03/11/2002

March 6, 2002

The Honorable Colin Powell
Secretary of State
Department of State
Washington DC 20520

Dear Secretary Powell,

We are writing about a humanitarian problem on which the U.S. has maintained consistent vigilance and leadership, but where new human rights violations require immediate further action.

On March 2, 63 Montagnard refugees from Vietnam who sought refuge in Cambodia were forced back to Vietnam by Cambodian security forces. Some of the refugees tried to flee, but, in the end, all were forced back to Vietnam to an uncertain fate. It is unlikely that the outside world will ever learn what happens to them.

The Montagnard (or Dega) peoples are highlanders, most of whom cooperated with U.S. forces during the Vietnam War; many are Christians. About a year ago small numbers began fleeing to Cambodia where there are now more than 1,000 in very austere encampments supported by the United Nations High Commissioner for Refugees (UNHCR).

Last month the UNHCR initiated voluntary repatriation from Cambodia to Vietnam. Fifteen Montagnard refugees returned to Vietnam, but UNHCR was denied access to monitor their situation. It appears that Vietnam reacted in this manner because the remaining Montagnards were not moving toward voluntary repatriation. The UNHCR has said that the insistence of Vietnam and Cambodia that all the refugees be returned by April 30 undermines the voluntary repatriation agreement and has suspended voluntary repatriation on the grounds that it cannot guarantee the safety of returnees.

The forced repatriation of the 63 Montagnard refugees, in violation of the non-refoulement provisions of the 1951 UN Convention on refugees, is an urgent wake-up call for action. Cambodia is certainly coming under heavy pressure from Vietnam to force back new refugees and, probably, to return those already in Cambodia. The following actions are needed immediately:

The United States has been unyielding in supporting the Montagnards. We believe, however, that increased U.S. efforts are necessary in light of the deteriorating situation. We recommend that senior U.S. officials engage UN High Commissioner for Refugees Lubbers to insure an agreed approach to this urgent humanitarian problem. The U.S. must intervene with Cambodia and Vietnam to urge them to honor international refugee protections. The State Department and Ambassador Wiedemann have been very vigilant about the Montagnards; unfortunately even more vigilance is required ahead.

Thank you for your attention to the life-threatening plight of the Montagnard refugees.

Sincerely yours,

Kenneth Bacon
President
Refugees International

Ka Ying Yang
Executive Director
Southeast Asia Resource Action Center

Lionel Rosenblatt
President emeritus
Refugees International

CC: UN High Commissioner for Refugees Ruud Lubbers