium on the death penalty with a view to its abolition (Portugal); Establish a moratorium on the application of the death penalty as a step towards its definitive abolition and modify the Penal Code to reduce the number of crimes for which the capital punishment can be imposed (Spain); Impose a moratorium on executions with the goal of abolishing the death penalty (Albania); Establish a moratorium on the death penalty as a step towards complete abolition of this practice (Australia); Immediately adopt a moratorium on the death penalty with a view to ultimately abolishing it (Austria); Take the necessary measures to establish a moratorium on executions of death row prisoners as well as to repeal the death penalty from their national legislation (Argentina)

6.141 Abolish the death penalty and, without delay, reduce the number of offences punishable by the death penalty (France); Abolish definitely the death penalty and ratify the Second Optional Protocol to the International Covenant on Civil and Political Rights aiming at the Abolition of the Death Penalty (Luxembourg); Continue reform towards abolition of the death penalty, including by continuing to reduce the list of crimes punishable by the death penalty under the Penal Code 2015, in particular non-violent crimes, and by providing greater transparency about the numbers, methods and associated crimes relating to its use (New Zealand); Abolish the death penalty for all crimes, and consider ratifying the Second Optional Protocol to the International Covenant on Civil and Political Rights, aimed at abolishing the death penalty (Uruguay)

6.142 Further reduce the list of offences punishable by death, eliminate the death penalty for “activities against the people’s government”, “espionage”, “embezzlement”, and “taking bribes” as well as for serious drug offences (Germany); Continue to reduce the number of crimes subject to the death penalty and consider introducing a de facto moratorium on its application (Mexico); Continue to reduce the scope of crimes subject to the death penalty only for “most serious crimes” and consider introducing a moratorium (Norway); Continue the process of reduction of offences subject to death penalty, until the abolition of the capital punishment and to publish statistics on the use of death penalty in Vietnam (Romania); Further reduce the offences punishable by death penalty and provide official figures regarding death sentences and executions; consider to introduce a moratorium of death penalty (Italy)

6.143 Reduce further the list of crimes punishable by the death penalty, in particular economic crimes and drug-related offences, and envisage a complete moratorium on the application of the death penalty (Switzerland)

6.144 Assist the process of national discussion on death penalty with a view of its eventual abolishment (Ukraine)

6.146 Restrict the use of the death penalty to crimes that meet the threshold of “most serious crimes” under international law (Belgium)

6.290 Cease applying the death penalty for non-violent crimes, including drug offences (Australia)

6.291 Introduce a national moratorium on the death penalty, aiming at complete abolition. Until then, reduce the number of crimes subject to the death penalty, ensuring that it does not apply to offences other than the “most serious” crimes, in accordance with International Covenant on Civil and Political Rights (Sweden)

A group of Jarai people in Vietnam’s Highlands. Photo courtesy: Thinh Nguyen.

Discrimination, Inequalities and Vulnerable Groups

6.90 Continue efforts in eliminating inequalities in access to public services (China)

6.92 Increase efforts in addressing discrimination, in line with its international obligations, and towards improving its legal framework against gender-based violence (Greece)

6.93 Enact legislation to ensure access to gender affirmation treatment and legal gender recognition (Iceland)

6.96 Continue to conduct studies with a view to amend existing or introduce new legal instruments to eliminate all forms of discrimination against people living with HIV (Malaysia)

6.97 Take further steps to ensure the protection of all vulnerable groups in society including LGBTI persons (Malta)

6.98 Legalize same-sex marriage before the next UPR (Netherlands)

6.99 Explicitly provide “sexual orientation” and “gender identity” as a forbidden ground of discrimination in the revised Labour Code and other relevant laws (Norway)

6.107 Take further measures to reduce inequalities and enhance access to services especially to vulnerable persons, including women, children and disabled (Bhutan)

6.108 Review the Labour Code and the law on gender equality to include a detailed definition of sexual harassment (Canada)

6.109 Develop legislation against discrimination on the grounds of sexual orientation and gender identity (Chile)

6.153 Set up a robust legislative framework prohibiting and sanctioning all discriminatory practices, enabling victims access justice (Madagascar)

6.170 Take measures to combat religious motivated violence and harassment and ethnic discrimination and inequality (Brazil)

6.217 Revise the Penal Code and the Criminal Procedure Code and criminalise all forms of violence against women, raise public awareness on gender equality and combating discrimination against women and girls, enhance efforts and measures to prevent and combat human trafficking, especially that of women and children (Hungary)

6.229 Adopt marriage equality legislation, extending full marriage rights to same-sex couples (Iceland)

6.230 Review the Law on Marriage and Family with a view to setting the same minimum age for marriage for women and men (Zambia)

6.231 Review the law on marriage and the family to guarantee the equality to same sex couples (Canada)

6.259 Step up the efforts for the participation of woman in political and public life and their representation in the decision-making bodies (Ethiopia)

6.260 Prohibit all forms of violence against women and strengthen women’s access to justice (Iceland)

6.261 Continue to strengthen measures to prevent abuse and violence against women (Japan)

6.262 Adopt a national plan of action to prevent all forms of violence against women and assign sufficient resources for its implementation (Spain)

6.263 Further invest in women’s economic empowerment and promote decent work for women in partnership with relevant international organizations (Thailand)

6.268 Implement the policy on promoting gender equality and bridging the gender gap, which focusing on enhancing the role and participation of women in the political, economic and social spheres (Cambodia)

6.284 Develop, in line with the Convention on the Rights of Persons with Disabilities, community-based and people-centred mental health services that do not lead to institutionalization and over medicalization and that respect the free and informed consent of persons with mental health conditions and psychosocial disabilities while combatting stigma and violence against them (Portugal)

6.288 Pursue efforts to adopt national legislation to ensure further respect of the rights of migrants, to prepare the ground for the International Convention on the Protection of the Rights of all Migrant Workers and Members of Their Families (Egypt)

6.289 Continue its efforts on prevention and reduction of statelessness through among others reacquisition of Vietnamese nationality and prevent children statelessness (Kenya)

Protest in Ho Chi Minh City on June 10, 2018. Photo courtesy: Facebook, unknown author.

Fundamental Freedoms

6.42 Enhance efforts to comply with the recommendations accepted during the second Universal Periodic Review cycle on guaranteeing the right to freedom of expression (Chile)

6.168 Take steps to guarantee freedom of opinion and freedom of expression, including on the internet, in the context of the adoption of the law on cybersecurity (France)

6.179 Protect civil and political rights, especially freedom of expression, peaceful assembly and association (Luxembourg)

6.184 Restrictions on freedom of expression, and particularly online freedom, be lifted in line with Vietnam’s obligations under international law (Ireland)

6.189 Strengthen efforts to ensure the freedom of expression, including in the digital environment (Peru)

6.195 Ensure freedom of expression, including online, and promote actions to ensure freedom and independence of the media (Japan)

6.196 Continue the measures aimed at lifting all restrictions on the right to freedom of opinion and expression and to allow bloggers, journalists and other internet users to promote and protect human rights (Romania)

6.199 Enhance efforts to guarantee freedom of religion or belief, also by further reducing administrative obstacles to peaceful religious activities and by combating violence and discrimination on religious grounds (Italy)

6.200 Adopt legislative changes to guarantee the protection and free exercise of freedom of expression, association and peaceful assembly (Spain)

6.206 Take the necessary measures to eliminate administrative barriers in order to guarantee exercise of freedom of worship (Angola)

6.207 Enact laws to provide for freedom of assembly and peaceful demonstration in line with the International Covenant on Civil and Political Rights (Australia)

6.209 Take further steps to ensure an independent and pluralistic media landscape, including by reducing political influence on media outlets (Austria)

6.210 Safeguard freedom of religion and believe for all in Vietnam (Kenya)

6.213 Increase and ensure Vietnamese citizens’ access to information, including by increasing radio and television coverage in all parts of the country (Cyprus)

6.236 Allow for the establishment of independent trade unions and to recognize their right to organise (Canada)

Four death-row inmates from left to right, Ho Duy Hai, Le Van Manh, Nguyen Van Chuong, Dang Van Hien. Photo courtesy: Luat Khoa.

Judicial System, Fair Trials and Due Process

6.147 Ensure that evidence obtained through torture is inadmissible in trial in keeping with Viet Nam’s obligations under the Convention against Torture (New Zealand)

6.148 Take steps to prohibit harassment and torture during the investigation process and detention and punish the perpetrators (Togo)

6.150 Abolish immediately at all levels the exercise of outdoor trials to ensure the right to the presumption of innocence, effective legal representation and fair trials (Denmark)

6.152 Revise the judicial system to provide a safer environment to victims in case of all crimes (Hungary)

6.156 Pursue judicial and institutional reforms to bring them into line with international human rights standards (Senegal)

6.158 Ensure that fair trial guarantees and due process rights, as provided in international law and standards, are respected and upheld in all cases (Slovakia)

6.164 Amend the Criminal Procedural Code so that persons are represented by a lawyer immediately following their arrest and to guarantee their right to a fair trial (Canada)

About the Author

Shiwei Ye is an Asia-based independent human rights analyst, strategy advisor, trainer, and civil society consultant.

Free Press

Minister of Propaganda Says Vietnam’s Press Should Serve Party, Prevent “Self-Evolution”

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At a conference on “Strengthening Party-building Work in Press Organizations” last Friday, Mr. Vo Van Thuong, head of Communist Vietnam’s Central Propaganda Committee, reminded attendees that the press must serve the Vietnamese Communist Party (VCP) and the revolution in order to function “stably” and “without error”. 

Referring to a government plan ratified earlier in the year to develop and manage press throughout the country until 2025, Thuong stated that the time for debate had passed and that strict implementation was now key. According to state media and in sentiment echoed by Thuong, the press serves as “an important channel to fight against incorrect information, fake news, news critical of the regime, and that which makes people lose trust in the Party-State.”

In his remarks at the conference, Thuong stressed the importance of ideological work in press organizations and making sure Party cadres and Party members guard against signs of political, ideological, and moral decay. In particular, Thuong warned against signs of “self-development” and “self-evolution”, negative terms that refer to the shift towards liberal democratic values–values which are anathema to the ruling Communist Party.

In this vein, Thuong took to admonishing journalists who lacked “proper training” and were critical of society but not sufficiently critical of themselves. He also stressed the importance of proper training for leadership and suggested greater oversight of the Party committees and organizations involved in press organizations, particularly when it comes to adherence to Party regulations.

“In order to help press organizations develop self-awareness and a more proper nature, we should do as a number of comrades have stated: ‘Sometimes those who educate [Party members and cadres] must themselves be educated’,” Thuong stated.

Thuong reminded attendees that Vietnam’s journalists were journalists of the revolution, journalists of the Party, and journalists of the state; as such, they should work closely with the Central Propaganda Committee, the Ministry of Information and Communication, various central Party committee blocs, and the Vietnamese Journalists Association, in order to strengthen the leadership of the Party.

The plan approved April 2nd of this year also seeks to streamline Communist Vietnam’s press environment, limiting government bodies to one newspaper and one magazine, with a shift to electronic rather than print forms, and with the “Vietnamese Communist Party E-Newspaper” and the Central Propaganda Committee serving as the “core” of the country’s press structure. 

Along with head of propaganda, Thuong is also currently a member of the Politburo (short for “Political Bureau”, the leading body of the Vietnamese Communist Party), and the secretary of the Central Committee (from which members of the Politburo are chosen). In the past, Thuong was deputy secretary of the Ho Chi Minh City (HCMC) Standing Committee, first secretary of the Central Committee of the HCMC Communist Youth Union, and secretary of the Quang Ngai Provincial Party Committee.

According to Reporters Without Borders, Vietnam ranks 176th out of 180 countries in terms of press freedom. Although freedom of the press is guaranteed by Article 25 of the 2013 Vietnamese Constitution, Communist Vietnam is a one-party, authoritarian state that does not tolerate challenges to its power. It controls all official media, newspapers, and publishing houses in the country and regularly censors material that does not conform to sanctioned historical or political narratives.

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Death Penalty

After Decade of Petitions, Vietnam to Re-consider Case of Death Row Inmate Ho Duy Hai

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After more than 10 years of petitioning the Vietnamese government, Nguyen Thi Loan (pictured above) says a huge weight has been lifted off her shoulders. Her son, Ho Duy Hai, who had been found guilty of murder in 2008 and was sitting on Vietnam’s death row for eleven years, now has another chance at life.

On November 30, 2019, the country’s highest prosecutor’s office (the Supreme People’s Procuracy, or SPP) announced that “Ho Duy Hai’s case suffered from serious procedural shortcomings that affected the quality of evidence gathered” to prosecute him.

As such, the SPP has requested that Vietnam’s Supreme Court toss out all previous rulings, including the original 2008 conviction by a Long An provincial court, as well as a 2009 appellate judgment by the Ho Chi Minh City Supreme Court of Appeals which upheld the death sentence. The SPP’s latest request also supersedes its own October 2011 refusal to halt the sentence after repeated petitions from Loan.

Ho Duy Hai’s 2008 case involves the murder of two sisters, Nguyen Thi Thu Van, 22, and Nguyen Thi Anh Hong, 24, who were killed at Cau Voi Post Office in Long An province, which borders Ho Chi Minh City to the southwest. The women, who both lived and worked at the post office, were found at the foot of a set of stairs, two meters apart, with their necks slit and their heads showing signs of blunt force trauma. The robbery and double murders occurred on the evening of January 14, 2008, about 4.5 kilometers from Hai’s house. It was not until two months later that Hai was implicated. He had known the two employees and could not provide an alibi the night of the murders. Police subsequently arrested him and charged him with murder on March 21, 2008.

Ho Duy Hai during his trial on December 1, 2008. Photo: Hoang Phuong / Thanh Nien.

Hai was only 23 when he was sentenced to death on December 1, 2008, but both he and his mother have consistently proclaimed his innocence. Though Hai could not remember clearly what he was doing the night of the murders, he claimed police beat and tortured him into falsely confessing.

Other cited shortcomings in the investigation included a lack of fingerprints at the scene of the crime to corroborate Hai’s “confession”, an inability to confirm the murder weapon(s), purchased items used to replace “lost” evidence at the scene of the crime, inconsistent witness testimonies, and a lack of time of death for the two victims to corroborate Hai being at the scene, among others.

For more than a decade, Hai’s mother petitioned all levels of government to intercede in her son’s case, even holding banners in front of the General Secretary, Prime Minister, and the President’s offices. She also enlisted the help of activists, dissidents, and human rights groups on social media to spread awareness. In December 2014, when Hai was only a day away from lethal injection, the Long An provincial court decided to temporarily suspend his sentence due to uproar over the nagging inconsistences in Hai’s case.

The case became so high-profile that National Assembly (NA) representative Le Thi Nga, who was the deputy head of the NA’s Judicial Committee at the time, became involved. She personally investigated the case’s inconsistencies, confirming that “there were serious violations committed by the police and prosecution in Hai’s case.” Her tenacity, attention to detail, and personal care for Hai’s mother has earned her praise on social media, who have held her up as a model NA representative.

Ms. Le Thi Nga, National Assembly representative, and deputy head of the NA’s Judicial Committee from 2007-2016. She is currently head of the Judicial Committee. Photo: Hoang Long / Vietbao

If the Vietnamese Supreme Court accepts this latest SPP request, then there are two possible outcomes for Hai: his case will either be suspended and all charges dropped or he will be re-investigated and re-tried.

If the Supreme Court decides the former, then Hai will walk away from death row a free man. If it decides the latter, then Hai’s case is essentially back to square-one, as if he had just been arrested. Hai would remain in police custody (i.e. virtually imprisoned, as is Vietnamese custom for those who have been arrested but not yet charged with a crime). The murders for which he was convicted would be re-investigated by police, after which the Long An prosecutor’s office would decide whether to charge Hai with a crime. If they do, then the trial, sentencing, and appeals process would repeat itself. If they don’t, then Hai has yet another path to freedom.

Regardless of the outcome, Hai’s mother is all gratitude for what has been achieved so far: “I want to thank every soul, both inside and outside the country, for caring so deeply for Hai. I will be grateful to you all for the rest of my life, for supporting my family and walking together with us on this long path.”

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Freedom of expression

Two Human Rights Groups Issue Joint Statement Against Harassment of Independent Publishing House

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Amnesty International and Human Rights Watch have condemned the Vietnamese government for their escalating harassment of an independent publishing house.

Liberal Publishing House, established February 14th, 2019, seeks “to promote human rights and freedom of information in Vietnam by printing and publishing books without censorship from the Vietnamese government”, in a mode similar to samizdat operations in former communist countries of Eastern Europe.

In a statement issued November 27th, Amnesty International and Human Rights Watch stated that Vietnamese “police have harassed and intimidated dozens of people connected to the Liberal Publishing House […] in what appears to be a targeted campaign” against both the publishing house’s readers and workers.

The statement also describes a situation in which police “detained and allegedly tortured a man in custody on October 15 in Ho Chi Minh City, allegedly to force him to confess to working for the publisher. Police detained him for more than 12 hours, during which time he was repeatedly beaten until his nose bled. Since being released he has gone into hiding, fearful of re-arrest.”

The police harassment has been nationwide, striking the three major Vietnamese cities of Hanoi (north), Hue (center), and Ho Chi Minh City (south), as well as the central provinces of Quang Binh and Quang Tri, the south-central province of Phu Yen, and the southern province of Binh Duong. Readers have reportedly been called into police stations for questioning and forced to sign statements declaring they will no longer purchase books from Liberal Publishing House; workers have reportedly been ensnared in police traps while carrying out deliveries.

Liberal Publishing House has acknowledged the police harassment and issued to its readers a series of precautions to take when ordering books, as well as what and what not to say when confronted by police. It has also made available for free a digital copy of its book A Handbook for Families of Prisoners to inform readers of their rights and guide them through the legal process.

Liberal Publishing House’s other titles include Politics for the Common People, Non-Violent Resistance, and the English-language title Politics of a Police State. Dissident blogger Pham Doan Trang, who recently received the 2019 Press Freedom Prize for Impact from Reporters Without Borders in September, is one of the publishing house’s main contributors.

Although freedom of the press is guaranteed by Article 25 of the 2013 Vietnamese Constitution, the Socialist Republic of Vietnam is a one-party, authoritarian state that does not tolerate challenges to its power. It controls all official media and publishing houses in the country and regularly censors material that does not conform to sanctioned historical or political narratives. 

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