US embassy cable - 05HANOI2481

UNCLAS HANOI 002481 
 
SIPDIS 
 
SENSITIVE 
 
E.O. 12958: N/A 
TAGS: PREF, PREL, PHUM, KN, VM, DPRK 
SUBJECT: Opportunities to Assist DPRK Asylum Seekers in 
Vietnam: Slim and None 
 
Reftel:  State 172010 
 
1. (SBU) Summary:  The GVN considers DPRK asylum seekers to 
be immigration law violators who must be dealt with in 
accordance with the law; in most cases, they are sent back 
to the country from which they crossed illegally into 
Vietnam.  As a matter of security, the GVN has asked foreign 
and international missions to hand over any third-country 
intruders.  The GVN will not be held responsible for a 
mission's security if that mission decides to shelter an 
intruder.  Furthermore, the sheltering country's relations 
with Vietnam would suffer in such an event.  The GVN would 
not permit the USG or anyone else to process North Koreans 
for resettlement from Vietnam.  The GVN also would not allow 
asylum seekers to receive assistance through the UN or 
another party nor welcome USG support for providing 
protection and assistance to North Koreans.  End Summary. 
 
2. (SBU) Pol/C raised reftel's questions with MFA Consular 
Department Deputy Director Bui Tien Hue September 22.  The 
GVN considers those arriving in Vietnam without proper 
documentation, such as passports and visas, as immigration 
law violators, Hue said.  Vietnam has a sovereign right to 
control its borders and protect its territory.  In the case 
of someone who enters Vietnam illegally, the GVN has no 
choice but to expel this person.  In response to Pol/C's 
question about exceptions for humanitarian or exceptional 
cases, Hue said that "the law is clear." 
 
3. (SBU) Following recent cases involving North Korean 
asylum seekers entering third-country embassies (France and 
Sweden in December 2004 and Thailand in June), the GVN sent 
around a circular to all diplomatic missions asking them to 
hand over to the GVN authorities any foreign intruders, Hue 
continued.  This is for the safety of both the diplomatic 
community and the Vietnamese people.  In the current age of 
international terrorism, Vietnam has a responsibility to 
protect resident diplomatic missions and personnel.  If any 
embassy or organization shelters intruders, the GVN cannot 
be held responsible for that organization's security. 
Besides, offering such shelter is in violation of Article 31 
of the Vienna Convention, Hue noted. 
 
4. (SBU) In addition, providing shelter would only encourage 
an increase in illegal migrants, creating further problems 
for Vietnam's security, Hue stressed.  It would also "badly 
affect" Vietnam's relations with the sheltering country. 
Furthermore, it would not be acceptable to use Vietnam's 
territory to process applications for resettlement or as a 
"temporary residence" prior to travel to a third country. 
If Vietnam permitted this, it would greatly affect Vietnam's 
security and order.  "Aren't other countries the same?" Hue 
asked.  Pol/C responded that other nations, including 
Cambodia, have signed the 1951 Refugee Convention and 1967 
Protocol and thus have accepted certain responsibilities, 
including providing temporary refugee to asylum seekers. 
 
5. (SBU) Vietnam also would not allow assistance to be 
routed through the UN or another organization to asylum 
seekers, Hue continued.  This is a "preventive principle" 
designed to discourage others from entering Vietnam 
illegally.  Finally, Vietnam would not welcome USG support 
for providing protection and assistance to asylum seekers. 
"Asylum seekers must be dealt with as law breakers," Hue 
asserted.  In most cases, they would be sent back to the 
country from which they entered Vietnam, he said.  In 
response, Pol/C noted that the United States considers the 
issue of DPRK asylum seekers to be an important humanitarian 
matter and that the USG is concerned about what would likely 
happen to them should they be sent back to North Korea.  Hue 
replied that "there are many ways to provide assistance to 
these individuals, and it does not have to be in Vietnam." 
 
MARINE