BURMESE ASYLUM SEEKERS FORCIBLY RETURNED; NOT HANDED OVER TO

C O N F I D E N T I A L SECTION 01 OF 02 CHIANG MAI 000110

SIPDIS

E.O. 12958: DECL: 7/17/2018
TAGS: PREF PREL PGOV PHUM BM TH
SUBJECT: BURMESE ASYLUM SEEKERS FORCIBLY RETURNED; NOT HANDED OVER TO
BURMESE AUTHORITIES

REF: A. CHIANG MAI 69 (MILITARY DETENTION OF AMCIT)

B. CHIANG MAI 46 (RAIDS AGAINST THE KNU)

CHIANG MAI 00000110 001.2 OF 002


CLASSIFIED BY: Alex Barrasso, Chief, Pol/Econ, CG Chiang Mai.
REASON: 1.4 (b),(d)
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Summary
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1. (C) Though the precise timing of events is still unclear, the
Thai Government returned some 70 Burmese asylum seekers from two
refugee camps to Burma sometime between the evening of July 16
and the morning of July 17. Thai authorities escorted the group
to the Eh Tu Ta camp for internally displaced persons on the
Burmese side of the Salween River, the residents of which
benefit from protection by the Karen National Union. According
to the Royal Thai Government (RTG),the group in question
entered Thailand after May 10, 2008, but was not forced to do so
due to fighting between the Burma Army and the Karen National
Union (KNU). The unusual step of returning migrants after they
have successfully entered a refugee camp, when viewed in
conjunction with steps taken by the RTG to assuage the Burmese
junta's concerns about anti-regime activity taking place on Thai
soil over the last few months, is yet another sign of an
increased willingness on the part of the RTG to accommodate the
Burmese junta's interests. End Summary.

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Deported, but not Handed Over
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2. (SBU) According to Thai National Intelligence Agency and
district officials in Mae Hong Son Province, the RTG returned
some 70 migrants to Burma on July 16 from the Mae La Luang and
Mae La Oon camps. (Note: A UNHCR officer in the province told
us on July 17 that 20 were taken across the border on July 16,
and that others might be taken across on July 17.) According to
provincial officials, the group was escorted by boat across the
Salween River to the Eh Tu Ta camp for internally displaced
persons, a fact confirmed by Karen National Union (KNU)
contacts. This camp is on the Burma side of the border, but is
inside territory controlled by the KNU, which has been waging
low-level military conflict against the Burmese regime for some
50 years. According to the RTG, some returnees even voluntarily
went back to their home villages.

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What Was Their Status?
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3. (SBU) The RTG and the KNU agree that this group of asylum
seekers entered Thailand sometime after May 10. It is also
clear that this group was not formally screened by the
Provincial Admission Boards (PAB) -- the RTG body charged with
determining whether or not to allow individuals to remain
protected in refugee camps and possibly enter the refugee
processing pipeline for resettlement to a third country. Royal
Thai army officials told UNHCR that PAB screening was not
necessary due to their assessment the group "had not fled
fighting". However, the KNU maintains that there were
skirmishes inside Karen State between the Burma Army and the KNU
in May and June, and that the Burma Army torched some villages
during these clashes. KNU contacts told us that they could not
yet definitively say whether the group in question was directly
affected by these skirmishes. The same contacts told us that
the group that was forcibly returned consisted mainly of high
school-age students.


4. (C) For its part, the RTG's assessment is that the group
consisted of economic migrants and others hoping for third
country resettlement. According to Mae Hong Son provincial
authorities, February announcements by USG officials of the
impending start of the US refugee resettlement program in camps
in the province created a "pull factor," encouraging would-be
migrants to cross the border into Thailand. (Note: the US
program has a publicly announced cut-off date designed to
forestall such movements.) Although UNHCR successfully
intervened with the RTG's National Security Council in May to
stop a deportation of 480 asylum seekers from two camps in Mae
Hong Son, the NSC was unwilling to stop this deportation.
Provincial officials also told us that any migrants entering
Thailand after May 10 would be returned to Burma if intercepted
before reaching one of the official refugee camps. They told us
they have also warned the KNU not to facilitate crossing into
Thailand by migrants who are not fleeing fighting between the
KNU and the Burma Army.

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Comment
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5. (C) While "soft" deportations like this one occur frequently,
it is unusual for Thai authorities to forcibly return anyone who

CHIANG MAI 00000110 002.2 OF 002


has succeeded in reaching an official refugee camp. Though the
decision to return this group was likely made at a provincial
level, and one of Mae Hong Son's vice governors is known not to
sympathize with the plight of refugees, it is significant that
the National Security Council did not intervene to stop this
action as it did just two months ago in a similar case. This
episode, when viewed in conjunction with the detention by the
Thai military of an AmCit in April (Ref A),and actions taken by
Thai authorities in March against the KNU (Ref B),is a sign
that the RTG is more willing to actively address the Burmese
Government's concerns about the activities of Burmese groups on
Thai soil than was the previous military-appointed government.
We will continue to follow-up with UNHCR, provincial, and
central government officials to emphasize that all Burmese
residing in a refugee camp deserve the opportunity to be
pre-screened by UNHCR and take their case to a Provincial
Admission Board before any action is taken to return them to
Burma, and that asylum status decisions should not be made by
the army. We expect to receive an update on the situation from
UNHCR officials either late today or sometime on July 18.


6. (U) This cable was coordinated with Embassies Bangkok and
Rangoon.
ANDERSON