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IV. ADDITIONAL VIOLATIONS AND DISCRIMINATION

VIOLATION 8: TORTURE, EXTRAJUDICIAL/SUMMARY/ ARBITRARY ARREST, IMPRISONMENT AND EXECUTIONS

Since 1975 Montagnards have been subject to torture, extrajudicial, summary and arbitrary arrest and executions. Montagnards who were connected to American involvement in the war or to Montagnard political movements were routinely arrested, executed or imprisoned. Montagnards who peacefully resist assimilation policies or repressive measures carried out by the SRV are still subject to these violations today.

The Evidence:

In 1993 the Executive Director of the Montagnard Foundation, Mr. Kok Ksor presented a human rights violation report to The Working Group of Indigenous Peoples held in Geneva. His mother back in Vietnam was arrested, interrogated and held in custody by SRV authorities.
In April 2000 a family of six Montagnards was arrested, beaten, tortured and imprisoned by SRV authorities for allegedly farming on government lands. These victims included a 12 year old boy and a pregnant women. While imprisoned, SRV authorities also force fed these victims “soap water”, beat them and denied them food. The Montagnard Foundation contacted numerous Embassies in Vietnam including Ambassador Douglas Petersen. Soon these victims were released with no statement as to why. The victims however, were offered money not to tell anyone about the treatment they had received.
The human rights organizations; Amnesty International and Human Rights Watch are denied access in Vietnam to investigate human rights abuses.
Human Rights Watch published a critical report in May 2000 concerning Vietnam’s human rights record, particularly regarding repression and arbitrary detention. In the opening summary the report states, “significant human rights problems remain”. The report also states, “The true number of those still being held in prison, house arrest or other forms of detention or restriction as critics or opponents of the government, or because of their religious beliefs or opinions, is known only to the government.” [Human Rights Watch, Vietnam: The Silencing of Dissent, Vol.. 12, No. 1 C - May 2000.]
The Far Eastern Economic Review reported in 1992 that 8,000 Montagnards were killed or captured between 1975 and 1979 by the SRV military. [Thayer, “The Forgotten Army” 10 September 1992 Far Eastern Economic Review at 16-22. Also see; Quinn-Judge “Flushing Out FULRO” 8 October 1982 Far Eastern Economic Review at 14.]
Hanoi reported battles in the Central Highlands with Montagnards as late as 1990. Military operations continued to 1992 resulting in numerous executions and imprisonment of Montagnards. Montagnard men, women and children were routinely executed and women raped. The details of these atrocities were largely kept from the world’s attention, as the Central Highlands was a restricted zone up until 1993.
Montagnard exiles in the United States reported the use of poison gas being sprayed on their villages by SRV military helicopters and water sources being poisoned with chemicals by SRV authorities. These atrocities resulted in the deaths and sickness of numerous Montagnards.
Some of the latest victims (1997) of summary execution include:

Siu Huit executed by SRV soldiers while farming near his village of Plei Breng 1 in 1997
Puih Punh executed by SRV soldiers while fishing near the village of Plei Klah in 1997.
Gonh executed at his village Plei De Droch by SRV soldiers in 1997 as he was of accused of being a member of the FULRO movement.
Ruih executed at his village Plei Thung Ro by SRV soldiers because he was wearing nice clothes in 1997.
Amech executed at his village Plei Thung Ro by SRV soldiers because he was wearing nice clothes in 1997.
Hiur executed at his village Plei Thung Ro by SRV soldiers because he was wearing nice clothes in 1997.

Note that it is impossible to quantify the exact number of executions due to the isolation of the Central Highlands. However, Montagnard exiles have compiled lists identifying some of the unprovoked killings of Montagnard civilians by SRV authorities (The list is available upon request).
In 1997 the SRV has enacted decree 31/CP which permits imprisonment up to two years for political suspects. Decree 89/ND-CP was enacted in 1998 which allows local police to establish detention centers. Many Montagnards have been imprisoned for peaceful religious and political activities.
Montagnards suspected of being connected to Americans during the war were subject to arrest and long-term imprisonment. Termed re-education camps these are in reality harsh prisons or forced labor camps. Prison sentences could be over 12 years. Many Montagnards died in captivity. Note that it is impossible to quantify the exact number of arbitrary imprisonments due to the isolation of the Central Highlands. However, it is commonly accepted that thousands of Montagnards have been imprisoned since 1975 by SRV authorities. Montagnards have compiled lists of some of these imprisonments in addition to the few noted below. (The list is available upon request)

Some of the Montagnards still held in prison on suspicion of being involved in Montagnard political groups include:

Hnhot from Plei Jong village arrested 1981. Prison unknown.
Ru from Plei Dok Kong village arrested 1982. Prison unknown.
Ban from Plei Bong Phun village arrested 1986. Prison unknown.
Ayui from Plei Bong Phun village arrested 1986. Prison unknown.
Blot from Plei Bong Phun village arrested 1986. Prison unknown.
Amot from Plei Jrong village arrested 1996. Held in Prison at Song Be, Thanh Hoa Province.

The SRV continues to maintain restricted areas in the Central Highlands specifically targeting the isolation of Montagnard villages where Montagnards are subject to human rights violations. In 1997 even the US Ambassador Douglas Peterson was denied entry into these areas by SRV authorities.

Remedial Measures:

These violations are in breach of the general principals of the Universal Declaration of Human Rights, notably Article 3 “the right to life”. They also violate the UN Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment. Further the executions and killings are genocide. We the Montagnard people request that the United Nations mandate to the SVR to respect basic human rights and cease the persecution of the Montagnard peoples.

VIOLATION 9: VIOLATIONS CONCERNING FREEDOM OF MOVEMENT WITHIN THE COUNTRY AND FOREIGN TRAVEL

Since 1975 the SRV has enacted policies specifically restricting Montagnards from traveling both within and outside the SRV. Further the SRV has officially maintained restricted zones within the Central Highlands prohibiting Montagnards from freely traveling in these areas.

The Evidence:

In 1975 the SRV sealed off the Central Highlands to foreigners. While this ban was lifted in 1993 authorities continue to maintain ‘restricted’ areas here specifically isolating numerous Montagnard villages. These areas are located throughout the Central Highlands and under authority of the SRV’s internal security service. The Montagnards in these areas are subject to strict limitations upon travel and further subjected to the repressive measures listed in this violation report.
The US Department of State reported that “there are credible reports that local authorities required members of ethnic minority groups to obtain permission to travel outside certain highland areas” [Vietnam Report on Human Rights Practices for 1997 released by the Bureau of Democracy, Human Rights and Labor, January 30 1998.]
In 1997 US Ambassador to Vietnam Douglas “Pete” Peterson was denied entry into these restricted areas by the SRV security police.
Montagnards are denied equal access to the Orderly Departure Program (ODP) as are other Vietnamese citizens. Montagnards are discriminated against and denied the ability to apply for this program, which grants emigration to the US. Montagnards are forced to pay extortionate bribes to SRV officials in order to get their relatives out of the country. This discrimination has been the subject of numerous US Congressional inquiries.
The US Department of State reported that, “members of minority ethnic groups, particularly non ethnic Vietnamese such as Montagnards, may not have ready access to these programs. The government denied exit permits for certain Montagnard applicants for emigration.” [Vietnam Report on Human Rights Practices for 1997 released by the Bureau of Democracy, Human Rights and Labor, January 30 1998.]

Remedial Measures:

Montagnards are discriminated against and denied access to freely travel both within and outside of the SRV. These restrictions and repressive measures are in direct violation of both the Universal Declaration of Human Rights, notably Article 13 and in violation of the ICCPR, notably Article 12 which guarantee the right to freely move within their state’s borders and freely leave/return to their country. These discriminatory practices are also in Violation of Article 26 of the ICCPR.

We the Montagnard peoples request the United Nations and international community bring pressure to halt these discriminatory practices cease and ensure the indigenous Montagnards are protected and granted basic human rights.

VIOL ATION 10: REPRESSION OF RELIGIOUS FREEDOM

Since 1975 all religious practices (Christian and traditional animist) have been repressed and prohibited in the Central Highlands. Churches have been closed by force and Montagnards are subject to arrest, imprisonment and harassment by SRV authorities for practicing their religious beliefs.

The Evidence:

Since 1975 the SRV government enacted policies prohibiting religious freedom specifically targeting Montagnards who are practicing Christianity or their traditional animist religions. The US State Department states the SRV, “continues to repress basic political and some religious freedoms and to commit numerous abuses.” [Vietnam Report on Human Rights Practices for 1997 released by the Bureau of Democracy, Human Rights and Labor, January 30 1998, at 2].

Human Rights Watch published a critical report in May 2000 regarding Vietnam’s human rights record particularly regarding religious repression and arbitrary detention. In the opening summary the report states, “significant human rights problems remain”. The report also states, “The true number of those still being held in prison, house arrest or other forms of detention or restriction as critics or opponents of the government, or because of their religious beliefs or opinions, is known only to the government.” [Human Rights Watch, Vietnam: The Silencing of Dissent, Vol.. 12, No. 1 C - May 2000.]

The SRV arrests and detains Montagnards for participating in religious activities deemed illegal by the SRV authorities.

Since 1975 SRV authorities forcibly closed all churches in the Central Highlands. Montagnard exiles have provided lists that include 87 churches that have been forcibly closed. (The list is available upon request)

Montagnards who are found to be conducting religious activities of any sort are subject to arrest and harassment by SRV authorities. Recent photographs smuggled out of the SRV depict how SRV authorities in January 1999 ripped down Montagnard longhouses in reprisal for participating in Christian religious activities. These Montagnards further reported that their belongings were confiscated and they were forced to live outside until they could rebuild their dwellings [See photograph on front cover page of this report].

Montagnard exiles report that their children are prevented and denied education if they or their parents practice Christianity.

Remedial Measures:

Montagnards are denied the right to freely practice their religious beliefs which include both traditional animist religions and Christianity. These repressive measures and discriminatory practices are in direct violation of Article 18 of both the Universal Declaration of Human Rights and ICCPR, namely the freedom “ to manifest his religion” and Article 26 of the ICCPR. Further these repressive measures violate Article 27 of the ICCPR in which ethnic, religious, or linguistic minorities shall not be denied the right “to profess and practice their own religion”.

We the Montagnard peoples request the United Nations and international community bring pressure to halt these discriminatory practices cease and ensure the indigenous Montagnards are protected and granted such basic human rights.

VIOLATION 11: DISCRIMINATION: HEALTH AND EDUCATION

Since 1975 the Montagnards have been subject to discrimination by the SRV authorities. These discriminatory practices relate to health, welfare and education. The SRV still maintains ‘restricted zones’ of Montagnard villages in the Central Highlands. Further, the 12 human rights violations contained in this report amount to an overall policy of discrimination.

The Evidence:

In a 1989 census reported that amongst the Montagnard Banhar People illiteracy is 80% against the 12% national average. Other reports state highland regions have 90% illiteracy. Note that overall in the SRV ethnic minorities represent about 4 percent of the student population while accounting for 13 percent of the total population. [ Hiebert, “Victims of Neglect: Lack of Education, Poor Health Plague Minorities”, Far Eastern Economic Review, 23 April (1992) at 30-32].
The Central Highlands is one of the most poverty stricken regions in Vietnam with 60% of children in mountainous regions suffering from malnutrition. [Lundberg, Vietnam, in Stokke, Suhrke, Tostensen, Human Rights in Developing Countries Yearbook 1997, Nordic Rights Publications The Hague/London/Boston at 370-371].
It was reported in 1997 that Montagnards are suffering from, “de facto discrimination” caused by the inability to participate in “national life, particularly in the economic sphere.” [Lundberg, Vietnam, in Stokke, Suhrke, Tostensen, Human Rights in Developing Countries Yearbook 1997, Nordic Rights Publications The Hague/London/Boston at 370-371].
Montagnard exiles report that their children are denied access to advance education.
Montagnards are confined to restricted zones and denied access to freely travel within and outside of the SRV [See in general Violation 9].

Remedial measures:

These discriminatory practices are in violation of the principals espoused in the UN Declaration of Human Rights, the ICCPR, the ICESCR, the UN Declaration on the Elimination of All forms of Racial Discrimination and the International Convention on the Elimination of All forms of Racial Discrimination and the UN Convention on the Rights of the Child.




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