US embassy cable - 05BANGKOK6767

C O N F I D E N T I A L SECTION 01 OF 02 BANGKOK 006767 
 
SIPDIS 
 
E.O. 12958: DECL: 10/26/2015 
TAGS: PREF, PHUM, PREL, CB, TH, CAMBODIA, Refugee 
SUBJECT: CAMBODIAN ACTIVISTS URGENTLY SEEK REFUGEE STATUS 
AND RESETTLEMENT IN US 
 
REF: A] BANGKOK 06619 B] PHNOM PENH 01722 
 
Classified By: POLITICAL COUNSELOR SUSAN M. SUTTON reason 1.4 (b) (d) 
 
 1.(U)  This is an action message requesting instructions by 
Friday October 28. Please see paragraph 7. 
 
2.  (C) Summary and action request:  Events concerning the 
three Cambodian activists in hiding in Bangkok (ref A) are 
moving quickly.  Based on conversations today, we have 
determined the following: 
 
-- UNHCR plans to interview the three on Friday. 
-- UNHCR has contacted the MFA and asked what its response 
would be if UNHCR requested emergency resettlement for the 
three; MFA indicated that it would respond on Friday. 
-- We believe that UNHCR is likely to determine that the 
three are qualified for referal as refugees. 
-- The initial Cambodia extradition request was rejected by 
the Thai since it did not meet the requirements of the 
extradition treaty; a correct request is expectly shortly. 
We believe it may/may be easier for the Thai to permit some 
kind of resettlement if the three can be moved before the 
revised extradition request is received. 
-- The three activists want refugee status and resettlement, 
although they hope eventually to return to work in Cambodia. 
The US is their prefered destination, because they have 
family there, and because they believe this is the best 
platform from which to continue promoting human rights in 
Cambodia. 
-- The New Zealand embassy is considering organizing a joint 
demarche on the RTG to encourage it to resolve this problem 
quickly by allowing the three to be resettled.  If Wellington 
approves, they will request US participation. 
 
Action request: We believe that we should participate in such 
a demarche if it is organized.  Given the short fuse on this 
issue, we believe it would also be useful for the US to 
approach the MFA on Friday and underscore our concern 
regarding this case.  We also request guidance on the 
possibility of resettlement in the US. (See para 7).   End 
summary and action request. 
 
3.  (C) Post had two meetings today which provided new 
information about the status of the three Cambodians (Ear 
Channa, Man Nath and Chhan Channy) who fled to Bangkok 
earlier this month (reftels).  New Zealand diplomat Steven 
Dowell reported that UNHCR had approached MFA about the 
possibility of RTG agreement to emergency resettlement for 
the three. MFA has promised to provide a response on Friday. 
UNHCR told Dowell that an approach by embassies to the MFA 
supporting UNHCR would be useful at this time.  The NZ 
embassy here has proposed to Wellington that it organize a 
joint demarche to the Thai and asked us to join if the 
initiative is approved. The demarche could include points to 
underscore that the three are being accused solely on the 
basis of the peaceful expression of their political views, 
and that Thailand could be the target of widespread 
international criticism for cooperating with Cambodia in this 
case. The goal of the demarche would be to offer 
international assistance to resolve the problem by removing 
the three Cambodians and thus getting Thailand out of the 
tough position Cambodia is putting it in. 
 
4.  (C) Post also met with Forum Asia, the NGO assisting the 
three Cambodians.  Forum Asia informed us that UNHCR would 
interview the three on Friday afternoon, sending a 
representative to see them in a secure location in case the 
UNHCR HQ is being watched by Cambodian intelligence, as the 
NGO has reported.   Forum Asia is concerned that, even if 
UNHCR finds the group qualified as refugees, the RTG may 
still not issue the necessary exit visa.  We share these 
concerns. 
 
5. (C)  Forum Asia believes that there may be a temporary 
window of opportunity to get the three out of the country. 
The Cambodians submitted their extradition request in an 
incorrect format, and the Thai MFA has not accepted it. 
(According to Forum Asia, the Cambodians submitted their 
request from PM Hun Sen to PM Thaksin, and the PM is not an 
authorized person to make the request.)  Everyone assumes 
that the Cambodians will resubmit the request soonest and 
correctly, thus making it much more difficult for the Thai to 
permit the Cambodians to leave.  The Forum Asia 
representatives emphasized that the three hoped to return to 
Cambodia someday, but wanted refugee resettlement now, and 
hoped to go to the US, where they have family and can best 
carry on their work promoting democracy in Cambodia. 
 
6. (C)  We told Forum Asia that we had already conveyed the 
high level of international concern and our own interest to 
the Thai government already (ref A).  Regarding possible 
resettlement to the US, we informed them that, while the US 
did at times accept referals from the UNHCR, we could not at 
this time commit to taking these individuals.  More 
important, if UNHCR needed to get them out of Thailand 
quickly, the US might not be the best destination, even if we 
agreed to take the three.  If UNHCR and the Thai reached 
agreement to move the three quickly, for example, before the 
new extradition request was received, than the US processing 
time required for refugees might take too long.  According to 
UNHCR, there are other countries that are prepared to move 
more quickly in response to urgent refugee situations. 
 
7.  (C) Action question: 
A. We request Department concurrence on a low-key approach to 
the RTG as soon as possible, noting our concern about the 
case and encouraging the Thai to work with UNHCR and the 
international community to find a solution that would permit 
the three to be resettled. 
 
B. If approached by New Zealand, request Department 
concurrence to participate in a joint demarche along the same 
lines. 
 
C. Request Department guidance on the issue of resettlement 
in the US for the three Cambodians. 
 
Given the speed with which this issue is moving, we request 
guidance by Friday October 28, Bangkok time,  or, at latest, 
Monday.  End action request. 
KEUR