II. Being increasingly supported
On 30th January 2004, VAVA and some plaintiffs sent their lawsuit to the Court of Brooklyn – New York, USA against 37 chemical companies which supplied toxic chemicals for the U.S. military in Vietnam War.
On 28th February 2005, the Brooklyn Court held first session of the instance court. On 10th March 2005, Jack Weinstein, the judge of the court, made a judgment denying the complaint of Vietnamese AO victims, reasoning that AO is not harmful to people.
After that, VAVA and the plaintiffs sent their appeal to the U.S. Federal Appeal Court.
On 22nd February 2008, the U.S. Appeal Court gave out the same judgment as the Instance Court that the use of toxic chemical of the U.S. military was not aimed deliberately to inflict damages on Vietnamese people.
Immediately, discontent arose everywhere both at home and abroad together with waves of protests against those wrongful judgments.
From 18th to 22nd March, 2008, in Hanoi, VAVA had a working session with U.S lawyers and the representatives of the World Democratic Lawyers Federation to agree on the action programs to protect the interests of Vietnamese AO victims in the U.S. courts.
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The U.S. lawyers have sent their letters calling for New York’s Court’s reconsideration of the judgment made on the 22nd February 2008 by the Appeal Court.
As anticipated, on 7th May 2008, U.S. lawyers’ call was not accepted. They continued to send their request to the U.S. Supreme Court.
On 2nd March, 2009, the U.S. Supreme Court announced their decision (approved on 27th March 2009) to deny the complaint of Vietnamese AO victims and two others of the U.S. veterans calling for compensation from U.S. chemical companies.
On 3rd March, 2009, Vietnam’s spokesperson Le Dung stated that “Vietnamese people are very discontented with the wrong and unjust decision of the U.S. Supreme Court. What’s pity is that such decision was made in the context of robust developments in the Vietnam – U.S. relations and the U.S. Government is striving to cooperate with Vietnam to contribute to mitigating the consequences of Agent Orange in Vietnam…” The spokesperson stressed that: “As we have mentions many times before, the settlement of consequences of AO is an urgent humanitarian and conscience matter. Although war has ended for decades, millions of Vietnamese AO victims are suffering the pain of AO every day. U.S. chemical companies should realize this matter and their liability to cooperate with Vietnam in overcoming the consequences of AO which were produced by them.”
On 4th March, 2009, at the Headquarters of the Vietnam Fatherland Front Central Committee, VAVA held a press briefing. Its president, Mr., Nguyen Van Rinh read the Declaration of the association made on 3rd March 2009 that: “U.S. courts have made serious mistake as defining AO is a herbicide and not harmful to people. U.S. courts were also wrong in concluding that the use of AO was not harmful to Vietnamese people. They have negated completely the objective fact about the consequences of AO in Vietnam that has been proved by many Vietnamese and international scientists… The U.S. Supreme Court has missed the chance to show the fairness of law and refused the love for peace and the respect of human rights of those whose lives are being threatened and badly affected by AO consequences.
VAVA and the victims call for Vietnamese people, both at home and abroad, and people with conscience worldwide, to stand shoulder to shoulder with us to ask for the U.S. liability in settling the consequences of AO in Vietnam. The right belongs to Vietnam. Justice must be respected. We are persistent with and will keep on struggling until justice is exercised”.
On the same day, the President Delegation of the Vietnam Fatherland Front Central Committee released their appeal, stating that: “VAVA’s lawsuit is the voice of conscience and the right to ask for conscience and justice, not only for the life of Vietnamese AO victims but also for the legitimate interests of the veterans coming from the U.S and other countries who engaged in Vietnam War and exposed to AO. The President Delegation of the Vietnam Fatherland Front Central Committee and Vietnamese AO victims call for the voice and concrete actions of international organizations, governments, NGOs, scientists, lawyers, social activists, U.S. citizens and world people supporting the lawsuit and Vietnamese AO victims in their struggle for justice”.
In the following days, several socio-political organizations issued their announcement to disagree with the decision of the U.S. Supreme Court, such as: Vietnamese Veteran Association, Vietnamese Women Association, Vietnamese Elderly Association, Vietnam Union of Friendship Organizations, the US- Vietnam Association, Vietnam Peace Committee, Vietnam Peace and Development Foundation, Vietnamese Voluntary Youth Association…
Major press agencies of Vietnam, such as Vietnam News Agency, Voice of Vietnam, and Vietnam Television have immediately posted their commentaries protesting the irresponsibility of the U.S courts and calling for the support for VAVA and the victims in their struggle for justice. They also featured the responses of the international organizations and people to the decision. In his letter to VAVA, lawyer Jonathan Moore expressed his disappointment of the U.S. Supreme Court and that: “The struggle will continue until justice is brought to all Vietnamese AO victims and other victims of the “chemical war” waged by the U.S. government in Vietnam”. Ms. Merle Ratner – co-coordinator of the campaign for Vietnamese AO victims said that: As a U.S. citizen, she totally disagrees with the decision of the U.S. Supreme Court to reject justice for more than three million Vietnamese AO victims and other U.S veterans who also suffered from the consequences. VAVA lawsuit received an unprecedented support from both U.S and world public who demand for justice and compensation for Vietnamese AO victims.
We will continue to struggle for justice and compensation for the victims and the decontamination in the hot spots. Ms. Merle Ratner also expressed her plan to mobilize U.S. members of Congress to propose a bill supporting Vietnamese AO victims.
Mr. Len Aldis, General Secretary of the Vietnam – UK Friendship Association sent his second letter to U.S. President Barak Obama, saying that: “What a pity that I am writing in anger at the shameful judgment of the U.S. Supreme Court made on 2nd March… You, Mr. President, were born on 4th August 1961 right in the time that the U.S. military began to spray Agent Orange on the South of Vietnam during the 10-year-period. The consequences of the forests burnt by AO can still be seen today. As for Vietnamese people, their severe wounds and diseases are strong evident of this toxic chemical… The U.S. Supreme Court has ruled against the U.S. veterans and Vietnamese AO victims. You, Mr. President, regardless of that decision, can issue your own policy on financial compensation for the AO victims and their families…”
The U.S. Veterans For Peace association’s declaration and the Vietnam – France Friendship Association’s (AFFV) conference also condemned the decision made by the U.S. Supreme Court on 2nd March, 2009. VFFA called friendship associations with Vietnam, international organizations, and people with conscience worldwide to continue their support for the struggle for justice of Vietnamese AO victims. The U.S. Peace Council released their announcement affirming that the decision is an unbelievable cruel treatment to Vietnamese people. The council also held that it is so unfair and merciless when the U.S. courts decided that Dioxin was just an herbicide and the U.S. military didn’t harm Vietnamese people deliberately while the U.S. veterans exposing to AO had all been compensated. The U.S. Peace Council affirmed that it’s not enough just to say sorry for such crime. The victims need to be compensated.
Some other voices in the U.S: according to the Ho Chi Minh youth Newspaper, on 5th March 2009, Doctor John B. Dung living in Takoma Park, Maryland (U.S.) stated: “This is such a shame. Clearly, the jury didn’t want to act by laws”.
Environmental professor Amold Schechter at the Texas Public Health College, who holds many controversial ideas about Agent Orange, also stated: This is a “disappointing decision” and recommended that the U.S. Congress spend more budget to support Vietnamese AO victims. They have spent USD 3 million and prepare the disbursement of a similar amount. This budget may be helpful in locating the remaining Dioxin to protect Vietnamese people.
Ms. Susan Hammond – Director of the War Legacies Project commented: “the lawsuit has done a lot as helping the world know more about the enduring consequences of AO to the environment and people’s health. There is an increasing support for the victims”. She added that: “the lawsuit is one of the ways to support the AO victims and it further put pressure on the U.S Government about their responsibility to support the victims and decontaminate the environment in the hot spots”.
(to be continued)
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