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Facilitator in EU-Vietnam Free Trade Agreement Fails to Disclose Links to Vietnamese Communist Party, Possibly Violating Code of Conduct

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Member of European Parliament (MEP) Jan Zahradil, who is currently the rapporteur (or facilitator) for a free trade agreement (EVFTA) and an investment protection agreement (IPA) between the European Union and Communist Vietnam, has failed to disclose his links to the Vietnamese Communist Party, in possible violation of the European Parliament Code of Conduct, a letter to the President of the European Parliament (EP) has revealed.

The letter, sent by Philippe Lamberts, one of the co-presidents of the Greens/European Free Alliance Group, cites a recently published article by the EU Observer which accuses Zahradil of a “conflict of interest” after it was revealed that Zahradil failed to disclose that he was chairman of the Advisory Council to the Federation of Overseas Vietnamese Associations in Europe (FOVAE).

The FOVAE is itself set up under the guidance of the Vietnamese Fatherland Front (VFF), a broad-based political organization controlled by the Vietnamese Communist Party. The Vietnamese Fatherland Front has been compared to China’s United Front in its influence operations, and a 2016 official report from the Czech government confirms that the VCP uses the FOVAE as a means to control overseas Vietnamese communities.

The EU Observer reports that Zahradil is also chair of a parliamentary “friendship group” to Vietnam, which is “[o]ften billed as a means to increase cultural understanding, promote values, and better inform the public […but is] in fact often backdoor entries for pariah governments seeking greater access to the European Parliament.”

In response, Zahradil sought to downplay the FOVAE and friendship group’s significance, citing the former’s inactivity and the latter’s informality.  Ample evidence found by the EU Observer calls both of these assertions into question.

In particular, the EU Observer cites examples from Vietnam’s own state-run media which show a healthy relationship between Zahradil and active FOVAE chairman Hoang Dinh Thang (who is also on the Presidential Committee of the VFF). Another article from the Vietnam People’s Army website touts the efficacy of the parliamentary “friendship group” in advocating for the EVFTA.

Regardless of these two groups’ relevance, Zahradil’s failure to disclose his links may directly violate Article 3 of the European Parliament’s Code of Conduct, which requires that “Members shall disclose, before speaking or voting in plenary or in one of Parliament’s bodies, or if proposed as a rapporteur, any actual or potential conflict of interest in relation to the matter under consideration”.

Jan Zahradil is of Czech origin and has been an MEP since 2004. He is a member of the Civic Democratic Party and part of the rightwing Eurosceptic group “European Conservatives and Reformists” (ECR) in the EP. In addition to rapporteur for the EVFTA and IPA, he is also vice-chair of the EP’s International Trade Committee (INTA).

Although the EVFTA and IPA have both been signed by Vietnam and their EU counterparts, the agreements (and their amendments) must be formally ratified by the European Parliament at its plenary session in February 2020 in order to take effect. NGOs and democracy groups insist Vietnam’s deteriorating human rights record must be improved before the EU proceeds with these agreements.

Update: Jan Zahradil has resigned from his position as rapporteur for the EVFTA, effective December 10th.

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Vietnam Reports Zero COVID-19 Deaths – Drawing Praise and Scrutiny

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Banner by Le Duc Hiep
Banner - created by artist Le Duc Hiep - to encourage people fighting the coronavirus in Vietnam.

With the government’s new decree against “fake news,” the official COVID-19 numbers are being questioned

Photo credits: Screenshot from Ministry of Health, April 23, 2020

While the world death toll due to COVID-19 has topped 190,000 cases and many countries around the world have reported an alarming number of fatalities — from 50 deaths in Thailand to more than 50,000 in the US — Vietnam, along with neighboring countries, Laos and Cambodia, has reported a total of zero deaths.

Although the Vietnamese government has recorded 268 COVID cases and shown strong public health initiatives, including a handwashing song that went viral, nevertheless, the reported zero deaths and relatively low cases are questionable, especially coming from an authoritarian country with a record of bending the truth.

A “Textbook Approach”

Vietnam does deserve credit for having made an early response, even before the country saw its first case. According to The Diplomat, the Ministry of Health issued urgent messages on outbreak prevention to government agencies on January 16 and to hospitals and clinics nationwide on January 21. The country recorded its first cases on January 23 in Ho Chi Minh City, just two days before the Tet Lunar New Year holiday.

Todd Pollack, an infectious disease specialist at Harvard Medical School who works with a Harvard initiative in Hanoi, Health Advancement in Vietnam (HAIVN), told Reuters that Vietnam learned its lesson after the SARS outbreak in 2003 and adopted a textbook approach in its early response strategy. 

On March 16, Vietnam began compulsory testing and a 14-day quarantine for persons in virus-hit areas as well as some arrivals from overseas. Some of the quarantine camps were set up at military bases. According to Reuters, the numbers quarantined reached at least 44,955.

While democratic countries, such as Taiwan, South Korea, and the United States, have mostly enforced home quarantines, authoritarian countries like China and Vietnam have resorted to quarantine camps with questionable practices.

Were the Government’s Actions Enough?

The Vietnamese government’s actions have been praised as a low-cost model for developing countries. While wealthier nations like Taiwan and South Korea have been able to perform mass testing, Vietnam’s method of contact tracing and quarantining is relatively less expensive. 

Still, despite the country’s preventative efforts, Vietnam’s international border was still porous until March 25, when the country canceled international flights. As new data has revealed that one-fourth of carriers don’t exhibit symptoms, it is highly possible that asymptomatic carriers brought the virus to Vietnam and “super spreaders” exponentially passed it around in the same way the virus spread and  inflicted deaths in almost every country around the world – except for authoritarian countries.

North Korea has also reported no deaths. Western officials suspect the reported numbers coming out of China, Saudi Arabia, Iran, Russia, and Indonesia.According to a U.S.-intelligence report confirmed by Bloomberg, China’s public tally of COVID-19 infections and deaths is false.

In more developed Asian countries like Taiwan, South Korea and Singapore, which also share the recent memory of the 2009 H1N1 and 2003 SARS pandemics, they also reacted to COVID-19 with strong public health measures. But despite these countries’ greater wealth, resources and expertise (as well as the lack of a border with China), they have more COVID-19 cases and deaths than Vietnam: South Korea 240 deaths, 10,702 cases; Singapore 12 deaths, 11,718 cases; Taiwan 6 deaths, 427 cases.

In South Korea, the fatality rate among confirmed cases is 2.2 percent; the United States is 4.3 percent and in Italy (with a large elderly population), the fatality rate is 12.8 percent. Compared to the rest of the world, Vietnam’s zero death rate among 268 cases is statistically significant.

To further repress the sharing of information, Vietnam began fining people for spreading “fake news” with a new decree drafted in February. This decree (the official number is 15/2020/NĐ-CP) updates the cybersecurity law passed last year with more stringent measures, including penalties against anyone sharing banned publications or using social media to share false, untruthful, distorted, or slanderous information.

“This decree provides yet another potent weapon in the Vietnamese authorities’ arsenal of online repression,” Tanya O’Carroll, director of Amnesty International Tech, told Reuters. “It contains a raft of provisions that blatantly violate Vietnam’s international human rights obligations”.

Hundreds of fines have already been handed out, with fines ranging from 10-20 million dong ($426-$853), equivalent to around three to six months’ basic salary in Vietnam, Reuters reports. In March, a woman in Ha Tinh was fined for a Facebook post in which she incorrectly said the coronavirus had spread to her local community.

Vietnam Under Lockdown

Even if the international community were to believe that Vietnam’s reporting of zero COVID-19 deaths is accurate, it begs the question: Why did the government mandate a lockdown, put the economy in dire straits, continue to expend a great deal of resources quarantining thousands of people and encourage people to maintain a social distance?

For instance, why not follow Sweden’s policy, which has steered clear of mandating a lockdown and only advised people to avoid non-essential activities. Four U.S. states also have no lockdown.

Some observers believe that the Vietnamese government can earn a great public image by touting zero deaths and indeed, the Vietnamese government has been praising itself in state-owned media and winning acclaim internationally, including in NPR and The World Economic Forum.

Furthermore, the zero death count helps to shore up a belief among Vietnamese citizens that the authoritarian system is better able than democratic countries to handle crises. Prime Minister Nguyen Xuan Phuc has described Vietnam’s actions to control the virus as the “spring general offensive of 2020,” referring to the 1968 Tet Offensive by Communist forces during the Vietnam-American war.

“Autocrats love a crisis,” writes Michael Abramowitz and Arch Puddington of Freedom House in a Los Angeles Times op-ed. The writers describe Turkey, Venezuela and Russia using various crises to entrench their power, such as the 2004 school bombing in Russia and the failed coups in Turkey and Venezuela. It’s clear Vietnam has been taking notes from other authoritarian powers as it has exploited the health crisis to strengthen its power and take away freedom of speech from citizens. 

As the rest of the world continues tallying up its death count, Vietnam is now being closely watched by international observers to see whether the country will be able to control the spread of the virus – or suppress the truth – in the long run.

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Land Rights

Tensions Mount in Aftermath of Attack on Dong Tam Village

Leader Le Dinh Kinh killed, wife tortured, and 22 others charged, as civil society demands answers from government

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As details and testimonies slowly emerge from Dong Tam after a surprise government raid early the morning of January 9, tensions between officials and civil society activists continue to mount as the two groups fight to clarify events that led to the deaths of 84-year-old village leader Le Dinh Kinh and three police officers, as well as the arrest of more than 30 villagers.

Compounding tensions is the fact that Vietnam is a one-party authoritarian state in which all official news, press, and media outlets are controlled by a single communist party. Citizen-journalists make ample use of social media to counter the systemic bias, as the general population struggles to establish the facts.

State media announced yesterday that 22 individuals have been charged: 20 for murder, including two of Kinh’s sons, Le Dinh Chuc and Le Dinh Cong, as well as 2 others for obstruction of officials. Murder is among the most serious charges of the Vietnamese penal code, with punishment ranging up to and including the death penalty.

The clash in Dong Tam was the culmination of a land dispute that had been simmering for years over private farmland earmarked for a military airport (Mieu Mon). Experts state that land disputes in Vietnam have become increasingly common, at Loc Hung garden in Ho Chi Minh City most recently, due to the ambiguous laws that the ostensibly “communist” country has enacted regarding land ownership.

According to villager testimonies, around 3 AM the morning of January 9, 2020, approximately 3,000 officers from the police, riot, and armed forces carrying clubs, sticks, guns, shields, and tear gas grenades poured into Dong Tam village (My Duc suburban district, Hanoi), targeting village leader Le Dinh Kinh’s house.

Collecting eyewitness accounts, citizen-journalist and activist Pham Doan Trang explained: “as violent skirmishes broke out, police used an explosive charge to blow a hole into village leader Kinh’s house, all while firing bullets and tear gas. Other officers tightly sealed off all the paths and alleyways in the village and used German shepherds to hunt down ‘culprits’. The villagers responded with rocks and Molotov cocktails. Police completely collapsed the roof of Le Dinh Kinh’s house and more than 30 members of his extended family were taken away.”

Trang reports that the Dong Tam area is currently under complete lockdown and no independent journalists have been allowed in, noting state media outlets simultaneously began reporting the same story January 9, citing a single source: Vietnam’s Ministry of Public Security. The brief statement from the ministry stated that a number of officers ‘sacrificed themselves’ in the line of duty, while one ‘hostile culprit’ died.

It was not until January 10 that state media identified the “hostile culprit” as village leader Le Dinh Kinh himself, who was accused of leading a mob of villagers to “obstruct officials” who were working on constructing a wall delineating Mieu Mon Airport. Officials did not explain why this work was being done at four in the morning, nor why 3000 officers were present in the village rather than closer to the Mieu Mon work site, a few kilometers away. Officials handed over Kinh’s body to villagers the same day (January 10).

Security footage showing numerous riot police marching through Dong Tam, early on the morning of January 9. Photo: Trinh Ba Tu

Luong Tam Quang, deputy head of the Ministry of Public Security, explained at a press conference January 14 that Kinh was shot because he was “holding a grenade” and posed a threat to security forces. Quang, however, confirmed that the Ministry of Public Security did not have an arrest warrant for anyone when police stormed Kinh’s private residence.

Kinh’s wife, Du Thi Thanh, told land rights activist Trinh Ba Tu that Kinh was shot right in front of her, twice in the head, once in the heart, and once in the left foot. A viral video of Kinh’s body on social media showed a single bullet hole near his heart, and an unexplained long surgical scar down his abdomen.

Kinh’s funeral was held January 13, but the area of Dong Tam remained under high security, with the internet cut. Little to no footage of the funeral is available, and supporters were largely prevented from attending.

Public outpouring of support for Kinh has been swift on social media, with many seeing him as a exemplary moral leader who consistently fought for the weak. In his lifetime, Kinh was a peasant farmer, a revolutionary soldier who had fought against the Americans, a Communist Party member at 20, head of police in his village, and both party secretary and chairman of the village’s Party committee in the 1980s.

That the Vietnamese government has killed a model Party member has intellectuals commenting on the inherent symbolism, stating Kinh’s murder represented the communist regime “digging its own grave”.

Kinh’s wife, Du Thi Thanh, herself suffered harsh mistreatment from the authorities, and in a surreptitiously recorded video that has spread on social media, she details how police slapped and kicked her repeatedly to force her to falsely confess to using grenades and petrol bombs.

Kinh’s wife, Du Thi Thanh, explains how police repeatedly slapped and kicked her to force her to sign a false confession.

Her son Le Dinh Cong, adopted daughter Bui Thi Noi, and her grandchildren Le Dinh Doanh and Le Dinh Quang are also likely victims of forced confessions, as their battered images appeared on state television January 13, stoically confessing to making petrol bombs and other weapons to attack police. They admitted they had broken the law, even implicating prominent activist Nguyen Anh Tuan and blogger Le Dung Vova in encouraging “anti-state” activities.

All four subjects were covered in scrapes, black eyes, bruises, and swellings, and looked down as they spoke during the entire recording, appearing to be reading from statements off-camera.

Forced scripted confessions, particularly those aired on state television, are common in authoritarian regimes, like Vietnam, China, and North Korea.

State media also reported that Le Dinh Chuc, Le Dinh Kinh’s second son, is laying in a hospital; his condition is unknown.

The January 14 press conference further identified the three police officers killed in the raid as: Colonel Nguyen Huy Thinh, Captain Pham Cong Huy, and Lieutenant Duong Duc Hoang Quan.

After days of state media reporting that the villagers attacked and killed the officers by grenades, knives and petrol bombs, deputy head Quang admitted that the three individuals had fallen down a four-meter skylight in Kinh’s residence while pursuing suspects. He alleges that Dong Tam residents, upon seeing the officers in the well, poured gasoline and lit them on fire.

All three officers have been given posthumous awards and the honorary title of “martyr” by President and Party General Secretary Nguyen Phu Trong for their service.

Vietnam has cracked down on those challenging the official narrative, and according to citizen-journalist Pham Doan Trang, the government has arrested people in Can Tho, Quang Ngai, and Dak Nong for posting online about the event. She also notes that land rights activists (and brothers) Trinh Ba Tu and Trinh Ba Phuong, who are in direct contact with the Dong Tam villagers and have worked to smuggle information out, are currently at high risk of arrest.

Facebook itself is now complicit in the oppression, activists say , as the government—using a cybersecurity law it passed in 2018—has succeeded in pressuring the company to remove videos and posts regarding the Dong Tam attack; Vietnam’s own online army has succeeded in bringing down some activists’ profiles through coordinated campaigns.

An example of a notification that users in Vietnam see for “banned” content. Photo: Dinh Thao

Vietnamese civil society organizations have responded accordingly, organizing several campaigns to bring awareness to the event, as well as pressure the Vietnamese government to address inconsistencies and unknowns in the government’s “evolving” narrative.

Luat Khoa Magazine, an independent journal that covers legal and political issues in Vietnam, has mailed a letter to To Lam, head of Vietnam’s Ministry of Public Security with a list of fundamental legal questions for Mr. Lam to answer (English translation here), while a nationwide, weeklong “Pray for Dong Tam” color campaign launched Sunday, Jan 12, calling for calm, mourning, and an objective investigation into what transpired January 9 (English translation here).

Perhaps most significantly, the “Dong Tam Task Force”, an ad hoc organization established by leading Vietnamese activists, launched January 13 to organize, coordinate, and facilitate fact-finding in the Dong Tam attack (English translation here). It also aims to protect the remaining village witnesses from further government harassment and arrest.

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Land Rights

Long-simmering Land Dispute in Hanoi Suburb Explodes in Violence, Killing 4

In scenes resembling a war zone, Dong Tam villagers vow to fight to the death to resist “corrupt” land reclamation

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Amid sounds of explosions, screams, and gunfire, the villagers of Dong Tam, a rural commune 35 km southwest of Hanoi, clashed with Vietnamese police in the early morning hours of January 9, killing three police and one civilian, state-controlled media reported this afternoon.

According to the BBC, at 4 AM, police cordoned off Dong Tam in coordination with local ground forces and attacked villagers over a disputed piece of land. The villagers, who were never officially notified but had only heard through unofficial channels, declared in video recorded an hour before the attack that they would “fight to the death”.

In a message to fellow Vietnamese citizens, a villager of Dong Tam states that the government is shooting at them. He declares that the villagers will “fight to the death”. Nguyen Anh Tuan

The land had been earmarked since 1980 to form a part of the Mieu Mon military airfield, but in 2015, the plan was expanded to take up more nearby farming land and generalized to become an airport.

Citizen-blogger social media reports say police burst into the village with tear gas and grenades filled with plastic ball bearings, and descended upon village leader Le Dinh Kinh’s house, shooting and killing one individual, who remains unidentified as of this report.

Le Dinh Kinh and his son Le Dinh Cong have served as village representatives during repeated land disputes with the government. Media outlets have been unable to reach Le Dinh Cong for comment, but villagers say Cong’s family is in police custody and his father Kinh had gone into hiding a few days prior to the showdown. Prominent activist Anh Chi says those in custody include at least Cong’s daughter-in-law and two other family members.

Village leaders direct statements to the country and to the world at 3 AM, January 9, an hour before police descend on Dong Tam village, demanding justice and protection against government oppression. Nguyen Anh Tuan

Another witness describes “thousands of police officers rushing into the village” using flash grenades, firing tear gas, shooting rubber bullets, blocking off all pathways and alleys, and beating villagers indiscriminately, including women and old people. The witness stated that electricity to the village has not been cut, but the internet has.

According to state media, which quotes an official statement from the Ministry of Public Security, it was villagers who attacked police with “grenades, petrol bombs, and knives” as officials tried to erect a wall delineating Mieu Mon airport. The statement accuses villagers of obstructing official duties and “disturbing public order”, a catch-all often used to describe anti-government actions in Vietnam.

Dong Tam previously made international headlines in April 2017 when it held hostage 38 government officials and police officers in another land dispute with Viettel, a military-owned telecommunications company.

According to VNExpress, 46 hectares were granted to Viettel in March of 2015, only for villagers to complain to the government in June of 2016 that the land was being taken away from farming. Villagers were able to successfully fight off land reclamation from late 2016 until February 2017.

The land dispute came to a head in April 2017 when villagers captured more than three dozen officials and police and held them hostage as leverage for government dialogue. All hostages were released by April 22, after the mayor of Hanoi, major-general Nguyen Duc Chung, came to negotiate with villagers personally.

The villagers of Dong Tam, in a past meeting regarding the land dispute. Le Dinh Cong sits in green, first row, farthest right. His father Le Dinh Kinh sits two seats to the left, in peach. BBC Vietnamese

Vietnamese activists and experts believe the central conundrum causing Vietnam’s land disputes lays in the country’s political regime: “how [does one] allocate land in a Communist country that allows quasi-private ownership rights but still considers all land to be state property”?

According to the NYTimes, “[i]n 2013, Vietnam tweaked its land law in ways meant to introduce more transparency into eminent domain [i.e. government land reclamation] cases. […] But experts say land disputes continue, in part, because the 2013 revisions do not allow private ownership or set clear definitions of what qualifies as the public interest in eminent domain cases.”

Mike Ives of the NYTimes reports further: “[l]and disputes are common on the fringes of Vietnamese urban areas, where land values are often high; villagers are typically compensated at prices well below market rates for agricultural land that is later rezoned for other uses. John Gillespie, a professor at Monash University in Australia who is an expert on land reform in Vietnam, said in an interview that the disputes tended to be more violent when villagers perceived that business interests outweighed public ones.”

Dong Tam, with a population of around 9,000, continues to be under siege, according to social media reports. All parties involved remain on edge, with activist Anh Chi stating that “Tuan Ngo, one of lawyers helping the villagers, came to Dong Tam but was stopped outside. He was threatened to be arrested by a man in plainclothes with aggressive words.”

Images of one of the police officers killed in the clash have also begun circulating on social media, with those on both sides of the land dispute expressing sympathy. Nhu Quynh, whose 27-year old husband appears to have been involved at Dong Tam, inadvertently revealed in her caption that 3000 police officers were deployed. The image (screencaptured below) has since been taken down.

Translated post: “Oh, my husband!!! Of 3 thousand officers, why did it have to be you?” The Vietnamese

Le Dung Vova, a well-known activist and writer has stated of land disputes in Vietnam: “Things will not stop at Dong Tam. […] Similar incidents will keep happening everywhere [as in Loc Hung Garden], with different levels of intensity, especially as land resources become more scarce.”

Update: BBC News has reported that Dong Tam’s leader Le Dinh Kinh has passed away January 10, after clashing with government forces in the early morning hours of January 9.

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