House debates

Monday, 28 May 2012

Private Members' Business

Human Rights: Vietnam

8:00 pm

Photo of Chris HayesChris Hayes (Fowler, Australian Labor Party) Share this | Hansard source

I move:

That this House:

(1) notes that:

(a) there are increasing reports of gross human rights violations in the Socialist Republic of Vietnam (SRV) including evidence of continued house detention and imprisonment of notable human rights activists including, the Nobel Peace Prize nominee the Most Venerable Thich Quang Do, Patriarch of the Unified Buddhist Church of Vietnam, Reverend Nguyen Van Ly from the Vietnamese Catholic Church, Dr Nguyen Dan Que, Jurist Dr Cu Huy Ha Vu and the latest jailing without trial of Vo Minh Tri known as Viet Khang, a popular young peace songwriter; and

(b) since 2002, Australia and the SRV have had eight rounds of dialogue on human rights with no apparent results; and

(2) calls on the Australian Government to:

(a) establish and supervise a Vietnam Human Rights Dialogue group that would involve Members of Parliament and Senators, as well as the wider community;

(b) consider the issues of human rights in the SRV when allocating funding under Australia's overseas development aid program; and

(c) encourage a more ‘whole of government’ approach on bilateral and multilateral bases with the SRV, particularly where the issue of human rights is concerned.

As the member for Fowler I have often raised issues and concerns about the human rights situation in Vietnam. My stance on the human rights issues has been clear: I believe in a world where people's fundamental human rights are respected, and I have always shown great admiration for those who are brave enough to stand up for human rights.

Over the past eighteen months, since becoming the member for Fowler, I have often been approached by the Vietnamese community and asked to voice to this parliament their concerns about human rights. The major concern affecting almost one-quarter of my electorate is human rights in Vietnam. I have seen it as an honour and a privilege to represent them in this federal parliament on such an important issue.

Today I am joined by representatives of the Vietnamese Community in Australia management committee, by the Vietnamese media, by a number of Vietnamese organisations and by a number of other people who have also taken the decision to come to Canberra and attend this debate. I thank them for doing so.

I move this motion because I am concerned at the increasing reports of gross human rights violations in Vietnam. Although the Vietnamese government signed the International Covenant on Civil and Political Rights in 1982, there appears to have been little progress in the human rights situation in Vietnam. From many reports that I have received, the human rights situation has actually worsened.

Last Thursday, 24 May, Human Rights Watch said that four Catholic activists who were caught distributing pro-democracy leaflets were tried in the People's Court of Nghe An under article 88 of the Vietnamese Constitution, which deals with terrorism and propagations against the state.

In 2011, Vietnamese courts used this same provision to convict at least 10 bloggers and activists, including the legal advocate, Dr Cu Huy Ha Vu—whose son, Cu Huy Xuan Hiev, is in the gallery tonight—for expressing their views,. Also convicted were bloggers Vi Duc Hoi, Lu Van Bay, Ho Thi Bich Khuonq and Nguyen Ba Dang.

In March 2012, the People's Court of Nghe An convicted two other Catholic activists, Vo Thi Thu Thuy and Nguyen Van Thanh, under article 88. At least another 12 Catholic bloggers and activists, including the prominent bloggers Ta Phong Tan and Le Van Son, are at the moment in detention pending investigation and trial.

In April, Dr Nguyen Quoc Quan—a resident of California, no less—was also detained upon arriving at Tan Son Nhat International Airport in Saigon and charged under article 84 with 'terrorism'. Dr Nguyen is a long-time democracy activist and a member of Viet Tan.

Rightly we call Vietnam our South-East Asian neighbour and a most valued trading partner, but I for one am appalled at the number of people currently incarcerated in Vietnam for exercising their fundamental human rights. I refer to people whose only crime is to support political groups not recognised by the state or to criticise government policy or to call for democracy itself—hardly a crime, according to our way of life.

It is very concerning that since 2002 Australia has held nine rounds of dialogue with Vietnam on human rights with no apparent result. As a trading partner and a significant aid donor, Australia has both a moral and a legal right to require Vietnam to abide by its international legal obligations. We do not need to chronicle the human rights abuses; what we need is to see genuine progress. We need to see positive outcomes through our relationship with Vietnam. At the very minimum, Australia, along with the international community, should require that the undertakings so freely given by the Vietnamese government in signing the International Covenant on Civil and Political Rights and the Universal Declaration of Human Rights, simply be honoured.

In moving this motion, I call on the Australian government to review the current Human Rights Dialogue with Vietnam with a view to involving members of parliament and senators—not to carve out a specific role for parliamentarians but to ensure that there are positive outcomes that can be reported back to this parliament.

I am in the fortunate position of having being made aware of human rights abuses by the management committee of Vietnamese Community in Australia, by Colonel Vo Dai Ton, by Father Paul Van Chi and Father Francis, by Vietnam Sydney Radio, as well as by Viet Tan. These abuses are not made up; they concern real people—and very much so. As I indicated before, the son of one of the detainees is here tonight. These people and organisations have shown much passion for and commitment to improving the human rights situation in Vietnam. I would welcome their constructive input in future Australian-Vietnamese human rights dialogues.

I firmly believe that the government should consider the issue of human rights in the Socialist Republic of Vietnam when allocating funds under Australia's overseas development aid program. I believe that the government should encourage a whole-of-government approach on a bilateral and multilateral basis when dealing with Vietnam, particularly when there are concerns about human rights. I have always had a great respect and admiration for those who fight for and defend human rights. As the member for Fowler, I have been fortunate to have formed close friendships with some of these heroic men and women. Tonight I would like to mention two of them who have had a particular impact on me: Colonel Vo Dai Ton and Dr Tien Nguyen. Both of them were in the South Vietnamese Army, both of them endured the effects of their terms in re-education camps and both of them are making significant contributions now, in a positive way, to this country. They have contributed immensely in the field of human rights itself and also to the wider Australian community.

I would also like to acknowledge the contributions of Father Ly, who has spent a total of 15 years in prison since 1977 for his campaign for religious freedom, democracy and human rights. According to Human Rights Watch, Father Ly was sent back to prison at the end of July 2011 and sentenced to a further five years prison followed by five years of probation. There are great concerns for Father Ly's health, as he suffered three strokes whilst in solitary confinement in prison in 2009 and also has a brain tumour. I have had the opportunity to speak to Father Ly in the past through the assistance of Vietnam Sydney Radio and I greatly admire his dedication to human rights. He is a genuine Vietnamese patriot.

In March this year I paid tribute to the families of human rights defenders—the husbands, the wives, the mothers, the fathers and the children of these brave men and women who remain incredibly affected not only because of the denial of their human rights but also because they have been let down by a legal system which fails to honour fairness and equity for those who speak out. Whilst it is important to acknowledge human rights defenders, it is equally important to acknowledge their families and the hardships they endure in supporting their loved ones.

The Vietnamese people are some of the most courageous, capable and generous people I have ever met. Three decades ago they showed immense courage in leaving their home in search of a better life for their families. Those who have settled in Australia have shown great capacity in what they have been able to achieve. Vietnamese people have also shown great generosity, contributing widely to the Australian community—not just sharing with us their food and cultural festivities but also being proactive when it comes to helping fellow Australians in need. For example, the fundraising efforts that followed the devastation of the Queensland floods demonstrated the extent of the generosity of the Vietnamese community.

A good friend of mine, Dr Vinh Binh Lieu, told me of an old Vietnamese saying which loosely translates as 'when you eat the fruit of the tree, have regard to those who planted the seed'. He told me that, over the past 37 years, Australia has provided protection and support to so many Vietnamese families when they were vulnerable and in need. Now, seeing fellow Australians in difficulty, they see it as their responsibility as a community to give back. Together the Vietnamese community of south-west Sydney raised more than $450,000 for the Queensland Flood Appeal. Clearly the generosity and compassion of the Vietnamese community is extraordinary. Their commitment to this country is extraordinary.

I believe the big challenge for the Vietnamese government is to look at its people as the most valuable asset and resource it has. To date, it would appear that the Vietnamese government has had neither the faith nor the courage to do so. This brings me back to my motion. By overseeing a Vietnamese human rights dialogue involving members of parliament, senators and the wider community we can more regularly and appropriately discuss human rights issues in Vietnam. I believe that there should be more opportunities for community groups such as the VCA to raise human rights concerns directly with the Australian government. Further, by addressing human rights issues when allocating funding under Australia's overseas development aid program, we are emphasising the importance of human rights to the Australian government, which is also why we should be pressing the Vietnamese regime to honour international commitments they have freely entered into.

As a democratic country we have the freedom to express our views, criticise our governments and practise our religions. Despite whatever differences we may have in this place, the recognition of an individual's rights is what unites us. Australia has taken a leading role within our region in pursuing human rights and we should be proud of that. We have taken a leading role in developing trade in neighbouring countries such as Vietnam. Again, that is something we should be proud of.

In doing so, we need to go further. More than simply mouthing the words, we should be requiring those countries that sign the International Convention on Civil and Political Rights to not only honour the convention for trade purposes but honour each and every one of its articles, particularly those that apply to people and their freedoms. I speak not to be destructive—I recognise that the war devastated Vietnam enough—but out of compassion. As I have regularly said, Vietnam has great potential to achieve much in the modern world. However, to achieve this and to achieve proper international recognition, the first step is to show a genuine respect for the fundamental human rights of its own people.

I thank the Vietnamese Community in Australia and their community leaders. I thank Federal President Phong Nguyen, New South Wales President Thanh Nguyen, ACT President Cong Le and the rest of their committee. I also thank Father Francis, Father Paul Van Chi, Viet Tan, Vietnam Sydney Radio, Colonel Vo Dai Ton and the many constituents who have raised these issues directly with me and requested their attention in the parliament. The love that Vietnamese Australians have for their traditional homeland, and their desire for a brighter future for Vietnam, is truly inspiring. I look forward to a future for Vietnam in which the fundamental human rights of its people are both honoured and respected. I commend the motion to the House.

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