US embassy cable - 04HANOI3069

UNCLAS SECTION 01 OF 04 HANOI 003069 
 
SIPDIS 
 
SENSITIVE 
 
DEPT PASS TO EAP/BCLTV; EAP/RSP; DRL; PRM; CA; PM; T; 
STATE PASS TO USTR FOR E.BRYAN 
 
E.O. 12958: N/A 
TAGS: PREL, PHUM, PREF, OTRA, OVIP, MASS, ETRD, EAID, EINV, VM, KICC, WTO, RELFREE, HUMANR, ETMIN 
SUBJECT: GVN EAGER TO CONCLUDE WTO NEGOTIATIONS, 
NONCOMMITTAL ON RELIGIOUS FREEDOM, ARTICLE 98, OTHER U.S. 
PRIORITIES 
 
Ref: A. Hanoi 1699 B. Hanoi 2863 C. Hanoi 2594 
 
1. (U) Summary:  Vice Foreign Minister Le Van Bang told the 
Ambassador that a visit by Prime Minister Phan Van Khai was 
possible at the end of the first half of 2005, and discussed 
possible steps to "create the proper atmosphere" for the 
visit.  As one step, the GVN would like to see a conclusion 
of negotiations with the United States on Vietnam's 
accession to the WTO.  On the steps the United States would 
like to see, including religious freedom and Central 
Highlands progress, and agreements on Article 98 and 
International Military Exchange and Training (IMET),  VFM 
Bang stuck close to the usual GVN line and made no 
commitments.  He said the MFA would consider opening 
discussions with the USG on the terms of acquisition of the 
site for the new Embassy compound.  End Summary. 
 
 
ELECTION CONGRATULATIONS AND MOVING FORWARD ON A PM VISIT 
--------------------------------------------- ------------ 
 
2. (SBU) The Ambassador, accompanied by Poloff, hosted Vice 
Minister of Foreign Affairs Le Van Bang for lunch November 
10.  VFM Bang congratulated the United States on a 
successful election and stated that the President's 
reelection meant that the United States and Vietnam can move 
ahead with plans for a visit by Prime Minister Phan Van 
Khai.  The GVN will be able to provide a formal proposal in 
December, VFM Bang said, when the 2005 travel plan for 
Vietnam's leadership is approved.  VFM Bang said he thinks 
this visit will be planned for the first half of 2005, 
adding that the United States and Vietnam should begin 
working now to take the necessary steps to "create the right 
atmosphere for the visit."  VFM Bang suggested that among 
the first of such necessary steps was for the United States 
and Vietnam to conclude negotiations on Vietnam's accession 
to the World Trade Organization (WTO). 
 
3. (SBU) VFM Bang said that the recent bilateral meetings in 
Washington on WTO had been "very positive" and that the 
Vietnamese delegation believes that Vietnam is "ready to go 
forward."  VFM Bang noted that Chile and Vietnam have 
finished their bilateral negotiations, and that Brazil would 
announce the conclusion of that bilateral negotiation when 
President Tran Duc Luong visited later in the month.  The 
Europe negotiation was finished, VFM Bang said, but China 
and Japan were both on the horizon.  Vietnam wants to 
conclude negotiations with the United States as a point of 
leverage against the Japanese and Chinese, he added.  The 
Ambassador said that, while there is considerable work to be 
done, the United States was wholly in favor of Vietnam's 
entry into the WTO.  He reminded VFM Bang that Vietnam's 
accession would trigger a vote in Congress on Permanent 
Normal Trade Relations (PNTR).  Before that debate, the 
Ambassador suggested, Vietnam should try to cultivate 
American business support by resolving some ongoing issues, 
such as insurance licensing and tax rates on automobiles. 
 
4. (SBU) VFM Bang brought up his planned March visit to 
Texas Tech University and suggested that in addition to that 
event, the United States and Vietnam work together to create 
other cultural and trade events so that there could be a 
"calendar" of U.S.-Vietnam events during 2005 celebrating 
the tenth anniversary of U.S.-Vietnam relations. 
 
5. (SBU) The Ambassador noted to VFM Bang that there were 
other issues the United States believes "important" for 
creating the proper conditions for a visit by PM Khai. 
Among those issues are the signing of an Article 98 
agreement and achieving progress on the religious freedom 
issue. 
ARTICLE 98 
---------- 
 
6. (SBU) The Ambassador told VFM Bang that the results of 
the election ensure that Article 98 agreements will continue 
to be a priority for the United States.  With 96 countries 
already having executed Article 98 agreements with the 
United States, and with Vietnamese policy already agreeing 
that Vietnam would not render an American serviceman to the 
International Criminal Court, signing a document with the 
United States formalizing that fact should not be a problem, 
the Ambassador emphasized.  VFM Bang acknowledged that this 
issue is a "matter of principle" for the Europeans and 
hinted that Vietnam found itself being pressured by both 
sides on an issue that is not central to Vietnam's 
interests.  The Ambassador stressed that this is a bilateral 
issue between the United States and Vietnam, one that can be 
solved with a simple political decision.  VFM Bang said that 
a "creative" decision was needed that addresses the concerns 
of all sides, including the Europeans. 
 
RELIGIOUS FREEDOM 
----------------- 
 
7. (SBU) Religious freedom and Vietnam's designation as a 
country of particular concern (CPC) is another issue that 
must be resolved to create the proper conditions for the 
PM's visit, the Ambassador said.  In advance of the December 
15 "90-day deadline" for a USG response to CPC designation, 
the United States would be looking closely at GVN actions, 
in particular the expected November 15 release of 
implementing regulations for the new ordinance on religion. 
Robust protections for religious freedom contained in the 
implementing regulations and vocal publicity from leadership 
figures calling on the entire country to follow the 
ordinance would be strong indicators of GVN commitment, the 
Ambassador added.  The issue of the treatment of high- 
profile religious freedom cases is also important, the 
Ambassador said.  The upcoming case of Mennonite Pastor Le 
Chi Quang (reftel A) is one good example: it would be a 
positive step for the GVN to grant the request for an 
officer from the U.S. Consulate General in Ho Chi Minh City 
to attend the trial. 
 
8. (SBU) VFM Bang was noncommittal.  He noted that the 
Italian Vice Foreign Minister had recently been permitted to 
visit Gia Lai province in the Central Highlands, and said 
the GVN would soon host Human Rights dialogues with China, 
Canada and Norway in Hanoi.  He also mentioned that the GVN 
will host a seminar with European countries on the issue of 
the death penalty.  The religious freedom issue often comes 
down to the inability of the central government to impose 
control on local authorities, VFM Bang said, quoting the 
Vietnamese proverb "the law of the emperor stops at the 
village gate."  VFM Bang said he agreed with the 
Ambassador's points, but admitted that some in the GVN 
considered him "soft" on the issue of religious freedom. 
 
CENTRAL HIGHLANDS AND MONTAGNARD REFUGEES 
----------------------------------------- 
 
9. (SBU) The Ambassador added that social and economic 
development is also important in the Central Highlands, and 
that this is an area where the United States wants to make a 
contribution.  With that in mind, he said, he plans to send 
his Economic Counselor and AID representative to the Central 
Highlands to discuss economic development.  The central 
government should tell Kon Tum provincial authorities that 
Hanoi supports this visit, the Ambassador said.  VFM Bang 
noted that the Central Highlands has achieved remarkable 
growth this year (13 percent in the first ten months of 
2004), thanks, in part, to a surge in cashew nut exports. 
 
10. (SBU) VFM Bang told the Ambassador that the Central 
Highlands has acted as a "brake" on bilateral relations in 
2004.  "We must solve this issue in a delicate and creative 
way," he said, by improving living conditions in the 
Highlands, resolving bilateral issues with the United 
States, and mollifying at least some of the dissatisfied 
U.S. domestic constituencies.  The GVN has already taken the 
first steps towards improvement of economic conditions and 
the involvement of the international community, VFM Bang 
noted, by pursuing projects with the United Nations 
Development Program (UNDP) and the Italian development 
agency.  The Ambassador agreed that these were positive 
steps, and added that the most important thing was to ensure 
that the local authorities understand that these projects 
benefit both the province and them personally.  This is also 
true of the situation involving migrants crossing the border 
into Cambodia.  Noting that he had raised the issue of 
administrative obstacles to Montagnard follow-to-join 
refugee cases with Minister of Public Security Le Hong Anh 
(reftel B), the Ambassador asked VFM Bang to advocate for 
the Ministry of Foreign Affairs' help in facilitating the 
departure of legitimate applicants.  He asked VFM Bang if a 
potential new program to allow for the orderly departure of 
migrants from the Highlands had GVN support. 
 
11. (SBU) VFM Bang said he and the GVN were both 
"considering" such a program.  It is clear to the GVN, VFM 
Bang said, that some of the Montagnards were being used 
politically by anti-Vietnam groups in the United States and 
elsewhere.  Those migrants had been told to reject both 
resettlement in a third country and a return to Vietnam in 
order to maximize the political trouble for the Vietnamese 
and Cambodian governments, VFM Bang explained.  This 
strategy, which makes the entire situation more difficult, 
is deliberately designed to "create misunderstanding," he 
said.  Echoing a theme we have heard before from Communist 
Party officials (ref C), he said that the United Nations 
High Commissioner for Refugees (UNHCR) has "lost 
credibility" by "saying one thing and doing the opposite" in 
its previous dealings with Vietnam.  The current problem, 
VFM Bang said, is UNHCR's doing.  The current 500 refugees 
in Cambodia could grow to 1,000, he said, and this would be 
largely facilitated by UNHCR "encouragement."  The 
Ambassador challenged this interpretation of UNHCR 
activities, and stressed that the GVN has to "talk to UNHCR" 
to have any hope of solving the problem of Montagnard 
refugee outflows to Cambodia. 
 
NEW EMBASSY COMPOUND 
-------------------- 
 
12. (SBU) The Ambassador told VFM Bang that we understand 
from our sources in Moscow that the Russians want more money 
as a condition for returning the parcel of land identified 
for a new U.S. Embassy site.  VFM Bang said a MFA delegation 
had just returned from Russia where they had been told that 
the problem had been referred to the Russian Ministry of 
Finance, and that the Russian MFA was waiting for a response 
from the MOF before moving forward.  "This is absurd," VFM 
Bang said, "we had an agreement when I went to Russia last 
December." 
 
13. (SBU) The Ambassador strongly recommended that the 
Embassy and the GVN begin discussions on the land parcel, 
with a final deal contingent on the Russian government 
releasing the property.  VFM Bang said he would explore that 
option with his colleagues at the MFA and would get back to 
us. 
 
INTERNATIONAL MILITARY EXCHANGE AND TRAINING 
-------------------------------------------- 
 
14. (SBU) The Ambassador encouraged VFM Bang to recommend 
the GVN sign an IMET agreement with the United States to 
allow us to train Vietnamese military personnel.  The United 
States was "ready to start tomorrow" in training Vietnamese 
officers in English, a skill the Ministry of Defense has 
identified as a high priority, the Ambassador said.  The 
GVN's objection to the IMET agreement's human rights 
certification requirement should not be an obstacle because 
both the Counternarcotics LOA and the release forms 
Vietnamese law enforcement officers sign before receiving 
International Law Enforcement Academy (ILEA) training 
contained the same language.  VFM Bang noted that the 
Counternarcotics LOA had languished for seven years before 
the GVN signed it. 
 
15. (SBU) Comment: On issues that matter to us, such as 
religious freedom, an Article 98 agreement, and an IMET 
agreement, VFM Bang is more of a messenger than a 
policymaker.  He seems to understand and sometimes share the 
U.S. position on many of these issues, but, considering the 
MFA's institutional insignificance relative to the Party, 
the Army, and the Ministry of Public Security, VFM Bang's 
influence is limited.  His comments on the Central Highlands 
and the fact that the unrest there in April 2004 and the 
United States response "put the brakes on" the bilateral 
relationship are ones we have heard before.  It is 
unfortunate that the GVN is still holding to the "perfidious 
UNHCR" argument rather than actively looking for compromise 
solutions. 
 
MARINE