HARASSED UNTIL THE LAST MINUTE: DON DUONG AND FAMILY

UNCLAS SECTION 01 OF 02 HO CHI MINH CITY 000342 SIPDIS SENSITIVE DEPARTMENT FOR EAP/BCLTV, EAP/PD, EAP/P, DRL ¶E. O. 12958: N/A TAGS: PHUM PREL SOCI PGOV VM HUMANR SUBJECT: HARASSED UNTIL THE LAST MINUTE: DON DUONG AND FAMILY DEPART SENSITIVE BUT UNCLASSIFIED - PROTECT ACCORDINGLY ¶1. (SBU) Summary: Actor Bui Don Duong, his wife, and their two sons departed Ho Chi Minh City today on the first leg of their journey to the U.S. as intending immigrants. Up to the last minute, GVN security forces delayed and humiliated the family at Tan Son Nhut Airport, almost causing them to miss their flight. ConGenoffs were also hassled and prevented from observing portions of the departure process. In a deviation from past practice on diplomatic airport access, ConGenoffs were variously told: 1) they could only see off a national of their own country; 2) the Customs area was now off limits (it wasn't last Friday); and 3) the Immigration area was now off limits (again, it wasn't last Friday). Suggested press guidance para 10. End Summary. ¶2. (SBU) Ending a protracted ordeal that included police questioning, emotional media attacks, telephone harassment, passport confiscation, being blackballed for employment, having his children bullied at school, and vandalism against his sister's restaurant in HCMC, Don Duong and family departed HCMC on EVA Air 392 to Taipei on April 9. From there, they will connect to the West Coast of the U.S., where they will be reunited with the actor's sister and immigrant visa sponsor, Susie Bui. ¶3. (SBU) After an initial wave of critical media coverage ("besmirched his country's honor", "traitor to Vietnamese ideals," etc.) and police summons for questioning in September-October 2002, harassment and pressure "to apologize" had become somewhat sporadic during November 2002-February 2003. During that time, however, Don Duong's children were subjected to schoolyard taunting and accusations. He was unable to get any work as an actor. Contracts he had were broken. Permission to travel overseas to represent Vietnam at film festivals was denied, and his passport was confiscated. ¶4. (SBU) On his fourth try to apply for a new passport, Don Duong was successful - but only after he signed a written pledge promising not to knowingly violate any published Vietnamese laws and regulations. This new passport was issued on March 17. Having already "pre-processed" the family as much as possible, remaining visa interviews and formalities were completed on March ¶19. At that time Don Duong's intention was to immigrate - as a normal immigrant - to the U.S. at the end of his sons' Vietnamese school year in May. ¶5. (SBU) The next week, renewed harassment began. Media stories began appearing about Don Duong's "selling out to Hollywood and American dollars." The equivalent of agent provocateurs came to his sister's restaurant, slashing pictures, refusing to pay, talking loudly about Don Duong's betrayal of his country, and picking fights with wait staff. If Don Duong happened to be visiting his sister or eating at the restaurant, these "customers" would invite him for a drink - criticizing him for being "uppity and arrogant" if he declined, but trying to provoke him into saying something negative about the GVN if he sat down to chat. ¶6. (SBU) Two weeks ago a friend with contacts in the military told Don Duong that the Army had opened a "new file" on him, and was looking for something to catch him on. It was then that Don Duong decided to move up his departure date. The news about the "new file" was followed by more staged incidents at the sister's restaurant, one of which resulted in Don Duong being summoned to his local ward police station on April 7. Claiming that he was busy preparing for his trip to the U.S., he asked the police for a later appointment, and was simply told to come whenever he finished packing (he never went). ¶7. (SBU) On April 9, ConGenoffs were allowed the usual access to Tan Son Nhut Airport at the first checkpoint. However, a cameraman allegedly from Vietnam TV, was filming Don Duong's arrival, and followed the family through each departure checkpoint. At the Customs checkpoint, ConGenoffs were refused access with the various excuses: a) you are not seeing off a national of your own country; b) the Customs area is now off limits; and c) the Immigration area is now off limits too. When it was pointed out to them that just last Friday a ConGenoff had had unimpeded access to those areas, in accordance with past practice, the Customs Police simply shrugged their shoulders and said the policy had changed. Two supervisors were summoned, but it turned out that one of them was the officer who would direct a slow and ever so comprehensive baggage search. An Australian ConGen colleague who joined ConGenoffs was also denied permission to enter the customs area. ¶8. (SBU) Although unable to enter the Customs area, ConGenoffs were able to see Don Duoung and his family escorted into a small room where at least eight customs officers opened up their six large suitcases and three large boxes. The officers examined every article inside the luggage. They took several photos of the contents, holding up underwear to the light. After an hour of searching, the Customs officers allowed the family and other airport staff to repack the bags and boxes, put them through the X- ray machines once more, and onto the luggage trolley. Don Duong was taken to a separate counter, where he was apparently required to sign more papers (promising what we do not know). ¶9. (SBU) EVA Airlines held the flight for 15 minutes to enable Don Duong and his family to board. The family was never paged for the last call, as is common practice at Tan Son Nhut. Through a glass window on the International Arrivals side of the airport, ConGenoff was able to observe the family going down the Departure Lobby corridor, directly to the gate and jetway. The "cameraman" continued filming until the last moment, while a large contingent of security officials blanketed the boarding lobby. EVA Air #392 departed at 13:15, with Don Duong and family on board. ¶10. (U) Suggested press guidance on an if asked basis: Q: Is it true that the movie actor Don Duong was able to depart Vietnam today? What is his status? A: Yes, Don Duong and his family departed Vietnam on April 9 local time. They are beneficiaries of an immigrant visa petition. Q: How was he treated at the airport? Do you know? A: Officers from our Consulate General in Ho Chi Minh City observed harassment. We find this harassment to be regrettable. We will continue to urge the Vietnamese Government - in public and private -- to respect human rights, including freedom of artistic expression, which is an essential component for a strong, prosperous democratic society. It would be extremely regrettable if the Government of Vietnam misdirected any of its displeasure toward any members of Don Duong's or his wife's families who remain in Vietnam. ¶11. (SBU) Press Guidance Background: Don Duong is a Vietnamese actor who had roles in two American films - "We Were Soldiers Once" about the Vietnam War and "Green Dragon" about Vietnamese refugees in the U.S. Vietnamese state media, the military, and other GVN officials have criticized him for besmirching the country's honor by his portrayals of a Vietnamese army colonel in "We Were Soldiers Once" and as a sympathetic refugee coordinator in "Green Dragon." Actors Mel Gibson and Forrest Whittaker, and film director Randall Wallace - among others - have inquired about Don Duong's situation in Vietnam. For nearly eight months he was blackballed for employment, harassed by the police, and victimized by officially-directed media attacks. He was virtually driven out of his homeland. YAMAUCHI