US embassy cable - 05HANOI716

UNCLAS  HANOI 000716 
 
SIPDIS 
 
 
SENSITIVE 
 
STATE FOR EAP/BCLTV AND DRL/IRF 
 
E.O. 12958: N/A 
TAGS: PREL, KIRF, PHUM, PGOV, VM, RELFREE, HUMANR 
SUBJECT: DISCUSSIONS WITH VIETNAM ON CPC ACTION 
 
1. (SBU) Summary:  Bilateral discussions between the USG and 
GVN to address the issue of Country of Particular Concern 
(CPC) designation and Presidential action have stalled on 
the form, rather than substance, of a bilateral "binding 
agreement" as allowed by the International Religious Freedom 
Act.  In discussions with senior Ministry of Foreign Affairs 
interlocutors, Ambassador at Large for International 
Religious Freedom John Hanford said that the USG views 
recent Vietnamese legislation on religion and the freeing of 
some prisoners as positive signs, but that a bilateral 
agreement is needed to confirm that these trends would 
continue.  The GVN had initially welcomed an "action plan" 
in the form of an exchange of notes and expressed a desire 
to negotiate the action plan before March 15.  However, the 
day before negotiations were to begin, the Vietnamese 
relayed objections by some GVN constituencies to "United 
States pressure" on Vietnamese domestic policy.  In place of 
an exchange of notes, the GVN proposed an exchange of 
letters that would lay out recent accomplishments and 
planned GVN actions in the area of religious freedom. 
Discussions approached uniformity on the substance of the 
letter that would be exchanged, but ultimately became hung 
up on the use of the word "agreement."  The GVN's most 
recent proposed text of their letter is attached.  At the 
close of discussions, disparity remained between the USG and 
GVN positions on a number of areas of this text.  Post 
believes that these differences can be bridged if the USG 
engages in some delicate wordsmithing that will outline the 
commitments the GVN is willing to make and qualify as a 
binding agreement, while allowing the GVN to save face in 
the eyes of conservative elements.  End summary. 
 
2. (SBU) Bilateral discussions on a way to deal with 
required CPC-related Presidential action began with an 
initial March 3 meeting between Assistant Foreign Minister 
Americas Desk Director Nguyen Duc Hung and Ambassador 
Marine, followed by a March 4 session involving Ambassador 
Marine, Ambassador at Large for International Religious 
Freedom John Hanford, PolCouns, DRL/IRF Officer and Poloff 
representing the USG, and Vice Minister of Foreign Affairs 
Le Van Bang, AFM Hung, MFA International Organizations 
Director Pham Binh Minh and an Americas Desk officer 
representing the GVN.  From March 7 to 11, the USG and GVN 
held daily meetings to discuss the issue, during which Le 
Van Bang and Nguyen Duc Hung served as principal 
interlocutors. 
 
Background 
---------- 
 
3. (SBU) In January, after consultations between Ambassador 
Hanford, NSC Senior Director for Asia Michael Green and 
Ambassador Marine, the decision was made to approach the GVN 
with the option of a binding agreement in the form of a 
"work plan" in which the GVN would commit to progress in key 
areas in writing through an exchange of notes.  This idea 
was first signaled in phone calls by Ambassador Hanford to 
Committee for Religious Affairs Chairman Thi and Vice 
Foreign Minister Le Van Bang as well as in meetings between 
Ambassador Marine and VFM Bang.  During his early February 
visit to Hanoi, Dr. Green presented this proposal in greater 
detail in meetings with VFM Bang and AFM Hung. Dr. Green 
suggested a 90-day extension of the deadline in order to 
allow time to negotiate the exchange of notes.  AFM Hung 
expressed the GVN's preference to conclude the exchange in 
the form of an "action plan" before the USG's March 15 
deadline.  In a subsequent discussion with DCM John 
Boardman, Hung said he had approval from the Minister of 
Foreign Affairs to proceed with discussions to reach an 
understanding.  Given this stated desire of the GVN to 
pursue an exchange of notes, Ambassador Hanford scheduled a 
March 4 to March 9 visit to Hanoi to negotiate the 
agreement.  In preparation for this visit, to create a point 
from which to begin negotiations, the USG sent a draft "plan 
of action" that included positive steps the GVN had taken 
and actions it would take. 
 
4. (SBU) In a March 3 meeting with Ambassador Marine, Hung 
stated that the GVN wanted to make a conclusive arrangement 
that would end the issue of CPC, but that the idea of a 
"plan of action" or "work plan" is not agreeable to many 
within the GVN.  An exchange of letters between Vice 
Minister Bang and Ambassador Hanford would be the best 
option, Hung advised. 
 
USG Sets Out its Position 
------------------------- 
 
5. (SBU) At their first meeting March 4, Ambassador Hanford 
told VFM Bang that he saw "promising progress" in the area 
of religious freedom in Vietnam and was seeking a way to 
deal with the issue of required CPC actions that did not 
derail this.  Furthermore, "moving beyond" the CPC issue 
would better set the stage for PM Phan Van Khai's possible 
visit to Washington this summer and the expected trip of 
President Bush to APEC in Hanoi in 2006.  There is 
considerable suppQt in Washington for concluding a binding 
agreement that would allow us to avoid sanctions.  Such an 
agreement ought to cover the areas of forced renunciations, 
registration and opening of new and previously closed 
churches, release of prisoners of concern and an end to the 
physical abuse of religious practitioners, Ambassador 
Hanford said. The agreement would include a USG commitment 
to recommend the removal of Vietnam from the CPC list once 
the commitments made by the GVN had been fully implemented. 
Vietnam has already taken or indicated it plans to take 
action in these areas, so this is not a question of forcing 
new policies on the GVN, he stressed.  Ambassador Marine 
noted that while Vietnam has made a number of positive legal 
changes, it still needs a way of conveying to the USG that 
these laws would be put into practice. 
 
GVN: Keeping up Appearances 
--------------------------- 
 
6. (SBU) VFM Bang talked to the broad range of cooperation 
between the United States and Vietnam and asked the USG to 
consider disputes over religion as "just a part of this." 
He said that commitments the GVN had made to Ambassador 
Hanford and to DRL DAS Elizabeth Dugan in the past have been 
implemented.  Further, he listed recent "positive 
improvements" that the GVN has taken in the area of 
religion.  The USG should think about "its constituencies in 
Vietnam," however.  Conservatives in the GVN are opposed to 
the USG ordering Vietnam to make promises on domestic 
policies. "I do not believe I can deliver this," Bang said, 
referring to the USG action plan that numerically listed GVN 
obligations to improve religious freedom.  Instead, VFM Bang 
proposed that the GVN could exchange letters with the USG in 
which the USG sets forth requests and the GVN responds by 
stating its planned actions.  This would be an "official" 
and "legal" paper that makes GVN commitments, VFM Bang 
stated.  He then urged the USG to "take no action" on CPC 
sanctions. 
 
7. (SBU) On March 7, the USG delegation met with AFM Hung 
and Americas Desk officers.  Ambassador Hanford indicated 
Department lawyers had advised him that an exchange of 
letters would be acceptable, but that both sides would have 
to coordinate language.  Hung responded that the GVN could 
be "flexible on substance," but "inflexible on form."  He 
suggested that the GVN and USG send each other letters 
stating whatever they wished and proposed a "gentlemen's 
agreement" that the GVN would implement the measures 
outlined in its letter.  In a follow-up meeting later that 
day, VFM Bang opined that the USG and GVN might have issues 
with each other's letters but that there is general 
agreement on the core substance.  Responding to this, 
Ambassador Hanford stated that the letters must meet certain 
criteria; that they must constitute an official commitment; 
and, to avoid alternative CPC-related actions, such as 
sanctions, the GVN and USG must agree on the issues laid out 
in the letters.  Concerning the degree to which the letters 
must overlap in language, Hanford agreed to consult with the 
Department. 
 
Working out the Issues 
---------------------- 
 
8. (SBU) The following day, the GVN provided its first draft 
letter.  The draft outlined many recent actions related to 
religion, but also made a number of additional assertions, 
including:  bilateral relations are based on the principle 
of "non-interference into each other's internal affairs;" 
"any argument that Vietnam violates freedom of religion is 
groundless with bad intention;" "there is no arrest because 
of religions reason;" and "those arrested never suffer from 
abuses or mistreatment."  The letter also addressed a number 
of Vietnamese security concerns regarding exile groups 
operating in the United States. 
 
9. (SBU) Ambassador Hanford relayed the Department's legal 
guidance that the GVN and USG letters must be "identical." 
He then discussed draft language that excised those issues 
 
not germane to the issue of religious freedom, sought to 
reword broad assertions into neutral statements of 
Vietnamese policy and suggested language that would make the 
letter acceptable to the USG as an agreement.  For the time 
being, the USG did not address grammatical errors in the 
Vietnamese letter.  Ambassador Hanford also noted that 
language to the effect, "This letter and your reply shall 
constitute an agreement between the parties that enters into 
force on this date" would have to be included in the text as 
a final sentence.  Later on the same day, based on the 
points above and upon the GVN letter, Ambassador Hanford 
presented the GVN with an alternative letter designed to be 
acceptable to both parties. 
 
10. (SBU) On March 9, AFM Hung presented Ambassador Hanford 
with a second version of the GVN letter.  Ambassadors 
Hanford and Marine and AFM Hung held morning and evening 
discussions concerning revisions to this letter that would 
be desirable and/or necessary before the USG could agree to 
its contents. 
 
11. (SBU) On March 10, Vice Minister Bang unexpectedly 
presented Ambassador Hanford a final, signed and "official" 
version of the GVN's letter, attached below.  The letter 
accepted many of the USG's suggestions, but reinserted 
language about non-interference in each other's internal 
affairs, as well as statements that there are no arrests for 
religious reasons in Vietnam and no abuse of prisoners in 
detention.  Furthermore, the letter did not incorporate the 
final sentence Ambassador Hanford had proposed.  Ambassador 
Hanford reiterated that, to fulfill legal requirements of 
the IRF Act, the letters must form an agreement.  VFM Bang 
stated that he had provided an official GVN commitment but 
that he did not believe the type of agreement to which 
Hanford was referring would be possible.  However, at the 
conclusion of the meeting VFM Bang agreed to take the issue 
to his superiors. 
 
12. (SBU) On March 11, in a meeting with PolCouns and 
Poloff, Americas Desk Deputy Director Nguyen Ba Hung said 
that the GVN was hung up on the word "agreement."  The GVN 
also wished to reopen discussion on the letter to include 
some text dealing with security issues, but could not 
further consider any of the USG's suggestions.  Later that 
day Ambassador Hanford and VFM Le Van Bang held a final 
meeting, together with AFM Hung, PolCouns, PolOff and 
DRL/IRF officer.  Ambassador Hanford stated his willingness 
to work hard within the Department to generate alternative 
language for the closing sentence of the letters.  However, 
he reaffirmed that, regardless of the language adopted, the 
letters must form an agreement between the two countries to 
qualify as a Presidential action under the IRF Act. 
 
Comment 
------- 
 
13. (SBU) Comment: We believe that both sides have come to 
agreement on nearly all of the substantive issues that the 
USG would like a binding agreement to address.  Furthermore, 
while the MFA is under pressure to include language on 
arrests, prisoner abuse and security concerns, we do believe 
this issue can be resolved.  We recall AFM Hung's comment 
that form is more important that substance to the GVN.  The 
best way to settle this issue may be for the USG to engage 
in some delicate wordsmithing that will outline the 
commitments the GVN is willing to make and qualify as a 
binding agreement, while allowing the GVN to save face in 
the eyes of conservative elements.  End Comment. 
 
14. (U) Ambassador Hanford has cleared this cable. 
 
15. (SBU) Text of the GVN's proposed letter: 
 
// begin text // 
 
H.E. John V. Hanford III 
Ambassador at Large for 
International Religious Freedom 
Department of State 
United States of America 
 
Hanoi, March 10, 2005 
 
Dear Mr. Ambassador 
 
In 2005, Vietnam and the United States will celebrate the 
10th Anniversary of the establishment of bilateral 
 
diplomatic relations.  After decades of hostility, the two 
countries have not only normalized their relations but also 
expanded cooperation and exchanges in various areas: 
intense contacts between representatives of legislative and 
executive branches and other circles have taken place; 
economic and trade cooperation has seen strong growth, 
benefiting both sides; cooperation in humanitarian issues, 
such as MIA-POW, counter-terrorism, trans-national crimes, 
counter-narcotics and HIV/AIDS have seen positive 
developments; channels for dialogues on issues of mutual 
concern, including human rights have been established. 
Multilaterally, the two sides have worked together under the 
framework of dialogue between the U.S. and ASEAN, with 
Vietnam as a member, the ASEAN Regional Security Forum 
(ARF), APEC. 
 
One of the factors attributed to the above-mentioned 
remarkable developments is the guiding principles of U.S.- 
Vietnam relations laid down when the two countries 
established diplomatic relations, namely mutual respect for 
independence, sovereignty, territorial integrity, non- 
interference in each other's internal affairs, equal and 
mutually beneficial cooperation. 
 
Vietnam is willing to continue enhancing and expanding the 
multi-faceted relations with the U.S. on a stable and long- 
term basis and in conformity with the above-mentioned 
principles with the understanding that the relations between 
Vietnam and the United States not only bring benefits to 
both countries but also contribute to stability and 
cooperation for development in Southeast Asia and the Asia- 
Pacific region. 
 
After protracted years of wars, the Vietnamese people have 
recorded their independence, sovereignty, and the rights to 
self-determination and democracy. 
 
The fundamental rights of the Vietnamese people are clearly 
inscribed in Article 50 of the 1992 Constitution: "In the 
Socialist Republic of Vietnam, people's political, civil, 
economic, cultural and social rights are respected, as 
demonstrated in citizen's rights and prescribed in the 
Constitution and laws". 
 
With regard to the right to religious freedom, particularly, 
Decree No 234/SL dated 14 June 1955 stated clearly: "the 
Government ensures the freedom of belief and worship and the 
right to follow or not to follow any religion". 
 
Article 1 of the Ordinance on Belief and Religion approved 
by the Standing Committee of the National Assembly on 18 
June 2004 prescribes that "citizens have the right to 
freedom of belief and religion, follow or not to follow a 
religion.  The State guarantees the right to freedom of 
belief and religion of its citizens. Nobody is allowed to 
infringe upon that right. All religions are equal before the 
law." This is also reiterated in the Government Decree No 
22/2005/NDCP guiding the implementation the above-mentioned 
Ordinance released on 1 March 2005, which provides for "the 
strict prohibition of forcing citizens to follow or renounce 
religions. All acts of violation. shall be dealt with by the 
law".  Similarly, the Prime Minister's Directive No 1 dated 
4 February 2005 on Protestantism clearly asserts the "strict 
prohibition of forcing citizens to follow or renounce 
religions". 
 
In reality, tens of millions of citizens adhere to Vietnam's 
6 major religions, Buddhism, Catholicism, Cao Dai, Hoa Hao, 
Protestantism and Islam, and they represent a large 
percentage of the population. The number of followers has 
significantly increased in recent years.  The Northern 
Evangelical Church has successfully organized its 32nd 
Convention and elected the Church's new Executive Committee. 
The Southern Evangelical Church has held its Second 
Convention.  In the Central Highlands, a number of 
Protestant congregations have been newly registered in the 
past year. 
 
While attaching importance to completing the legal system on 
religion, and punishing those who take advantage of 
religious freedom for other political purposes, the State of 
Vietnam has realized its policy of clemency through granting 
special amnesties and commutations to inmates.  Especially, 
in the two major amnesties in 2004, on the occasions of the 
Lunar New Year and National Day of 2 September, and the 
Lunar New Year in February 2005, Vietnam announced the 
release or commutation of sentences for over twenty thousand 
 
inmates such as: Nguyen Van Ly, Nguyen Dinh Huy, Nguyen Dan 
Que, Truong Van Duc and Huynh Van Ba (Thich Thien Minh). 
Before 2004, a number of inmates of concern to the U.S. 
side, such as Le Chi Quang, Pham Hong Son were commuted; 
Pham Van Tuong (Thich Tri Luc), Tran Khue and Pham Que Duong 
were also released. 
 
In the time to come, in accordance with its consistent 
policy and legal documents promulgated by the National 
Assembly and the Government, Vietnam will: 
 
- Give priority to put into effect the Ordinance on Belief 
and Religion, the implementing Decree No 22/2005/ND-CP for 
this Ordinance and the Prime Minister's Directive on 
Protestantism.  All previous regulations running counter to 
this Decree will be rescinded as provided for in the above- 
mentioned Decree. 
 
- Re-affirm that there is no arrest because of religious 
reason.  The arrested cases were those involved in law 
violation, causing disturbances or threatening national 
security.  During their time of detention, they have never 
been abused or mistreated.  They are treated in accordance 
with the law and economic condition of the country.  With 
the tradition of humanity and tolerance, Vietnam will 
continue to consider granting amnesties on the occasion of 
major national anniversaries in 2005.  In this regard, 
Vietnam will consider cases of concern raised by the U.S. in 
accordance with the Vietnamese laws and humanitarian 
tradition. 
 
- Ensure the transparent procedures and process of 
registration of religious activities, among which the 
deadlines to reply to applications will clearly prescribed 
in the implementing Decree 22/2005/ND-CP for the Ordinance 
and consistently be observed.  As stated in the Prime 
Minister's Directive on Protestantism, local authorities 
create favorable conditions for Protestant religious 
congregation to practice the Government will facilitate 
religious congregation to open houses of worship. 
 
- Supervise and timely instruct local authorities to 
strictly and completely adhere to the Ordinance on Belief 
and Religion, the implementing Decree 22/2005/ND-CP for the 
Ordinance, and the Prime Minister's Directive on 
Protestantism. 
 
- Prepare to conduct dialogues with the United States on the 
issues of human rights and religious freedom on the basis of 
mutual respect.  In that spirit, Vietnam encourages 
dialogues among scholars and non-governmental organizations 
and exchange of religious delegations and mass organizations 
of the two countries. 
 
It is inevitable that there are no small differences between 
Vietnam and the United States because of different 
historical backgrounds, cultural values, and socio-political 
system.  Vietnam's consistent position is that these 
differences should not become obstacles to bilateral 
cooperation, provided that the two countries exercise mutual 
respect and observe the fundamental principles agreed upon 
when they established relations; all disagreements, 
including those on such sensitive issues as human rights, 
religious freedom... should and can be resolved or narrowed 
down through constructive dialogues. In that spirit, Vietnam 
is prepared to take note and consider U.S. concerns relating 
to religious individuals who violated the law of Vietnam in 
conformity with the law and humanitarian tradition of 
Vietnam.  It is also in the interest of the two countries, 
Vietnam requests the United States to show its understanding 
attitude and respect the situation in Vietnam, and to soon 
remove Vietnam from the "Country of Particular Concern" 
(CPC) list.  In the immediate future, the U.S. is requested 
not to apply Sec.405 of the International Religious Freedom 
Act of 1998 to Vietnam.  At the same time, Vietnam also 
urges the U.S. to respond to its raised concerns relating to 
activities by a number of elements in the United States, 
which are not for the benefits of our bilateral relations. 
 
Please accept, Excellency, the assurances of my highest 
consideration, 
 
Le Van Bang 
Deputy Minister 
 
// End text // 
 
MARINE 
 
 
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