SITUATION OF THREE CAMBODIANS WHO HAVE FLED TO

C O N F I D E N T I A L SECTION 01 OF 02 BANGKOK 006619

SIPDIS

GENEVA FOR RMA

E.O. 12958: DECL: 10/19/2015
TAGS: PREL PREF TH CM CAMBODIA
SUBJECT: SITUATION OF THREE CAMBODIANS WHO HAVE FLED TO
THAILAND

REF: PHNOM PENH

Classified By: POLITICAL COUNSELOR SUSAN SUTTON. REASON 1.4 (B, D)


1. (C) Summary. UNHCR reported October 19 that it was very
concerned about the three Cambodians from the Cambodian
Watchdog Council who have fled to Thailand. UNHCR is worried
that the Thai government may see the situation as similar to
that of the 131 Thai who fled southern Thailand to Malaysia
and whom the Thai requested that the Malaysian government
return. UNHCR Bangkok chief Utkan told General Winai, the
head of the Thai National Security Council, on October 19
that UNHCR considered the Cambodians to be refugees. Utkan
stated that the issue was already very public and warned that
UNHCR headquarters would issue a strong public condemnation
if the Thai deported the three back to Cambodia. Winai said
that the Thai had not yet received a Cambodian extradition
request for the three. UNHCR has postponed its refugee
status determination interviews of the three out of concern
for their safety and to get a better sense of what the Thai
approach will be. Embassy raised the issue of the Cambodians
informally with the Thai on October 19, noting the high level
of international interest. End summary.


2. (C) During a previously scheduled October 19 meeting,
Embassy Political Counselor discussed with UNHCR Bangkok
chief Hasim Utkan the situation of the three Cambodians (Man
Nath, Ear Channa, and Chhan Channy from the Cambodian
Watchdog Council) who have fled to Thailand. Utkan said that
he had received a number of communications from NGOs and
human rights groups expressing concern about these men and
the possibility of deportation from Thailand. Utkan
emphasized that he was very worried. It would be a major
mistake if the Thai sent the three back to Cambodia. If that
were to happen, UNHCR would have no choice but to issue a
strong public condemnation. Utkan stated that he was worried
the Thai would see the Cambodians, situation as similar to
the 131 Thai who recently fled southern Thailand to Malaysia.
The Thai had requested that the Malaysian government return
the group. To be consistent, the Thai may think that they
would have to deport the Cambodians. Embassy Political
Counselor said that we shared UNHCR,s concern about the
situation.


3. (C) Utkan said that he had decided to postpone the refugee
status determination interviews with the three Cambodians
scheduled for October 19. His reasons were a concern for
their security and a desire to determine the Thai
government,s approach. The three persons are in an NGO
safehouse and their security could be in jeopardy if they
were to come to the UNHCR office. Utkan noted that Cambodian
security personnel had approached UNHCR Phnom Penh and asked
for UNHCR Bangkok,s address. The Thai National Intelligence
Agency had also contacted UNHCR about the three Cambodians.
Utkan noted that if UNHCR conducted refugee status
determinations and found that the three were refugees and
resettlement was the appropriate solution, an exit permit
from the Thai government would be necessary before they could
depart Thailand. Utkan continued that UNHCR had so far had
no direct contact with the Cambodians. An NGO had served as
an intermediary. The NGO had told UNHCR that the Cambodians
had entered Thailand with a one-day border pass, not with
passports. They had therefore already overstayed and were
now in Thailand illegally.


4. (C) Utkan met later on October 19 with General Winai, the
head of the Thai National Security Council. Utkan reported
to Refcoord that he told Winai that UNHCR considered the
three Cambodians as refugees and was concerned about their
physical security. Utkan also told Winai that he had
received numerous inquiries and expressions of concern from
NGOs and human rights groups. The situation of the
Cambodians was already a very public issue. Utkan informed
Winai that if the Cambodians were deported there would
inevitably be a strong public reaction from UNHCR Geneva.
Utkan said he offered emergency resettlement of the three to
a third country. Another alternative could be letting the
situation cool down and seeing if the three Cambodians could
work out some agreement later with the Cambodian government
that would permit their return.


5. (C) Utkan reported that Winai did not seem fully informed
about the situation. Winai said that the Thai government had
not yet received a formal extradition request from the
Cambodians but noted that the Thai and Cambodian governments
were holding a joint commission meeting the same day in Phnom
Penh and the issue could arise in that setting. Winai said
that direct resettlement from Thailand would be difficult
given the visibility of the issue and that the best
alternative might be to find some way to gain time and let
the situation cool down. Utkan and Winai agreed to be in
daily contact on the matter.

6. (C) In a later meeting with Ministry of Foreign Affairs
Director General Nongnuth Phetcharatana, Political Counselor
informally raised the issue of the Cambodians and noted the
high level of international concern that was already
apparent. Nongnuth was not aware of the issue and did not
respond substantively. Afterwards, a lower-level MFA
official noted that the situation was similar to that of the
131 Thai who had fled to Malaysia and confirmed that this
made the situation more difficult.


7. (C) Comment. UNHCR's meeting with Winai and ours with the
MFA have brought the issue to the attention of the elements
in the Thai government who will be most likely to take
international concerns into consideration. Nonetheless, the
timing -- coinciding with Bangkok's demands for the return of
the 131 Thai in Malaysia -- will make the issue more
complicated to resolve.

BOYCE