Viet Nam/Cambodia: Montagnard refugees at risk
* News Release Issued by the International Secretariat of Amnesty International *
25 January 2002 ASA 03/001/2002 15/02
(London/New York) - Amnesty International and Human Rights Watch today expressed concern over plans agreed by the
Vietnamese and Cambodian governments and the Office of the U.N. High Commissioner for Refugees (UNHCR) to facilitate
repatriation of indigenous Montagnard refugees who have fled from Viet Nam to Cambodia during the past year.
A report of the January 21 meeting in Phnom Penh, signed by all three parties, makes no mention of the fact that any
return of refugees to Viet Nam must be voluntary and that the right of individuals to continue to seek asylum in
Cambodia must be respected. In addition, while Viet Nam has now agreed to allow UNHCR to visit its Central Highlands to
monitor conditions for return, access appears to be very limited and the Vietnamese authorities must approve each U.N.
visit.
"We are concerned that this agreement may send a green light to both the Cambodian and Vietnamese authorities that it
is now acceptable to forcibly expel Montagnards seeking asylum in Cambodia," said Rachael Reilly, Refugee Policy
Director at Human Rights Watch. "There should be no action on repatriation unless there are firm guarantees that any
such returns are completely voluntary."
The two rights organizations called for any repatriation to be completely voluntary and for UNHCR to have full and
unhindered access to the highlands, both before and after any repatriation, in order to assure the safety of returnees.
Since March 2001 Human Rights Watch and Amnesty International have documented abuse, imprisonment and beating of dozens
of Montagnards deported from Cambodia. One man who returned voluntarily to Viet Nam in September 2001, was reportedly
interrogated and detained in the provincial prison for a week before being placed under heavy surveillance in his home
village.
"There do not appear to be sufficient safeguards to protect the returnees and their families," said Lars Olsson,
Refugee Officer for Amnesty International. "Permission to visit the Central Highlands of Viet Nam for UNHCR is not
enough -- UNHCR must have freedom of movement there, and must fully assess conditions in the area and monitor the safety
of any returnees."
The two rights organizations also expressed concern that new Montagnard arrivals in Cambodia may be denied their basic
rights to seek asylum. Cambodia is a state party to the 1951 Convention relating to the Status of Refugees, and has
obligations under that Convention to protect the rights of all who seek asylum within its borders.
"There will be people from the Central Highlands of Viet Nam for whom going home is not an option. Their right to seek
and enjoy asylum, and to have a durable solution to their plight, must be protected," said Lars Olsson.
Both organizations called on the Vietnamese and Cambodian governments to continue negotiations with the UNHCR to
resolve the plight of the Montagnard refugees, keeping in mind UNHCR's mandate at all times to ensure that any
repatriations are voluntary, safe and dignified. Alternative solutions must be available to those for whom repatriation
to their homeland is not a safe option.
Background Montagnard people from Viet Nam began crossing the border to Cambodia in early 2001, following unrest in the
Central Highlands in February. An initial group of refugees were resettled in the United States of America, while others
have been housed in two sites, with aid provided by the UNHCR. There have been several recorded incidents of forced
return of refugees to Viet Nam by the Cambodian authorities, most recently in December 2001, when more than 160 people
were forced back across the border.
In July 2001, talks between UNHCR and the two governments broke down, when the Vietnamese authorities refused to allow
access for the refugee agency to the Central Highlands. While this has now apparently been resolved, the access appears
to be limited and the Vietnamese authorities must approve visits. The Vietnamese government maintains that the
Montagnard refugees are "illegal migrants" who have left the country without permission. Independent human rights
monitors, including Human Rights Watch and Amnesty International, are officially denied access to Viet Nam.
ENDS
For more information please call Amnesty International's press office in London, UK, on +44 20 7413 5566 web :
http://www.amnesty.org Or Human Rights Watch: Mike Jendrzejczyk (Washington, D.C.): +1 202 612-4341, Rachael Reilly (New
York): +1 212 216-1208 web: http://www.hrw.org
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