Interim Report - Report No 139, 1974

Case No 751 (Viet Nam) - Complaint date: 18-APR-73 - Closed

1. 515. The complaints and further information presented by the complainants are contained in four communications, dated 18 April, 26 and 28 May and 28 September 1973, from the Railway Workers' Federation of Viet-Nam, a communication dated 12 June 1973 from the Local Trade Union of Railway Workers of Qui Nhon, and two communications - one sent during June 1973, the other dated 8 August 1973 - from the Local Trade Union of Railway Workers of Nha Trang.
2. 516. The texts of the above-mentioned communications were transmitted to the Government as they were received and the latter furnished its observations in three communications dated 2 June, 31 August and 27 October 1973.
3. 517. The Republic of Viet-Nam has not ratified the Freedom of Association and Protection of the Right to Organise, Convention, 1948 (No. 87), but has ratified the Right to Organise and Collective Bargaining Convention, 1949 (No. 98).

A. A. The complainants' allegations

• Allegations concerning the Arrest of Twenty-Two Trade Union Leaders
  518. 518 In their communication of 18 April 1973, the complainants allege that twenty-two central and regional representatives of the Railway Workers' Federation of Viet-Nam were arrested during the night of 17-18 April 1973, following a peaceful strike to demand the review of minimum guaranteed wages. According to the complainants, the trade union leaders who managed to escape were sought by the Vietnamese police.
  519. 519 In their communication of 26 May 1973, the complainants state that the persons arrested were finally released and they enclose a communiqué expressing their satisfaction at the release of the trade union leaders.
  520. 520 In its reply of 2 June 1973, the Government states that the allegations are without foundation since the twenty-two persons mentioned were arrested for activities endangering the security of the State.
  521. 521 The trade union leaders having recovered their freedom, as is stated by the complainants, the Committee recommends the Governing Body to take note of this fact and to decide that it would be pointless to continue its examination of this aspect of the case.
• Allegations concerning the Imprisonment of Hoang Xuân Dông and the Police Search for Two Trade Union Leaders
  522. 522 In its communication of 28 May 1973, the Railway Workers' Federation of Viet-Nam alleges that Hoang Xuân Dông, General Secretary of the Federation, was arrested and imprisoned on 27 May 1973.
  523. 523 In its communication of 12 June 1973, the Local Trade Union of Railway Workers of Qui Nhon supplies further information on the arrest of Hoang Xuân Dông, which is said to have been carried out by the security services. In addition they state that a vigorous search is being carried out for the President of the Federation.
  524. 524 The Trade Union of Railway Workers of Nha Trang, in its communication of June 1973, repeats the allegations mentioned in paragraph 523.
  525. 525 Enclosing a press cutting with their communication of 8 August 1973, the complainants provide further information concerning the arrest of Hoang Xuân Dông. The latter is said to have been charged with mobilising workers, disturbing security, inciting railway workers to strike and committing offences against national security. He is now alleged to be detained at the Tam Hiêp rehabilitation centre. A police search is still said to be going on for Trân Trong Dat, the President of the Federation.
  526. 526 According to the complainants, the imprisonment of Hoang Xuân Dông is unjustified since he was acting in the defence of the railway workers' claims, by peaceful means and in conformity with the regulations in force.
  527. 527 In the communication dated 28 September 1973, Hoang Xuân Dông announces his release and the suspension of the sentence passed on him (16 months' imprisonment for "undermining public security" and a two years' suspended prison sentence for "conspiracy"). The suspension of sentence is, however, only a temporary measure and can be repealed at any time. He alleges that the police are still searching for the President and Vice-President of the Railway Workers' Federation of Viet-Nam.
  528. 528 In its reply of 31 August 1973, the Government of the Republic of Viet-Nam confines itself to stating that Hoang Xuân Dông was charged with activities endangering state security and adds that his case will be considered by the competent court within the next two or three weeks. In its communication of 27 October 1973, the Government states that a military tribunal sentenced Hoang Xuân Dông to eighteen months' imprisonment for subversion and a two years' suspended sentence for conspiracy. Execution of the judgement has, however, been suspended.

B. B. The Committee's conclusions

1. 529. As regards the arrest of trade union leaders, the Committee has already stressed on several occasions' the importance it has always attached to the principle that, whenever trade unionists are arrested, including cases where they are charged with political or criminal offences which the Government considers to have no relation to their trade union functions or activities, the persons concerned should be given a prompt and fair trial by an independent and impartial judicial authority. When it has appeared to the Committee, from the information supplied to it, that the persons concerned have been judged by the competent judicial authority, that they have enjoyed the safeguards of proper judicial procedure and that they have been sentenced for acts unrelated to trade union activities or which are beyond the framework of normal trade union activities, the Committee has considered that the case called for no further examination. It has, however, emphasised that the question whether the grounds for the sentences imposed related to a criminal offence or to the exercise of trade union rights was not one that could be determined unilaterally by the government concerned but was a matter for the Committee to decide, after examining all the information available and, above all, the text of the judgement.
2. 530. In these circumstances, the Committee recommends the Governing Body to request the Government kindly to supply the text of the judgement pronounced together with the grounds adduced therefor, and to furnish its observations on the allegations concerning the search for the President and Vice-President of the Railway Workers' Federation.

The Committee's recommendations

1. 531. As regards the case as a whole, the Committee recommends the Governing Body:
   • (a) as regards the allegations concerning the imprisonment of twenty-two trade union leaders
   • (i) to take note of their release;
   • (ii) to decide that it would be pointless to pursue its examination of this aspect of the case;
   • (b) as regards the allegation concerning the arrest of Hoang Xuân Dông and the search for two trade union leaders, to request the Government kindly to supply the text of the judgement pronounced together with the grounds adduced therefor, and to furnish its observations on the allegations concerning the search for the President and Vice-President of the Railway Workers' Federation; and
   • (c) to take note of this interim report, it being understood that the Committee will submit a further report to the Governing Body when it has received the information requested from the Government.