VIETNAM -- PEASANT DEMONSTRATIONS AT PARTY HQ SYMBOLIZE CONTINUING DISPUTES OVER USE DECISIONS AND COMPENSATION

UNCLAS SECTION 01 OF 04 HANOI 002441 SIPDIS STATE ALSO FOR EAP/BCLTV, DRL AND INR/B STATE FOR USAID USDA FOR FAS/FAA SECDEF ALSO FOR ISA/EA/LSTERN NSC FOR GENE CHRISTY CINCPAC ALSO FOR FPA E.O. 12958: N/A TAGS: PGOV PHUM KDEM SOCI EAGR VM DPOL SUBJECT: VIETNAM -- PEASANT DEMONSTRATIONS AT PARTY HQ SYMBOLIZE CONTINUING DISPUTES OVER USE DECISIONS AND COMPENSATION REFS: (A) FBIS SEP200010030000071 (B) HCMC 1526 (C) HANOI 0496 ¶1. SUMMARY: IN A RECENT PROTEST AGAINST UNRESOLVED LAND DISPUTES, 100 FARMERS FROM THREE PROVINCES CAMPED OUT OVERNIGHT IN FRONT OF PARTY HEADQUARTERS AND THE PRIME MINISTER'S OFFICE IN HANOI. THEIR DEMONSTRATION, WHICH RECEIVED CONSIDERABLE ATTENTION IN THE VIETNAMESE MEDIA, WAS ONE MORE SIGN THAT THE NEW COMPLAINTS LAW MECHANISM AND "GRASS ROOTS DEMOCRACY" PROGRAMS ENACTED TO COPE WITH RURAL LAND DISPUTES AND CORRUPTION ISSUES IN THE WAKE OF THE 1997 THAI BINH INCIDENTS HAVE NOT BEEN ENTIRELY SUCCESSFUL. IN RECENT MONTHS, THE GVN HAS SENT HIGH LEVEL WORKING GROUPS TO SPEED UP RESOLUTION OF DISPUTES IN NUMEROUS PROVINCES. UNCLASSIFIED PAGE 03 HANOI 02441 01 OF 04 061011Z VIETNAMESE MEDIA HAVE BEEN DEVOTING INCREASING ATTENTION TO THE PROBLEM. BUT THE WORKING GROUPS APPEAR NOT TO HAVE FULLY SATISFIED PEASANT DEMANDS. MOREOVER, THE NATIONAL ASSEMBLY DOES NOT SEEM LIKELY TO PASS NEEDED AMENDMENTS TO THE COMPLAINTS LAW BEFORE NEXT YEAR'S PARTY CONGRESS AT THE EARLIEST. END SUMMARY. FARMERS CAMP OUT AT PARTY HEADQUARTERS -------------- ¶2. ON OCTOBER 18, A GROUP OF ABOUT 100 FARMERS FROM THE PROVINCES OF NAM DINH, THAI BINH, AND QUANG NINH SET UP TENTS OUTSIDE COMMUNIST PARTY OF VIETNAM (CPV) HEADQUARTERS AND THE OFFICE OF THE PRIME MINISTER. FRUSTRATED BY GOVERNMENT FAILURE TO RESOLVE TO THEIR SATISFACTION COMPLAINTS OVER LAND DISPUTES, THE FARMERS WERE DEMONSTRATING AGAINST CORRUPT LOCAL OFFICIALS WHO THEY BELIEVE ARE AT FAULT. RESPONDING TO A REPORTER'S QUESTION ABOUT THE CAMP OUT, MFA SPOKESPERSON PHAN THUY THANH SAID THE PROTEST TOOK PLACE AFTER LOCAL INSPECTION TEAMS HAD ALREADY REVIEWED THE FARMERS' COMPLAINTS AND PROPOSED DISCIPLINARY MEASURES AGAINST THE LOCAL OFFICIALS RESPONSIBLE. THE NEXT DAY, AFTER THE GVN HAD (IN THANH'S WORDS) "PROMPTLY INSTRUCTED COMPETENT BODIES TO TAKE CARE OF THE MATTER," THE GROUP DISPERSED. THANH SAID THAT THE STATE INSPECTOR GENERAL AND A REPRESENTATIVE OF THE PRIME MINISTER'S OFFICE HAD BEEN SENT TO MEET WITH THEM. ¶3. SIMILARLY, ABOUT 150 PERSONS, COMPRISING SEVEN UNCLASSIFIED PAGE 04 HANOI 02441 01 OF 04 061011Z SEPARATE GROUPS OF FARMERS FROM MEKONG DELTA PROVINCES AND DISTRICTS OF HCMC, HAVE BEEN CAMPED OUT IN FRONT OF A GOVERNMENT ADMINISTRATIVE AFFAIRS BUILDING THERE FOR NEARLY THREE MONTHS. OFFICIALS HAVE ACCEPTED THEIR WRITTEN PETITIONS, BUT IT IS UNCLEAR WHAT TYPE OF DIALOGUE, IF ANY, IS TAKING PLACE BETWEEN THESE GROUPS OF DEMONSTRATORS AND GOVERNMENT OFFICIALS. POLICE HAVE ERECTED BARRICADES TO KEEP THEM OFF THE SIDEWALK DIRECTLY IN FRONT OF THE GOVERNMENT BUILDING, BUT HAVE ALLOWED THEM TO REMAIN ON THE SIDEWALK ACROSS THE STREET. THE POLICE HAVE BEEN "POLITE," ACCORDING TO ONE OF THE DEMONSTRATORS WHO SPOKE WITH CONGENOFF REF ¶B. THE NEW COMPLAINTS LAW IS NOT WORKING -------------- ¶4. THE PROTEST AND THE PUBLIC ATTENTION IT RECEIVED ARE ONE MORE SIGN THAT THE COMPLAINTS LAW AND "GRASSROOTS DEMOCRACY" PROGRAMS CREATED AFTER THE 1997 THAI BINH DEMONSTRATIONS (REF C) HAVE FAILED TO ADEQUATELY ADDRESS RURAL DISCONTENT WITH GOVERNMENT CORRUPTION AND INEFFICIENCY. IN PART, THIS MAY BE BECAUSE PASSAGE OF THE LAW RAISED EXPECTATIONS. SIZEABLE NUMBERS OF VIETNAMESE FARMERS TOOK ADVANTAGE OF THE COMPLAINTS LAW AFTER ITS PASSAGE LAST YEAR TO REPORT CORRUPTION AND COMPLAIN ABOUT COMPENSATION ON LAND ISSUES HANDLED BY LOCAL OFFICIALS. THE OCTOBER 18 HANOI DEMONSTRATION WAS NOTEWORTHY BECAUSE, UNLIKE SOME PREVIOUS DEMONSTRATIONS HERE, FARMERS FROM SEVERAL DIFFERENT PROVINCES JOINED FORCES. A FEARFUL GVN TRIES TO ADDRESS THE PROBLEM QUICKLY -------------- -------------- ¶5. THE GOVERNMENT'S DECISION TO UILIZE HIGH-LEVEL TEAMS LIKELY REFLECTS A CONCERNTHAT LOCAL OFFICIALS ARE NOT GOING TO BE IMPARTIL IN REVIEWING THEIR OWN LOCAL DECISIONS. IN SEPEMBER, PRIME MINISTER PHAN VAN KHAI SENT FIVE WOKING GROUPS, EACH LED BY A DIFFERENT CABINET MEMBER, TO THIRTEEN PROVINCES AND CITIES TO ADDRESS LOCAL DISCONTENT, A SIGN OF HOW SERIOUSLY THE UNCLASSIFIED PAGE 03 HANOI 02441 02 OF 04 061011Z GVN TAKES THE ISSUE. THEY WERE SENT TO THE FIFTEEN PROVINCES WITH THE LARGEST NUMBER OF UNSETTLED PUBLIC COMPLAINTS AND DENUNCIATIONS CASES. (REF A). THIS WAS IN ADDITION TO A SPECIAL TASK FORCE FORMED EARLIER IN THE YEAR TO DEAL WITH THE GROWING PROBLEM OF DEMONSTRATORS GATHERING OUTSIDE THE HOMES OF VIETNAMESE LEADERS TO LODGE COMPLAINTS. ACCORDING TO MASS- CIRCULATION CPV-AFFILIATED DAILY "NHAN DAN" ("THE PEOPLE") OCTOBER 25, KHAI SUBSEQUENTLY DECIDED TO DELEGATE YET ANOTHER INTER-AGENCY WORK GROUP, THIS ONE LED BY INDUSTRY MINISTER DANG VU CHU, TO SPEED UP THE SETTLEMENT OF PUBLIC COMPLAINTS AND DENUNCIATIONS IN THREE MEKONG DELTA PROVINCES. ¶6. THESE VARIOUS WORKING GROUPS SEEM TO HAVE BEEN GRANTED MAJOR DECISION-MAKING POWERS. VICE DIRECTOR OF THE PRIME MINISTER'S OFFICE LE NGOC TOAN QUOTED PARTY CHIEF LE KHA PHIEU SEPTEMBER 6 AS SAYING THAT HEADS OF THE WORKING GROUPS COULD MAKE RECOMMENDATIONS TO THE PRIME MINISTER TO TEMPORARILY WITHDRAW PROVINCIAL LEADERS FROM THEIR POSTS. ACCORDING TO STATE GENERAL INSPECTOR TA HUU THANH, THE HEADS OF THE WORKING GROUPS HAVE THE FINAL SAY IN CASE DISCREPANCIES ARISING BETWEEN THEM AND THE LOCAL AUTHORITIES DURING THEIR REVIEW. ¶7. A SIDE EFFECT OF THE HIGH LEVEL WORKING GROUPS IS THAT SOME LOCAL POPULATIONS LOOK TO THEM FOR DECISIONS WHICH WOULD ORDINARILY BE MADE BY LOCAL AUTHORITIES. SOME NATIONAL LEVEL LEADERS SEE THIS AS A PROBLEM. NATIONAL ASSEMBLY VICE CHAIRMAN MAI PHUC LAM HAS SAID UNCLASSIFIED PAGE 04 HANOI 02441 02 OF 04 061011Z THAT "MANY PEOPLE THINK THAT THE GOVERNMENT'S WORKING GROUPS CAN REPLACE LOCAL AUTHORITIES IN DEALING WITH DENUNCIATIONS AND COMPLAINTS TO SOLVE EVERY PROBLEM. THIS WILL CREATE A PRECEDENT SO THAT PEOPLE WILL CONTINUE TO SUBMIT THEIR COMPLAINTS AND DENUNCIATIONS TO THE PARTY AND THE GOVERNMENT WHENEVER THEY ARE NOT SATISFIED WITH THE SOLUTIONS OF THE LOCAL AUTHORITIES." HEALTH MINISTER DO NGUYEN PHUONG, WHO HEADS ONE OF THE WORKING GROUPS, NOTED THAT "IN ALL THE PROVINCES OUR GROUP HAS WORKED IN, PEOPLE NOW EXPECT THE GOVERNMENT TO SEND SPECIAL WORKING GROUPS ONCE A YEAR." OBVIOUSLY THESE NATIONAL OFFICIALS BELIEVE THE LOCAL SYSTEMS NEED TO BE STRENGTHENED TO GIVE THE PEOPLE CONFIDENCE IN DECISIONS AT THAT LEVEL. WORKING GROUPS GET RESULTS IN THE SOUTH -------------- ¶8. THE INCREASED NATIONAL ATTENTION THE GVN IS DEVOTING TO THE ISSUE OF LOCAL LEVEL CORRUPTION AND MISMANAGEMENT HAS GOTTEN SOME RESULTS. HCMC PEOPLE'S COMMITTEE CHAIRMAN VO VIET THANH OCTOBER 24 TOOK THE HIGHLY UNUSUAL STEP OF MAKING A PUBLIC APOLOGY TO FORMER RESIDENTS OF TWO MUNICIPAL DISTRICTS. HE SAID AUTHORITIES IN THESE TWO DISTRICTS HAD BEEN WRONG IN THE PAST TO INAPPROPRIATELY CLEAR LAND AND PROVIDE INADEQUATE COMPENSATION. THANH PROMISED THAT APPROPRIATE COMPENSATION WOULD BE GIVEN TO THOSE AFFECTED AND THAT OFFENDING OFFICIALS WOULD BE DISCIPLINED. HE ALSO SAID HE WOULD SUBMIT HIS RESIGNATION IF THE COMPLAINTS WERE NOT SETTLED BY THE END OF NOVEMBER. HCMC AND SOUTHERN PROVINCIAL NEWSPAPERS HAVE ALSO COVERED THE WORK OF THE WORKING GROUPS WITH INTEREST. ON OCTOBER 31, STATE GENERAL INSPECTOR THANH RECOMMENDED THE HEAD OF BA RIA-VUNG TAU PROVINCIAL PEOPLE'S PROCURACY BE REMOVED FROM OFFICE BECAUSE OF INAPPROPRIATE LAND CLEARANCE ACTIVITIES HE PRESIDED OVER IN HIS FORMER POSITION OF DISTRICT PEOPLE'S COMMITTEE CHAIRMAN. THE NOVEMBER 1 EDITION OF HCMC-BASED "THANH NHIEN" ("YOUTH") DAILY REPORTED IN DETAIL THE SUB-WORKING GROUPS ACTIVITIES LEADING TO THIS RECOMMENDATION. UNCLASSIFIED PAGE 03 HANOI 02441 03 OF 04 061011Z NEWSPAPERS VENTURING TO COMMENT -------------- ¶9. VIETNAMESE MEDIA HAVE PROVIDED SIGNIFICANT COVERAGE TO THE FACTS SURROUNDING RECENT DISCONTENT WITHOUT EDITORIAL COMMENT. HANOI'S "LAO DONG" ("LABOR") AND HCMC "TUOI TRE" ("YOUTH") HAVE BEEN IN THE FOREFRONT, CARRYING INTERVIEWS WITH DEPUTY PM NGUYEN CONG TAN, WHO OVERSEES THE WORKING GROUPS, AND STATE INSPECTOR GENERAL THANH. ¶10. TAN TOLD "LAO DONG" OCTOBER 13 THAT "THE CURRENT SITUATION REGARDING THE LARGE NUMBER OF NEW AND UNSETTLED CASES OF SERIOUS PUBLIC COMPLAINTS AND DENUNCIATIONS IS UNACCEPTABLE." THE PROBLEM HAS EXISTED FOR SOME TIME, HE SAID, ANGERING THE COMMON PEOPLE. "IF IT CONTINUES, IT COULD SPREAD TO OTHER SOUND ACTIVITIES OF SOCIETY". TAN ALSO SAID THAT MOST OF THE PUBLIC COMPLAINTS AND DENUNCIATIONS ARE IN THE FIELD OF LAND AND HOUSING MANAGEMENT, INCLUDING COMPENSATION FOR LAND CLEARANCE. NEW LAWS ALONE ARE NOT SUFFICIENT -------------- ¶11. VIETNAMESE OBSERVERS SPECULATE THAT THE REASON FOR THE GROWING NUMBER OF PUBLIC COMPLAINTS AND DENUNCIATIONS IS THE CONTINUING LACK OF AN EFFICIENT MECHANISM FOR HANDLING THEM. AT THE GRASSROOTS LEVEL, THERE IS A TENDENCY FOR PUBLIC COMPLAINTS, ESPECIALLY UNCLASSIFIED PAGE 04 HANOI 02441 03 OF 04 061011Z THOSE REGARDING LAND DISPUTES AND CORRUPTION, TO BE DEALT WITH "DISCREETLY," ON A CASE-BY-CASE BASIS, RATHER THAN OUT IN THE OPEN. THIS HAS LEFT LOCAL RESIDENTS ANGRY OVER WHAT THEY SEE AS A LACK OF TRANSPARENCY. THEY CHARGE THAT LOCAL OFFICIALS OFTEN CHOOSE QUIETLY TO SUPPRESS COMPLAINTS RATHER THAN OPENLY DISCUSS THE CONCERNS OF COMPLAINANTS. ¶12. THE COMPLAINTS LAW CALLS FOR EXPEDITIOUS HANDLING OF COMPLAINTS AND DENUNCIATIONS WITH AUTOMATIC TIME LIMITS WITHIN WHICH LOCAL OFFICIALS MUST TAKE ACTION. DISSATISFIED FARMERS AND OTHERS CHARGE THAT LOCAL AUTHORITIES AND THEIR HIGH-LEVEL SUPERIORS TEND TO CIRCUMVENT THIS REQUIREMENT FOR TIMELY ADJUDICATIONS BY HAVING HIGH-LEVEL OFFICIALS REFER COMPLAINTS BACK TO LOCAL AUTHORITIES FOR MORE INFORMATION. THEY SAY THAT IT IS ALL A BUREAUCRATIC SHELL GAME WHOSE OBJECTIVE IS TO KEEP THE COMPLAINTS OUT OF SIGHT AND OUT OF MIND INDEFINITELY. THE RESULT HAS BEEN A SIGNIFICANT INCREASE IN PUBLIC DISTRUST. FLAWS IN THE EXISTING LAW UNLIKELY TO BE AMENDED -------------- --- ¶13. ONE MAJOR FLAW IN THE MUCH-DEBATED LAW ON COMPLAINTS AND DENUNCIATIONS, ADOPTED BY THE NATIONAL ASSEMBLY NOVEMBER 23, 1998, IS THAT IT DOES NOT ALLOW ANONYMOUS PLAINTIFFS. AT THE TIME, THE MEMBER OF THE NATIONAL ASSEMBLY STANDING COMMITTEE WHO IS CHARGED WITH HANDLING THE COMPLAINTS ISSUE, NGUYEN THI HOAI THU, A PROMINENT NATIONAL VOICE FOR ENACTMENT OF THE LAW, PUT THE BEST FACE ON THINGS PUBLICLY. SHE TOLD AN INTERVIEWER FOR "TUOI TRE" THAT DESPITE ITS SHORTCOMINGS, THE NEW LAW "RAISES PEOPLE'S HOPES, ESPECIALLY GIVEN THE EVER-INCREASING NUMBER OF PUBLIC COMPLAINTS AND DENUNCIATIONS, WHICH REPRESENTS A GENUINELY SERIOUS PROBLEM FOR THE COUNTRY." THU HAS PUSHED FOR ESTABLISHMENT OF A PERMANENT ASSEMBLY COMMITTEE ON COMPLAINTS AND DENUNCIATIONS SINCE 1997, BUT DEPUTY DIRECTOR OF THE NATIONAL ASSEMBLY FOREIGN AFFAIRS DEPARTMENT NGUYEN CHI DUNG TOLD US THAT "HER CURRENT PROPOSAL IS LIKELY TO DIE A PREMATURE DEATH." UNCLASSIFIED PAGE 03 HANOI 02441 04 OF 04 061011Z OPPONENTS, HE SAID, WILL SUPPORT THE BILL IN PRINCIPLE BUT CITE FINANCIAL REASONS TO OPPOSE PASSAGE AT THE MOMENT. ¶14. COMMENT: SINCE THE COMPLAINTS LAW WENT INTO EFFECT IN JANUARY 1999, NOT MUCH HAS CHANGED IN THE WAY LOCAL GVN AND CPV OFFICIALS HANDLE DISPUTES. THE OLD PROBLEMS OF GRASSROOTS CORRUPTION AND INEFFICIENCY PERSIST. IF TEETH ARE NOT ADDED TO ENFORCEMENT OF THE LAW, THERE WILL BE AN INCREASING LEVEL OF DISCONTENT AMONG PEASANTS, JUST WHAT THE CPV AND GVN MOST FEAR. VIETNAM'S LEADERS HAVE YET TO MAKE MUCH PROGRESS ON THIS OR RELATED REFORMS, INCLUDING SUCH ADMINISTRATIVE REFORMS AS STREAMLINING THE OPERATIONS OF COURTS AND THE NATIONAL PROSECUTORIAL APPARATUS. BUT WITH PROVINCIAL AND NATIONAL PARTY CONGRESSES ABOUT TO BEGIN, AND A MOOD OF UNCERTAINTY AT ALL LEVELS OF GOVERNMENT, WE EXPECT FEW DRAMATIC ADVANCES IN THE NEAR FUTURE. SENDING OUT WORKING GROUPS SEEMS A STOPGAP MEASURE WHICH EVEN NATIONAL LEADERS SEE AS DISRUPTIVE TO THE IDEA OF CREATING A RESPONSIBLE AND RESPONSIVE LOCAL SYSTEM. WE EXPECT THEM TO DO LITTLE MORE THAN PUT A LID ON IN SOME AREAS MOST AFFECTED BY DISCONTENT. PETERSON UNCLASSIFIED