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Human Rights

Online Campaign “If not NOW then WHEN?” Seeks To Stop Sexual Abuse In Vietnam

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Vietnamese Facebookers supported the "If not NOW then WHEN?" campaign. Photo Credits: Facebook Ngoc Diep.

An uncommonly successful online campaign is happening in Vietnam with thousands of signatures and with momentum is still going strong. The campaign – “If not NOW then WHEN?” – initiated by seven civil society groups and organizations on Change.org, is the Vietnamese people’s latest and loudest response to a series of highly publicized cases of sexual abuse and violence against women and children uncovered recently in the country.

In addition to signing this petition, hundreds of Facebookers also changed their avatars to include a frame with the slogan “If not NOW then WHEN?” and the hashtag #nhanpham200k (dignity200k) to promote this campaign.

The “200k” hashtag refers to the 200,000 VND amount that the Hanoi police has fined the perpetrator in a recent sexual assault case in March 2019. Although the perpetrator was captured on an elevator’s security cameras while assaulting a woman by kissing her on the mouth, the authorities decided to treat the case as an administrative violation and did not file charges against him. Such a decision has angered the entire nation that has watched the story where his criminal actions unfold on social media, leading some activists and organizations to decide to take action.

The “If not NOW then WHEN?” campaign was launched within a few days after the administrative fine of 200,000 VND was made public. And because the organizers want to stress that a person’s dignity is worth more than the 200,000 VND fine, they have included the hashtag #nhanpham200.

Citing loopholes in the law which allow for unjust decisions such as the 200,000 VND case, the campaign calls on citizens to demand Chairwoman Nguyen Thi Kim Ngan and other members of Vietnam’s National Assembly to take action and change the laws. Their goal is to appeal to the legislative branch to make changes in the Penal Code so that it would be more effective in both punishing the perpetrators in sexual harassment and sexual violence cases and preventing future sexual crimes.

According to Facebooker Ngoc Diep, one of the first activists who has initiated this campaign, the campaigners will collect signatures until early May 2019. Then, they will send them directly to the National Assembly before the beginning of their next congressional meeting – which is expected to commence on May 20, 2019.

By April 9, 2019, more than 13,000 people have signed the petition even though Change.org recently has been blocked in a few areas in Vietnam. It means that those who have signed the petition from Vietnam must take an extra step, which is to get over the firewall before they can add their names to the petition.

It also means that the demands contained within the petition are of great concern for a lot of Vietnamese people.

Why is there such a tremendous response from the public to this petition that led to so many people taking the time and making an effort to make a point about this issue?

Ngoc Diep explained that the campaign has identified with the people’s realization that there are loopholes in the law, which renders the system ineffective in bringing justice to the victims of sexual harassment and sexual abuse in the country.

Recently, several cases of sexual attacks on women and children have caused outrage in society, and yet the legal system was unable to bring the perpetrator to justice. The case in the elevator with the 200,000 VND fine was just one of many such cases.

In another case, a teacher was accused of inappropriately touching his fifth-grade students, but the authorities claimed that his conduct did not fall under the current definition of sexual abuse. The teacher went unpunished.

A suspect in a brutal beating and raping of a 9-year-old girl was allowed bail because the authorities found his conduct did not fall under the “extremely severe” category that would demand pre-trial detention.

Just a few days after the petition “If not NOW then WHEN?” had started, another video clip appeared on social media showing a toddler being grabbed and kissed by an older male stranger in an elevator in Ho Chi Minh City.

The campaign and its supporters have felt an even stronger sense of urgency now, that such change is not only needed but is also inevitable. They want to raise public awareness about sexual harassment and sexual abuse and demand that “the legitimate rights and interests of the people” be protected.

As such, they are hoping that more signatures will be added to the petition in the upcoming days. It is hoped that the increasing public pressure that comes with the petition will then force lawmakers to face this current social crisis of sexual harassment and sexual abuse and institute changes.

Among the demands, the campaign emphasizes the critical role of civil society organizations in raising community awareness, as well as preventing sexual crimes.

The campaigners are especially concerned with the lack of specific and coherent definitions for a variety of conduct that would constitute sexual harassment in the current Penal Code. They also pointed out that the law should also provide for better protection mechanisms for victims of sexual abuse and violent sexual crimes.

The Penal Code is not the only one that needs changes, according to these activists. The Civil Code also needs to be reformed with the guidelines for victims to receive restitution being improved.

Religion

Updated Report on Freedom of Religion in Vietnam – August 2019

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Focus:

  • The Pure Hoa Hao Buddhist sect objected to the plan to change the original tiles of its An Hoa Tu Pavilion of Ancestral Worship.
  • The first observance of the International Day Commemorating Victims of Acts of Violence Based on Religion or Belief has demonstrated that many independent religious sects in Vietnam practice their religions inside their homes. 
  • Vietnam began a Human Rights Dialogue with Australia on August 29, 2019, in Canberra.
  • Prime Minister Nguyen Xuan Phuc met with leaders of government-approved religious institutions to guide, propagandize, and manage religious practice to be in accordance with the state authorities.

Changes in the law regarding religious practices

The government did not propose any new legal changes to religious practice in Vietnam this month.

Events that stood out during the month of August

Events by religious institutions

1. At the beginning of August 2019, the Pure Hoa Hao Buddhist sect – a religious organization that is not recognized by the Vietnamese government – objected to a plan to replace the original tiles of the An Hoa Tu Pavilion of Ancestral Worship. The tile replacement plan was proposed and was to be carried out by the government-approved Central Executive Committee of the Hoa Hao Buddhist Organization. 

An Hoa Tu is a pavilion of ancestral worship, a common house for all Hoa Hao Buddhists, and where they organize all of their devotions. An Hoa Tu was built in the early years of the 20th century and founder Huynh Phu So selected it to be the center of the Hoa Hao sect. Therefore, it is a temple consisting of many spiritual beliefs. Its pillars, its tiles, or even just a tree, can carry a special meaning for the Hoa Hao Buddhists. The religious teaching of the Hoa Hao also encourages prudence in building temples and worshipping practices. It is why the replacement plan of the tiles has caused the Hoa Hao Buddhists to worry that this may go against the religious sect’s tenets and the teaching of their founder. 

The Pure Hoa Hao Buddhist sect is an independent religious organization. Its members often are harassed by the local authorities because their religion is practiced independent of the state. These members are not allowed to organize their worshipping ceremonies publicly according to the traditions of their religion because the state only allows the Central Executive Committee of the Hoa Hao Buddhist Organization to have the right to organize such activities. The conflict between the two institutions has lingered for many years.

2. On August 22, 2019, many religious groups solely organized their observance ceremonies for the International Day Commemorating Victims of Acts of Violence Based on Religion or Belief. We have not received any reports that the state interfered with these ceremonies. The Cao Dai, Buddhists, Hoa Hao Buddhists, Catholics, and Protestants all proceeded with their ceremonies on private lands and not at their public places of worship. This event strongly demonstrated that many religious groups could not register their activities officially and so could only practice their religions on private premises. For example, regarding the Hoa Hao Buddhists, the state only recognizes the Central Executive Committee of the Hoa Hao Buddhist Organization. If the Hoa Hao Buddhists organize any ceremonies with people gathering, they would be deemed to have violated the law. 

There are also no reports of government-recognized and registered religious organizations that have organized to observe this day.

State events

1. On August 9, 2019, Prime Minister Nguyen Xuan Phuc and senior officials met with 126 religious leaders from all the government-approved religious institutions in Danang City. This meeting was held to promote the state’s management and propaganda among the leaders of these religious organizations. 

According to the People’s Daily newspaper, Nguyen Xuan Phuc acknowledged that Vietnam leads the world in religious equality because it is a country that does not have ethnic or religious intolerance.

According to the government’s electronic gateway, the prime minister has alleged that there have been situations where people have abused religious freedom for the purpose of engaging in national separationism, and to complicate security, social order, and to affect Vietnam’s reputation. Nguyen Xuan Phuc declared two extreme points to guide religious practice in the country:

  •  All religions must join with the government, follow the laws, and resolve all conflicts with openness and goodwill along with the authorities.
  • All religious leaders and their members must  be loyal to the great ethnic unity of the state, and refuse to be used by civil society groups that have activities related to “democracy, human rights, and religious freedom.”

2. On August 29, 2019, Australia proceeded with the Human Rights Dialog with Vietnam in its capital in Canberra. It was the 16th dialogue between the two countries. In the previous dialogue, Australia expressed its concerns to Vietnamese authorities about the limitations on civic space for civil society organizations, limits on civil and political rights, and the increase in harassment, arrests, and the detention of human rights activists.

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Religion

Updated Report on Freedom of Religion in Vietnam – July 2019

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Introduction to the first report

Dear Readers:

Religion and beliefs play an essential part in everyone’s life. There are people who practice their faith by going to a church, a temple, or just praying in their own homes. This colorful picture of religious practice is actively ongoing with many different patterns.

Religious institutions also play a role in the background of a country’s civil society. Before 1975, there were many religious institutions maintaining schools, hospitals, charity organizations, and more in the south of Vietnam. Throughout Vietnam’s history, religious institutions have played a significant role in the life of our people.

However, after the war ended in 1975, and the country was united into one, freedom of religion in Vietnam became lamentable. While the government has begun to recognize the polychromy of religions, at the same time, severe violations of freedom of religion continue to happen in Vietnam.

Because of the issues mentioned above, The Vietnamese and Luat Khoa magazines wish to share with our readers news about the freedom of religion in Vietnam through our monthly newsletter. You are reading the first update on this topic. 

Starting from July 2019, we began doing monthly updates on the situation of religion in Vietnam via a newsletter in Vietnamese published by Luat Khoa and with an English version appearing on The Vietnamese web site.

We sincerely hope to receive your feedback regarding improving our upcoming newsletters via the email address editor@thevietnamese.org

 The focus of the July 2019 Report:

  • Ho Chi Minh City authorities attempted to force the Thu Thiem Congregation of the Lovers of the Holy Cross and Thu Thiem Church to donate their lands for a road-building project along the Saigon River.
  • Two activists from Vietnam who focus on freedom of religion met with US President Donald Trump in mid-July 2019 to share information regarding violations of religious freedom in Vietnam in conjunction with a meeting with victims of religious persecution around the world.
  • Vietnam’s Ministry of Foreign Affairs alleged that the US Department of State’s International Religious Freedom Report was not objective because it relied on what it termed biased evidence.
  • Many baptized Vietnamese Montagnards living in Thailand seeking asylum were arrested and detained by Thai police this year, including women, on charges of illegal residence.

Changes in the law regarding religious practices

There were no legal changes regarding the issue of religion in Vietnam in July 2019. We will soon share with our readers the statutory regulations and how they affect freedom of religion in Vietnam.

Events that stood out during the month of July

Events by religious institutions

On July 17, 2019, together with many international victims who suffered violations of their freedom of religion, two activists from Vietnam – Luong Xuan Duong from Cao Dai Buddhism and Protestant minister A Ga – met with US President Donald Trump. They presented the US   president with details regarding the current situation of freedom of religion in Vietnam. Both Mr. Duong and Minister A Ga were being sponsored for political asylum in the United States and faced danger while advocating for religious freedom in Vietnam. This meeting took place at the second  US Ministerial Meeting to Advance Religious Freedom, which was attended by more than 100 foreign ministers and victims of religious persecution from around the world.

At the beginning of July 2019, a Luat Khoa journalist visited Vietnam’s Protestant Montagnards who fled their homes in the Central Highlands to seek asylum in Bangkok, Thailand. As of now, there are approximately 500 Montagnards who have sought refuge in Bangkok. After the arrest and detention of 133 Montagnards in August 2018, the community believed that the Thai authorities were still holding their relatives for illegal residence in the country. The Montagnards said that they had to flee from Vietnam because the authorities harassed, abused, and imprisoned them for their Protestant beliefs.

State events

On July 4, 2019, Vietnam’s Ministry of Foreign Affairs raised its objection to the International Religious Freedom Report that the US Department of State published. This report contains allegations that the current state of religious freedom in Vietnam is just as miserable as in previous years. It also raises the case of six members of Hoa Hao Buddhism being harassed by local authorities, the persecution of Protestants in the Central Highlands, as well as individual members of religious institutions that the local authorities have not allowed to practice their religion. The Vietnamese Ministry of Foreign Affairs stated that the US Department of State received incorrect information and so was unable  to objectively judge freedom of religion in Vietnam. Le Thi Thu Hang, spokesperson for MFA, said that Vietnam would cooperate and that it would enter into a dialogue with the US regarding freedom of religion in the country.

According to Thanh Nien newspaper, the Ho Chi Minh City People’s Committee has decided to join with the People’s Committee of the Second District to sternly advocate the Church of Thu Thiem and the Thu Thiem Congregation of the Lovers of the Holy Cross turn over their lands to be used in a project to build roads along the banks of the Saigon River, which is the site of the Thu Thiem New City project.

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Death Penalty

Wrongful Death Penalty Cases And The Families That The Inmates Left Behind

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Death row inmates Ho Duy Hai, Le Van Manh, Nguyen Van Chuong. Photo credits: Luat Khoa magazine

Mrs. Loan began to cry softly as she spoke to me one afternoon in late March, when I called to ask if there were any updates on her son Ho Duy Hai, who is sitting on death row in Long An province on a wrongful conviction.

“He is so young, and yet already has suffered over a decade of imprisonment,” she told me over the phone. “I want him to come back home and live a normal life. I want him to get married, and have a child. Sometimes, I just really wish to have a paternal grandchild and that both of my children could live with me like in those happy days before.”

I have been in contact with the Hai family for the past four years, since I first joined the community of Vietnamese bloggers and activists calling for the suspension of Hai’s execution in December 2014, after then President Truong Tan Sang issued an order to stop his execution. It was  then that I began studying his case a bit more and learned that the evidence submitted for his conviction was invalid, and quite frankly, illegal. 

For example, the local authorities wanted to ensure Hai was found guilty and so they purchased a knife at a market and marked it as “similar” to the weapon that they alleged Hai had used in committing the robbery and murder of two women. And with such “evidence,” Hai was convicted and sentenced to death in 2008, when he was a recent college graduate, and just 23-years-old. 

Throughout these years, I have also gotten closer to two more families of Vietnamese who have been handed wrongful death penalties. Those include the families of Nguyen Van Chuong and Le Van Manh. These two men also were convicted and sentenced to death in their 20s with no evidence and following alleged torture by police officers. These three groups of parents meet every month in Hanoi and go together to petition the government to overturn the wrongful conviction of their sons. Each month, if they saved enough money to buy supplies, they will also visit their sons in prison. All of the men were convicted and have been kept behind bars for more than a decade.

Yet, visiting their sons is not quite an easy task because of the financial strain on these families. The words of Le Van Manh’s mother – Mrs. Viet – broke my heart during our most recent telephone call, also in March this year. “If I manage to earn enough money, then I will go to see my son, but making money to support my family is quite difficult given my age,” she told me. “So for some months, I have not been able to see Manh.” 

My colleague based in Vietnam told me that catching fish and other aquatic creatures at the river near Mrs. Viet’s house was the main source of her income. Yet, her determination to fight against his unjust conviction has been so powerful. 

I asked her if she was able to talk about his case when she visited him in jail. “The officers don’t like me to talk about it, but I tell Manh anyways,” she said. “Manh needs hope and the information that people have not forgotten him and are fighting for him gives him hope.”

Mr. Chinh, Nguyen Van Chuong’s father, also has the same fighting spirit. He sends me documents and updates me on Facebook about his son’s case. This year, Mr. Chinh shared with me that the Supreme People’s Procuracy Office in Hanoi contacted him and invited him to go see them. The office told Mr. Chinh that they had sent a request for a trial for cassation in Nguyen Van Chuong’s case. However, the Supreme People’s Court of Vietnam denied such a request without giving any apparent reason. The Procuracy Office used that excuse and the denial to tell Mr. Chinh to stop contacting them. However, that was not a legally sound argument. First, the office recognized that the case needed to be reviewed. Second, the law allows the office to continue sending their request, even after the denial. In fact, the Procuracy Office should continue to submit their requests for Nguyen Van Chuong and not tell his father to forget about the case.

The cost for discussing the details of their cases with their family members during visitations has been quite severe for Nguyen Van Chuong and Le Van Manh. Both of them claimed that they were shackled 24 hours a day a few times. Nguyen Van Chuong’s father also told me that Chuong was being beaten up by other inmates in his prison and being forced to sign a letter for the local authorities confessing to the murder he was convicted of. Yet, the families and the inmates did not yield in front of these pressures and they kept on petitioning for a review of their cases.

Different than Ho Duy Hai, both Chuong and Manh already had children before their conviction. But their wives could not withstand the pressure of having a spouse that was given a death penalty conviction and so they left their children to be raised by Chuong’s and Manh’s parents. The responsibility to raise the children while still trying to exonerate the two men greatly added to the burden of the two families, who are already straining to survive. The grandparents are elderly and cannot find jobs that provide a fair and reasonable income. But at the same time, they have to provide support for a lot of people in their families. 

In Vietnam, there is no organization that really focuses on the issue of the anti-death penalty or that assists people with wrongful convictions. And even though I work on this issue, my non-profit organization is not recognized by the Vietnamese government and our work is classified as “reactionary” conduct. More than that, none of the death row inmates would be allowed visitations by an organization or non-family persons, not even the International Committee of the Red Cross. The inmates are shut off from society entirely and can not have any contact with  people and organizations that care about their cases. In fact, visitations by independent organizations working on behalf of inmates, including those sitting on death row, was a request made by the Committee Against Torture  in its concluding observations for Vietnam in 2018.

As the person who has brought these three cases before the different international law reviews, such as the Committee Against Torture and the Universal Periodic Review of Vietnam, where specific inquiries were asked about them, it is very frustrating for me that international law – such as the International Covenant on Civil and Political Rights (ICCPR) – had not been used for the benefit of the wrongfully-accused inmates. The Human Rights Committee (a body of independent experts that monitors implementation of the ICCPR) sadly acknowledged the fact that the covenant could not actually be implemented by the people of Vietnam in its third periodic report on Vietnam early in 2019. 

The families of Hai, Chuong, and Manh don’t really have support from the public or civil society organizations that operate in Vietnam. They are almost alone during their monthly petitioning to the authorities in Hanoi. They need to find some financial resources to buy supplies to visit their sons each month. More than that, no one actually assists them with funds to buy paper and pay postage fees to send their monthly petitions. And yet, none of the parents will call for financial support from the public for their families when I spoke to them. Instead, they all told me that they just want a review of the cases in an independent court of law. 

Their determination and belief in justice and rule of law always encourages and inspires me to continue to bring their cases to more people, which I will do until the day that these cases are  fairly reviewed and rightfully settled.

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