DEPORTEES TO TONGA: A FESTERING PROBLEM. ACTION

UNCLAS SECTION 01 OF 02 SUVA 000107

SIPDIS

SENSITIVE
SIPDIS

E.O. 12958: N/A
TAGS: CASC CJAN CVIS KCRM PREL TN
SUBJECT: DEPORTEES TO TONGA: A FESTERING PROBLEM. ACTION
REQUEST

REF: SUVA 97

Criminals adrift without a safety net
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1. (U) On each of the Ambassador's three visits to Tonga in
the past six months, the issue of deportees from the U.S. has
arisen early and often. Tongans blame the deportees,
described as hardened criminals, for turning their
once-docile kingdom into a crime zone where armed robberies,
once unheard of, are now happening. While we cannot attest
that deportees from the U.S. are the sole cause of serious
crime in Tonga, it is certainly plausible that some are
contributing. Embassy statistics for 2004 and 2005 show that
the U.S. sent Tonga 57 deportees during that period, about
one every two weeks. In China, that would not ripple the
pond; in Tonga's population of 100,000, those few can create
turmoil. From our statistics, 49 carried criminal
convictions; 8 were returned only for immigration violations.


2. (U) A U.S. Ph.D. researcher, who has chosen Tongan
deportees as his thesis topic and has spent months mixing
with them, describes a worrisome situation. Most all in the
researcher's informal survey are men. Many were still very
young when they traveled to the U.S. with their families,
often on NIVs. When the deportees arrive back in Tonga,
after running afoul of U.S. authorities, they often no longer
speak Tongan; their relatives in Tonga do not accept them;
churches, Tonga's safety net to the extent there is one,
offer almost no help and neither does the Tonga Government.
The only community returnees often find is their fellow
deportees. An NGO, Iron Man Ministries, has been established
in Tonga to work with deportees; but it gets mixed reviews:
kudos for its intentions; concerns about its leadership and
management.

Official complaints about U.S.-trained criminals
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3. (SBU) Tonga's Crown Prince, Acting Prime Minister, and
Police Minister have all expressed concerns and have asked if
the U.S. can in some way help resolve the deportee problem.
They propose that factors in the U.S. caused the Tongan youth
to take up crime, so the U.S. should help Tonga solve the
problem. The Police Minister unrealistically asked if the
young men couldn't just be kept in the U.S. where they fit in
better.

Convict in U.S.; imprison in Tonga?
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4. (SBU) The Crown Prince took a different tack. He said a
part of the Tonga Government's problem is that many deportees
arrive with no further punishment due them, so Tonga's
judicial/penal system has no authority to supervise or
incarcerate them. The Crown Prince asked if the U.S. and
Tonga could negotiate a formal agreement under which any
Tongan to be deported would be convicted in the U.S., but
with his sentence to be served in Tonga's prison. We note
that at least a few of the deportees have only committed the
offense of overstaying on an NIV, though it does appear many
have served sentences for felonies.

Prisoner-exchange treaty?
--------------

5. (U) When we mentioned the concept of a prisoner-exchange
treaty, the Crown Prince showed interest, but mused that some
U.S. NGO activists, who dislike Tonga's government, might
allege that trials of U.S. citizens in Tonga courts are on
"political" charges, thereby complicating any Tonga-to-U.S.
exchange. (Note: very few American citizens come before
Tonga criminal courts. The courts, with expatriate judges at
the senior levels have a reputation for integrity. For
instance, in February, the Speaker of Tonga's Parliament, a
Noble of the Realm, was convicted in a jury trial for
interfering with Customs officers and was thereafter stripped
of his titles.) An open question is whether Tongans in the
U.S., with few remaining ties back home, would opt to serve
sentences in Tonga. Another uncertainty is whether the
Tonga Government, in the end, would be prepared to shoulder
the costs of incarceration for a fair number of additional
prisoners from the U.S.

Invoking Churches? Mormons and Methodists
--------------

6. (U) According to the Ph.D. researcher, more than half the
deportees in his survey come from Mormon families, usually
from Utah or California. (The Mormon Church claims 45% of
Tongans are members; most sources have listed Tonga's
dominant religion as Free Wesleyan Methodists.) Given the

SUVA 00000107 002 OF 002


Mormon connection, we met with the LDS leader in Tonga to
inquire if his Church has a safety net for Mormon deportees.
We also hope to discuss the issue with Free Wesleyan leaders.
The Mormon leader noted that his Church has in place a
mechanism for helping troubled members. He acknowledged,
though, that the Mormon Church has assisted few deportees.
He suggested one reason is that nobody has provided
information to the Church about new arrivals. If given a
list, the Church might approach arriving deportees perceived
to be Mormons to offer assistance. (Note: the information we
provide Tonga authorities on arriving deportees has no
indication of religious affiliation; however, in Tonga a mere
list of names would likely be sufficient for churches to
recognize lost members.) We subsequently conferred with
Tonga Immigration. Its Director said he would be able
provide names of deportees to Church leaders, if the leaders
were to ask. To date, none have.

Action request
--------------

7. (U) We do not claim expertise on the U.S. end of the
Tongan-deportee issue. If Washington players have any ideas
which might help address the problem at either end of the
conduit, including by the Government of Tonga and concerned
Tongans, we would be glad to do our part to facilitate. If a
prisoner-exchange treaty or some other formal mechanism might
assist, again we stand ready to foster negotiations. The
deportee issue casts a negative light on U.S.-Tonga
relations, a circumstance we would like to help remedy if
possible.
DINGER