Vietnamese lawyer Ngo Anh Tuan spoke to RFA a few Nov. 1 assembly with U.S. officers within the run-up to the twenty sixth U.S.-Vietnam Human Rights Dialogue.
On Nov. 1, Vietnamese rights lawyer Ngo Anh Tuan attended a gathering between representatives from the U.S. State Division, the U.S. Embassy in Hanoi, the U.S. Consulate in Ho Chi Minh Metropolis and members of the family of a number of jailed political dissidents on the eve of the twenty sixth U.S.-Vietnam Human Rights Dialogue held on Nov. 2. Radio Free Asia spoke to him concerning the assembly on Nov. 3. The interview has been edited for brevity and readability.
RFA: What have been your suggestions for the U.S. authorities on the assembly relating to human rights in Vietnam?
Ngo Anh Tuan: The assembly was held on the eve of the annual U.S.-Vietnam Human Rights Dialogue. I got here to the assembly at their [the U.S. government’s] invitation and was the one lawyer there. I can’t repeat what I mentioned verbatim however listed below are the important thing issues that I raised:
Firstly, Vietnam ought to maintain dialogues with political dissidents and make the most of their data and abilities for the nation’s improvement. President Ho Chi Minh did this after establishing the Democratic Republic of Vietnam, which had been seen as an applicable coverage. Sadly, they [the current Vietnamese government] don’t do it now.
Secondly, [Vietnam] has to amend or take away the cruel provisions referring to freedom of speech in its present Penal Code as they contradict Vietnam’s 2013 Structure and human rights treaties to which Vietnam is a signatory.
Thirdly, [Vietnam] should instantly cease utilizing its Departments of Data and Communications (DOICs) to evaluate individuals’s ideas and ideologies and accuse them [instead of] investigation and procuracy businesses and judges. So long as these practices aren’t eradicated, DOIC assessors must be summoned to trials to make clear what they’ve assessed and reply to protection attorneys. Presently, DOIC assessors keep away from attending hearings. Whereas the present regulation stipulates that each one the proof to accuse a defendant should be clarified on the trial, I’ve by no means seen any judiciary assessors at any trials that I’ve attended.
RFA: Had been there any attorneys giving comparable suggestions? What are your expectations for the implementation of those suggestions?
Ngo Anh Tuan: I didn’t ask what number of attorneys that they had invited however I used to be the one lawyer on the assembly.
I don’t anticipate all of my suggestions shall be applied immediately as it could be too bold for a dialogue like this. It could even be difficult to appreciate the simplest factor in my first suggestion. Some minor points could be finished in the intervening time.
RFA: Suppose they might solely implement one of many three suggestions, which one would you prefer to prioritize?
Ngo Anh Tuan: We would like all of them to be applied. Nonetheless, what I believe they will do now’s the third one, i.e., the evaluation of individuals’s ideas and ideologies. I imagine individuals from investigative businesses, the procuracy and the courts notice this authorized flaw. If assessors are allowed to [freely] make accusations, they are going to be capable to simply cost individuals for thus many issues. It’s unacceptable that they [the assessors] study the ideological facet after which conclude the target facet of against the law. By doing so, they’ve made accusations earlier than [the judicial system]. This goes in opposition to all authorized rules of each Vietnam and the world.
Legal professionals have raised this difficulty many instances with them and I believe in addition they need a change. Nonetheless, they received’t have the ability to take action if the present laws aren’t amended.
RFA: Legal professionals usually encounter disagreeable and even unlawful acts from authorities. Why didn’t you increase this difficulty in your suggestions?
Ngo Anh Tuan: I believe the oppression in opposition to attorneys shouldn’t be that critical however the disrespect for attorneys is a matter of reality. Nonetheless, we [lawyers] put shoppers’ pursuits earlier than ours. If we face difficulties, we nonetheless can battle in opposition to them whereas our shoppers are in rather more deprived conditions. Our shoppers and strange individuals on the market are rather more susceptible and deprived than us. It’s extra applicable for the Vietnam Bar Federation or provincial bar associations to talk up for attorneys’ rights. I select to talk up for individuals’s rights as individuals’s pursuits ought to outweigh attorneys’.
RFA: You could have mentioned that freedom and democracy received’t come with out effort and we have now to create them and create alternatives for individuals round us as a substitute of ready for others to carry freedom and democracy to us. May you elaborate on this?
Ngo Anh Tuan: I imagine most intellectuals are educated sufficient to appreciate this however they might assume that is another person’s job, not theirs. In addition they perceive that we have to be a part of fingers to make the nation a greater place however in addition they assume it’s OK if that doesn’t embrace their fingers. A Vietnamese saying goes: “Lead the cost if it’s a celebration. Comply with others if it’s a march throughout waters.” They might assume: Because the pioneers have raised their hand, we will stand behind them and can increase our hand when success is sort of there.
Politics shouldn’t be one thing tremendous. It impacts everybody, together with us and our members of the family. For instance, an inappropriate administrative resolution creates difficulties for strange individuals, together with us. Acquainted issues like land and wage points are additionally politics. Society shall be higher if everybody speaks up in opposition to injustice and wrongdoings. Everybody can contribute however many selected to forgo their rights. If everybody thinks we don’t want to talk up because the particular person subsequent to us will do it, society, in fact, shall be at a standstill.
RFA: Do you hope that human rights in Vietnam shall be improved after every human rights dialogue between the U.S. and Vietnam?
Ngo Anh Tuan: On this assembly, an officer requested me in the event that they [the U.S. government] may assist in any approach. I bluntly requested again: Why did you ask that query? Can you actually assist?
I additionally attended the same assembly with the EU’s representatives earlier than their human rights dialogue with Vietnam which appears to not have borne many fruits. In the meantime, Ms. Erin Barclay, a senior official from the U.S. Bureau of Democracy, Human Rights and Labor, was very enthusiastic. She mentioned that the U.S. authorities shared my ideas and that she would make each effort no matter whether or not the difficulty is small or huge. She mentioned she hoped that Vietnam would make progress and that optimistic adjustments would come.
RFA: Thanks very a lot.