Cablegate: Assistant Secretary Lowenkron Discusses Human Rights With

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RR RUEHCHI RUEHDT RUEHHM
DE RUEHHI #2727/01 2990341
ZNR UUUUU ZZH
R 260341Z OCT 06
FM AMEMBASSY HANOI
TO RUEHC/SECSTATE WASHDC 3809
INFO RUEHHM/AMCONSUL HO CHI MINH 2034
RUEHZS/ASEAN REGIONAL FORUM COLLECTIVE

UNCLAS SECTION 01 OF 02 HANOI 002727

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SENSITIVE
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STATE FOR EAP/MLS AND DRL/IRF

E.O. 12958: N/A
TAGS: PHUM PREL PGOV OTRA ECON VM
SUBJECT: ASSISTANT SECRETARY LOWENKRON DISCUSSES HUMAN RIGHTS WITH
VFM LE VAN BANG

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Summary
-------

1. (SBU) On October 19, Assistant Secretary for Democracy, Human
Rights and Labor Barry Lowenkron told Vice Foreign Minister Le Van
Bang that, while the United States recognizes there have been
positive human rights developments in Vietnam, we will continue to
urge the release of the two remaining imprisoned political
dissidents before the President's November APEC visit. Bang stated
that neither prisoner can be released because they refuse to behave
"moderately" and because of concerns about the post-release
political activities of other activists who were recently amnestied.
The Assistant Secretary asked if Administrative Decree 31 (which
authorizes officials to summarily incarcerate citizens without due
process) might soon be abolished. Bang replied that the Ministry of
Public Security (MPS) is preparing a report to the National Assembly
(NA) on whether to abolish the decree, but he would not predict when
such a decision could be expected.

2. (SBU) Summary continued: The Assistant Secretary noted that the
GVN's relative restraint over recent activism by dissidents and the
unprecedented media debate prior to the April Party Congress were
both positive developments that the United States would like to see
continue. He also reiterated our offer to provide technical
assistance on revising Vietnam's criminal procedure code and invited
the MFA to conduct another round of the Human Rights Dialogue in
February or March 2007 in Washington. The Assistant Secretary and
the Ambassador said the United States is prepared to lift Vietnam's
Country of Particular Concern (CPC) on religious freedom if the GVN
provides a clear commitment to register 100 more churches in
northern Vietnam in the near future. Bang merely replied that 18
congregations in the Northwest have already been registered. End
Summary.

3. (SBU) On October 19, Assistant Secretary for Democracy, Human
Rights and Labor Barry Lowenkron and the Ambassador met with
Vietnamese Vice Foreign Minister Le Van Bang. The Assistant
Secretary stated that the February 2006 bilateral Humans Rights

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Dialogue in Hanoi had moved to a positive direction. Since the
Dialogue took place, the GVN had released prominent dissident and
longtime U.S. "prisoner of concern" (POC) Dr. Pham Hong Son and had
allowed poloffs to visit two prisons near Ho Chi Minh City. These
developments will help contribute to a constructive visit by
President Bush during the November APEC summit, the Assistant
Secretary predicted.

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4. (SBU) Bang stated that, since the beginning of 2006, the GVN has
been working hard to prepare for the President's visit, as "we think
a successful APEC summit will be very important because it will
demonstrate that the United States is in Southeast Asia to stay."
The GVN hopes Congress will grant Vietnam Permanent Normal Trade
Relations (PNTR) status in the narrow window of opportunity before
the President's visit. The GVN is pleased that APEC will showcase
big commercial deals with Lockheed Martin, Boeing and Intel, he
added.

Remaining Prisoners of Concern
------------------------------

5. (SBU) The Assistant Secretary said there are a few remaining
issues that, if resolved, would make the President's visit even more
positive. He noted that only two prominent dissident POCs remain in
prison: former policeman Phan Van Ban, a septuagenarian who has been
held for more than twenty-one years, and Nguyen Vu Binh, a former
journalist who has been held since 2003. The United States has
called for the release of these prisoners. The Assistant Secretary
also reiterated the Ambassador's standing request to visit both Ban
and Binh in prison if the GVN decides not to release them soon.

6. (SBU) Bang responded that, in addition to Son, the GVN also
released religious dissident Ma Van Bay in September. Ban however,
has a life sentence and cannot be released until he cooperates with
the GVN. "We have talked about his case at length" with the
Ministry of Public Security (MPS), but MPS can only reduce his
sentence and release him to the custody of his family in the United
States "if he behaves moderately." Ban keeps telling MPS officials
"I am your enemy," he said. Assistant Secretary Lowenkron pointed
out that Ban was ready to be released and Vietnam should not feel
threatened by the free expression of differences. Bang added that
Binh's release has been made more difficult by the subsequent
political activities of others that were recently amnestied like
dissident Nguyen Khac Toan. "Perhaps we can discuss Binh's case in
the next round of the Human Rights Dialogue," Bang added.

Decree 31 (Summary Administrative Punishment)
---------------------------------------------

7. (SBU) The Assistant Secretary continued that during the February

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Dialogue the U.S. delegation raised the importance of abolishing the
GVN's Administrative Decree 31 (which authorizes government
officials to summarily instigate administrative punishments against
citizens without due process) to bring Vietnam in line with
international standards. The decree reflects poorly on Vietnam,
especially as host of APEC. It had been understood that the GVN is
considering taking the step of abolishing the decree. Bang
replied that the MPS is preparing a report to the National Assembly
(NA) on whether to abolish the decree, but he would not predict when
such a decision could be expected.

Criminal Procedure Code
-----------------------

8. (SBU) During the February 2006 Dialogue, the U.S. delegation
offered to provide technical assistance to the GVN to help amend
Vietnam's Criminal Procedure Code, a process which began in 2004.
The Assistant Secretary reiterated this offer and noted that the
Embassy could coordinate with the GVN on a number of technical
assistance programs. Bang replied that the two best channels for
discussing technical and programmatic assistance on the Code are
through 1) Embassy to National Assembly coordination and 2) direct
National Assembly and Congressional discussions. Nevertheless, Bang
promised to remind the National Assembly of the U.S. offer of
assistance.

Law on Associations
-------------------

9. (SBU) Assistant Secretary Lowenkron raised the fact that the
United States supports the GVN's efforts to build the capacity of
civil society in Vietnam. Lowenkron added that the National
Assembly (NA) recently debated an eleventh draft of a Law on
Associations (LOA) that would pave the way for a robust civil
society in Vietnam. The GVN, however, had withdrawn the draft law
from the agenda of the current NA session. The United States looks
forward to promulgation of the LOA. Bang had no reply.

Religious Freedom
-----------------

10. (SBU) Concerning religious freedom, the Assistant Secretary told
Bang that the United States is prepared to lift Vietnam's Country of
Particular Concern (CPC) status if the GVN provides a clear
commitment to register more churches in northern Vietnam in the
coming months. The Ambassador added that Ambassador-at-Large for
International Religious Freedom John Hanford asked him to convey the
message that if the GVN commits to registering one hundred
Evangelical Church of Vietnam North (ECVN) congregations in the
north by the end of the year, Ambassador Hanford will recommend that
CPC be lifted before the President's visit in November.

11. (SBU) According to Bang, there has been good progress on
religious freedom conditions in the Central Highlands, though some
small problems remain. A number of Protestant churches have been
registered across Vietnam, including 18 ECVN congregations in the
Northwest. "You may not be satisfied totally, but this is enough to
create a positive atmosphere during the President's visit," he
added.

Dissidents ("8406 Bloc"), Press Freedom
---------------------------------------

12. (SBU) The Assistant Secretary pointed out that the GVN's
restraint over recent dissident developments, particularly the
advent of the "8406 Bloc", and the unprecedented media debate about
the future of the Communist Party of Vietnam's (CPV) role in society
prior to the CPV Congress in April are both positive developments
that the United States would like to see continue. Bang replied
cryptically that "we will have to try harder to lift the spirits of
public opinion" in advance of the President's visit, or "Vietnam
will not be very hospitable."

Next Round of the Human Rights Dialogue
---------------------------------------

13. (SBU) In conclusion, the Assistant Secretary invited the VFM and
his staff to attend another round of the bilateral Human Rights
Dialogue in either February or March 2007 in Washington, D.C. Bang
thanked the Assistant Secretary for the invitation but did not
commit to a date but it was agreed that Embassy Hanoi and Ambassador
Marine would follow up with government officials after the APEC
meeting to discuss a suitable date.

14. (SBU) Assistant Secretary Lowenkron has cleared this message.

MARINE

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