“Mọi người có quyền tự do ngôn luận; quyền này bao gồm tự do tìm kiếm, tiếp nhận và phổ biến mọi loại tin tức và ý kiến, không phân biệt ranh giới, bằng truyền miệng, bản viết hoặc bản in, bằng hình thức nghệ thuật, hoặc thông qua bất cứ phương tiện truyền thông đại chúng khác theo sự lựa chọn của mình” (Điều 19,2 Công ước Quốc tế về các quyền dân sự và chính trị, Liên Hiệp Quốc biểu quyết năm 1966, Việt Nam xin tham gia năm 1982). (Everyone shall have the right to freedom of expression; this right shall include freedom to seek, receive and impart information and ideas of all kinds, regardless of frontiers, either orally, in writing or in print, in the form of art, or through any other media of his choice.)

T À I   L I Ệ U

Khối 8406 Tuyên Ngôn Tự Do Dân Chủ Cho Việt Nam 2006
Bloc 8406 of Manifesto on Freedom & Democracy for Viet Nam 2006
Email :  VP8406VN@gmail.com  &  VPLL8406VN@gmail.com
..........................................................................................................

Vietnam, 08 Dec. 2006

I. Based upon:
1- The Universal Declaration of Human Rights, adopted by the United Nations in 1948, and acceded to by Viet Nam in 1977, Article 19 : “Everyone has the right to freedom of opinion and expression; this right includes freedom to hold opinions without interference and to seek, receive and impart information and ideas through any media and regardless of frontiers.”

2- The International Covenant on Civil and Political Rights, ratified by the United Nations in 1966 and acceded to by Viet Nam in 1982, Article 19 : “1- Everyone shall have the right to hold opinions without interference. 2- Everyone shall have the right to freedom of expression; this right shall include freedom to seek, receive and impart information and ideas of all kinds, regardless of frontiers, either orally, in writing or in print, in the form of art, or through any other media of his choice.”

3- The Addendum to the Universal Declaration on Human Rights, ratified on 9 December 1998 on the 50th Anniversary of the Declaration (1948-1998), Article 6 : “Freedom of Speech and Expression: According to article 19 of the Universal Declaration: “Everyone has the right to freedom of opinion and expression; this right includes freedom to hold opinions without interference and to seek, receive and impart information and ideas through any media and regardless of frontiers.” Everyone has the right to keep their opinions and to express their opinion without interference from the government.”

4- The Constitution of the Vietnamese Communist Government (VCG), 1992, Article 146 : “The Constitution of the Socialist Republic of Viet Nam is the fundamental law of government, and shall have the highest legal authority. Any legal document must be in accordance with this Constitution.” And, Article 69 : “The citizen shall enjoy freedom of opinion and speech, freedom of the press, the right to be informed, and the right to assemble, form associations and hold demonstrations in accordance with the law.”

II. Bloc 8406 adamantly assert:
1- Part b of Article 146 of Viet Nam’s 1992 Constitution, which states: Any legal document must be in accordance with this Constitution,” is the foundation which renders ineffective any Ordinance, Directive, Resolution, Decree, Circular …, if it is not in accordance with the Rights of Citizens as recognized and stated in the Constitution. Not only that, it also renders ineffective any Article within this Constitution which is contradictory to the above-stated Rights of Citizens, since in that case the constitution itself is unconstitutional (self-contradictory.)

2- If any Law, Order, Ordinance, Directive, Resolution, Decree, Circular, … is contradictory to the basis of Article 69 of Viet Nam’s 1992 Constitution, “The citizen shall enjoy freedom of opinion and speech, freedom of the press, the right to be informed, and the right to assemble, form associations and hold demonstrations”, then that legal document is ABSOLUTELY UNCONSTITUTIONAL, even though that Constitution contains many self-contradictions, as well as contradictions with the Universal Declaration and the International Covenant… currently adopted by the United Nations, since it is based upon the totalitarianism of the dictatorial communist party, not worthy of the title “Constitution”, and certainly will be demolished and replaced according to the will of the Vietnamese People in the very near future.

3- Therefore, the phrase, “according to the law’’, which is appended to Article 69 (as well as to Articles 54, 57, 62, 68, 73, 80 of the Vietnamese Constitution), which any totalitarian regime would cunningly applyin order to restrain and wipe out any rights recognized by Article 69, is rendered ineffective by Part b of Article 146.

4- Therefore, Directive 37/2006/CT-TTg signed by Mr. Nguyễn Tấn Dũng on 29 November 2006 in order to implement the Conclusion Notice No. 41-TB/TW issued by Viet Nam’s Political Bureau regarding measures to increase the Vietnamese Government’s oversight and management of the press, signed by Mr. Trương Tấn Sang on 11 Oct 2006, is unconstitutional and contradictory to Article 19 and 146 of Viet Nam’s 1992 Constitution, as stated in item 2 of part d: “Shall frequently monitor, direct, and implement the process of encouragement, commendation and reward to promote the rule of the press; at the same time, direct prompt measures and discharge legal matters according to the law of any violation committed by the press. Shall not privatize the press under any form and shall not let any organizations or individuals take advantage of or control the press to serve their own purposes, to threaten any benefit to the country.”

5- The VCG’s Law on The Press, 1989, Article 10: “To ensure the correct use of freedom of speech in the press, the press must abide by the following : 1. Not to incite the population to oppose the State of the Socialist Republic of Viet Nam, or undermine national unity… 3. Not to reveal State secrets, military, security, economic foreign relations secrets or other secrets stipulated by law.” 1999’s Law Amending and Supplementing 1989’s Law on The Press, Article 6 : “2. Journalists shall have the following obligations: … b. To defend the Party’s line, directives and policies and the State’s laws, to discover and defend positive factors; to prevent and combat erroneous ideas and acts”.

This evidence shows that to the Communist Party of Viet Nam (CPV), the foremost and highest priority of the mass media is to serve only the longevity of the CPV and the VCG. Any crime or mistake committed by the CPV or the VCG is classified as a matter of national security, so the press is prohibited from reporting on it !!! One of the many contradictions existing within the society of Viet Nam is that the government, which refers to itself as “the servants,” owns 600 newspapers and controls all form of media ; while the People, which the government refers to as “the Masters,” have not the right to publish even one small newspaper !!!

6- The above-stated legal documents issued by the VCG are in serious violation of many International Declarations and Covenants, as stated in items 1, 2, and 3 of Part I of this Letter of Protest.

III. Based upon these foundations, Bloc 8406 adamantly and unanimously assert to the International Conscience and the International Community:
1- We adamantly oppose the above-stated articles of the Vietnamese Government’s Law on The Press, currently being enforced by the VCG, and demand that the VCG must abolish or amend those articles that contradict Freedom of Information, Freedom of Expression and Freedom of The Press as ratified by the United Nations.

2- The Political Bureau of the CPV issued Conclusion Notice No. 41-TB/TW on 11 October 2006, regarding the press in Viet Nam, but intentionally covered it up, in order not to jeopardize any support they might receive for joining the WTO, and for hosting APEC 14-2006. However, immediately after Viet Nam’s membership in WTO was granted (7 Nov 2006) and Viet Nam’s hosting of APEC was complete (19 Nov 2006), Mr. Nguyễn Tấn Dũng immediately signed “Directive 37 on measures to increase the Vietnamese Government’s oversight and management of the press” on 29 November 2006.

Thus it is proven that the VCG still maintain: (a) a totalitarian mentality, treating the Vietnamese People like slaves and weeds which must obey only the ultimate will of the party, which is fundamentally the Political Bureau. (b) a frightened mentality due to fear of truth. When they are not able to maintain the appearance of righteousness, they turn infantile and stubborn, and despite its hopelessness, continue to try to seal the mouth of the People. (c) a policy of stupefaction of the People, wishing to brainwash all citizens to say only what the party says, know only what the party permits them to know, and only believe what the party tells them to believe; and to consider the party a source of truth and goodness. (d) a policy of suppression, using their power to prohibit any revelation of any crime or mistake of the party, in particular of the Political Bureau, the members of the Central Committee, and high-ranking government leaders. (e) a dull-witted mentality, refusing to see the global inclination toward democracy, transparency and fairness; the yearning of the People to speak up for Truth, and refusing to acknowledge the miraculous and undefeatable power of mass media. (f) a deceitful mentality -- betraying, deceiving, and confounding the Vietnamese People, the International Community and the Historical Record.

3- On the Anniversary of the Universal Declaration on Human Rights on 10 December 2006, we earnestly call for the United Nations, the National Assemblies, the Governments, and the Leaders who attended APEC 14-2006 in Viet Nam, International Human Rights organizations, International Media organizations, and all Vietnamese abroad to: firstly, recognize the deceptions perpetrated by the VCG and take caution in diplomatic cooperation; and secondly, find ways to effectively apply pressure to force the VCG to adhere to the civilized principles to which they have acceded and adopted alongside the international community, to treat their Citizens according to laws that are consistent with the fundamentals of the beliefs of the United Nations. We especially call for the intellectual and the religious leaders, who more than anyone else recognize that “Freedom of Expression is the soul of all freedom”, to take seriously the moral obligations of speaking for Truth, Justice, Compassion and Dignity. We wish Vietnamese scholars to take the lead in the journey to free our People from the web of deceptions, the chain of fear, and the darkness of the dull-witted.

4- We strongly hope and anxiously await that 8,000 journalists representing more than 600 newspapers inside Viet Nam will always hold high their honor, their conscience and their professionalism; will serve the people and the Truth, and not as a housekeeper for the CPV; will courageously speak up about the agonies, the hopes, and the wishes of the Vietnamese People; and will refuse to serve as mere instruments of propaganda for a group who place themselves above the Law and have led our Country to a dead end.

We sincerely admire those Peaceful Democratic Fighters who are currently writing history with their own blood, ready to sacrifice their lives so that the Vietnamese People can live in freedom, ready to be captured and confined in tiny prison cells so that the Vietnamese People can be freed from a larger prison, ready to be suppressed so that others can speak up freely, ready to accept agony and mortal danger to challenge any outrageous, unjust article of the law, and ready to accept any oppression to fight for the Freedom for the Vietnamese People, the children of the Lac Bird.

5- On this occasion, we would like to restate our urging and our suggestion that, if possible, all Members of Bloc 8406, domestic or international; all Members of the Alliance for Human Rights and Democracy for Viet Nam; all Vietnamese who yearn for Freedom and Democracy; and all international friends who share our deep concern for Democracy for Viet Nam:

Choose two days : the 1st and the 15th of each month,
beginning on 01 Dec 2006, to be:
DEMOCRACY DAY FOR VIETNAM
THE PEOPLE’S DAY OF THE WHITE SHIRT
When at work, at school, and in all normal activities – cultural, recreational, etc…
(with the exception of cold conditions requiring a sweater) :

- Support Pro-Democracy activists who are under brutal oppression inside Viet Nam.
- Encourage people to be mindful of the fight for the democratization and the freedom of press of Viet Nam.
- Remind the VCR of the fact that the Vietnamese People are yearning for Freedom and Democracy for our Fatherland, and that nothing can reverse this trend.

.......................................................................................................................................... Comment Box: