 |
|
|
|
|
|
|
|
|
         |
|
||
Text of H.R.1969 as Introduced in House
Vietnam Human Rights Act of 2009
To
promote freedom and democracy in Vietnam.
current 111st session of congress
Version
History
HR 1969 IH
111th
CONGRESS
1st
Session
H. R.
1969
To promote freedom and democracy in
Vietnam.
IN THE
HOUSE OF REPRESENTATIVES
April 2, 2009
Mr. SMITH of New Jersey (for
himself, Mr. WOLF, Ms. ZOE LOFGREN of California, Mr. CAO, Ms. LORETTA SANCHEZ
of California, Mr. ROYCE, Mr. ROHRABACHER, and Mr. PENCE) introduced the
following bill; which was referred to the Committee on Foreign Affairs, and in
addition to the Committee on Ways and Means, for a period to be subsequently
determined by the Speaker, in each case for consideration of such provisions as
fall within the jurisdiction of the committee concernedCommentsClose CommentsPermalink
A BILL
To promote freedom and democracy in
Vietnam.
Be it
enacted by the Senate and House of Representatives of the United States of
America in Congress assembled,
SECTION
1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title-
This Act may be cited as the ‘Vietnam Human Rights Act of 2009’.
(b) Table of
Contents- The table of contents for this Act is as follows:
Sec. 1. Short
title; table of contents.
Sec. 2. Findings.
Sec. 3. Purpose.
TITLE
I--PROHIBITION ON INCREASED NONHUMANITARIAN ASSISTANCE TO THE GOVERNMENT OF
VIETNAM
Sec. 101.
Bilateral nonhumanitarian assistance.
TITLE
II--PROHIBITION ON GENERALIZED SYSTEM OF PREFERENCES AUTHORITY FOR VIETNAM
Sec. 201.
Prohibition on Generalized System of Preferences.
TITLE
III--ASSISTANCE TO SUPPORT DEMOCRACY IN VIETNAM
Sec. 301.
Assistance.
TITLE
IV--UNITED STATES PUBLIC DIPLOMACY
Sec. 401. Radio
Free Asia transmissions to Vietnam.
Sec. 402. United
States educational and cultural exchange programs with Vietnam.
TITLE
V--UNITED STATES REFUGEE POLICY
Sec. 501. Refugee
resettlement for nationals of Vietnam.
TITLE
VI--ANNUAL REPORT ON PROGRESS TOWARD FREEDOM AND DEMOCRACY IN VIETNAM
Sec. 601. Annual
report.
SEC.
2. FINDINGS.
Congress finds the
following:
(1) The
relationship between the United States and the Socialist Republic of Vietnam
has grown substantially since the end of the trade embargo in 1994, with annual
trade between the 2 countries reaching over $15,200,000,000 in 2008.
(2) The Government
of Vietnam’s transition toward greater economic freedom and trade has not been
matched by greater political freedom and substantial improvements in basic
human rights for Vietnamese citizens, including freedom of religion,
expression, association, and assembly.
(3) The United
States Congress agreed to Vietnam becoming an official member of the World
Trade Organization in 2006, amidst assurances that the Government of Vietnam
was steadily improving its human rights record and would continue to do so.
(4) Vietnam
remains a one-party state, ruled and controlled by the Communist Party of
Vietnam (CPV), which continues to deny the right of citizens to change their
government.
(5) Although in
recent years the National Assembly of Vietnam has played an increasingly active
role as a forum for highlighting local concerns, corruption, and inefficiency,
the National Assembly remains subject to the direction of the CPV and the CPV
maintains control over the selection of candidates in national and local
elections.
(6) The Government
of Vietnam forbids public challenge to the legitimacy of the one-party state,
restricts freedoms of opinion, the press, and association and tightly limits
access to the Internet and telecommunication.
(7) Since
Vietnam’s accession to the WTO on January 11, 2007, the Government of Vietnam
arbitrarily arrested and imprisoned several individuals for their peaceful
advocacy of democracy, including Father Nguyen Van Ly and human rights lawyers
Nguyen Van Dai and Le Thi Cong Nhan.
(8) The Government
of Vietnam continues to detain, imprison, place under house arrest, convict, or
otherwise restrict persons for the peaceful expression of dissenting political
or religious views.
(9) The Government
of Vietnam has also failed to improve labor rights, continues to arrest and
harass labor leaders, and restricts the right to organize independently.
(10) The
Government of Vietnam continues to limit freedom of religion and restrict the
operation of religious organizations.
(11) Despite
reported progress in church openings and legal registrations of religious
venues, the Government of Vietnam has halted most positive actions since the
Department of State lifted the ‘country of particular concern’ (CPC) designation
for Vietnam in November 2006.
(12) Unregistered
ethnic minority Protestant congregations suffer severe abuses because of
actions by the Government of Vietnam, which have included forced renunciations
of faith, arrest and harassment, the withholding of social programs provided
for the general population, confiscation and destruction of property, and
subjection to severe beatings.
(13) During a
peaceful Catholic prayer vigil for the return of government confiscated church
properties, protestors were dispersed after being harassed, some were detained,
and some of the property was destroyed. Catholics continue to face some
restrictions on selection of clergy, the establishment of seminaries and
seminary candidates, and restrictions on individual cases of travel and church
registration.
(14) The Unified
Buddhist Church of Vietnam (UBCV) suffers persecutions as the Government of
Vietnam continues to restrict contacts and movement of senior UBCV clergy for
refusing to join the state sponsored Buddhist organizations, the Government
restricts expression and assembly, and the Government continues to harass and
threaten UBCV monks, nuns, and youth leaders.
(15) The
Government of Vietnam continues to suppress the activities of other religious
adherents, including Cao Dai and Hoa Hao who lack official recognition or have
chosen not to affiliate with the state-sanctioned groups, including through the
use of detention and imprisonment.
(16) During Easter
weekend in April 2004, thousands of Montagnards gathered to protest their
treatment by the Government of Vietnam, including the confiscation of tribal
lands and ongoing restrictions on religious activities. Credible reports
indicate that the protests were met with violent response as many demonstrators
were arrested, injured, went into hiding, and that others were killed. Many of
these Montagnards are still serving long sentences for their involvement in
peaceful demonstrations in 2001 and 2004. Government officials continue to
severely restrict Montagnard movement and prohibit them from seeking asylum in
Cambodia.
(17) Ethnic
minority Hmong in the Northwest Highlands of Vietnam also suffer restrictions,
abuses, and persecution by the Government of Vietnam, and although the
Government is now allowing some Hmong Protestants to organize and conduct
religious activity, some government officials continue to deny or ignore
additional applications for registration.
(18) On February
8, 2007, the Government of Vietnam arrested and defrocked several ethnic Khmer
Buddhists in response to a peaceful religious protest. The Government continues
to restrict Khmer Krom expression, assembly, association, and controls all
religious organizations and prohibits most peaceful protests.
(19) The
Government of Vietnam controls all print and electronic media, including access
to the Internet, jams the signals of some foreign radio stations, including
Radio Free Asia, and has detained and imprisoned individuals who have posted,
published, sent, or otherwise distributed democracy-related materials.
(20) People
arrested in Vietnam because of their political or religious affiliations and
activities often are not accorded due legal process as they lack full access to
lawyers of their choice, may experience closed trials, have often been detained
for years without trial, and have been subjected to the use of torture to admit
crimes they did not commit or to falsely denounce their own leaders.
(21) Vietnam
continues to be a source country for the commercial sexual exploitation and
forced labor of women and girls, for men and women legally entering into
international labor contracts who subsequently face conditions of debt bondage
or forced labor, and is a destination country for child trafficking and
continues to have internal human trafficking.
(22) Although the
Government of Vietnam is making progress in combating human trafficking, it
does not fully comply with the minimum standards for the elimination of
trafficking.
(23) United States
refugee resettlement programs, including the Humanitarian Resettlement (HR)
Program, the Orderly Departure Program (ODP), Resettlement Opportunities for
Vietnamese Returnees (ROVR) Program, general resettlement of boat people from
refugee camps throughout Southeast Asia, the Amerasian Homecoming Act of 1988,
and the Priority One Refugee resettlement category have helped rescue
Vietnamese nationals who have suffered persecution on account of their
associations with the United States as well as Vietnamese nationals who have
been persecuted because of race, religion, nationality, political opinion, or
membership in a particular social group.
(24) While
previous programs have served their purposes well, a significant number of
eligible refugees from Vietnam were unfairly denied or excluded, including
Amerasians, in some cases by vindictive or corrupt Vietnamese officials who
controlled access to the programs, and in others by United States personnel who
imposed unduly restrictive interpretations of program criteria. In addition,
the Government of Vietnam has denied passports to persons who the United States
has found eligible for refugee admission.
(25) Congress has
passed numerous resolutions condemning human rights abuses in Vietnam,
indicating that although there has been an expansion of relations with the
Government of Vietnam, it should not be construed as approval of the ongoing
and serious violations of fundamental human rights in Vietnam.
(26) Enhancement
of relations between the United States and Vietnam has proved an opportunity
for a human rights dialogue and could lead to future progress on human rights
issues in Vietnam.
SEC.
3. PURPOSE.
The purpose of
this Act is to promote the development of freedom and democracy in Vietnam.
TITLE I--PROHIBITION ON INCREASED NONHUMANITARIAN ASSISTANCE
TO THE GOVERNMENT OF VIETNAM
SEC.
101. BILATERAL NONHUMANITARIAN ASSISTANCE.
(a) Assistance-
(1) IN GENERAL-
Except as provided in subsection (b), the Federal Government may not provide
nonhumanitarian assistance to the Government of Vietnam during any fiscal year
in an amount that exceeds the amount of such assistance provided during fiscal
year 2009 unless--
(A) the Federal
Government provides assistance, in addition to the assistance authorized under
section 301(b), supporting the creation and facilitation of human rights
training, civil society capacity building, noncommercial rule of law
programming, and exchange programs between the Vietnamese National Assembly and
the United States Congress at levels commensurate with, or exceeding, any
increases in nonhumanitarian assistance to Vietnam;
(B) with respect
to the limitation for fiscal year 2010, the President determines and certifies
to Congress, not later than 30 days after the date of the enactment of this
Act, that the requirements of subparagraphs (A) through (G) of paragraph (2)
have been met during the 12-month period ending on the date of the
certification; and
(C) with respect
to the limitation for subsequent fiscal years, the President determines and
certifies to Congress, in the most recent annual report submitted pursuant to
section 601, that the requirements of subparagraphs (A) through (G) of
paragraph (2) have been met during the 12-month period covered by the report.
(2) REQUIREMENTS-
The requirements of this paragraph are the following:
(A) The Government
of Vietnam has made substantial progress toward releasing all political and
religious prisoners from imprisonment, house arrest, and other forms of
detention.
(B) The Government
of Vietnam has made substantial progress toward--
(i) respecting the
right to freedom of religion, including the right to participate in religious
activities and institutions without interference, harassment, or involvement of
the Government, for all of Vietnam’s diverse religious communities; and
(ii) returning
estates and properties confiscated from the churches and religious communities.
(C) The Government
of Vietnam has made substantial progress toward respecting the right to freedom
of expression, assembly, and association, including the release of independent
journalists, bloggers, and democracy and labor activists.
(D) The Government
of Vietnam has made substantial progress toward repealing or revising laws that
criminalize peaceful dissent, independent media, unsanctioned religious
activity, and nonviolent demonstrations and rallies, in accordance with
international standards and treaties to which Vietnam is a party.
(E) The Government
of Vietnam has made substantial progress toward allowing Vietnamese nationals
free and open access to United States refugee programs.CommentsClose CommentsPermalink
(F) The Government
of Vietnam has made substantial progress toward respecting the human rights of
members of all ethnic and minority groups.
(G) Neither any
official of the Government of Vietnam nor any agency or entity wholly or partly
owned by the Government of Vietnam was complicit in a severe form of
trafficking in persons, or the Government of Vietnam took all appropriate steps
to end any such complicity and hold such official, agency, or entity fully
accountable for its conduct.
(b) Exception-
(1) CONTINUATION
OF ASSISTANCE IN THE NATIONAL INTEREST- Notwithstanding the failure of the
Government of Vietnam to meet the requirements of subsection (a)(2), the
President may waive the application of subsection (a) for any fiscal year if
the President determines that the provision to the Government of Vietnam of
increased nonhumanitarian assistance would promote the purpose of this Act or
is otherwise in the national interest of the United States.
(2) EXERCISE OF
WAIVER AUTHORITY- The President may exercise the authority under paragraph (1)
with respect to--
(A) all United
States nonhumanitarian assistance to Vietnam; or
(B) one or more
programs, projects, or activities of such assistance.
(c) Definitions-
In this section:
(1)
NONHUMANITARIAN ASSISTANCE- The term ‘nonhumanitarian assistance’ means--
(A) any assistance
under the Foreign Assistance Act of 1961 (including programs under title IV of
chapter 2 of part I of that Act, relating to the Overseas Private Investment
Corporation), other than--
(i) disaster
relief assistance, including any assistance under chapter 9 of part I of that
Act;
(ii) assistance
which involves the provision of food (including monetization of food) or
medicine;
(iii) assistance
for refugees; and
(iv) assistance to
combat HIV/AIDS, including any assistance under section 104A of that Act; and
(B) sales, or
financing on any terms, under the Arms Export Control Act.
(2) SEVERE FORMS
OF TRAFFICKING IN PERSONS- The term ‘severe form of trafficking in persons’
means any activity described in section 103(8) of the Trafficking Victims
Protection Act of 2000 (Public Law 106-386 (114 Stat. 1470); 22 U.S.C.
7102(8)).
TITLE II--PROHIBITION ON GENERALIZED SYSTEM OF PREFERENCES
AUTHORITY FOR VIETNAM
SEC.
201. PROHIBITION ON GENERALIZED SYSTEM OF PREFERENCES.
(a) Prohibition-
The President may not provide duty-free treatment for eligible articles from
Vietnam under title V of the Trade Act of 1974 (19 U.S.C. 2461 et seq.) until
the President determines and certifies to Congress that the Government of
Vietnam meets the requirements described in subsection (b).
(b) Requirements-
The requirements described in this subsection are the following:
(1) The Government
of Vietnam fully protects the freedom of association, in law and practice.
(2) The Government
of Vietnam does not engage in or condone serious violations of the rights of
workers, including the detention, harassment, or arrest of labor activists or
individuals who write, speak, or otherwise disseminate information relating to
labor rights.
TITLE III--ASSISTANCE TO SUPPORT DEMOCRACY IN VIETNAM
SEC.
301. ASSISTANCE.
(a) In General-
The President is authorized to provide assistance, through appropriate
nongovernmental organizations and the Human Rights Defenders Fund, for the
support of individuals and organizations to promote internationally recognized
human rights in Vietnam.
(b) Authorization
of Appropriations- There are authorized to be appropriated to the President to
carry out subsection (a) $2,000,000 for each of the fiscal years 2010 and 2011.
TITLE IV--UNITED STATES PUBLIC DIPLOMACY
SEC.
401. RADIO FREE ASIA TRANSMISSIONS TO VIETNAM.
(a) Policy of the
United States- It is the policy of the United States to take such measures as
are necessary to overcome the jamming of Radio Free Asia by the Government of
Vietnam.
(b) Authorization
of Appropriations- In addition to such amounts as are otherwise authorized to
be appropriated for the Broadcasting Board of Governors, there are authorized
to be appropriated to carry out the policy under subsection (a) $12,5000,000
for the fiscal year 2010 and $2,500,000 for fiscal year 2011.
SEC.
402. UNITED STATES EDUCATIONAL AND CULTURAL EXCHANGE PROGRAMS WITH VIETNAM.
It is the policy
of the United States that programs of educational and cultural exchange with
Vietnam should actively promote progress toward freedom and democracy in
Vietnam by providing opportunities to Vietnamese nationals from a wide range of
occupations and perspectives to see freedom and democracy in action and, also,
by ensuring that Vietnamese nationals who have already demonstrated a
commitment to these values are included in such programs.
TITLE V--UNITED STATES REFUGEE POLICYCommentsClose CommentsPermalink
SEC.
501. REFUGEE RESETTLEMENT FOR NATIONALS OF VIETNAM.
(a) Policy of the
United States- It is the policy of the United States to offer refugee
resettlement to nationals of Vietnam (including members of the Montagnard
ethnic minority groups) who were eligible for the Orderly Departure Program
(ODP), the Humanitarian Resettlement (HR) Program, the Resettlement
Opportunities for Vietnamese Returnees (ROVR) Program, the Amerasian Homecoming
Act of 1988, or any other United States refugee program and who were deemed
ineligible due to administrative error or who for reasons beyond the control of
such individuals (including insufficient or contradictory information or the
inability to pay bribes demanded by officials of the Government of Vietnam)
were unable or failed to apply for such programs in compliance with deadlines
imposed by the Department of State.
(b) Authorized
Activity- Of the amounts authorized to be appropriated to the Department of
State for Migration and Refugee Assistance for each of the fiscal years 2010,
2011, and 2012, such sums as may be necessary are authorized to be made
available for the protection (including resettlement in appropriate cases) of
Vietnamese refugees and asylum seekers, including Montagnards and ethnic Khmer
in Cambodia and Thailand.
TITLE VI--ANNUAL REPORT ON PROGRESS TOWARD FREEDOM AND
DEMOCRACY IN VIETNAM
SEC.
601. ANNUAL REPORT.
(a) In General-
Not later than 6 months after the date of the enactment of this Act and every
12 months thereafter, the Secretary of State shall submit to the Congress a
report on the following:
(1) The
determination and certification of the President that the requirements of
subparagraphs (A) through (G) of section 101(a)(2) have been met, if
applicable.
(2) Steps taken to
carry out section 101(a)(1)(A), if applicable.
(3) Efforts by the
United States Government to secure transmission sites for Radio Free Asia in
countries in close geographical proximity to Vietnam in accordance with section
401(a).
(4) Efforts to
ensure that programs with Vietnam promote the policy set forth in section 402
and with section 105 of the Human Rights, Refugee, and Other Foreign Policy
Provisions Act of 1996 regarding participation in programs of educational and
cultural exchange.
(5) Steps taken to
carry out the policy under section 501(a).
(6) Lists of
persons believed to be imprisoned, detained, or placed under house arrest,
tortured, or otherwise persecuted by the Government of Vietnam due to their
pursuit of internationally recognized human rights. In compiling such lists,
the Secretary shall exercise appropriate discretion, including concerns
regarding the safety and security of, and benefit to, the persons who may be
included on the lists and their families. In addition, the Secretary shall
include a list of such persons and their families who may qualify for
protections under United States refugee programs.
(7) A description
of the development of the rule of law in Vietnam, including--
(A) progress
toward the development of institutions of democratic governance;
(B) processes by
which statutes, regulations, rules, and other legal acts of the Government of
Vietnam are developed and become binding within Vietnam;CommentsClose CommentsPermalink
(C) the extent to
which statutes, regulations, rules, administrative and judicial decisions, and
other legal acts of the Government of Vietnam are published and are made
accessible to the public;
(D) the extent to
which administrative and judicial decisions are supported by statements of
reasons that are based upon written statutes, regulations, rules, and other
legal acts of the Government of Vietnam;
(E) the extent to
which individuals are treated equally under the laws of Vietnam without regard
to citizenship, race, religion, political opinion, or current or former
associations;
(F) the extent to
which administrative and judicial decisions are independent of political
pressure or governmental interference and are reviewed by entities of appellate
jurisdiction; and
(G) the extent to
which laws in Vietnam are written and administered in ways that are consistent
with international human rights standards, including the requirements of the
International Covenant on Civil and Political Rights.
(b) Contacts With
Other Organizations- In preparing the report under subsection (a), the
Secretary shall, as appropriate, seek out and maintain contacts with
nongovernmental organizations and human rights advocates (including
Vietnamese-Americans and human rights advocates in Vietnam), including
receiving reports and updates from such organizations and evaluating such
reports. The Secretary shall also seek to consult with the United States
Commission on International Religious Freedom for appropriate sections of the
report.
|
|||
Home | About MHRO | Advocacy | Immigration Family Reunification | Accomplishments | Contact Us |
|
||||||
