US embassy cable - 01HANOI2227

C O N F I D E N T I A L SECTION 01 OF 02 HANOI 002227 
 
SIPDIS 
 
FOR EAP/BCLTV 
 
E.O. 12958: DECL: 09/10/06 
TAGS: PREL, VM, HUMANR 
SUBJECT: MFA PROTESTS VIETNAM HUMAN RIGHTS ACT 
 
 
1. (U) CLASSIFIED BY CHARGE D'AFFAIRES 
ROBERT C. PORTER, JR.  REASON: 1.5 (D) 
 
2.  ( C ) SUMMARY: AN MFA DEMARCHE TO CHARGE 
ON SEPTEMBER 10 CHARACTERIZED THE HOUSE 
PASSAGE OF THE VIETNAM HUMAN RIGHTS ACT 
(VHRA) AS THE MOST SERIOUS STEP SINCE 
NORMALIZATION OF RELATIONS AND WARNED OF 
UNPREDICTABLE CONSEQUENCES, INCLUDING ON 
RATFICATION HERE OF THE BTA.  THE OFFICIAL 
REACTION IS PREDICTABLE BUT NONETHELESS 
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REFLECTS ONGOING TOP LEVEL SUSPICION OF US 
MOTIVES TOWARD VIETNAM.  END SUMMARY. 
 
3.  ( C ) FOREIGN MINISTRY (MFA) AMERICAS 
DEPARTMENT DIRECTOR NGUYEN XUAN PHONG CALLED 
CHARGE D'AFFAIRES TO MFA ON SEPTEMBER 10, 
HAVING BEEN UNWILLING TO MEET WITH ANY OTHER 
EMBASSY OFFICIAL ON SEPTEMBER 7 IN CHARGE'S 
ABSENCE IN HO CHI MINH CITY.   PHONG TOLD 
CHARGE THAT HE WISHED TO EXPRESS THE 
"FEELING" THAT THE PASSAGE OF THE VIETNAM 
HUMAN RIGHTS ACT (VHRA) COULD HAVE A 
NEGATIVE IMPACT ON THE DEVELOPMENT OF 
BILATERAL RELATIONS AND ON THE WILLINGNESS 
OF THE GOVERNMENT AND PEOPLE OF VIETNAM TO 
WORK WITH THE USG.  HE NOTED THAT THE "HARD 
REALITY" OF THE 410-1 VOTE IN THE HOUSE OF 
REPRESENTATIVES MADE IT "IMPOSSIBLE TO SAY" 
THAT THIS REFLECTED MINORITY OPINION. 
 
4.  ( C ) PHONG LABELED THE CONTENT OF THE 
VHRA AS A "BLATENT LIE" AND AS "GROSS 
INTERFERENCE" IN VIETNAM'S INTERNAL AFFAIRS. 
HE NOTED THAT VIETNAM HAD REPEATEDLY DURING 
THE NEGOTIATIONS ON THE BILATERAL TRADE 
AGREEMENT URGED THE REVOCATION OF THE 
JACKSON-VANICH AMENDMENT AS A "COLD WAR 
RELIC."  HOWEVER, NOT ONLY DID THE JACKSON- 
VANICH AMENDMENT STILL APPLY TO VIETNAM, BUT 
CONGRESS WAS NOW SEEKING TO MAKE AN "EVEN 
WORSE" LAW (THE VHRA), WHICH WAS AIMED AT 
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OPPOSING THE INDEPENDENCE AND SOVEREIGNTY OF 
VIETNAM, AS WELL AS BEING AGAINST THE 
INTERESTS OF THE FUTURE OF BILATERAL 
RELATIONS. 
 
5.  ( C ) PHONG STATED THAT THE GOVERNMENT 
AND PEOPLE OF VIETNAM VIEWED THE VHRA AS THE 
"MOST BLATANT AND SERIOUS" ACT REGARDING 
POLICY TOWARD VIETNAM SINCE THE 
NORMALIZATION OF RELATIONS.  HE CALLED THE 
IMPACT OF ITS POSSIBLE PASSAGE BY THE SENATE 
AS "UNPREDICTABLE," ESPECIALLY AS CONCERNED 
NATIONAL ASSEMBLY RATIFICATION OF THE BTA. 
PHONG SAID THAT THE MFA "SQUARELY OPPOSED" 
THE VHRA AND REQUESTED THE STATE DEPARTMENT 
TO "DO WHATEVER" TO STOP SENATE APPROVAL, IN 
THE INTEREST OF RELATIONS BETWEEN THE TWO 
NATIONS. 
 
6.  ( C ) PHONG ALSO EXPRESSED CONCERN THAT 
THE STATE DEPARTMENT, CONTRARY TO 
EXPECTATIONS, HAD NOT FORMALLY OPPOSED HOUSE 
PASSAGE OF THE VHRA, AND CALLED ON 
ADDITIONAL STEPS BY THE STATE DEPARTMENT 
BEFORE SENATE CONSIDERATION.  SENATE PASSAGE 
COULD HAVE A "VERY, VERY NEGATIVE" IMPACT 
HERE AND WOULD BE "VERY DANGEROUS" TO THE 
FUTURE OF THE RELATIONSHIP.  HE NOTED THAT 
IT WAS ALREADY "VERY DIFFICULT" TO EXPLAIN 
HOUSE PASSAGE OF THE VHRA TO THE PEOPLE AND 
LEADERSHIP OF VIETNAM, SOME OF WHOM WERE 
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PAGE 04        HANOI  02227  01 OF 02  101032Z 
CONCERNED ABOUT A PERCEIVED HARDENING OF US 
POLICY TOWARD VIETNAM OR EVEN ABOUT A 
"SECOND AGENDA" OF SEEKING TO DESTROY 
VIETNAM'S "REVOLUTION, COUNTRY, AND PEOPLE, 
IN SPITE OF BEAUTIFUL WORDS."  HE NOTED THE 
VHRA'S INCLUSION OF FUNDS FOR GROUPS TO 
PROMOTE DEMOCRACY AND FREEDOM, WHICH SOME IN 
VIETNAM SAW AS A PRETEXT TO URGE VIETNAMESE 
PEOPLE TO "RAISE UP AGAINST THE GOVERNMENT." 
 
7.  ( C ) WHILE EMPHASIZING THE POSITIVE 
VOTE ON BTA THE SAME DAY BY THE HOUSE, 
CHARGE PROMISED TO CONVEY MFA CONCERNS TO 
WASHINGTON.  HE NOTED THAT HOUSE PASSAGE OF 
THE VHRA REFLECTED CONCERN OVER THE HUMAN 
RIGHTS SITUATION IN VIETNAM AND URGED 
VIETNAM TO CONSIDER STEPS TO IMPROVE THE 
HUMAN RIGHTS SITUATION AND ITS INTERNATIONAL 
IMAGE, SUCH AS ACCESS BY INDEPENDENT 
OBSERVERS TO THICH QUANG DO, AS WELL AS TO 
THE CENTRAL HIGHLANDS.  HE AGREED WITH PHONG 
 
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THAT THE TWO COUNTRIES NEEDED TO WORK HARD 
TO FIND WAYS TO KEEP THE RELATIONSHIP MOVING 
IN A POSITIVE DIRECTION, AND AGAIN URGED THE 
GVN TO BE MORE RESPONSIVE TO OVERALL HUMAN 
RIGHTS CONCERNS. 
 
9.  ( C ) COMMENT:  MUCH OF THE MFA DEMARCHE 
WAS PREDICTABLE, AND PHONG READ CAREFULLY 
FROM A SCRIPT THAT ECHOED SIMILAR COMMENTS 
BY THE MFA SPOKESMAN AND IN A SEPTEMBER 8 
"NHAN DAN" COMMENTARY.  THE SHRILL TONE IS 
PROBABLY ALSO RELATED TO WHAT APPEARS TO BE 
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PAGE 02        HANOI  02227  02 OF 02  101033Z 
ONGOING HEIGHTENED WORRY AMONG SOME OF THE 
LEADERSHIP ABOUT THE USG'S COMMITMENT TO THE 
FUTURE OF THE BILATERAL RELATIONSHIP.  THE 
MFA MUST HAVE FELT TAKEN OFF GUARD AND 
INADEQUATELY ABLE TO EXPLAIN TO THE 
LEADERSHIP THE ABSENCE OF FORMAL STATE 
OPPOSITION TO VHRA BEFORE THE HOUSE VHRA 
VOTE AND THE ONE-SIDED NATURE OF THE VOTE. 
PORTER 
 
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