US embassy cable - 05HANOI1652

UNCLAS SECTION 01 OF 03 HANOI 001652 
 
SIPDIS 
 
SENSITIVE 
 
STATE FOR EAP/BCLTV and DRL 
 
E.O. 12958: N/A 
TAGS: PHUM, PREL, PGOV, VM, HUMANR, ETMIN, RELFREE 
SUBJECT: ANOTHER ROUND OF HUMAN RIGHTS DIALOGUES IN HANOI 
 
Reftels: A) 04 Hanoi 3417, B) HCMC 493 
 
1. (SBU) Summary:  The Government of Vietnam (GVN) has 
recently begun new human rights dialogues with Switzerland 
and the Delegation of the European Commission to Vietnam and 
held a round of its semi-annual dialogue with the European 
Union.  Both of the new dialogues focused largely on 
confidence building for future, more substantive sessions. 
Switzerland will place a full-time "human security" officer 
in its Hanoi Embassy.  The GVN and EC discussed joining the 
International Criminal Court and the rendition of illegal 
aliens during part of their dialogue.  The European Union 
dialogue included a discussion on new Vietnamese laws on 
religion and assembly.  The Vietnamese queried the EU about 
European laws restricting the rights of foreigners and noted 
they are considering signing the International Convention 
against Torture.  End Summary. 
 
Switzerland 
----------- 
 
2. (U) Switzerland resumed its previously suspended human 
rights dialogue with Vietnam in Hanoi May 16 to 18.  This 
was the third time the two countries have held a dialogue, 
and the first after a six-year hiatus.  The Swiss had 
discontinued the dialogues in 1999 after two rounds due to a 
lack of funds.  In 2003, the GVN approached the Swiss with a 
request to restart the dialogue. 
 
3. (SBU) Ambassador Thomas Greminger, Head of the Human 
Security Division of the Swiss Department of Foreign 
Affairs, told Poloff that this first round of the resumed 
dialogue had been largely about confidence building and 
looking for areas where Swiss assistance could best be 
targeted in Vietnam.  On the first day of the dialogue, the 
Swiss delegation met in succession with representatives of 
the Ministry of Foreign Affairs (MFA), the Ministry of 
Public Security (MPS) and the National Assembly.  Greminger 
described the MFA discussions as covering a range of issues, 
with the GVN diplomats giving "very polished" responses to 
Swiss questions.  Greminger was also impressed by his 
discussions with Nguyen Si Dzung, Vice Chairman of the 
Office of the National Assembly.  This was in stark contrast 
to the MPS, where their counterpart, whom Greminger 
described as a "director" but could not recall the name, 
expressed views that "would not be considered politically 
correct."  Much of this discussion apparently dealt with 
Vietnam's Central Highlands, with the MPS commenting on 
religious issues and "American involvement" in unrest. 
 
4. (SBU) The Swiss Delegation spent its second day visiting 
Women's Union-funded legal aid programs in and around Hanoi. 
The Swiss diplomats commented only on the extreme heat of 
the meeting rooms.  When they met with Poloff, the group 
still had a final plenary session remaining with the MFA, 
and Greminger suggested that they might explore women's 
rights and ethnic minority rights as focus areas for 
cooperation.  Switzerland also plans to post a full-time 
"human security" officer in its Embassy in Hanoi, starting 
this July.  This position will be funded directly by the 
Human Security Division in Bern and will be the only member 
of Hanoi's diplomatic corps focusing solely on human rights 
issues. 
 
European Union 
-------------- 
 
5. (SBU) The European Union held its working level dialogue 
session June 7.  The EU holds two human rights dialogue 
sessions each year:  a working level session between Troika 
Ambassadors and the MFA International Organizations 
Department, and a plenary session at the end of the year 
with representatives from a number of GVN ministries.  Both 
the EU and the GVN identify in advance issues they wish to 
have discussed at the dialogues.  In the June session, the 
EU raised the issues of respect for fundamental freedoms, 
persons of concern, ethnic minorities and the Central 
Highlands and the death penalty.  The Vietnamese identified 
discrimination against foreigners in Europe and areas for 
technical cooperation as discussion subjects. 
 
6. (SBU) A Dutch Embassy officer told Poloff that, on the 
issue of fundamental freedoms, the EU brought up concerns 
about recent Vietnamese legislation on national security, 
public order and religion.  (Note:  The Netherlands is 
serving as representative of the EU President in Hanoi as 
Luxembourg has no diplomatic presence here.  End note.)  On 
persons of concern, the exchange was "the usual kabuki" of 
the GVN's accepting a list of cases but stating that there 
are no prisoners of conscience in Vietnam.  The Dutch 
officer expressed disappointment that the GVN provided no 
information on Baptist preacher Than Van Truong, who is 
being kept in a mental hospital in Dong Nai Province (ref. 
B), despite the EU's highlighting his case in advance of the 
dialogue.  On the Central Highlands, the EU discussed its 
plans to focus development aid toward the region and pressed 
for responses to their previous inquiries about the trials 
of ethnic minorities accused of separatist activities.  On 
the death penalty, the Dutch officer said the MFA had 
acknowledged it was pressing the Government to declassify 
statistics on death penalty implementation.  (Note:  The 
statistics were made a State secret by decision of the Prime 
Minister in January 2004 after Vietnam was criticized by 
human rights groups for excessive use of capital punishment. 
End note.) 
7. (SBU) In a Vietnamese-led discussion on the issue of 
discrimination against foreigners, the MFA queried the EU 
representatives about laws in certain EU member states, 
especially anti-terror legislation, that they believed 
unfairly targeted non-Europeans.  A European Commission 
diplomat commented that it seemed the Vietnamese did not 
really understand the laws, but had simply "trolled the web" 
for something to bring up in the dialogue.  Nonetheless, the 
EU promised to respond to the Vietnamese concerns in 
writing, hoping this would elicit a similar response to the 
inquiries they had directed at the GVN.  The GVN also 
requested EU assistance in holding seminars for Vietnamese 
Government officials on how to ensure domestic policies are 
in line with human rights obligations of international 
treaties to which Vietnam has acceded.  The GVN noted that 
they are still studying the possibility of signing the 
International Convention against Torture. 
 
European Commission 
------------------- 
 
8. (SBU) The Delegation of the European Commission began its 
bilateral "Subgroup for Cooperation on Issues Regarding 
Governance and Human Rights" with a meeting on June 17.  A 
European Commission diplomat explained to Poloff that the 
original 1995 Terms of Reference for cooperation between the 
European Commission and GVN stated that "human rights is a 
fundamental principle" for bilateral interaction.  As a 
result, European Parliament members pushed the EC to more 
actively engage the GVN on human rights issues.  The GVN 
identified the Ministry of Justice (MOJ) as the EC's 
principal counterpart for the subgroup, and MOJ bureaucracy 
and nervousness to engage on these issues had delayed the 
start of the subgroup for several years, the EC diplomat 
recounted.  Also present at this year's meeting were 
representatives of the MFA, National Assembly, Ministry of 
Public Security, Committee for Religious Affairs and Supreme 
People's Procuracy.  The subgroup plans to meet annually. 
 
9. (SBU) In the meeting, the subgroup addressed four issues: 
the International Criminal Court (ICC), development of civil 
society and regulation of religious freedom (identified by 
the EC) and Vietnamese guest workers in Europe (identified 
by the GVN).  The EC agreed to host a seminar on the ICC for 
GVN leaders and to consider a study trip to visit the Court 
in The Hague.  The GVN did not explain what difficulties it 
has in joining the ICC, but noted that other "bilateral 
agreements" are an issue.  On development of civil society, 
the GVN queried the EC about how Europeans regulate civil 
society groups on financial grounds and from a security 
standpoint.  The GVN explained new regulations for religious 
freedom "in general terms" and requested to keep it on the 
agenda for next year's session as it anticipated a number of 
developments over the coming year.  On guest workers, the 
GVN expressed concerns about Vietnamese workers abroad 
overstaying their visas.  They proposed a separate group 
meet regularly on migration issues, with a particular focus 
on the mechanics of rendition of Vietnamese who are living 
illegally in the EU. 
 
Norway and Canada - Delayed 
--------------------------- 
 
10. (SBU) Australia had planned its annual dialogue for May, 
but Canberra delayed this due to other commitments.  They 
are now hoping to set a new date in September.  Norway's 
annual dialogue will be held in October this year. 
 
Comment 
------- 
 
11. (SBU) We were please to see both the European Union and 
European Commission engage the Vietnamese on religious 
freedom.  Until recently, other embassies had generally 
treated religious issues only as a continuation of freedom 
of assembly.  Also positive is that the GVN reportedly 
indicated to the EC that it would like to keep religious 
freedom on the agenda for next year as "significant 
developments" are expected between now and then.  End 
Comment. 
 
BOARDMAN