Boehringer, Gill --- "Vietnam: Human rights on the agenda" [2000] AltLawJl 111; (2000) 25(6) Alternative Law Journal 303

• Vietnam: Human rights on the agenda
• GILL BOEHRINGER* attended a conference on the rule of law and democracy in Vietnam.

Vietnam: Human rights on the agenda

GILL BOEHRINGER^[*] attended a conference on the rule of law and democracy in Vietnam.

The issue of human rights in Vietnam has not been prominent in the news for a considerable time. Other Asian countries’ human rights violations have attracted more attention. The news we get about Vietnam, which is blessed little, tends to focus on its economy. Recently, the USA has concluded a trade deal with their former foe. President Clinton called it ‘another historic step in the process of normalisation, reconciliation and healing’ between the nations, ‘one more reminder that former adversaries can come together to find common ground’. The ‘linkage’ to trade and human rights was muted. However on his recent trip to Vietnam it was given prominence in reports of the discussions held, though nothing specific appears to have been settled. Indeed, there was a debate about what should be understood by human rights in the context of a ‘socialist republic’. Perhaps the concrete linkage will come later. Right now, the USA obviously wants to avoid losing out on such a potentially significant market. Consider that Cuba has about 11 million people and Yankee business interests are pressing the government to drop trade barriers and other impediments to normal relations with the country. Vietnam has nearly 90 million (expected to go over 100 million by 2010). With one of the lowest per capita GNPs (US$320 in 1997, about 25% of the Philippines) in the world, there is huge long-term potential in exports and investment, plus shorter term interests in cheap labour and imports. Not surprisingly, ‘the deal … would slash tariffs on both sides … bind Hanoi to global rules on intellectual property and allow US investment in Vietnamese telecommunications, advertising, travel, health care and other long-restricted services’ (reported in the Sydney Morning Herald, 15 March 2000).

In 1986 with its economy faltering, the Vietnamese government embarked on a new program of ‘renovation’ or doi moi. This opening to a ‘socialist market economy’ paid off quickly with good results in economic growth (8.8% in 1997). Nevertheless, the ‘Asian shock’ had a significant impact, though given its low level of development and relative isolation from regional economic networks, this was not catastrophic for Vietnam. However it has become clear to the government — as it had to other Communist states in recent years — that further continued economic growth and political stability requires reforms in other areas.

Recently I was invited to attend a conference in Washington DC on ‘The Rule of Law and Democracy in Vietnam’. It was fascinating, one of the most interesting conferences I have attended. (For resolutions and other information see <<www.icfv.org>>. Three organisations co-operated in putting on the conference: the International Committee for a Free Vietnam (ICFV), the Alliance for a Democratic Vietnam (ADV) and the Movement to Unite the People and Build Democracy in Vietnam (MUPBD).

ICFV was formed in Belgium in 1986, presumably in response to the doi moi policy. It consists of non-Vietnamese in branches in 19 countries, and its aim is to support peaceful moves toward the rule of law and democracy within Vietnam. It also seeks to use its membership (many of whom are parliamentarians) to influence governments to encourage the Vietnamese government to make reforms leading to more freedom and political participation. This is not a fruitless endeavour. Australia is a major donor to the country — perhaps the 5th most significant overall, with an estimated contribution of $280 million between 1999 and 2003. (See generally Australia and Vietnam: Development Co-operation Program 1999-2001, AusAid, Canberra.) Given that Vietnam’s most important resource is its population — as they proved in the late wars — the two governments have agreed to co-operate on numerous education and training programs. These include a number in ‘governance’, confirming that governmental transparency and protection of human rights may be factors in future development. It has been agreed that all aid projects will take account of gender and environmental issues.

The ADV is an umbrella organisation which brings together overseas Vietnamese organisations, while MUPBD — again, Vietnamese — is both internal and external. The internal leaders were arrested in 1993 when they attempted to hold a conference on issues relating to peaceful political and economic development in the country. The leader of MUPBD — a former Professor of History, Nguyen Dinh Huy, had been a political prisoner from 1975 to 1992; he has remained in gaol since 1993. Though the number of other political prisoners is not known, it is by some accounts in the hundreds of thousands. What is known is that there are very serious restrictions on freedom of speech, political organisation and religion. Nevertheless there is on-going and highly courageous activity within the country to expand freedom and, with some mass protests in the countryside, to resist severe restrictions on religious observance.

There were many incidents of violation of human rights referred to at the conference. One startling example was the execution in April this year of a Canadian citizen of Vietnamese descent, Ms Nguyen Thi Hiep. She had been arrested when about to return to Canada after visiting with her mother. Ms Nguyen was alleged to have been smuggling heroin (a big problem in the country) after a search of her possessions revealed the drug packed in the frames of some pictures she was taking out of the country. She was tried and convicted, as was her mother, after not guilty pleas. Both were imprisoned after the short, quick proceedings. They claimed to have been set-up and unfairly convicted. The Canadian government sent police to investigate the case. They found evidence to support Ms Nguyen’s story. The Canadian government made urgent representations. (ICFV was involved in monitoring the case from the beginning.) It was thought that an understanding had been reached and she would be protected while the case was being further considered. However, during the continuing investigations she was executed. Her mother was released in September, along with about 10,000 prisoners (mainly political) to mark the national independence anniversary.

This case raises the spectre of high level corruption involving large scale criminal activity. Why else was she so quickly silenced?

One of the main concerns at the conference was that there should be no ‘Communist Collapse’ as there was in the USSR. After that example, as well as the experience of nearly 30 years of war, the Vietnamese at the conference were unanimous — they need to reach out to fellow patriots of whatever persuasion, and move peacefully to a democratic rule of law state. The fear of a vacuum allowing a ‘mafia’ to assert its violent and voracious power — as with Russia today — compels Vietnamese both inside and outside the country to develop a dialogue, to work together, slowly and steadily towards a more democratic future. The history of Chinese interference and direct domination — including one period of about 1100 years — over the Viets raises the very real fear that a sudden collapse of the present regime could see the Chinese moving in to fill the vacuum.

It was the view of many at the conference that this policy of engagement and dialogue is working, if slowly and with difficulties. They are confident that among the leadership inside the country are strong supporters of a substantial shift towards a rule of law and democratisation.

My own optimism was given a tremendous boost when at the conference dinner I found myself sitting between General Tran Van Nhut (formerly of the Republic of South Vietnam Marines) and Bui Tin (author of Following Ho Chi Minh: Memoirs of a North Vietnamese Colonel, Crawford House Publishing, 1995). If these old foes can work together for the reconstruction and reformation of their country, then they may very well succeed. The peasants and workers of Vietnam may indeed live to see the establishment of a human rights regime. It is well and truly on the agenda. They deserve no less given their heroic struggles for freedom.

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^[*] Gill Boehringer teaches law at Macquarie University.