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Human Rights

Vietnam: State-Owned People’s Army Newspaper Defamed Independent Media, Civil Society Organizations

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The defaming article was broadcasted on VTV1 - the national TV Broadcast in Vietnam. Photo credits: Facebook Hien Trinh.

On March 25, 2019, in what could have been a classic libel case, the online newspaper of the Vietnamese Armed Forces defamed some independent newspapers, media, and civil society organizations, including our Vietnamese site – Luat Khoa magazine in an article written by author Nhat Minh.

Vietnam’s national television VTV 1 also broadcasted the same article during its morning news on the same day.

The article accused Luat Khoa magazine and its editor-in-chief, Trinh Huu Long, to have received support from Viet Tan, an overseas Vietnamese political party that has been classified as a “terrorist organization” by the regime.

Among other things, it also alleged that independent newspapers, media, and civil society organizations such as Luat Khoa, Cong Hoa TV, Vietnam Path Movement, and so forth, were promoting “fake democracy,” and that the real intention of these organizations was to misrepresent information about the Vietnamese Communist Party and the government by portraying them in a negative light.

According to the author, some forms of citizen journalism and blogging by individuals who exposed wrongdoings and injustice in society could be criminal conducts.

Examples of bloggers recently imprisoned for exercising their freedom of expression, such as Phan Kim Khanh and Nguyen Van Hoa, were named in the article to support the writer’s position.

The article, in many ways, reinforced the Vietnamese government’s view of independent media in the country. It was this very same view which probably had put Vietnam at number 176 out of 180 on the Reporters Without Border’s World Press Freedom Index in 2018.

It may be a challenge for Vietnam to name one independent media from the list of over 800 news outlets it often uses to prove press freedom exists in the country.

Nevertheless, the article suggested criminal prosecution against the activists and journalists operating these organizations. It also called for stronger and more effective collaboration from the tech companies – such as Facebook and Google – in compliance with the new cybersecurity law.

The article reconfirmed what the Vietnamese government has continued claiming in the past one and a half years, that Facebook has already established a separate channel to resolve requests from Vietnam regarding any information deemed to have violated the country’s social media (rules).

It also paraphrased an unnamed official from the Cybersecurity Bureau of the Ministry of Public Security (Vietnam’s National Police Department) and declared that “Google and Facebook both found Vietnam’s cybersecurity law is ‘suitable’ and will research on amending their policies to be in line with Vietnam’s law.”

The article included a quote from Ann Lavin – Google’s Director of Public Policy and Government Affairs in Asia-Pacific – stating that “Google would respect and follow the domestic laws of host countries, including Vietnam.”

However, the author failed to make it clear to the readers that Ms. Lavin’s quote was taken from a conversation she had with the then Minister of Information and Communication, Truong Minh Tuan, in January 2018 – almost one year before the new cybersecurity took effect. The fact that she is no longer working at Google was also left out.

The article did provide statistics on the removals of contents allegedly done by Google and Facebook upon the government’s request.

It stated that by “the end of June 2018, Google had removed 6,700/7,800 clips from YouTube – a Google’s product – including 300 clips carried subverting contents, inciting subversion against the VCP and the government and 6 YouTube channels got blocked completely.”

It further claimed that “Facebook also removed 1,000 links (out of 5,000 requests) which were deemed to have violated Vietnam’s laws, 107 fake accounts, 137 accounts that defamed, misrepresented, and propagandized against the VCP and the government.”

The information listed on the Google Transparency Report and Facebook’s Government Requests Report for 2018 does not seem to exactly collaborate the claims in the People’s Army Newspaper’s article.

However, these companies’ reports did show a worrying trend of increasing content restrictions in Vietnam and the seeming willingness of tech giants to comply with the government’s requests.

Among the four requests for contents removal from Vietnam listed by Google during the reporting period dated between January-June 2018, we found a particularly troubling one.

Accordingly, the Authority of Broadcasting and Electronic Information, Ministry of Information and Communications in Vietnam had asked Google to remove “over 3,000 YouTube videos that mainly criticized the Communist Party and government officials.” Google admitted that they “restricted the majority of the videos from view in Vietnam, based on Decree 72.”

Decree 72 is a controversial legal document, seeking to curtail the people’s ability to share information on the internet in Vietnam since 2013, half a decade before the cybersecurity law came into existence.

As for Facebook, their reports indicated that the company had complied with a total of 265 content restrictions requests from the Vietnamese government during the first six months of 2018 compares to 22 requests from July-December 2017.

Facebook also released some Vietnamese users’ data to the government upon requests under legal process and emergency requests.

From January-June 2017, Facebook received four requests involving five accounts where they released some information to 25% of the requests. From July-December 2017, Facebook released information in response to 38% of the eight requests, affecting 12 user accounts.

In the first six months of 2018, however, the Vietnamese government made a total of 12 requests which involved 26 accounts, but Facebook only released data in response to 17% of the requests.

The above statistics showed a concerning trend because, before 2017, Facebook’s transparency report indicated that it had never released users’ data to the government under any circumstances.

Reports from Vietnamese activists on the grounds in the past 12 months, however, also indicated a much larger number of accounts removal and content restrictions on Facebook.

Human Trafficking

Q&A: What You Should Know About The Human Trafficking Situation In Vietnam

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Photo credit: VnExpress/Nguyen Phuoc Vu (background photo), U.S. Department of State (screenshot photo). Graphic: The Vietnamese Magazine.

On July 1, 2021, the U.S. Department of State released its annual global report on human trafficking. The 2021 Trafficking in Persons report ranked Vietnam as a “Tier 2 Watch List” [1] for the third consecutive year.

According to the placement guiding [2], governments that fully meet the Trafficking Victims Protection Act’s (TVPA) minimum standards to eliminate human trafficking are placed on “Tier 1.” In contrast, countries that fail to meet minimum standards but make a significant effort to comply are ranked as “Tier 2.” 

However, these Tier 2 countries also risk being placed on a “Tier 3 Watch List” if they do not take “concrete actions” to combat the increasing number of human trafficking victims or if they fail “to provide evidence of increasing efforts to combat severe forms of trafficking in persons from the previous year.” 

Without a further genuine effort to improve the current situation, Vietnam could be downgraded to “Tier 3,” which might lead [3] to restrictions on financial assistance from the United States, the freezing of officials’ assets, and restrictions on immigration.

Human trafficking map, East Asia & Pacific region. Source: U.S. Department of State.

What is Vietnam’s current situation?

In Vietnam’s case, the State Department declares that the Vietnamese government “does not fully meet the minimum standards for the elimination of trafficking but is making significant efforts to do so.”

The report acknowledges considerable efforts taken by Vietnam to eliminate human trafficking, including ramping up prosecutions against human traffickers, passing legal revisions to terminate hefty brokerage fees. Brokerage fees will make workers fall victim to debt bondage, and later they would be susceptible to forced labor. 

It also notices that Vietnam has enhanced worker protections, strengthened law enforcement, increased financial budgets to assist victims of trafficking, provided protection services for identified victims, and implemented extensive awareness programs in vulnerable ethnic communities.

Nevertheless, the country has not demonstrated sufficient effort regarding its anti-trafficking protocols, given the impact of Covid-19 on the overall capacity to combat illegal human trading activities, compared to the previous period. Furthermore, the report states that Vietnam has also fallen short on systematically identifying victims of trafficking, which results in “some victims [being] penalized for unlawful acts [that] traffickers [compel] them to commit.”

Who are the primary victims and offenders of trafficking activities?

The Blue Dragon Children’s Foundation, a non-profit charity that rescues and helps the victims of human trafficking in Vietnam, stated in a study [4] that over 60 percent of victims and traffickers come from ethnic minority groups, such as Hmong or Thai. Some of Vietnam’s northern border provinces, in which diverse groups of ethnic people dominate, witness the highest rates of illegal trafficking and border crossings.

According to the charity’s latest analysis [5], between 2012 and 2020, Hmong people accounted for over 32 percent of the total victims and 33 percent of the total traffickers, while only making up 1.4 percent of the country’s population.

Also, the traffickers, as well as their victims, share poor economic and educational backgrounds. Most of the prosecuted traffickers, around 80 percent, are illiterate or did not finish high school.

The lack of general knowledge about laws and human rights, coupled with grinding poverty, proves to be the main reason these people take up [6] trafficking or recruitment to generate extra income and “escaping” poverty.

At the same time, people between 19 to 25 years old are the most vulnerable to these illicit activities, while children under 16 account for 42 percent of the total number of trafficked victims. Based on gender, all of the 199 trafficked victims recorded by Blue Dragon were females. Meanwhile, male traffickers comprise nearly 60 percent of total prosecuted offenders.

In a majority of cases, the traffickers have close relationships with the victims. They could be their friends, family members, relatives, neighbors, or acquaintances.

Source: Blue Dragon Children’s Foundation. Graphic by South China Morning Post.

What are the common forms of trafficking?

Following the data compiled by the Blue Dragon Foundation, forced marriage and domestic servitude accounted for the majority of all prosecuted cases. The victims, mostly women, are often lured and misled by false promises of well-paid job opportunities in foreign countries, but they are eventually forced into marriage with Chinese men.

Other forms of human trafficking, which include [7] forced labor and commercial sex, are also ubiquitous.

Vietnamese workers, especially under labor export programs, are subject to forced labor when they cannot pay off their debts to their recruitment company. Meanwhile, some Vietnamese female workers travel to other Asian countries for brokered jobs [8] as hostesses in massage parlors, karaoke bars, or restaurants.

What are Vietnam’s prosecution laws against trafficking?

Overall, the Vietnamese government has displayed visible efforts in reinforcing its existing legal framework against human trafficking. The current anti-trafficking legislation [9] of Vietnam includes:

  • Article 150 of the Penal Code, which criminalizes labor trafficking and sex trafficking of adults. Offenders face up to 10 years of imprisonment and up to 100 million dong (US$4,330) in fines.
  • Article 151 of the Penal Code, which criminalizes labor trafficking and sex trafficking of children under 16. Offenders face up to 12 years of imprisonment and up to 200 million dong fines.

Despite being regarded as “sufficiently stringent” in the State Department’s report, current prosecution laws against trafficking in Vietnam still contain certain loopholes.

For example, the application of Article 150 to cases involving children between the ages of 16 and 17 remains ambiguous, leading them to be treated as adults. Therefore, the article does not fully constitute all forms of child trafficking.

Other notable shortcomings include the lack of law enforcement regarding domestic trafficking and forced labor, especially with male victims, and the insufficient training of law enforcement officers in handling such cases. These are some limitations that could hinder the country’s progress towards eliminating labor exploitation and the illegal activities of human trafficking.

What improvements could be made by Vietnam?

The State Department’s report proposed prioritized recommendations that the Vietnamese government could implement to improve the situation. 

These recommendations focus on:

  1. Bolstering collaboration with NGOs and civil society;
  2. Amending existing loopholes;
  3. Training law enforcement officials in domestic trafficking cases;
  4. Implementing policies;
  5. Increasing national funding for provincial-level authorities to assist victims of trafficking; and
  6. Inviting independent bodies to verify the government has terminated forced labor in rehabilitation centers.

Bibliography:

  1. Office To Monitor And Combat Trafficking In Persons. (2021, July 1). 2021 Trafficking in Persons Report: Vietnam. United States Department of State. https://www.state.gov/reports/2021-trafficking-in-persons-report/vietnam/
  2. Office To Monitor And Combat Trafficking In Persons. (2021a, July 1). 2021 Trafficking in Persons Report. United States Department of State. https://www.state.gov/reports/2021-trafficking-in-persons-report/
  3. Nguyen Dinh Thang. (2021, July 4). Buôn người: Việt Nam ở sát bờ vực chế tài theo luật Hoa Kỳ. Mach Song Media. https://machsongmedia.org/vietnam/chong-buon-nguoi/1727-buon-nguoi-viet-nam-o-sat-bo-vuc-che-tai-theo-luat-hoa-ky.html
  4. Sen, N. (2021, July 8). Young members of ethnic minority groups most at risk in Vietnam-China human trafficking trade: report. SCMP. https://www.scmp.com/week-asia/politics/article/3140227/young-members-ethnic-minority-groups-most-risk-vietnam-china
  5. Blue Dragon Children’s Foundation. (2021, July). Human Trafficking & Traffickers in Vietnam. Blue Dragon Children’s Foundation. https://www.bluedragon.org/wp-content/uploads/2021/07/Profile-of-trafficking-in-Vietnam.pdf
  6. Ibid., [4]
  7. Ibid., [1]
  8. RFA. (2021b, July 1). Việt Nam tiếp tục nằm trong danh sách cần phải theo dõi về tình trạng buôn người trong báo cáo của Bộ Ngoại giao Mỹ. Đài Á Châu Tự Do. https://www.rfa.org/vietnamese/news/vietnamnews/human-trafficking-report-vn-stay-in-watch-list-tier-2-07012021203901.html
  9. Ibid., [1]

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Death Penalty

A Spark Of Hope For Ho Duy Hai’s Family As New Alibi Emerges

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Photo credit (background): Canva. Photo credit (from left to right): Ho Duy Hai’s family, Nguyen Lan Thang. Graphic design: The Vietnamese Magazine

On June 24, 2021, Attorney Tran Hong Phong, the lawyer for Ho Duy Hai and his family in their petition for his wrongful death penalty case, published a letter on his Facebook account, providing a new alibi regarding the case. Five lawyers (including Phong), two journalists working for a law newspaper, and Ho Duy Hai’s family jointly signed the letter.

The letter, which had been previously sent to the Procurator of Supreme People’s Procuracy of Vietnam and the Vietnamese authorities, provides convincing proof [1] to demonstrate that Ho Duy Hai was not the murderer of two post office workers in Long An Province in 2008.

Alternatively, the new evidence shows that on the evening of January 13, 2008, Ho Duy Hai actually did not go to Cau Voi Post Office, where the murder took place, but rather attended the funeral of Ho Chi, also known as Tu Lan, a neighbor who lived just 500 meters from Hai’s house.

Furthermore, the new evidence also shows that Ho Duy Hai was at the funeral from 7:50 pm until 9 pm, which coincides with the time the Long An Police investigative agency alleged he had entered the Cau Voi Post Office, at around 7:30 pm, to murder the two victims at around 8:30 pm allegedly. Seven witnesses, who also attended the funeral, including the deceased’s wife, have confirmed this fact.[2]

Ho Duy Hai received a death penalty for his convictions of homicide and robbery, despite “serious procedural shortcomings”[3] and violations of the defendant’s right to a fair trial. 

This controversial and invalid case has set his family and their attorney on a decade-long journey [4] of calling for the suspension of his execution. They finally reached a cassation trial [5] in 2020, but Ho Duy Hai was once again declared guilty of the crimes and sentenced to death.[6]

Although the presumption of innocence has been recognized [7] in its 2015 Criminal Procedures Code, Vietnam has fallen short of actually practicing this principle in its criminal proceedings. Quite commonly, the number of cases and the speed at which a case must be solved dwarf the importance of proper due process to uphold a fair and just trial. 

A local lawyer explained [8] that investigative agencies could deploy “professional” methods to extract forced confessions from people since these agencies “often hold prejudices” against the accused. Also, earlier this month, the People’s Court of Dak Song District, in Dak Nong Province, held [9] nearly 60 “pretend” trials, to meet its quota for a local judge to be reappointed, without any real defendants or victims.

However, the new evidence provided by his attorney might prove that Ho Duy Hai was wrongfully convicted, which would be a spark of hope for both the defendant and his family as the possibility of retrial could be high.

To strengthen the validity of the new proof, Attorney Phong confirmed that all seven witnesses “voluntarily provided the information and confirmation letters to affirm that their testimonies are true and vowed to take full responsibility under the law […].” 

In their letter, the attorney and the signees demanded Vietnamese government officials expeditiously verify the evidence, review the cassation decision, release defendant Ho Duy Hai on bail while awaiting verification; and review and resolve their previous petitions and demands.

The case of Ho Duy Hai has drawn wide attention from both national and international audiences, as he was convicted of murder and later sentenced to death via an opaque and unfair trial.

Bibliography:

[1] RFA. (2021, June 25). Vụ án Hồ Duy Hải: Luật sư cung cấp bằng chứng ngoại phạm mới. Đài Á Châu Tự Do. https://www.rfa.org/vietnamese/news/vietnamnews/ho-duy-hai-case-lawyer-provides-new-proof-06252021081856.html

[2] HCMC Reporters. (2021, June 25). Vụ án tử tù Hồ Duy Hải: Luật sư cung cấp tình tiết bất ngờ. Dân Việt. https://danviet.vn/vu-an-tu-tu-ho-duy-hai-luat-su-cung-cap-tinh-tiet-bat-ngo-2021062515064789.htm

[3] Will, N. (2019, December 3). After Decade of Petitions, Vietnam to Re-consider Case of Death Row Inmate Ho Duy Hai. The Vietnamese Magazine. https://www.thevietnamese.org/2019/12/after-decade-of-petitions/

[4] Vi, T. Q. (2019, September 29). Wrongful Death Penalty Cases And The Families That The Inmates Left Behind. The Vietnamese Magazine. https://www.thevietnamese.org/2019/09/wrongful-death-penalty-cases-and-the-families-that-the-inmates-left-behind/

[5] Thereporter. (2020a, May 7). Ho Duy Hai’s Cassation Trial. The Vietnamese Magazine. https://www.thevietnamese.org/2020/05/ho-duy-hais-cassation-trial/

[6] Thereporter. (2020b, May 9). Ho Duy Hai’s Case Reaffirmed, Sentenced to Death Again. The Vietnamese Magazine. https://www.thevietnamese.org/2020/05/ho-duy-hais-case-reaffirmed-sentenced-to-death-again/

[7] V.L.L.F. (2018, June 1). Legal experts discuss presumption of innocence, due process principles in criminal proceedings. Vietnam Law and Legal Forum. https://vietnamlawmagazine.vn/legal-experts-discuss-presumption-of-innocence-due-process-principles-in-criminal-proceedings-6244.html

[8] Thi, D. (2021, June 25). Liệu có tái thẩm vụ án Hồ Duy Hải với chứng cứ ngoại phạm mới? Đài Á Châu Tự Do. https://www.rfa.org/vietnamese/in_depth/will-the-ho-duy-hai-case-be-retrial-with-new-alibi-dt-06252021114054.html

[9] Duong, D. (2021, June 6). Tòa huyện lập gần 60 vụ án “ảo” để. . . một thẩm phán được bổ nhiệm lại? Dan Tri. https://dantri.com.vn/xa-hoi/toa-huyen-lap-gan-60-vu-an-ao-de-mot-tham-phan-duoc-bo-nhiem-lai-20210606162322706.htm

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Internet Freedom

Vietnam: The New Code Of Conduct On Social Media Is Not Legally Binding

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Decision 847 from the MIC. Photo: Luat Vietnam, The Independent. Graphic: Luat Khoa Magazine.

On June 17, 2021, Reuters reported that Vietnam announced a national code of conduct for social media. This new code would be the national guidelines on social media behavior in Vietnam, where users are encouraged to post positive content about the country. There are certain prohibitions for social media users and companies, requiring that social media providers in Vietnam follow Vietnamese law when “requested by authorities to remove content from their platforms.” 

This national code of conduct is Decision 847/QĐ-BTTTT (Decision 847), and it was issued by the Ministry of Information and Communications (MIC).

There are specific prohibitions throughout this decision, and it also lists the individuals and entities that are subject to the regulations. Yet, at the same time, the extent to which it is a legally binding document and how the government will enforce it is still ambiguous. 

Nevertheless, we can safely conclude that right now, under Vietnamese law, Decision 847 is NOT a legally binding document.

Why is it not legally binding?

This so-called national code of conduct on social media was issued as a decision from the minister of the MIC. These kinds of decisions in Vietnam are not legally binding documents under the Law on Promulgation of Legislative Documents 2015

Under its Article 3.1, the Law on Promulgation of Legislative Documents 2015 requires that legally binding documents should be “general rules of conduct, commonly binding, and applied repeatedly to agencies, organizations and individuals nationwide or within a certain administrative division, promulgated by the regulatory agencies and competent persons in this Law, the implementation of which is ensured by the State.” 

A minister of any ministry is deemed incompetent to promulgate legal documents if he or she issues only a decision, such as this Decision 847. Only a circular or a joint circular issued by a minister will be deemed legally binding documents. Therefore, Decision 847 cannot be treated as a legally binding document under Vietnamese law. 

Decision 847 cannot regulate social media users and providers.

Technically, only binding legal documents can regulate its subjects, but Decision 847 is quite ambiguous. 

Article 2 of Decision 847 clearly defines the subjects that are being regulated, including official departments, state employees and officials who use social media. It also states that organizations and individuals who use social media and social media providers are all subjected to its regulations.

Yet, under Article 8, which sets the implementation of Decision 847, it states, “the social users and companies are encouraged to fully execute the content of this decision and propagandize it to other organizations and individuals who are also on social media.” 

If Decision 847 only encourages its subjects to follow and propagandize it, it completely defeats the purpose of regulating users and companies on social media in Vietnam. Moreover, the vagueness and ambiguity of this decision reaffirm that it should not be a legally binding government document.

Does the MIC want to regulate all the people, companies, and other governmental agencies in Vietnam with Decision 847? 

Typically, a decision from a minister would only affect his or her ministry. However, in developing this national code of conduct on social media, is it the intent of the minister of MIC to instruct and direct how citizens and other government departments should act on social media according to his standards of positivity and morality? Is it his or the government’s duty to coach citizens on behaving in our everyday life? 

Who will regulate the ethical and cultural values for the entire Vietnam? This country already lacks an independent court system, and this decision does not have any judicial oversight. So who will get to decide what ethics and culture are if Decision 847 is enforced? Is it the government’s decision to dictate good ethics, and what is a positive culture for Vietnam on social media? What will be the meaning of our freedom of expression if we actually behave and live like this?

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