Agent Orange Victims: Journey to seek Justice
I. Conscience and responsibility
The war was ended 35 years ago but war legacies have still remained in Vietnam. Of them, poisonous chemicals left by the war are still badly affecting both people and natural ecology in the country. Many serious genetic illnesses, particularly inborn deformities, inborn physical and mental defects, and long-term sufferings, have scientifically been found to be closely related to the toxic chemical named Agent Orange (AO) that the U.S. Air Force sprayed onto South Vietnam. As a result, millions of children and grandchildren of those who have been exposed to the toxic chemical have been suffering inborn serious genetic illnesses, leaving great consequences to their families as well as society.
According to surveys conducted by American scientists, from 1961 to 1971, some 80 million liters of toxic chemicals, including 61% of the human-poisoning chemical of Agent Orange, were sprayed onto South Vietnam. In other words, nearly 50 million liters of Agent Orange containing 366kg of the lethal poison of dioxin were sprayed onto 24.67% of South Vietnam. Scientifically, dioxin is the most poisonous chemical that man has found so far. Only one picogram of dioxin can cause cancers, accidents in childbirth to the exposed person or pass genetic illnesses to the next generations of the exposed person. Several dozens of nanogram of dioxin can kill a person immediately.
In Vietnam, 4.8 million have been exposed to Agent Orange and some three millions, including a large number of children and grandchildren of the directly exposed people, have already been the victims of the lethal poison. Thousands of people have already died and millions of others are now suffering serious illnesses, inborn deformities and disabilities as a result of Agent Orange.
Who has been exposed to Agent Orange? They are Vietnamese soldiers, volunteer youths, guerrillas, militiamen and conscripted labors who used to participate in combat or support combat in the areas sprayed with Agent Orange by the U.S. Air Force during the war. They can be the civilians who lived in the Agent Orange-affected areas. They can also be troops of the old Saigon regime who fought in the Agent Orange-affected areas. Vietnamese AO victims may have different backgrounds but they are all victims of Agent Orange sprayed by the U.S. Army. They may suffer a number of serious illnesses or may pass genetic illnesses on to their children and grandchildren. Generally, AO victims live in a miserable state; many of them are homeless and poor. They are the most wretched among ill-fated people.
Recent expert statistics show that 70% of the Vietnamese AO victim families are poor. Of the figure, 40% of the families usually lack food and 22% of the families have three or above AO victims. Meanwhile, the health of 30% of the AO victims is deteriorating and 90% have no professional qualifications and jobs.
What Vietnamese AO victim families have suffered is countless. A couple with one exposed to Agent Orange expected babies many times but only deformed babies were born and died early. Meanwhile, some families reared their children for tens of years but their children are human-shaped senseless and motionless creatures. There is a five-member family in which the father and all four children are AO victims. Next, there is a family that has three generations of AO victims. Or there is a house, of which each column has a big chain to fasten the family’s AO victim children when they become mad.
With its responsibility, the State of Vietnam established Steering Committee 33 to overcome the consequences of the chemical war. On January 10, 2004, the Vietnam Association for Victims of Agent Orange / Dioxin (VAAV) was officially founded. Former Vice State President Nguyen Thi Binh was its Honorary President and Lieutenant General Dang Vu Hiep was its President. The Vietnam Association for Victims of Agent Orange / Dioxin aims at protecting the rights of victims of Agent Orange and is the legal representative of the Vietnamese victims of Agent Orange in relations to domestic and international organizations and individuals.
Since its inception, the Association has set up projects to help Agent Orange victims in their lives, and at the same time, collect documents and evidence, initiate lawsuits against American companies producing the poison of Agent Orange for the US Air Force used in Vietnam during the war.
On January 30, 2004, the Association, together with some Agent Orange victims, filed a lawsuit against 37 US companies producing toxic chemicals in the Brooklyn District Court, New York state, the USA.
On 25 February 2004, the Association issued a declaration calling on the people of the whole country and international friends to support the Association and AO victims in their activities for peace, equity and justice.
On June 25, 2004, representatives of 32 member organizations of the Vietnam Fatherland Front convened a Conference "For Vietnamese Agent Orange Victims."All delegates unanimously proposed to take August 10 every year (The first day of the US Army spraying toxic chemicals onto South Vietnam - in 1961) was the "Vietnam Agent Orange Day."
Since 2004, Vietnamese people and international friends have provided strong support and large aid for victims of Agent Orange in Vietnam. Especially, on the Vietnam Agent Orange Day and national anniversaries, Vietnamese leaders often visit and present gifts to families of victims of Agent Orange and centers for victims of Agent Orange.
In a letter to the Vietnamese victims of Agent Orange on “Vietnam Agent Orange Day” in 2006, President Nguyen Minh Triet wrote: “The pain of Vietnamesevictims of Agent Orange in Vietnam is a common pain of the Vietnamese people and also the pain of people with common sense in the world. I express my deep sympathy and would like to share with you - victims of Agent Orange and the children of victims of Agent Orange about your losses and pains. I commend and praise the victims who uphold the spirit of self-reliance, and are determined to take exercise, treatment, rehabilitation and integration into the community...”
The Vietnam Association for Victims of Agent Orange / Dioxin has received much support and assistance from friendship associations between Vietnam and other countries, namely England, France, Germany, Russia and Switzerland, as well as from World Peace Council, Association International Democratic Lawyer, Swedish Committee in solidarity with Vietnam - Laos - Cambodia, Brazilian Peace Commission, Korea Veterans Association, American Veterans Association for Peace. What is more, Mrs. Anjuska Weil (Switzerland – Vietnam Association), artist Kumiko Yokoi (Japan), artist Peter Yanow (USA) and other artists have visited Vietnam, held music shows and donated the proceeds to Vietnamese AO victims.
Moreover, a number of Vietnam War veterans from the U.S., the Republic of Korea, Australia and New Zealand were also exposed to Agent Orange and are suffering serious illnesses. Many residents in Gagetown, Canada and other places where the American chemical factories are located also have showed clear association between their diseases and the toxic chemical.
On February 21 and 22, 2006, international lawyers convened a conference in Hanoi. They showed their unanimous support for the Vietnamese Agent Orange victims' case in the US Court. An international conference on victims of Agent Orange in Hanoi on March 28 and 29, 2006 drew the participation of Vietnamese, American, Korean, Australian and victims' delegations, social activists and scientists from New Zealand, Canada, the United Kingdom, Germany, France, Russia, and Switzerland. They issued a call affirming that a number of U.S. chemical companies for super-profits had manufactured toxic chemicals and indirectly caused calamities to humans; as a result, they must have compensated for the sufferings of the victims.
On April 20, 2006, 28 British parliamentarians submitted to the Parliament a petition demanding that the United States compensates Vietnamese victims of Agent Orange. The Journal "Ecologist" (UK) issue of May 2006 mobilized people to support the appeal, asking the United Nations to take August 10 every year as "International Day for the Victims of Chemical Weapons." During an international conference on nuclear, chemical and biological disarmament (May 6 to 8, 2006) in the city of Poitu - Charente (France), Mr. André Bouny, President of the International Commission supporting the lawsuit of Vietnamese victims of Agent Orange declared: "Supporting victims of Vietnamese Agent Orange is supporting peace."
On May 15, 2008, for the first time, the Agent Orange issue was brought to a hearing at the Asia-Pacific and Global Environment Subcommittee of the Foreign Affairs Committee of the U.S. House of Representatives. Congressman Eni Falcomavaega (a veteran who participated in the Vietnam War), a representative of Samoa Island, brought this issue to the hearing under the topic “Forgotten responsibility - What we (the US) can do to help Agent Orange victims?” In this hearing, many U.S. scientists, lawmakers and lawyers made speeches affirming that the Agent Orange had used by the US Army during the Vietnam War seriously affected both American soldiers and Vietnamese people. They demanded that the US Government should compensate the victims. Concluding the hearing, Mr. Eni Falcomavaega said that this was the beginning for the next steps that should be taken to further support the Vietnamese victims of Agent Orange.
Earlier, during a meeting with the Central Committee of the Vietnam Association for Victims of Agent Orange/Dioxin, on February 20, 2008, in Hanoi, Ms. Lisa Williams, Chief of the Representative Eni Falcomavaega Office led a delegation of assistants to Representative Eni Falcomavaega said that they promised Vietnamese victims of Agent Orange to try our best in this issue and repeated Mr. Eni Falcomavaega’s words, saying that he gambled his political career on the Agent Orange issue because that humanitarian issue comes from the heart.
On June 4, 2009, the U.S. House Foreign Affairs Committee held the second hearing on the Agent Orange issue under the chair of Eni Falcomavaega. The hearing was themed: What Efforts Are Being Made To Address The Continuing Impact Of Dioxin In Vietnam?
Ambassador Ngo Quang Xuan, Deputy Chairman of the National Assembly's Foreign Affairs Committee and Co-Chair of the Vietnam-US Dialogue Group on Agent Orange, presented an overview of the situation of the bilateral relations and related issues regarding Agent Orange. He emphasized that the only unsolved legacy of the war is the impact of Agent Orange on human health and the environment in Vietnam.
Professor Vo Quy, a Vietnamese ecologist, called for the U.S. side to hold the responsibility and provide humanitarian aid for Vietnamese AO victims, joining Vietnamese effort to heal the pain of the war.
At an international meeting, Dr. Charles Bailey, Director of the Ford Foundation's Orange / Dioxin Special Initiative, stated that more than 35 years after the war, dioxin still posed tremendous risks to human safety and health. An alarming number of birth defects, cancers and other diseases happened to Vietnamese veterans, ordinary people, their descendants and people living in polluted areas. Dr. Bailey estimated that the cost to clean up the three hotspots of Da Nang, Bien Hoa and Phu Cat areas would be from 50 to 60 million dollars. The solution to human health, he said, is “more complex" and requires a bigger, longer-lasting vision, and even a stronger partnership between the U.S. and Vietnam.
Deputy Assistant to the U.S. Secretary of State for East Asia and Pacific Scot Marciel vowed that the U.S. would try to ensure that U.S. supplementary aid would be various and efficient to settle the concerns related to Agent Orange.
In an interview with the Vietnam News Agency before the hearing, Senator Eni Falcomavaega expressed his displeasure at the fact that the U.S. had not adequately resolved the problem that was considered one of the darkest pages in American history. He acknowledged that the U.S. has not adequately addressed this painful issue, not only for the Vietnamese people but also for many American soldiers, who were exposed to Agent Orange.
Soothing the pain of Agent Orange is not business of only a person. Policies for victims of Agent Orange have continuously been amended and supplemented by the State over the past years and are still in the process of completion, aiming at realizing social justice for the people with meritorious services to the country, for all civilian AO victims, including those who used to work with the former Saigon regime. This has relieved the victims working with the former Saigon regime as well as helped them reduce the feelings of inferiority and overcome their physical and mental pain caused by diseases.
Up to June 2010, the Vietnamese people and many foreign organizations and individuals, regardless of political trends, classes and skin colors, showed their deep sympathy toward the victims of Agent Orange in Vietnam and supported households with the total support of cash and gifts worth more than VND 147 billion (foreign friends supported more than VND 22 billion). The supported money were then used to help victims to lead a better life, to study, to have work and purchase necessities to Agent Orange victims on anniversaries and New Year festival.
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.
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”.
III. Initial victories of the lawsuit
Over the past 5 years, we have gained positive and encouraging results, notably:
Domestically, the lawsuit has promoted a movement for justice and earned a deep sympathy and support from the public for the victims. The movement is spreading all across the country.
Globally, the lawsuit has gained support of people from several countries. The devastating effect to the people and environment caused by AO which was also the evident we provided in the lawsuit has unveiled the truth hidden over the past 30 years by U.S. chemical companies. The lawsuit of Vietnamese AO victims has positive impact on the struggle for compensation of veterans of Australia, New Zealand, Korea, Canada and the U.S. The governments of these countries have provided some kinds of assistance for their AO affected veterans.
The struggle for justice of Vietnamese AO victims is in line with the current trend of human kind, i.e. struggling for the protection of human rights, environment, ecosystem, and for depleting Agent Orange as a weapon of mass destruction. The struggle of Vietnamese AO victims has become an international movement of profound human meaning.
The direct struggle in legal field at the U.S courts in combination with the struggle outside the courts coupled with the support of U.S. friends have made a substantial change in awareness and awaken the conscience of U.S. people. Some victims, regardless of their disabilities and severe diseases, travelled to the other side of the planet to attend the courts and come to talk with U.S people in the U.S. streets and schools about the consequences of AO, which was very convincing. Many U.S. citizens expressed their sympathy and support for the struggle and the victims.
On 28th February 2005, Professor, Doctor Phan Thi Phi, as a victim, attended the hearing at the Brooklyn Instance Court – New York. From 12th November to 13th December 2005, a delegation led by Professor, Doctor Nguyen Trong Nhan, Vice President of VAVA together with two victims namely Dang Thi Hong Nhut (coming from Ho Chi Minh city) and Ho Si Hai (coming from Thai Binh province) travelled to 10 big cities of the U.S. and talked to nearly 500,000 U.S. people.
From 9th to 30th June 2007, the delegation led by Associate Professor Doctor Tran Xuan Thu, Vice President and General Secretary of VAVA and two other victims, namely Nguyen Van Quy (coming from Hai Phong), Nguyen Muoi (coming from Thu Thien Hue) attended the Appeal Court in the U.S. on 18th June 2007 and travelled cross San Francisco, New York, Washington, Michigan, Chicago… from the West to the East of America with the banner “Justice for Vietnamese Agent Orange victims. They had about 20 meetings with U.S. congressmen, scientists, priests, veterans and overseas Vietnamese…
Many press agencies had interviews with them and made news and documentary film about the event.
From 29th September to 2nd November 2008, a delegation led by Ms. Dang Thi Hong Nhut and Tran Thi Hoan came to 10 cities of 8 states of the U.S. and answered as many as 80 press interviews, and met with U.S. congressmen, public health experts, intellects, students, lawyers, veterans, and various communities…
The lawsuit and public pressure have an impact on the attitude and actions of the U.S legislative and executive bodies which was manifested in the recent moves of the U.S Government and Congress in the settlement of AO consequences in Vietnam. Although the real effect of the above-mentioned actions is still limited, it can be said that the legal struggle has contributed to those positive moves.
The above outcomes are common achievements and attributed to the effort of different organizations, individuals both at home and abroad, of the levels of the Association, member of the Association and the victims. We have gained victory in political and human fronts. Although the struggle will be prolonged, we believe that justice will win finally.
Please come to the victims of AO who are the poorest among the poor, the most miserable among the miserable. Many of them have died, and many other are dying in pain because of severe consequences of AO. Some of them can’t stand on their feet while the female victims can’t enjoy the happiness of being a mother.
Coming to AO victims is coming to the most extreme pain of human being. Right here, the fine nature of “caring for others as caring for oneself” of Vietnamese people is manifested most clearly and the conscience and responsibility of human kind are respected.
The pain of AO victims is also the common pain of Vietnamese people and of human kind in a broad sense. They are getting an increasing support.
The meetings, discussions, conferences, symposiums, hearings on the lawsuit have awakened the conscience of human kind, and finally those who caused these disasters.
IV. Evidence of a chemical war in Vietnam
In 1961, Kennedy Administration was informed that the situation in Vietnam was turning increasingly bad for the U.S, so they decided to focus on backing up the Government of South Vietnam and gaining an advantage over the Democratic Republic of Vietnam (North Vietnam) and the National Front for Liberation of South Vietnam. Therefore, special attention has been paid to the employment of modern technology for the war.
The U.S. government, with the collaboration of the government of the Republic of Vietnam, conducted an operation to spray herbicide in South East Asia. The operation was coded “Operation Trail Dust”. Its main content was to use aircraft, helicopters, automobiles, boats and the infantries to spray the herbicide. More than 95% of the herbicide in the “Operation Trail Dust” which was later changed into “Operation Ranch Hand” was sprayed by the USAF aircraft.
The main purposes of the operation include: (1) clearing the forests and mangroves to destroy the cover of troops of North Vietnam and the National Front for the Liberation of South Vietnam; and (2) destroying the crops to curb the food supply for North Vietnam’s troops. Besides, the operation is also aimed at promoting military and foreign policies of the U.S in Vietnam and South East Asia. The operation lasted from 1961 until the end of the war in 1975.
From August to December 1961, U.S. military personnel used the aircraft of the Republic of Vietnam to conduct some experiments on spraying the herbicide. Though conducted on a limited scale, the experiments were rather successful.
On 30th November 1961, U.S. President Kennedy approved the proposal made by the U.S. Department of State and the Department of Defense to conduct a large-scale chemical/herbicide war. Initially, both the two departments advocated using the herbicide just for destroying the forests. However, they were fully aware that the act of destroying the enemy’s crop was a breach of international law and a war crime, so they didn’t recognize such a program.
The first large-scale transportation of herbicide to Vietnam was conducted in January 1962. By September 1962, first attempts on destroying the forests were carried out, and by November 1962 crop sabotage was started. After one year since President Kennedy’s approval of the program, all spraying operations had to be accepted by the White House. The right to choose the forests and crops being sprayed was conferred to the U.S. Ambassador to the Republic of Vietnam at the end of 1962 and 1963, respectively.
Initially, the U.S. policy stressed that their military merely wanted to assist the government of the Republic of Vietnam in the herbicide programs. An agreement was signed in 1962 to transfer the ownership of the herbicide to the government of the Republic of Vietnam, and accordingly troops of the Republic of Vietnam had the responsibility to unload and transport the chemical. The plans to use the chemical were made on the coordination between the U.S. Embassy in the Republic of Vietnam, the U.S. Support Command in Vietnam and a sub-committee of the General Staff of the Republic of Vietnam’s Army named “Committee 202”.
The C-123 transport aircraft of the U.SAF was used to spray the herbicide. They were camouflaged, equipped specially for the task to avoid recognition. When sabotaging the crops, they carried the signs of the Republic of Vietnam. Their crews wore civilian clothes, and were accompanied by one officer of the Republic of Vietnam’s Army. This was the plan of the U.S. Department of Defense codenamed “Farm gate”.
The operation escalated by the end of 1964 corresponding to the escalations of war in Vietnam. The control and limitation of spray were loosened and the targets of spray were widened. The most common targets of the “Operation Ranch Hand” were communication routes and trails in the South of Vietnam which were being used of the troops of the Democratic Republic of Vietnam and the National Front for the Liberation of South Vietnam as supplying routes called “Ho Chi Minh Trail”.
The amount of herbicide being used for destroying crops increased gradually. As for 1965 only, 45% of the total amount of herbicide used was for destroying crops. Targets of spray included the fields supposedly used by the National Front for the Liberation of South Vietnam. Even the fields cultivated by civilians were sprayed. As for 1967 alone, at least 20 million liters of herbicide was sprayed in which 85% was for clearing the forests and 15% was for destroying the crops.
Between 1961 and 1971, the USAF conducted at least 19,905 sorties of spray which is equivalent to 34 sorties per day. With an average of 10.7 barrels per day, the 1968 and 1969 period was the peak time of Operation Ranch Hand. A recent study based on the documents of the U.S. government and modern mapping technology estimated that the total amount of herbicide sprayed during the 1961 and 1971 period was over 76 litters.
V. Herbicides have been used
A number of herbicides have been used for defoliating the forests and damaging the crops in Vietnam War. Different of herbicides are coded in different names based on the color of the outside paints of the containers. They are Agent Blue/ cacodyl acid, Agent White (a mixture containing 80% tri-isopropanol amine salt of 2,4-dichlorophenoxyacetic acid (2,4-D) and picloram), Agent Purple/ a chemical made of 50% n-butyl ester of 2,4D, 30% n-butyl ester of 2,4,5-trichlorophenoxyacetic acid (2,3,5-T) and 20% isobutyl ester of 2,3-D, Agent Green/100% n-butyl ester of 2,4,5T, Agent Pink/60% n-butyl ester of 2,4,5T and 40% isobutyl ester of 2,4,5-T and Agent Orange/ a mixture of equal parts of n-butyl esters of 2,4-D and 2,4,5-T.
As much as 65% of the herbicides contain 2,4,5-T. A complex pollutant and the inevitable by-product when producing 2,4,5-T is TCDD which is more commonly known as Dioxin, one of the most toxic chemicals ever discovered. The by-product of cacodilic acid contained in the Agent Blue is arsenic, while the by-product of picloram contained in the Agent White is hexachlorobenzene. Both these two chemicals are very poisonous.
From 1962 to 1965, the Agent Purple, Agent Pink, and Agent Green were used, and from 1965 to 1970, came the Agent Orange, Agent White, and Agent Blue. During the 1970 – 1971 period, only Agent White and Agent Blue were sprayed. Agent Orange was the most-used herbicide in Vietnam.
The phenoxy herbicides, such as Agent Orange, Agent Purple, Agent White, Agent Pink, and Agent Green are able to adjust the growing ability. They can destroy some kinds of grass by causing some dysfunctions to biological growth. The Agent Purple and Agent Green were less commonly used after Agent Orange had been brought to South Vietnam in early 1965. Agent Orange is a defoliant which is more effectively when used with high concentration. It is usually sprayed in the areas with broad-leaved trees. Agent White is especially poisonous to coniferales, while Agent Blue is sprayed mostly for damaging the crops.
The spraying system used in the initial phase of Operation Ranch Hand on the C-123 aircraft was Hourglass or MC-1. Although the normal capacity of Hourglass was 1 gallon/hectare, it was specially designed for Ranch Hands operations and could sprayed 3 gallons/hectare. In 1966, the Hourglass was replaced with the module-based spraying system built in all C-123 aircraft.
VI. International opposition
Waves of protest against the chemical warfare have been triggered in different social strata in the U.S facing the Trail Dust and Ranch Hand programs. Several influential figures in the U.S Department of State, such as Roger Hilsman and W.Averell Harriman have voiced their opposition against the programs since their inception. They mentioned the potential risks to Vietnam’s civilians and the probability that U.S may be called a barbaric imperial country.
In 1963, many articles written by Richard Dudman on the St. Louis Post-dispatch and other newspapers criticized the herbicide warfare as “dirty war tactics”, including the spray of chemicals on rice fields. These articles call for Robert W. Kastenmeier, a U.S Congressman of Wisconsin state to submit his proposal to President Kennedy to give up the chemical programs in Vietnam and call the chemicals as chemical weapon.
In 1964, an article posted on the Washington Post reported the wrong spray of the herbicides on to an allied-village in Vietnam, destroying rice and coconut crops, the main sources of food of local people. Immediately the following day, the editorial of the newspaper called for the end of the use of herbicides in Vietnam as they were undetectable and could cause severe risks to civilian people.
Since 1964, the Federation of American scientists has voiced their protest against the use of herbicides in Vietnam basing on the argument that U.S. is placing their focus on war as a chance to test their chemical and biological warfare.
In January 1966, a group of about 30 scientists in Boston opposed the damage of crops and considered this as barbaric and rampant attacks into both military men and civilians.
In 1967, a petition with over 5,000 signatures of scientists, including 17 Nobel awardees, 129 members of the U.S. National Academy of Sciences, called for President Johnson’s abandoning the use of toxic chemicals against people and crops in Vietnam. The petition was accepted by the President’s scientist advisor as well as the public.
Also in 1967, the Rand Corporation think tank posted two articles criticizing herbicide warfare as it depleted the food that Vietnamese farmers depend their lives on.
In the same year, the “American Association for the Advancement of Science” urged the U.S. Defense Department to study the long-lasting consequences on environment of the herbicide programs. Although the U.S. Defense Department has assigned the Midwest Institute to conduct study basing on the survey results of the documents stating that the contaminations of people and animals are minor, a council of the National Academy of Sciences, after reviewing the report, concluded that the ongoing studies of the herbicide warfare in Vietnam is not sufficient to give out solid conclusions.
In 1965, the American National Cancer Institute assigned its Division of Cancer Biology to study the toxicity of some herbicides and pesticides. In 1966, some initial reports showed that 2,4,5-T and 2,4-D can cause birth-defect and death to the baby mice of the experimental mice. However, the results were not revealed until 1969 when the reports were leaked on the “Nader’s Raiders”.
The herbicide warfare was largely considered a breach of international law and a war crime by international opinion. Since 1966, there have resolution submitted to United Nations condemning the U.S. for violating the “1925 Geneva Protocol for the prohibition of Asphyxiating, Poisonous or other Gases, and of Bacteriological Methods of Warfare”.
In 1969, the UN General Council passed the Resolution No. 2603-A, reaffirming that the 1925 Geneva Protocol prohibits the use of chemical and biological agents to destroy the trees in international armed conflicts. The resolution specially stated that the use of chemical agents in wars in steam, liquid or solid forms are violation of the protocol as it can cause direct harm to people, animals and plants. The U.S. didn’t accept this articulation and oppose the resolution. Nevertheless, it was still passed on 16th December 1969 with 80 votes, 3 vetoes and 36 abstentions
On 15th April 1970, the U.S. Secretary of Health, Education and Welfare, together with the Secretary of Agriculture and the Secretary of the Interior released a joint statement demanding for the bans of the herbicides containing 2,4,5-T in the U.S., unless they are used in a limited scale in agriculture unrelated activities. On the same day, the U.S. Department of Defense ordered the cancellation of the use of 2,4,5-T contained chemicals, including Agent Orange, for military purposes while waiting for a more thorough assessment of the situation. Since then, the spray of the defoliant lasted only a short time with Agent White. The damage of crops was continued until the end of 1970 with Agent White and Agent Blue. By January 1971, the last activity of Operation Ranch Hand finished.
The U.S. officially ended their Operation Ranch Hand in 1971 but left a huge amount of herbicides for the South Vietnam Government. Basing on the reports, U.S Governments and the chemical companies continued to provide the herbicides to the South Vietnam Government in 1973 and 1974. The South Vietnam Government continued the use of the herbicides until its collapse in 1975.
On 8th April 1975, President Ford issued Executive Order 11850, stating that: “The United States renounces, as a matter of national policy, first use of herbicides in war except use, under regulations applicable to their domestic use, for control of vegetation within U.S. bases and installations or around their immediate defensive perimeters”
During the implementation of the Trail Dust and Ranch Hand programs, especially in the final phase of the war, countless of Vietnamese troops and civilian people exposed directly to the herbicides. Other exposed indirectly through contaminated food and water. According to estimation, the number of victims mounted up to as many as 4 million during the 1961 – 1971 period.
The devastating effect on the environment as a consequence of the defoliating operations has depleted almost all mangroves of South Vietnam.
Besides, the amount of the herbicide being leaked during transportation, unload and storage in or near the USAF bases in Bien Hoa, Da Nang, Nha Trang, Phu Cat, A Luoi, A Sau also contaminated the soil, the surrounding food, and exposed civilian people to the toxic chemicals until today. The use of the herbicides in Vietnam War was assessed as “the biggest chemical warfare in history, causing profound damage to the eco-system as well as public health”.
Vava