Washington Indochina Update # 10

August 2002

 

 

Alert: The Fund for Reconciliation and Development will hold its annual dinner honoring the Foreign Ministers and Ambassadors of Cambodia, Laos and Vietnam on Tuesday, September 17, in New York. To reserve space, please contact FRD at (212) 760-9903 or info@ffrd.org.

 

 

I.                   Trade

 

Congress approves extension of NTR for Vietnam. The House of Representatives voted 338-91 on July 23 in favor of extending the Jackson-Vanik trade waiver, and hence Vietnam’s annually-renewable normal trade status, by voting down the disapproval resolution (H.J.Res.101) that had been introduced in June. A full hour of debate preceded the vote, which makes interesting reading; for an e-mail copy, write to washington@ffrd.org. Divisions on this issue follow few predictable party lines, as 62 Republicans joined 27 Democrats and 2 independents voting against the waiver issued by President Bush.

 

Vietnam welcomed the vote as “a step in the right direction,” but asked the US to discard the Jackson-Vanik provisions and make NTR status permanent, as the annual review “is not in line with the spirit of the Bilateral Trade Agreement and does not benefit the two countries.” Most members of Congress favor continuing the review process, however, as it gives them a voice in policy-making and a way to make their views known.

 

International Trade Commission issues preliminary ruling on catfish dumping suit. ITC commissioners heard testimony on July 19 from US catfish farmers and processors, who claim their business has been unfairly damaged by cheap Vietnamese basa and tra fish, and importers who argue that no dumping took place. On August 9, the commission voted 5-0 that there is a “reasonable indication” of injury to the US industry, allowing the Commerce Department to begin a full investigation that could last up to one year. The Vietnam Association of Seafood Exporters and Processors expressed disappointment with the ITC decision and called on Commerce to resolve the case in their favor.

 

Fast-track trade authority approved; Trade Representative to move forward. By a three-vote margin, the House passed Trade Promotion Authority (TPA) on July 27, giving President Bush “fast-track” power to negotiate new trade agreements. According to the Washington Post, US Trade Representative Robert Zoellick plans to use the new status to finalize bilateral agreements currently under negotiation with Chile and Singapore. “Around the world, this is seen as a real shot in the arm” for trade negotiations, he said. No mention was made of Laos (which does not fall under TPA in any case, as the agreement was negotiated in 1997). However, passage of TPA removes a key procedural obstacle towards Congressional consideration of the Laos bilateral trade agreement, as USTR was hesitant to move forward with other items on the President’s trade policy agenda until fast-track authority had been granted.

 

 

The timing of the announcement is reminiscent of a similar Boeing sale to China during President Clinton’s 1996 visit to China. In spite of expressed support for the value of free trade, the first corporation to benefit directly from normal trading relations is, ironically, a near-monopoly.

            II.            Human Rights

 

Environmental conference in Sweden issues declaration. The Environmental Conference on Cambodia, Laos and Vietnam convened in Stockholm on July 26-28 to “address the present and continuing impact of war on the lives, livelihoods and environment of the peoples of Cambodia, Laos and Vietnam.” Participants from Vietnam, Laos, the US and Europe examined the impacts of herbicides such as Agent Orange, landmines and unexploded ordnance (UXO) on ecosystems, public health, economic and social impacts, and ethical, legal and policy issues. In his opening remarks, Prof. Nguyen Trong Nhan of the Vietnam Red Cross said, “The dark past can only be overcome if the US government develops sufficient courage to begin resolving the serious consequences of the war.”

The conference declaration calls for “a new large-scale effort” to resolve the consequences of war “in a spirit of restorative justice” and appeals for increased assistance from the world community, particularly the US. The declaration is available on the FRD website, www.ffrd.org.  FRD Executive Director John McAuliff served on the conference steering committee and attended along with Deputy Director Susan Hammond.  Oxfam America and the American Friends Service Committee were also represented.

 

Yale conference on Agent Orange to be held in September. The Yale University School of Nursing will sponsor a symposium on Ecological and Health Effects of the Vietnam War from Sept. 13-15. This symposium will “assess the chemical, biological and physical agents utilized in military operations during the US-Vietnam conflict from an environmental health perspective” and “facilitate dialogue about the need for further research,” among other objectives. For more information, contact Dr. Linda Schwartz at (203) 785-5414, or see www.nursing.yale.edu/news/vwsymposium.html.


House hearing on “Freedom of Expression in Vietnam.”  On July 23, the same day that the Jackson-Vanik waiver was passed, the Congressional Human Rights Caucus held a hearing on “Freedom of Expression in Vietnam and the Vietnamese Government’s Response,” chaired by Reps. Loretta Sanchez and Zoe Lofgren (both D-CA). Sanchez described the aim of the hearing as “to come up with strategies and pressure the government of Vietnam to improve human rights... What do we need to do to try to change Vietnam?” No sense of historical irony appeared to accompany this question.

 

Testimony from the hearing included a predictably one-sided selection of Vietnamese-American activists and more careful statements from Amnesty International and Human Rights Watch. For a full accounting, see www.house.gov/lantos/caucus/briefs.htm.

 

Report on prison conditions in Laos.  An Amnesty International report released on July 26 alleges pervasive ill-treatment and the frequent use of torture in Lao prisons. Although independent human rights groups are not allowed to collect information inside Laos, the London-based group was able to conduct interviews with former prisoners and their families, including several foreigners.

 

The Lao PDR ambassador to Thailand, Hiem Phommachanh, responded that the report was biased and that most sources were anonymous. “It is impossible to hear good things from those foreigners who have broken Lao laws,” he said, and stressed that the Lao Constitution and penal code recognize basic human rights and prohibit torture.

 

According to Amnesty, torture and mistreatment of prisoners exist in 111 countries worldwide, including the US (which has the highest per capita rate of imprisonment in the world). Lest opponents of US-Laos relations use Amnesty’s criticism as ammunition, it is worth pointing out that the US recently led opposition to a new protocol on the Convention on Torture in the UN Economic and Social Council, since it would allow international inspectors into US prisons. Joanna Wechsler of Human Rights Watch commented on the UN convention, “It's really hard to understand why the US is working against human rights and against so many of its allies.” The US is a party to the original convention on torture, as is Cambodia; Laos and Vietnam are not.

 

 

III.             Foreign Assistance

 

Vietnam requests US assistance on Agent Orange.  As more data on the lingering effects of herbicides used in the Vietnam War become known, the Vietnamese government is stepping up its efforts to focus attention on the humanitarian aspects of dioxin contamination. Few high-level meetings in recent months have taken place without the issue of Agent Orange being raised, including (since-retired) Vice President Nguyen Thi Binh’s visit to the US and Ambassador Raymond Burghardt’s consultations with Vietnamese leaders. Following the Stockholm environmental conference, Foreign Ministry spokeswoman Phan Thuy Thanh encouraged the US to “be fully aware of its responsibilities and fulfill its spiritual and moral obligations.” Deputy Prime Minister Nguyen Tan Dung also brought up the Agent Orange issue during the recent visit of a leading State Department official responsible for MIA issues (see below).

Contrary to claims in some news reports, Vietnam has not made any specific claims for compensation or “damages,” but rather expects increased humanitarian assistance to accompany the cooperation on scientific research agreed to in Hanoi this past March. However, a group of Agent Orange victims in Vietnam is considering suing the US Government for compensation, much as American victims of toxic contamination have done.

 

Landmine survivors bill advances in Senate.  The Senate Foreign Relations Committee passed S. 1777, the International Disability and Victims of Landmines, Civil Strife and Warfare Assistance Act, with a favorable report on July 30. The measure, sponsored by Sen. Hillary Clinton (D-NY), now awaits a floor vote. A companion House bill, H.R. 3169, was cleared for a House vote last November.

 

The bill establishes new programs to help “individuals with disabilities, including victims of land mines and other victims of civil strife and warfare”  in a number of US Government departments, from USAID to Veterans Affairs and Health and Human Services. It also creates an interagency task force on disability assistance and demining. For more information, see www.banminesusa.org.

 

IV.              Diplomacy

 

Sec. Powell visits Southeast Asia.  In conjunction with the ASEAN Regional Forum in Brunei, Secretary of State Colin Powell visited eight South and Southeast Asian countries in late July and early August, with most of his destinations chosen on the basis of links with the war on terrorism. Noticeably absent from the secretary’s itinerary were Cambodia, Laos and Vietnam, although Powell did visit Vietnam last year for the ASEAN meetings held there.

 

ASEAN adopts declaration on terrorism.  Following the Brunei summit, the ten ASEAN members, including Cambodia, Laos and Vietnam, signed a joint statement with the US pledging to “prevent, disrupt and combat international terrorism.” The nations promised to work together on sharing information, joint training, and undetermined future projects.

 

Objections had been made to an earlier draft of the declaration by Indonesia, which feared a greater US military presence in the region, and Vietnam, citing the principle of non-interference in internal affairs. Changes were made in the final version to satisfy these concerns. Powell assured ASEAN delegates that the purpose of the statement was political, not military, and hoped for “a more intimate relationship” between the US and Southeast Asia.

 

Vietnam and US agree to further cooperation on MIAs.  During a week-long visit to Vietnam, Deputy Assistant Secretary of State Jerry Jennings signed an agreement with Vietnamese Deputy Prime Minister Nguyen Tan Dung on August 2 to expand joint research and MIA recovery efforts. In what Jennings called “a new era in openness,” Vietnam will engage in “a re-organized effort with more direction from the top of the government” to find missing records pertaining to US MIAs. He reaffirmed that accounting for missing Americans remains “the central guiding principle in [the US’s] Vietnam policy.”

Regarding the estimated 300,000 Vietnamese still missing from the war, Jennings said the US was assisting with DNA analysis training and opening up wartime archives. DPM Dung offered his “utmost dedication” towards settling the “humanitarian effort” of MIA recovery, and drew links to other war legacy issues as well. Since MIA cooperation began in 1986, remains of 673 Americans have been found, with 1,441 still unaccounted for in Vietnam, 400 in Laos and 58 in Cambodia. With an annual budget of $20 million plus $13 million in transportation costs for search and recovery teams, the Joint Task Force/Full Accounting program has spent approximately $835,000 per successful recovery.

 

Sec. Gen. Annan, ASEAN leaders comment on Khmer Rouge tribunal. In a response to last month’s offer from Cambodian Prime Minister Hun Sen to restart negotiations on the stalled tribunal for former Khmer Rouge leaders, UN Secretary General Kofi Annan replied that a mandate from either the Security Council or General Assembly would be required for talks to resume. According to Cambodian foreign minister Hor Namhong, Annan gave no details on when this might take place.

 

In the Joint Communique of the ASEAN ministerial meeting held in Brunei on July 29-30, the region’s foreign ministers expressed their support for “the continued efforts of the Royal Government of Cambodia to bring the senior leaders of Democratic Kampuchea and those who were most responsible for the crimes and serious violations…to trial in accordance with international standards of justice, fairness and due process of law.” The ministers added that the Cambodian government and the UN needed to cooperate and appealed to the international community for assistance. A meeting on the tribunal, chaired by Japan and the US, was reportedly held on the sidelines of the Brunei summit.

 

Ambassadorial nominee to Cambodia awaits confirmation. Charles Ray, nominated as the next US Ambassador to Cambodia in early June, has yet to receive a hearing from the Senate Foreign Relations Committee. The Senate is currently on recess until September 3 and carries an ongoing backlog of nominations. Once the hearing is held, Ray is not expected to face any obstacles to confirmation.

 

Former US Ambassador Kent Wiedemann retired from his post in May. The embassy in Phnom Penh is currently led by Deputy Chief of Mission Alexander Arvizu; a gap of several months between ambassadors is not considered unusual.

 

Cambodian parliamentarian advocates retaking Mekong Delta by force. Thach Sang, a FUNCINPEC member of Cambodia’s National Assembly, told the Cambodia Daily on July 30 that Vietnam should grant self-governance to the 900,000 ethnic Khmer living in the Mekong Delta region, referred to as “Kampuchea Krom” by Khmer nationalists. “But if the movement continues and Kampuchea Krom is not handed self-governance, the front will become an armed movement,” he threatened. Sang, a US permanent resident who lives in Massachusetts (but represents Kompong Speu province in the National Assembly), is the self-styled leader of the Kampuchea Krom National Liberation Front or KKNLF.

 

An apparently more mainstream US-based group, the Khmers-Kampuchea Krom Federation, calls on Vietnam to respect the rights of indigenous peoples and “decolonize” the Mekong Delta (see www.khmerkrom.org). Khmer irredentists claim that Vietnamese encroachment on Khmer lands in the 18th century was illegally recognized by the French colonial administration as a permanent part of Vietnam. Several thousand people reportedly gathered at a June protest in Phnom Penh marking the anniversary of the French action. (A rough American equivalent would be to argue that the Louisiana Purchase was unlawfully sold to the US by Napoleon and should be returned to its original Native American owners.)

 

According to news reports, unnamed military sources say the KKNLF poses no serious danger to Vietnam. However, Thach Sang is under investigation by both Cambodian and US authorities for threatening to use force against a foreign government.

 

Cambodian-American deportees adjust to return. Despite protests and fears to the contrary, the first six convicted felons deported from the US to Cambodia in June appear to be encountering no major difficulties. The six, part of more than 1,000 Cambodian citizens who have completed sentences in US prisons, were returned under a March bilateral agreement. A key person helping them overcome many practical problems (on a volunteer basis) is long-time NGO worker Bill Herod (e-mail bill@everyday.com.kh).

 

The US carries out similar deportations with most countries in the world (Laos, Vietnam and Cuba are among the remaining exceptions who refuse to accept deportees from the US). The Cambodian cases have been controversial in part because many came to the US as refugee children, do not speak fluent Khmer and are unprepared for Cambodian life. In a July 28 Boston Globe article, former ambassador Wiedemann said that Cambodia agreed to take them back only after the State Department threatened to withhold visas from Cambodians seeking to enter the US. The deportations have led to protests in Cambodian-American communities across the country, some of which stir up Khmer Rouge-era fears and exaggerated claims of human rights violations.

 

 

 

The Washington Indochina Update is written on a monthly basis by Andrew Wells-Dang, Washington Representative of the Fund for Reconciliation and Development. He can be reached at andrew@ffrd.org. 

 

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