“FATE OF HMONG REFUGEES” published by the Congressional Record on Dec. 23, 2009

“FATE OF HMONG REFUGEES” published by the Congressional Record on Dec. 23, 2009

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Volume 155, No. 200 covering the 1st Session of the 111th Congress (2009 - 2010) was published by the Congressional Record.

The Congressional Record is a unique source of public documentation. It started in 1873, documenting nearly all the major and minor policies being discussed and debated.

“FATE OF HMONG REFUGEES” mentioning the U.S. Dept of State was published in the in the Senate section section on pages S13870-S13871 on Dec. 23, 2009.

The publication is reproduced in full below:

FATE OF HMONG REFUGEES

Mr. LEAHY. Mr. President, I want to speak briefly about a worrisome humanitarian situation that is developing in Thailand, which could cause problems for our relations with the Thai military.

Thailand and the United States are longtime friends and allies, and our Armed Forces have developed a cooperative relationship. Many Thai military officers have been trained in the United States, and Thai soldiers have participated in joint U.S.-Thai training exercises such as Operation Cobra Gold. I expect this relationship to continue. But I am very concerned, as I know are other Senators, that the Thai Government may be on the verge of deporting roughly 4,000 ethnic Hmong back to Laos where many fear persecution.

Thailand has a long history of generosity towards refugees from Burma, Laos, Cambodia and Vietnam. It is a history to be proud of. But the Thai Government, which insists that the Hmong are economic migrants who should be repatriated, has reportedly deployed additional troops to Phetchabun province where most of the Hmong are in camps. There is a growing concern that the Thai military may expel the Hmong before the end of the year. There is also concern that a group of 158 Hmong in Nongkhai province, who have been screened and granted United Nations refugee status, could be sent back to Laos. I understand that the United States and several countries have told the U.N. High Commissioner for Refugees and the Thai Government they are prepared to consider this group of refugees for resettlement. Potential resettlement countries should be given an opportunity to interview these individuals in Thailand.

It may be that some of the 4,000 Hmong are economic migrants. It is also likely that some are refugees who have a credible fear of persecution if they were returned to Laos. I am aware that many Hmong fought alongside the U.S. military during the Vietnam war. The U.N. High Commissioner for Refugees, working with Thai authorities, needs to determine who has a legitimate claim for asylum and who does not, in accordance with long-standing principles of refugee law and practice. No one with a valid claim should be returned to Laos except on a voluntary basis. The United States, and other countries, can help resettle those who do have valid claims but need access and the opportunity to consider relevant cases.

I mention this because I cannot overstate the consternation it would cause here if the Thai Government were to forcibly return the Hmong to Laos in violation of international practice and requirements. The image of Laotian refugees including many who the United Nations and the Thai Government itself have stated are in need of protection being rounded up by Thai soldiers and sent back against their will during the Christmas season, and the possible violence that could result, is very worrisome. On December 17 I joined other Senators in a letter to the Thai Prime Minister about this, and I will ask that a copy be printed in the Record at the end of my remarks.

As chairman of the Department of State, Foreign Operations, and Related Programs Subcommittee of the Appropriations Committee which funds international assistance programs, I have supported U.S. military training programs and other assistance to the Thai military. We share common interests and want to continue to work together. But after the deplorable forced repatriation to China of Uighur refugees by Cambodian authorities last week, we expect better of the Thai Government. Should the Hmong be treated similarly it could badly damage the Thai military's reputation, and put our military collaboration at risk.

Mr. President, I ask unanimous consent to have printed in the Record the December 17, 2009 letter to which I referred.

There being no objection, the material was ordered to be printed in the Record, as follows:

U.S. Senate,

Washington, DC, December 17, 2009. Mr. Abhisit Vejjajiva, Prime Minister, Kingdom of Thailand, Wisconsin Ave, N.W.,

Washington, DC.

Dear Mr. Prime Minister, We are writing to express our concern regarding reports of a possible repatriation to Laos of Lao Ilmong from the Huay Nam Khao camp and Nong Khai detention center in Thailand. While we recognize that the Kingdom of Thailand is burdened by the large number of refugees it hosts on its territory, we encourage you to not take steps to repatriate any individuals to Laos at this time. Thailand is a strong ally of the U.S., and the cooperation between our governments, including a history of working together on Laotian and Burmese refugee issues, is greatly valued.

We understand that your government has conducted screenings in the Phetchabun camp in fluay Nam Khao to identify and separate refugees meriting protection from those migrating for primarily economic reasons. We remain concerned, however, regarding the lack of transparency in this screening process, and the absence of a civilian entity to lead it. In July of this year, a group of Senators sent a letter to General Songkitti Jaggabatara requesting more information about the criteria and methods used in screening Laotian Hmong in the Phetchabun camp, but a response to this inquiry has not yet been received.

We acknowledge the difficulty that this issue has posed for both your country as well as the inhabitants of the camps. However, we believe that the lack of transparency in the screening and repatriation process only exacerbates these difficulties and heightens international concern regarding these populations. A process that adheres to the core tenets of the refugee convention, and is conducted by an independent third party organization, could resolve much of this concern by helping to ensure that the Lao Hmong are able to provide a full and accurate account that can serve as the basis for an appropriate status determination.

Before repatriating any individuals to Laos, we strongly urge your government to work with an independent third-party organization to conduct a transparent screening process consistent with international standards. Once such a process is in place. we hope that any Hmong determined to have refugee status will be provided opportunities for third country resettlement. This includes the individuals at the Nong Khai center, who have already been screened by the United Nations High Commissioner for Refugees. For those who are not judged to require protection, we encourage you to work with international organizations and the governments of the U.S. and Laos to establish a repatriation process that includes effective third party monitoring.

We also understand that Assistant Secretary of State Eric Schwartz will be visiting Thailand in the very near future. We hope that the U.S. and Thailand can work closely to find a solution that alleviates the burden of this situation on Thailand, as well as the concerns about the repatriation of those in need of protection, and we would be happy to consult with you on this process.

We appreciate your efforts to ensure a transparent process and just resolution to this issue. The Kingdom of Thailand remains a close ally of the United States and we look forward to working with your government to strengthen this important relationship.

Sincerely,

Russell D. Feingold, United States Senator; Barbara

Boxer, United States Senator; Sheldon Whitehouse,

United States Senator; Richard G. Lugar, United States

Senator; Patrick J. Leahy, United States Senator; Lisa

Murkowski, United States Senator; Amy Klobuchar, United

States Senator; Mark Begich, United States Senator; Al

Franken, United States Senator.

____________________

SOURCE: Congressional Record Vol. 155, No. 200

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