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

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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

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them "even if they are against me."


REPRESENTATIVES SANCHEZ AND SMITH "DON'T UNDERSTAND" GVN
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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
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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