US embassy cable - 05HANOI3114

UNCLAS SECTION 01 OF 03 HANOI 003114 
 
SIPDIS 
 
SENSITIVE 
 
STATE FOR EAP/MLS AND PRM, BANGKOK FOR REFUGEE COORDINATOR, 
GENEVA FOR RMA 
 
E.O. 12958: N/A 
TAGS: PREL, PHUM, PREF, VM, CB, DPRK, ETMIN, HUMANR 
SUBJECT:  UNHCR PLEASED WITH PROGRESS IN ETHNIC MINORITIES 
ISSUE, STATE OF RELATIONS WITH GVN 
 
1. (SBU) Summary and Comment:  UNHCR Asia/Pacific Director 
Janet Lim and other UNHCR representatives briefed the 
Ambassador November 21 on the current positive tone of UNHCR- 
GVN relations and the state of play of Vietnamese ethnic 
minorities in Cambodia.  Although the GVN remains reluctant 
to allow an expatriate Chief of Mission in Vietnam, it has 
facilitated visas for out-of-country UNHCR staff and 
arranged returnee monitoring visits by local diplomats. 
UNHCR representatives also described positive meetings with 
U.S. Congressional staffers and expressed the desire to work 
more closely with them in the future.  For reasons that are 
unclear, Vietnamese ethnic minorities continue to arrive in 
Phnom Penh, although word does seem to be spreading in 
minority communities in Vietnam that crossing into Cambodia 
is not a good idea.  The Ambassador urged UNHCR 
representatives to remain in close contact with the USG, 
ensure that those arriving in Phnom Penh are given the 
chance at status determination and undertake efforts to get 
the word out on the good work UNHCR continues to do. 
Mission will work with Embassy Phnom Penh and UNHCR to 
understand better who is still traveling to Cambodia and 
why.  On the issue of DPRK asylum seekers, the GVN may be 
pragmatic provided the matter is quiet and low-key.  On the 
Khmer Krom crossing into Cambodia, UNHCR reports that the 
issue has calmed down since August.  End Summary and 
Comment. 
 
Vietnamese Ethnic Minorities/Central Highlands 
--------------------------------------------- - 
 
2. (SBU) UNHCR Asia/Pacific Director Janet Lim met November 
21 with the Ambassador to discuss ongoing issues related to 
Vietnamese ethnic minorities in Phnom Penh, returnees, DPRK 
asylum seekers and ethnic Cambodians (Khmer Krom).  Lim was 
joined by Regional Representative Hasim Utkan and Vietnam 
Chief of Mission Vu Anh Son.  Contrasting the current good 
state of UNHCR-GVN relations with one year ago, Lim 
expressed gratitude for the USG's and others' support for 
UNHCR's efforts.  This includes undertaking monitoring 
visits to the Central Highlands, which the Ambassador noted 
are important for third countries to carry out, but are 
still ultimately the responsibility of UNHCR.  While in 
Vietnam, Lim will meet with Standing Vice Foreign Minister 
Le Cong Phung.  (Note:  Lim was originally scheduled to meet 
with VFM Nguyen Phu Binh, who had to cancel.  That the GVN 
upgraded Lim's interlocutor rather than arrange a meeting 
with a Director General is a positive indication of how 
things are between UNHCR and the GVN.  End Note.) 
 
3. (SBU) Lim explained that the GVN has made clear its 
reluctance to expand UNHCR's presence in Vietnam.  At the 
same time, the GVN issued a multiple-entry diplomatic visa 
to Regional Representative Utkan.  UNHCR's next step will be 
to seek a similar visa for its putative expatriate Chief of 
Mission, who will be based in Bangkok "for the time being." 
The Ambassador noted that, sooner rather than later, UNHCR 
will need an expanded presence in Vietnam, particularly as 
UNHCR's mandate goes beyond addressing the issue of ethnic 
minorities and will soon include managing a number of 
microprojects in the Central Highlands, including one funded 
by PRM.  Lim reported that, in a recent letter from Foreign 
Minister Nguyen Dzy Nien to the High Commissioner, the GVN 
expressed its position that there is no need for an expat 
UNHCR representative because Vietnam has no refugees and 
"the Comprehensive Plan of Action (CPA) is finished."  "But 
UNHCR's work in Vietnam is much more than just CPA," Lim 
stressed.  However, FM Nien added in the letter that Vietnam 
wants to keep UNHCR's "liaison office" and will issue entry 
visas to UNHCR staff to regularly visit Vietnam and also 
facilitate visits to returnees by local diplomats. 
 
4. (SBU) Turning to U.S. Congressional interest in the 
Central Highlands, the Ambassador urged UNHCR to be as 
transparent and open as possible in dealing with the Hill. 
There are a number of senior staffers and others who follow 
these matters closely and want to help, and the more that 
UNHCR can do to facilitate their understanding of the 
situation on the ground, the better.  Utkan added that, 
during a recent visit to Washington, he encountered a great 
deal of interest among Congressional aides, and he hopes to 
develop a strategy for passing information to staffers, 
particularly those with "open minds." 
 
5. (SBU) The UNHCR representatives described the November 3 
voluntary repatriation of ten ethnic minorities, eight 
originally from Dak Lak Province and two from Gia Lai 
Province.  These ten individuals did not undergo a status 
determination process, but rather decided to return to 
Vietnam after receiving counseling from UNHCR.  The 
Ambassador questioned this way of doing business, noting 
that it is important to give refugees who appear in Phnom 
Penh the fullest possible hearing.  This may also include 
involving USCIS.  The USG needs to know about these cases, 
and we need to stay in communication with UNHCR, the 
Ambassador stressed.  UNHCR can also increase its 
effectiveness by putting its case on record.  It has a good 
story to tell regarding returnees and should not shy away 
from taking credit for its efforts to ameliorate the 
situation.  Director Lim agreed, noting that during the 
October Executive Board meeting, the issue of ethnic 
minorities did not generate much discussion as it was "no 
longer the crisis of the moment." 
 
6. (SBU) Between August and November 21, 122 ethnic 
minorities arrived in Phnom Penh, Utkan said.  Of these, 54 
of them are from Gia Lai Province and arrived two weeks ago. 
The remaining 68 are predominantly from Dak Lak Province, 
and a number of these are family members of individuals 
resettled abroad in 2001 and later.  (Note:  Based on 
information we received from UNHCR, none of these 
individuals is among our Visas-93 cases.  However, it could 
be that the relatives in the United States have not yet 
filed an I-730 or we have not yet received the DHS approval. 
End Note.)  By the end of the year, UNHCR expects to have 
processed a total of 820 or 830 individuals, with 600 
resettled, 185 repatriated to Vietnam and 65 determined to 
be Cambodians posing as Vietnamese ethnic minorities.  By 
year's end, UNHCR also expects some 160 individuals to be in 
Phnom Penh awaiting processing (this figure includes a 
number of the 122 currently in the camps).  In initial 
processing some of these 122 individuals, to date UNHCR has 
recommended ten percent for resettlement, with 40 percent 
receiving "derivative status" (family reunification) and 50 
percent rejected, Utkan explained. 
 
7. (SBU) It is unclear why ethnic minorities are still 
crossing into Cambodia, although it seems that word is 
spreading among ethnic minorities in certain districts in 
Gia Lai that going to Cambodia is not a good idea, Utkan 
continued.  For example, among the new arrivals, none is 
from Ia Grai and Chu Se, two districts that in the past have 
had a number of refugees.  Utkan added that Chief of Mission 
Son recently visited the 13 ethnic minorities who returned 
to Dak Lak in September 2004, and all seemed well. 
 
8. (SBU) Turning back to his visit to Washington, Utkan 
described his meeting with representatives of Refugees 
International, who expressed concern that UNHCR's reporting 
on the Central Highlands "jeopardized" the reporting of 
Human Rights Watch and others.  Utkan countered that UNHCR's 
mandate is limited, and the organization has nothing to 
hide.  Although Refugees International had initially opposed 
any kind of screening for ethnic minorities, their position 
now is that screening is preferable to forced repatriation, 
he continued.  Refugees International and others also 
advocate that those that have been screened out should have 
access to independent counsel during their appeals process, 
which UNHCR does not oppose provided UNHCR is not 
responsible for the cost.  The Ambassador reminded them that 
the United States is also opposed to forced repatriation. 
Responding to the Ambassador's question about the 
"humanitarian group" now in Phnom Penh -- those screened-out 
refugees whom Embassy Phnom Penh has referred -- Utkan said 
some cases have been accepted, some cases are pending and 
one case involving two persons was rejected by USCIS. 
(Note:  This does not track with information we received 
from RefCoord Bangkok.  According to these separate figures, 
of a total of 23 cases (35 persons), 14 cases (22 persons) 
have been approved by DHS and are awaiting further 
processing; four cases (five persons) have been denied by 
DHS; two cases (two persons) are awaiting DHS's decision; 
one case (three person) has applied to Finland; and, two 
cases (three persons) have withdrawn their applications. 
End Note.) 
 
DPRK Asylum Seekers 
------------------- 
 
9. (SBU) On the subject of DPRK asylum seekers in Vietnam, 
Lim observed that, as long as the matter is kept quiet and 
low-key, the GVN may be pragmatic and flexible in resolving 
asylum cases involving diplomatic facilities.  However, if 
the incident becomes high-profile -- which, unfortunately, 
is what many advocacy groups seek -- then the GVN would 
likely feel forced to do something about it.  The ROKG has 
sought a greater role for UNHCR, which is possible provided 
the host government agrees ("something that is not an option 
in China"), Lim continued. 
 
Ethnic Cambodians/Khmer Krom 
---------------------------- 
 
10. (SBU) Regional Representative Utkan reported that the 
issue of ethnic Cambodians migrating from Vietnam to 
Cambodia has "calmed down" since August.  The International 
Committee of the Red Cross has assisted some of those 
individuals who are facing hardship, and a number of those 
who crossed into Cambodia have been declared "ethnic Khmer" 
by the RGC.  There does not appear to be a magnet effect, 
Utkan concluded. 
 
Comment 
------- 
 
11. (SBU) We look forward to working with Embassy Phnom Penh 
and UNHCR to learn more about who the continuing arrivals 
from Vietnam are, including where they are from and why they 
still choose to cross into Cambodia.  Although none of the 
family reunion cases that UNHCR brought to our attention 
tracks with our own Visas-93 applicants, we will try to 
determine whether I-730's have been filed for these 
individuals and, if so, where these applications stand.  End 
Comment. 
 
MARINE