Vietnam Human Rights Act

I 116TH CONGRESS 1ST SESSION H. R. 1383 To advance United States national interests by prioritizing the protection of internationally recognized human rights and development of the rule of law in relations between the United States and Vietnam, and for other purposes. IN THE HOUSE OF REPRESENTATIVES FEBRUARY 26, 2019 Mr. SMITH of New Jersey (for himself, Ms. LOFGREN, and Mr. LOWENTHAL) introduced the following bill; which was referred to the Committee on Foreign Affairs A BILL To advance United States national interests by prioritizing the protection of internationally recognized human rights and development of the rule of law in relations between the United States and Vietnam, and for other purposes. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 (a) SHORT TITLE.—This Act may be cited as the 4 ‘‘Vietnam Human Rights Act’’. 5 (b) TABLE OF CONTENTS.—The table of contents for 6 this Act is as follows: 7 VerDate Sep 11 2014 00:26 Mar 12, 2019 Jkt 089200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H1383.IH H1383 lotter on DSKBCFDHB2PROD with BILLS 2 •HR 1383 IH Sec. 1. Short title. Sec. 2. Statement of policy. Sec. 3. Release of political and religious prisoners in Vietnam. Sec. 4. Application of Global Magnitsky Human Rights Accountability Act. Sec. 5. International religious freedom. Sec. 6. Internet freedom. Sec. 7. Annual country reports on human rights practices. Sec. 8. United States assistance to support counting of women and girls in Vietnam. Sec. 9. Illegal expropriation of properties of United States citizens by the Gov- ernment of Vietnam. Sec. 10. Prioritize ethnic minority development in Vietnam. Sec. 11. United States public diplomacy. Sec. 12. Sense of Congress on sales of lethal military equipment or services to the Government of Vietnam. Sec. 13. Annual reports on United States-Vietnam human rights dialogue meet- ings. Sec. 14. Restrictions on nonhumanitarian assistance to the Government of Viet- nam. SEC. 2. STATEMENT OF POLICY. 1 (a) STATEMENT OF POLICY.—It is the policy of the 2 United States to— 3 (1) support a strong, prosperous, and inde- 4 pendent Vietnam that promotes and protects human 5 rights, embraces fully the rule of law, and allows an 6 open space for civil society, media, and independent 7 religious institutions and labor unions; 8 (2) strengthen the bilateral relationship with 9 Vietnam while recognizing that continued progress 10 and the success of the United States-Vietnam stra- 11 tegic partnership will depend on the Government of 12 Vietnam’s commitment to abide by its international 13 commitments, adhere to universal standards, and 14 protect the fundamental human rights of the Viet- 15 namese people; 16 VerDate Sep 11 2014 00:26 Mar 12, 2019 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H1383.IH H1383 lotter on DSKBCFDHB2PROD with BILLS 3 •HR 1383 IH (3) hold an annual results-based dialogue fo- 1 cused on human rights issues with senior officials of 2 the Government of Vietnam, informed by prior con- 3 sultation with the Vietnamese-American community, 4 human rights groups, and other experts and non- 5 governmental organizations about issues of concern; 6 (4) embed human rights concerns across the 7 full spectrum of official interactions between the 8 Government of the United States and the Govern- 9 ment of Vietnam, including in all aspects of the 10 United States-Vietnam Comprehensive Partnership, 11 recognizing the relevance of human rights improve- 12 ments in Vietnam for United States national inter- 13 ests and the relevance of a ‘‘whole of government’’ 14 approach to human rights promotion that views con- 15 crete improvements as key parts of an ongoing dis- 16 cussions on trade, security, humanitarian coopera- 17 tion, and economic development; 18 (5) assess Vietnam’s progress toward respecting 19 the basic rights of workers, as described in each re- 20 port required by section 702 of the Foreign Rela- 21 tions Authorization Act, Fiscal Year 2003 (Public 22 Law 107–228; 22 U.S.C. 2151n note) and in light 23 of the commitments specified in the United States- 24 Vietnam Plan for Enhancement of Trade and Labor 25 VerDate Sep 11 2014 00:26 Mar 12, 2019 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H1383.IH H1383 lotter on DSKBCFDHB2PROD with BILLS 4 •HR 1383 IH Relations, notwithstanding the fact that the Trans 1 Pacific Partnership did not go into effect; 2 (6) press for ratification of ILO Conventions 3 No. 87 (Freedom of Association and Protection of 4 the Right to Organize) and No. 98 (Right to Orga- 5 nize and Collective Bargaining) and the recognition 6 of independent labor unions; 7 (7) evaluate future trade negotiations with the 8 Government of Vietnam in accordance with the cri- 9 teria set forth for country eligibility under sub- 10 sections (b)(2) and (c) of section 502 of the Trade 11 Act of 1974 (19 U.S.C. 2462), relating to the Gen- 12 eralized System of Preferences, and in accordance 13 with the provisions of the Bipartisan Congressional 14 Trade Priorities and Accountability Act of 2015 15 (title I of Public Law 114–26; 19 U.S.C. 4201 et 16 seq.); 17 (8) assess whether there are any foreign per- 18 sons working directly or indirectly for the Govern- 19 ment of Vietnam who, based on credible evidence— 20 (A) are responsible for extrajudicial 21 killings, torture, enforced disappearances, or 22 prolonged detention without trial against indi- 23 viduals in Vietnam who seek— 24 VerDate Sep 11 2014 00:26 Mar 12, 2019 Jkt 089200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H1383.IH H1383 lotter on DSKBCFDHB2PROD with BILLS 5 •HR 1383 IH (i) to expose illegal activity carried 1 out by government officials; or 2 (ii) to obtain, exercise, defend, or pro- 3 mote internationally recognized human 4 rights and freedoms, such as the freedoms 5 of religion, expression, association, and as- 6 sembly, and the rights to a fair trial and 7 democratic elections; 8 (B) acted as agents of or on behalf of a 9 foreign person in a matter relating to an activ- 10 ity described in subparagraph (A); 11 (C) are government officials, or senior as- 12 sociates of any such official, who are respon- 13 sible for, or complicit in, ordering, controlling, 14 or otherwise directing, acts of significant cor- 15 ruption, including the expropriation of private 16 or public assets for personal gain, corruption 17 related to government contracts or the extrac- 18 tion of natural resources, bribery, or the facili- 19 tation or transfer of the proceeds of corruption 20 to foreign jurisdictions; or 21 (D) have materially assisted, sponsored, or 22 provided financial, material, or technological 23 support for, or goods or services in support of, 24 an activity described in subparagraph (C). 25 VerDate Sep 11 2014 00:26 Mar 12, 2019 Jkt 089200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H1383.IH H1383 lotter on DSKBCFDHB2PROD with BILLS 6 •HR 1383 IH SEC. 3. RELEASE OF POLITICAL AND RELIGIOUS PRIS- 1 ONERS IN VIETNAM. 2 (a) FINDINGS.—Congress finds the following: 3 (1) Since January 2017 at least 35 human 4 rights activists and bloggers have been arrested in 5 Vietnam. Nineteen of these individuals have already 6 been convicted and sentenced to jail terms and the 7 other 16 individuals have been formally charged and 8 placed in pre-trial detention. These individuals have 9 been sentenced to an estimated 1,000 years of im- 10 prisonment to be followed by 204 years under house 11 arrest. 12 (2) There are over 100 Vietnamese currently 13 detained or imprisoned for political or religious rea- 14 sons. Prisoners include human rights defenders, 15 bloggers, lawyers, religious leaders, trade unionists, 16 land rights activists, political dissidents, environ- 17 mental campaigners, and others arrested for exer- 18 cising their internationally guaranteed rights, such 19 as the right to freedom of expression, to promote 20 and protect the rights of others. 21 (3) There are also a significant number of reli- 22 gious prisoners affiliated with independent religious 23 communities, including some who have actively en- 24 gaged in the promotion and protection of freedom of 25 religion and others who have been detained simply 26 VerDate Sep 11 2014 00:26 Mar 12, 2019 Jkt 089200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H1383.IH H1383 lotter on DSKBCFDHB2PROD with BILLS 7 •HR 1383 IH for professing or practicing their faith outside gov- 1 ernment approved limits. 2 (4) The charges most commonly used against 3 political and religious prisoners include charges 4 under— 5 (A) Article 79 (relating to carrying out ac- 6 tivities aimed at overthrowing the people’s ad- 7 ministration); 8 (B) Article 87 (relating to undermining 9 national unity policy); 10 (C) Article 88 (relating to conducting 11 propaganda against the Government of Viet- 12 nam); 13 (D) Article 89 (relating to disrupting secu- 14 rity); 15 (E) Article 245 (relating to causing public 16 disorder); 17 (F) Article 247 (relating to performing su- 18 perstitious practices); 19 (G) Article 257 (relating to resisting per- 20 sons in the performance of their official duties); 21 and 22 (H) Article 258 (relating to abusing demo- 23 cratic freedoms to infringe upon the interests of 24 the state). 25 VerDate Sep 11 2014 00:26 Mar 12, 2019 Jkt 089200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H1383.IH H1383 lotter on DSKBCFDHB2PROD with BILLS 8 •HR 1383 IH (5) In 2013, the Prime Minister of Vietnam 1 issued Decree 72 to further restrict internet freedom 2 in Vietnam. 3 (b) REPEAL OF CERTAIN LAWS AND ADMINISTRA- 4 TIVE DECREES.—The Secretary of State, in discussions 5 with the Government of Vietnam, should— 6 (1) urge the Government of Vietnam to repeal 7 laws and administrative decrees restricting freedom 8 of expression, association, and peaceful assembly in 9 Vietnam, including laws relating to ‘‘propaganda 10 against the state’’ and ‘‘taking advantage of demo- 11 cratic freedoms to injure the national unity’’; 12 (2) urge the Government of Vietnam to repeal 13 articles 109, 116, 117, 118, and 331 of the Penal 14 Code and bring its penal code in conformity with the 15 International Covenant on Civil and Political Rights 16 (ICCPR); 17 (3) urge the Government of Vietnam to revise 18 the Law on Cyber Security and bring it into compli- 19 ance with international human rights standards; and 20 (4) urge the Government of Vietnam— 21 (A) to stop arresting prodemocracy 22 bloggers and other individuals who use the 23 internet to criticize the government; and 24 VerDate Sep 11 2014 00:26 Mar 12, 2019 Jkt 089200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H1383.IH H1383 lotter on DSKBCFDHB2PROD with BILLS 9 •HR 1383 IH (B) to release those prodemocracy bloggers 1 who are imprisoned. 2 (c) RELEASE OF POLITICAL AND RELIGIOUS PRIS- 3 ONERS.—The Secretary of State, in discussions with the 4 Government of Vietnam, should seek, as a critical condi- 5 tion of stronger United States-Vietnam relations, the im- 6 mediate and unconditional release all political and reli- 7 gious prisoners, including Dao Quang Thuc, Tran Thi 8 Xuan, Nguyen Van Tuc, Nguyen Bac Truyen, Pham Van 9 Troi, Pastor Nguyen Trung Ton, Truong Minh Duc, 10 Nguyen Trung Truc, and the Most Venerable Thich 11 Quang Do. 12 SEC. 4. APPLICATION OF GLOBAL MAGNITSKY HUMAN 13 RIGHTS ACCOUNTABILITY ACT. 14 Officials of the Government of Vietnam who are re- 15 sponsible for or complicit in torture, extrajudicial killings, 16 the arbitrary detention of political and religious prisoners, 17 or other gross violations of internationally recognized 18 human rights should be, as warranted, sanctioned con- 19 sistent with section 1263 of the Global Magnitsky Human 20 Rights Accountability Act (subtitle F of division A of title 21 XII of the National Defense Authorization Act for Fiscal 22 Year 2017 (Public Law 114–328; 22 U.S.C. 2656 note)). 23 SEC. 5. INTERNATIONAL RELIGIOUS FREEDOM. 24 (a) FINDINGS.—Congress finds the following: 25 VerDate Sep 11 2014 00:26 Mar 12, 2019 Jkt 089200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H1383.IH H1383 lotter on DSKBCFDHB2PROD with BILLS 10 •HR 1383 IH (1) The promotion and protection of the univer- 1 sally recognized right to the freedom of religion is a 2 priority of United States foreign policy as stated in 3 section 402 of the International Religious Freedom 4 Act of 1998 (22 U.S.C. 6442) and the Bipartisan 5 Congressional Trade Priorities and Accountability 6 Act of 2015 (title I of Public Law 114–26; 19 7 U.S.C. 4201 et seq.) which requires the Administra- 8 tion to take religious freedom into account when ne- 9 gotiating trade agreements. 10 (2) Countries that protect religious freedom are 11 more prosperous, stable, peaceful and democratic. 12 Thus, the severe restrictions faced by religious 13 groups in Vietnam, such as members of the United 14 Buddhist Church of Vietnam (UBCV), Catholics, 15 and independent Hoa Hao Buddhists, Cao Dai, and 16 Protestants groups, are detrimental to the interests 17 of both the United States and Vietnam. 18 (3) Since 2016, the Government of Vietnam has 19 reportedly stepped up its efforts to force 20 Montagnard and Hmong Christians to renounce 21 their faith, expropriate lands and other real prop- 22 erties belonging to independent religious commu- 23 nities, destroy Hoa Hao Buddhist and Cao Dai 24 houses of worship, and arrest and detain religious 25 VerDate Sep 11 2014 00:26 Mar 12, 2019 Jkt 089200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H1383.IH H1383 lotter on DSKBCFDHB2PROD with BILLS 11 •HR 1383 IH leaders. Religious leaders and advocates of religious 1 freedom remain in prison. 2 (b) STATEMENT OF POLICY.—Since the protection of 3 religious freedom is vital to peace, stability, and pros- 4 perity, and countries with the highest levels of restrictions 5 on religious freedom are often those countries seeking to 6 undermine United States national interests, it is the policy 7 of the United States to— 8 (1) prioritize religious freedom in bilateral rela- 9 tions, including with the Government of Vietnam, by 10 fully implementing the provisions of the Frank R. 11 Wolf International Religious Freedom Act (Public 12 Law 114–281); and 13 (2) strategically employ sanctions and other 14 tools under the International Religious Freedom Act 15 of 1998 (22 U.S.C. 6401 et seq.). 16 (c) SENSE OF CONGRESS.—It is the sense of Con- 17 gress that— 18 (1) Vietnam should be designated as a country 19 of particular concern for religious freedom under 20 section 402(b) of the International Religious Free- 21 dom Act of 1998 (22 U.S.C. 6442(b)) because there 22 are a significant nu [Text truncated for display. 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