United States Commission on International Religious Freedom

FOR IMMEDIATE RELEASE
October 1, 2003 Contact: Anne Johnson, Director of Communications,
(202) 523-3240, ext. 27

Vietnam: USCIRF testifies on Capitol Hill

WASHINGTON - Commissioner Nina Shea testified today before the
Congressional Caucasus on Vietnam. In May of 2003, the Commission
issued a report detailing its concerns that the Vietnamese government
is engaged in serious and ongoing human rights abuses. The Commission
believes it is time for the U.S. government to consider a new approach
to Vietnam, one that vigorously emphasizes human rights and utilizes
all the tools of U.S. diplomacy, including:

· Secretary of State Colin Powell should designate Vietnam a "country
of particular concern" for "systematic, egregious, and ongoing abuses"
of religious freedom, as defined by the International Religious
Freedom Act 1998 (IRFA).

· The USCIRF supports language on Vietnam found in the State
Department Authorization Act (HR 1950). If the Senate does not take up
the legislation this year, it is our hope that members will attach the
various provisions to other appropriations bills or introduce them as
free-standing pieces of legislation.

· The U.S. government should increase its support of public diplomacy
programs, including increased Vietnamese language programming on Radio
Free Asia and Voice of America and educational exchange programs that
support individuals in Vietnam who advocate human rights, free speech,
religious freedom, and legal reform.

The text of Commissioner Shea's testimony follows:

TESTIMONY BEFORE THE CONGRESSIONAL CAUCUS ON VIETNAM -- A PEOPLE
SILENCED: THE VIETNAMESE GOVERNMENT'S ASSAULT ON THE MEDIA AND ACCESS
TO INFORMATION

BY NINA SHEA, VICE-CHAIR, The U.S. Commission on International
Religious Freedom

Already poor human rights conditions have deteriorated in the last
year: It's time to consider a new approach

INTRODUCTION

Madame Chair, distinguished members of Congress, I want to commend you
for holding this hearing on an important subject that deserves serious
attention from Congress. Restrictions on free speech, freedom of
religion and belief, and related human rights continue to be issues of
critical concern in U.S.-Vietnam relations.

The title of this hearing is a particularly compelling one. The
silencing of those who dissent from state orthodoxy--political
reformers, free speech and democracy advocates, religious leaders and
believers, and those fighting for the rights of ethnic minorities--has
invited international scrutiny of Vietnam's human rights record and
has made human rights a constant irritant in our bilateral relations.

Religious freedom and free speech are closely related human rights.
True religious freedom is when, as described by Article 18 of the
United Nation's Declaration on Human Rights, "Everyone has the right
to freedom of thought, conscience and religion; this right includes
freedom to change his religion or belief, and freedom, either alone or
in community with others and in public or private, to manifest his
religion or belief in teaching, practice, worship and observance."

Freedom of religion allows for the freedom to publish ones' opinion as
well as publish sacred texts. It allows people to speak their minds or
change their minds freely, and without interference from the state.

Vietnam's constitution guarantees both freedom of speech and freedom
of religion, but Vietnamese law regulates just what one can say, what
information one can have, or what belief one can adopt or practice.
That is why advocates of freedom of speech and freedom of religion are
arrested for such vague offenses as "inciting social disorder,"
"threatening national security," "disrupting national unity," or
"violating Vietnamese values and traditions."

Yesterday, Vietnamese Foreign Minister Nguyen Dy Nien and his
delegation lunched with Members of Congress. The Foreign Minister
hoped to educate House and Senate Members "about the democratic
progress being made in Vietnam." The Foreign Minister wants to expand
relations between our two countries. But genuine, long-term friendship
will only come about when the government of Vietnam respects
international standards of human rights, including free speech and
freedom of religion.

SINCE THE BILATERAL TRADE ACT'S (BTA) PASSAGE: TAKING A STEP BACKWARD
ON HUMAN RIGHTS

The U.S. Commission on International Religious Freedom (USCIRF) has
followed events in Vietnam closely since the Commission's inception
four years ago. We have traveled to Vietnam and met with visiting
Vietnamese delegations. In May of 2003, the Commission issued a report
detailing its concerns that the Vietnamese government is engaged in
serious and ongoing human rights abuses.

In fact, we found that already poor conditions in Vietnam have
deteriorated in the last year. Key dissidents were imprisoned; others
remain in prison or under house arrest. In addition, the government
intensified its crackdown on religious and ethnic minorities in the
northwestern provinces and the Central Highlands.

As a result, we recommended that the Secretary of State designate
Vietnam as a country of particular concern (CPC).

The deteriorating human rights situation is particularly disappointing
because there were hopes that expanded U.S.-Vietnamese economic ties
would improve the human rights dialogue. After the passage of the
Bilateral Trade Act (BTA) of 2001, Vietnam's exports to the US
increased from $1.05 billion in 2001 up to $2.39 billion in 2002. The
figure is forecasted to reach $3.8-4.19 billion this year,
representing growth of 57-73% over the last year.

We all know the benefits of expanded trade, but respect for human
rights and religious liberty should also be an integral part of U.S.
relations with Vietnam. Our economic relationship has taken several
steps forward, but in protecting human rights, Vietnam has taken a big
step backward.

The Commission is not alone in this assessment. The State Department
has voiced publicly its concerns about Vietnam's human rights record,
so has the European Union. In a recent report to Congress, the State
Department admitted being "disappointed" by the lack of "concrete
results" in the U.S.-Vietnam bilateral human rights dialogue. The
State Department cited failure of the Vietnamese government to respond
to U.S. concerns in several key areas, including religious freedom.

Recent events in Vietnam show that the Vietnamese government has not
made significant progress to improve its human rights situation. Let
me briefly give you some very recent examples that fit into a larger
pattern of human rights abuses since the passage of the BTA in 2001.

· Fr. Nguyen Van Ly was sentenced to 15 years prison and 5 years
administrative probation in October of 2001 after submitting testimony
to our Commission in February of 2001. He was arrested for advocating
freedom of religion and democratic reforms for his country.

· Fr. Ly's niece and nephews were sentenced to between three and five
years for ôabusing democratic freedoms.ö Their crime was providing
documentation on their uncle's arrest to the California-based
Commission for Religious Liberty in Vietnam and the Que Huong radio
station.

· In July 2003, the Venerable Thich Tri Luc was ôdiscoveredö in the
custody of Vietnamese authorities in Hanoi. The Venerable had fled to
Cambodia in April 2002 and disappeared from a U.N. High Commission for
Refugees (UNHCR) transit house in June of 2002. He was reportedly
kidnapped and forcibly repatriated to Vietnam though his whereabouts
were unknown for over a year. The Venerable is being charged with
ôimmigration with intent to oppose the regimeö which carries with ita
sentence of between three years and life imprisonment. His trial date
is pending.

· Pham Son Hong was sentenced to 13 years in prison on charges related
to espionage and for ôadvocating democracy and a multi-party system.ö
His major crime was posting a Vietnamese translation of an essay ôWhat
is Democracyö which he pulled from the U.S. Embassy website. He was
arrested and sentenced for nothing more than peacefully expressing his
views. Though his sentenced was recently cut in half, he remains in
prison. Hong was the fifth person arrested and charged with crimes
relating to e-mail communications and Internet activity in the last
year.

· Nguyen Van Lia was sentenced on July 1, 2003 to three years in
prison for ôabusing democratic freedomsö for holding a commemoration
ceremony for the disappearance of Hao Hoa prophet Huynh Phu So.

· There are other recent cases involving the Central Highlands and
northwest provinces.

o According to smuggled documents, Vietnamese authorities are still
actively forcing Hmong Christian's to sign pledges renouncing their
faith--or face beatings, arrests, relocations, and school closing.
There are also reports that some have been beaten to death.

o Recent reports from Cambodia show that Montagnards are still
crossing the border to escape religious and political persecution.
Vietnamese authorities are crossing the border in pursuit and offering
rewards to Cambodians who help in their capture and forced
repatriation.

Despite Vietnam's economic reforms, recent events serve as a
cautionary tale for anyone trying to measure the pace of political
change in the country. The Government of Vietnam has shown, again and
again, that it is determined to maintain strict control over speech,
including the media and Internet, and to suppress religious freedom.

The U.S. government should maintain a consistent message--better
relations will only proceed when Vietnam lives up to the international
treaties on human rights that it has already signed or ratified. Until
that time, human rights will always be a difficult part of our
relationship.

U.S. POLICY RECOMMENDATIONS

It is obvious that the current approach of the U.S. government to
advance and protect religious freedom in Vietnam has failed to yield
concrete results. It is time for us to consider a new approach, one
that vigorously emphasizes human rights and utilizes all the tools of
U.S. diplomacy.

As you all well know, the Congress is considering several pieces of
legislation that would condemn Vietnam's recent record on human
rights, cap non-humanitarian foreign aid, improve ongoing immigration
programs, and fund educational exchanges and public diplomacy
programs.

In its most recent annual report, the Commission made a number of
recommendations for U.S. policy toward Vietnam. First and foremost,
the Commission supported the language on Vietnam found in the State
Department Authorization Act (HR 1950). If the Senate does not take up
the legislation this year, it is our hope that members will attach the
various provisions to other appropriations bills or introduce them as
free-standing pieces of legislation.

The Commission also recommended that Vietnam be designated as a
country of particular concern (CPC). CPC designation is an important
tool of diplomacy--allowing the Secretary of State and the President
to choose from a list of possible actions. But it requires a public
action--one that we believe will effectively bring human rights to the
front of bilateral relations.

Hopefully, members of Congress will press the Secretary of State to
designate Vietnam as a CPC this year.

Along with these immediate steps, the Commission also recommended that
the U.S. government take a long-term approach to improving human
rights and religious freedom in Vietnam--particularly in the areas of
public diplomacy.

Let me take this moment to commend Congresswoman Lofgren and
Congressman Royce for introducing H.R. 1019, the Freedom of
Information in Vietnam Act of 2003. The provisions in this
legislation--overcoming jamming of Radio Free Asia and Voice of
America programming and taking steps to safeguard access to RFA
internet sites will help provide an alternative source of information
to the Vietnamese people. These measures are exactly the type of
public diplomacy programs needed for the long-term enhancement of U.S.
relations with Vietnam.

We also hope that U.S. foreign assistance and exchange programs will
support individuals in Vietnam who advocate human rights, free speech,
religious freedom, and legal reform. The U.S. has an extensive network
of exchange programs in Vietnam, including the newly created Vietnam
Education Foundation. The U.S. government should ensure that these
programs support those Vietnamese working to advance human rights.

Madame Chairperson, let me say in conclusions, advancing free speech,
freedom of religion, and freedom to receive information represents not
only core American values but international standards of human rights.
Working to protect and promote these basic freedoms furthers the
interests of both the United States and the people of Vietnam.

Thank you again Madame Chairwoman for the opportunity to address this
panel. I welcome your questions.

The U.S. Commission on International Religious Freedom was created by
the International Religious Freedom Act of 1998 to give independent
recommendations to the executive branch and the Congress.

Dean Michael K. Young, Chair * Felice D. Gaer, Vice Chair * Nina
Shea, Vice Chair * Preeta Bansal * Archbishop Charles J. Chaput
* Khaled Abou El Fadl * Richard Land * Bishop Ricardo Ramirez *
Leila Nadya Sadat * Ambassador John V. Hanford III, Ex-Officio *
Joseph R. Crapa, Executive Director
__________________________________________________ _______________

800 NORTH CAPITOL STREET, NW, SUITE 790 | WASHINGTON, DC 20002 |
202-523-3240 | 202-523-5020 (FAX)

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