USCIRF MEETS WITH GVN NATIONAL ASSEMBLY

UNCLAS HANOI 002033 SIPDIS SENSITIVE SIPDIS STATE FOR EAP/MLS, DRL/IRF AND DRL/AWH E.O. 12958: N/A TAGS: KIRF PHUM PREL PGOV ASEC VM SUBJECT: USCIRF MEETS WITH GVN NATIONAL ASSEMBLY SUMMARY -------------- ¶1. (SBU) On October 22, a delegation of the United States Commission on International Religious Freedom (USCIRF) met with Foreign Relations Committee Chairman Nguyen Van Son and deputies of the National Assembly (NA - Vietnam's parliament) to discuss the NA's oversight and legislative role in protecting religious practitioners in Vietnam. The Commissioners expressed concern over broad and vague laws in Vietnam's legal code that give the power of subjective legal interpretation to the government. Chairman Son said the NA sought to remove injustice and inequity in Vietnam and agreed that there is a need for further legal reform. He asked for understanding that Vietnam is a developing country with limited resources that still needs 20-30 years to develop its legal system. End summary. ¶2. (SBU) National Assembly (NA) Foreign Relations Committee Chairman Nguyen Van Son, recently returned from a working visit to the United States, welcomed the United States Commission on International Religious Freedom (USCIRF) Delegation to the National Assembly HQ of Vietnam, in Hanoi on October 22. Son told the USCIRF commissioners that he hoped they would see the significant changes in Vietnam since their last visit in 2002 and said Vietnam lacked the tools of mass media so it could not effectively spread the word of its many changes and successes in recent years. ¶3. (SBU) USCIRF Chairman Cromartie thanked the Chairman for his availability during the busy legislative session period. The Commissioners then asked about ways the NA could hold the police more accountable in cases of abuses of religious freedom, whether the Chairman received reporting on such abuse cases, and whether the Assembly had considered drafting a specific law against religious discrimination. Son told the delegation that the NA does get reports but that it had not heard of many abuse cases. He said that there are laws in Vietnam against discrimination based on religion and that all violators are punished. He added that the NA wanted to remove injustice and inequity in Vietnam. ¶4. (SBU) USCIRF Commissioner Don Argue raised the case of an ethnic minority child in the Central Highlands who was reportedly denied admission to a Boarding School because he was a Christian on the basis of the Ministry of Education and Training's (MOET) Circular 16 of 1997, which gave authority to schools to deny admission to students from families belonging to "reactionary" religions. Son was surprised about the case and took the documentation offered by Commissioner Argue. He said all children in Vietnam had the right to education, regardless of their religion, and said he would investigate this particular case. Son said education policy in Vietnam is set by the central government and this only could have happened if local level authorities misinterpreted central government policy. Commissioner Argue expressed concerns about lack of implementation of the laws at the local level and cases of abuse by Vietnam's police and security services. ¶5. (SBU) USCIRF Commissioner Bansal questioned Article 16 of the 2004 Ordinance on Religion and Belief, Vietnam's master law on religion, which states that religious organizations cannot be "contrary to the fine customs and habits and the interests of the nation." Commissioner Gaer said she was struck by Vietnam's broad and vague common laws that incorporate national security language that can negate any law. She said this had a negative effect on national unity and society and, more importantly, these vague terms could lead to significant abuse. She asked Son who determines violations of these broad laws. ¶6. (SBU) Son said the NA facilitated government policies on religion and would continue to push for their implementation in all of Vietnam's provinces. He noted that Vietnam is a poor country with many mountainous and remote regions; this made it more difficult for the central government to promulgate laws with limited resources. Since the move to a market economy in the late 1980s, Vietnam has been trying to build a state based on the rule of law. Son agreed with the USCIRF Commissioners that Vietnam needs to revise many of its laws and that many of the current laws were vague. He said there is currently a backlog of 200 bills and laws, with several laws drafted but without implementing decrees. The Chairman asked for patience and understanding, emphasizing that Vietnam is a developing country, and said Vietnam's legal system still needs 20 - 30 more years to develop. MICHALAK