[Congressional Record (Bound Edition), Volume 151 (2005), Part 12]
[Extensions of Remarks]
[Pages 17030-17031]
[From the U.S. Government Publishing Office, www.gpo.gov]




             FORCED REPATRIATION OF MONTAGNARDS BY CAMBODIA

                                 ______
                                 

                          HON. JAMES A. LEACH

                                of iowa

                    in the house of representatives

                        Thursday, July 21, 2005

  Mr. LEACH. Mr. Speaker, yesterday--notwithstanding numerous 
international humanitarian appeals, including several from Members of 
Congress and from the Executive Branch--the Government of Cambodia 
forcibly deported nearly 100 Montagnards to Vietnam, into uncertain 
circumstances where their well-being is not subject to effective 
international monitoring. Indeed, credible reporting by established 
nongovernmental organizations has documented recent cases in which 
Montagnard returnees were arrested and beaten after their repatriation. 
From a humanitarian vantage, the repatriation of Montagnard families in 
these circumstances was unacceptable, and was carried out to the 
discredit of both Cambodian authorities and the United Nations High 
Commissioner for Refugees (UNHCR).
  Two months ago, in a letter to UN High Commissioner Wendy Chamberlin, 
I and my Ranking Member on the Subcommittee on Asia and the Pacific 
[Mr. Faleomavaega] raised the details of this very case, and expressed 
our deep concerns that this situation ``sets a dangerous precedent for 
refugee protection in Cambodia and elsewhere by lowering the standards 
for refugee repatriation.'' I ask that a copy of that May 4, 2005 
letter be included in the Record. Sadly, the worst- case-scenario 
outlined in that letter came to pass yesterday mornmg; when the visibly 
distraught families were forced onto buses by Cambodian police, and 
sent back across the border to Vietnam.
  At this point, I believe that the international community bears the 
remedial burden of seeking robust, credible access to the Montagnard 
returnees to help ensure their well-being. I earnestly hope that the 
Government of Vietnam, in a tangible demonstration of the goodwill 
generated during the Prime Minister's visit

[[Page 17031]]

to Washington last month, will favorably accommodate this request.

                             Committee on International Relations,
                                      Washington, DC, May 4, 2005.
     Ms. Wendy Chamberlin,
     Acting High Commissioner for Refugees, United Nations High 
         Commission for Refugees.
       Dear Ms. Chamberlin: We are writing to express our serious 
     concerns about the Memorandum of Understanding (MOU) signed 
     in January of this year by UNCHR, Cambodia, and Vietnam. In 
     particular, we are concerned that the MOU does not ensure 
     that adequate safeguards are in place to guarantee that 
     refugee decisions are fully informed and voluntary, and does 
     not provide UNHCR with unfettered access to returnees inside 
     Vietnam. Accordingly, we urge the suspension of all 
     repatriations of Montagnards to Vietnam until credible 
     international monitoring of returnees is established in the 
     Central Highlands.
       While the MOU commits Cambodia to provide temporary 
     protection to Montagnard refugees and asylum seekers, we are 
     troubled by ongoing reports of their forcible repatriation by 
     Cambodian authorities. As you are likely aware, credible 
     reports describe continuing persecution, repression, and 
     mistreatment of Montagnards in Vietnam, including those who 
     have returned from refugee camps in Cambodia. The fact that 
     UNHCR has had no access to the 35 Montagnards repatriated to 
     Vietnam under the MOU thus far is particularly problematic. 
     More immediately, we are concerned for the welfare of the 
     approximately 100 rejected asylum seekers in Cambodia, and 
     urge that none of them be forced back to Vietnam in current 
     circumstances.
       Against this background, we respectfully request that 
     UNHCR:
       Seriously reevaluate the MOU and work with Cambodia and 
     Vietnam to revise it to ensure that refugee decisions are 
     fully informed and truly voluntary, and that UNHCR has full 
     and unfettered access to returnees inside Vietnam;
       Suspend all repatriation of Montagnards until adequate 
     monitoring is in place in the Central Highlands;
       Maintain its protective mandate over all Montagnard 
     shelters in Phnom Penh, including Site 1, which currently 
     houses rejected cases;
       Re-open the rejected caseload in Phnom Penh for those 
     interested in having their cases considered on appeal again; 
     and
       Press the Vietnamese government to streamline the 
     procedures for family reunification of Montagnards in Vietnam 
     for those who have received authorization from the U.S. 
     government to join family members in the United States.
       Historically, UNHCR has taken the lead in protecting 
     refugees around the world, important work that we strongly 
     support. However, we are concerned that, unless it is 
     promptly remedied, the January MOU sets a dangerous precedent 
     for refugee protection in Cambodia and elsewhere by lowering 
     the standards for refugee repatriation. Thank you for your 
     consideration.
           Sincerely,
                                                   James A. Leach,
                                         Chairman, Subcommittee on
                                             Asia and the Pacific.

                                        Eni F.H. Faleomavaega,

     Ranking Member, Subcommittee on, Asia and the Pacific.

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