US embassy cable - 05HANOI215

UNCLAS SECTION 01 OF 04 HANOI 000215 
 
SIPDIS 
 
SENSITIVE 
 
STATE FOR EAP/BCLTV and PRM 
 
E.O. 12958: N/A 
TAGS: PREL, PHUM, PREF, VM, CB, UN, HUMANR, ETMIN 
SUBJECT: Memorandum of Understanding Signed by UNHCR, 
Vietnam and Cambodia on Montagnards in Cambodia 
 
Ref: A) 04 Hanoi 3341; B) 04 Hanoi 3424; C) Bangkok 477; D) 
 
Hanoi 157 
 
1. (SBU) Summary:  On January 25, the UNHCR's Director of 
International Protection Erika Feller briefed interested 
diplomatic missions on the UNHCR-Vietnam-Cambodia tripartite 
meeting and the unexpected signing by the three of a 
Memorandum of Understanding on dealing with the 750 
Montagnards currently in Cambodia.  According to Feller, the 
MOU ensures that Montagnards will have access to the 
resettlement determination process, secures temporary asylum 
for the group currently in Cambodia and envisages that there 
will be more Montagnards in Cambodia in the future, leaving 
the door open to further discussions.  The MOU does not link 
resettlement to repatriation nor does it require that 
resettlement take place prior to repatriation.  Vietnam 
agreed to allow access to returnees at a "later date" and 
the UNHCR committed to endeavor to obtain funds 
internationally for rehabilitation projects in the region, 
using its returnee visits to determine what assistance might 
be necessary.  The UNHCR believes that dealing with those 
who refuse both resettlement and repatriation will be 
difficult and will focus its energy on this group. 
Furthermore, as a next step, the UNHCR believes that it must 
show progress in resettling those who qualify.  End Summary. 
 
2. (SBU) UNHCR Director of International Protection Erika 
Feller opened her January 25 briefing for interested 
Embassies (which the Ambassador attended) by describing her 
initial expectations for the talks as purely "exploratory," 
with the hope of "improving relations" between the GVN and 
the UNHCR.  The UNHCR also sought to pursue a "protection- 
based solution" to the Montagnard problem and wanted to 
discuss how to maintain temporary asylum space in Cambodia 
to ensure that those who do come across the border will be 
able to have their asylum claims evaluated, Feller said. 
 
3. (SBU) However, in spite of the UNHCR's modest goals for 
"exploratory talks," upon Feller's arrival, the GVN 
presented her delegation a draft MOU that became the 
starting point for the talks, which themselves resulted in 
the MOU signed January 25 by all three sides (text in para 
11).  Feller described the MOU as dealing specifically with 
the dilemma surrounding the 750 Montagnards in Cambodia and 
"goes no further."  However, all three sides agreed that 
this would be a "pilot program" which, if it worked, might 
offer "lessons for the future."  The three sides also agreed 
to meet again to take stock of progress and see whether they 
should come up with a broad-based arrangement, Feller said. 
The GVN delegation was led by Principal Vice Foreign 
Minister Le Cong Phung and the Cambodian delegation was 
headed by Secretary of State Long Visalo. 
 
4. (SBU) According to the UNHCR, the MOU ensures that people 
will have access to the resettlement determination process. 
It also secures temporary asylum for the group currently in 
Cambodia and envisages that there will be more border- 
crossers in Cambodia in the future, a topic which could be 
the subject of further discussions.  On the subject of 
resettlement, the MOU recognizes that resettlement is the 
appropriate measure to deal with those who qualify for it. 
It also does not link resettlement to repatriation nor does 
it require that resettlement take place prior to 
repatriation.  Furthermore, the MOU recognizes the 
"parameters and requirements of resettlement countries" and 
does not hold the UNHCR to a specific resettlement timeline. 
While the UNHCR committed to "try its best" to resettle all 
those who are eligible within six months' time, the 
organization will nonetheless be subject to the requirements 
and demands of the resettlement countries and the 
circumstances of those for whom resettlement would not be 
appropriate at this time, Feller explained. 
 
5. (SBU) For its part, the GVN agreed that those rejected 
for resettlement could return to their place of origin and 
that they would not be punished, prosecuted or discriminated 
against in any way for their "illegal departure" from 
Vietnam, Feller explained.  The GVN had wanted to include 
for agreement among the three parties a paragraph on the 
causes (or "non-causes" of departure, such as persecution) 
but, in the end, agreed to a GVN statement of clarification 
on this point.  Cambodia, for its own legal reasons, had 
sought to exclude the reference to the Montagnards as 
"illegal departees."  As a result, the document refers 
neturally to the Montagnards as "Vietnamese Central 
Highlands ethnic minority people in Cambodia," Feller said. 
 
6. (SBU) The subject of access to those who return to 
Vietnam was the most difficult subject, Feller acknowledged. 
For the UNHCR, there was to be "no agreement without access" 
(which, Feller explained, is normally not part of the 
UNHCR's work but absolutely necessary in this case.)  The 
Vietnamese side expressed continued worries about the UNHCR 
and the fact that some of its staff members had "encouraged 
problems."  VFM Phung himself said that the UNHCR and its 
staff had "incited departures" and that "there is a lack of 
trust between Vietnam and the UNHCR."  Vietnam's position 
was thus that access would be possible at a "later date," 
but not soon after the MOU's signing.  Although the 
Vietnamese side was "cooperative" and seemingly "under 
pressure to be forthcoming," the issue of access was 
nonetheless a thorny one, and the agreed-upon language is, 
"For the immediate group, at the request of the UNHCR and at 
an appropriate time, the GVN and the UNHCR will consult and 
cooperate on visits to the returnees."  Significantly, in 
conjunction with the issue of access, the UNHCR committed to 
endeavor to obtain funds internationally for rehabilitation 
projects in the region.  The UNHCR would use its returnee 
visits to determine what assistance might be necessary, 
Feller explained.  This "opened the door a crack" to 
monitoring, a term that the UNHCR assiduously avoided during 
the talks. 
 
7. (SBU) On the issue of repatriation, the UNHCR has divided 
those to be repatriated into three groups:  those who will 
return voluntarily, those who were rejected for resettlement 
and will be repatriated and, the most difficult group, those 
who refuse be resettled and refuse to be repatriated.  For 
the time being, there is no option of asylum in Cambodia, 
and the UNHCR plans to focus its efforts on those who refuse 
resettlement yet want to stay in Cambodia.  According to the 
agreement, these individuals now have one month to decide if 
they want to be considered for refugee status or return to 
Vietnam.  In processing returnees, UNHCR envisioned that it 
would use "tried and true" procedures developed during the 
days of the Comprehensive Plan of Action (CPA, the precursor 
of the Orderly Departure Program), including exchanging 
lists of returnees with the GVN.  The UNHCR would ask 
returnees to fill out its "repatriation form," which had the 
advantage of not requiring information about extended 
families; instead, it required biodata about the returnee 
and his or her intended place of return and family 
composition, Feller said. 
 
8. (SBU) The UNHCR would assume responsibility for 
transporting returnees to the border, Feller continued.  In 
the main, the Vietnamese were "very cooperative" and gave a 
number of concessions, as did the Cambodians.  It seemed 
that all parties were eager to move beyond the "acrimonious 
period" and "de-emotionalize the issue."  Now the question 
is how to implement the MOU.  The UNHCR believes that it is 
incumbent upon it to seek movement in the resettlement half 
of the ledger and attempt to meet the tentative timeframes 
spelled out in the MOU.  Later on, the UNHCR would assess at 
what point it would make its first access request, Feller 
opined. 
 
9. (SBU) UNHCR Regional Representative for Thailand, 
Cambodia, Laos and Vietnam Hasim Utkan, who joined Feller, 
explained how the three sides came up with the figure of 750 
Montagnards and gave a breakdown as follows: 
 
Rejected for asylum:     132 
Agreed to resettle:      297 
Refuse to be resettled:  111 
Pending:                 237 
 
Utkan noted that this totals 777 persons.  Of these, four 
have already traveled to the United States and 23 were 
determined to be Cambodians, leaving 750 persons. 
 
10. (SBU) On the subject of the 13 Montagnards who returned 
voluntarily -- and without the UNHCR's assistance -- last 
year, Feller said that this issue was raised only in the 
context of "why full access will be problematic."  The 
"large" GVN delegation included several Ministry of Public 
Security representatives, and, on one occasion, VFM Phung 
told Feller that she should understand the pressure on him 
"because of the composition of his delegation."  Feller 
acknowledged that the most difficult problem would likely be 
dealing with those who neither want resettlement nor desire 
to return to Vietnam.  Finally, on the subject of whether 
the UNHCR will be criticized by human rights groups for 
signing this agreement, Feller said that the UNHCR could 
justify everything in the MOU and, while the terms used 
therein may not be the usual terms, "all the issues are the 
usual issues."  This MOU is a "step in the right direction," 
and all sides are "better off with it than without it."  "I 
will defend the agreement from human rights groups that will 
be critical of it," Feller concluded. 
 
11. (SBU) Begin text of MOU 
 
Memorandum of Understanding 
 
Between the Government of the Socialist Republic of Vietnam, 
the Royal Government of Cambodia and the United Nations High 
Commissioner for Refugees on the Settlement of issues 
Relating to the Vietnamese Central Highlands Ethnic Minority 
People in Cambodia. 
 
-- 1.  Preamble 
 
The Tripartite Meeting between the Government of Socialist 
Republic of Vietnam (Hereinafter referred to as the 
Vietnamese Government), the Royal Government of Cambodia and 
the United Nations High Commissioner for Refugees 
(hereinafter referred to as UNHCR) was held in Hanoi, 
Vietnam on 24-25 January 2005.  The three parties held 
discussions to work out effective solutions to issues 
relating to the Vietnamese Central Highlands ethnic minority 
people who have crossed the border into Cambodia and who are 
staying in temporary sites in Cambodia, with an aim to bring 
these issues to an end and as a result to close the 
temporary sites in Cambodia. 
 
-- 2.  Common Understandings and Principles 
 
The Government of Vietnam stated that the Vietnamese Central 
Highlands ethnic minority people cross the border without 
authorization into Cambodia, not because they are oppressed, 
persecuted or forced to flee. 
 
The Parties to this MOU agreed on the need to strengthen 
cooperation and coordination among them, to find a final 
solution for some 750 Central Highlands ethnic minority 
people currently in Cambodia's temporary sites.  To achieve 
that aim they agreed to expeditiously arrange resettlement 
for those who wish to be resettled in third countries and to 
expeditiously bring back to Vietnam people who volunteer to 
be repatriated.  Those who neither want to resettle in a 
third country nor to return to Vietnam will have one month 
following determination of their status to decide either to 
go to a third country or to come back to Vietnam.  If then 
they do not decide, the Royal Government of Cambodia and the 
UNHCR will work with the Vietnamese Government to bring them 
back to Vietnam in an orderly and safe fashion and in 
conformity with national and international laws.  For those 
ethnic minority people who arrive in Cambodia after this MOU 
is signed, the Royal Government of Cambodia and UNHCR will 
consider and decide whether to resettle them in third 
countries or repatriate them to Vietnam. 
 
In conformity with its humanitarian policy, the Vietnamese 
Government reiterated that the returnees will not be 
punished, discriminated and/or prosecuted for their illegal 
departure. 
 
For the immediate groups, at the request of UNHCR and at an 
appropriate time, The Vietnamese Government and UNHCR will 
consult and cooperate on visits to the returnees. 
 
UNHCR is committed to endeavor to obtain the necessary funds 
internationally for infrastructure projects in the returnee 
localities.  The assistance which might be necessary will be 
appraised by UNHCR during its working visits to such 
localities. 
 
-- 3.  The Procedures 
 
-- 3.1 Resettlement 
 
With regard to resettlement in third countries, the Royal 
Government of Cambodia and UNHCR will quickly complete all 
necessary resettlement procedures and arrangements.  The 
resettlement arrangement process shall be completed within 
the shortest possible time frame, but not later than in 6 
months, except for some individual special cases, and 
bearing in mind the need to comply with the requirements of 
the resettlement countries.  UNHCR will keep the Royal 
Government of Cambodia fully informed in this regard. 
 
-- 3.2 Repatriation 
 
For those to be repatriated to Vietnam (including those who 
are rejected by UNHCR), readmission will take place in 
accordance with an agreed procedure as follows: 
 
- The Cambodian side, in co-operation with UNHCR, will use a 
UNHCR repatriation form to provide the Vietnamese side, 
through diplomatic channels, with a list of persons 
returning, including full name, date of birth, together with 
their photos, bio-data, residence address in Vietnam before 
departure to Cambodia and family composition. 
 
- After seven days upon receipt of the list, the Vietnamese 
side will inform the Cambodian side, through diplomatic 
channels, of the lists of those accepted and not accepted 
(if there are any such persons). 
 
 
- The time and venue of readmission will be arranged by the 
Vietnamese and Cambodian sides through diplomatic channels. 
 
- UNHCR will provide the Cambodia side with the means of 
transport to transport the returnees to the venue of 
readmission. 
 
- The Vietnamese side will be responsible for transporting 
the returnees from the venue of readmission to the 
localities or their residence before their departure to 
Cambodia. 
 
-- 4. Final Remarks 
 
The Cambodian delegation and the UNHCR delegation express 
their gratitude and sincere appreciation to the Vietnamese 
Government for the excellent arrangements made for the 
meeting and the effective co-operation extended to make it a 
fine success. 
 
Done at Hanoi, on 25 January 2005 in three copies in 
English. 
 
On behalf of the Government of the Socialist Republic of 
Vietnam: 
//S// 
H.E. Mr. Le Cong Phung 
First Deputy Minister 
Ministry of Foreign Affairs 
 
On behalf of the Royal Government of Cambodia 
//S// 
H.E. Mr. Long Visalo 
Secretary of State 
 
SIPDIS 
Ministry of Foreign Affairs and International Co-operation 
 
On behalf of the United Nations High Commissioner for 
Refugees 
//S// 
Mrs. Erika Elizabeth Feller 
Director 
Department of International Protection 
 
End text of MOU. 
MARINE