12-year journey to find miraculous justice, tomorrow is still "fighting"

"I fight not only for myself but for all Agent Orange victims in Vietnam and other countries," Ms. Tran To Nga shared with TG&VN before the Argument Session at the Paris Court of Appeal, May 7.

Ms. Tran To Nga and lawyers at a press conference on April 25 to prepare for the May 7 hearing in Paris for Agent Orange victims. (Source: VNA)

Mrs. Tran To Nga - an 83-year-old Vietnamese woman in France is living the most meaningful days of her life, although she still bears the pain and wounds of the consequences of the Vietnam War. The great significance of a journey of more than 10 years pursuing justice and fairness for victims of Agent Orange.

"Fight for the oath, until today and the remaining days"

What motivated you to pursue justice for Agent Orange victims, knowing that it would be a difficult journey and victory was uncertain?

I filed the lawsuit at the age of 70 and suffered from many diseases caused by the effects of Agent Orange and I was determined to pursue the lawsuit for more than ten years because I saw too many victims of war and the very serious and long-term effects on both people and the environment. In 2013, when I started the lawsuit at the Court of First Instance of Evry (suburb of Paris), in Vietnam at that time there were more than 3 million victims of Agent Orange. This number made my heart ache and motivated me to embark on this lawsuit. After more than 12 years of pursuing the lawsuit, I saw that this number did not stop there, but reached more than 4 million victims and the consequences of Agent Orange were being passed down to the 4th generation.

This legal battle is not only to fight against the use of Agent Orange, to demand justice for Agent Orange victims, but also to contribute to creating a foundation for other struggles for the environment. This is not only my wish but also the wish of many individuals and organizations who are supporting me in my journey to protect justice and support Agent Orange victims.

I always have the determination to pursue the lawsuit because I believe this is a just and noble fight. For justice and human happiness, that is also the oath I made when I was young and I will keep that oath until today and the rest of my days. I fight not only for myself but also for all the victims of Agent Orange in Vietnam and other countries. When you fight for justice, you will have the determination to pursue the fight. This is what gives me strength and does not allow me to give up halfway. That is why I will go to the end.

"I always have the determination to pursue the lawsuit because I believe this is a just and noble struggle. For justice and human happiness, that is also the oath I made when I was young and I will keep that oath until today and the remaining days."

The appeal hearing was held on the day which coincidentally happened to be the 70th anniversary of the Dien Bien Phu victory. I hope to become a "Dien Bien Phu Soldier 2024" in the historic trial of my life.

What are the most important arguments that you believe are the foundation for this case?

I am suing American chemical companies that produced and supplied the chemical defoliants/herbicides - which contained dioxin, also known as Agent Orange - that the US military used during the war in Vietnam, causing serious health consequences for me, my children and millions of others.

I myself am a victim of dioxin/Agent Orange that I was exposed to when American military planes sprayed it during the war in South Vietnam. Test results from a special laboratory in Germany confirmed that dioxin was present in my body, causing me to have many illnesses, 5 out of 17 diseases recognized by the US and listed in the list of diseases caused by Agent Orange.

The world knows that millions of people are victims of Agent Orange and the environment is also seriously affected, this is also proven by scientific evidence that Agent Orange has destroyed plants, polluted soil and poisoned animals, caused cancer and birth defects in humans as well as attacked the human immune system.

According to French law since 2013, which recognizes the French courts to hear lawsuits of French citizens who have suffered damages from foreign individuals and legal entities, I, a French Agent Orange victim living in Paris, have the right to sue and have the court judge the responsibility of the above-mentioned American chemical companies that caused me damages.

It should be noted that the American chemical companies that produced Agent Orange must be held responsible for their own actions in producing and selling Agent Orange to the US military, which caused the damage to me and other Agent Orange victims, because the actions of these chemical companies were not actions under the orders and on behalf of the US State.

In fact, these chemical companies were not forced by the US government to produce toxic chemicals for the US military to use in the Vietnam War, but were completely free to participate in bidding to produce for profit. At the same time, these chemical companies knew in advance that dioxin was a highly toxic substance, but still intentionally changed the technical process of synthesizing the two herbicides 2.4-D and 2.4.5-T to shorten the production time of Agent Orange, reduce costs, increase profits, thereby increasing the dioxin content already present in Agent Orange.

This important argument was also clearly stated in the press release of my lawyers and mentioned in the Statement dated May 12, 2021 of the Vietnam Association of Victims of Agent Orange/Dioxin (VAVA) regarding the decision of the Court of Evry (in the suburbs of Paris, France) not to accept my lawsuit against the above-mentioned American chemical companies.

Ms. Tran To Nga at her desk at her home in the suburbs of Paris, France. (Source: VNA)

"A historic trial, opening the way to change the Evry Court's verdict"

In October 2023, the Belgian House of Representatives passed a resolution on supporting Vietnamese victims of Agent Orange, a resolution that was initiated as a result of your own efforts. In your opinion, what is the significance of such a resolution in the fight for the rights of Agent Orange victims?

As the President of the Belgian Chamber of Deputies, Ms. Éliane Tillieux said on November 7, 2023, the Resolution on support for Agent Orange victims in Vietnam received 100% approval from all Belgian political parties, demonstrating a genuine concern for the victims of Agent Orange in Vietnam and around the world as well as the enormous risks to the environment caused by this toxic chemical. This is a testament to the solidarity of the Belgian Parliament with the victims of Agent Orange/dioxin in Vietnam as well as the sustainability goals when the Belgian Parliament was the first Parliament in the world to demand that the use of ecocides be considered a crime against humanity.

The resolution is not only a basis for Belgium to promote the implementation of programs to support victims of Agent Orange in Vietnam, but will also help raise awareness of the Agent Orange issue and call on other countries' parliaments and the international community to increase support for victims of Agent Orange in Vietnam and other countries, as well as support for overcoming the consequences of Agent Orange on the environment in some places in Vietnam and other countries.

This resolution is also important in consolidating and expanding support for the legal fight for justice and the rights of Agent Orange victims. Therefore, the Resolution gives me more strength in the fight for justice for Agent Orange victims. On the other hand, I believe that this Resolution of the Belgian National Assembly contributes to promoting similar actions by other parliaments, in which the French Senate is also preparing to hold a meeting to discuss this issue. I hope that if the French National Assembly does the same as the Belgian National Assembly, 2024 will be a victory in the fight for Agent Orange/dioxin victims.

What do you look forward to most at the Paris Court of Appeal hearing on May 7?

After the Evry Court ruled that they did not have jurisdiction to hear the case related to the wartime actions of the US government, I filed an appeal to the Paris Court of Appeal. I was not alone in this legal battle, but continued to receive support from lawyers and associations in countries including France and Vietnam, supporting Vietnamese Agent Orange victims.

I very much hope that, in the hearing at the Paris Court of Appeal on Tuesday, May 7, the Court of Appeal will fully consider the relevant factors, especially the legal factors regarding the nature of the actions and responsibilities of the American chemical companies that I mentioned above, and come to a decision to reject the unreasonable judgment of the Court of First Instance of Evry.

That means the Court of Appeals acknowledged that I exercised my legal right, that is, to have the French court hear my lawsuit against the American chemical companies that produced and supplied Agent Orange for the US military to use during the war in Vietnam, which caused serious consequences for me and other victims of Agent Orange. That shows that the Court of Appeals protects justice not only for me, but also for millions of victims of Agent Orange in Vietnam and around the world.

Speaking at a press conference held in person and online on April 25 at the headquarters of the Vietnamese Association in France in Paris, my lawyer, William Bourdon, emphasized that the biggest challenge in the upcoming trial is to reject the "immunity" that American companies rely on and that the Evry Court accepted.

"We believe in justice, have sufficient evidence and hope that the Court of Appeal will consider all factors and evidence and make the right decision, for the sake of justice for Agent Orange victims."

He also emphasized that this is a completely baseless excuse: "There are many legal arguments to show that the American companies were not forced by the US government but voluntarily responded to the call for bids and they themselves actively produced the deadly Agent Orange containing a large amount of dioxin, which is also the focus of this lawsuit. We have enough documents to strengthen our arguments and we believe in the results of this trial. It will be a historic trial, opening the way to change the Evry Court's ruling."

In this journey, I have found that there are many great challenges to overcome, both legal and other factors. As stated in the above press conference, lawyer Bertrand Repolt said, another great challenge is that the incident has been going on for so long, but it is only now that we can judge the responsibility of American chemical companies for the actions they took, mainly from the 1960s and 1970s of the last century.

This leads to difficulties in gathering and presenting evidence to prove that at that time these companies were aware of the dangers of using these toxic chemicals, from the process to the method of producing Agent Orange...

We believe in justice, have sufficient evidence and hope that the Court of Appeal will consider all factors and evidence to make the right decision, for the sake of justice for Agent Orange victims.

Ms. Tran To Nga and writer André Bouny (in a wheelchair) and many of her supporters attended the courtroom despite the pandemic, Evry Court (suburb of Paris) in January 2021. (Source: Collectif Vietnam-Dioxine Association)

"Heaven and earth and fate have given me a mission, I will go to the end!"

What do you expect from the support from the Vietnamese government, organizations and individuals in the coming time for this historic lawsuit?

I started the legal battle alone, as the sole plaintiff in the case in the French court, while I initially did not know that the case could last for many years and be extremely arduous. I also suffered many cruel misunderstandings.

First of all, I received the wholehearted help of three French lawyers without having to pay any legal fees. In addition, I received extensive support in many ways from the people and organizations of Vietnam and the international community, with many social organizations and individuals, including parliamentarians in many countries around the world.

That has given me more determination and strength to pursue the journey of the past 12 years in the arduous and long-lasting legal battle with no end in sight. However, I also share the fact that in terms of finances, I am still facing many difficulties and lack of funds, because I still have to pay other costs for the lawsuit such as legal fees, translation by sworn interpreters (to be qualified to appear in court), travel expenses from one country to another to exchange experiences, collect documents... especially in the US, which requires a large, very large amount of money.

Associations in France and individuals who love and protect justice in France have organized many forms to be able to support the costs of a lawsuit that is not only unequal but will continue to drag on with no end date in sight, even though the truth about the consequences of human destruction and environmental destruction has been acknowledged by all social organizations in the world from the US to European countries with undeniable scientific evidence and witnesses.

Most recently, in preparation for the appeal hearing, the forces supporting the lawsuit have been carrying out many social activities in France, expressing support and informing French society and other countries about this so-called historic lawsuit. For example: organizing meals to raise funds for legal costs and related activities, organizing a press conference in Paris on April 25, 2024 with the participation of more than 20 journalists, and a large rally also in Paris will be held on May 4, 2024 before the appeal hearing on May 7, 2024.

While I am the only plaintiff in the lawsuit, living far from my homeland, far from my family and still suffering from many diseases due to the consequences of exposure to Agent Orange, I hope that the State, organizations and people of Vietnam will closely follow the journey and developments of the lawsuit, continue to uphold the justice of the lawsuit, and give the lawsuit support in various forms. That is the extremely valuable encouragement and support that helps me continue the arduous journey of this legal battle, for the sake of millions of Agent Orange victims in Vietnam and other countries.

Living alone in a foreign land at the age of 83 is not fun if there is no purpose to live a useful life with life and with people. Justice and human happiness are the noble goals that I have been, am and will continue to pursue. Heaven, Earth and fate have given me a mission, I will go to the end!

Thank you very much!

Ms. Tran To Nga, born in 1942 in Soc Trang province, was a reporter for the Liberation News Agency of South Vietnam and was exposed to Agent Orange/dioxin during the war. In the early 1990s, Ms. Nga settled in France. According to the results of a medical examination, the dioxin concentration in her blood was higher than the prescribed standard, leading to serious health effects.

In 2013, Ms. Tran To Nga filed a lawsuit at the Evry Court (the city where she lives, on the outskirts of Paris), suing American chemical companies that produced Agent Orange/dioxin used by the US military during the Vietnam War. She is one of the rare cases that can pursue lawsuits related to Agent Orange because she meets three conditions: Being a French citizen (of Vietnamese origin); living in France, where the law allows for the trial of international lawsuits to protect French citizens against legal entities of other countries that have committed crimes abroad causing damage to French citizens; and being a victim of Agent Orange/dioxin herself. She is supported and accompanied by a number of French lawyers and social activists who work together for Vietnamese Agent Orange victims.

On May 10, 2021, after the hearing, the French Court of Evry ruled in favor of the defendant companies' defense that they "acted at the behest of and for the State of the United States" and thus enjoyed "immunity", because no sovereign State must accept the jurisdiction and adjudication of another sovereign State over its actions (i.e., citing the principle of national jurisdictional immunity under international law).

Lawyers representing Ms. Tran To Nga have objected to this decision of the Evry Court, emphasizing that these companies “tendered”, meaning they did not act under duress; the Evry Court has applied an outdated principle (the principle of national jurisdictional immunity), “contrary to modern principles of international law” and French law.

In June 2021, Ms. Tran To Nga filed an appeal to the Paris Court of Appeal (France).

On May 7, 2024, the Argumentative Session at the Paris Court of Appeal will be held.

Source: https://baoquocte.vn/vu-kien-lich-su-vi-nan-nhan-chat-doc-da-cam-viet-nam-hanh-trinh-12-nam-di-tim-cong-ly-nhiem-mau-con-ngay-mai-la-con-chien-dau-269591.html