Vietnam: Information on human rights violations committed by the Vietnamese army during its occupation of Cambodia

Vietnamese military forces began their occupation of Cambodia in January 1979 and remained in the country until 1989, during which time they backed the pro-Vietnam government of Heng Samrin (Guide to the Third World 93/94 1994, 195; Encyclopedia of the Third World 1992, 303). During this period Cambodia was known as the People's Republic of Kampuchea (PRK) (Guide to the Third World 93/94 1994, 195; Encyclopedia of the Third World 1992, 303).

According to the Encyclopedia of Human Rights, the United Nations (UN) Commission on Human Rights frequently stated that "`the continued illegal occupation of Kampuchea by foreign forces deprives the people of Kampuchea of the exercise of their right to self-determination and constitutes the primary violation of human rights in Kampuchea ...'" (1991, 150). In 1987 the UN Commission on Human Rights "deplored the continued violations of fundamental human rights ... particularly the repeated military attacks and shelling by the occupying troops directed against Cambodian civilians ..." (ibid.).

The United States Department of State annual Country Reports on Human Rights Practices alleges that human rights violations were committed by the Vietnamese military forces in Cambodia during the period from 1979 to 1989. Among the violations reported are looting and rape (1979 1980, 463) use of biological toxic weapons (1983 1984, 795), summary execution suspected members of the Khmer resistance (1980 1981, 624), torture (1986 1987, 674-676), and forced labour (1985 1986, 729). For additional information regarding the years 1988 and 1989, please consult Country Reports on Human Rights Practices, both available at Regional Documentation Centres. For additional information covering the period 1979 to 1987, please consult the attachments.

Critiques of Country Reports produced by the Lawyers Committee for Human Rights for the years 1984, 1985 and 1986 are attached to this response.

Amnesty International makes brief references to human rights violations in its annual report for the years 1983 through 1988. Please consult the attachments for these reports. In 1987, Amnesty International produced Kampuchea: Political Imprisonment and Torture. According to this report, "Vietnamese advisors are sometimes present during torture sessions and occasionally participate directly in the torture of detainees held in prisons administered by PRK authorities. Vietnamese personnel have also reportedly tortured political prisoners in detention centres operated by Vietnamese officials within Kampuchea" (AI June 1987, 2-3). Amnesty International also states in this report that Vietnamese personnel participated in `combined force' arrests with PRK civil and military agents and administered prisons in Kampuchea (ibid., 5). Excerpts from this report are attached to this response. For information on torture, please consult pages 35-46; for information on prison conditions, please consult pages 5 and 49-56. For information on the role of Vietnamese `experts' and combined forces, please consult pages 32-33. For information on recommendations that Amnesty International made to the Vietnamese government and on summaries of political prisoner cases involving Vietnamese officials, please consult pages 76-82. Some detainees told Amnesty International that they were arrested "because they accused Vietnamese troops or advisory `experts' of abusing the Kampuchean population or of taking undue advantage of their authority in the country" (AI June 1987, 27).

In 1991, Amnesty International produced a report updating the situation of various political prisoners (AI March 1991). Please consult the attachments for information on prisoners who were detained by Vietnamese officials or mixed units of Vietnamese and PRK officials.

The Lawyers Committee for Human Rights reported in 1984 that Vietnamese security forces detained political suspects on their own initiative, and administered prisons in Kampuchea (LCHR 1984, 10-12). In addition, "Vietnamese personnel were often involved in the interrogation process as well, either directly or as observers" (ibid.). This report was based on interviews with people who fled to the Thai-border areas of Kampuchea not controlled by the PRK. In 1985, following another mission to Cambodia, the Lawyers Committee produced a second report entitled Kampuchea: After the Worst? and based on interviews with people who had fled from the interior of the country to the Thai-border region, in addition to "various sources of official policy, particularly (PRK) government broadcasts and decrees" (LCHR August 1985, iv). The PRK government refused permission to the Lawyers Committee to visit PRK-controlled territory (ibid.). The Lawyers Committee report is excerpted and attached to this response. For information on the conclusion to the Lawyers Committee report, please consult pages 10-13; for information on arbitrary arrest, detention and torture, please consult pages 26-50 and 57-86; for other accounts of human rights violations involving Vietnamese soldiers or "experts," please consult pages 101-102 and 157-163.

This response was prepared after researching publicly accessible information currently available to the DIRB within time constraints. This response is not, and does not purport to be, conclusive as to the merit of any particular claim to refugee status or asylum.

References

Amnesty International (AI). June 1987. Kampuchea: Political Imprisonment and Torture. (AI Index: ASA 23/05/87). London: Amnesty International.

Country Reports on Human Rights Practices for 1986. 1987. United States Department of State. Washington, DC: United States Government Printing Office.

Country Reports on Human Rights Practices for 1985. 1986. United States Department of State. Washington, DC: United States Government Printing Office.

Country Reports on Human Rights Practices for 1983. 1984. United States Department of State. Washington, DC: United States Government Printing Office.

Country Reports on Human Rights Practices for 1980. 1981. United States Department of State. Washington, DC: United States Government Printing Office.

Country Reports on Human Rights Practices for 1979. 1980. United States Department of State. Washington, DC: United States Government Printing Office.

Encyclopedia of Human Rights. 1991. Edited by Edward Lawson. New York: Taylor and Francis.

Encyclopedia of the Third World. 1992. 4th ed. Vol. 1. Edited by George Thomas Kurian. New York: Facts on File.

Guide to the Third World 93/94. 1994. Toronto: Garamond Press.

Lawyers Committee for Human Rights (LCHR). August 1985. Kampuchea: After the Worst. New York: LCHR.

_____. December 1984. Human Rights in Kampuchea: Preliminary Summary of Findings and Conclusions. New York: LCHR.

Attachments

Amnesty International (AI). 1988. Amnesty International Report 1988. New York: Amnesty International USA, pp. 163-164.

_____. 1987. Amnesty International Report 1987. New York: Amnesty International USA, pp. 239-242.

_____. 1986. Amnesty International Report 1986. New York: Amnesty International USA, pp. 230-233.

_____. 1985. Amnesty International Report 1985. New York: Amnesty International USA, pp. 219-221.

_____. 1954. Amnesty International Report 1984. New York: Amnesty International USA, pp. 231-232.

_____. 1983. Amnesty International Report 1983. New York: Amnesty International USA, pp. 204-205.

_____. March 1991. Appendix II. Cambodia: Update on Political Prisoners. (AI Index: 23/01/91). London: Amnesty International, pp. 1-7.

_____. June 1987. Kampuchea: Political Imprisonment and Torture. (AI Index: ASA 23/05/87). London: Amnesty International, pp. 5; 32-33; 35-45; 49-56; 76-82.

Country Reports on Human Rights Practices for 1987. 1988. United States Department of State. Washington, DC: United States Government Printing Office, pp. 650-658.

Country Reports on Human Rights Practices for 1986. 1987. United States Department of State. Washington, DC: United States Government Printing Office, pp. 673-681.

Country Reports on Human Rights Practices for 1985. 1986. United States Department of State. Washington, DC: United States Government Printing Office, pp. 727-731.

Country Reports on Human Rights Practices for 1984. 1985. United States Department of State. Washington, DC: United States Government Printing Office, pp. 722-727.

Country Reports on Human Rights Practices for 1983. 1984. United States Department of State. Washington, DC: United States Government Printing Office, pp. 795-801.

Country Reports on Human Rights Practices for 1982. 1983. United States Department of State. Washington, DC: United States Government Printing Office, pp. 727-731.

Country Reports on Human Rights Practices for 1981. 1982. United States Department of State. Washington, DC: United States Government Printing Office, pp. 611-615.

Country Reports on Human Rights Practices. 1981. United States Department of State. Washington, DC: United States Government Printing Office, pp. 624-625.

Country Reports on Human Rights Practices for 1979. 1980. United States Department of State. Washington, DC: United States Government Printing Office, pp. 463-466.

Lawyers Committee for Human Rights (LCHR). 1987. Critique: Review of the Department of State's Country Reports for 1986. New York: LCHR, pp. 10-12.

_____. 1986. Critique: Review of the Department of State's Country Reports for 1985. New York: LCHR, pp. 10-13.

_____. 1985. Critique: Review of the Department of State's Country Reports for 1984. New York: LCHR, pp. 13-15.

_____. August 1985. Kampuchea: After the Worst. New York: LCHR, pp. 10-13; 26-50; 57-86; 101-102; 157-163.