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Loc Hung Garden Incident: Government’s Forced Eviction Is Without Legal Merits

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Photo Courtesy: Facebook Uyen Vu.

January 8, 2019| The forced eviction in the area known as Loc Hung vegetable garden in Ho Chi Minh City continued at daybreak today.

At about 5:50 A.M., Facebookers in Vietnam reported that hundreds of police and plainclothes security police had resumed their demolishment at Loc Hung. By 6:00 A.M., the authorities have arrested Cao Ha Truc, one of the leaders representing the Loc Hung residents in their land dispute with the government during the last 20 years, along with his wife.

Truc is among the group of people that have lived at Loc Hung all their life, beginning with his grandparents and parents who were migrating from the North of Vietnam after the Geneva Accord took effect and divided the country in half. The Catholics Church had given his family the land they lived on since 1954, and according to him, they have used it to farm vegetables all these years.

In an interview conducted by an independent news media, Tin Mung Cho Ngươi Ngheo, on January 4, 2019, Truc openly challenged the government on their legal grounds to enforce the eviction of the Loc Hung residents’ homes, asserting that there was no land recovery decision from the authorities.

A land recovery decision (quyết định thu hồi đất) is the first legal requirement to start the process of enforced eviction under Vietnam’s laws. (Article 71, Law on Land 2013).

Attorney Trinh Vinh Phuc (who was one of the defense lawyers for Will Nguyen – a Vietnamese American convicted for inciting public disorder when joining the June 2018 protest), was among a few lawyers who openly supported the residents of Loc Hung.

On his Facebook page, attorney Phuc agreed with Truc and the other residents that the enforcing authorities have yet to produce a land recovery decision to start the eviction process.

Moreover, the law further requires that fair compensation must be provided for the affected residents and that the government must assist with relocation.

Loc Hung residents repeatedly claim that the government did not comply with any of those requirements under the law.

While the image of bulldozers tearing down homes in forced eviction has become a familiar scene in Vietnam’s land dispute cases, the legality of such conduct by the enforcing authorities is questioned. The Law on Land 2013 required that the enforcement team must move both the people and their property outside the enforced area, perform proper inventory, and notify the owners with information on how to reclaim them. The enforcement should also be carried out during regular business hours.

However, according to human rights activist, Nguyen Ho Nhat Thanh, close to one thousand police officers have been mobilized throughout today to demolish Loc Hung garden. More news on social media indicated that the police were preparing for the demolishment throughout the night, turning on public speakers at maximum volume and asking the residents to leave the area.

Other bloggers reported that there were at least five bulldozers at the scene, tearing down people’s houses. Cao Ha Truc and his wife were both arrested today because they have been recognized as the residents’ leaders.

Like the days before, the local authorities also blocked off streets leading to Loc Hung and stopped people from entering the area. The security police of Ho Chi Minh City even surveilled the Church of Redemptorists and prevented the priests from leaving so that they could not go to Loc Hung to show support for the Catholic community there.

Starting from last night, witnesses described Loc Hung’s residents were living in a war-like zone. People were panicking and beginning to move out their property throughout the night in fear that the forced eviction would soon resume.

In the middle of the chaos, yet many residents still managed to gather for a candlelight vigil in front of Lady Mary statute and sang their prayers.

The estimated value of the lost property which the residents will incur is going to be in the billions of VND.

One of the most vulnerable groups living in Loc Hung is the community of some elderly veterans from the South of Vietnam’s army who do not have an immediate family. Most of these men received injuries during the war and because they were soldiers of the “old regime,” they were not given any opportunities or even proper healthcare under the current regime. Now facing homelessness, their already uncertain future appears to be even bleaker.

The house of former political prisoners couple, Pham Thanh Nghien and Huynh Anh Tu, is also among those going to be soon torn down at Loc Hung garden. Both of them are well-known dissidents who remain critical of the government after their releases from prison. The couple has a one-year-old daughter with asthma conditions living with them.

Southeast Asia and the Pacific office of Amnesty International has issued a call for action today, asking the public to contact the local enforcement authorities in Vietnam to demand them to cease their eviction activities in Loc Hung immediately.

Press Release

Vietnam: Stop The Continued Harassment And Intimidation Of Our Editor, Pham Doan Trang

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Pham Doan Trang and her two books written in recent years.

March 18, 2019, The Vietnamese Magazine’s editorial board received an urgent message tonight from journalist Pham Doan Trang that the secret police have found her current residence and started to surveil the location.

Ms. Pham is a member of our editorial board and a founding member of our Vietnamese site, Luat Khoa online magazine.

From around the Tet celebration in February 2019, it had been brought to our attention that the secret police began to surveil the home of journalist Pham Doan Trang’s mother in Hanoi, Vietnam. Ms. Pham believed that the police was waiting for her to go back and visit her family during the Lunar New Year celebration so that they could arrest her like they did last year.

However, because she did not go back to Hanoi, the secret police utilized different methods, trying to locate her whereabouts.

As she recently published a book on public policy and the Special Economic Zones draft bill, they have pretended to be her readers, contacted her on social media, and asked if she could give them copies of her new book.

Those who helped deliver her books were followed, and hackers have attempted to gain access to Ms. Pham’s Facebook on numerous occasions.

Ms. Pham wrote on her personal Facebook tonight:

“If you hear, in the coming days, that I am involved in a traffic accident or suddenly got attacked somewhere, then it must be the planning and actions of the secret police. There would not be any ‘citizen actions’ that could have caused it.”

We strongly condemn the ongoing harassment and threats directed at our editorial member by the Vietnamese secret police due to the peaceful exercise of her human rights. These conducts are in direct violation of both Vietnam’s and international laws, and as such, they have put Ms. Pham in grave danger where both her physical and mental health have been negatively affected.

We, therefore, call on the relevant authorities of Vietnam to immediately intervene and cease the ongoing illegal surveillance and intimidation against Ms. Pham, investigate the unlawful individual conducts listed above, and prosecute those who have committed such crimes in accordance to the current legal standards in Vietnam.

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Vietnam Continues To Violate People’s Rights After Human Rights Dialogue With EU

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Vietnamese Anti-riot policemen. Photo credits: HOANG DINH NAM/AFP/Getty Images

Less than a day after the Human Rights Dialogue between the European Union and Vietnam on March 4, 2019, was conducted, the Vietnamese police continue to commit blatant violations of the people’s rights.

Two hours ago, the police came and arrested one of the active members of a group consisting of concerned citizens who have been fighting against what they alleged as illegal activities associated with the BOT (Build-Operate-Transfer) toll booths across Vietnam.

Ha Van Nam, the victim, posted on Facebook that the police came and searched his house. Later, other Facebookers cited his wife’s statement to confirm his arrest.

Ha Van Nam was viciously beaten up by men in plainclothes back in January 2019 whom he alleged that they were plainclothes officers. He suffered two broken ribs and other injuries. The perpetrators later threw him at the front gate of Dan Phuong hospital in Hanoi.

Today, his last post on Facebook stated that the police came to his house and alleged that he committed the crime of “inciting public disorder.”

“Inciting public disorder” is a crime that has been routinely used against activists and protestors in Vietnam in the most arbitrary manner.

Often, the government would accuse anyone of committing this crime when they participate in any civil disobedience act.

Journalist Pham Doan Trang wrote on her Facebook this morning after the incident went viral on social media:

“Upon the arrest today of driver Ha Van Nam for ‘disrupting peace,’ once again, we highlight that it is time the Vietnamese government immediately decriminalizes and depoliticize civil affairs. We firmly believe that government-endorsed violence with impunity can only lead to more violence in society.”

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English Speakers In Vietnam Got A Taste Of Censorship Over An Article On Pollution

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Screen caption of the removed article on VN Express on February 21, 2019.

February 20, 2019, a few foreigners living both inside and outside of Vietnam were sharing the news that an English article published on the site VN Express was taken down before they could read it.

Some of them suspected that it was the state’s censorship or even the beginning of the enforcement of the new cybersecurity law.

As of press time, still, the link is not working.

The article was about the lone man’s trip across the country of a Vietnamese photographer, Nguyen Viet Hung, to raise awareness on marine pollution in Vietnam using what he knows best, photography.

The story of Hung was becoming quite popular in Vietnam during recent days.

He is a well-known photographer whose trip was published on social media and a few newspapers, including one that is under the ownership of the Ministry of Public Security, Cảnh Sát Toàn Cầu online (Global Police Force).

The 3,260 km long journey, dubbed “The Green Journey” on social media, was documented by Hung and his photography skills

He began his trip in August 2018.

Along the way, he was documenting the danger of improper waste disposal, especially plastic waste, and its effects on the environment.

There was an incident where Hung said he felt scared for his life when taking a picture of a truck dumping trash into the ocean because he thought the truck driver was calling more people to come over and intimidate him.

The story was well-received by the public because it raised concerns over an urgent matter that all Vietnamese people face daily: how to deal with garbage disposal in the country.

Marine pollution and pollution, in general, have gained more attention among the public because the amount of trash being disposed in Vietnam on a daily basis is quite alarming.

In 2018, Vietnamese people became even more concerned when a report placed their country among the top five ocean polluters regarding plastic waste became viral.

Like many other censored topics in Vietnam, we could never fully understand why an article suddenly becomes “unavailable” when the web link stops working.

One may suspect that it was because the story placed equal responsibility on both the people and the state for marine pollution, where the failure of the garbage disposal system in Vietnam played a significant role.

Hung said in one of the Vietnamese articles, that while at Sa Ky Harbor in Quang Ngai Province, it was impossible for him to find a garbage can. As the result, all local residents living in the area would dump their trash directly into the waters which they also use for bathing and consuming.

Regardless of the reason, Nguyen Viet Hung’s photographs bring about a reality that both the Vietnamese people and their government must face: marine pollution in Vietnam is a code red issue where drastic measures, as well as immediate behavioral changes, must happen now.

Hung had put this succinctly in the only paragraph left from the taken-down article:

The farther I went, the more I realized that the environment in general and marine environment in particular of our country are being seriously destroyed. Most people are not aware of the scale of the problem, and this should change, Hung said.

A few photographs from Nguyen Viet Hung’s trip:

Plastic rubbish filled the land near a market place in Tuy Phong, Binh Thuan Province. Photo Courtesy: Nguyen Viet Hung.

Lacking proper garbage disposal, people dumped their trash directly into the ocean. Photo courtesy: Nguyen Viet Hung.

Children were playing near a creek filled with garbage. Photo courtesy: Nguyen Viet Hung.

A child was picking up near the seashore. Photo courtesy: Nguyen Viet Hung.

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