Highlighting Vietnamese Government Human Rights Violations in Advance of the U.S.–Vietnam Dialogue
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HIGHLIGHTING VIETNAMESE GOVERNMENT HUMAN RIGHTS VIOLATIONS IN ADVANCE OF THE U.S.–VIETNAM DIALOGUE HEARING BEFORE THE SUBCOMMITTEE ON AFRICA, GLOBAL HEALTH, GLOBAL HUMAN RIGHTS, AND INTERNATIONAL ORGANIZATIONS OF THE COMMITTEE ON FOREIGN AFFAIRS HOUSE OF REPRESENTATIVES ONE HUNDRED THIRTEENTH CONGRESS FIRST SESSION APRIL 11, 2013 Serial No. 113–54 Printed for the use of the Committee on Foreign Affairs ( Available via the World Wide Web: http://www.foreignaffairs.house.gov/ or http://www.gpo.gov/fdsys/ U.S. GOVERNMENT PRINTING OFFICE 80–363PDF WASHINGTON : 2013 For sale by the Superintendent of Documents, U.S. Government Printing Office Internet: bookstore.gpo.gov Phone: toll free (866) 512–1800; DC area (202) 512–1800 Fax: (202) 512–2104 Mail: Stop IDCC, Washington, DC 20402–0001 VerDate 0ct 09 2002 10:54 Sep 24, 2013 Jkt 000000 PO 00000 Frm 00001 Fmt 5011 Sfmt 5011 F:\WORK\_AGH\041113\80363 HFA PsN: SHIRL COMMITTEE ON FOREIGN AFFAIRS EDWARD R. ROYCE, California, Chairman CHRISTOPHER H. SMITH, New Jersey ELIOT L. ENGEL, New York ILEANA ROS-LEHTINEN, Florida ENI F.H. FALEOMAVAEGA, American DANA ROHRABACHER, California Samoa STEVE CHABOT, Ohio BRAD SHERMAN, California JOE WILSON, South Carolina GREGORY W. MEEKS, New York MICHAEL T. MCCAUL, Texas ALBIO SIRES, New Jersey TED POE, Texas GERALD E. CONNOLLY, Virginia MATT SALMON, Arizona THEODORE E. DEUTCH, Florida TOM MARINO, Pennsylvania BRIAN HIGGINS, New York JEFF DUNCAN, South Carolina KAREN BASS, California ADAM KINZINGER, Illinois WILLIAM KEATING, Massachusetts MO BROOKS, Alabama DAVID CICILLINE, Rhode Island TOM COTTON, Arkansas ALAN GRAYSON, Florida PAUL COOK, California JUAN VARGAS, California GEORGE HOLDING, North Carolina BRADLEY S. SCHNEIDER, Illinois RANDY K. WEBER SR., Texas JOSEPH P. KENNEDY III, Massachusetts SCOTT PERRY, Pennsylvania AMI BERA, California STEVE STOCKMAN, Texas ALAN S. LOWENTHAL, California RON DESANTIS, Florida GRACE MENG, New York TREY RADEL, Florida LOIS FRANKEL, Florida DOUG COLLINS, Georgia TULSI GABBARD, Hawaii MARK MEADOWS, North Carolina JOAQUIN CASTRO, Texas TED S. YOHO, Florida LUKE MESSER, Indiana AMY PORTER, Chief of Staff THOMAS SHEEHY, Staff Director JASON STEINBAUM, Democratic Staff Director SUBCOMMITTEE ON AFRICA, GLOBAL HEALTH, GLOBAL HUMAN RIGHTS, AND INTERNATIONAL ORGANIZATIONS CHRISTOPHER H. SMITH, New Jersey, Chairman TOM MARINO, Pennsylvania KAREN BASS, California RANDY K. WEBER SR., Texas DAVID CICILLINE, Rhode Island STEVE STOCKMAN, Texas AMI BERA, California MARK MEADOWS, North Carolina (II) VerDate 0ct 09 2002 10:54 Sep 24, 2013 Jkt 000000 PO 00000 Frm 00002 Fmt 5904 Sfmt 5904 F:\WORK\_AGH\041113\80363 HFA PsN: SHIRL C O N T E N T S Page WITNESSES The Honorable Anh ‘‘Joseph’’ Cao, former Member of Congress ......................... 9 Mr. Vo Van Ai, president, Vietnam Committee on Human Rights and Que Me: Action for Democracy in Vietnam ................................................................ 53 Ms. Anna Buonya, spokesperson, Montagnard Human Rights Organization .... 60 Ms. Danh Bui, sister of a victim of human trafficking ......................................... 68 Mr. Tien Tran, victim of religious persecution at the Con Dau Parish .............. 75 Mr. John Sifton, advocacy director for Asia, Human Rights Watch .................... 83 LETTERS, STATEMENTS, ETC., SUBMITTED FOR THE HEARING The Honorable Anh ‘‘Joseph’’ Cao: Prepared statement ....................................... 12 Mr. Vo Van Ai: Prepared statement ....................................................................... 55 Ms. Anna Buonya: Prepared statement ................................................................. 63 Ms. Danh Bui: Prepared statement ....................................................................... 70 Mr. Tien Tran: Prepared statement ....................................................................... 77 Mr. John Sifton: Prepared statement .................................................................... 86 APPENDIX Hearing notice .......................................................................................................... 108 Hearing minutes ...................................................................................................... 109 Ms. Anna Buonya: Material submitted for the record .......................................... 110 The Honorable Christopher H. Smith, a Representative in Congress from the State of New Jersey, and chairman, Subcommittee on Africa, Global Health, Global Human Rights, and International Organizations: Statement of Boat People SOS and Hmong National Development, Inc. .......................... 112 (III) VerDate 0ct 09 2002 10:54 Sep 24, 2013 Jkt 000000 PO 00000 Frm 00003 Fmt 5904 Sfmt 5904 F:\WORK\_AGH\041113\80363 HFA PsN: SHIRL VerDate 0ct 09 2002 10:54 Sep 24, 2013 Jkt 000000 PO 00000 Frm 00004 Fmt 5904 Sfmt 5904 F:\WORK\_AGH\041113\80363 HFA PsN: SHIRL HIGHLIGHTING VIETNAMESE GOVERNMENT HUMAN RIGHTS VIOLATIONS IN ADVANCE OF THE U.S.–VIETNAM DIALOGUE THURSDAY, APRIL 11, 2013 HOUSE OF REPRESENTATIVES, SUBCOMMITTEE ON AFRICA, GLOBAL HEALTH, GLOBAL HUMAN RIGHTS, AND INTERNATIONAL ORGANIZATIONS, COMMITTEE ON FOREIGN AFFAIRS, Washington, DC. The subcommittee met, pursuant to notice, at 10 o’clock a.m., in room 2172 Rayburn House Office Building, Hon. Christopher H. Smith (chairman of the subcommittee) presiding. Mr. SMITH. The hearing will come to order, and I want to wish everybody a good morning, and thank you for joining us for this im- portant hearing to examine the ongoing human rights situation in Vietnam. The Vietnamese Government continues to be an egre- gious violator of a broad array human rights. Our distinguished witnesses who are joining us here today including our former col- league Anh Cao, and many very distinguished people who have in many cases themselves suffered, and who will provide detailed ac- counts. And I’d like highlight just a few areas of grave concern. Despite the State Department’s decision in 2006 to remove Viet- nam from the list of Countries of Particular Concern, or CPC, as designated pursuant to the International Religious Freedom Act, Vietnam, in fact, continues to be among the worst violators of reli- gious freedom in the world. According to the United States Com- mission for International Religious Freedom 2012 annual report, ‘‘The Government of Vietnam continues to control all religious com- munities, restrict and penalize independent religious practice se- verely, and represses individuals and groups viewed as challenging its authority.’’ I agree with the Commission’s conclusion that Viet- nam should be designated a CPC. I met courageous religious leaders during my last trip to Viet- nam who are struggling for fundamental human rights in their country. Unfortunately, many of them including Father Ly, and the most Venerable Thich Quang Do, remain wrongly detained today. There are disturbing reports that Father Ly is suffering poor health. Leaders of religious organizations are not only victimized by the Vietnamese Government, individuals in small communities are also targeted by their regime. One of our witnesses today, Mr. Tien Tran, will speak of the bru- tality that he experienced as a member of the Con Dau Parish that (1) VerDate 0ct 09 2002 10:54 Sep 24, 2013 Jkt 000000 PO 00000 Frm 00005 Fmt 6633 Sfmt 6633 F:\WORK\_AGH\041113\80363 HFA PsN: SHIRL 2 was violently repressed in 2010 when they tried to have a funeral procession. I will point out parenthetically that we held hearings then. And Congressman Cao will remember it so well because he did so help put those together, and we talked about the fact that the bullies actually rained upon people during a funeral and beat them, and told them that they could not continue with their fu- neral procession. And unfortunately, people died, people were in- carcerated and torture was rampant. The State Department’s upgrade of Vietnam from Tier II watch list to Tier II with respect to minimum standards for the elimi- nation of human trafficking also needs to be critically examined. The Department’s 2012 Trafficking in Persons Report states only that Vietnamese women and children are being sexually exploited, but there are severe labor abuses occurring as well with, not in the absence of, but with the government’s complicity. The report ac- knowledges that state licensed labor export companies engage in fraud and charge illegal commissions for overseas employment, and that there are documented cases of recruitment companies ignoring pleas for help from workers in exploitative situations. I would note again that Dr. Thang has been instrumental in bringing huge amounts of evidence forward not only to committees and hearings that I have held and we have held in the past, but also to the Department of State, asking them to use that in bring- ing their conclusion to a Tier III ranking, because it is unmistak- able that on this score card Vietnam deserves a Tier III ranking as well. As the sponsor of the Trafficking Victims Protection Act I am deeply disturbed that the tier rankings are not being better uti- lized by our State Department to pressure Vietnam to correct the trafficking abuses occurring within its government, not to mention those in the private sector. We will hear from Ms. Hui Danh who will testify about the or- deal that her sister has endured as a victim of human trafficking. I am deeply disturbed by her story because her sister’s situation ac- tually got worse when she asked for help from the Vietnamese Em- bassy. I greatly admire her courage, and the subcommittee