[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H. Con. Res. 378 Referred in Senate (RFS)]
2d Session
H. CON. RES. 378
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
May 13, 2004
Received and referred to the Committee on Foreign Relations
_______________________________________________________________________
CONCURRENT RESOLUTION
Calling on the Government of the Socialist Republic of Vietnam to
immediately and unconditionally release Father Thaddeus Nguyen Van Ly,
and for other purposes.
Whereas in February 2001, Father Thaddeus Nguyen Van Ly, a Roman Catholic priest
was formally invited to testify before the United States Commission on
International Religious Freedom but was denied permission to leave the
Socialist Republic of Vietnam and thus, instead, submitted written
testimony critical of Vietnam which
was read into the Commission record on February 13, 2001;
Whereas Father Ly's testimony before the Commission documents numerous specific
actions of the Government of Vietnam against religious freedom which he
classified as collectively being ``extremely cruel'' and requiring a
``non-violent and persistent campaign'' to achieve full religious
freedom for all people in Vietnam;
Whereas Father Ly has been detained by the Government of Vietnam since February
2001, when it placed Father Ly under administrative detention--as a
direct response to his testimony, branding him a traitor for
``slandering'' the Communist party and ``distorting'' the religious
policy of the Government of Vietnam;
Whereas the Government of Vietnam issued a second decree suspending Father Ly's
ability to ``carry on any religious responsibility and functions'' and
later formally removed Father Ly from his church, detained him, and
denied him access to adequate legal counsel;
Whereas on October 19, 2001, the Thua Thien Hue Provincial People's Court
convicted Father Ly of all charges after a one day, closed trial,
without the benefit of counsel and sentenced him to two years in prison
for violating the terms of his administrative detention, thirteen years
in prison for ``damaging the Government's unity policy'', and 5 years of
administrative probation upon release from prison;
Whereas after pleas from United States Government officials and the world
community Father Ly's sentence was reduced by 5 years;
Whereas in June 2001, Father Ly's nephews Nguyen Vu Viet, age 27, and Nguyen
Truc Cuong, age 36, and his niece Nguyen Thi Hoa, age 44, were arrested
for allegedly being in contact and receiving support from organizations
in the United States concerning the religious situation in Vietnam and
disseminating information concerning the detention of Father Ly;
Whereas after their cases generated much concern in Congress, Nguyen Thi Hoa,
Nguyen Vu Viet and Nguyen Truc Cuong all have been or are expected to be
released shortly;
Whereas on November 27, 2003, the United Nations Working Group on Arbitrary
Detention issued Opinion No. 20/2003 stating ``the Group is convinced
that [Father Ly] has been arrested and detained only for his opinions .
. . [and] the deprivation of the liberty of Father Thaddeus Nguyen Van
Ly is arbitrary, as being in contravention of Article 19 of the
Universal Declaration of Human Rights and of Article 19 of the
International Covenant on Civil and Political Rights'';
Whereas Father Ly has been deprived of his basic human rights by being denied
his ability to exercise freedom of opinion and expression;
Whereas the arbitrary imprisonment and the violation of the human rights of
citizens of Vietnam are sources of continuing, grave concern to
Congress;
Whereas continuing concerns regarding human rights in Vietnam were recently
highlighted by large demonstrations in the Central Highlands on April 10
and 11, 2004, in which thousands of Montagnards gathered on Easter
weekend to protest their treatment by the Government of Vietnam,
including the confiscation of tribal lands and ongoing restrictions on
religious activities; and
Whereas although the Government of Vietnam has attempted to control information
about the April 2004 protests and access to the Central Highlands,
reputable human rights organizations have reported that the protests
were met with a violent response and that many demonstrators were
arrested, injured, or are in hiding, and that others were killed: Now,
therefore, be it
Resolved by the House of Representatives (the Senate concurring),
That--
(1) Congress--
(A) condemns and deplores the arbitrary detention
of Father Thaddeus Nguyen Van Ly by the Government of
the Socialist Republic of Vietnam and calls for his
immediate and unconditional release;
(B) condemns and deplores the violations of freedom
of speech, religion, movement, association, and the
lack of due process afforded to individuals in Vietnam;
(C) strongly urges the Government of Vietnam to
consider the implications of its actions for the
broader relationship between the United States and the
Socialist Republic of Vietnam, including the impact on
trade relations;
(D) urges the Government of Vietnam to allow
unfettered access to the Central Highlands by foreign
diplomats, the international press, and nongovernmental
organizations; and
(E) condemns the extent of the violence used
against Montagnard protesters on April 10 and 11, 2004,
and the use of any violence against peaceful protests
and demonstrations; and
(2) it is the sense of Congress that the United States--
(A) should make the immediate release of Father Ly
a top concern;
(B) should continue to urge the Government of
Vietnam to comply with internationally recognized
standards for basic freedoms and human rights;
(C) should make it clear to the Government of
Vietnam that the detention of Father Ly and other
persons and the infliction of human rights violations
on these individuals are not in the interest of Vietnam
because they create obstacles to improved bilateral
relations and cooperation with the United States; and
(D) should reiterate the deep concern of the United
States regarding the continued imprisonment of Father
Ly, and other persons whose human rights are being
violated, and discuss their legal status and immediate
humanitarian needs with the Government of Vietnam.
Passed the House of Representatives May 12, 2004.
Attest:
JEFF TRANDAHL,
Clerk.