US embassy cable - 05BANGKOK6619

C O N F I D E N T I A L SECTION 01 OF 02 BANGKOK 006619 
 
SIPDIS 
 
GENEVA FOR RMA 
 
E.O. 12958: DECL: 10/19/2015 
TAGS: PREL, PREF, TH, CM, Refugee, CAMBODIA 
SUBJECT: SITUATION OF THREE CAMBODIANS WHO HAVE FLED TO 
THAILAND 
 
REF: PHNOM PENH 
 
Classified By: POLITICAL COUNSELOR SUSAN SUTTON.  REASON 1.4 (B, D) 
 
 1. (C) Summary.  UNHCR reported October 19 that it was very 
concerned about the three Cambodians from the Cambodian 
Watchdog Council who have fled to Thailand.  UNHCR is worried 
that the Thai government may see the situation as similar to 
that of the 131 Thai who fled southern Thailand to Malaysia 
and whom the Thai requested that the Malaysian government 
return.  UNHCR Bangkok chief Utkan told General Winai, the 
head of the Thai National Security Council, on October 19 
that UNHCR considered the Cambodians to be refugees.  Utkan 
stated that the issue was already very public and warned that 
UNHCR headquarters would issue a strong public condemnation 
if the Thai deported the three back to Cambodia.  Winai said 
that the Thai had not yet received a Cambodian extradition 
request for the three.  UNHCR has postponed its refugee 
status determination interviews of the three out of concern 
for their safety and to get a better sense of what the Thai 
approach will be.  Embassy raised the issue of the Cambodians 
informally with the Thai on October 19, noting the high level 
of international interest.  End summary. 
 
2.  (C) During a previously scheduled October 19 meeting, 
Embassy Political Counselor discussed with UNHCR Bangkok 
chief Hasim Utkan the situation of the three Cambodians (Man 
Nath, Ear Channa, and Chhan Channy from the Cambodian 
Watchdog Council) who have fled to Thailand.  Utkan said that 
he had received a number of communications from NGOs and 
human rights groups expressing concern about these men and 
the possibility of deportation from Thailand.  Utkan 
emphasized that he was very worried.  It would be a major 
mistake if the Thai sent the three back to Cambodia.  If that 
were to happen, UNHCR would have no choice but to issue a 
strong public condemnation.  Utkan stated that he was worried 
the Thai would see the Cambodians, situation as similar to 
the 131 Thai who recently fled southern Thailand to Malaysia. 
 The Thai had requested that the Malaysian government return 
the group.  To be consistent, the Thai may think that they 
would have to deport the Cambodians.  Embassy Political 
Counselor said that we shared UNHCR,s concern about the 
situation. 
 
3. (C) Utkan said that he had decided to postpone the refugee 
status determination interviews with the three Cambodians 
scheduled for October 19.  His reasons were a concern for 
their security and a desire to determine the Thai 
government,s approach.  The three persons are in an NGO 
safehouse and their security could be in jeopardy if they 
were to come to the UNHCR office.  Utkan noted that Cambodian 
security personnel had approached UNHCR Phnom Penh and asked 
for UNHCR Bangkok,s address.  The Thai National Intelligence 
Agency had also contacted UNHCR about the three Cambodians. 
Utkan noted that if UNHCR conducted refugee status 
determinations and found that the three were refugees and 
resettlement was the appropriate solution, an exit permit 
from the Thai government would be necessary before they could 
depart Thailand.  Utkan continued that UNHCR had so far had 
no direct contact with the Cambodians.  An NGO had served as 
an intermediary.  The NGO had told UNHCR that the Cambodians 
had entered Thailand with a one-day border pass, not with 
passports.  They had therefore already overstayed and were 
now in Thailand illegally. 
 
4. (C) Utkan met later on October 19 with General Winai, the 
head of the Thai National Security Council.  Utkan reported 
to Refcoord that he told Winai that UNHCR considered the 
three Cambodians as refugees and was concerned about their 
physical security.  Utkan also told Winai that he had 
received numerous inquiries and expressions of concern from 
NGOs and human rights groups.  The situation of the 
Cambodians was already a very public issue.  Utkan informed 
Winai that if the Cambodians were deported there would 
inevitably be a strong public reaction from UNHCR Geneva. 
Utkan said he offered emergency resettlement of the three to 
a third country.  Another alternative could be letting the 
situation cool down and seeing if the three Cambodians could 
work out some agreement later with the Cambodian government 
that would permit their return. 
 
5. (C) Utkan reported that Winai did not seem fully informed 
about the situation.  Winai said that the Thai government had 
not yet received a formal extradition request from the 
Cambodians but noted that the Thai and Cambodian governments 
were holding a joint commission meeting the same day in Phnom 
Penh and the issue could arise in that setting.  Winai said 
that direct resettlement from Thailand would be difficult 
given the visibility of the issue and that the best 
alternative might be to find some way to gain time and let 
the situation cool down.  Utkan and Winai agreed to be in 
daily contact on the matter. 
6. (C) In a later meeting with Ministry of Foreign Affairs 
Director General Nongnuth Phetcharatana, Political Counselor 
informally raised the issue of the Cambodians and noted the 
high level of international concern that was already 
apparent.  Nongnuth was not aware of the issue and did not 
respond substantively.  Afterwards, a lower-level MFA 
official noted that the situation was similar to that of the 
131 Thai who had fled to Malaysia and confirmed that this 
made the situation more difficult. 
 
7. (C) Comment.  UNHCR's meeting with Winai and ours with the 
MFA have brought the issue to the attention of the elements 
in the Thai government who will be most likely to take 
international concerns into consideration.  Nonetheless, the 
timing -- coinciding with Bangkok's demands for the return of 
the 131 Thai in Malaysia -- will make the issue more 
complicated to resolve. 
 
BOYCE