2011 Human Rights Reports: Vietnam

BUREAU OF DEMOCRACY, HUMAN RIGHTS, AND LABOR 

2011 Country Reports on Human Rights Practices

Report - May 24, 2012

EXECUTIVE SUMMARY    

The Socialist Republic of Vietnam is an authoritarian state ruled by a single party, the Communist Party of Vietnam (CPV) led by General Secretary Nguyen Phu Trong, Prime Minister Nguyen Tan Dung, and President Truong Tan Sang. The most recent National Assembly elections, held in May, were neither free nor fair, since the CPV’s Vietnam Fatherland Front (VFF), an umbrella group that monitors the country’s mass organizations, vetted all candidates. Security forces reported to civilian authorities.

The most significant human rights problems in the country were severe government restrictions on citizens’ political rights, particularly their right to change their government; increased measures to limit citizens’ civil liberties; and corruption in the judicial system and police.

Specific human rights abuses included continued police mistreatment of suspects during arrest and detention, including the use of lethal force, as well as austere prison conditions, arbitrary arrest and detention for political activities, and denial of the right to fair and expeditious trial. Political influence, endemic corruption, and inefficiency strongly distorted the judicial system. The government increasingly limited privacy rights and freedoms of the press, speech, assembly, movement, and association; increasingly suppressed dissent; further restricted Internet freedom; reportedly was involved in attacks against critical Web sites; and spied on dissident bloggers. Freedom of religion continued to be subject to uneven interpretation and protection, with significant problems continuing, especially at provincial and village levels. Police corruption persisted at various levels. The government maintained its prohibition of independent human rights organizations. Violence and discrimination against women as well as trafficking in persons continued, as did sexual exploitation of children and some societal discrimination based on ethnicity, sexual orientation and gender identity, and HIV/AIDS status. The government limited workers’ rights to form and join independent unions and inadequately enforced safe and healthy working conditions.

The government inconsistently took steps to prosecute and punish officials who committed abuses, and members of the police sometimes acted with impunity.

SECTION 1. RESPECT FOR THE INTEGRITY OF THE PERSON, INCLUDING FREEDOM FROM:    

Cable reference id: #08HOCHIMINHCITY451

Reference id	aka Wikileaks id #151539  ?
Subject	Gvn Sentences Three More Hcmc Political Activists
Origin	Consulate Ho Chi Minh City (Vietnam)
Cable time	Mon, 28 Apr 2008 10:43 UTC
Classification	UNCLASSIFIED//FOR OFFICIAL USE ONLY
Source	http://wikileaks.org/cable/2008/04/08HOCHIMINHCITY451.html
References	08HOCHIMINHCITY136
History	Time unknown: Original unredacted version, leaked to Wikileaks Thu, 25 Aug 2011 03:30: First publication, unredacted, however non-text content differs Thu, 1 Sep 2011 23:24: Original unredacted version published, with HTML goodies

VZCZCXRO9567 PP RUEHCHI RUEHDT RUEHNH DE RUEHHM #0451/01 1191043 ZNR UUUUU ZZH P 281043Z APR 08 FM AMCONSUL HO CHI MINH CITY TO RUEHC/SECSTATE WASHDC PRIORITY 4434 INFO RUEHHI/AMEMBASSY HANOI PRIORITY 3042 RUCNASE/ASEAN MEMBER COLLECTIVE RUEHHM/AMCONSUL HO CHI MINH CITY 4658

Hide header UNCLAS SECTION 01 OF 02 HO CHI MINH CITY 000451 SIPDIS SENSITIVE SIPDIS DEPARTMENT FOR EAP/MLS AND DRL/AWH E.O. 12958: N/A TAGS: PREL [External Political Relations], PGOV [Internal Governmental Affairs], PHUM [Human Rights], VM [Vietnam] SUBJECT: GVN SENTENCES THREE MORE HCMC POLITICAL ACTIVISTS REF: A) HCMC 136 B)HANOI 065 C)07 HCMC 122 AND PREVIOUS HO CHI MIN 00000451 001.2 OF 002 ¶1. (SBU) Summary: Three democracy activists from the Bach Dang Giang (BDG) group have been sentenced to two to five year jail terms in HCMC. The three were found guilty by the HCMC People's Court on April 25 of violating Article 88 of the GVN criminal code by "propagandizing against the state." This trial was the latest in a series of trials and convictions for pro-democracy activists detained since late 2006 and 2007 (reftels). End summary. ¶2. (SBU) On April 25, the Ho Chi Minh City (HCMC) People's Court sentenced democracy activists Pham Ba Hai, Nguyen Ngoc Quang and Vu Hoang Hai to five, three and two years of imprisonment with two years of probation, respectively. The three activists, who are members of the pro-democracy group Bach Dang Giang (BDG) and supporters of Bloc 8406, were found guilty of "propagandizing against the state" in violation of Article 88 of the Penal Code. Nguyen Ngoc Quang was represented by a lawyer, while Pham Ba Hai and Vu Hoang Hai defended themselves in court. The three activists' immediate family members were allowed to attend the trial; members of the international community were not. ConGen HCMC's formal Diplomatic Note requesting permission to attend was denied.

Cable reference id: #06HOCHIMINHCITY1090

CONFIDENTIAL (97070) CONFIDENTIAL//NOFORN (4678) SECRET (11322) SECRET//NOFORN (4330) UNCLASSIFIED (75792) UNCLASSIFIED//FOR OFFICIAL USE ONLY (58095)

Reference ID	06HOCHIMINHCITY936 (original text)
Subject	PALTALK/8406 BLOC ACTIVIST DETAINED AGAIN
Origin	Consulate Ho Chi Minh City
Classification	CONFIDENTIAL
Released	Aug 30, 2011 01:44
Created	Aug 23, 2006 03:42

UNCLAS HO CHI MINH CITY 001090 
 
SIPDIS 
 
SENSITIVE 
SIPDIS 
 
E.O. 12958: N/A 
TAGS: PGOV SOCI CASC DO THANH CONG PREL VM
SUBJECT: MORE DISSIDENT ARRESTS 
 
REF: HCMC 1012; B) HCMC 936 AND 925; C) HCMC 999 AND 998 
 
¶1.  (U) Following his expulsion from Vietnam on September 21, 
American citizen political activist Do Cong Thanh gave an 
interview on Radio Free Asia in which he gave more details on 
his detention (ref C).  In his interview, Do stated that the 
only official charge made against him was "propagandizing 
against Vietnam."  Do said that his organization -- the People's 
Democratic Party of Vietnam (PDP-VN) -- wants to eliminate 
Article 4 of Vietnam's Constitution, which enshrines Communist 
Party rule and a single Party state.  Do said that the PDP is 
"totally independent" of other organizations. 
 
¶2. (U) Do repeated that two other PDP members were detained at 
the same time he was arrested.  Le Nguyen Sang, a 48-year-old 
doctor, and Huynh Nguyen Dao, a 38-year-old graduate of 
Marxist-Leninist studies.  Do also stated that during his 
incarceration he had been informed by the police that four more 
PDP members based in the Mekong Delta province of Tien Giang had 
been arrested.  All of these arrestees are Vietnamese citizens. 
Do has not been in contact with us since his return to the 
United States. 
 
¶3. (SBU) We have not been able to confirm independently any of 
the arrests of Vietnamese-national members of the PDP. In some 
cases, probable phone lines appear cut or go unanswered.  In one 
case -- that of PDP member Le Trung Hieu in the Mekong Delta -- 
it appeared that a policeman answered the phone claiming to be a 
"friend" of the activist. 
 
More 8406 Block Arrests 
----------------------- 
 
¶4. (U) Separately, contacts in the dissident community confirm 
Internet reports that police continue their operations against 
the pro-democracy "8406 Bloc."   Over the past month, police 
have detained three more members of the Bloc, all members of the 
Bach Dang Giang Foundation (BDGF).  (Per ref B, the BDGF was 
attempting to organize student protests to coincide with the 
November APEC Leaders' Summit.)  Pham Ba Hai, the purported 
leader of the BDGF, was picked up on September 7 on a visit to 
the northern province of Thai Binh.  Vu Hoang Hai was arrested 
in his home in HCMC on September 5.  BDFG "domestic coordinator" 
Nguyen Ngoc Quang was detained on September 3 after he and Hai 
visited political activist and 8406 Block founder Father Nguyen 
Van Ly in the Hue. 
 
¶5. (SBU) Tran Dinh Nguyen, an 8406 Block member resident in the 
Central Highlands city of Dalat, was detained on September 4 in 
the Central Highlands province of Gia Lai after he visited with 
Mennonite religious leader Nguyen Cong Chinh.  (Chinh is 
affiliated with the controversial Mennonite Pastor Nguyen Hong 
Quang.)  Nguyen was released on September 8 after four days of 
detention.  He then had two more days of "working sessions" with 
Dalat police.  Dissident websites claim Nguyen was arrested 
because he posted information on religious freedom incidents on 
the Internet. 
 
¶6. (SBU) Comment:  Following months of increased dissident 
activity in the south, the police are having their say.  Over 
the past two months, eight political activists operating in 
HCMC's consular district have been arrested.  These include 
three of the four known members of the BGDF and six colleagues 
of Do Cong Thanh.  Other political activists face a range of 
stepped up pressure, including intensified police surveillance, 
frequent "working sessions," fines, and the threat of arrest. 
End Comment. 
 
WINNICK

Source: http://wikileaks.org/cable/2006/09/06HOCHIMINHCITY1090.html

Cable reference id: #06HOCHIMINHCITY936

Reference id	aka Wikileaks id #75819  ?
Subject	Paltalk/8406 Bloc Activist Detained Again
Origin	Consulate Ho Chi Minh City (Vietnam)
Cable time	Wed, 23 Aug 2006 03:42 UTC
Classification	CONFIDENTIAL
Source	http://wikileaks.org/cable/2006/08/06HOCHIMINHCITY936.html
References	06HOCHIMINHCITY436, 06HOCHIMINHCITY925
Referenced by	06HOCHIMINHCITY1003, 06HOCHIMINHCITY1009, 06HOCHIMINHCITY1012, 06HOCHIMINHCITY1090,06HOCHIMINHCITY999
History	Time unknown: Original unredacted version, leaked to Wikileaks Thu, 1 Sep 2011 23:24: Original unredacted version published, with HTML goodies

VZCZCXRO8135 RR RUEHCHI RUEHDT RUEHNH RUEHPB DE RUEHHM #0936 2350342 ZNY CCCCC ZZH R 230342Z AUG 06 FM AMCONSUL HO CHI MINH CITY TO RUEHC/SECSTATE WASHDC 1329 INFO RUEHHI/AMEMBASSY HANOI 0930 RUCNARF/ASEAN REGIONAL FORUM COLLECTIVE RUEHNE/AMEMBASSY NEW DELHI 0022 RUEHBI/AMCONSUL MUMBAI 0005 RUEHHM/AMCONSUL HO CHI MINH CITY 1397

Hide header C O N F I D E N T I A L HO CHI MINH CITY 000936 SIPDIS SIPDIS E.O. 12958: DECL: 8/22/16 TAGS: PGOV [Internal Governmental Affairs], PINR [Intelligence], PREL [External Political Relations], PHUM [Human Rights], VM [Vietnam] SUBJECT: PALTALK/8406 BLOC ACTIVIST DETAINED AGAIN REF: A) HCMC 925; B) HCMC 436 AND PREVIOUS CLASSIFIED BY: Robert Silberstein, Political Officer, ConGen HCMC, State Department. REASON: 1.4 (d) CLASSIFIED BY: Seth Winnick, Consul General REASON: 1.4 (d) ¶1. (C) On the night of August 18, plainclothes police detained Truong Quoc Huy and his brother Trung Quoc Tuan at an internet cafe in HCMC. (Per reftels, Huy is a member of the "8406 bloc" dissident group and one of three individuals held by police for nine months in the "PalTalk" Internet chatroom case.) Nguyen Thu Tram, another 8406 Bloc member, was also at the internet cafe, but was not detained. At the time of his detention, Huy was accessing PalTalk. Tram told us that she and Huy were not communicating, only listening, and that Huy's brother Tuan had not been using the Internet. Tuan was released after six hours detention, but Huy was remanded into police custody. ¶2. (C) On August 21, we spoke with Chau Thi Hoang, Huy's mother, who told us that the police had read her Huy's arrest warrant, stating that he violated Article 79 of the Vietnamese Penal Code for "attempting to overthrow the People's Government." Huy's mother said that police briefly brought her son home to gather his clothes and belongings for a lengthy detention. At that time, police also searched the house and confiscated a digital camera that was a "gift form Huy's friend who lives in India. (Note: this is an apparent reference to the leader of the Bach Dang Giang Foundation, Pham Ba Hai. Per ref A, the Foundation is planning a series of protests in Vietnam to coincide with the APEC leaders' summit in November. End note.) Police also confiscated two desktop computers and conducted a thorough search of the home for a laptop computer that Huy was supposed to have received from yet another Bloc member. ¶3. (C) Huy's mother confirmed that from the time of his release on July 8 until this arrest, Huy had been in regular contact with political activists Do Nam Hai and Le Tri Tue. After his July release, Huy himself reported to us that police had placed him under travel restrictions and had threatened to prosecute him again should he continue his political activism. Huy's mother reported that Hai and Tue had advised her to hire an attorney and had suggested that they would provide financial support. Police have refused to provide her with additional information on the condition of her son despite repeated phone calls. WINNICK

Source: http://cablegatesearch.wikileaks.org/cable.php?id=06HOCHIMINHCITY936&q=bach%20dang%20giang

Cable reference id: #06HOCHIMINHCITY925

Reference id	aka Wikileaks id #75334  ?
Subject	(c) Dissidents And Police Step Up Activities In Hcmc
Origin	Consulate Ho Chi Minh City (Vietnam)
Cable time	Fri, 18 Aug 2006 09:18 UTC
Classification	CONFIDENTIAL
Source	http://wikileaks.org/cable/2006/08/06HOCHIMINHCITY925.html
References	05HOCHIMINHCITY818, 06HOCHIMINHCITY436, 06HOCHIMINHCITY808
Referenced by	06HOCHIMINHCITY1270, 06HOCHIMINHCITY936
History	Time unknown: Original unredacted version, leaked to Wikileaks Thu, 1 Sep 2011 23:24: Original unredacted version published, with HTML goodies

VZCZCXRO4082 PP RUEHCHI RUEHDT RUEHNH RUEHPB DE RUEHHM #0925/01 2300918 ZNY CCCCC ZZH P 180918Z AUG 06 FM AMCONSUL HO CHI MINH CITY TO RUEHC/SECSTATE WASHDC PRIORITY 1310 INFO RUCNARF/ASEAN REGIONAL FORUM COLLECTIVE RUEHNE/AMEMBASSY NEW DELHI PRIORITY 0018 RUEHBI/AMCONSUL MUMBAI PRIORITY 0001 RUEHHM/AMCONSUL HO CHI MINH CITY 1378

Hide header C O N F I D E N T I A L SECTION 01 OF 04 HO CHI MINH CITY 000925 SIPDIS SIPDIS E.O. 12958: DECL: 8/18/16 TAGS: PGOV [Internal Governmental Affairs], PHUM [Human Rights], PREL [External Political Relations], PINR [Intelligence], KIRF [International Religious Freedom], VM [Vietnam] SUBJECT: (C) DISSIDENTS AND POLICE STEP UP ACTIVITIES IN HCMC REF: A) HANOI 2077 AND PREVIOUS; B) HCMC 436 AND PREVIOUS; C) HCMC 759; D) HCMC 808; E) 05 HCMC 818 HO CHI MIN 00000925 001.2 OF 004 CLASSIFIED BY: Seth Winnick, Consul General, HCMC, State. REASON: 1.4 (d) ¶1. (C) Summary: Two new political activist networks are emerging in the HCMC consular district working alongside more established dissidents. The new groups - the 8406 Bloc (named for their April 8, 2006 manifesto) and the Bach Dang Giang Foundation -- are more activist and daring than the more cautious, individualistic and intellectual dissidents such as Dr. Nguyen Dan Que. These new groups appear to be keying their activities to coincide with the November APEC Leaders' Meeting and the President's visit. Along with the Democratic Party of Vietnam, these groups are capitalizing on frustration over land disputes to gain popular support. A Hanoi-based lawyer, Nguyen Van Dai, is at the center of many of these new political dissident activities (see Ref A for more on Dai). Nonetheless, Dai has somehow managed to avoid thus far any tough police response against him; police, however, have targeted many other emerging activists for detention and possible prosecution on national security grounds. At the same time, authorities are trying to calibrate their response to protect Vietnam's international image in advance of APEC. End Summary. New Dissident Activity in HCMC ------------------------------ ¶2. (C) Hanoi-based lawyer Nguyen Van Dai and dissident Bach Ngoc Duong met with us at their request on July 28 to detail recent activities of the "8406 Bloc" of dissidents. (Note: The 8406 Bloc is named for its pro-democracy manifesto of April 8, 2006. The group is led by Hue-based activist Father Nguyen Van Ly and HCMC-based dissident Do Nam Hai, aka Phuong Nam. End Note.) Dai and Duong reported that after traveling from Hanoi to Hue to meet with Father Ly, they had met with 15 other leaders of the 8406 Bloc in HCMC on the evening of July 27. Fourteen of the participants were from HCMC, and one was from Vinh Long in the Mekong Delta. Participants included Truong Quoc Huy, one of the PalTalk arrestees released in early July (Ref B), Pastor Tran Mai and Pastor Ngo Hoai No of the Inter Evangelical Movement (IEM) house church group and Mennonite Pastor Nguyen Hong Quang. Also in attendance were representatives of the Bach Dang Giang Foundation (www.bachdang.org). ¶3. (C) Dai said that the Bach Dang Giang Foundation is planning a nationwide demonstration before the APEC Leaders' Summit in November. He said the foundation runs a nationwide student/youth network that remains "largely hidden," and has a reasonably good chance of success of pulling off its APEC protest(s). According to Dai, Pham Ba Hai is the head of the Bach Dang. He said Hai is a private Vietnamese businessman who resides in India. Internet research shows that the Bach Dang Giang Foundation website is updated from Jaipur, India and is hosted in Colorado.