CONVERSION OF THE OCTOBER 3 ELECTION INTO A REFERENDUM

• Document Type: CREST
• Collection: Library of Congress
• Document Number (FOIA) /ESDN (CREST): LOC-HAK-490-4-16-6
• Release Decision: RIFLIM
• Original Classification: T
• Document Page Count: 3
• Document Creation Date: January 11, 2017
• Document Release Date: October 2, 2012
• Sequence Number: 16
• Publication Date: August 23, 1971
• Content Type: CABLE

C,T6-AtIK--AD3n11
ON-FILE NSC RELE _
No Objection to Declassification in Full 2012/10/02: LOC-HAK-490-4-16-6 .
APPLY
I IIIP TO SPiN (,LL M LSI) L.
T OPSECRETSENSITIVE 230340Z AUG 71 VIA CAS CHANNELS
FROM: AMBASSADOR BUNKER, SAIGON 0714 IMMEDIATE
TO: THE WHITE HOUSE, EXCLUSIVELY EYES ONLY !OR HENRY A. KISSINGER
REFS: A) VHS 1053; B) WHS 1087; C) SAIGON 0692
SUBJECT: CONVERSION OF THE OCTOBER 3-ELECTION INTO A REFERENDUM.
1. I MET WITH THIEU AGAIN ON THE EVENING OI'AUGUSI 25 FOR FURTHER
DISCUSSION AS TO .1!ROCEDURE AND SCENARIO FOR CONVERSION OF THE'OCTO.
BER 3 ELECTION INTO A REFERENDUM. I HAD PREPARED A MEMORANDUM
SUGGESTING PROCEDURES WHICH MIGHT BE FOLLOWED IN THE ANNOUNCEMENT
AND. IMPLEMENTATION OF THE REFERENDUM. TEXT 'OF MEMORANDUM FOLLOWS:
BEGIN TEXT:,,
A. STEP 1 . .
1. SUBSEQUENT TO THE LOWER HOUSE ELECTION, PRESIDENT THIEU MIGHT \
ISSUE A PUBLIC STATEMENT SAYING THAT HE WANTS TO OBTAIN A CLEAR EX-
PRESSION OF THE PEOPLE'S WILL AS TO WHETHER HE SHOULD OR SHOULD NOT
CONTINUE IN OFFICE. IN ORDER TO DETERMINE THIS, HE PROPOSES TO TURN
THE OCTOBER 3 ELECTION INTO A REFERENDUM.
. IF THE OUTCOME IS AFFIRMATIVE, HE WILL CONSIDER THIS A
MANDATE TO CONTINUE IN OFFICE FOR A FULL FOUR YEAR TERM.
IF THE OUTCOME IS AGAINST HIM, HE WOULD CONSIDER IT A VOTE
OF NO CONFIDENCE AND WOULD 'RESIGN, CALLING FOR A NEW ELECTION
- WITHIN 90 DAYS. ?
24 HE WOULD SAY THAT WITHIN A FEW DAYS, HE WILL MAKE ANOTHER ?
STATEMENT OUTLINING HOW THE REFERENDUM WOULD BE ORGANIZED AND
THE PROCEDURES THAT WOULD-BE FOLLOWED
B. STEP 2 k ?
3.. A SECOND STATEMENT mum. TAKE THE FOLLOWING LINE:'
PRESIDENT THIEU MIGHT REFER TO HIS FIRST STATEMENT AND
THEN SAY"THAT HE HAD HOPED ABOVE ALL TO HAVE AN OPPORTUNITY
FOR A FREE ELECTION, VIGOROUSLY CONTESTED BY RESPONSIBLE
OPPOSITION LEADERS. UNFORTUNATELY, OPPOSITION CANDIDATES ,
HAVE CHOSEN TO WITHDRAW FROM THE ELECTORAL CONTEST FOR
REASONS HE DOES NOT CONSIDER VALID. MUCH HAS BEEN SAID
BY BOTH CANDIDATES TO EXPLAIN THEIR DECISIONS IN THE MOST
FAVORABLE LIGHT. THESE STATEMENTS HAVE INCLUDED CHARGES
AGAINST HIMSELF, THE SUPREME COURT, AND OTHER INSTITUTIONS
OF GOVERNMENT, WHILE HE REJECTS THESE CHARGES, HE RECOG-
NIZES NOTHING WILL BE GAINED IN CONTINUING ARGUMENT. HIS
PRIMARY INTEREST IS IN MAINTAINING THE CONSTITUTIONAL SYSTEM
AND THE COMMITMENT TO THE PRINCIPLE OF FREE AND FAIR ELECTIONS.
IN VIEW OF THESE DEVELOPMENTS AND SINCE HE STILL BELIEVES A
CLEAR EXPRESSGON OF THE POPULAR WILL IS ESSENTIAL FOR VIET..
NAM'S FUTURE, HE HAS DECIDED TO MODIFY THE CHARACTER OF THE
,OCTOBER ELECTION TO A SIMPLE MANDATE BY WHICH THE ELECTORATE
CAN REGISTER A VOTE OF CONFIDENCE OR NO CONFIDENCE IN HIS
REGIME. ,
HE WOULD REPEAT. THAT IF THE OUTCOME IS AFFIRMATIVE, HE
WILL THEN CONSIDER THAT THE CONFIDENCE VOTE CONSTITUTES A
GEMANDATE TO CONTINUE IN OFFICE FOR A FULL FOUR YEAR TERM.
IF THE ourcom SHOULD PROVE TO BE A VOTE OF NO CONFIDENCE,
HE WOULD RESIGN AND CALL FOR A NEW ELECTION WITHIN 90 DAYS.
No Objection to Declassification in Full 2012/10/02: LOC-HAK-490-4-16-6
?
MORI C05142789
DOS Review
Completed
lirNo Objection to Declassification in Full 2012/10/02: LOC-HAK-490-4-16-6
4. AT THE SAME TIMEMESIDENT THIEU WOULD OFFEMPOTH GENERAL
MINH AND VICE PRESIDENT KY THE FULL OPPORTUNITY To- CAMPAIGN ON,
THE "CONFIDENCE OR NO CONFIDENCE" ISSUE, HE WOULD ASSURE BOTH
MEN THE OPPORTUNITY TO CAMPAIGN ACTIVELY IN AN OPPOSITION ROLE.
HE WOULD OFFER. THEPROVISION OF FREE RADIO AND TELEVISION TIME,
GOVERNMENT HELICOPTERS, AND OTHER ASSETS IN ORDER TO ASSURE FAIR-
NESS AND EQUAL OPPORTUNITY TO BOTH SIDES. ,
STEP 2 AND. STEP 3 WOULD BE TAKEN CONCURRENTLY.
5. (NOTE: THE FOREGOING PROCEDURE WOULD ALLOW PRESIDENT THIEU
TO SEIZE THE INITIATIVE, TO CHALLENGE HIS OPPONENTS TO A REAL CON-
TEST AND BE .IN .A POSITION TO PLACE MAXIMUM EMPAASIS ON THE POPULAR
WILL. THIS 'COURSE OF ACT/ON WOULD STRIP BOTH MINH AND KY OF THE
CAUSE CELEBRE WITH WHICH A STRAIGHT NO-CONTEST ELECTION COULD
OV/DE THEM,), :
OTHER FACTORS WHICH WOULD NEED TO BE CONSIDERED.
"DATE. IT WOULD SEEM WISE TO ADHERE TO .THE OCTOBER 3 DATE FOR
NG, IN ORDER TO AVOID CONFLICTS WITH THE?CONSTITUTION OR THE:
,17014tAL-tA7-:'_
4BALLOTING.. THE. FORM OF BALLOTING WILL HAVE TO BE DETERMINED.
-./.MEETINGS WtTH KY ANDHMINH.: TO SET THE STAGE FOR HIS PUBLIC
ITITUDE REGARDINO[THELEGALITY OF THE ELECTION/REFERENDUN-PRESIDENT
THIEU WOULD ATTEMPT TO MEET, SEPARATELY OR JOINTLY, WITH GENERAL
MINH AND VICE PRESIDENT KY. AT THESE MEETINGS HE'WOULD EXPLAIN
HIS REASONS FOR CONTINUING WITH THE SCHEDULED ELECTION. HE WOULD
STATE THAT HE STANDS FIRMLY BEHIND THE LAW AS OUTLINED IN THE CON
STITUTION ANDTHE ELECTION LAW. HE WOULD EXPLAIN THAT THE LAW IS
CLEAR, AN ELEOION IS TO BE HELD AND ACCORDING TO THAT LAW, KY IS
ON THE BALLOT AS. AN OPPONENT OF THIEU, EVEN THOUGH KY HAS CHOSEN NOT
TO.:COMPETE-IN THE ELECTION. IN VIEW OF THIS UNWILLINGNESS ON KY'S
PARTPRESIDENT-THIEU WOULD SAY THAT HE HAS DECIDED TO MAKE THE'
ELECTION .BOTH A CHOICE BETWEEN THE TWO LEGAL CANDIDATES AND A REFER-
ENDUM WHEREBY TRE:VOTERS OF VIETNAM COULD MAKE A DECISIA ON WHETHER
THEY DESIRE-A CONTINUANCE or HIS RULE AND HIS POLICIES, HE WOULD
STATE THAT HE WISHES TO GIVE. BOTHKY AND-MINH TRE OPPORTUNITY TO
'ACTIVELY CAMPAIGN AGAINST THE REFERENDUM IF THEY SO DESIRE, AND WILL
'MAKE TRANSPORTATION AND INFORMATION FACILITIES AVAILABLE FOR THEM TO
DO SO.
.040. 'FOLLOW-UP LETTERS AND SUBSEQUENT PUBLICATION.. PRESIDENT'
TRIED WOULD (WHETHER MINH AND KY ACCEPTED HIS REQUEST TO MEET
OR.. HISOFFER TO CAMPAIGN AGAINST HIM IN THE REFERENDUM) THEN PRESENT
:THE.SAME ARGUMENTS AND OFFER IN A LETTER TO EACH, THE OBJECTIVE OF
THIS WOULD BE NOT $0 MUCH TO RECONVEY HIS THOUGHTS TO THE OPPOSITION,
BUT TO -CREATE THE RAISON D'ETRE. FOR MAKING THESE OFFERS PUBLIC WHICH
HE WOULD DO BY RELEASING THE LETTERS TO THE PRESS.
E. JOINT SESSION OF NATIONAL ASSEMBLY. PRESIDENT THIEU WOULD NEXT
CONVENE A JOINT SESSION OF THE NATIONAL ASSEMBLY, TO WHICH HE WOULD
EXPLAIN HIS REASONS FOR THE, DECISION TO HOLD AN ELECTION/REFERENDUM,
AND OUTLINE HOW IT WOULD BE CONDUCTED, HE WOULD EXPLAIN THAT HE
PREFERS, IN THE INTERESTS OF LAW AND THE CONSTITUTION, NOT TO HOLD
THE ELECTION (EVEN THOUGH HE IS LEGALLY QUALIFIED AND BOUND TO DO,
SO) AS A STRAIGHT ELECTIONDEETWEEN HIMSELF AND KY, BUT BY MAKING IT
A REFERENDUM, HE WOULD THUS GIVE THE VOTERS THE OPPORTUNITY TO STATE
CLEARLY THEIR DESIRES CONCERNING THE GOVERNING OF THE COUNTRY.
F. MEETING WITH POLITICAL PARTY LEADERS AND PRESS REPRESENTATIVES.
FOLLOWING HIS APPEARANCE BEFORE THE NATIONAL ASSEMBLY, PRESIDENT
THIEU WOULD SCHEDULE A MEETING OR MEETINGS WITH POLITICAL PARTY
LEADERS AND PRESS REPRESENTATIVES TO FURTHER AMPLY HIS PRESENTATION
OF THE REFERENDUM PROPOSAL.
" No Objection to Declassification in Full 2012/10/02: LOC-HAK-490-4-16-6
No Objection to Declassification in Full 2012/10/02: LOC-HAK-490-4-16-6
GO TV/RADIO APPEARANCE* TO REACH THE PEOPLE DIRECTLY, THUS
OLARIFYING ANY POUTS WHICH AN UNFRIENDLY PRESS MIGHT HAVE PRESENTED
INADEQUATELY, PRESIDENT THIEU WOULD MAKE A TV/RADIO ADDRESS OUT-
LINING HIS REFERENDUM PROPOSAL. ,
H. INFORMATION AND GET.-OUT-THE.-VOTE CAMPAIGN. A MASSIVE
INFORMATION CAMPAIGN, WITH PRESIDENT THIEU ,TAKING AN ACTIVE ROLE.,
WOULD BE UNDERTAKEN TO FURTHER. EXPLAIN TO THE VOTING PUBLIC THE ?
REASONS FOR THE DECISION FOR THE JOINT ELECTION/REFERENDUM AND TO
'EXPLAIN SIMPLY THE PROCEDURES TO BE FOLLOWED TO REGISTER THEIR CHOICE
AT THE POLLS ON ELECTION DAY. IN THE EVENT THAT KY AND MINH DID
NOT ACCEPT ANY OF TH/EU'S,OVERTURES AND, INSTEAD, CALLED UPON THE
VIETNAMESE VOTERS TO BOYCOTT THE ELECTION/REFERENDUM, THE MINISTRY
OF INFORMATION, AS WELL AS PRESIDENT THIEU AND HIS SUPPORTERS,
WOULD LAUNCH A MAJOR EFFORT TO GET AS LARGE A VOTER TURN-OUT AS
POSSIBLE IN ORDERJO:OIVE .MAXIMUM WEIGHT TO THE VOTERS DECISION.
END TEXT.;
2? THIEU SAID THAT HE mum., THE MEMORANDUM HELPFUL AND WOULD
WANT TO GIVE IT FURTHER STUDY. HE COMMENTED THAT HE THOUGHT IT
WOULD NOT BE DIFFICULT TO MAKE THE PEOPLE UNDERSTAND THE PURPOSE OF
THE REFERENDUM.. THE MAIN PROBLEM WOULD BE IN WORKING OUT PROPER
PROCEDURES SO THAT THE REFERENDUM WILL BE CARRIED OUT IN CONFORMITY
WITH THE CONSTITUTION AND THE LAW. CONSULTATIONS WITH THE SUPREME
COURT AND THE ASSEMBLY WOULD BE NECESSARY. WE AGREED TO MEET AGAIN
AFTER HE HAD GIVEN THE MATTER FURTHER STUDY.
3. BEST ta REGARDS.
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Sal
(R);,11
No Objection to Declassification in Full 2012/10/02 : LOC-HAK-490-4-16-6