HMONG PROTECTION ISSUES: CONVERSATION WITH THE

C O N F I D E N T I A L SECTION 01 OF 02 VIENTIANE 000225

SIPDIS

SIPDIS

DEPARTMENT FOR EAP/MLS (BESTIC)
BANGKOK FOR POL (SUTTON)
BANGKOK FOR REF (SCHERER)
PACOM ALSO FOR POLAD

E.O. 12958: DECL: 04/09/2012
TAGS: CASC FR LA PGOV PHUM PREF PREL
SUBJECT: HMONG PROTECTION ISSUES: CONVERSATION WITH THE
GOL POINT-MAN

REF: A. 08 VIENTIANE 157


B. 07 VIENTIANE 0761

C. 07 VIENTIANE 0639

D. 07 VIENTIANE 0364

E. 07 VIENTIANE 0110

Classified By: AMBASSADOR RAVIC R. HUSO FOR REASONS 1.5 (B) AND (D)


1. (C) Summary: The Ambassador met with MFA DG Yong
Chanthalangsy (strictly protect) to raise the case of three
missing Hmong Americans and to discuss the first group of 11
Hmong returned from Thailand at the end of February -- ten of
whom are now resettled within Laos. The Ambassador pressed
Yong to propose options for independent monitoring of
returnees, stressing the need to build confidence in the
process. Yong appeared willing to try to convince Lao
security authorities to agree to some initial steps, such as
unofficial visits to resettled returnees by Embassy personnel
or possibly by international NGOs currently working in Laos.
End summary.

The 11 -- Now 10 Returnees
--------------

2. (C) The Ambassador continued his discussion of a range of
Hmong issues with MFA DG Yong Chanthalangsy on April 8. The
two had discussed the welfare and monitoring of Hmong
returned from Thailand, and possibilities for third country
resettlement for Lao Hmong on March 6 (ref A) before the
Ambassador's trip to Minnesota and Wisconsin where he met
with members of the Hmong-American communities. Regarding
the 11 Hmong returned from Thailand February 27 -- who had
been in Paksan District of Bolikhamsai Province being
screened -- Yong said they had now been moved on. Seven had
been sent to their families in Xiang Khouang Province on
March 21 while three others -- a mother and her two children
-- had been sent back to their home in Luang Prabang Province
on the same date. The eleventh had fled the screening site
in Paksan on March 11 and, according to Yong, was back in
Thailand. This man had returned with the woman and two
children now in Luang Prabang and was the father of the
youngest child, born in the Thai camp. He had claimed to the
Thai to be from a group of insurgents who had surrendered in
late 2006. Yong said the Lao had determined he had never
been part of the insurgency but was actually from Luang
Prabang where he was wanted for murdering his wife. When the
individual learned that his true identity had become known to
the Lao, he fled, Yong said.

Ensuring A Voluntary Return -- Outside Involvement
-------------- --------------

3. (C) The Ambassador pressed Yong on how Laos intended to
demonstrate credibly to the international community that any
Lao Hmong who may be returned from Thailand could do so
safely. He stressed that many members of the international
community ) including the U.S. ) considered that some form
of monitoring would be necessary to achieve an acceptable
level of confidence that the well-being, safety and rights of
returnees would be respected. Moreover, the screening process
in Thailand needed to be structured so as to ensure that
those who may claim a well-founded fear of persecution have
the opportunity to make their case. Yong repeated the
well-established Lao position that the issue should be
handled bilaterally between Thailand and Laos and should not
be "internationalized." The Ambassador pointed out that
refugee issues are by their very nature "internationalized"
and that in the past the Lao had consented to monitoring of
Hmong returnees. The international community has a
legitimate and well-established stake in ensuring that
international norms are applied in this situation.


4. (C) The Ambassador argued that the Lao should consider
practical ways to allow for transparency regarding the
treatment of returnees and propose specific ideas as to how
to arrange for international observers to play a role. The
Lao cannot realistically expect to keep the returnee issue a
totally bilateral Lao-Thai process: trying to do so would
only damage Lao relations with key elements of the
international community and possibly with Thailand as well.
Yong took this on board but rejected as &too great an
infringement on Lao sovereignty8 suggestions for direct
involvement by other countries (including those in ASEAN) or
UN agencies in a monitoring process.


5. (C) Sharpening the focus to the whereabouts and welfare of
the ten Hmong recently resettled, the Ambassador suggested

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that it would be an important confidence building measure if
the Lao were to find a way for some outside party to visit
them. The Ambassador pressed Yong to consider any and all
possibilities, for example, allowing an Embassy officer or
other independent person who "happened to be in the area" to
stop by for a visit? Yong agreed that an &unofficial
approach8 might be acceptable to the Lao. He then went a
step further to suggest that international NGOs with an
established presence in Laos might also be permitted to play
a role in monitoring returnees.

Missing Hmong-Americans
--------------

6. (C) The Ambassador told Yong that there continues to be
wide-spread interest among Hmong-Americans and the Congress
in the fate of three Hmong Americans missing since August 25,
2007, who were last seen in the custody of Lao authorities.
Yong expressed surprise and disappointment that MFA had not
yet provided documents (departure cards) showing the three
had left Laos for Thailand on August 28. Ambassador informed
Yong that the Embassy had received copies of Thai entry
documents for the three and could not understand why the Lao
had failed to deliver the departure documents. Ambassador
also made very clear that the Embassy and US government found
the Lao failure to notify us that the three Americans were in
Lao custody ) even if for a short time ) a violation of
international commitments and norms. Yong did not address
the broader issue of consular notification but said he
recognized the importance of obtaining the documents from the
immigration authorities and would do his best to get them to
the Embassy.

The Next "Voluntary Return" Group
--------------

7. (C) Yong reaffirmed that he has been working
confidentially with the French to return a group of 18 Hmong

SIPDIS
from Petchabun to Laos who would then be allowed to be
resettled to France. (Yong referred to 18 but it was not
clear if he meant individuals or family cases.) Yong said
the Lao were comfortable with the French approach of
identifying specific individuals who they wanted to bring to
France. He stressed that the arrangement hinged on France,s
willingess, first, to resettle them from Laos, not Thailand,
and, second, their commitment to avoid publicly
characterizing them as refugees, referring to them instead as
approved immigrants. Yong was of the opinion that this
arrangement would appeal to other Hmong who may have ties to
France and encourage them to return to Laos voluntarily. He
again suggested the US agree to a similar program. The
Ambassador pointed out that the critical element for the US
would remain the same: the necessity of a credible process
for monitoring the welfare of returnees.


8. (C) Comment: Yong ) who is clearly empowered to manage
the returnee issue ) had until now adhered strictly to the
Lao public position of no outside or international monitoring
of Hmong returnees or &jungle Hmong8 who surrender to the
government. Any flexibility in this position could serve as
a confidence-building measure that could lead to greater
openness and a more credible monitoring process. The
Ambassador will continue to engage with senior Lao officials
to pursue any and all openings that may present themselves
for independent access to returnees. End comment.

HUSO