CAMBODIAN ACTIVISTS URGENTLY SEEK REFUGEE STATUS

C O N F I D E N T I A L SECTION 01 OF 02 BANGKOK 006767

SIPDIS

E.O. 12958: DECL: 10/26/2015
TAGS: PREF PHUM PREL CB TH CAMBODIA
SUBJECT: CAMBODIAN ACTIVISTS URGENTLY SEEK REFUGEE STATUS
AND RESETTLEMENT IN US

REF: A] BANGKOK 06619 B] PHNOM PENH 01722

Classified By: POLITICAL COUNSELOR SUSAN M. SUTTON reason 1.4 (b) (d)

1.(U) This is an action message requesting instructions by
Friday October 28. Please see paragraph 7.


2. (C) Summary and action request: Events concerning the
three Cambodian activists in hiding in Bangkok (ref A) are
moving quickly. Based on conversations today, we have
determined the following:

-- UNHCR plans to interview the three on Friday.
-- UNHCR has contacted the MFA and asked what its response
would be if UNHCR requested emergency resettlement for the
three; MFA indicated that it would respond on Friday.
-- We believe that UNHCR is likely to determine that the
three are qualified for referal as refugees.
-- The initial Cambodia extradition request was rejected by
the Thai since it did not meet the requirements of the
extradition treaty; a correct request is expectly shortly.
We believe it may/may be easier for the Thai to permit some
kind of resettlement if the three can be moved before the
revised extradition request is received.
-- The three activists want refugee status and resettlement,
although they hope eventually to return to work in Cambodia.
The US is their prefered destination, because they have
family there, and because they believe this is the best
platform from which to continue promoting human rights in
Cambodia.
-- The New Zealand embassy is considering organizing a joint
demarche on the RTG to encourage it to resolve this problem
quickly by allowing the three to be resettled. If Wellington
approves, they will request US participation.

Action request: We believe that we should participate in such
a demarche if it is organized. Given the short fuse on this
issue, we believe it would also be useful for the US to
approach the MFA on Friday and underscore our concern
regarding this case. We also request guidance on the
possibility of resettlement in the US. (See para 7). End
summary and action request.


3. (C) Post had two meetings today which provided new
information about the status of the three Cambodians (Ear
Channa, Man Nath and Chhan Channy) who fled to Bangkok
earlier this month (reftels). New Zealand diplomat Steven
Dowell reported that UNHCR had approached MFA about the
possibility of RTG agreement to emergency resettlement for
the three. MFA has promised to provide a response on Friday.
UNHCR told Dowell that an approach by embassies to the MFA
supporting UNHCR would be useful at this time. The NZ
embassy here has proposed to Wellington that it organize a
joint demarche to the Thai and asked us to join if the
initiative is approved. The demarche could include points to
underscore that the three are being accused solely on the
basis of the peaceful expression of their political views,
and that Thailand could be the target of widespread
international criticism for cooperating with Cambodia in this
case. The goal of the demarche would be to offer
international assistance to resolve the problem by removing
the three Cambodians and thus getting Thailand out of the
tough position Cambodia is putting it in.


4. (C) Post also met with Forum Asia, the NGO assisting the
three Cambodians. Forum Asia informed us that UNHCR would
interview the three on Friday afternoon, sending a
representative to see them in a secure location in case the
UNHCR HQ is being watched by Cambodian intelligence, as the
NGO has reported. Forum Asia is concerned that, even if
UNHCR finds the group qualified as refugees, the RTG may
still not issue the necessary exit visa. We share these
concerns.


5. (C) Forum Asia believes that there may be a temporary
window of opportunity to get the three out of the country.
The Cambodians submitted their extradition request in an
incorrect format, and the Thai MFA has not accepted it.
(According to Forum Asia, the Cambodians submitted their
request from PM Hun Sen to PM Thaksin, and the PM is not an
authorized person to make the request.) Everyone assumes
that the Cambodians will resubmit the request soonest and
correctly, thus making it much more difficult for the Thai to
permit the Cambodians to leave. The Forum Asia
representatives emphasized that the three hoped to return to
Cambodia someday, but wanted refugee resettlement now, and
hoped to go to the US, where they have family and can best
carry on their work promoting democracy in Cambodia.


6. (C) We told Forum Asia that we had already conveyed the
high level of international concern and our own interest to
the Thai government already (ref A). Regarding possible
resettlement to the US, we informed them that, while the US
did at times accept referals from the UNHCR, we could not at
this time commit to taking these individuals. More
important, if UNHCR needed to get them out of Thailand
quickly, the US might not be the best destination, even if we
agreed to take the three. If UNHCR and the Thai reached
agreement to move the three quickly, for example, before the
new extradition request was received, than the US processing
time required for refugees might take too long. According to
UNHCR, there are other countries that are prepared to move
more quickly in response to urgent refugee situations.


7. (C) Action question:

A. We request Department concurrence on a low-key approach to
the RTG as soon as possible, noting our concern about the
case and encouraging the Thai to work with UNHCR and the
international community to find a solution that would permit
the three to be resettled.


B. If approached by New Zealand, request Department
concurrence to participate in a joint demarche along the same
lines.


C. Request Department guidance on the issue of resettlement
in the US for the three Cambodians.

Given the speed with which this issue is moving, we request
guidance by Friday October 28, Bangkok time, or, at latest,
Monday. End action request.
KEUR