EN Official Journal of the European Union CE 88/10

(2004/C 88 E/0010)

WRITTEN QUESTION P-0325/03

by Marco Pannella (NI) to the Commission

(5 February 2003)

Subject: Increasing violations of fundamental human rights of Montagnard population in the Vietnamese highlands

On 18 December Amnesty International published a report entitled ‘Socialist Republic of Vietnam/Kingdom of Cambodia: No sanctuary: The plight of the Montagnard minority’. On 23 January 2003 Human Rights Watch published a briefing paper entitled ‘New Assault on Rights in Vietnam's Central Highlands — Crackdown on Indigenous Montagnards Intensifies’.

Over the past few weeks, the following people have been arrested, without explanation:

— on 21 December, Y-Cun Hdok, born in 1966, and H'Lem Nie, born in 1968, and on 23 December Y-Dhiam Buon Krong and Y-Nol Adrong, from the village of Buon Cue;

— on 24 December, Y-Blon Hdok, born in 1964, from Buon Kla, and Y-Trao Buon Ya, born in 1969, from the village of Buon Buor;

— on 11 January, Rac and Hom, from the village of Plei Klan;

— on 12 January, Hing in Plei Ko and Hnit, from the village of Plei Mor;

— on 24 January, Y-Groh Adrong, born in 1960, and on 26 January, Y-Dham Buon Ya, born in 1960, from the village of Buon Hdok.

Vietnam has not complied with the requests made by the UN Committee on Human Rights on 27 July 2002.

The Commission:

— in its response to previous questions denouncing specific cases, it has always stated that it was not in a position to obtain reliable confirmation of the facts and has undertaken to investigate such matters through all available channels;

— in its answer to Question E-2845/02 (1) it wrote that respect for human rights and democratic principles is the basis of the cooperation agreement signed by the EU and Vietnam in 1995.

Among the available channels to which the Commission refers, has it questioned — or does it intend to question — the Vietnamese government authorities, with whom it has regular contacts by virtue of the cooperation agreement, about the specific cases which have been denounced?

Does the fact that the cooperation agreement has not been denounced mean that the Commission considers Vietnam to be a country which respects human rights and democratic principles? What type of incident would lead it to denounce the cooperation agreement?

Answer given by Mr Patten on behalf of the Commission

(26 February 2003)

The reference to the respect for human rights and democratic principles of Article 1 of the Community-Vietnam Co-operation Agreement constitutes the enabling framework for the Human Rights dialogue of the Commission with the Government of Vietnam. The Commission's policy towards Vietnam is to encourage and support continued progress on human rights and democratisation, and to raise concerns where abuses occur or were a deterioration in the situation becomes evident. The Commission works closely with the Member States in the framework of regular meetings of the Union's ‘Politics and Human Rights Group’ and takes part in Troika meetings with the Vietnamese Government as well as in ad-hoc missions and through joint Union statements. In this context, concrete cases of Persons of Concern are also addressed.

The Commission and Member States have repeatedly urged the Government of Vietnam to strengthen its respect for political and religious freedoms, as well as further strengthen economic and social freedoms. They again expressed this request recently in their joint declaration at the Consultative Group meeting in Hanoi in December 2002.

The Vietnamese Constitution guarantees freedom of belief and religion. Vietnam's Government officially recognises six religions — one Buddhist organisation, the Central Buddhist Church of Vietnam, the Catholic Church, two Protestant church organisations, Islam, Hoa Hao Buddhism and Cao-Daism. Article 70 of the Vietnamese Constitution, however, also states that ‘it is forbidden to violate freedom of belief, or religion, or to take advantage of it to act against the law or the policies of the State’. As the Government of Vietnam still sees religious movements as a potential element of opposition and disunity, this provision is frequently invoked to justify the many controls, limitations, prohibitions and sanctions that restrict freedom in this field.

Reports of systematic harassment of Christians in Vietnam (especially against the Montagnard Christians and Hmong Christians) are common and have increased since the uprising in the Central Highlands in February 2001. Several reports point to the repeated practice by the security forces of forcing highlanders to renounce their Christian faith and mention accidental deaths or beatings under police custody, although the authorities strongly deny this happening.

The access to the Central Highlands remains limited and a systematic first hand verification of reports remains impossible. Nonetheless, in 2002, two local Union-Troika missions to the Central Highlands took place with Commission participation, the latest in November 2002. Following the latest Troika mission to the Central Highlands the Commission, in close coordination with the Member States, has offered to the Government of Vietnam to support — in the framework of its co-operation programme — possible activities, involving ‘inter alia’ the ethnic minorities, to reduce poverty in the Central Highlands and thus to deal with some of the root causes of the problems in the area. At the end of January 2003 the Government of Vietnam agreed that an exploratory mission of the Commission should visit the area in the coming weeks.

The Commission and Member States will continue to closely monitor the human rights situation in Vietnam. A decision on appropriate action will be taken in due course.

(1) OJ C 192 E, 14.8.2003, p. 81.