As Le Thi Cong Nhan was boarding her flight in Hanoi for Warsaw, the Vietnamese regime stopped her from boarding the flight. Letting people spend small fortunes on airfares and other expenses, and then stopping them at the airport, is a standard tactic of this regime. In March 2007, she was imprisoned and held for two months without charges. In May 2007, she was sentenced to four years' imprisonment plus several years of administrative detention for "spreading propaganda intended to overthrow"Vietnam's Communist regime. In democratic societies, spreading propaganda and overthrowing governments are two of the normal rights of citizens -- they are called freedom of speech and free elections. As of September 2007, Le Thi Cong Nhan is still languishing in prison, as are many other freedom advocates. Her speech follows.

Ladies and Gentlemen, it is a great honor for me to attend a congress on workers' rights organized at the birthplace of the internationally renowned Solidarnosc workers' movement.

I came from Vietnam, a country ruled by a communist autocracy. I do not have any cheerful information on workers' lives and working conditions to share with you. I will not talk in detail about the miserable situation of workers in Vietnam, with low wages and unacceptable working conditions, where workers' dignity is not taken into account.

I will share with you my views of the legal aspect of the strike and the urgent need for an independent labor union run by workers to replace the current state-owned union run by the Vietnamese Communist Party.

The movement to fight for the basic rights of workers has been growing in Vietnam. During the past 10 years, about 1200 strikes were initiated, but more than 90% were repressed mercilessly, for they were outlawed by the state-run-union and the courts.

Vietnamese Laws Impede Workers' Right to Strike

The Vietnamese government obliges workers to go through complicated procedures, sometimes not feasible, before enjoying their right to strike. "Labor collective conflicts"are the only reason recognized by Vietnamese labor law. Workers have to attempt two rounds of conciliation: first from the local conciliation council and then at the provincial level. The third step would be the labor court (Articles 170, 171). Another choice is the strike, instead of the appeal to the labor court. To even submit the application for conciliation, workers have to gather signatures from more than 50% of workers involved in the conflict.

Vietnamese laws provide no definition of what constitutes a strike but they do define what constitutes an illegal strike. Article 176 of the labor laws of 2002 in Vietnam states that strikes are illegal "when it is not the outcome of collective labor conflicts, out of labor problems, out of the enterprise."Such regulations curtail the role of strikes, which is internationally recognized as political. Even in communist propaganda, strikes assume a political role. Workers should have the right to strike when their interests are threatened, and not only when conflicts happen directly to them.

The government categorizes participants in illegal strikes as law-breakers. Then their wages are cut, and they may be dismissed because they are classified as having "voluntarily resigned"(Article 85, point c/1).

We have to pay special attention to the consequences of illegal strikes for the leaders of those strikes. Usually they are workers. They are not Union officials. After the strikes are ruled illegal, strike leaders face persecution, repression, unemployment, debt, and criminal charges, including disturbing public order, inciting people to disturb public order, or obstructing the work of public officers.

The Need for Independent Unions

Maybe now you are wondering, "What is the function of the Workers' Union of Vietnam?"The Union is a part of the Vietnamese Communist Party, working under the leadership of the CPV, and for the benefit of the CPV. Thus, the Union of Vietnam does not meet international standards of a labor union. A normal labor union has to be founded by workers, run by workers, expanded by workers.

The state-owned union is not interested in organizing strikes for workers. When workers take the initiative for strikes outside of the Union structure, they're classified as illegal. When strikes are deemed illegal, workers' claims cannot be considered. Conflicts remain unresolved, workers are not satisfied, will try another strike, and so on.

So far, workers in Vietnam have not been allowed to found an independent union. Therefore, the struggle for workers' rights is difficult. Many workers and members of parliament have raised the need for an independent union in Vietnam. Yet, despite international agreements, the government of Vietnam has not agreed with this suggestion.

Vietnam must legally provide for the right to strike in accord with the standards of the International Labor Organization.

Ladies and gentlemen, this struggle will develop because it stems from widespread social injustices in Vietnam, where workers live in poverty and are exploited by employers who do not respect workers' dignity. The struggle is difficult but it will continue indefinitely and steadily until the day the value of labor and workers' dignity are taken into account.

I am perfectly aware of my position as a modest voice supporting workers and looking for a solution to this struggle. I believe that the sustainable efforts of workers and democracy advocates in Vietnam will draw your attention and your support.

I hope that with your great experience of fighting for workers' rights, you may be able to help us by taking action to put pressure on Vietnam to undertake reforms in its laws on strikes so that workers in Vietnam can strike legally and have their own independent union.

This is my wish for this congress and for workers in Vietnam. Thank you for your time.