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Viewing cable 06HANOI1897, SBU) MFA CONFIRMS DISSIDENT'S RELEASE UNDER CONSIDERATION;

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Reference ID Created Released Classification Origin
06HANOI1897 2006-07-26 07:11 2011-08-25 00:00 UNCLASSIFIED//FOR OFFICIAL USE ONLY Embassy Hanoi
VZCZCXRO1256
PP RUEHCHI RUEHDT RUEHHM
DE RUEHHI #1897/01 2070711
ZNR UUUUU ZZH
P 260711Z JUL 06
FM AMEMBASSY HANOI
TO RUEHC/SECSTATE WASHDC PRIORITY 2875
INFO RUEHHM/AMCONSUL HO CHI MINH CITY PRIORITY 1551
RUEHZS/ASEAN REGIONAL FORUM COLLECTIVE PRIORITY
UNCLAS SECTION 01 OF 04 HANOI 001897 
 
SIPDIS 
 
SENSITIVE 
SIPDIS 
 
STATE FOR EAP/MLS, DRL/IRF, DRL/AWH 
 
E.O. 12958: N/A 
TAGS: PREL KIRF PHUM PGOV HUMANR VM
SUBJECT: (SBU) MFA CONFIRMS DISSIDENT'S RELEASE UNDER CONSIDERATION; 
REITERATES RELIGIOUS FREEDOM AND HUMAN RIGHTS DEVELOPMENTS 
 
REF: A) HANOI 1764; B) EAP/MLS OI 73-06; C) HANOI 1666 
 
HANOI 00001897  001.2 OF 004 
 
 
Summary and Comment 
------------------- 
 
1. (SBU) On July 25, the MFA confirmed to the Ambassador that 
prominent dissident Dr. Pham Hong Son will (likely) be released 
September 2, but requested we keep this information close-hold 
within the USG until the GVN makes their final decision in August. 
The GVN has not decided if it will release other political and 
religious prisoners.  The MFA also provided a written update on 
religious freedom developments and a written response to Senator 
Grassley's recent questions on human rights in Vietnam.  The 
Ambassador encouraged the GVN to release all prisoners of concern 
and to repeal or reform GVN Decree 31 (allowing arbitrary 
imprisonment) before the President visits in November.  He also 
noted that slow progress on Protestant house church registration in 
the north and continuing abuse of a Protestant congregation in Thanh 
Hoa Province, including the beating of two women on July 24 (Poloff 
was given photographs of their injuries), threatens to overshadow 
Vietnam's progress on religious freedom even as the United States 
considers its decision regarding Vietnam's Country of Particular 
Concern (CPC) status. 
 
2. (SBU) Summary and Comment cont'd.: Son's impending release is 
welcome news, although we will continue to push for the release of 
all prisoners of concern.  The Ambassador will meet with Son's wife 
on July 27 to ascertain what she and another dissident's wife have 
heard about the amnesty.  Visits from Assistant Secretary Lowenkron 
and Ambassador Hanford could help to continue to move the Vietnamese 
in the right direction in the areas of human rights and religious 
freedom before the President's November visit.  End Summary and 
Comment. 
 
Human Rights Developments 
------------------------- 
 
3. (SBU) Late on July 25, the Ambassador met with the MFA's 
Department of International Organizations (MFA/IO) Director General 
Pham Binh Minh.  (Note: Minh is the GVN's Human Rights Dialogue 
coordinator.  He chaired the Vietnamese side in our bilateral 
dialogue in February as well as similar dialogues with the EU, 
Australia and other nations. End Note).  Minh stated that he had 
been instructed to keep us informed of human rights developments in 
Vietnam following the February Human Rights Dialogue as part of the 
GVN's commitment to show that the dialogue is "results based."  He 
handed over two documents outlining religious freedom and human 
rights improvements in Vietnam.  The first document, which detailed 
religious developments over the past six months, is identical to 
what Committee on Religious Affairs (CRA) Chairman Ngo Yen Thi sent 
to Ambassador-at-Large for International Religious Freedom John 
Hanford on July 8 (Ref A, paragraph 4).  The second document was 
drafted in response to Senate Finance Committee Chairman Grassley's 
July 12 questions concerning religious freedom and Vietnam's Tier-2 
status on Trafficking in Persons efforts (verbatim text in paragraph 
9). 
 
4. (SBU) The Ambassador thanked Minh for the GVN's response to 
Chairman Grassley's questions and urged the GVN to publicly commit 
to continue to work with the United States to address our human 
rights and religious freedom concerns following Vietnam's WTO 
accession (Ref B).  The Ambassador further noted that Assistant 
Secretary for Democracy Rights and Labor Barry Lowenkron hopes to 
 
SIPDIS 
return to Vietnam before the President visits in November. 
 
5. (SBU) Reminding Minh that the United States is committed to a 
results-based Human Rights Dialogue, the Ambassador noted that one 
agenda item from February's round that has not seen much progress is 
Decree 31 (which allows administrative detention on vague national 
security grounds).  We would like to see Decree 31 repealed or at 
least reformed.  To achieve substantive movement in this area, 
hopefully before November, the United States is willing to assist 
the GVN in providing technical assistance and expertise, but we need 
an expression of interest from Hanoi, the Ambassador said. 
 
Pham Hong Son 
------------- 
 
6. (SBU) Minh confirmed that prominent dissident Dr. Pham Hong Son 
will "likely" be among the prisoners released in a general amnesty 
on the occasion of Vietnam's National Day (September 2).  MFA/IO had 
recommended that the GVN consider releasing all four individuals on 
our list of prisoners of concern (the others are Ma Van Bay, Nguyen 
Vu Binh and Phan Van Ban).  Minh was careful to state that "the 
procedure for considering Son's release is still continuing" and 
requested that the United Stated keep this information close hold, 
even from other missions, until the GVN gives permission to inform 
the public and Son's family.  He implied, however, that news of the 
 
HANOI 00001897  002.2 OF 004 
 
 
release could be given to Members of Congress if it would not mean 
public release of the information.  (Note:  On July 26, the MFA 
provided Post with a copy of the letter Vietnamese Ambassador Chien 
sent to Senator Grassley on July 25, which, among other things, 
informs the Senator of the decision to release Son.  Copy of letter 
e-mailed to EAP/MLS.  End Note.)  The final decision will likely be 
made public in late August, Minh added.  The Ambassador asked if 
others on our list of prisoners of concern, mentioning each by name, 
will also be released.  Minh only replied that "the (consideration 
of amnesty) process is still ongoing."  The Ambassador encouraged 
the GVN to release all three, and reiterated his request to visit 
Nguyen Vu Binh in prison if he is not to be released. 
 
Religious Freedom 
----------------- 
 
7. (SBU) The Ambassador noted that the decision point for 
continuation of removal of Vietnam's CPC status on religious freedom 
is fast approaching, and Ambassador Hanford may return to Vietnam 
soon to encourage the GVN to speed up progress with registration of 
Protestants in northern Vietnam and the Northwest Highlands.  He 
also raised U.S. concerns about the continuing troubles facing the 
"Full Gospel" house church in Thanh Hoa Province (Ref C).  (Note: 
Poloff met with four members of the church just prior to the MFA 
meeting.  They reported that local officials continue to verbally 
and physically abuse members of the congregation who attempt to 
visit the home in which the group gathers for worship.  On July 24, 
two women who did so, Mrs. Le Thi Duc and her daughter Nguyen Thi 
Huong, were beaten by plain clothed police and dragged to the local 
cultural building where community residents were forced to insult 
the pair and throw cow manure at them.  Poloff met with Duc, who 
showed him the severe swelling to the left side of her face and 
provided photographs of the two taken just after the incident the 
previous day.  End Note.)  Showing these photographs to DG Minh, the 
Ambassador stressed that it would be unfortunate if continued 
unpunished incidents like this overshadow the good progress Vietnam 
has made in religious freedom.  Minh stated that he has no 
information about the situation in Thanh Hoa, but promised to 
investigate.  "We also know that some people who do bad things are 
associated with religion and claim they are being persecuted for 
religious reasons, though they really are not," he said.  The 
Ambassador stressed that the evidence in this case does not support 
that explanation. 
 
Comment 
------- 
 
8. (SBU) Son's impending release is welcome news, although we will 
continue to push for the release of all prisoners of concern.  We 
had already planned to meet with Son's and Binh's wives on July 27 
to discuss their husbands' status.  We will honor the GVN's request 
to keep the decision to release Son close hold, but will ascertain 
what they have heard about the amnesty.  Visits from Assistant 
Secretary Lowenkron and Ambassador Hanford could help to continue to 
 
SIPDIS 
push the Vietnamese in the right direction in the areas of human 
rights and religious freedom before the President's November visit. 
End Comment. 
 
GVN RESPONSE TO CHAIRMAN GRASSLEY 
--------------------------------- 
 
9. (SBU) Begin verbatim GVN text: 
 
RESPONSES OF THE EMBASSY OF VIETNAM TO QUESTIONS OF CHAIRMAN 
GRASSLEY AND OTHER MEMBERS OF THE SENATE FINANCE COMMITTEE AT 
HEARING ON VIETNAM PNTR 
 
(Para) 1. How does the trafficking categorization work? 
 
The U.S. Department of State's Report on Trafficking in Persons 
released 5 June 2006 placed 26 countries in Tier 1; 79 countries in 
Tier 2 Non-watch list; 32 countries in Tier 2 Watch list and 12 
countries in Tier 3. 
 
Vietnam continues to be listed in Tier 2 Non-watch list, together 
with 78 others (79 out of 149 countries covered by the report), 
including such countries as Portugal, Moldova, Thailand, and the 
Philippines.  As compared with other countries in the region, 
Vietnam is placed higher then Malaysia, India, Taiwan, and China. 
 
(Para) 2. Why is Vietnam in the Tier 2 Non-watch category? 
 
The major reason is that Vietnam has not made sufficient efforts to 
combat trafficking, particularly the trafficking of Vietnamese women 
as brides to destinations in East Asia and the forced labor 
conditions of many Vietnamese workers sent abroad. 
 
The Vietnamese Government has taken significant steps in this area, 
 
HANOI 00001897  003.2 OF 004 
 
 
including the following: 
 
- increase the level of punishment for trafficking in women; 
- pay increased attention to reintegrating victims of trafficking 
into the community; 
- strengthen cooperation with other countries in combating 
trafficking in women, especially in controlling the Vietnamese 
border with neighboring countries; 
- inspect and regulate services offered by brokers in employment, 
marriage, child adoption; 
- increase activities on poverty reduction and job creation for 
women; and 
- advocate actively increasing the responsibility of the people in 
preventing and fighting trafficking in women 
 
The Government has also been collaborating with concerned countries 
to fight the crime and to ensure the rights and dignity of 
Vietnamese nationals who are there through marriages or labor 
contracts. 
 
With respect to collaboration with the U.S., Vietnamese government 
agencies have been cooperating with the U.S. Embassy in Hanoi, 
providing information and data on this issue at the request of the 
Embassy. 
 
(Para) 3. What does the constitution and new religious freedom law 
say about the right to establish a religion and practice one's 
faith? 
 
-Citizens have to right to freedom of belief and religion, that is, 
to follow or not to follow a religion; 
 
-The State guarantees the right to freedom of belief and religion of 
its citizens. 
 
-The Ordinance on Religion and Belief (passed by the National 
Assembly on 18 June 2004) has elaborated on provisions in the 
Constitution and codified the guidelines and policies of the State 
of Vietnam on religions and beliefs in this new context.  This legal 
document better reflects the aspiration and needs for religious 
belief and spiritual practices of the people and ensures compliance 
with international conventions on human rights that Vietnam has 
signed.  Article 38 of the Ordinance eloquently states that "in case 
of non-compliance with an international convention that Vietnam has 
signed, the international conventional shall prevail." 
 
(Para) 4.  How many religions are recognized by the state, what are 
they, and what does it mean to not be recognized?  Does it mean you 
cannot hold religious services by law and/or in practice? 
 
On recognized religions:  Vietnam is a multi-religious state, with 
more than 20 million believers, and more than 30,000 places of 
worship.  Buddhism is the largest of the major world religions in 
Vietnam, with about ten million followers and more than 20,000 
pagodas dedicated to Buddha.  The second largest is Catholicism, 
with about six million followers and more than 6,000 churches 
engaged in religious activities throughout the country.  More than 
500 churches damaged during the U.S. air war against Vietnam are 
being rebuilt.  Other recognized religious organizations are 
northern Vietnam Evangelical Church and Southern Vietnam Evangelical 
Church; Caodaism, Hoa Hao and Islam.  These 6 major religions 
consist of thousands of denominations. 
 
Those denominations that have not been registered still can carry 
out normal religious activities.  At the same time, the Government 
facilitates the process of application for official recognition. 
 
The question of registration is for Protestant denominations only. 
The process of registration was started a year ago after the 
Ordinance of Religions and beliefs was promulgated in 1/1/2005.  The 
Prime Minister's ("PM") instruction on Protestant affairs was 
released at the same time.  So far, about 400 house churches and 600 
worshipping places in the Central Highlands have been registered. 
Three denominations (including one of the Baptist Churches) have 
been recognized.  The process of registration for all the remaining 
denominations has been accelerated according to the Ordinance and PM 
Instruction. 
 
(Para) 5.  What is status of Latter Day Saints, Jehovah's Witnesses, 
and Baptists? 
 
These denominations are in the process of registration.  In Vietnam, 
Baptists have 7 different churches.  One of these has been 
recognized; the remaining is in the process of registration. 
 
(Para) 6. Of the 2 Cardinals, 1 archbishop and 36 bishops in the 
Catholic religion, who has been appointed by the Vatican and who by 
the government of Vietnam?  Does the Government appoint cardinals, 
 
HANOI 00001897  004.2 OF 004 
 
 
bishops, and priests etc, or have veto power?  When did it last use 
its veto or disapproval power? 
 
The last time the Government used its veto on a Vatican appointment 
was in 1998.  The current 2 Cardinals, 1 archbishop, and 36 Bishops 
were all ordained by the Vatican.  According to Vietnamese law, the 
State does not nominate or ordain religious officials or leaders. 
 
End verbatim GVN text. 
 
MARINE