United Nations Special Rapporteurs Addresses Formosa Steel Corp’s Responsibility to Victims of Pollution Incident

Key events

• UN Special Rapporteurs Continue to Address Formosa Steel Corporation's Responsibility in Pollution Incident
• Facebook Users Summoned for Criticisms of Police's Stunt Performance
• U.S. Lawmakers Call on State Department to Prevent Extradition of Y Quynh Bdap

UN Special Rapporteurs Question Formosa Steel Corp. Obligations in Pollution Incident

Eight special rapporteurs of the Office of the United Nations High Commissioner for Human Rights sent a letter to representatives of Formosa Ha Tinh and the Vietnamese government highlighting the impact on the environment, health, labor, and freedom of expression resulting from the environmental disaster caused by Formosa Ha Tinh Steel. 

In 2016, Formosa Ha Tinh discharged untreated chemical waste into Vietnamese waters, polluting more than 200 km of the coastline, killing 30 tons of fish, disrupting marine ecology and affecting the livelihoods of local fishermen and tourism.

The May 16 letter questioned Formosa's obligations to provide the investigation results into the pollution and update plans for financial reparations for the affected households. The UN special rapporteurs also pointed out the Vietnamese authorities' lack of transparency and accountability in monitoring Formosa Ha Tinh's compliance with environmental regulations and its failure to provide the public with timely information about the incident and adequate assistance to the victims.

Although Formosa Ha Tinh agreed to pay $500 million in settlement for the environmental damage incurred, the rapporteurs believed this amount was "insufficient" to compensate the members of the fishing industry and other costs related to the damage to the environment, public health, and the environment. The compensation each affected household is expected to receive is approximately $130, which could not compensate for the economic losses and abuses the victims suffered. The distribution of funds is non-transparent and biased, favoring members of the Vietnamese Communist Party.

The citizens' freedom of expression and assembly was effectively restricted during the disaster. The government has jailed activists and journalists who documented the incident and submitted their reports and testimonies to the UN Human Rights Mechanisms. This crackdown has nurtured misinformation and prevented the public and international communities from grasping the exact scale of the disaster. At the same time, victims of the incident have faced harassment by the Vietnamese authorities, who refused to authenticate the claims and who forced them to drop the charges alleged when they filed a lawsuit against the company in Taiwan.

In the letter, UN special rapporteurs included 17 questions for both the Formosa Ha Tinh Steel Corp. and the Vietnamese government, demanding that they supply further information on the process of consultation and reparation for local communities and verify the reported harassment and discrimination against those who reported the incident.

A representative of Formosa Ha Tinh responded to the UN letter by email on Sept. 30, which called the pollution an "isolated environmental accident" and said the company "strictly adheres to Vietnamese laws and international standards in implementing environmental protection, industrial safety, and occupational health and safety measures." The steel company also reported that it had appropriately and adequately compensated affected communities in central Vietnam, where the incident occurred. However, the evidence Formosa provided primarily came from Vietnamese government reports and sources, which raises questions about validity and transparency.

Facebook Users Summoned for Criticisms of Police Performance

The Lam Dong Provincial Police have summoned five social media users for interrogation regarding the "spread of false and distorted information" after they allegedly criticized a police motorcycle troupe performing in Da Lat City. The social media users said that the performance, which was part of a national competition on anti-riot preparedness, was dangerous and resembled a similar stunt staged by Tran Thi Ngoc Trinh, an actress and model. A Ho Chi Minh City court sentenced Ngoc Trinh to a suspended one-year sentence for "disturbing public order" after she and her motorbike instructor performed a hands-free stunt while driving a scooter in a training ground.

The police said they had questioned three social media users living in Da Lat, identified by their initials, N.D.T., 53,  B.V.T., 39, and V.M.N., 40. Another two internet users residing in the province, T.H., 42, and M.D., 33, reportedly administrators of several Facebook pages with a considerable fan base, were also interrogated. State media reported that these Facebook users had written comments criticizing the performance of the honorary motorcycle escort team of Regiment 375 under the Command of the Security Guard (Ministry of Public Security).

One of these Facebook users compared the police stunt to that of Ngoc Trinh, implying the irony of Trinh's sentencing. Another accused the public security forces of driving hands-free and swerving on the street with "a total disregard of the law." The Lam Dong police announced they were working on the indictment to persecute these social media users and would continue punishing others who "publish false content and violate the law."

The public security authorities also rejected comparisons between their performance and Ngoc Trinh's, declaring that these stunts were part of a “major political event” and had been authorized by relevant authorities.

U.S. Lawmakers Call on State Department to Prevent Extradition of Y Quynh Bdap

In a joint letter dated Oct. 10, 10 U.S. Congress members urged the State Department to prevent the impending extradition of Montagnard activist Y Quynh Bdap from Thailand to Vietnam, where he could face persecution and even torture following a conviction of "terrorism" by a court in Dak Lak Province last January. 

The four co-chairs of the Congressional Caucus on Vietnam, including Lou Correa, Zoe Lofgren, Michelle Steel, Chris Smith and six other members of Congress, called on Secretary of State Antony Blinken to intervene in the extradition of Bdap and allow the activist to settle in the United States. The letter underscored the fact that the Vietnamese court "has demonstrated a history of hasty trials, charging activists with crimes without evidence, and giving them harsh sentences under vague national security laws." 

Meanwhile, torture, intimidation, and forced confessions are prevalent in prisons in Vietnam, all of which are under the management of the Ministry of Public Security, the letter noted. The Congress members stated that Bdap's case involved transnational repression and they raised concerns over the specter of an imminent repatriation if Washington or a third country did not intervene. If that were to happen, Bdap could face coercion and would not receive due process and a fair trial after he was forced to return.

The extradition of Y Quynh Bdap also violates Thailand's Anti-Torture Act, according to the Congressional representatives, which prohibits the government from expelling, deporting or extraditing a person to another country if that person is at a significant risk of torture, inhuman treatment or enforced disappearance. Following the court's decision, Y Quynh Bdap will have 30 days to appeal, and the government will also determine whether to approve his extradition within 90 days.

Quick Take

Vietnam and China Issue Joint Statement Following Premier Li Qiang's Visit

Hanoi and Beijing have released a joint statement following the three-day visit of Premier Li Qiang to Hanoi to promote economic, defense, and ideological cooperation, enhance party-to-party relations, and better settle conflicts in the disputed South China Sea. State media of both countries commended the "success" of Li's trip, where he met with key state officials such as President To Lam, Prime Minister Pham Minh Chinh, and National Assembly speaker Tran Thanh Man. Li promised to assist Vietnam in pursuing "a steady socialist path that suits its national conditions." Lam also discussed ways to resolve disagreements over maritime disputes with Li Qiang and emphasized the importance of maintaining stability in the strategic waterway.

Vietnam Insight: Learn more about Vietnam

Innovating Vietnam’s Public Diplomacy in the South China Sea

The Diplomat/ Nguyen Thanh Long/ Oct. 16

“Vietnam’s public diplomacy campaigns must ensure that the public perceives two elements. First, Vietnam has a maritime culture and ample historical evidence supporting its sovereignty claims in the South China Sea. Second, Vietnam’s sovereignty and maritime claims adhere to international laws.

Vietnam can utilize cultural diplomacy and cultural products to convey its maritime culture, thereby attracting international attention. At the same time, Vietnam’s agencies implementing public diplomacy must focus on content and form – leveraging creativity and social media to reach the public abroad and domestically.

Vietnam should also be open and proactive in promoting research cooperation on international law related to sovereignty disputes with domestic and foreign scholars. They play a crucial role in influencing policy and promoting international recognition.”