AMBASSADOR PITCHES PRISONER AMNESTY, GOOD

C O N F I D E N T I A L SECTION 01 OF 03 HANOI 001746 SIPDIS SIPDIS STATE FOR EAP/MLS, OBO/AM/EAP, DRL/AWH, AND DRL/IRF E.O. 12958: DECL: 09/28/2032 TAGS: ABLD AMGT ASEC KIRF PGOV PHUM PINR PREL VM SUBJECT: AMBASSADOR PITCHES PRISONER AMNESTY, GOOD GOVERNANCE, AND NEC WITH TOP SECURITY OFFICIAL REF: A. HANOI 1390 ¶B. HANOI 1653 ¶C. HANOI 1593 ¶D. HANOI 1564 HANOI 00001746 001.2 OF 003 Classified By: Ambassador Michael W. Michalak for Reasons 1.4 (b),(c), and (d) SUMMARY -------------- ¶1. (C) Meeting with the GVN's leading security official, the Ambassador raised a range of human rights issues, flagged the upcoming United States Commission for International Religious Freedom (USCIRF) visit, and discussed a number of key security and property issues involving the Mission. In the September 25 meeting, the Ambassador thanked Ministry of Public Security (MPS) Vice-Minister Nguyen Van Huong for his cooperation on the visits of security-related CODELS Chambliss and Reyes and requested assistance on alternative perimeter security options for the Embassy and for a New Embassy Compound (NEC) and a proposed American Presence Post (APP) in the central city of Danang. Huong pledged his cooperation on all the security and property issues and told us we could meet with dissidents and prisoners, but defended the GVN's progress on human rights and pointed to a "different understanding" of what constitutes criminality. He criticized "anti-Vietnam" activities by U.S. representatives Loretta Sanchez and Christopher Smith, alleging that they have a limited understanding of Vietnam, while pledging support for future congressional visits and the visit by USCIRF. End Summary. ¶2. (C) In a September 25 two-hour introductory call on the the Ministry of Public Security's (MPS) Vice-Minister Nguyen Van Huong (Ref. A),the Ambassador thanked Vice-Minister Huong for meeting and speaking frankly with recent intelligence committee CODELS Chambliss and Reyes (Refs. B,C,D),as a prelude to a broad ranging discussion of U.S. concerns. HUMAN RIGHTS AND RELIGIOUS FREEDOM -------------- ¶3. (C) The Ambassador explained to Huong that while he anticipated disagreements in future human rights-related discussions with MPS and other GVN agencies, it is important that he be able to access a wide variety of Vietnamese interlocutors, including political dissidents and religious figures, in order to do his job and explain the facts to the United States Congress and others in the United States. He remarked on the progress the two sides had made in negotiating a new legal framework on religion in Vietnam, noting recent positive assessments of Vietnam in the DOS' most recent International Religious Freedom Report. The Ambassador expressed appreciation for MPS' cooperation on access to the Central Highlands and highlighted the continued importance of access to that region and future development efforts by the international donor community. ¶4. (C) The Ambassador noted that, because of our access to the Central Highlands, we were better able to communicate to the USG new GVN religion laws and registration of religious activities. Huong told the Ambassador that he would be free to visit the region and agreed on the progress made in this area. The Ambassador noted slowness in religious registrations in the North, and expressed hope to Huong that these could be sped up. The Ambassador acknowledged training of local authorities on the new religion laws and thanked Huong for cases where GVN authorities had punished local officials who violated the laws. USCIRF VISIT -------------- ¶5. (C) The Ambassador noted the pending visit of a U.S. Commission for International Religious Freedom (USCIRF) delegation, and told Huong that it was important for the GVN to give the delegation an accurate picture of the religious situation in Vietnam. This would mean unfettered access to regions and individuals. Huong said he was sure MFA would welcome USCIRF and that he would be willing to meet HANOI 00001746 002.2 OF 003 them "even if they are against me." REPRESENTATIVES SANCHEZ AND SMITH "DON'T UNDERSTAND" GVN -------------- -------------- ¶6. (C) Huong stressed the excellent working relationship he had with Ambassador Marine on human rights and religious freedom, but said many members of the U.S. Congress had "wrong information" about Vietnam. He specifically cited Congresswoman Loretta Sanchez and Congressman Christopher Smith as not having "a good understanding" of the GVN and their past visits as having "caused conflicts." Huong said the GVN nonetheless held no hostility toward them, and had always welcomed each congressman's visit to Vietnam. Huong emphasized the need for increased understanding through dialogue. DISSIDENTS AND PRISONERS -------------- ¶7. (C) Ambassador Michalak repeated a request by Ambassador Marine for the Embassy to have access to high-profile political prisoners Nguyen Van Ly, Nguyen Van Dai, Le Thi Cong Nhan and Tran Khai Thanh Thuy. Rolling his eyes, Huong repeatedly referred to jailed Catholic priest, and reported dissident Bloc 8406 Founder Nguyen Van Ly as a criminal and a "crazy" individual, who had criticized both the USG and the GVN and formed a political association that sought to "overthrow" the GVN. Huong said he had no choice but to act against him, and cited the USG's action against the Branch Davidian compound in Waco, Texas in 1994 as similar to MPS' recent crackdown on dissidents. ¶8. (C) Noting that comparisons to the Branch Davidian case were better discussed at a later date, the Ambassador stressed to Huong that there were many aspects of human rights, including the diverse topics covered in our annual Human Rights Dialogue, as well as governance issues, which are critical to promoting strong economic ties. He said the USG respects Vietnamese sovereignty and does not support any organization that supports the overthrow of the GVN or any other government, citing recent FBI cooperation on the cases of suspected individuals involved in organizing attacks against Vietnamese Embassies and a Hmong Laotian-American, arrested in California for attempting to purchase weapons to overthrow the Vientiane regime. The prisoners we have requested to see are not in the same category as these individuals, the Ambassador said. ¶9. (C) The Ambassador reminded Huong of recent lists we had provided to MPS and MFA of prisoners and detainees eligible, under GVN law, for amnesty and release and that amnesty and release of some of these individuals would bring Vietnam good will and benefits from the USG. Huong did not answer directly, but said the Ambassador could go anywhere and meet with anybody, including dissidents and prisoners. He cautioned, however, that the Ambassador's visits would make these people think the USG supports them. This may not be well-received by the Vietnamese public, Huong said, noting past public and media criticism of Ambassador Marine's visits with dissidents and prisoners. Huong said there were anti-American demonstrations and movements that "we did not know about" that MPS had prevented. He said many of the prisoners we wanted to see were "crazy people," citing Nguyen Van Ly again, but perhaps we needed to "see this for ourselves." HUONG RE-ORDERS AMBASSADOR'S PRIORITIES FOR HIS TENURE -------------- -------------- ¶10. (C) The Ambassador told Vice-Minister Huong that he had three priorities for his tenure: first, to address human rights issues; second, to improve economic relations; and third, to double the number of Vietnamese students studying in the United States. The Ambassador noted that for U.S. investors, a transparent regulatory system and a "fair" legal system were both critical so he would advocate greater cooperation on "good governance" and judicial modernization programs. The Ambassador told Huong that many aspects of the GVN criminal code hindered U.S. investment and were of concern to U.S. companies including Article 88, "spreading HANOI 00001746 003.2 OF 003 propaganda against the State," which was both a vague and anachronistic law. ¶11. (C) Huong said he understood the Ambassador's priorities, but as "a security man and not a diplomat" he would put the priorities as: first, counterterrorism cooperation; second, education; third, economic relations and last, human rights. The Ambassador noted the importance of our counterterrorism cooperation and the work to date by our respective staffs. ¶12. (C) Huong agreed that on the criminal code and human rights perhaps some modernization was needed but that GVN laws were not nearly as restrictive as those of other countries, such as China. Huong said there was freedom of religion, freedom of political expression, and freedom of the press in Vietnam, and all children in Vietnam had access to education. However, he acknowledged that the GVN had a different understanding of criminality and human rights and that "we see a crime where you do not." ¶13. (C) Huong said the USG needed to understand, that with a per capita income of only $800 dollars, the GVN's top priorities were stability and economic development. He said the GVN's focus on this to date had reduced the poverty level from 40 percent to 16 percent in the last ten years. He also noted the press' role in reporting corrupt government officials and that Vietnamese citizens were allowed to criticize the President. He remarked that Ambassador Marine had spent too much time on dissidents and not enough time on the bigger picture and security issues. PROPERTY ISSUES: SECURITY BARRIERS, NEC, AND DANANG APP -------------- -------------- ¶14. (C) The Ambassador noted that the Embassy was looking at eventually opening a consulate in Danang so Embassy staff had been looking at real estate options there before making a formal report back to DOS, and a formal request to the GVN MFA. Huong said our Danang initiative made sense given our growing commercial relationship, and said the GVN had a similar desire to open a new consulate in the United States. ¶15. (C) The Ambassador raised the issue of the two "ugly" brown metal containers, which serve as security barriers, in front of the Embassy Chancery building on Lang Ha Street. The Ambassador said DOS security regulations required the containers' presence, but they could possibly be replaced by solid planters. The Ambassador noted, however, that the best solution in the long-term was agreement with the GVN on a property lease for a New Embassy Compound. Huong said he would support both of these efforts. MICHALAK