Logo of Phnom Penh Post newspaper Phnom Penh Post - Tripartite Montagnard refugee talks bring no progress

Tripartite Montagnard refugee talks bring no progress

Tripartite Montagnard refugee talks bring no progress

There was no progress made at talks held March 12 between representatives from the

UN High Commissioner for Refugees (UNHCR) and the Cambodian and Vietnamese governments

over the fate of 1,000 Montagnard refugees currently in Cambodia.

The talks in Ho Chi Minh City concluded with Vietnam refusing to allow UNHCR access

to the Central Highlands, which is home to the refugees. The agency's policy is to

insist on access "pre-return, during return and post-return". UNHCR describes

it as a minimum safeguard, and will not go ahead without such assurances.

The Vietnamese delegation was reportedly annoyed that previous access had resulted

in only a handful of refugees returning. That, they felt, was insufficient.

US Ambassador Kent Wiedemann said he was "very disappointed" at the lack

of progress.

"We hoped that there would be agreement, especially by Vietnam, to resume the

voluntary repatriation scheme," he said. "That's the principle point of

impasse - the Vietnamese refused UNHCR, as I understand it, to resume their visits

to the Central Highlands. Without that they simply can't do any repatriation."

At a press conference earlier this month, the under-secretary of state at the Ministry

of Foreign Affairs (MoFA), Sieng Lapresse, accused UNHCR of trafficking refugees

across the border from Vietnam. His comments followed strong criticism of the government's

deportation of 63 asylum seekers March 2, which is contrary to the Cambodian government's

international commitments under the 1951 refugee convention.

"The incident that alleged deportation [of 63 asylum seekers] under the objection

of staff from UNHCR - we deny that," Lapresse said March 6. Further questioning

revealed a fundamental difference between the government and UNHCR over the term

"forced repatriation".

"You can call [sending back the refugees] whatever you want," Lapresse

said, "but when it comes to the sovereignty of Cambodia and national security,

we have no means to identify criminals and other traffickers of people. So therefore

it is natural for us to do whatever [we can] to stop [this]."

The authorities' action drew a strong response from the UN's special representative

for human rights, Peter Leuprecht, who visited the country that weekend. In a statement

released March 4, Leuprecht stated he was "deeply concerned by the forced deportation

. . . over the objections of [UNHCR] staff".

"These deportations are a clear violation of the 1951 Convention on Refugees,

to which Cambodia is a party," his statement read. "The non-refoulement

principle in this convention states that asylum seekers should not be returned to

a country where they face a well-founded fear of persecution."

Leuprecht urged the government to "fully uphold its international obligations"

contained in the convention, and stated that "no asylum seekers should be forcibly

deported".

Wiedemann said March 14 that the interim period had left him more optimistic the

Cambodian government would stand by its international commitments. He felt the events

of March 2 were unlikely to be repeated.

"I have had continued assurances from the Cambodians as early as this morning

that they will continue to honor the convention," said Wiedemann. "There

are some indications, too, that their actions a couple of weeks ago might not happen

again."

The next meeting between the three sides is set for May 31.

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