Update on the situation of recent arrest prior and during APEC summit
Pictures:
Nguyen Tan Hoanh (top left), Tran thi Le Hang aka Tran thi Le Hong (top
right), Nguyen thi Tuyet (bottom left), Doan Huy Chuong (bottom right -
note: this is right picture of Mr. Doan Huy Chuong)
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On
14, 15 and 18 November 2006, the Ha Noi Government secret police
arrested, and continue to detain, several founders and member of the
United Workers-Farmers Organization (UWFO) of Viet Nam including:
- Nguyen Tan Hoanh, 22
years old, founder and representative of the United Workers-Farmers
Organization of Viet Nam (UWFO), was a worker at Seafood Import/Export
Company in Dien Ban, Quang Nam. Hoanh moved to Saigon, participated and became leader of several labor strikes. Arrested November 15, 2006 in Long Thanh, Dong Nai Province, currently detained at B5 Prison in Dong Nai
- Tran Thi Le Hang aka Nguyen (Tran) Thi Le Hong, 47 years old, founder
and representative of UWFO and farmer and worker by trade, Le Hong was
involved in several labor strikes before her arrest November 15, 2006 in Dong Nai province. Currently being detained at B5 Prison in Dong Nai province.
- Doan Huy Chuong aka Hoang Huy Chuong, 21 years old, worker in the Industry Zone in Bien Hoa 2, member of the UWFO. Chuong was arrested November 14, 2006 in Dong Nai province. Currently detained at B5 Prison in Dong Nai.
- Doan Van Dien, 52 years old and father of Doan Huy Chuong, a Mennonite who was previously detained on September 11, 2006 due to his religious activities, arrested November 15, 2006 resident of Dinh Quan and member of UWFO of Viet Nam.
- Le Van Sy, farmer and member of UWFO - arrested November 15, 2006 in Saigon, detention location unknown. Nguyen Thi Tuyet, worker and member of UWFO joined several labor strikes in Dong Nai. Arrested November 15, 2006 in Saigon, detention location unknown.
- Le Ba Triet, member of UWFO, resident of Sai Gon, arrested November 18, 2006 in Saigon. Currently detained in 4 Phan Dang Luu, Binh Thanh, Sai Gon.
- Nguyen Tuan, member of UWFO, resident of Sai Gon - arrested November 18, 2006 in Sai Gon. Currently detained in 4 Phan Dang Luu, Binh Thanh, Sai Gon.
We
have learned that the Ha Noi Government released Doan Trieu Hai (Hao),
16 years old, and Doan Trieu Kinh-Kha, 14 years old already several days after the arrest of their father Mr. Doan Van Dien had finally been confirmed. The
Ha Noi Government has continuously shown their disrespect as
international pressure continues its call for human rights concessions
that live up to the free world standard for Respect and Dignity. We,
the Peoples Democratic Party urgently call upon the members of US
Congress and Senators to hold off the granting of Permanent Normal
Trade Relations (PNTR) until human rights in Viet Nam is honored.
November 26, 2006
Do Thanh Cong
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Workers and Laborers,
Stand Up for Democracy in Vietnam!!!
Huynh Viet Lang *,
Peoples Democratic Party
(Translated by Thuy Tu)
There is nothing to be shameful for even if Democracy is to be established tomorrow in Vietnam. Democratic Fighters have been ardently fighting and firmly determined in their noble cause to democratize this country. Only reluctance and cowardly attitudes are deserving of blame!!
The due date for the Minimum Wage Decree 03, enacted on February 01, 2006, has elapsed; unfortunately many investors within Foreign Direct Investment (FDI) groups still hesitate to implement it. Although
the majority of them agreed to comply with the decree of Minimum Wage,
they eliminated all supplemental allowances such as lunch, good
attendance, and responsibility, etc. As a result, in Saigon metropolitan alone, there were 11 strikes within the first two weeks of February, 2006. While the number of strikes was slightly reduced compared to earlier months, the duration of the strikes were much longer. A five day strike occurred at Perfect VN and four days at Hue Phong Co., etc. In total, 10,890 workers were involved in the strikes1.
Not
accounting for the lack of strategic planning in economy, the Decree 03
indicates that abrupt increases in minimum wage do not necessarily
improve the labor conflicts.
1)
To investors, the sudden 40% increase of wages and salaries, instead of
incremental, forces them to deal with the unexpected growth (of 2% to
3%) of total business expenses2.
2) To workers, the Decree 03 of Minimum Wage only accounts for the inflation alone and does not reflect a true wage increase. The result is continued strikes that are not limited to Southern sites and will soon explode nationwide.
I. STRIKES AN ACTION OF WORKERS DETERMINATION
I.1 The Critical Shortage of Workforce.
Periodically, companies located within the Industrial and Export Processing Zones (EPZ) in South Vietnam face a shortage of the workforce, in particular after the Lunar New Year holiday. In 2006 alone, the shortage of workforce has become more critical. EPZ Tan Thuan is hiring 9,000 additional general workers on emergency basis. The other EPZs, Linh Trung, Tan Tao, Le Minh Xuan, are recruiting more than 3,000 laborers. While the newly recruited workers barely meet the demand, the companies have to deal with high turnover rates and attrition. Which are caused by the fierce job market Saigon and its vicinities, i.e. Binh Duong and Dong Nai.
In 2005, City of Dong Nai lost more than 20,000 workers. This year the demand of the Industrial Zones within the city has been increased to 46,000 workers. Due to a critical shortage in the workforce around the Lunar New Year, the production rate of companies has sharply decreased. Since January 2006, total production in the city of Dong Nai has decreased 7% from the previous months3. Binh
Duong city has illustrated a similar demand for labor in 2006;
unfortunately the hope to fulfill the workforce requirement is very
dim.
I.2 A Knockout to the Totalitarian Regime
The
friction between workers and employers is very violent, forming an
enormous wave which severely shocks the Vietnamese society. Before 2005, labor strikes were the ultimate weapon for workers in industrial disputes and exploitation. In 2006, strike became an action of the workers determination in fighting for their rights in the workplace. While
numerous communications between government and its controlled labor
unions failed to resolve the strike, it has become the sole
communication channel between workers and Vietnam (VN) government. The year 2006 will mark significant changes for Vietnam. Without democratic orientation, the changes will not be for the best, but for the worst.
The
VN authoritarian government has concentrated on funneling all national
resources into the race of economic growth; on the other hand it
ignored fundamental obstacles on the track. This conduct reflects the undeniable infancy in the Vietnamese economy. As
a result, the syndrome of confiscation of lands, the possible collapse
of national banking system, and the huge gap of income within the
social structure will become critical disasters for VN government. If
these disasters are not severe enough to knockout the government, in
the base case they will erode the bureaucratic structure and lead to
its unavoidable collapse in the near future.
Now let us turn to the current unjust social structure of VN. In
contrast to the extremely low living standards in which the majority of
Vietnamese citizens are suffering, is the extravagant world of the
government officials, VCP cadres, their families and associates. Thousands of luxury cars have been bought for personal use by government and VCP4. While
numerous strikes of workers occur across the nation to demand for basic
necessities and for working rights, the wasteful spending for their
luxurious life is absolutely immoral and unacceptable. The Vietnamese totalitarian government has destroyed the cohesiveness of Vietnamese social structure in record time. The social gap between the rich and the poor has been widened swiftly and continuously. It
took the U.S. more than 200 years for the ratio of incomes between
these two social classes to reach the level of 9.1; unfortunately it
took VN only 20 years since the reform to arrive at 8.15.
Without a doubt FDIs have played the most important role in the quickly rising GDP in recent years. FDIs will be ever more critical in the year 2006. In the past, Vietnam has failed to promote high-tech knowledge and skills among the workforce through economic reform. Instead,
the Vietnamese government has brutally built their industry upon the
sweat and tears of the workers as the only competitive advantage in the
global market. Instead of concentrating on
excelling in the legal and banking systems and providing an effective
infrastructure to attract foreign investments, the Vietnamese
government has blindly grasped cheap labor as the only token in their
strategic planning to lure foreign investors.
It is pitiful for Vietnamese workers and laborers. One day, when all sweat and tears are totally exhausted, they will have nothing left but their own bare bones.
I.3 The Confrontation for Workers Rights.
Dissimilar
to most developed nations in which the legal system is not influenced
or manipulated by government, politicians and mass media; the legal
system in Vietnam is full of weaknesses and intentionally disconnected
from the growth of the society. Strike is an unavoidable drama in such an unjust society.
Until now, workers and laborers have played minimal roles in VNs central command economic strategies. Neither
their poverty nor their depression, their unjust and poor working
conditions were seriously discussed during the sessions held at the
National Assembly. Worst of all, the government
betrayed its own citizens when promising a minimum wage increase that
is still far below the yearly inflation rate of 10%.
In regards to the legal system, the amending process of Labor Laws has been idle for years. Instead of reforming the VN constitution first (in which Private Property Rights are still not honored and Article 4 of the 1992 Constitution still guaranties VCP monopoly over political power)6 and then using its fundamental rights to amend the Labor Laws. VN lawmakers have been following a reversed procedure in announcing that the amendments of New Labor Laws will be based on the Right to Strike Act, as quoted by Nguyen Thi Hang, Minister of Labor, Veterans and Social Welfare. Without
fundamental knowledge of the legal system Vietnamese law makers have
been chasing their own tails, which equates to an illegitimate and
inapplicable legal system. Due to a lack of
understanding of basic relationships between critical elements which
truly govern the economical mechanism, the law makers (VN government
and VCP officials) have alternated between grasping power and
protecting workers benefits. Law makers are
torn between siding with the so-called populations benefits and
demanding working rights for individual workers in the industrial
disputes. Evidently, the VN government has underestimated the power and determination of workers, as well as ignored their basic demands. The
consequences of their ignorance were continued labor strikes through
May 2006, when the proposition was to be passed by the Congress. This proposition may deem labor conflicts and striking illegal under a circumscribed set of conditions.
Although
hindered by the adverse law making procedures, the proposal committee
of Labor Laws strongly opposes workers rights by ignoring the
International Labor Law, which has been honored worldwide.7 In
their report to government the committee proposed a revision of Act 80
of the existing Labor Law in order to regulate, instead of promoting
strikes as a legal acts in resolving industrial disputes8.
On
the other hand, the population growth in the industrial and export
processing zones has nurtured solid and well structured societies of
workers within the area. There the communication and cooperation united them and formed strongholds. In
spite of strict rules and regulations imposed by the communist regime,
these worker societies keep growing at a magnificent rate. They
have taken the initiative to engage in recent strikes against unfair
exploitation of foreign investors, and those who have made the
administrative restriction aimed at reducing the effectiveness of
labor strikes.
Vietnamese society, as a whole, is not much different from the worker societies. Currently,
it is impossible to implement any kind of restrictions on society for
the benefit of an elite minority class at the expenses of the vast
majority of Vietnamese people.
Also,
it is worthy to clarify that it is not the strikes, but the brutal and
lawless administrative procedures, which have disappointed and driven
the FIDs away.
II. SUPPORT OUR BROTHER LABORERS
The democratization progress in 2006 has been focused on two hot spots: human rights and civil rights at work. Being the victims of exploitation and injustice, our brother laborers have refused to surrender. Instead, they choose to struggle for their rights and justice, not only for themselves but for the country as a whole. In their struggles the younger generation9 is standing up as the leaders in the democratic movements in Vietnam. The
year of 2006 will mark breakthroughs in the democratization progress,
in which there remains no defensive tactic but only offensive.
II. 1. Totalitarian Regime Is Isolating Themselves.
The
political system in Vietnam today is still far from the international
standard models, in which social and economic inequalities should not
exist. Vietnamese citizens have been brainwashed of independent opinions, not to mention opposing ones. The
secret and underground police forces are at the helm and ready to
impose their brutality on those who dare to believe that the life could
be better than their current state of affairs.
Surprisingly, communist
ideologies, which have been acclaimed as the basic principles and
guidelines since the inception of the ruling party, were not mentioned in the political report at the 10th Convention of the Vietnamese Communist Party. Intentionally or not, this fact indicates that changes have been set in motion in their own political system. Needless
to say, the essence of the worker class which was assimilated as that
of the communist party itself has been outdated and is no longer
effective in bluffing anyone. The ratio of workers among VCPs newly recruited members has dropped sharply to 10-11%. It is strong evidence of the discontent among workers towards the regime.
Forceful imposition of the communist ideology on society has been an act of betrayal against the nations will. It is worthy to note that along
the course of its history, Vietnamese people have never voted for the
communist party to be neither their representative nor their ruler!!
Struggling
with the strategic crisis in its ruling policy, the VN communist regime
has surrounded itself in a war without frontiers. In reality, every individual Vietnamese has become a solder, fighting against inequality and exploitation. Therefore, no matter how tight the iron net was set; it could not provide the communist regime a safe heaven. In the near future, the freedom and democracy fighters will appear anywhere and anytime to confront with totalitarian regime.
Playing the ruling role for so long, the VN leaders have differentiated and isolated themselves from the population. Any
effort generated and carried out by the government in suppressing the
democratization movement does not deserve any support from Vietnamese
people. This fact has lifted the long lasting fear of which the VCP has instilled in the people for many decades in order to rule. Vietnamese workers have run out of patience. Being pushed against the wall they have no choice but to fight for as long as they are living on this earth.
Similar
to Eastern European countries, there is no doubt that the collapse of
the communist regime will come from its internal contradictions. However, other factors are critically necessary to accelerate the process to its end. Lack
of effort and determination to accelerate the democratization, the VN
patriots would give the totalitarian regime an opportunity to survive
and to last.
II.2 Supporting Democratization An Act of Self Determination.
Unlike the strikes of yesteryears which were associated
with unavoidable industrial disputes, mainly bread and butter issues,
nowadays the scope of strikes has changed dramatically. It is a self determination to fight for our own dignity, values and rights as workers and citizens.
Any
efforts to put an end to economic influence and ideological
restrictions carry the same effect as offensive acts against the
totalitarian regime. More than ever, support from scholars, students, investors and farmers are critical in the democratization progress. The fighting of workers does not only require support from mass media and its sources, but also from the society as a whole. It is the right time to prove that freedom of press and speech will overwhelm the fear and threats.
Supporting democratization in VN gives us a valuable opportunity to re-affirm that it is we who are the true and only possessors of this country. Supporting
the democratization is also providing us a favorable environment to
sharpen our ability to be involved in and serve the society and
community in which we are living. Within our
capability each and every individual should share the responsibility
and burden, which the country has called upon us.
The
erosion process caused by the free market economy is unavoidable, but
too lengthy a process to destroy a totalitarian regime. Democratization
requires collaboration from all social resources to accelerate it
through all phases to the final confrontation required to destroy this
dictatorial regime.
Dont sit there and beg for charity, for favors from the brutal and corrupted rulers. Stand
up as a true man with all of your dignity and fight for what you
deserve as a human being. The call of the country is still resonating
from the old days to convene its citizens for their contribution in the
restoration of our beloved country.
The fire has been set by the labor strikes but the heat from the conflict alone is not enough to melt the totalitarian regime. When majority of society joins the workers in the democratization movement, the collapse of the regime is certainly impending.
III. CLOSING REMARKS THE STORY OF A WIND CHIME.
He is a student. She is a worker of the export processing zone Linh Trung. They share a dream of a wind chime hung on the gable of their small but cozy dream house. They have dreamed of beautiful children cheerfully welcoming their parents home from work.
This New Year has long gone, unfortunately she has not returned. The breeze from Saigon River is getting stiffer. Wind from Thu Bon River is lost somewhere. Sunshine is fading by the sorrow at Linh Trung. The loved one is no longer there to wear the engagement ring, he had just made of straw. She
had always been a devoted striker at the front line, now where has she
been. . to whom will the wind chime be given in the shared dream ?
And then, a farewell letter came on Valentines Day: A thousand young men have been attending Thu Duc College. They know a lot of things and also know how to keep their mouth shut.. wisely. When we rushed out of the factory for a strike; you are nowhere to be seen. Is it fear? Is it selfish? It has taken the bravery away from you ? You already chose to stay away of our struggle against inequality and oppression. Big words and iron speeches do not make a real man out of you. Intellectuals, who dare not implement their knowledge in the real life, are no better than bookworms.
Fire is burning wildly out there, while you are still debating in your
own ivory tower on advantages and disadvantages of strikes, which have
been ignited by the workers like me. Worthy or not, when fighting against brutality and exploitation, couldnt be a facet for you to hide from your own conscience. The destiny of the country, as a whole, has been laid in the hands of each and every individual of its citizens. We, workers, have given our own hands, why didnt you ? Is bravery calibrated differently for different classes in the society ?
The wind chime sings only when the wind blows, the wind chime will shut off its songs in the enclosed darkness. Our love had been challenged throughout the strike at Linh Trung and had been shut into the enclosed darkness.
Hopefully,
on one beautiful day, you will hang the wind chime at the gable of the
dream house, so that it can cheerfully sings its songs. Forget-it-not!!!
There is nothing to be shameful for even if Democracy is to be established tomorrow in Vietnam. Democratic Fighters have been ardently fighting and firmly determined in their noble cause to democratize this country. Only reluctance and cowardly attitudes are deserving of blame!!
Written on Valentines Day, 2006 in Saigon
References:
- Lao Dong Magazine, Volume 38, 02/08/2006.
In
addition, there are other strikes which were involved by 130 workers of
A Chau Food Processing Company at Thuan An and Binh Duong, and 1200
workers of Gia Hiep Shoe Company at Duc Hoa Dong Prefecture, Duc Hue,
Long An. In January 2006, there were totally 57
strikes nationwide (compared to 9 in January 2005), among which 49
strikes were happened at the FDI companies.
On February 17, 2006, a strike at Sao Vang (Yellow Star) Company had attracted 5,000 workers.
- The total business expenses were calculated for 2006 production planning, which was based on customers orders in 2005. The salary and wage increases for retailed production (produced at home) for 2006 are much less than 40%. Among which the average increase for the textile factory is only 10 15%.
- Due
to the differences in business expenses, the attracted FDIs in the last
5 years have been varied significantly from one area to the others:
- Red River Delta: $ US 3.5 billions 20%
- Northern Central VN and Coastal Zones: $ US 3,5 billions 20%
- Eastern South VN and Mekong Delta: $ US 11.1 billions 65%
- Lao Dong Magazine, Volume 38, 02/08/2006.
According to the latest reports, there are more than 19,000 government owned automobiles nationwide. In the 2002-2003 timeframe alone, there are newly bought 6,000 automobiles which exceed the projected number of 4,000. According to Nguyen Sinh Hung, Minister of Finances, the beach of Red River is not large enough to park all of the automobiles which exceed the projected number. Purchasing government owned automobiles at higher bracket price is another issue. One of official leaders in Hanoi is using a car, which is worth more than 3.000 buffalos. Totally, trillion piasters have wasted on government owned automobiles.
- Khi Chenh Lech Giau Ngheo Gia Tang, Ngoc Minh, Thanh Nien Electronic Magazine, February, 11, 2006. The income ratios of the rich and the poor are listed as following: 1990:4.1; 1991:4.2; 1993:6.2; 1994:6.5; 1995:7.0; 1999:7.6; 2002 to 2004:8.1
- Translators footnote.
- The International Labour Conference on 12/16/1966 and lately endorsed by Vietnam on 9/24/1982 has cited that: 1.
Recalls, (a) that in freely joining the ILO, all Members have endorsed
the principles and rights set out in its Constitution and in the
Declaration of Philadelphia, and have undertaken to work towards
attaining the overall objectives of the Organization to the best of
their resources and fully in line with their specific circumstances; in which one of the fundamental principles and rights is the right to Strike.
- Vietnams Labor Laws, Article 80.- Grounds for recognizing a strike lawful or declaring a strike unlawful: A strike shall be lawful when it meets the following conditions:
- It arises from a collective labor dispute and within the scope of the labor relation;
- It is staged by employees of an enterprise within that enterprise;
- The
involved labor collective disagrees with the decision of the provincial
Labor Arbitration Council of the respective province but does not want
to file a lawsuit to request the Court to solve the case;
- While
the Labor Reconciliation Council or the Labor Arbitration Council is
settling the labor dispute, neither party to the dispute is allowed to
take unilateral action against the other.
- United
Worker-Farmers Organization of Vietnam, lead by the workers and farmers
in their thirties, has released its official announcement on October
30, 2006 calling on all international heads-of-state and the
international community who hold dear the values of Liberty, Democracy
and Respect for Human Rights, to state their support for cause of
workers-farmers-rights and we ask that they seriously support the
Vietnamese people at home and abroad in the fight for peoples
unalienable rights in Vietnam. Latest news announced on 11/22/2006 by the Peoples Democratic Party, Ha Noi arrested several members of the United Workers-Farmers Organization (UWFO) of Viet Nam. Among them are Nguyen Tan Hoanh, Doan Huy Chuong and Nguyen Thi Le Hong, the 3 leaders of UWFO. The other leader, Nguyen Thi Tuyet, is still on the run.
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Note:
Mr. Huynh Viet Lang aka Huynh Nguyen Dao, 38 years old, central
committee member of the People's Democratic Party, was arrested on Aug.
15, 2006 in Saigon, currently detained in prison 4 Phan Dang Luu,
SaiGon Viet Nam. The Ha Noi Government has denied Lang's rights to see
his family and lawyer.
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