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Kính thưa
quý vị,
Để sửa sọan cho cuộc Kiểm Điểm Định Kỳ Phổ Quát
() Việt Nam vào ngày mai 5 tháng 2, được sự ủy quyền của Khối 8406, Úc châu
chúng tôi đã sửa sọan bản đóng góp bằng Anh ngữ xin được gởi đến quý vị.
Đồng thời vào tháng 6-2013, chúng tôi cũng đã gởi đến Cao Uỷ Nhân
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Kính mến
Nguyễn Quang Duy
BLOC 8406
DEMOCRACY AND FREEDOM FOR VIETNAM
Bloc 8406 formed on the eighth of
April, 2006 in Vietnam by 118 people. Catholic priest Father Nguyen Van Ly, a
nominee for the 2013 Nobel Peace Prize, is one of its founders. Bloc 8406 is
one of the pro-democracy movements in Vietnam. Its membership, from both
outside and within the country, is now in their thousands.
Even though Bloc 8406 is not legalised
by the Vietnamese government (Government), it has been a driving force in
raising awareness of the unauthenticity to rule of the Government amongst
Vietnamese people around the world and in helping to educate Vietnamese people
about democracy, fairness and human rights. We are submitting the following
comments and recommendations on behalf of political and religious prisoners and
on behalf of people in Vietnam.
Socialist Republic of Vietnam
Submission to the UN Universal Periodic Review
January 2014
Contact details:
Mr Anh Tuan Francis Pham
Postal address: 13 Ernest Avenue, Chipping Norton, NSW, Australia, Post code
2170
Email address: anht.pham@gmail.com
Telephone: +61-423-155-088
Executive summary
In this submission, Bloc 8406 focuses
on the following aspects of human rights: freedom of religion, freedom of the
press, freedom of opinion and expression, right of self-determination, freedom
of movement, and right to take part in the government.
For each of those aspects, Bloc 8406
provides information under sections B and E as stipulated in the General
Guidelines for the Preparation of Information under the Universal Periodic
Review.
• Under Section B – Developments since the previous review.
• Under section E – Recommendations for
action by Vietnam.
B. Developments
since the previous review
Freedom of the press
1.
Vietnam has no freedom of Press. (1)
Vietnam blocks websites such as bbcvietnamese.com, rfa.org, viet.rfi.fr. (2)
Vietnam imprisons bloggers e.g. blogger Dieu Cay. (3) Vietnam outlaws all
private news agencies, media. (4) Journalists
cards are issued, granted and cancelled by the Press Bureau (Cục Báo Chí) which
is a government body. These cards should not be controlled by the government.
(5) Government continues cracks down on people raising concerns on social,
economical and political issues especially those bloggers and writers to
overseas media. (6) There is no law on freedom of information which allows the
media to obtain and print governmental policy and information such as the
border agreement with China. As such anybody dares to question the Government
on these issues will be trialled by the Article 88 of the Criminal Law. (7)
Decree No. 2, Sanctions for Administrative Violations in Journalism and
Publishing valid since Feb 2011 stipulates fines for journalists who violate
vague and broad provisions. (8) In May 2013 the National Assembly bans journalists
to attend certain Assembly meetings which are viewed non-secretive by the mass
media without explanation.
Freedom of religion and belief
2.
Vietnam is a systematic violator of
religion and belief. Religious activities deem to threaten the authority of the
Communist Party of Vietnam (CPV) are therefore banned or carefully monitored
and controlled. (1) There is no law on religion and belief so religions are at
the mercy of the Government. In January 2013 Decree 92 went into effect which
requires all religious institutions be registered and approved by the
Government in order to operate with unreasonable conditions such as the
religion must exist 20 years before it can be registered. These stringent rules
especially target religious groups which the Government believes oppose it,
such as members of the evangelical Protestant community, Roman Catholics, Hoa
Hoa Buddhists, Cao Dai church, Khmer-Krom Buddhists, Degar Christians, and
Falun Gong practitioners. The
United Buddhist Church of Vietnam formed in 1964 and is still outlawed by the
Government. (2) The Government maintains a specialised police unit (A41) to
suppress religions. (3) Father Nguyen Van Ly remains in prison and the Most
Venerable Thich Quang Do, Supreme Patriarch of the United Buddhist Church of
Vietnam, remains under “pagoda arrest.” (4) In March 2012, eight Hmong
Protestants were sentenced to two years’ imprisonment for “partaking in a
separatist ethnic movement.” (5) In February 2012, Pastor Nguyen Cong Chinh was
sentenced to five years for “distorting the domestic situation, criticizing the
government, and the army with foreign media.” (6) In May 2012, Hoa Hao activist
Bui Van Tham was sentenced to 30 months in prison for “resisting officials in
the performance of their official duties.” (7) In January 2013, a court
sentenced 22 members of the Buddhist Council for the Laws and Public Affairs of
Bia Son Mountain to jail terms ranging from 12 years to life for “aiming to
overthrow” the state. (8) In April and June 2012, three Protestant from Gai Lai
province in the Central Highlands, Kpuil Mel, Kpuil Le,and Nay Y Nga, were
sentenced to a combined 22 years in prison for practicing Dega Protestantism.
(9) In May 2013 8 further Protestant from Gai Lai province were sentenced
to a combined 63 years in prison. (10) There are many more uncivilised
sentences , such as the sentencing of the 17 Catholic youths, the Muong Nhe
incident, the “Con Cuong” incident, etc.
Freedom of opinion and expression
3.
(1) Vietnam is an Internet enemy
declared by RSF. Vietnam continues cracking on internet activists. The most
recent incident was on 17/4/2013 Pham Nguyen Thanh Binh was sentenced 3 years
imprisonment using Article 88 of the Criminal Law. Mr Pham wrote some articles
posted on an overseas blog raising concerns on corruption by Government
offcials. (2) On 26/5/2013 blogger Truong Duy Nhat was arrested and his blog
was permanently closed. (3) Vietnam bans all form of media propaganda which
criticises the CPV. On 16/5/2013 Nguyen Phuong Uyen and Dinh Nguyen Kha were
sentenced to 6 and 8 years imprisonment simply because they opposed the CPV but
they were found guilty of opposing the Government by Article 88 of the Criminal
Law. This clearly demonstrates that the CPV is above the Constitution and the
law. (4) Vietnam continues using cyberattacks – including distributed denial of
service (DDoS) attacks – and spyware to steal user IDs and passwords from
opposition website administrators, making blogging dangerous. (5) When all
other means cannot be used to silent the bloggers and human rights activists,
Vietnamese Government uses police officers (who disguise as gangsters) and
gangsters to attack the bloggers and human rights activists. On 9/4/2013
blogger Nguyen Chi Duc was attacked at his work place in Hanoi. Furthermore, at
the “Human Rights” picnic on 5/5/2013 organisers in Saigon were bashed and
detained illegally by the police.
Right of self-determination (article 1
of the International Covenant on Civil and Political Rights)
4.
(1) All the Constitutions have never
been referendum. (2) The majority of National Assembly members are chosen by
the CPV and do not represent the people. Most members are direct subordinates
of the prime ministers and therefore the National Assembly is not independent.
(3) The CPV-controlled Constitution, National Assembly, the Judiciary and
various laws and governmental decrees are parts of a totalitarian system and
which are anti-democracy, anti-justice and anti-human rights. (4) Article 4 of
the 1992 Constitution is a major obstacle to a democratic and fair in Vietnam.
This article is an exact copy of the former Soviet Union's Constitution. The
Vietnamese Communist Party (CPV) and all its organisations are not a lawful
entities. CPV always defends this article. (5) Article 4 of the Constitution
states that “All Party organisations operate within the framework of the
Constitution and the law” and yet there is no law governs the CPV's operations.
On 16/5/2013 Nguyen Phuong Uyen and Dinh Nguyen Kha were sentenced to 6 and 8
years imprisonment simply because they opposed the CPV and they were found
guilty of opposing the Government by Article 88 of the Criminal Law. This
clearly demonstrates that the CPV is above the Constitution and the law.
Freedom of movement
5.
There have been numerous incidents
where Vietnamese citizens are denied to leave and return to Vietnam. This is an
undeniable violation of Article 13 of The Universal Declaration of Human Rights
(UDHR). The most recent cases are Mr
Pham Van Diep and Mr Tran Trong Linh were denied to return to Vietnam on
24/4/2013 and 8/5/2013 respectively and Mr Huynh Ngoc Chenh was denied to leave
Vietnam on 10/5/2013.
Right to take part in the government
6.
(1) There is no law on political
parties makes any form of association is denied legal status in Vietnam.
Parties such as Democratic Party of Vietnam (DPV) are all denied legal status.
Notice that DPV was formed in 1944 and existed until 1988 when it was outlawed.
CPV and its children organisations such as Vietnam Fatherland Front do not have
legal status according to the Constitution. However together they govern every
aspect of life with supremacy. We challenge the Government to form the law and
to allow all parties to have legal status. (2) All National Assembly and all
government offices' candidates are hand picked by the CPV through its
subordinate the Vietnam Fatherland Front and people are asked to simply cast
their votes. The people cannot choose their representatives.
E – Recommendations for action by
Vietnam
Freedom of the press
7.
(1) Decree No. 2, Sanctions for
Administrative Violations in Journalism and Publishing must be abolished. (2)
Freedom of information must be allowed. (3) Allow independent journalists and
independent journalists’ cards.
Freedom of opinion and expression
8.
(1) All forms of opinion and
expression must be allowed. (2) Freedom of Internet must be allowed. (3) Stop
all cyber attacks. (4) Stop using police and gangsters to attack concerned
citizens.
Freedom of religion and belief
9.
The practice of having Ordinance and
Decree to control religions and their practitioners must end. There must be a
law on religion and belief so all matters can be dealt with in the court
of law.
Freedom of movement
10.
No-one must be denied of return
to or leave his homeland.
Right of self-determination
11.
The Government must (1) let the
people to freely discuss the Constitution
and (2) hold referendum of its current and future Constitutions.
Right to take part in the government
12.
(1) Law on political parties must be
created. (2) We call on and challenge the
Government to hold free and fair general elections of the National Assembly
and all government offices with international observers. We challenge the
Government to set up an independent Electoral Commission.
13.
Unconditionally
release all political prisoners immediatel
Appendix 1
Appendix 1 – list of
Bloc 8406’s members who have been imprisoned for defending human rights in
Vietnam.
Members who are still in prison
Name in
English
|
Name in
Vietnamese
|
Prison
term
|
Pastor
Nguyen, Cong Chinh
|
Mục sư Nguyễn
Công Chính
|
11
years
|
Labourer
Doan, Huy Chuong
|
Công nhân Đoàn Huy Chương
|
7 years
|
University
student Do, Thi Minh Hanh
|
Sinh viên Đỗ Thị Minh Hạnh
|
7 years
|
Teacher
Vi, Duc Hoi
|
Nhà giáo Vi Đức Hồi
|
5 years
|
University
student Nguyen, Hoang Quoc Hung
|
Sinh viên Nguyễn Hoàng Quốc Hùng
|
9 years
|
Lt.
Col. Tran, Anh Kim
|
Trung tá Trần Anh Kim
|
5 years
6 months
|
Ms Ho,
Thi Bich Khuong
|
Hồ Thị Bích Khương
|
5 years
(2nd term)
|
Father
Nguyen, Van Ly
|
Linh mục Nguyễn Văn Lý
|
8 years
(4th term)
|
Writer
Nguyen, Xuan Nghia
|
Nhà văn Nguyễn Xuân Nghĩa
|
6 years
|
Ms
Nguyen, Kim Nhan
|
Nguyễn Kim Nhàn
|
5 years
6 months (2nd term)
|
Ms Le,
Thi Kim Thu
|
Lê Thị Kim Thu
|
2 years
(2nd term)
|
Ms
Duong, Thi Tron
|
Dương Thị
Tròn
|
9 years
|
Journalist
Le, Thanh Tung
|
Nhà báo Lê Thanh Tùng
|
5 years
|
Members who were in prison
Name in
English
|
Name in
Vietnamese
|
Prison
term
|
Journalist
Nguyen, Vu Binh
|
Nhà báo Nguyễn Vũ Bình
|
7 years
|
Pastor
Doan, Van Dien
|
Truyền
đạo Đoàn Văn Diên
|
4 years
5 months
|
Lawyer
Nguyen, Van Dai
|
Luật sư Nguyễn
Văn Đài
|
4 years
|
Farmer
Nguyen, Ba Dang
|
Nông dân Nguyễn Bá Đăng
|
3 years
|
Journalist
Truong, Minh Duc
|
Ký giả Trương Minh Đức
|
5 years
|
Mr
Pham, Ba Hai
|
Phạm Bá Hải
|
5 years
|
Mr Vu,
Hoang Hai
|
Vũ Hoàng Hải
|
2 years
|
Lawyer
Tran, Quoc Hien
|
Luật sư Trần
Quốc Hiền
|
5 years
|
Ms
Nguyen, Thi Cam Hong
|
Nguyễn Thị Cẩm Hồng
|
1 year
6 months
|
Ms
Tran, Thi Le Hong
|
Trần Thị Lệ Hồng
|
3 years
|
Teacher
Vu, Hung
|
Nhà giáo Vũ Hùng
|
3 years
|
Mr
Truong, Quoc Huy
|
Trương Quốc
Huy
|
6 years
|
Ms
Pham, Thanh Nghien
|
Phạm Thanh Nghiên
|
4 years
|
Engineer
Truong, Minh Nguyet
|
Kỹ sư Trương Minh
Nguyệt
|
4 years
|
Ms
Nguyen, Kim Nhan
|
Nguyễn Kim Nhàn
|
2 years
|
Lawyer
Le, Thi Cong Nhan
|
Luật sư Lê Thị
Công Nhân
|
3 years
|
Mr
Hang, Tan Phat
|
Hàng Tấn Phát
|
6 years
|
Specialist
Nguyen, Phong
|
Chuyên gia Nguyễn Phong
|
6 years
|
Pastor
Nguyen, Hong Quang
|
Mục sư Nguyễn
Hồng Quang
|
3 years
|
Mr
Nguyen, Ngoc Quang
|
Nguyễn Ngọc Quang
|
3 years
|
University
student Ngo, Quynh
|
Sinh viên Ngô Quỳnh
|
3 years
|
Dr Le,
Nguyen Sang
|
Bác sĩ Lê Nguyên Sang
|
4 years
|
Mr
Luong, Van Sinh
|
Lương Văn Sinh
|
2 years
|
Mr Le,
Van Soc
|
Lê Văn Sóc
|
6 years
|
Dr
Pham, Hong Son
|
Bác sĩ Phạm Hồng Sơn
|
5 years
|
Mr
Nguyen, Manh Son
|
Nguyễn Mạnh Sơn
|
3 years
6 months
|
Pastor
Pham, Ngoc Thach
|
Mục sư Phạm
Ngọc Thạch
|
2 years
|
Poet
Tran, Duc Thach
|
Nhà thơ Trần
Đức Thạch
|
3 years
|
Specialist
Nguyen, Binh Thanh
|
Chuyên viên Nguyễn Bình Thành
|
4 years
6 months
|
Mr
Nguyen, Van Tho
|
Nguyễn Văn Thơ
|
6 years
|
Ms Le,
Thi Kim Thu
|
Lê Thị Kim Thu
|
1 years
6 months (1st term)
|
Writer
Tran, Khai Thanh Thuy
|
Nhà văn Trần Khải Thanh Thuỷ
|
3 years
6 months
|
Mr
Nguyen, Van Tinh
|
Nguyễn Văn Tính
|
3 years
|
Journalist
Nguyen, Khac Toan
|
Nhà báo Nguyễn Khắc Toàn
|
4 years
|
Pastor
Nguyen, Trung Ton
|
Mục sư Nguyễn
Trung Tôn
|
2 years
|
Engineer
Pham, Van Troi
|
Kỹ sư Phạm
Văn Trội
|
4 years
|
Pastor
Hong, Trung
|
Mục sư Hồng
Trung
|
1 year
|
Lawyer
Nguyen, Bac Truyen
|
Luật sư Nguyễn
Bắc Truyển
|
3 years
6 months
|
Mr
Nguyen, Van Tuc
|
Nguyễn Văn Túc
|
4 years
|
Ms
Nguyen, Thi Tuyet
|
Nguyễn Thị Tuyết
|
1 year
6 months
|
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