MFA PROTESTS VIETNAM HUMAN RIGHTS ACT

C O N F I D E N T I A L SECTION 01 OF 02 HANOI 002227 SIPDIS FOR EAP/BCLTV E.O. 12958: DECL: 09/10/06 TAGS: PREL VM HUMANR SUBJECT: MFA PROTESTS VIETNAM HUMAN RIGHTS ACT ¶1. (U) CLASSIFIED BY CHARGE D'AFFAIRES ROBERT C. PORTER, JR. REASON: 1.5 (D) ¶2. ( C ) SUMMARY: AN MFA DEMARCHE TO CHARGE ON SEPTEMBER 10 CHARACTERIZED THE HOUSE PASSAGE OF THE VIETNAM HUMAN RIGHTS ACT (VHRA) AS THE MOST SERIOUS STEP SINCE NORMALIZATION OF RELATIONS AND WARNED OF UNPREDICTABLE CONSEQUENCES, INCLUDING ON RATFICATION HERE OF THE BTA. THE OFFICIAL REACTION IS PREDICTABLE BUT NONETHELESS CONFIDENTIAL PAGE 02 HANOI 02227 01 OF 02 101032Z REFLECTS ONGOING TOP LEVEL SUSPICION OF US MOTIVES TOWARD VIETNAM. END SUMMARY. ¶3. ( C ) FOREIGN MINISTRY (MFA) AMERICAS DEPARTMENT DIRECTOR NGUYEN XUAN PHONG CALLED CHARGE D'AFFAIRES TO MFA ON SEPTEMBER 10, HAVING BEEN UNWILLING TO MEET WITH ANY OTHER EMBASSY OFFICIAL ON SEPTEMBER 7 IN CHARGE'S ABSENCE IN HO CHI MINH CITY. PHONG TOLD CHARGE THAT HE WISHED TO EXPRESS THE "FEELING" THAT THE PASSAGE OF THE VIETNAM HUMAN RIGHTS ACT (VHRA) COULD HAVE A NEGATIVE IMPACT ON THE DEVELOPMENT OF BILATERAL RELATIONS AND ON THE WILLINGNESS OF THE GOVERNMENT AND PEOPLE OF VIETNAM TO WORK WITH THE USG. HE NOTED THAT THE "HARD REALITY" OF THE 410-1 VOTE IN THE HOUSE OF REPRESENTATIVES MADE IT "IMPOSSIBLE TO SAY" THAT THIS REFLECTED MINORITY OPINION. ¶4. ( C ) PHONG LABELED THE CONTENT OF THE VHRA AS A "BLATENT LIE" AND AS "GROSS INTERFERENCE" IN VIETNAM'S INTERNAL AFFAIRS. HE NOTED THAT VIETNAM HAD REPEATEDLY DURING THE NEGOTIATIONS ON THE BILATERAL TRADE AGREEMENT URGED THE REVOCATION OF THE JACKSON-VANICH AMENDMENT AS A "COLD WAR RELIC." HOWEVER, NOT ONLY DID THE JACKSON- VANICH AMENDMENT STILL APPLY TO VIETNAM, BUT CONGRESS WAS NOW SEEKING TO MAKE AN "EVEN WORSE" LAW (THE VHRA),WHICH WAS AIMED AT CONFIDENTIAL PAGE 03 HANOI 02227 01 OF 02 101032Z OPPOSING THE INDEPENDENCE AND SOVEREIGNTY OF VIETNAM, AS WELL AS BEING AGAINST THE INTERESTS OF THE FUTURE OF BILATERAL RELATIONS. ¶5. ( C ) PHONG STATED THAT THE GOVERNMENT AND PEOPLE OF VIETNAM VIEWED THE VHRA AS THE "MOST BLATANT AND SERIOUS" ACT REGARDING POLICY TOWARD VIETNAM SINCE THE NORMALIZATION OF RELATIONS. HE CALLED THE IMPACT OF ITS POSSIBLE PASSAGE BY THE SENATE AS "UNPREDICTABLE," ESPECIALLY AS CONCERNED NATIONAL ASSEMBLY RATIFICATION OF THE BTA. PHONG SAID THAT THE MFA "SQUARELY OPPOSED" THE VHRA AND REQUESTED THE STATE DEPARTMENT TO "DO WHATEVER" TO STOP SENATE APPROVAL, IN THE INTEREST OF RELATIONS BETWEEN THE TWO NATIONS. ¶6. ( C ) PHONG ALSO EXPRESSED CONCERN THAT THE STATE DEPARTMENT, CONTRARY TO EXPECTATIONS, HAD NOT FORMALLY OPPOSED HOUSE PASSAGE OF THE VHRA, AND CALLED ON ADDITIONAL STEPS BY THE STATE DEPARTMENT BEFORE SENATE CONSIDERATION. SENATE PASSAGE COULD HAVE A "VERY, VERY NEGATIVE" IMPACT HERE AND WOULD BE "VERY DANGEROUS" TO THE FUTURE OF THE RELATIONSHIP. HE NOTED THAT IT WAS ALREADY "VERY DIFFICULT" TO EXPLAIN HOUSE PASSAGE OF THE VHRA TO THE PEOPLE AND LEADERSHIP OF VIETNAM, SOME OF WHOM WERE CONFIDENTIAL PAGE 04 HANOI 02227 01 OF 02 101032Z CONCERNED ABOUT A PERCEIVED HARDENING OF US POLICY TOWARD VIETNAM OR EVEN ABOUT A "SECOND AGENDA" OF SEEKING TO DESTROY VIETNAM'S "REVOLUTION, COUNTRY, AND PEOPLE, IN SPITE OF BEAUTIFUL WORDS." HE NOTED THE VHRA'S INCLUSION OF FUNDS FOR GROUPS TO PROMOTE DEMOCRACY AND FREEDOM, WHICH SOME IN VIETNAM SAW AS A PRETEXT TO URGE VIETNAMESE PEOPLE TO "RAISE UP AGAINST THE GOVERNMENT." ¶7. ( C ) WHILE EMPHASIZING THE POSITIVE VOTE ON BTA THE SAME DAY BY THE HOUSE, CHARGE PROMISED TO CONVEY MFA CONCERNS TO WASHINGTON. HE NOTED THAT HOUSE PASSAGE OF THE VHRA REFLECTED CONCERN OVER THE HUMAN RIGHTS SITUATION IN VIETNAM AND URGED VIETNAM TO CONSIDER STEPS TO IMPROVE THE HUMAN RIGHTS SITUATION AND ITS INTERNATIONAL IMAGE, SUCH AS ACCESS BY INDEPENDENT OBSERVERS TO THICH QUANG DO, AS WELL AS TO THE CENTRAL HIGHLANDS. HE AGREED WITH PHONG CONFIDENTIAL THAT THE TWO COUNTRIES NEEDED TO WORK HARD TO FIND WAYS TO KEEP THE RELATIONSHIP MOVING IN A POSITIVE DIRECTION, AND AGAIN URGED THE GVN TO BE MORE RESPONSIVE TO OVERALL HUMAN RIGHTS CONCERNS. ¶9. ( C ) COMMENT: MUCH OF THE MFA DEMARCHE WAS PREDICTABLE, AND PHONG READ CAREFULLY FROM A SCRIPT THAT ECHOED SIMILAR COMMENTS BY THE MFA SPOKESMAN AND IN A SEPTEMBER 8 "NHAN DAN" COMMENTARY. THE SHRILL TONE IS PROBABLY ALSO RELATED TO WHAT APPEARS TO BE CONFIDENTIAL PAGE 02 HANOI 02227 02 OF 02 101033Z ONGOING HEIGHTENED WORRY AMONG SOME OF THE LEADERSHIP ABOUT THE USG'S COMMITMENT TO THE FUTURE OF THE BILATERAL RELATIONSHIP. THE MFA MUST HAVE FELT TAKEN OFF GUARD AND INADEQUATELY ABLE TO EXPLAIN TO THE LEADERSHIP THE ABSENCE OF FORMAL STATE OPPOSITION TO VHRA BEFORE THE HOUSE VHRA VOTE AND THE ONE-SIDED NATURE OF THE VOTE. PORTER CONFIDENTIAL