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Human Rights

A Prisoner’s Dilemma: The State Of Human Rights Defenders In Vietnam

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Photo: The 88 Project.

Since the United Nations released the first World Report on the Situation of Human Rights Defenders in 2018, the many human rights violations committed by the Vietnamese Communist Party (VCP) have slowly come under international scrutiny. 

Many of the same issues presented in the report mentioned above, such as the VCP’s active restriction of the rights to freedom of expression, freedom of assembly and association, or a fair trial with due process, continue to persist three years down the line. Even though fewer Vietnamese citizens were convicted in 2020 than in 2019, more were persecuted through other means for simply exercising their supposedly protected rights. 

The 88 Project’s 2020 Human Rights Report on Vietnam explores, details, and highlights the many struggles that Vietnamese activists faced that year. And much to everyone’s expectations and disappointment, Vietnam continues to fail in its international obligations to protect the right of free speech and the well-being of its human rights defenders.

People at Risk

Sharing similarities with the data presented by the Human Rights Measurement Initiative, the report states that, “[o]f the 35 people arrested in 2020, nine were women…. The top areas of activism of those arrested in 2020 were democracy activists (16), land rights (11), human rights (9), and freedom of expression (8) [and] [t]he most common occupations of those arrested in 2020 were farmers (8), journalists (4), and teachers (3).”

Of those arrested, eight were denied legal representation for the charges filed against them, four were not allowed to be visited by friends or family, six were part of small religious sects, and nine came from ethnic minority groups.

Several high-profile activists were also jailed, such as Pham Doan Trang, a writer and co-founder of the Luat Khoa and The Vietnamese online magazines, and Pham Chi Dung, president of the Independent Journalists Association of Vietnam (IJAVN). 

Eleven online commentators were also taken into custody in 2020, and their number makes up roughly 31 percent of all arrests made that year. The most shocking thing is that these people were brought to jail even though they were not members of any specific civil society group; they were arrested for the sole reason that they chose to air  their grievances against the Vietnamese government.

In summation, it is clear that no one is safe from the VCP. It hardly matters to them if you are an activist fighting tooth and nail for your principles and beliefs or an average citizen trying to be as discreet as possible. If you publicly express any discontent or disapproval with the government’s actions you run the genuine risk of being put under the spotlight and you will not be safe from the Communist Party’s malicious retribution. 

The Injustice of the Law

The charges facing those arrested are based on specific provisions in the 2015 Vietnamese Penal Code. 

To be specific:

  1. Article 118: disrupting security
  2. Article 331: abusing democratic freedoms 
  3. Article 117: conducting propaganda against the state 
  4. Article 330: resisting officers in the performance of their official duties

These statutes, according to Brad Adams, executive director of Human Rights Watch’s Asia Division, involve national security in Vietnam laws which “are vaguely defined and often used arbitrarily to punish critics, activists, and bloggers.”

He adds, “it’s even more outrageous to lock up someone for five years just because the government arbitrarily decides that they are preparing to criticize the government.”

Yet, this is far from the only maltreatment faced by those arrested.

Several detained individuals have also been denied access to legal representation, meaning that they were sent directly to trial without consulting with a lawyer. And even if they were allowed to meet an attorney, the lawyers were often not given all of the relevant material they might have needed to help defend their client in court.

Additionally, the appeals of political prisoners for reduced sentences or a retrial are often ignored by the judiciary or are not granted. In 2020, only two who appealed their case, Dang Thi Hue and Bui Manh Tien, successfully had their pleas heard. Yet, the sentences of each one were only reduced by three months. 

It is apparent that the Vietnamese legal system is skewed against human rights defenders and activists. They are not afforded the legal remedies that they are entitled to by law, and they are also not given proper and impartial trials or allowed to use arbitration to plead their cases. 

The Vietnamese government actively refuses to abide by the due process standards that it has codified into law. In any other democratic country, this kind of behavior would not be acceptable. But in a one-party state run by strongmen, this is sadly the norm. 

Life Behind Bars

For those already incarcerated, their situation is far from ideal. According to The 88 Project’s report, political prisoners are often “forced into severe physical and psychological conditions” such as the “denial of family communications, denial of adequate healthcare, forced mental health treatment, solitary confinement, and punitive prison transfers.” 

The COVID-19 pandemic has only served as further justification for the Vietnamese government to deny people proper and humane treatment. 

The report also details the situations of several imprisoned activists in 2020, such as Hoang Duc Binh, Chau Van Kham, and Nguyen Van Tuc, who are not only barred from meeting or even speaking with their family but are also denied medical care for their severe and underlying health conditions. 

Le Anh Hung and Pham Chi Thanh are the names of other political prisoners made to undergo mental health treatments despite being perfectly sane and normal; they, and others like them,  are forced to take anti-psychotic medication and are made to undergo ethically questionable psychiatric therapies which border on torture. 

The appalling conditions that political prisoners face in Vietnam are vicious, nasty, and inhumane. They are treated even worse than livestock; they are seen as pariahs, not deserving of even the slightest modicum of respect. 

The prison situation reflects what the VCP thinks about the citizens of the country. The moment you become inconvenient, detrimental, or even a minor nuisance to their unchecked power and greed, they will not hesitate to use force, torture, or even to threaten you with the possibility of death to crush your body and spirit. 

***

The tactics used by the Vietnamese government and its state agents against activists and human rights defenders are nothing new; these actions are what they’ve been doing for decades now.

However, due to the ongoing global pandemic, the VCP feels emboldened to further step on the necks of the people it thinks are a danger to its position in society. The Party is willing to toss away the humanity and decency of its citizens just to sate their never-ending lust for riches and power. 

The authorities use force and fear in tandem to scare the populace into silence and compliance. 

Yet, as imposing and threatening the VCP wants itself to appear, it has failed to acknowledge one simple fact: these acts of oppression against Vietnamese citizens betray the Party’s fear and paranoia.

In reality, the authorities are the ones who are scared. They live in fear that one day, the people may grow wise to the truth: that real power lies not in the state or its corrupt institutions but within the farmer, the student, the teacher, the journalist, and the worker. It is found in the breasts of mothers, fathers, and their children, and in the hearts of all those who desire a better future for themselves and those they love. 

The Vietnamese government continues to act with impunity, not because of its abundance of strength but because of its lack of strength. 

Human Rights

Vietnam To Try Pham Doan Trang For Propagandizing Against The State On November 4, 2021

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Pham Doan Trang. Graphic: Luat Khoa Magazine.

On October 14, 2021, attorney Dang Dinh Manh, one of Pham Doan Trang’s lawyers, posted on his Facebook that the People’s Court of Hanoi will try the prominent journalist and writer on November 4, 2021. Manh further indicated that the same court will also try Trinh Ba Phuong and Nguyen Thi Tam – two of the Duong Noi farmers – on November 3, 2021.[1]

Furthermore, sources informed The Vietnamese Magazine that the authorities have yet to officially approve any of Doan Trang’s attorneys to be her legal representatives. Attorney Manh confirmed that the government informed him of the information about Doan Trang’s trial via telephone. 

On October 6, 2021, Pham Chinh Truc, Doan Trang’s brother, received a notice from the Hanoi People’s Procuracy Office regarding his sister’s case status. That day also marked one year since the Vietnamese authorities arrested Doan Trang in Ho Chi Minh City. During this entire time, she has been held incommunicado. Her lawyers also received minimal information from the authorities about her case. 

Hanoi People’s Procuracy notified Truc that they had decided to transfer the case to the People’s Court of Hanoi after recommending her indictment on August 30, 2021. 

The Procuracy, however, did not specify what its recommendations are and what have been her conducts that fall under its possible charges against Pham Doan Trang. It is charging her with “conducting propaganda against the Socialist Republic of Vietnam,” which falls under either Article 88 of the 1999 Penal Code; she faces the possibility of a 20-year sentence. The Procuracy also failed to provide any evidence that it may have found during the year-long investigation leading up to the case being transferred to the Court. 

However, because none of her attorneys have yet to be officially recognized by the government, they did not receive the government indictment. In other words, both her family and her attorneys still do not know what evidence the government has against Doan Trang or the details of the charges against her. In the next few days, her attorneys will file a motion to delay her trial so that they can better prepare for her defense, The Vietnamese Magazine has learned.

Trinh Huu Long, the co-director of Legal Initiatives for Vietnam (LIV) and one of Doan Trang’s closest colleagues told The Vietnamese:

“It’s highly unusual that an activist is held completely incommunicado until just before the trial such as has happened with Doan Trang. This is nothing less than an extremely severe violation of both domestic and international laws. It is also ironic. The government wants to punish Doan Trang because she made it look bad, and Vietnam calls this is the rule of law, while the government itself has long gotten away with all sorts of inhuman treatment and violations of its own laws.”

Notes:

[1] Our previous version of this article has stated that Pham Doan Trang’s trial will be on November 3, 2021. However, Attorney Dang Dinh Manh since then has corrected his earlier statement and her trial will be on November 4, 2021.

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Human Rights

Tightening The Noose: The Latest Developments In Vietnam’s Assault On Internet Freedom

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Screenshot of Vietnam section on CIVICUS website. Photo source: CIVICUS.

On August 25, 2021, U.S. Vice President Kamala Harris met with several of Vietnam’s top leaders. According to a report by Reuters, while the focus of their dialogue centered on the South China Sea dispute and the strengthening of U.S presence in the region, she also brought up several human rights concerns with the Vietnamese government. Although Harris did not provide details about what they had discussed, the vice president assured the press that “[the United States] was “not going to shy away” from difficult conversations with countries the United States has partnerships with.

Prior to her arrival, Vietnam was already dealing with a surge in Covid-19 infections, which resulted in lockdowns and travel restrictions in several places in the country, including Ho Chi Minh and Hanoi. As of September 26, Vietnam has tallied over 476,000 confirmed cases with 18,000 deaths. The Vietnamese government’s approach to containing the spread of the virus has been questionable at best with its use of state media and propaganda to control the narrative and deployment of the military to enforce lockdown measures. 

Yet, despite the ongoing health crisis and the dialogue with the U.S. vice president, Vietnam continues its crackdown, detention, and imprisonment of several online critics, journalists, and activists. 

Freedom on the Net 2021

Freedom House, a US-based organization founded to support and defend democracy worldwide, released its annual Freedom on the Net report on September 21, 2021. This report analyzes the state of accessibility and censorship of a country’s cyber domain, alongside violations of internet users’ rights, and ranks each nation as being Free, Partly Free, or Not Free. It comes as no surprise that Vietnam continues to fare poorly in this regard; it has been classified as Not Free for three consecutive years and has been performing terribly under the standards set by Freedom House. 

This research highlights several aspects of the state of internet freedom in Vietnam. Regarding accessibility, Freedom House states that smartphone and internet penetration in the country has been good with internet prices becoming more affordable. However, connectivity continues to remain an issue for those living in extreme poverty and for ethnic minorities who live in the remote mountainous areas of Vietnam. Censorship also continues to be practiced by the Vietnamese government as it blocks or filters content coming from individuals and organizations that are critical of the regime. Predictably, Vietnam’s violation of internet-user rights is just as rampant compared to prior years with “police routinely [flouting] due process, arresting bloggers and online activists without a warrant or retaining them in custody beyond the maximum period allowed by law.”

CIVICUS: Latest Developments in Vietnam

On September 27, 2021, CIVICUS, an international alliance of various organizations that aim to strengthen citizen action and civil society worldwide, released its own report that details more recent events regarding the state of internet freedom in Vietnam. Similar to Freedom House, CIVICUS classifies Vietnam as Closed according to its own standards; a country with this rating exhibits “a complete closure of civic space” where “an atmosphere of fear and violence prevails, where state and powerful non-state actors are routinely allowed to imprison, seriously injure and kill people with impunity.” Criticism of those in power is also severely punished. Likewise, media freedom is virtually non-existent and the internet is heavily censored.

The CIVICUS report begins by highlighting the cases of several Facebook users who were arrested or imprisoned under Articles 117 and 331 of Vietnam’s Criminal Code. Nguyen Van Lam and Tran Hoang Minh were both found guilty by Vietnamese courts of violating these statutes on July 20, 2021. Lam was sentenced to nine years in prison for “posting anti-state writings and sharing videos and other content, including broadcasts considered politically subversive,” and for “creating, storing, disseminating information and materials against the Socialist Republic of Vietnam.” Minh was given five years of jail time for “abusing democratic freedom” and for his objections to the Dong Tam land dispute incident

The report continues with the arrests of Facebookers Tran Hoang Huan and Bui Van Thuan, on August 10, 2021, and August 30, 2021, respectively. Huan’s recent posts voiced his objections and concerns regarding Vietnam’s use of Chinese-made COVID-19 vaccines. He was charged by the Tien Giang People’s Procuracy for “making, storing and spreading or propagandizing information or documents against the state under Article 117 of the Penal Code.”  Bui Van Thuan was arrested in his home by policemen who pretended to be medical workers. Bui Van Thuan’s wife, Trinh Nhung, stated with The 88 Project that Thuan had previously posted “biting commentaries against the government’s handling of COVID-19 and other political issues.”

The more recent cases of Nguyen Thuy Duong and Nguyen Duy Linh are also mentioned in the report. CIVICUS states that Amnesty International had reported on September 2, 2021, that Duong had been fined 5 million dong (US$220) for sharing a Facebook post that accused Vietnamese authorities of neglect during the COVID-19 lockdown. This post blamed the government for the rampant spread of hunger among city residents during this time. Nguyen Duy Linh was arrested on September 14 and charged by state authorities with “conducting anti-state propaganda” under Article 117 of the country’s Criminal Code.

Updates regarding the case of detained human rights defender, journalist, and co-founder of The Vietnamese and the Luat Khoa online magazines, Pham Doan Trang, are also included in the CIVICUS report. On September 6, 2021, the government informed Doan Trang’s lawyer, Luan Le, that his client would be “formally indicted with ‘conducting propaganda against the Socialist Republic of Vietnam under Article 88 of the 1999 Penal Code.” Despite her case being brought to the attention of the United Nations Working Group on Arbitrary Detention (UNWGAD), she still faces the very real possibility of being sentenced to 20 years imprisonment. 

Radio Free Asia’s coverage regarding the arrest of five journalists from the Facebook-based news outlet, Bao Sach (Clean Newspaper) is also mentioned in the report. Truong Chau Huu Danh, Nguyen Thanh Nha, Doan Kien Giang, Nguyen Phuong Trung Bao, and Le The Thang were charged with violating Article 331 of Vietnam’s Criminal Code for posting “anti-state and reactionary information” which delved into information that was “inappropriate, distorting, against the country’s interests, and slanderous of the people’s administration.” Thang is currently released on bail while the other four journalists are still in detention. Truong Chau Huu Danh, the founder of Bao Sach, also faces the additional charge of posting stories that “generated bad interactions between internet users in the cyber environment” which “propagandized, distorted, defamed and seriously slandered Party organizations and local Party committees.”

Tran Huu Duc and Le Thi Kim Phi were accused by the authorities of using Facebook to connect with members of the U.S.-based Provisional Government of Vietnam, an organization founded in 1991 by former soldiers and refugees who remained loyal to the South Vietnamese government after the war. Than Huu Duc was arrested in January 2021 and charged under Article 109 of Vietnam’s Penal Code for “gathering information on Nghe An residents … for a referendum on naming [Provisional Government of Vietnam] member, Dao Minh Quan, as president of Vietnam.” Duc was also accused of “posting political content online” that opposed government policies and “slandering leaders of Vietnam’s ruling Communist Party.” In September 2021, Le Thi Kim Phi was arrested and charged under the vague clause of “carrying out activities to overthrow the government.” 

In January 2018, the Provisional Government of Vietnam was labeled a “terrorist organization” by the Vietnamese authorities. 

Additional Restrictions on Internet Freedom 

Following the passage of the controversial Cybersecurity Law in 2018, the CIVICUS report further mentions a draft of a government decree which further restricts internet freedom by limiting live-streaming on popular social media sites. CIVICUS states that, “under the terms of the decree, any account that operates on a social media platform in Vietnam and has more than 10,000 followers must provide contact information to authorities” and that “only registered accounts will be allowed to live-stream.” The draft also imposes additional responsibilities on social media providers, requiring them to block or remove content within 24 hours if they receive a “justified complaint” from an individual or organization. 

When passed this decree, coupled with the already draconian Cybersecurity Law, will serve to further cement the Vietnamese Communist Party’s (VCP) rule over the country’s already restrictive cyberspace, putting social media users more at risk of the government’s retribution and reducing social media platforms to tools of government surveillance. 

Freedom on the Net 2021 provides an overall look at the state of internet freedom in Vietnam while the CIVICUS report presents recent, documented, and specific events that support Freedom House’s outlook on the country. Both illustrate a very grim and depressing reality about Vietnam: that despite international pressure, in the form of U.S Vice-President Harris’ visit, and the ongoing COVID-19 pandemic, the VCP is more concerned about maintaining power and control over its people than prioritizing their welfare and safety during these difficult times; the Party would rather control the narrative than work to give actual aid to much of its struggling populace. 

In the end, the actions of the Vietnamese government serve only as a reminder of its ineptitude during times of crisis and its callousness to the plight of everyday Vietnamese; in its relentless attack against internet freedom and freedom of speech, the more pressing and immediate threats to the welfare of the Vietnamese people remain half-heartedly addressed. 

Citations:

  1. Bose, N. (2021, August 25). U.S. VP Harris offers Vietnam support to counter Beijing in the South China Sea. Reuters. Retrieved September 28, 2021, from https://www.reuters.com/world/asia-pacific/us-vp-harris-offers-vietnam-support-counter-beijing-south-china-sea-2021-08-25/
  2. Jaffe, A. (2021, August 26). Harris says she urged Vietnam to free political dissidents. – The Diplomat. Retrieved September 29, 2021, from https://thediplomat.com/2021/08/harris-says-she-urged-vietnam-to-free-political-dissidents/
  3. Nguyen, J. (2021, August 19). State media and social media during the COVID-19 pandemic: A tale of two cities in Vietnam. The Vietnamese. Retrieved September 29, 2021, from https://www.thevietnamese.org/2021/08/state-media-and-social-media-during-the-covid-19-pandemic-a-tale-of-two-cities-in-vietnam/
  4. Nguyen, J. (2021, September 12). Why did the Vietnamese Communist Party militarize its fight against COVID-19? The Vietnamese. Retrieved September 29, 2021, from https://www.thevietnamese.org/2021/09/why-did-the-vietnamese-communist-party-militarize-its-fight-against-covid-19/
  5. Shahbaz, A., & Funk, A. (n.d.). Freedom on the net 2021: The global drive to control Big Tech. Freedom House. Retrieved September 30, 2021, from https://freedomhouse.org/report/freedom-net/2021/global-drive-control-big-tech
  6. Reed, A. (2021, September 21). New research: Vietnam remains “not free” on internet freedom, Freedom House says. The Vietnamese. Retrieved Sept 30, 2021, from https://www.thevietnamese.org/2021/09/new-research-vietnam-remains-not-free-on-internet-freedom-freedom-house-says/
  7. Huu Long, T. (2021, September 21). Vietnam: Freedom on the net 2021 country report. Freedom House. Retrieved October 1, 2021, from https://freedomhouse.org/country/vietnam/freedom-net/2021
  8. C. I. V. I. C. U. S. (2021, September 27). CRACKDOWN ON ONLINE CRITICS PERSISTS IN VIETNAM AS NEW DECREE CONTROLLING LIVESTREAMING PROPOSED. Civicus. Retrieved September 29, 2021, from https://monitor.civicus.org/updates/2021/09/27/crackdown-online-critics-persists-vietnam-new-decree-controlling-livestreaming-proposed/
  9. Civicus. (2020, April 7). ONLINE DEBATE ON DONG TAM INCIDENT FOLLOWED BY PANDEMIC SILENCED BY VIETNAM AUTHORITIES. Civicus. Retrieved October 1, 2021, from https://monitor.civicus.org/updates/2020/04/07/online-debate-dong-tam-incident-followed-pandemic-silenced-vietnam-authorities/
  10. The 88 Project (2021, September 6). Vietnam free expression newsletter no. 34/2021 – week of August 30-September 5. The 88 Project. Retrieved September 29, 2021, from https://the88project.org/newsletter-no-34-2021/
  11. Finney, R. (2021, September 3). Vietnamese facebook user fined for ‘fake news’ as criticism grows of government’s handling of pandemic. Radio Free Asia. Retrieved September 30, 2021, from https://www.rfa.org/english/news/vietnam/fine-09032021182640.html
  12. Whong, E. (2021, September 10). Vietnam indicts five journalists from Facebook-based outlet. Radio Free Asia. Retrieved September 30, 2021, from https://www.rfa.org/english/news/vietnam/baosach-09092021174755.html
  13. Finney, R. (2021, September 14). Vietnam court sentences member of ‘Provisional Government’ to three-year prison term. Radio Free Asia. Retrieved October 29, 2021, from https://www.rfa.org/english/news/vietnam/court-08182021185109.html
  14. Gerin, R. (2021, September 14). Third Vietnamese charged for Facebook connections with US-based Exile Group. Radio Free Asia. Retrieved September 30, 2021, from https://www.rfa.org/english/news/vietnam/le-thi-kim-phi-09102021183034.html

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Human Rights

Vietnam Says It Is Promoting And Defending Human Rights, But The Reality Proves Otherwise

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Photo credit (left to right): Luat Khoa Magazine/ Reuters. Graphic: The Vietnamese Magazine.

In Vietnam, the beginning of this October marks two significant events that challenge and reflect upon the country’s actual circumstance over its commitment to uphold human rights values: the one year anniversary of the arrest of journalist Pham Doan Trang and the mass exodus of migrant workers who have had to use all sorts of means to return to their hometowns due to the lack of help from the government.

Earlier, in March, Vietnam also announced its candidacy for the United Nations Human Rights Council (UNHRC) for the agency’s 2023-2025 term. This announcement has astonished many local pro-democracy activists and critics, who have expressed their opposition to such a move.

According to the UNHRC’s membership requirements [1], member states running for the seats need to fulfill their “contribution to the promotion and protection of human rights,” and once they gain the council’s membership, the members must bear the responsibility to “uphold high human rights standards.” 

However, given the one-party Communist state’s poor human rights record and its consistently oppressive policies and actions in curtailing the people’s fundamental civil and political rights, Vietnam’s legitimacy to become a member of the UNHRC should remain out of the question [2].

On the one hand, Vietnam’s state-controlled media has been seen praising [3] the country’s efforts in securing a seat at the United Nations body, betting on its early successful containment of COVID-19 and the donations of masks and medical equipment to other countries. From the government’s reasoning, keeping people safe and protecting their daily livelihoods are crucial to the promotion of human rights. “The country has tackled the pandemic head-on, putting the people at the center of all its efforts,” state media quoted Vietnamese Foreign Minister Pham Binh Minh as saying at the UNHRC’s 46th Regular Session.

On the other hand, the apprehension of journalist Pham Doan Trang and the dire situation of Vietnamese migrant workers during the fourth wave of the COVID-19 pandemic in the country provide us with a contrasting narrative. Those unparalleled stories vividly portray an authoritarian government that shows virtually no tolerance for dissenting opinions, in addition to highlighting its disregard for the most basic human rights, which are recognized in the U.N.’s Universal Declaration of Human Rights and the country’s own Constitution.

Pham Doan Trang and her freedom of speech

Pham Doan Trang was arrested by the Vietnamese authorities at around midnight on October 6, 2020, and she has been held incommunicado since her detainment. Her arrest came only hours after officials from Vietnam and the United States held a video conference for the two countries’ 24th annual Human Rights Dialogue. However, Doan Trang, her friends and colleagues, and also the readers of her books, had long been anticipating her arrest.

As a dedicated journalist and a prominent writer, Pham Doan Trang has devoted her career to documenting and writing about controversial social issues and human rights violations committed by the Vietnamese government. She also publishes books popularizing general knowledge about politics, laws, and human rights for the Vietnamese people.

Pham Doan Trang and her book “Politics for The Masses.” Photo: Luat Khoa Magazine.

In theory, the Vietnamese Communist Party (VCP) has consistently trumpeted [4] its respect for the people’s right to freedom of speech, right to access to information, and press freedom, which were promised to its citizens under the Constitution. But in reality, the VCP has systematically harassed and detained independent journalists and activists [5], restricted access [6] to critical online newspapers and blogs, including The Vietnamese Magazine and Luat Khoa Magazine, and tracked down and intimidated [7] anyone who disagrees with its political doctrine.

To the international community and admirers of her work, Doan Trang has only done what a journalist should be doing: report truthfully and inform the global audience about alleged human rights abuses by the VCP. What the Vietnamese government has been doing to silence opposition critics and dissidents like her only exposes the country’s serious violations of basic human rights and its lack of commitment to steadfastly protect those fundamental rights of its citizens.

The homebound journeys of Vietnamese migrant workers 

Also at the beginning of October, heartrending photos and video footage of thousands of migrant workers rushing to return to their hometowns were widely shared on Vietnamese social media. These migrant workers decided to flee big cities en masse due to financial difficulties that affected them as a result of COVID control measures and the lack of help from the government. “We are tired,” one migrant worker said [8].

On their way home, many of the laborers were seen breaking through the barricades at checkpoints set up by local authorities, with many beaten by security forces and some even seen begging the officers to let them through. According to the government, these methods were to prevent the wave of mass migrations that resulted from concerns about the transmission of the coronavirus. Despite facing many hurdles and uncertainty during their homebound journeys, those migrant workers hardly had any other choice.

Police and security forces guard a checkpoint in Ho Chi Minh City as people, who are mostly migrant workers, attempt to return to their hometowns. The photo was taken on September 30, 2021, by Reuters/ Stringer.

This abrupt and large-scale migration wave was a result of Vietnam’s months-long abusive lockdown mandates [9], which largely excluded human rights matters from its protocols, and the negligence of the government regarding the well-being, and more importantly, the dignity of workers.

As written in the Universal Declaration of Human Rights, the Vietnamese people in general, and migrant laborers in particular, have the right to freedom of movement and residence within their own country; they also have the right to be treated with dignity and to seek their own security of life. Those allegedly unlawful actions by the Vietnamese government are clearly blatant violations of universal human rights, which are ironically the key conditions that the VCP must meet to gain its seat at the UNHRC.

Steward Rees, an advocacy associate with The 88 Project, a non-profit organization that promotes free speech in Vietnam, suggests [10] that if Vietnam is genuinely serious about contributing to the development of global human rights, unconditionally releasing Pham Doan Trang would be a good place to start.

References:

  1. Membership of the Human Rights Council. (2020). United Nations Human Rights Council. https://www.ohchr.org/en/hrbodies/hrc/pages/membership.aspx
  2. Jamal, U. (2021, March 17). Should Vietnam become a member of the UN Human Rights Council? ASEAN Today. https://www.aseantoday.com/2021/03/should-vietnam-become-a-member-of-the-un-human-rights-council/
  3. VNA. (2021, March 15). Vietnam stands for election to UNHRC in 2023–2025 tenure. VietnamPlus. https://en.vietnamplus.vn/vietnam-stands-for-election-to-unhrc-in-20232025-tenure/197570.vnp
  4. VNA. (2021b, July 8). Press freedom in Vietnam – Undeniable objective reality. VietnamPlus. https://en.vietnamplus.vn/press-freedom-in-vietnam-undeniable-objective-reality/204350.vnp
  5. Database of persecuted activists in Vietnam. (n.d.). The 88 Project. Retrieved October 6, 2021, from https://the88project.org/database/
  6. Freedom House. (2021, September). Freedom on The Net 2021 (Vietnam). https://freedomhouse.org/country/vietnam/freedom-net/2021
  7. Human Rights Watch. (2021). World Report 2021: Vietnam. https://www.hrw.org/world-report/2021/country-chapters/vietnam
  8. Reuters. (2021, October 4). “We are tired”: Workers flee Vietnam’s largest city as long lockdown eases. Reuters. https://www.reuters.com/world/the-great-reboot/we-are-tired-workers-flee-vietnams-largest-city-long-lockdown-eases-2021-10-04/
  9. Nguyen, J. (2021, July 21). How The Latest Outbreak Reveals The Darker Side Of Vietnam’s Anti-Coronavirus Strategy. The Vietnamese Magazine. https://www.thevietnamese.org/2021/07/how-the-latest-outbreak-reveals-the-darker-side-of-vietnams-anti-coronavirus-strategy/
  10. Rees, S. (2021, October 5). Vietnamese rights activist marks first year in jail. Asia Times. https://asiatimes.com/2021/10/vietnamese-rights-activist-marks-first-year-in-jail/

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