GENOCIDE

Combined, these listed human rights violations form an overall policy of genocide intended and calculated to bring about the physical destruction of the Montagnard peoples.

Singularly, these human rights violations are also genocidal as they result in the death of Montagnard people, the physical destruction of the group and the prevention of births within the Montagnard community (as listed in Section V of this report). These clearly violate The Convention on the Prevention and Punishment of the Crime of Genocide.

Singularly, these human rights violations also breach instruments of international law. These relate to:

 LACK OF SELF-DETERMINATION

The Montagnards are denied self-determination under the ICCPR and ICESCR in the identically worded Article 1, which guarantees the right “to freely determine their political status and freely pursue their economic, social and cultural development.” This further raises the issue of Montagnard autonomy by applying The Declaration on the Granting of Independence to Colonial Countries and Peoples, for in 1946 the French colonial government actually created a Montagnard state. In further consideration is the Charter of the United Nations. Here Chapter XI, Article 73 refers to member nations that assume responsibilities over non-self-governing territories, namely: 

1. to ensure, with due respect for the culture of the peoples concerned, their political, economic, social and educational advancement, their just treatment, and their protection against abuses;

2. to develop self-government, to take due account of the political aspirations of the peoples, and to assist them in the progressive development of their free political institutions, according to the particular circumstances of each territory and its peoples and their varying stages of advancement; 

FORCED ASSIMILATION “CULTURAL GENOCIDE”, DISCRIMINATION AND HUMAN RIGHTS ABUSES

The SRV notably violates Article 27 of the ICCPR. The Human Rights Commission has ruled on these issues as discussed above under Violations 3, 4, 5, 6 and 7.   The SRV is denying the Montagnards the right to enjoy their own culture, to profess and practice their own religion, or to use their own language. The SRV breaches the Universal Declaration of Human Rights by committing discrimination and the 12 listed violations. The SVR violates 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. 

 CUSTOMARY INTERNATIONAL LAW

The SRV is violating the norms of customary international law relating to indigenous peoples as the influence of Article 27 (ICCPR) extends even to states which haven’t acceded to the ICCPR. The Inter-American Commission on Human Rights of the Organization of American States considered Article 27 in regards to the indigenous Indians of Nicaragua [The Miskito Case, Case No. 7964 (Nicaragua), Inter-Am. C.H.R. OAS Doc. OEA/Ser.L/V/II.62, doc. 10, rev.3 (1983), OEA/Ser.L/V/II.62, doc.26 (1984)] and stated that,

 “special legal protection is recognized for the use of their language, the observance of their religion and in general, all those aspects related to the preservation of their cultural identity. To this should be added the aspects linked to productive organization, which includes amongst other things, the issue of ancestral and communal lands.”

Regarding the Yanomami Indians of Brazil [The Yanomami Case, Case No. 7615 (Brazil), Inter-Am. CHR., OAS Doc. OEA/Ser.L/V/II.66, doc. 10, rev. 1, at 24 (1973)] the commission also viewed expropriations of traditional Yanomami lands as threatening not only to their physical survival but also to their traditional culture. The commission used Article 27 and recognized the right of ethnic groups to the, 

“special protection on their use of their own language, for the practice of their own religion, and, in general, for all those characteristics necessary for the preservation of their cultural identity.”  

More recently in 1997 the Japanese courts relied on Article 27 in finding that Japanese indigenous Ainu peoples are a distinct minority and granted them protection to enjoy their own culture.

 In 1983 the UN General Assembly called for the recognition of basic rights for indigenous peoples. These include their identity, access to land, resources, protection of their traditions and culture.

 The International Court of Justice recognized land rights owed by states to peoples [Western Sahara, Advisory Opinion, 1975 I.C.J. 12].  

As far back as the 1830’s the US Supreme Court declared its indigenous Indians tribes as “domestic dependant nations” [Cherokee Nation v Georgia (1831) 30 US (5 Pet) at 16-17] and that they acquired, “territorial boundaries, within which their authority is exclusive” [Worcester v Georgia (1832) 31 US (6 Pet) 561-562.]. 

However, these rights do not exist for the Montagnard people - even though we inhabited the Central Highlands for 2000 years and were granted autonomy by the French in 1946. Today our people are faced with forced assimilation and genocidal practices. Unless action is urgently taken we the indigenous Montagnards  - will be lost forever.    

  B.    RECOMMENDATIONS  

1. The Socialist Republic of Vietnam should immediately cease all human rights violations enacted upon the Montagnard peoples, namely the forced assimilation, discriminatory and genocidal practices listed in this report and ensure in good faith all necessary measures to remedy these continued and sustained violations are undertaken. 

2. The Socialist Republic of Vietnam take all necessary measures to ensure it is following accepted international standards of human rights in relation to indigenous peoples and its obligations under international law and further recognize the Montagnards as indigenous peoples.   

3. The United Nations immediately organize an investigative committee to fully mediate, investigate, oversee and ensure all necessary measures are carried out to remedy the continued and sustained human rights violations contained in this report.  

4. The United Nations initiate immediate measures to develop a forum for discussion between the Montagnard Foundation Inc. and the Socialist Republic of Vietnam in order to reach acceptable solutions for both sides.  

5. The international community be advised of the continued and sustained human rights violations upon the Montagnard peoples and pressure brought to ensure these violations are remedied according to international standards.  

The Montagnard Foundation, based in South Carolina, USA was formed to protect the Montagnards/Degars still living in the Central Highlands of Vietnam and to preserve their remaining culture. Mr. Kok Ksor, an original member of FULRO movement since 1964 is leading the organization. He was sent by his leader Y-Bham Enuol for the purpose of gaining peaceful world assistance for his people and has never wavered from his original mission. Kok Ksor has regularly attended the United Nations Working Group on Indigenous Peoples. He has made presentations to numerous US Veterans organizations and spoken at the Vietnam War Memorial in 1995.