MATERIAL SUPPORT LEGISLATIVE FIX STILL NEEDED FOR

UNCLAS BANGKOK 002578

SIPDIS

SENSITIVE

SIPDIS

E.O. 12958: N/A
TAGS: PREF PREL TH BM
SUBJECT: MATERIAL SUPPORT LEGISLATIVE FIX STILL NEEDED FOR
BURMESE REFUGEE PROCESSING



1. (SBU) Summary. Waivers for material support have allowed
major resettlement programs for Karen and Chin refugees from
Burma to move forward. However, a significant number of
Karen and Chin refugees continue to be ineligible for U.S.
resettlement because their previous activities are not
waiverable under current legislation. Post recommends that
Washington agencies move forward with efforts to make
legislative changes that will remove this block to Burmese
refugee resettlement. End summary.


2. (SBU) Post greatly appreciates the material support
waivers that have been granted for refugees from Burma. This
has allowed large resettlement programs for Chin and Karen
refugees in Malaysia and Thailand, respectively, to get back
on track. At the same time, a sizeable percentage of refugee
cases from these two groups are still being placed on
indefinite hold for material support because the refugees
previously engaged in activities, such as receiving military
training or being a combatant, that current waiver authority
does not cover.


3. (SBU) Recent statistics for the Tham Hin program in
Thailand, which is largely for Karen refugees, show that
6,611 persons have come forward to apply for U.S.
resettlement. Of this total, 807, or about 12 percent, have
been placed on indefinite hold for being former combatants.
Another 421 have not appeared for their Department of
Homeland Security (DHS) interviews. Refugee processing staff
believe that a significant portion of this latter group,
perhaps as many as 75 percent, are self-selecting out. That
is, they were former combatants who expect that their cases
would be placed on hold. They are therefore not bothering to
show up for their interviews. If those placed on hold and
those who are self-selecting out are added, the percentage of
those held back in Tham Hin for being former combatants rises
to about 17 percent.


4. (SBU) Recent statistics for Chin refugee processing in
Malaysia show that DHS has placed about 10 percent of cases
on indefinite hold for non-waiverable material support
reasons. DHS interviews in Mae La Camp in Thailand, which is
largely composed of Karen refugees, recently began.
Statistics so far show that only a small portion of cases, 2
percent, are being held up by material support. This is
partly because many of those interviewed so far came to
Thailand originally when they were young or were even born in
Thailand. So the likelihood that they would have been
combatants or participated in some material support
disqualifying activity in Burma is low. Post expects that
the 2 percent figure will rise as interviewing moves to later
arrivals. At the same time, there also is a 10 percent
no-show rate for DHS interviews in Mae La. Refugee
processing staff believe that, as in Tham Hin, a large number
of refugees are choosing not to go forward with their cases
after they have already gone through initial steps because
they think they will be placed on material support hold.


5. (SBU) Besides these refugees, who at least opted to take
initial steps towards U.S. resettlement, it is also likely
that other refugees have chosen not to come forward at all to
apply because of a material support concern. Post has seen a
significantly lower-than-expected level of interest in Mae La
Camp for U.S. resettlement. Only about 17,000 in the
approximately 49,000 person camp have entered the
resettlement program. It is likely that an important reason
for this lower turnout is refugee confusion about material
support and a concern that applying for resettlement will
result in cases being put on indefinite hold.


6. (SBU) Experience so far in Tham Hin Camp shows that a
significant number of camp leaders get caught by material
support. The general refugee population tends to listen to
its leaders. If some leaders have no buy-in to resettlement
because their own cases are effectively being turned away
because of material support, it is harder to attract average
refugees to resettlement. Tham Hin also shows that some
refugee families are faced with an extremely difficult
decision about whether to leave behind family members who
have engaged in material support activities that are not
waiverable.


7. (SBU) As refugee processing continues in Tham Hin, Mae La
and Malaysia, the number of persons who will be placed on
material support hold will grow. We must also interview a
larger total number of refugees in order to meet refugee
resettlement targets given that a certain percentage of cases
will not be approveable because of material support. This
reduces efficiency and drives up costs.


8. (SBU) Action request: To fix the continuing, significant
problems stated above, Post recommends that Washington
agencies move forward with efforts to make legislative
changes that will remove the final materal support blocks to
Burmese refugee resettlement.
BOYCE