VZCZCXRO1815
RR RUEHCHI RUEHDT RUEHHM RUEHNH
DE RUEHHI #1311/01 2061645
ZNR UUUUU ZZH
R 251645Z JUL 07
FM AMEMBASSY HANOI
TO RUEHC/SECSTATE WASHDC 5902
INFO RUEHHM/AMCONSUL HO CHI MINH 3404
RUCNASE/ASEAN MEMBER COLLECTIVE

UNCLAS SECTION 01 OF 03 HANOI 001311 
 
SIPDIS 
 
SENSITIVE 
SIPDIS 
 
STATE FOR EAP/MLS AND DRL/AWH 
 
E.O. 12958: N/A 
TAGS: PHUM PREL PGOV KIRF OTRA ECON BM VM
 
SUBJECT: CORRECTED COPY: HFAC STAFFDEL MIXTER DISCUSSES HUMAN RIGHTS 
AND DEVELOPMENT PROGRAMS 
 
REF: HANOI 598 
 
HANOI 00001311  001.2 OF 003 
 
 
 
¶1. (U) This cable is a corrected copy of Hanoi 1301 of July 24, 
¶2007. 
 
¶2. (SBU) Summary: Visiting Professional Staff Member Jonathan Cobb 
Mixter told GVN officials in Hanoi the recent wave of arrests and 
crackdown on political dissidents was causing serious concern on 
Capitol Hill and could make it harder to facilitate deeper USG 
engagement with Vietnam; some members of Congress were especially 
concerned after advocating hard for Vietnam's recent accession to 
WTO membership and Permanent Normal Trade Relations (PNTR) status. 
GVN officials told Mixter that recent human rights issues are 
'hiccoughs' and implied that Vietnam would make continued progress 
over time.  Mixter also raised the issue of Burma's human rights 
record and ASEAN's potential role in advocating for change.  The 
delegation visited USG-funded HIV/AIDS sites and discussed overall 
USG assistance programs.  End summary. 
 
¶3. (SBU) Professional Staff Member Jonathan Cobb Mixter and 
Associate Don Phan of the U.S. House of Representatives Foreign 
Affairs Committee (HFAC) traveled to Vietnam July 4 - 7, 2007 for 
meetings in Hanoi and President's Emergency Plan for AIDS Relief 
(PEPFAR) project site visits in northeast Quang Ninh Province.  In 
Hanoi, Mixter met with the GVN National Assembly (NA) Foreign 
Relations Committee; the Ministry of Foreign Affairs' (MFA) 
International Organization's Department; and the GVN Ministry of 
Justice (MOJ) as well as NGO Asia Foundation - Vietnam and a local 
"civil society" NGO. 
 
 
NATIONAL ASSEMBLY: "WE HEAR YOUR MESSAGE" 
---------------------------------------- 
 
 
¶4. (SBU) In a July 5 meeting with Madame Ton Nu Thi Ninh, Vice 
Chairwoman of the National Assembly's Foreign Relations Committee, 
HFAC Professional Staff Member Jonathan Cobb Mixter explained that 
there is growing concern on Capitol Hill that political progress is 
not matching economic progress in Vietnam.  Specifically, several 
members of Congress are concerned about the GVN's recent crackdown 
on political dissidents and some are especially concerned given 
their recent support to the GVN on WTO membership and Permanent 
Normal Trade Relations (PNTR) status.  Mixter stated further that 
this would make it more difficult for those USG politicians who want 
to grow engagement with Vietnam and provide greater development 
assistance here. 
 
¶5. (SBU) Ninh encouraged even more members of Congress and staffers 
to visit Vietnam to improve mutual understanding.  Ninh noted that 
she had met HFAC Chairman Representative Tom Lantos in June 2007, 
during GVN President Triet's visit to the United States.  She told 
Mixter that "absolutely nobody" in the GVN wants to "go back to the 
way it was before in Vietnam," referring to the pre-Doi Moi 
(pre-1986 market renovation) period when the GVN followed a strict 
Marxist-Leninist doctrine, leading the country into famine and 
international isolation.  Ninh asked that the United States take a 
"longer and broader view" of Vietnam's development.  Ninh said "we 
hear your message" and characterizing recent events (referring to 
the recent wave of dissident arrests) as assuredly "hiccoughs" in 
our bilateral relationship.  She deflected further discussion of 
human rights by raising Guantanamo and our policy of "non 
engagement" with Iran. 
 
¶6. (SBU) On IPR and consumer rights, Mixter explained the 
correlation between protection of these rights and economic 
prosperity.  Ninh agreed and explained that consumer rights were 
slowly being established in Vietnam and that there was now a new 
consumer association.  She also noted the growing role of the press 
in raising such issues in Vietnam.  On press censorship, Ninh 
emphasized that the press has revolutionized the debate on 
corruption in Vietnam.  She also downplayed the level of internet 
censorship, stating that there were "far fewer firewalls than in 
China."  On trafficking in persons (TIP), Ninh welcomed and 
requested more U.S. assistance to anti-TIP NGOs operating in 
Vietnam, specifically asking for USG assistance in facilitating 
cooperation between the GVN and Taiwan to establish an "assistance 
hotline" to help deal with problems related to the large number of 
foreign marriages between Taiwanese men and Vietnamese women. 
 
¶7. (SBU) On Burma, Ninh explained that the GVN was concerned, and 
"understood the U.S. point of view," but stated that the GVN was 
reluctant to "cross the line" of ASEAN's policy of non-interference 
in the internal affairs of member states.  Ninh believes that "hard 
and direct pressure" on Burma will not work, but expressed hope that 
the potential success of the DPRK six-party talks could serve as an 
 
HANOI 00001311  002.2 OF 003 
 
 
"inspiration to Burma" and as a possible international model.  She 
advised Mixter that the USG should not "pre-set" conditions for 
talking to Burma and should look at a "more strategic" multilateral 
approach. 
 
 
MFA:  UNDERSTAND VIETNAM'S "COMPLEX SOCIAL CONDITIONS" 
--------------------------------------------- ----- 
 
 
¶8. (SBU) At the Ministry of Foreign Affairs, Mixter met with Mr. Vu 
Anh Quang, Deputy Director General of the International 
Organizations Department on July 5.  While highlighting the overall 
successful and positive growth in our bilateral relations, Mixter 
said there was great concern in the U.S. Congress over human rights 
issues and reports of political detainees.  "Many in Congress are 
supportive of greater engagement between our two countries, but not 
when the rights of individuals are being violated," he told Quang. 
Mixter stressed that human rights will always be a foundation of the 
U.S.-Vietnam relationship for the USG. 
 
¶9. (SBU) Quang responded by agreeing that current relations are the 
best in history.  He stated that disagreements on issues are 
"normal," but said further that both countries must continue to 
engage in dialogue on such issues.  He noted that the current 
U.S.-Vietnam human rights dialogue had been particularly helpful in 
bringing such issues to the forefront.  He held that, according to 
international standards, Vietnam has made enormous progress in the 
area of human rights.  Quang highlighted the fact that Vietnam had 
ratified UN Conventions on the Elimination of All Forms of Racial 
Discrimination, Civil and Political Rights (ICCPR), the Elimination 
of Discrimination Against Women (CEDAW), and the Rights of the 
Child.  Quang added that the GVN is also considering signing the 
International Convention Against Torture (CAT).  He noted that 
Vietnam ratified these conventions before the USG did; further, that 
each year the GVN receives UN complaints on human rights issues and 
convention compliance, and each year the GVN sends out its response 
to the UN in a timely manner - adhering to reporting requirements. 
 
¶10. (SBU) When pressed by Mixter on the arrests of political 
dissidents, Quang responded that he was well aware that recent 
arrests had garnered attention in the United States and that "no 
system is perfect," adding that only through continued engagement 
can these issues be overcome.  He said "Vietnam is fully aware of 
the concern, but the United States must also be aware of the complex 
social conditions that exist in Vietnam."  He elaborated that the 
USG should be aware of the conflict in Vietnam's history and that, 
because of this, Vietnam has always sought "stability in order to 
secure development." 
 
¶11. (SBU) Quang added that "the GVN has released over 20 dissidents 
since January 2005" and that this year alone the GVN had released 
three political prisoners, naming recently-released Phan Van Ban, 
Nguyen Vu Binh, and Le Quoc Quan.  Quang stated that individuals who 
break the law in Vietnam must face appropriate punishment and told 
us that we should note that the number of former mid-senior level 
government officials currently in prison (mostly on corruption 
charges) is higher than the number of incarcerated political 
dissidents. 
 
¶12. (SBU) Mixter urged the GVN to continue its human rights reforms 
and pressed for greater freedom of the press in Vietnam; he also 
hoped the MFA would address the issue of Burma's human rights record 
within ASEAN.  Quang responded that, when it comes to the media, 
there is "too much freedom," complaining that many journalists often 
write baseless articles aimed at embarrassing GVN officials, who do 
not have any legal recourse to defend themselves.  Further, when 
such journalists are confronted they neither respond with a public 
apology nor retract the article.  On a positive note, Quang stated 
that journalists in Vietnam are eager to write articles on new laws 
and decrees, and ordinary citizens are not shy about voicing their 
opinions.  On Burma, he took note but deferred to his ASEAN office. 
Quang concluded the meeting by saying the GVN takes the points on 
human rights seriously and again highlighted that "through 
engagement and dialogue" both countries can work through these 
issues of concern. 
 
 
MINISTRY OF JUSTICE: COOPERATION ON RULE OF LAW WELCOMED 
--------------------------------------------- -- 
 
 
¶13. (SBU) In a July 5 meeting with Mr. Nguyen Cong Hong, Deputy 
Director for Criminal and Administrative Legislation at the GVN 
Ministry of Justice, Mixter focused on what the GVN was doing to 
reform its criminal code and advance greater judicial reform.  Hong 
responded that the GVN is revising its criminal code and has moved 
 
HANOI 00001311  003.2 OF 003 
 
 
away from an "investigative model" to an "accusatory model."  He 
added that this is a positive step but that it has also been 
difficult because implementation means that training of judges, 
lawyers and investigators is necessary.  Hong added the GVN was 
hoping to work with the Vietnam Bar Association to increase the 
knowledge and legal education of its members.  When Mixter asked 
about the types of programs that exist to build capacity, Hong said 
international cooperation and support for rule of law programs are 
vital and the GVN looks forward to working with various donors and 
aid agencies in this area.  Hong stated, "Even a good system is 
bound to fail unless good people are in place."  He added that such 
programs like the USAID Support for Trade Acceleration (STAR) 
program, which has provided extensive technical assistance to revise 
Vietnam's economic governance system since 2002, were extremely 
helpful, and he looks forward to an increase in such programs. 
Mixter responded that continued progress was essential and 
encouraged the GVN to work with the Department of State on rule of 
law issues.  He added that when he returned to Washington, he would 
report that the GVN was interested in pursuing further such 
programming assistance. 
 
¶14. (SBU) Hong explained that the target of such reforms is to 
protect the rights of all citizens.  He added that such reforms 
would streamline the GVN judicial system and make it more efficient. 
 Hong added that the GVN had established a key steering committee, 
headed by the Prime Minister, to support judicial reform.  He noted 
that this is only the beginning of the process but a relevant 
example on the amount of attention that is being paid within Vietnam 
to such reform. 
 
¶15. (SBU) During the meeting, Mixter raised concerns over 
accusations over use of the Internet and downloading information, 
which have led to a number of "cyber dissident" arrests.  He also 
asked how other criminal code regulations, such as Article 88, are 
being used now that Decree 31 has been repealed (Reftel).  Hong 
responded that Internet use has increased rapidly because the GVN 
has "encouraged its citizens" to use the tool.  He stated that he 
could not respond to specific dissident cases charged under Article 
88, but that the MOJ would be reviewing possible changes to the 
criminal code in the near future.  Hong, who appeared eager to share 
information, noted that the GVN is currently translating the State 
of California's criminal code in hopes of using it as a model for 
future reforms.  He said the GVN is serious about its intent to have 
its criminal code conform to international laws and conventions and 
that the GVN will continue to review the code and take appropriate 
measures in the future. 
 
¶16. (SBU) With regard to the status of a new GVN draft Amnesty Law, 
Hong told us that unofficially the National Assembly would be 
drafting a national amnesty law with specific procedures and 
guidance.  He said the drafting of such a law would end any 
misunderstanding of when individuals are to receive amnesty. 
 
¶17. (U) This cable was cleared by Jonathan Cobb Mixter, U.S. House 
of Representatives, Foreign Affairs Committee. 
 
MARINE