[Congressional Record (Bound Edition), Volume 155 (2009), Part 24]
[Senate]
[Pages 33146-33147]
[From the U.S. Government Publishing Office, www.gpo.gov]




                         FATE OF HMONG REFUGEES

  Mr. LEAHY. Mr. President, I want to speak briefly about a worrisome 
humanitarian situation that is developing in Thailand, which could 
cause problems for our relations with the Thai military.
  Thailand and the United States are longtime friends and allies, and 
our Armed Forces have developed a cooperative relationship. Many Thai 
military officers have been trained in the United States, and Thai 
soldiers have participated in joint U.S.-Thai training exercises such 
as Operation Cobra Gold. I expect this relationship to continue. But I 
am very concerned, as I know are other Senators, that the Thai 
Government may be on the verge of deporting roughly 4,000 ethnic Hmong 
back to Laos where many fear persecution.
  Thailand has a long history of generosity towards refugees from 
Burma, Laos, Cambodia and Vietnam. It is a history to be proud of. But 
the Thai Government, which insists that the Hmong are economic migrants 
who should be repatriated, has reportedly deployed additional troops to 
Phetchabun province where most of the Hmong are in camps. There is a 
growing concern that the Thai military may expel the Hmong before the 
end of the year. There is also concern that a group of 158 Hmong in 
Nongkhai province, who have been screened and granted United Nations 
refugee status, could be sent back to Laos. I understand that the 
United States and several countries have told the U.N. High 
Commissioner for Refugees and the Thai Government they are prepared to 
consider this group of refugees for resettlement. Potential 
resettlement countries should be given an opportunity to interview 
these individuals in Thailand.
  It may be that some of the 4,000 Hmong are economic migrants. It is 
also likely that some are refugees who have a credible fear of 
persecution if they were returned to Laos. I am aware that many Hmong 
fought alongside the U.S. military during the Vietnam war. The U.N. 
High Commissioner for Refugees, working with Thai authorities, needs to 
determine who has a legitimate claim for asylum and who does not, in 
accordance with long-standing principles of refugee law and practice. 
No one with a valid claim should be returned to Laos except on a 
voluntary basis. The United States, and other

[[Page 33147]]

countries, can help resettle those who do have valid claims but need 
access and the opportunity to consider relevant cases.
  I mention this because I cannot overstate the consternation it would 
cause here if the Thai Government were to forcibly return the Hmong to 
Laos in violation of international practice and requirements. The image 
of Laotian refugees including many who the United Nations and the Thai 
Government itself have stated are in need of protection being rounded 
up by Thai soldiers and sent back against their will during the 
Christmas season, and the possible violence that could result, is very 
worrisome. On December 17 I joined other Senators in a letter to the 
Thai Prime Minister about this, and I will ask that a copy be printed 
in the Record at the end of my remarks.
  As chairman of the Department of State, Foreign Operations, and 
Related Programs Subcommittee of the Appropriations Committee which 
funds international assistance programs, I have supported U.S. military 
training programs and other assistance to the Thai military. We share 
common interests and want to continue to work together. But after the 
deplorable forced repatriation to China of Uighur refugees by Cambodian 
authorities last week, we expect better of the Thai Government. Should 
the Hmong be treated similarly it could badly damage the Thai 
military's reputation, and put our military collaboration at risk.
  Mr. President, I ask unanimous consent to have printed in the Record 
the December 17, 2009 letter to which I referred.
  There being no objection, the material was ordered to be printed in 
the Record, as follows:

                                                  U.S. Senate,

                                Washington, DC, December 17, 2009.
     Mr. Abhisit Vejjajiva,
     Prime Minister, Kingdom of Thailand, Wisconsin Ave, N.W., 
         Washington, DC.
       Dear Mr. Prime Minister, We are writing to express our 
     concern regarding reports of a possible repatriation to Laos 
     of Lao Ilmong from the Huay Nam Khao camp and Nong Khai 
     detention center in Thailand. While we recognize that the 
     Kingdom of Thailand is burdened by the large number of 
     refugees it hosts on its territory, we encourage you to not 
     take steps to repatriate any individuals to Laos at this 
     time. Thailand is a strong ally of the U.S., and the 
     cooperation between our governments, including a history of 
     working together on Laotian and Burmese refugee issues, is 
     greatly valued.
       We understand that your government has conducted screenings 
     in the Phetchabun camp in fluay Nam Khao to identify and 
     separate refugees meriting protection from those migrating 
     for primarily economic reasons. We remain concerned, however, 
     regarding the lack of transparency in this screening process, 
     and the absence of a civilian entity to lead it. In July of 
     this year, a group of Senators sent a letter to General 
     Songkitti Jaggabatara requesting more information about the 
     criteria and methods used in screening Laotian Hmong in the 
     Phetchabun camp, but a response to this inquiry has not yet 
     been received.
       We acknowledge the difficulty that this issue has posed for 
     both your country as well as the inhabitants of the camps. 
     However, we believe that the lack of transparency in the 
     screening and repatriation process only exacerbates these 
     difficulties and heightens international concern regarding 
     these populations. A process that adheres to the core tenets 
     of the refugee convention, and is conducted by an independent 
     third party organization, could resolve much of this concern 
     by helping to ensure that the Lao Hmong are able to provide a 
     full and accurate account that can serve as the basis for an 
     appropriate status determination.
       Before repatriating any individuals to Laos, we strongly 
     urge your government to work with an independent third-party 
     organization to conduct a transparent screening process 
     consistent with international standards. Once such a process 
     is in place. we hope that any Hmong determined to have 
     refugee status will be provided opportunities for third 
     country resettlement. This includes the individuals at the 
     Nong Khai center, who have already been screened by the 
     United Nations High Commissioner for Refugees. For those who 
     are not judged to require protection, we encourage you to 
     work with international organizations and the governments of 
     the U.S. and Laos to establish a repatriation process that 
     includes effective third party monitoring.
       We also understand that Assistant Secretary of State Eric 
     Schwartz will be visiting Thailand in the very near future. 
     We hope that the U.S. and Thailand can work closely to find a 
     solution that alleviates the burden of this situation on 
     Thailand, as well as the concerns about the repatriation of 
     those in need of protection, and we would be happy to consult 
     with you on this process.
       We appreciate your efforts to ensure a transparent process 
     and just resolution to this issue. The Kingdom of Thailand 
     remains a close ally of the United States and we look forward 
     to working with your government to strengthen this important 
     relationship.
           Sincerely,
         Russell D. Feingold, United States Senator; Barbara 
           Boxer, United States Senator; Sheldon Whitehouse, 
           United States Senator; Richard G. Lugar, United States 
           Senator; Patrick J. Leahy, United States Senator; Lisa 
           Murkowski, United States Senator; Amy Klobuchar, United 
           States Senator; Mark Begich, United States Senator; Al 
           Franken, United States Senator.

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