US embassy cable - 04HANOI2010

UNCLAS SECTION 01 OF 02 HANOI 002010 
 
SIPDIS 
 
SENSITIVE BUT UNCLASSIFIED - HANDLE ACCORDINGLY 
 
STATE FOR EAP/BCLTV and DRL 
 
E.O. 12958:  N/A 
TAGS: PHUM, PREL, VM, HUMANR 
SUBJECT:  DPM DUNG DISCUSSES HUMAN RIGHTS WITH AMBASSADOR 
 
Reftels: A) Hanoi 1727; B) HCMC 917; C) Hanoi 1964 
 
1.  (SBU) SUMMARY.  On July 15, Ambassador Burghardt and 
Deputy Prime Minister (DPM) Nguyen Tan Dung discussed human 
rights issues including several specific cases of Vietnamese 
human rights activists as well as the Vietnam Human Rights 
Act of 2004.  DPM Dung offered to allow Dr. Nguyen Dan Que, 
an elderly dissident most recently arrested in March 2003, 
to leave Vietnam if the U.S. is willing to accept him.  Dung 
also said that the GVN would consider new penalties for Tran 
Khue and Pham Que Duong should they continue their "illegal 
acts."  END SUMMARY. 
 
2.  (SBU) On July 15, Ambassador Burghardt met with DPM Dung 
at the Prime Minister's office to discuss human rights and 
commercial issues.  The Ambassador also followed up on 
issues raised during the U.S.-ASEAN Ambassadors Tour of the 
U.S. and the recently concluded visit to Hanoi of the U.S.- 
ASEAN Business Council.  Discussions of these two visits and 
the commercial issues will be covered SEPTEL.  The 
Ambassador wove human rights and commercial issues into a 
unified theme of "widening the circle of friends" of 
Vietnam.  He urged Dung to take a long-term view towards 
building more effective constituencies in advance of 
critical junctures in the relationship such as the possible 
visit by the Prime Minister in 2005 and the vote to grant 
Vietnam permanent normal trade relations (PNTR) once we have 
reached a bilateral agreement on Vietnam's WTO accession. 
Ambassador Burghardt noted that several opportunities 
currently exist to build the right type of constituency that 
would allow Vietnam and the U.S. to deepen their ties. 
 
3. (SBU) The Ambassador asked that the GVN consider the 
release of Vietnamese dissidents who are imprisoned for the 
peaceful expression of their personal views, including 
Nguyen Dan Que, Nguyen Khac Toan, Pham Hong Son, and Nguyen 
Vu Binh.  Dung responded by asking if the U.S. would be 
prepared to accept Nguyen Dan Que, if the GVN released him. 
The Ambassador countered that the real issue would be, "Does 
he want to go?  That's a question that only he can answer." 
He reminded Dung that this issue was not a new one, and that 
prior to the Ambassador's arrival in 2001, Nguyen Dan Que 
had refused a similar offer.  The Ambassador added that visa 
procedures aside, "I am confident we would be willing to 
take him."  Again, the Ambassador noted that the best 
response would be to allow dissidents to stay without 
further harassment for the peaceful expression of their 
views.  As the meeting drew to a close, Dung brought up his 
previous offer saying that, "If Mr. Que wants to go the 
U.S., Vietnam will let him."  The Ambassador said that 
someone from our Embassy or the HCMC Consulate would need to 
discuss this with Nguyen Dan Que.  [NOTE: Dr. Que is 
scheduled to be tried July 29 in Ho Chi Minh City on charges 
of "abusing democratic rights to jeopardize the interests of 
the State. END NOTE] Dung's final comment on Que was that if 
he stayed in Vietnam but continued to violate the law, he 
would be rearrested.  [COMMENT: The context of this remark 
implied that an early release was possible.  END COMMENT] 
 
4.  (SBU) Regarding the request to release dissidents, DPM 
Dung also replied that the GVN does not have any law that 
would penalize anyone with different political views, and 
all of those arrested and detained had violated the laws of 
Vietnam.  DPM Dung raised the possibility that Father Nguyen 
Van Ly may be released in September stating that, "He has 
recognized his guilt." (Ref A)  He further added that, "Tran 
Khue and Le Chi Quang were indicted for illegal acts, and if 
they continue, we will consider more penalties." (Refs. B 
and C) 
 
5.  (SBU) The Ambassador explained the dynamics surrounding 
H.R. 1587, the Vietnam Human Rights Act of 2004, and how 
they differed from those that existed during previous years. 
While the new caucus formed by Congressmen Rob Simmons and 
Lane Evans was a new force to consider, he explained that 
some of Vietnam's longtime friends in Congress might be 
reluctant during this election year to take action to derail 
or defeat the Human Rights Act.  The Ambassador acknowledged 
some recent gestures that would be seen in a positive light, 
most notably the prison sentences roughly equal to time 
served for Tran Khue and Pham Que Duong.  However, he 
reiterated the USG position that their actions did not 
warrant arrest and detention in the first place.  The 
Ambassador further added that most foreign governments and 
outside observers would not grant Vietnam much credit for 
the reduced sentences, but they would express great praise 
if Vietnam would allow them to express themselves 
unmolested. 
 
6.  (U) DPM Dung stated that he did not wish to further 
debate the human rights issues raised by the Ambassador, and 
the GVN only wished that the U.S. would not interfere with a 
domestic issue.  At several points during the meeting he 
mentioned recent positive developments such as the 
designation of Vietnam as the 15th HIV/AIDS focus country 
and the Jackson-Vanik waiver.  He also acknowledged the 
efforts of many members of the U.S. Congress and other 
interest groups speaking up on behalf of Vietnam this year 
in advance of the vote on H.R. 1587. 
BURGHARDT