Category: Uncategorized

  • Pham Doan Trang in Asia Times: Vietnamese rights activist marks first year in jail

    Luat Khoa and The Vietnamese co-founder Pham Doan Trang arrested for “anti-state propaganda” has spent a year in detention with no trial date in sight.  Ironically, the acclaimed journalist and human rights defender’s arrest came a day after the 24th annual US-Vietnam Human Rights Dialogue.


    Excerpt:

    Exactly a year ago, on October 6, 2020, officials of the Vietnamese and US governments met online for the 24th annual US-Vietnam Human Rights Dialogue. Officials discussed freedom of religion, the rule of law, bilateral cooperation, workers’ rights, and freedom of expression during the three-hour virtual session.

    Yet just hours after the conclusion of the meeting, police in Ho Chi Minh City arrested award-winning journalist, author and human-rights activist Pham Doan Trang, who now faces up to 20 years in prison after being charged with spreading information “opposing the state.”

    If that charge sounds unclear, that’s because it is. Article 117, the law under which Trang was charged, is so poorly defined that it could encapsulate virtually any criticism of the ruling Communist Party.

    Trang, a former journalist for state media, is a founder of Luat Khoa and The Vietnamese, which provide independent online analysis of social, political and legal issues in Vietnam. Both sites are blocked by censors. Little surprise, then, that Freedom House rated Vietnam as “not free” in its most recent annual report on Internet freedom.

    Trang has also been prevented from printing books since 2015. Undeterred, she has published numerous free-to-access books and handbooks online. These include “Politics of a Police State,” “On Non-Violent Resistant Techniques,” and “Politics for the Masses.”

    Her work has not gone unrecognized. Reporters Without Borders awarded her the Press Freedom Prize for Impact in 2019.


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  • LIV and Trinh Huu Long in Freedom House: Freedom On The Net 2021

    Legal Initiatives for VIETNAM and it’s co-director Trinh Huu Long were acknowledged as report authors for Freedom on the Net 2021, an annual survey and analysis of internet freedom around the world.  

    Freedom on the Net is a collaborative effort between Freedom House staff and a network of more than 80 researchers, who come from civil society organizations, academia, journalism, and other backgrounds, covering 70 countries.

    Title: Freedom On The Net 2021
    Publish Date: September 16, 2021
    Publisher: Freedom House


    Excerpt:

    Data sovereignty as an excuse for surveillance

    A draft decree released in February 2021, as part of the implementation of Vietnam’s Cybersecurity Law, expands requirements for large and small online platforms to store data on Vietnamese servers, including users’ names, birth dates, nationality, identity cards, credit card numbers, biometric files, and health records. Authorities can access user data under vaguely defined pretexts related to national security and public order. Full compliance with Vietnamese law by social media companies would put activists, journalists, and human rights defenders at risk, given the one-party regime’s harsh suppression of perceived political dissent.


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  • LIV’s Trinh Huu Long in SSRN- Vietnam: Data Privacy in a Communist ASEAN State

    Legal Intiatives for Vietnam co-director Trinh Huu Long was cited in a research paper on Data Privacy in Vietnam.  


    Excerpt:

    Processing personal data without the person’s consent (including for secondary processing) is only allowed in various situations of public interest, emergencies, for statistics or research after de-identification, and where ‘according to the provisions of law’ (art. 10). One criticism of this last exception is that it is ‘a loophole that is widely used in the legal system of Vietnam to give the government’s executive branch, especially ministries, an almost unlimited ability to interpret laws and regulations using circulars and executive decisions’. [12] There are no ‘legitimate interest’ exceptions allowing such processing.

    [12] Trinh Huu Long ‘9 Takeaways From Vietnam’s Draft Decree On Personal Data Protection’ Luat Khoa Magazine 19 February, 2021 <https://www.thevietnamese.org/2021/02/9-takeaways-from-vietnams-draft-decree-on-personal-data-protection/>


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  • LIV on SBS Tiếng Việt Podcast: Dịch bệnh tan hoang lại thêm khẩu hiệu tương tàn

    Lawyer Trinh Huu Long, Editor-in-Chief of Law Faculty of Journalism, talks about sensitive things that Northerners should know about Southerners, and vice versa there are basic things.


    Excerpt:

    Vì sao người Sài Gòn dị ứng với những khẩu hiệu thời chiến tranh còn người miền Bắc thì vô tư khi dùng nó? Dịch dã tan hoang, lòng người càng thêm phân tán vì những khầu hiệu “Giải phóng miền Nam” để nói về việc từ Bắc vào Nam chống dịch. Luật sư Trịnh Hữu Long, một người hoàn toàn lớn lên ở miền Bắc XHCN, Chủ Bút của Luật Khoa Tạp Chí, nói về những điều nhạy cảm mà người miền Bắc nên biết về người miền Nam, và ngược lại có những điều cơ bản mà người Nam cần biết về đồng bào của mình ở miền Bắc.

    English Translation:

    Why are Saigon people allergic to wartime slogans and Northerners carefree in using it? The epidemic was devastated, people’s hearts were even more scattered because of the slogans “Liberate the South” to talk about going from the North to the South to fight the epidemic. Lawyer Trinh Huu Long, a man who was completely raised in the North of the Socialist Republic of Vietnam, Editor-in-Chief of Law Faculty of Journalism, talks about sensitive things that Northerners should know about Southerners, and vice versa there are basic things. that Southerners need to know about their compatriots in the North.

    Listen to the Podcast here.


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  • Legal research: Analysis of Vietnam’s Internet Freedom Situation Following the Adoption of the 2018 Cybersecurity Law

    Legal research: Analysis of Vietnam’s Internet Freedom Situation Following the Adoption of the 2018 Cybersecurity Law

    The “Analysis of Vietnam’s Internet Freedom Situation Following the Adoption of the 2018 Cybersecurity Law” report was jointly conducted by Legal Initiatives for Vietnam and Boat People SOS in late 2020 and was released on January 12, 2021.

    Download from BPSOS’s website.


    EXECUTIVE SUMMARY:

    This research is a follow-up on a comprehensive research of Vietnam’s Internet regulations conducted by Boat People SOS in 2018 with a grant from International Center for Non-Profit Law (ICNL). It provides the updated information on Vietnam’s new Internet regulations and the central and local governments’ practices of implementing the regulations.

    The research’s findings show that after passing the controversial Cybersecurity  Law in June 2018, the Vietnamese government has failed to issue a decree to provide guidance of how to implement the law, a routine that usually is conducted by the executive branch shortly after the passage of a piece of legislation at the National Assembly. Due to the government’s arbitrary use of national secrets regulations, it is uncertain whether or not there is already a decree.

    Another major finding is that the government has been trying to indirectly provide guidance of implementation of the Cybersecurity Law by issuing decrees that are, on the surface, meant to be detailing other laws. This can be interpreted as a way of avoiding domestic and international criticism since the Cybersecurity Law and its initial drafted decree have received widespread condemnation.

    In the meantime, both the central and local governments are not waiting for the detailed guidance of the Cybersecurity Law to start implementing what the law  says because the Cybersecurity Law is, in fact, only a part of many laws and regulations that govern online expression. By conducting administrative, criminal and economic measures, the government has been actively forcing citizens and technology companies (mainly foreign enterprises) to accept a significantly more  repressive Internet environment and a much narrower range of doing businesses  in Vietnam.

  • Pham Doan Trang in BBC News Tiếng Việt:  Blogger Phạm Đoan Trang được là thành viên danh dự của PEN, Đức

    Pham Doan Trang in BBC News Tiếng Việt: Blogger Phạm Đoan Trang được là thành viên danh dự của PEN, Đức

    PEN in Germany has just recognized dissident blogger Pham Doan Trang as an honorary member of this organization.


    Excerpt:

    Mr. Ralf Nestmeyer, Vice Chairman and Representative of PEN’s ‘Captive Writers’ Committee in Germany, confirmed the above information to BBC News Vietnamese on May 19.

    “We make journalist Pham Doan Trang an honorary member because she is a strong supporter of freedom of expression in Vietnam and has been arrested for it. We demand the immediate release of honorary member Pham Doan Trang and assure her of our unending solidarity,” Mr Ralf Nestmeyer told the BBC.

    What does the PEN statement say?

    PEN’s website on May 18 posted a statement in German that reads:

    “Vietnam: Pham Doan Trang becomes an honorary member of PEN Germany.

    The German PEN Center named independent journalist Pham Doan Trang an honorary member and demanded her immediate release.

    She is one of the most famous critics of the Vietnamese government and was arrested on October 6, 2020 at her apartment in Ho Chi Minh City. She faces 20 years in prison on charges of conducting propaganda against the state.”

    Ralf Nestmeyer, Vice Chairman and Representative of PEN’s ‘Captive Writers’ Committee said in a statement:

    “Vietnam is one of the countries in the world that specifically restricts freedom of speech. The Communist Party terrorizes media workers in such a serious way that Trang has no contact with her family and friends. her attorney.”

    PEN’s statement reiterates Pham Doan Trang’s activities to contribute to the education of the people and to support democracy, such as founding the online magazine Luat Khoa and being the editor of TheVietnamese, two channels for disseminating legal knowledge.

    “Because of her job, Trang has been repeatedly targeted by Vietnamese authorities. In August 2018, she was detained by the police and hospitalized. Now, she is in danger of being reversed again. in prison. In 2014, she received the Feuchtwanger Fellowship of Villa Aurora in Los Angeles. In 2019, she received the Press Freedom Award from Reporters Without Borders,” the statement read.

    ‘Special meaning’

    From Australia, Ms. Hoa Nguyen told the BBC:

    “The beautiful act of Van pen Duc organization has a special meaning. Accepting Pham Doan Trang as their member while she was imprisoned by the Vietnamese communist government is a statement to defend and support her. It also speaks to the attitude of this organization, and tells the Vietnamese authorities what foreign organizations and the international community think about Pham Doan Trang’s case.”

    According to Ms. Hoa Nguyen, on May 19, more than 7 months after being arrested, Pham Doan Trang still had not been able to meet her relatives and had not been in contact with a lawyer.

    A month ago, Ms. Bui Thi Thien Can, Pham Doan Trang’s mother, made an application to the Director of the Hanoi People’s Procuracy and the Head of the Hanoi City Investigation Agency, asking to meet her daughter.

    “But Ms. Can’s application has so far received no response,” Ms. Hoa Nguyen told the BBC.


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  • LIV’s Trinh Huu Long and Pham Doan Trang in Asia Democracy Chronicles: When calls to free arrested activists are not enough

    LIV’s Trinh Huu Long and Pham Doan Trang in Asia Democracy Chronicles: When calls to free arrested activists are not enough

    This op-ed article was written in Vietnamese by Trinh Huu Long and was published in Luât Khoa on October 10, 2020 and on May 6, 2021 in The Vietnamese.

    Title: When calls to free arrested activists are not enough
    Publish Date: May 18, 2021
    Publisher: Asia Democracy Chronicles


    Excerpt:

    Every time an activist is arrested, several campaigns for his or her release emerge in response to the government’s persecution of human rights. This method is the oldest, most common, and most familiar form the common citizenry uses to call for justice.

    I have been a part of those movements and have even organized several campaigns many times in the past nine years.

    Yet, despite everything, I constantly ask myself, do these calls to action actually do any good? “How long am I going to do this,” I ask myself, “and are there any benefits in it or not?” These are just some of the questions that constantly linger in the back of my mind.

    Most likely, the arrested activists will remain in prison; their sentence will be upheld. In fact, the length of their imprisonment might even be extended. Despite all our work, more and more people are still being incarcerated. There has been no change in our laws or institutions, despite all our efforts at home and abroad.

    And even if we’re blessed with the smallest amount of luck, those arrested are granted asylum in another country, defeating the primary purpose of our campaigns.

    Pham Doan Trang, imprisoned activist, blogger, journalist, and co-founder of The Vietnamese and Luat Khoa online magazines, has put some of my concerns to rest.

    “I do not need my own freedom; I need something much more significant than that: freedom and democracy for the whole of Vietnam,” she wrote in a letter entitled, “Just In Case I Am Imprisoned.” “This goal sounds grandiose and far-fetched, but reaching it is actually possible with everyone’s help.”

    Doan Trang wrote the letter on May 27, 2019, her 41st birthday, while she was on the run from the police. She wanted this letter to be released to the public only when she was indeed convicted and not when she was merely detained. Eventually, she was arrested and now faces a sentence of up to 20 years in prison.

    If Doan Trang merely wanted freedom for herself, she had at least two opportunities to attain this in the past.

    The first was after her nine-day criminal detention in 2009. If she was obedient and ceased all her activities regarding sensitive topics and cut all her ties with social elements deemed “anti-state,” she would have continued to live a safe and full life.

    The second was when she studied in the United States and could have chosen a path towards residency or citizenship. In fact, at least three agencies and organizations wanted to sponsor her permanent stay in America.

    So, why did Doan Trang choose to return to her homeland? It is because she understands that her freedom means nothing compared to the whole of Vietnam. Vietnam needs people to step up and work for the freedom of everyone.

    Such a concept is simple and easy to understand, yet making it a reality is challenging to attain.

    Doan Trang could have chosen to contribute to Vietnam’s fight from the outside as many others, including myself, are doing. Yet, she chose the most complex, most painful, and most difficult way to contribute to the cause. She returned home and faced the problem head-on. She published various works, wrote books, and even taught about democracy and freedom right in front of the police.

    Doan Trang often told me that the best way to fight is to be an example, to be an inspiration for others to do the same. Only then can we, as a society, start to see what democracy, human rights, and the rule of law look like in reality. Words without actions are meaningless.

    Sadly, I do not know how successful Doan Trang’s efforts have been, nor how many lives have been touched by her words and deeds. But regarding her arrest in October 2020, I would like to say this.

    Activists have a saying called “sharing fire,” which means sharing the tasks and responsibilities of dangerous activities with many people to reduce individual risk. Sometimes we coordinate with each other, but more often than not this is not the case; people passively participate in this phenomenon without discussing plans in advance.

    What if the deeds Doan Trang had done in the past five years were divided among five or 10 people? Would she still have been arrested? More recently, if she had not produced the two Dong Tam reports, would she be in jail right now? (Dong Tam, a village on the outskirts of Hanoi, was “the target of a violent raid by police January 2020 with the aim of suppressing resistance by residents contesting the seizure of their land by the authorities,” reports Reporters Without Borders.)

    She often told me that these things are not difficult to accomplish and that there are many people who share similar ideas with her. If so, why are there so few people standing up for what is right? Granted, some people do, and Doan Trang was one of them. Yet because of inaction, apathy, or fear, she and the handful of brave, noble souls like her shoulder the entire risk.

    Many of them will go to jail, while those who are content to watch from the sidelines will get angry again. They will once again clamor for the release and freedom of those imprisoned. But in the end, nothing gets done. Rinse and repeat.

    Will we Vietnamese forever play the same old games with the government? Will we continue to sheepishly and ineffectively demand the release of our friends? Then, when nothing gets done, will we once again forget and return to the tolerated normalcy of life in this great prison that the government has made?

    Things will be different if more people actively do their part to create social change, just like Doan Trang. Doing so has two advantages.

    The first is to “share the fire” with those still fighting to reduce their risk and limit their chance of getting captured. Government resources are limited, and they can only invest in monitoring and controlling a few people.

    Those outside Vietnam can do their part as well. For instance, to write something similar to the Dong Tam Report, we just need to collect data on the internet and conduct interviews online or through the phone. It is not necessary to live in Vietnam physically to accomplish these tasks.

    The second is to normalize press freedom, independent publishing, and political activities considered “sensitive.”

    When these activities become commonplace, the government will be forced to accept them. This was observed in the past when private businesses were considered illegal. Nonetheless, they continued to operate, and gradually the government had to admit that these establishments were a fundamental component of the country’s economy. Since 1986, the state no longer considers owning a private business a criminal offense.

    For me, the best way to help Doan Trang and people like her is to play a more active role. Eventually, everyone will benefit when the political space expands. No one will ever be arrested or imprisoned again for writing or publishing books. I will no longer have to clamor for one person’s freedom every single time someone gets arrested. I will finally be able to rest.

    Calls for freedom are good, but they are often not enough. We should release ourselves from the shackles of fear, apathy, and apprehension to actively fight for progress and change.

    Doan Trang has completed her mission and the responsibility now falls on our shoulders. Even if she were to be released tomorrow, even if she chooses to stay in Vietnam or decided to leave, the fight continues in each one of us.

    And if you love Doan Trang, I implore you to do what she would have done.


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  • Pham Doan Trang in German PEN – Vietnam: Pham Doan Trang wird Ehrenmitglied des deutschen PEN

    According to a Press Release, Pham Doan Trang becomes an honorary member of German PEN.


    Press Release:

    Note:  Original texts in German.

    Darmstadt, May 18, 2021. The German PEN Center appoints the independent journalist Pham Doan Trang as an honorary member and calls for her immediate release. She is considered one of the most prominent critics of the Vietnamese government and was arrested at her home in Ho Chi Minh City on October 6, 2020. She faces up to 20 years in prison for alleged propaganda against the state.

    “Vietnam is one of the countries in the world where freedom of expression is particularly severely restricted. The Communist Party persecutes media workers with relentless severity, so Trang has been banned from contact with her family and her lawyer. We demand the immediate and unconditional release of our honorary member Pham Doan Trang and assure her of our full solidarity,” said Ralf Nestmeyer, Vice President and Writers-in-Prison Officer of the German PEN.

    Pham Doan Trang founded the online magazine Luât Khoa and is an editor at thevietnamese. Both media make it easier for Vietnamese citizens to understand the country’s laws, defend their rights and oppose the authoritarian rule of the Communist Party. A month before her arrest, Trang published a report for which she had researched a violent police raid on a village on the outskirts of Hanoi, where residents were resisting the authorities’ confiscation of their land.

    Because of her work, Trang was repeatedly targeted by the Vietnamese authorities. In August 2018, she was beaten in police custody and required hospital treatment. In prison, she is now at risk of being abused again. In 2014 she was a Feuchtwanger Fellow at Villa Aurora in Los Angeles and in 2019 she received the Press Freedom Award for particularly effective journalism from Reporters Without Borders.


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  • LIV in Privacy Laws & Business International Report Vietnam: Data Privacy in a Communist ASEAN State

    Vietnam is now proposing to enact a comprehensive data privacy law for the first time. A draft Decree on Personal Data Protection (‘Decree’) released for public consultation by the Ministry of Public Security (MPS). This article analyses this proposed law by comparison with international standards, and previous Vietnamese practice.


    Excerpt:

    Processing personal data without the person’s consent (including for secondary processing) is only allowed in various situations of public interest, emergencies, for statistics or research after de-identiJication, and where ‘according to the provisions of law’ (art. 10). One criticism of this last exception is that it is ‘a loophole that is widely used in the legal system of Vietnam to give the government’s executive branch, especially ministries, an almost unlimited ability to interpret laws and regulations using circulars and executive decisions’. There are no ‘legitimate interest’ exceptions allowing such processing.


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  • LIV in ISEAS – Yusof Ishak Institute Placate the Young and Control Online Discourse: The Vietnamese State’s Tightrope

    Vietnam’s top echelons have indicated that the task of controlling cyberspace has never been more crucial.  But how to do so in a country that boasts 72 million social media users without alienating the growing cadres of Internet-savvy youths is a daunting question.


    This landmark development was instrumental to youth-led online movements. But on the other side of the spectrum, the drafting process for Vietnam’s Cyber-Security Law was mooted as early as July 2016, just right on the heels of the Formosa protests.


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