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Submitted by ctv_en_4 on Tue, 06/19/2007 - 16:35
Vietnamese and American plaintiffs who were exposed to Agent Orange during the war in Vietnam presented their arguments at a New York court on June 18 in their lawsuit against 37 US chemical producers and suppliers.

The hearing began with the testimony of 16 US war veterans and four Vietnamese victims, some sitting in wheelchairs. Among the four Vietnamese plaintiffs was 52-year-old Nguyen Van Quy, a war veteran who contracted stomach cancer.


Lawyers representing the plaintiffs dwelled on the dangers of Agent Orange/Dioxin that the US Army used on the battlefields during the war. They said that a large amount of the chemicals was used in the 10-year period (1961-1971) though the US Administration and chemical companies had been warned of their dangers. They shared the view that the chemicals have caused serious impacts on the environment and generations of Vietnamese people. They demanded that the case be brought to court very soon.


Lawyers representing defendants argued that US chemical companies had not known about the dangers of Agent Orange/Dioxin. They insisted that scientists have not yet found any links between the chemicals used by the US and serious illnesses alleged by the Vietnamese victims.


At the hearing, the plaintiffs received support from dozens of Americans, mainly from the Veterans for Peace movement, who wore orange ribbons that read: "Justice for Vietnam's Agent Orange Victims." Some others gathered outside the courtroom holding up signs that read: "Corporations must pay for their crimes."


David Cline, co-founder of the Vietnam Agent Orange Relief & Responsibility Campaign (VAORRC), wondered why the US has not yet recognised the after-effects of the chemicals on the Vietnamese people’s health as it did in the case of US war veterans exposed to the chemicals during the war.


The US Federal Court of Appeals will decide whether or not to bring the case to court in the near future.


The trial was dismissed in 2005 by a federal judge who said the plaintiffs failed to prove that the chemicals caused genetic defects.

Victims need justice, compensation

The delegation of Vietnamese AO victims led by Tran Xuan Thu, Vice President and General Secretary of the Association for Victims of Vietnamese Agent Orange/Dioxin (VAVA) attended the hearing. It held press briefings before and after the hearing. Correspondents from 10 foreign media agencies, including the Associated Press, Reuters, RIA and MSNBC also attended and covered the event.


After the hearing, Mr Thu told the media that it is a civil court case, so no one will be imprisoned or convicted. However, he stressed that Vietnamese AO victims need justice and compensation.


Lawyer Konstantine Kokkoris, who represents the plaintiffs, said that US chemical companies should take responsibility for the after-effects of the chemicals on human health and the environment in Vietnam. He also expressed his hope that judges will bring the case to court as soon as possible.  


According to analysts, a victory in court does not mean that US chemical companies will pay a large amount of money for the victims, or that the case will enter the trial period.


Lawyers representing the Vietnamese plaintiffs said they gave more convincing evidence than in the previous hearing, which they hope will change the 2005 ruling. However, the new ruling will not be known for several weeks, months, possibly even a year.


Though the case has yet to be decided, the struggle for the Vietnamese victims’ justice has seen important progress. Three weeks ago, President George W. Bush signed a bill to grant US$3 million for Vietnam to deal with dioxin-related health and environmental problems. The US Congress pledged to provide financial support for projects to clean up dioxin-affected sites in Vietnam. In 1984, seven US chemical companies agreed to pay US$180 million settlement in a class action lawsuit by US veterans.

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