Chris Hayes (Fowler, Australian Labor Party) Share this | Link to this | Hansard source

As International Human Rights Day falls next week, it is appropriate for us to think about the many thousands of innocent people that are being harassed, abused and imprisoned for seeking to exercise nothing other than their basic human rights. Given my particular interest, I would particularly like to reflect on developments occurring currently in Vietnam.

Far too often do we see journalists, cyber activists, lawyers, religious leaders and human rights defenders fall victim to Vietnam's repressive measures and partial judicial system. Many cases heard through the courts appear to be politically influenced, often involving a cursory examination of evidence and allowing for little or, in some cases, no defence at all. While there has been a general expectation that Vietnam would take appropriate steps to improve its human rights record since its election to a seat on the UN Human Rights Council last year, little appears to have changed. In fact, many consider the situation is worsening.

As of May this year, it is reported that Vietnam is holding more than 200 political prisoners in custody, with hundreds more under house arrest. These prisoners of conscience have committed no crimes other than standing up for what they believe. However, the Vietnamese government has responded by prosecuting activists with such trumped up changes as: 'attempting to overthrow the government', 'disrupting national security' and 'conducting propaganda against the state'.

These include activists like Mr Dang Xuan Dieu, an engineer and community worker, who was sentenced to 13 years imprisonment with a further five years under house arrest in 2013. He was convicted of 'attempting to overthrow the government', under article 79 of the Vietnamese Penal Code, for his affiliation with the Catholic Church and his advocacy for freedom of religion. Similarly, Mr Ngo Hoa and Mr Phan Van Thu were also convicted under this article, with an additional charge of subversion early last year. Mr Ngo was sentenced to 15 years imprisonment for his blog posts in support of imprisoned activists, while Mr Phan was sentenced to life imprisonment for his suspected connection with an organisation called the Council for the Laws and Public Affairs of Bia Son.

Generally, penalties ranging from 10 years to life imprisonment would only arise in the west for capital offences, such as murder. Clearly, Mr Dang, Mr Ngo and Mr Phan have committed nothing of the like. These activists are amongst hundreds of others who have fallen victims to Vietnam's harsh laws and tainted judicial system.

I recently meet with Elaine Pearson, Director of Human Rights Watch in Australia, who raised with me the alarming rate of police brutality occurring throughout Vietnam. She informs me that, from 2011 to the present, there have been 22 reported cases of severe beatings of people in custody and, tragically, another 28 cases where deaths have resulted directly from police brutality. Amongst them, Mr Dinh Dang Dinh, Mr Nguyen Huu Thau and Mr Huynh Nghia died earlier this year. Their families have not been offered any explanation from the authorities. These incidences are deplorable, especially for a country that is a signatory to the UN Convention against Torture and Other Cruel,    Inhuman or Degrading Treatment or Punishment.

Last month, I had the opportunity to speak with a number of religious leaders in Vietnam, including Father Phan Van Loi from the Roman Catholic Church, Venerable Thich Khong Tanh from Lien Tri Pagoda, Pastor Nguyen Van Hung from the Protestant Church, Mr Le Quang Liem from the Hoa Hao temple and Mr Hua Pho from the Cao Dai Pagoda. Interestingly, the Vietnamese constitution actually provides that 'all citizens shall enjoy freedom of belief and religion' and that 'all religions are equal before the law'. However, in practice it is anything but that. Religious activity in the country is closely monitored by the government, and significant restrictions are placed on religious organisations, particularly those that have not been sanctioned by the state. The Lien Tri Pagoda has been the latest target of the government's campaign to suppress freedom of religion. This pagoda was issued with a notice on 18 August to close their premises to make way for the government's plan for a lucrative commercial development. The Lien Tri Pagoda has been in existence for more than half a century, and it is a place of hope and worship for the monks and members of the Buddhist faith. Given that Vietnam signed onto the International Covenant on Civil and Political Rights in 1982, we have every right to expect that Vietnam will honour its obligations as part of the international community.

This brings me to the current discussions taking place about the Trans-Pacific Partnership. I know that there are mixed views in the community regarding Vietnam's ambition to be part of this agreement. Given Vietnam's track record, I understand it is hard not to be critical of Vietnam's interest in this matter. Since 1980, Vietnam has been transitioning from a centrally planned economy to a market-based economy. Access to the US markets has been very important and a priority for Vietnam. Understandably, Vietnam also holds real ambitions that the TPP will provide for greater trade liberalisation throughout the Asia-Pacific region, and that it will open up significant trading opportunities into the future. However, given the current restrictions on labour rights in Vietnam, this is a critical issue that needs to be addressed throughout the current TPP negotiations.

In Vietnam, workers are not entitled to join a free trade union. They can only organise through unions which are subject to the control of the Communist Party. Workers who have attempted to organise outside the government-sanctioned structure have been prosecuted and jailed. This is precisely what occurred in the case of Mr Do Thi Minh Hanh, Mr Doan Huy Chuong and Mr Nguyen Hoang Quoc Hung, who were sentenced to between seven and nine years of imprisonment for helping low-paid workers in a particular industrial dispute. The issue of appropriate and enforceable labour laws is essential; laws must be not only made but also enforceable, and that should obviously be a condition of the TPP.

I genuinely believe that Vietnam has an extraordinary potential to play a significant role in world affairs and in a greater involvement in the UN, while advancing its own economic development through enhanced trade opportunities. However, Vietnam's ambition in this regard will depend on its genuine efforts to implement the necessary reforms to improve its labour rights record, in order to meet its international obligations. Specifically, if Vietnam wants to access the TPP, it must stop its suppression of non-government-controlled trade unions, and ensure enforceable labour laws covering the rights of organised labour, while safeguarding working conditions and protecting workers' rights. Unless real and tangible progress is made in these areas, we have every right to be wary of Vietnam's intention to comply with the requirements of the TPP. As I have said, Vietnam has great potential; however, its realisation is being hampered by the country's poor human rights record. From my perspective, Vietnam is now at a tipping point. It can either continue along its dubious course, or it can move to redefine its future and proudly stand with members of the international community, recognising the human rights and the dignity of its people.

Nevertheless, on this international Human Rights Day we should reaffirm the view that no-one deserves to be deprived of their basic human rights, and we should remember that it is our responsibility to be the voice of those who are not being heard.