Reformist Public Policy Think Tank is the First/Primary

C O N F I D E N T I A L SECTION 01 OF 03 HANOI 000827

SENSITIVE
SIPDIS

E.O. 12958: DECL: 2019/09/23
TAGS: PGOV PREL PHUM ECON VM
SUBJECT: Reformist Public Policy Think Tank is the First/Primary
Victim of Decree Restricting Scientific Activities

CLASSIFIED BY: Virginia Palmer, DCM; REASON: 1.4(B),(D)


1. (SBU) SUMMARY/COMMENT: A Prime Ministerial Decree placing severe
restrictions on independent scientific research and preventing
organizations from criticizing the GVN claimed its first casualty:
the Institute for Development Studies (IDS),a public policy think
tank formed by reform-minded advisors to the late PM Vo Van Kiet.
IDS elected to dissolve itself, rather than face further
harassment. Other less well-known public policy organizations are
likely to face similar pressure. International NGOs are also
receiving pressure from the GVN to "re-register" under the still
vague requirements of the Decree. The Ambassador, together with
other COMs, registered our concerns to the Prime Minister in two
letters before the decree went into effect on September 15.




2. (C) Article 97 is another example of the GVN's increasing
efforts to suppress dissent in advance of the 2011 Party Congress.
It threatens to stifle academic freedom, dissuade foreign research
partners, and retard Vietnam's ability to attract and retain
scientific talent. The demise of IDS, a bastion of prominent
reformist intellectuals, is particularly discouraging, though at
least one IDS insider portrayed the Institute's decision to
dissolve itself as a public gesture of protest that also provides
legal grounds for its founding members to sue the government as
private citizens. In the run up to the Party Congress, the Prime
Minister is highly unlikely to rescind the decree. Senior USG
officials need to convey our concerns about the GVN's crackdown on
dissent, and the decree's harmful effects on Vietnam's development
during their meetings with senior government officials in Hanoi and
Washington. END SUMMARY & COMMENT.



Pernicious Provisions

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3. (SBU) On July 15, Prime Minister Nguyen Tan Dung signed Article
97, a decree enumerating additional restrictions on the ability of
independent institutions to conduct scientific research and publish
findings. Section 2.2 of the Article explicitly prohibits
scientific and technical organizations from publicly expressing
"criticism about the guidelines, strategies and policies of the
Party and State," and instead requires that comments be sent
directly to "competent agencies of the Party and State." Section 4
directs the Ministry of Science and Technology and provincial and
municipal people's committees to review the activities of current
organizations and revoke the registration certificates of those
found to have been in violation of the Article's provisions.
Accompanying the decree is an eight-page annex listing government
approved fields of research which has severely limited the scope of
acceptable categories. Noticeably absent are topics related to
law, politics, and good governance.



Article 97 - Why Now?

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4. (C) Article 97, according to most observers, has as its most
obvious target the Institute for Development Studies (IDS),a
public policy think tank formed in March 2004 by a group of
Vietnamese intellectuals and former government officials connected
with the reformist former Prime Minister Vo Van Kiet. The founders
of IDS took advantage of a perceived loophole in Vietnam's 2001 Law
on Science and Technology that permitted individuals and groups to
establish independent science and technology organizations under
the direction of local science and technology departments without
needing to obtain the express approval of the central government.
Since then, IDS has grown into possibly the closest example of an
independent think tank in Vietnam. Operating within legal
parameters, IDS has pushed Kiet's reform agenda by conducting
research on social and economic issues such as law, good
governance, and economic reform.




5. (C) As IDS developed, its scholars expanded their activities to
include hosting weekly seminars on civil society and good

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governance, including discussions of public policy options.
Increasingly assertive, though still respectful, IDS benefitted
from the protection of former PM Kiet. This umbrella was removed
with Kiet's death in June 2008, a time that corresponded with the
beginnings of an accelerated crackdown on independent-minded media
and dissident groups. Pressure on IDS grew over the past year,
culminating in the Institute's September 14 announcement that it
would "dissolve itself" after the PM's office twice ignored
strongly worded appeals from IDS to have Article 97 withdrawn.
According to contacts associated with the IDS, when PM Dung was
Deputy Prime Minister, he felt that several of the advisors that
would eventually form IDS did not give him what Dung considered due
deference on policy matters. Personal animus aside, the move
against IDS is fully consistent with other steps taken to suppress
dissent in advance of the 2011 Party Congress, contacts say.



(C) Meeting with Former IDS President: The Inside Story

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6. (C) In a September 22 meeting with Embassy, Dr. Nguyen Quang A,
former president of IDS, described his meetings with the GVN over
the course of a month, including two meetings with the PM, in which
IDS sought changes to Article 97, or at least a postponement. He
noted that the GVN also initiated several meetings with individual
IDS members to discuss the article. In the end, Article 97 was
neither changed nor postponed, "despite a promise made by the PM."
At the September 14 IDS board meeting, the members discussed
Article 97 for only a half hour before deciding to dissolve "in a
protest." Quang A suggested that despite the dissolution, some IDS
activities, such as seminars, may continue under different umbrella
organizations.




7. (C) At first, Quang A strenuously dismissed concerns that
Article 97 could affect foreign research operations in Vietnam. He
stated that the article was drafted to "target just two percent of
all research organizations, and possibly aimed at IDS." While
recognizing that Article 97 may place cumbersome registration
requirements on research organizations, he stated that it would
only affect research organizations set up by individuals, not those
set up by institutions. He believes that research organizations
established by universities and foreign corporations would not be
affected. Nevertheless, he acknowledged the possible chilling
effect of the decree, concluding that it "could be a question of
interpretation," and noted that after all the Communist Party is in
the sole position to draft, interpret and enforce the laws.



(SBU) NGOS/Businesses Express Concern

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8. (SBU) Article 97 generated immediate and widespread anxiety
among our civil society contacts, many of whom fear that their own
organizations -- most far less prestigious than IDS - will be
pressured to change focus or disband. NGO reps fear that their
registration certificates will be revoked, or that they will be
forced to re-register under the vague requirements of the decree.
They note that the suppression of constructive criticism leaves the
field open for more extreme dissidents and will dramatically narrow
the scope of policy alternatives. Members of the international
scientific community have expressed concern about the possible
limitation of scientific exchanges, noting that the decree violates
basic principles of academic freedom, and this could ultimately
cause institutions to reconsider their involvement in Vietnam. One
U.S. business executive told us that if Article 97 were
implemented, his company likely would not consider Vietnam as a
future research site. Bloggers have been blunt in their criticism,
with one labeling Article 97 as a "backward step in the country's
development, which contradicts the existing policy of public
participation and the Constitution of Vietnam."



Ambassador Raises Concerns with PM

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9. (SBU) Soon after hearing about the impending decree, the
Ambassador, along with COMs from seven other countries, sent a
letter to the Prime Minister raising concern that Article 97 would
critically limit research and development by independent scientific
institutions and restrict public discourse at a time with Vietnam
is working hard to attract foreign investment. The letter also
highlighted that if implemented, the decree would dissuade
Vietnamese students and scientists from returning home after
completing their education, and prevent the government from
reaching its goals of improving the country's educational system
and becoming a first-rate center of learning. On September 18,
after conferring widely with contacts in the academic, NGO,
business and diplomatic community, the Ambassador and COMs sent a
second letter to the PM reiterating concern that the decree would
have a negative reaction and requested that the effective date be
delayed until all parties had the opportunity to discuss the
government's intent.
Michalak