Category: East Asia

Facebook activist Nguyen Duc Hung’s family say he was denied visitors and they only found out about his five-and-a-half-year sentence from state media the day after it was handed down. Hung’s posts aimed to raise awareness of an environmental disaster in his hometown of Ky Anh. The Hung Nghiep Formosa Ha Tinh steel factory discharged chemical waste into the sea and environmentalists say the effects are still being felt by the residents. His social media posts did not focus solely on the disaster in his home town. He told his 9,000-plus followers about cases of social injustice and human rights abuses. He also focused on religious freedom, posting comments about the case of Thien An Monastery in which the provincial government of Thua Thien Hue “borrowed” land from the religious facility. Hung was convicted of “conducting anti-state propaganda” under Article 117 of the criminal code. The indictment said Hung’s actions directly affected the implementation of the Party’s guidelines and policies, the State’s laws, and the strength of the people’s government, divided national unity, reduced the people’s trust in the Party and State, and potentially caused national insecurity and disorder. While the court claimed it was a public criminal trial Hung’s family said they heard nothing from the police or the court. “When they carried out the trial, my family did not know,” Hung’s father Nguyen Van Sen told RFA. “I phoned the detention center and was told that the trial had been carried out the day before. When I asked why they didn’t notify my family, the police said the family was not involved.” Sen got the same response when the called the provincial police’s investigative department. According to a lawyer who has defended many similar trials Hung’s case is not uncommon. Ha Huy Son said the court does not have to notify the family or invite them to the trial. He said Criminal Procedure Code 2015 only stipulates telling the family the person is in custody, or has been arrested in the case of an urgent arrest. It is only necessary to tell the defense lawyer, the victim and any other parties involved at least 10 days before the trial. Hung is the sixth Facebooker this year to be convicted of “conducting propaganda against the state.” The others received sentences of between five and eight years. Hung, 31, was arrested on Jan. 6 this year and has been held incommunicado since then. His father said, despite repeated trips to the detention center, the family was not allowed to see him. The family did not hire a defense lawyer and Sen said he did not know if one was present at the trial. Sen did not want to comment on the sentence, other than saying he hoped it would be reduced because Hung’s wife had left him to raise their two primary school children. State media did not mention whether Hung had a lawyer, only saying he had pleaded guilty and asked for leniency. RFA called the People’s Court of Ha Tinh province but no-one replied Communist Party paranoia  “Given the worsening situation for activists and human rights defenders in Vietnam, it was sadly just a matter of time before Nguyen Duc Hung got arrested,” said Human Rights Watch Deputy Asia Director Phil Robertson. “It’s become obvious that the Vietnam Communist Party is so paranoid about dissenting views that it considers mere writing of words online to be a threat to state security. By giving out a five-and-a-half-year prison sentence for just writing criticism of the government on Facebook, the government has committed an outrageous and unacceptable violation of Nguyen Duc Thung’s rights.  In reality, he did nothing that would have been considered wrong, or even out of the ordinary, if he was in a democratic society, but of course he is stuck living under a single party dictatorship.” Roberts said Vietnam’s crackdown on freedom of expression means no peaceful activist can spread his views via social media without facing what he called “bogus state security charges” and many years in prison. “Quite clearly, Vietnam has become one of the worst rights abusing and dictatorial governments in Southeast Asia and now it wants to control the Internet as strictly as China. Any government donor or international business investor should think twice about investing in a country like Vietnam where freedom of expression and access to information is so strictly controlled,” Robertson said.

Thousands of Laotians are once again leaving their home country to work in the Malaysian fishing industry, where they are susceptible to abuse from employers due to their illegal status, the fishermen told RFA. The Lao Ministry of Labor and Social Welfare estimated that about 2,000 Laotians had recently traveled illegally to Malaysia for fishing jobs. During the pandemic, 700 Lao migrants had returned home from Malaysia, but most have since gone back as economic conditions in their home country worsen due in part to high inflation. Though the pay is sometimes better there than what they could earn in Laos, illegal migrants are often exploited by their employers, a Lao fisherman who has been working in Malaysia’s Pahang state told RFA’s Lao Service, on condition of anonymity for safety reasons. “There’s no fairness,” he said. “The main drawback is that we, as fishermen, don’t know the total weight of the fish we catch and we don’t know how much money our employers make. We just get whatever they give us. The information about the total catch and revenue is not known to us.”  To ensure their rights are protected, the Lao government is working on finding ways for more migrants to go to Malaysia legally. “We recently sent about 70 Lao workers to Malaysia, legally, for a pilot project. We are requesting that the Lao Ministry of Foreign Affairs send more workers to Malaysia, as we know many Laotians are going there to work illegally,” an official of the ministry’s Department of Labor Skill Development and Employment Service told RFA on condition of anonymity to speak freely. Despite the risks, Malaysia is attractive to migrants because it is a relatively easy country to work in, the fisherman said. “The main reason so many choose to come here is because we don’t have money. Most of us don’t even have enough to make a passport,” he said. “In my case, the employer sent some money to me in Laos to apply for a passport and pay for all my documents. If I had gone to, say, South Korea instead, I would have had to pay for everything myself. I’d have to borrow money to fly over there,” he said. The fisherman said that he came to Malaysia via a land route through Thailand. The trip cost 100,000 baht (U.S. $2,800), which he repays through deductions from his paycheck.  “More than one thousand Lao fishermen are working here …, about 60 percent more than there were last year. Most of these new fishermen, who have never even been on the sea, come from the Vientiane suburbs or from nearby Borikhamxay province,” he said. Another Lao fisherman told RFA how he came to work in Malaysia. “Nobody told me to come here, but I came because in Laos, there are no jobs and labor is cheap,” he told RFA.  “I didn’t come here via the Lao Labor Department. At first, I came to Malaysia as a tourist. I took a bus to the town of Nong Khai in Thailand, then I traveled by bus to Pattani Province in southern Thailand where my employer’s bus was waiting to take me to Malaysia. Then, in Malaysia, my employer obtained all the necessary documents including a work permit for me, so I can work,” the second fisherman said. A third fisherman told RFA that the pay was good. “We make at least 3,700 ringit, or about 30,000 baht [$836] per month, but in some months when the catch is big, we can earn up to 7,000 ringit, or 50,000 baht [$1,581],” he said. “There are about 100 Lao fishermen working here … That’s not a lot. There are also Thais, Burmese and Cambodians too and we mingle together,” he said. The Lao government is making efforts to protect the migrants by making it easier for them to go to Malaysia legally, thereby making them harder to exploit. Authorities are collecting information in hopes of entering into an agreement with Malaysia to allow Laos to send more workers, Anousone Khamsingsavath, the director of the Department of Labor Skill Development and Employment Service, said at an August 2021 meeting that discussed workers’ rights in Southeast Asia. He acknowledged widespread exploitation in Malaysia’s fishing and seafood processing industries. Lao fishermen in Malaysia support the effort between the countries to reach an agreement, because it would increase the likelihood that their rights would be protected, a fourth Lao fisherman told RFA. BenarNews, an RFA-affiliated online news source, sent inquiries on this issue to the Malaysian government but received no response. BN reached out to MY govt officials for comment but didn’t receive an answer. Translated by Max Avary. Written in English by Eugene Whong.