June 6, 2000

The Honorable Chairman

SubCommittee of Ways and Means

Washington D.C. 20500

Mr. Chairman:

Thank you for the opportunity to present testimony concerning the direct experience of the Khmer Krom People in Vietnam within the context of the Jackson-Vanik Amendment waiver review. While we recognize that immigration and human rights can best be fostered in a climate of economic and trade development, we firmly believe that diplomatic pressure is essential to effect political reform.

Thus, we respectfully submit information opposing the Jackson-Vanik Amendment waiver based on the Vietnamese record to date on immigration and Human Rights. When the Government of Vietnam (GOVN) makes significant progress in these critical areas, we would happily support the waiver since it would signal true progress toward bettering the lot of our people.

There are many cases of Khmer Krom people being denied because of their background. There are multiple bureaucratic roadblocks, bribery, and pervasive corruption at all levels of government in Vietnam creating additional obstacles to free emigration. In many instances, applicants to U.S. resettlement programs are required to pay huge amounts of money. The bribes range from several hundred to a several thousand dollars.

According to State Department reports, ethnic minorities suffer the most from corruption. There are reasons to believe that many victims of racial persecution in Vietnam are among ethnic minorities, especially the Khmer Krom people in the Mekong Delta. The very disclosure of their qualifications to immigrate to the US--under various programs such as ODP or HO--are tantamount to an admission of guilt for cooperation with Vietnam’s enemies. A significant number of Khmer Krom are currently under house arrest or in hiding.

Since the beginning of the HO and OPD Programs there has been little progress in immigration for the ethnic Khmer Krom. Of the thousands of Khmer Krom of interest to the U.S., only a handful of cases have been identified and granted exit visas. Since the first waiver was granted in 1998, the Federation has noted no increase in immigration as measured by Federation Membership.

The very first sentence of section 402(a) of the Trade Act of 1974 said that the amendment is "to assure the continued dedication of the United States to fundamental human rights..." With that in mind, Vietnam's human rights record does not warrant the waiver of the Jackson-Vanik amendment. Vietnam continues to violate the human rights of the ethnic minorities, particularly, the Khmer Krom people.

On April 19, 1999, the Vietnamese government issued Administrative Decree 26, titled Decree of the Government Concerning Religious Activities.

In this 29-articles long decree, the Vietnamese government laid out some serious restrictions on religious freedom.

Article 20 dictates that "the consecration of those who carry the title of Abbot in the Buddhist religion, of cardinals, bishops, administrators in the Catholic Church, and of dignitaries of equivalent function of other religions, must receive the approval of the Prime Minister."

Article 21 reads that "the nomination and transfer of clergy, religious and specialists in religious activities must obtain the approval of the Peoples Committee whose administrative management covers the territory of their activities."

Article 24 requires that "religious organizations and officials, in order to invite to Vietnam religious organizations and officials from abroad, must obtain the authorization of the Bureau of Religious Affairs."

Article 25 dictates that "in order to organize a particular gathering within a place of worship, it is necessary to obtain authorization from the President of the Peoples' provincial committee."

It is important to note that human rights violation in Vietnam is not limited to religious freedom. Three years ago, on April 14, 1997, the Vietnamese government issued Administrative Decree 31, titled Government Administrative Detainment Policy, which gives the police the power to detain anyone suspicious of "infringing on the national security" from 6 months up to 2 years without trial.

Over one year ago, Reuters reported on 5/20/99 that the government "has amended its strict press law to tighten state control over official media and set rules that all reporting must be of benefit to the country." Not only they clamped down on free speech for every citizen, the Vietnamese Communist Party restricted their own party members' free speech. On 6/7/99, the Associated Press reported that the Politburo decided to ban party members from "distributing documents that question party policies and decisions, and may not write anonymous letters or make accusations against people they disagree with."

Rather than improving on Human Rights, the GOVN appears to be backsliding since the first waiver was granted in 1998.

The people of Khmer Krom are the indigenous people of the Mekong Delta of southern Vietnam. They have lived in the Mekong since the 1st Century. They are descendants of the highly advanced Khmer Empire--builders of Angkor Watt. Ethnically distinct, the Khmer have a different language as well.

In 1857 the French, under Napoleon III, placed Cochin China (as they called the Mekong Delta) under a protectorate. On June 4, 1949, the French ceded Cochin China to the last Emperor of Vietnam, Bao Dai, without a plebiscite or agreement of the Khmer Representatives.

The Khmer Krom now number between 8-10 million. During the war, they were loyal allies and fought with great distinction with the US Special Forces in dangerous, experimental unit--the Mobile Guerilla Force. Khmer Krom were not just soldiers--they were elite fighters. Under US Special Forces commanders, who trained them to fight outnumbered, and outgunned, the Khmer Krom penetrated deep into enemy territory. Without artillery support, or hope of reinforcements, they turned suicide missions into successes. In tribute to their service, General Williams C. Westmoreland cited their discipline, courage, and sacrifice in recovering the black box of the U2 plane that crashed deep in the enemy territory in 1966. The mission was so important to the United States that U.S. President Johnson was immediately notified for its recovery.

There are five other books and many eyed witness accounts of former US Green Berets providing testimonies for these exceptional soldiers. Viet Nam is punishing the Khmer Krom for their service to the US. The Vietnamese should make peace with their own people, if they want the fruits of a full relationship with America.

Mr. Chairman,

While hoping to win Normal Trade Relation from the United States, the Vietnamese government continues to violate the US and international Human Rights laws by destroying sacred religious site of ethnic Khmer Krom in Ho Chi Minh city and many other provinces. I would like to bring to your attention such violations and ask for your help to save the Khmer Krom People from extinction under the Vietnamese communists.

Culturally, the Khmer Krom culture is under a constant pressure by the "assimilation" policies of the Vietnam government. The Khmer Krom culture, deeply rooted in Hinayanna Buddhism, is now crumbling. Originally, there were about 700 Khmer Buddhist temples all over South Vietnam or former French Cochin-China. However, under the Vietnam government's hostile policies of assimilation, many temples have been destroyed. As a result, the Khmer Krom people in those areas have been uprooted, eliminated or forced to assimilate. The number of Khmer Buddhist temples is now reduced to a remaining of only 560. The Khmer Krom temples are constantly scrutinized by agents of Vietnam Fatherland Front, a branch of the Vietnam communist government. They are to dictate the religious practices as well as changing the built-in characters of the Khmer to assimilate the Vietnamese culture.

Evidently, the new building has been funded by Vietnam government to represent Khmer traditions in the province of Travinh has been artistically skewed to deviate from the true Khmer cultural characteristics to impose the Vietnamese culture upon the Khmer, and mislead the local and international tourists on the Khmer traditions. In many of the Khmer cultural festivities, the Vietnam government has subtly introduced many Vietnamese cultural characters, which the Khmer population are forced to accept them to be part of Khmer traditions, etc.

Recently, the government of Vietnam has ordered and destroyed the century old and sacred religious site of the Khmer Krom People in the city of Ho Chi Minh. Namely, they destroyed the sacred Pali School building, and spiritually disturbed the Bodhi Tree where the remained of Khmer Krom ancestors have been kept for century and paid tribute every year. Under the same Bodhi Tree, the remained of thousands of Khmer Krom Fighters whose lives have been dedicated along with the US Armed Forces during Vietnam War. The sacred site is at:

Watt Chantaraingsey Temple

164 / 235 Tran Quoc Thao

Phuong 7, Quan 3, Hochiminh City

Most recently in January this year, in the province of Travinh, the government of Vietnam has ordered all 141 abbots of the province's 141 Khmer Krom Buddhist Temples to a concentration site in the province. In other provinces of the Mekong Delta, the Khmer Krom abbots are suffering from similar Vietnam Government’s tactics. These religious leaders have been intimidated, humiliated, mentally tortured and threatened to imprison for anyone of these abbots who dare to inspire and even to dream of welcoming the Millennium celebration. By the same token, the Security Department from Hanoi has sent their secret police agents to intimidate and mentally torture Buddhist monks of Khmer Krom ethnic origin who are from the US, while they (Buddhist monks) came to visit their former temple and hometown.

The Khmer Krom People in the entire province of Soctrang are forced to celebrate Kathinatean (Giving clothing to Buddhist Monks) on the same day. This act has violated of Buddhist principles and practices, which to celebrate this festival in any day during the month of November. This violation has been aware by the UN Human Rights delegation during their visit in Vietnam in October, 1998.

At the millennium celebration January 1st, 2000, the Khmer Krom People in Cambodia had been blessed with permission from the government of the Kingdom to celebrate the Millennium events. Unfortunately, Hanoi regime has dispatched their secret police agents to intimidate and to create psychological nightmares within the Khmer Krom communities in Cambodia. Etc.

During the WWII and after 1975, Human Rights of this minority have been brutally abused by the Vietminh and the government of the Socialist Republic of Vietnam respectively. Their sufferings could only be paralleled to the recent sufferings of the ethnic Albanian in Kosovo, and the East Timor people in Indonesia. As an example of above fact, a recent newspaper report on March 16, 1999 about the religious right and freedom in Vietnam as the following:

Clearly, the Khmer Krom people's ability to exercise their religious freedom has been hindered by the Vietnam government.

Economically, the Khmer Krom are indigenous and land is the main source for their viability. Since their land has been encroached and occupied by the Vietnamese in the past, and such activities are continued until now. Thus their only economic resource is shrinking. Their economic status is reducing from landowners to barely physical laborers for less than 1.0 dollar (US) per working day. They are living ten folds below poverty level but the government of Vietnam constantly prevents any international organizations to observe the facts to help these people. The Khmer Krom People, whose farmland is the only vital source for their sustenance, which has been deprived and deceived by land policies of Vietnam government, and as a result there are now over 95% of Khmer Krom living in harsh conditions of 10 folds below poverty level, they barely live without stable job, without sufficient foods and medicines.

There seems to be no genuine effort of the Vietnam government to develop Khmer Krom people economically. Therefore, education for the Khmer Krom children is poor in both percentage attending grades schools and higher education. According to our records, no Khmer Krom students have been allowed to study abroad. According to Deutsche Presse-Agentur, reported from Hanoi on Friday, November 13, 1998: only 20 students of Vietnam's millions of ethnic minorities have been selected to attend higher education. This demonstrates that the Khmer Krom and other minorities are not allowed to have opportunities to live their lives in the modern society. Their future is now at stake.

A newspaper published inside Vietnam, Tien Phong (the pioneer) dated 5/9/1999 has identified some of the wide-spread and typical abuses of Vietnamese officials toward the Khmer Krom farmers by robbing their land, their crops or their house:

The Vietnamese communist government in 1976, and again recently have murdered, imprisoned and persecuted, Khmer Krom people including political and religious leaders and general public to expedite its assimilation policies of minorities. Additional examples of blatant violations on the basic human dignity and freedom of the people of Khmer Krom are:

The Khmer Krom People civic and religious leaders have been murdered by Vietnam Communist government included: Dr. Son Ngoc Thanh, Senator Son Thai Nguyen, Mr. Son Thuong, Ven. Kim Sang, Ven. Lam Em, Ven. Thach Phok, Ven. Thach Ret, Ven. Yim Rong, Ven.Thach Ngos, Ven. Kim Toc Chuong, and countless number of others.

The Khmer Krom People, whose children have been discriminated in education, and the Vietnam government provides them no real venue for advancement, thus minimum number of them are being able to get access into higher education in Vietnam, and none of them is being sent to study abroad, where sources of modern technology have been originated and developed.

On behalf of the Khmer Krom People, the Khmer Krom Federation recommends that the waiver be extended only after Vietnam agrees to:

1) comply with US Laws, Charters of the United Nations, the Universal Declaration of Human Rights and Minorities Rights, and respect the rights of Khmer Krom people and others in Vietnam; and

2) end forced assimilation of the Khmer Krom people and other ethnic minorities, and stop implant communist agents as religious leaders in the Khmer Krom Buddhist temples, let the Khmer Krom Buddhist monks elect their own leaders without interference from GOVN; and

3) stop persecuting the Khmer Krom veterans who formerly fought side by side with the US Armed forces during the Vietnam War and now are living in Vietnam; and

4) practice equal access to job opportunities to Khmer Krom; and

5) allow for Khmer Krom students from Vietnam to attend the U.S. universities, and to allow more visas for the Khmer Krom students from Vietnam to access the US colleges and universities; and

6) stop interfering with curriculum and education programs of Khmer language to the Khmer Krom children. Let the Khmer Krom children learn the authenticity of Khmer language, not the new one design by the government of Vietnamese communists to brain wash the Khmer Krom children from learning the real Khmer language; and

7) allocate a 10% quota on products and services from Vietnam that are being allowed to access US markets, in such ways that the above percentage of products and services must be produced or served by Khmer Krom workers and/or Khmer Krom’s owned businesses respectively; and

8) permit for international organizations and/or US' Non-Governmental Organizations to consider providing their services for the Khmer Krom people in the Mekong Delta areas of Vietnam; and

9) distribute equally of international aids of any form to the Khmer Krom and minority people in Vietnam; and

10) yield portion of aids from the US Department of Agriculture to Vietnam for assisting the Khmer Krom farmers to:

a) educate them the know-how techniques to increase crop yields by such measures as rotating agricultural products.

b) make available directly to KK farmers chemicals for plant nutrition, pest control and fertilizers.

c. provide capital equipments, and technological assistance and expertise to Khmer Krom peasants and merchants; and

11) allow the US Embassy in Hanoi and US Consulate in Hochiminh to freely monitor the human rights for the Khmer Krom and other ethnic minorities in Vietnam; and

12) ask the United Nations High Commissioner for Human Rights to establish the UN offices in the Mekong Delta areas to monitor human rights abuses against the Khmer Krom people; and

13) return all properties that government of Vietnam or its agents have confiscated from the Khmer Krom people in all provinces of South Vietnam, including but not limited to lands, buildings, religious sites, cultural centers, etc.

14) stop forcing the Khmer Krom in the province of Soctrang from celebrating the Katinatean on the same day in the entire province.