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Viewing cable 06HANOI2727, ASSISTANT SECRETARY LOWENKRON DISCUSSES HUMAN RIGHTS WITH

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Reference ID Created Released Classification Origin
06HANOI2727 2006-10-26 03:41 2011-08-25 00:00 UNCLASSIFIED//FOR OFFICIAL USE ONLY Embassy Hanoi
VZCZCXRO0301
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 
 
SIPDIS 
 
SENSITIVE 
SIPDIS 
 
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 
 
 
HANOI 00002727  001.2 OF 002 
 
 
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 
 
SIPDIS 
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. 
 
SIPDIS 
 
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 
 
HANOI 00002727  002.2 OF 002 
 
 
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