1. Fighting for AO victims has been carried out since the inception of the VAVA and continued in the following years with a focus on suing the US chemical companies which produced and provided toxic chemicals used in Vietnam War in order to ask for their compensation for the victims. This is regarded as the core and central mission of the Association which has been ruled in its Regulations – an important political and legal ground for the Association to conduct its assigned tasks.
The lawsuit against the US chemical companies has been changed in method in each period of time to suit the reality. At the beginning, it was conduct on a voluntarily basis, then it was carried out basing on the assistance with conditions of the US lawyers to suit the practical conditions of both sides.
a. The first lawsuit: On 30/1/2004, VAVA and some plaintiffs filed a lawsuit against 37 US chemical companies for producing and providing toxic chemicals for the US military used in Vietnam War. Their file was sent to the Brooklyn Federal Court in New York City, USA.
This case had a large number of plaintiffs (representing for 3.1 million victims) and was conducted in the US in compliance with US laws and was judged by US court which was unprecedented in the US judicial history.
The lawsuit lasted over 5 years through the instance and appeal levels until 2nd March 2009 when the US Supreme Court refused to accept the complaint of the plaintiffs. This refusal was so unjust and disregarded the objective reality annoying the world and American opinions; hence it didn’t end the struggle for justice of Vietnamese AO victims in the US. As the statute of limitation still exists; legal status of Vietnamese plaintiffs has been recognized by US court; the reason of complaint was not rejected, Vietnamese plaintiffs can continue their struggle for justice as long as they want.
 |
b. The second lawsuit. Persistent with the struggle for justice for victims of AO, VAVA, under the support of international friends, signed a cooperation with the America-based lawfirm Cartee & Morris LLC on 12th June 2014 to prepare for the second lawsuit. Coordination between the two sides went on smoothly for a period of time when the US partner announced that suing the US chemical companies at this time is almost impossible. However, VAVA still held their position, encouraged and thanked the US lawyers for the good deeds they had done for Vietnamese AO victims and pledged to be persistent with the struggle and persuaded their US partners to keep on coordination and get ready for a second lawsuit when possible. Besides, VAVA also discussed with US lawyers to diversify the methods of the struggle, not just limiting to legal procedure.
The permanent office of VAVA has reviewed the method of struggle and employed different new methods and models to suit the new circumstances when relations between Vietnam and the US have seen both deep and wide developments.
2. In addition to struggling by legal aspect, VAVA has also proactively sought other measures for their struggle for justice, such as: through the International Association of Democratic Lawyers and directly, international conferences that it participated, VAVA called for support of international individuals and organizations for the struggle for justice of Vietnamese victims of AO. These people’s diplomatic actions have generated a positive attitude which changed the awareness of international communities about the harmful effect and consequences caused by AO sprayed by the US in Vietnam War. As a result, they have made concrete actions supporting Vietnamese victims of AO, especially their struggle for justice.
3. Supporting other struggles for justice, especially the case of Ms. Tran To Nga in France.
Ms. Tran To Nga was born in 1942 in the South of Vietnam. In 1954, she evacuated to the North and in 1956 she returned to the South and worked as a war correspondent for the Liberation News Agency in the provinces of Tay Ninh, Binh Duong, Sai Gon – Gia Dinh. In 1993, she immigrated to France and later became a French citizen. During her time working as a war correspondent, she exposed to AO. In May 2009, she appeared as a witness at the International Tribunal of Conscience judging 37 US chemical companies for providing toxic chemicals sprayed in Vietnam War. Later she also filed her own lawsuit against the US chemical companies to lay bare to the world the devastating consequences caused by AO to the environment and human in Vietnam. Therefore, VAVA strongly supported her lawsuit.
Agreeing to co-sign the complaint and representing Nga, on 14th May 2014, the Bourdon & Forestier lawfirm filed the lawsuit against 26 US chemical companies to the Crown Court of Evry, France. This is a civil case filed by a French citizen and heard by French court. 19 in 26 defendants had lawyers for the suit. The defence lawyers deliberately prolonged the case as asking for the authenticity of the documents and proof of Nga’s working time in the AO-affected areas, and hence discouraging the plaintiff and her lawyers by increasing the charges and fees.
Nevertheless, Nga and her lawyers still affirmed their determination to follow the case. Accompanying with them, VAVA has always coordinated with the lawfirm to support the case, such as: holding press conference and issued Declaration; writing open letters at important timelines of the case; calling for support from domestic and foreign Vietnamese people. Responding to the call, thousands of people have signed their names and donated over 100 thousand Euros in support for the case.
4. The Monsanto case in the San Francisco, USA. This case law offered new chances of legal struggle for thousands of other similar cases, especially the victims of AO in Vietnam.
On 10th August 2018 – also the Day of Vietnamese victims of AO, the Superior Court of California County of San Francisco, USA judged that the herbicide produced by Monsanto could cause cancer and the company was responsible for its consequences to human and had to compensate a total amount of USD 289 million for not giving out due warnings about the cancer risk that its Roundup herbicide could cause to its user. The judge was given out after many years of consideration with several hearings basing on scientific proofs and conclusions of the World Health Organization (WHO). It has run counter the previous conclusion made by the US Supreme Court that the “herbicide” produced by Monsanto and other US chemical companies is harmless to human.
For this reason, Monsanto and other US chemical companies which provided herbicide for the US military in Vietnam War must be responsible for the destructive effect it caused to the environment and human in Vietnam.
It can be said that this is a case law and a sharp tool for Vietnamese AO victims in their struggle for justice in accordance with present law and trend.
(to be continued)
Senior Colonel Quach Thanh Vinh, Deputy Head of VAVA’s External Affairs Office
_thumb_720.jpg)
.jpg)
Comment