VZCZCXRO7133
RR RUEHCHI RUEHDT RUEHHM RUEHNH
DE RUEHHI #0286/01 0450942
ZNR UUUUU ZZH
R 140942Z FEB 07
FM AMEMBASSY HANOI
TO RUEHC/SECSTATE WASHDC 4614
INFO RUEHHM/AMCONSUL HO CHI MINH 2541
RUCNASE/ASEAN MEMBER COLLECTIVE

UNCLAS SECTION 01 OF 03 HANOI 000286 
 
SIPDIS 
 
SENSITIVE 
SIPDIS 
 
E.O. 12958: N/A 
TAGS: PREL PHUM PREF VM
SUBJECT: PRM A/S SAUERBREY DISCUSSES REFUGEES, RESETTLEMENT WITH MFA 
OFFICIALS 
 
HANOI 00000286  001.2 OF 003 
 
 
Summary 
------- 
 
¶1. (SBU) On February 5, Assistant Secretary of State for Population, 
Refugees and Migration Ellen Sauerbrey met with MFA Assistant 
Foreign Minister Pham Binh Minh and MFA Consular Department Deputy 
Director General Nguyen Minh Vu in separate meetings.  During the 
meeting with AFM Minh, A/S Sauerbrey said that greater GVN openness 
in allowing contact with returnees in the Central Highlands has 
helped to alleviate U.S. concern about their possible mistreatment, 
but noted the need for greater poverty alleviation efforts in the 
area.  AFM Minh explained GVN policy on determining citizenship for 
certain groups of stateless persons, addressed the issue of the 
treatment of DPRK refugees in Vietnam and asked for more cooperation 
on humanitarian resettlement.  Both MFA officials indicated support 
for in-country processing of refugee cases and asserted that 
returnees to the Central Highlands are not mistreated.  End 
summary. 
 
Returnees to Central Highlands Not Mistreated 
--------------------------------------------- 
 
¶2. (SBU) A/S Sauerbrey, accompanied by Ambassador Marine, began her 
meeting with AFM Minh by explaining that U.S. concerns about the 
possible mistreatment of ethnic minority returnees in the Central 
ighlands arose from the continuing reports circulaing in 
Washington and in the region.  Due to recnt greater openness on the 
part of the GVN, it ws helpful to be able to talk directly and 
privately with returnees in the rea and gather first-hand 
information.  These coversations have changed our view of the 
situation in part because the meetings took place in returnes' 
homes without any indication of GVN pressureinfluencing their 
remarks, the A/S said. 
 
¶3. (BU) During conversations with the returnees, some ndicated 
that they had gone to Cambodia because o poverty and a lack of 
opportunities in life, A/ Sauerbrey continued.  The returnees she 
met wer all young people, many of whom did not express a eason for 
fleeing to Cambodia other than simply ollowing along with others. 
The Assistant Secretay explained that refugee status is granted to 
vitims of persecution, but not to persons seeking beter economic 
opportunities. 
 
Poverty Alleviatin Needed to Improve the Returnees' Prospects 
--------------------------------------------- 
 
¶4. (SU) A/S Sauerbrey also noted that, while there appers to be a 
dramatic improvement in the treatmentof ethnic minorities in the 
Central Highlands, isues of poverty and lack of education and 
trainig need to be addressed.  Life prospects have not changed for 
the better since the returnees came hom.  She suggested that it 
would be constructive fr the United States and Vietnam to work 
togetherto address poverty in the area.  She also raised wth GVN 
officials the importance of allowing NGOs to work in the Central 
Highlands. 
 
¶5. (SBU) AFMMinh responded that, thanks to the Assistant 
Secetary's visit to the Central Highlands, she now ses the 
difference between information in Washingtn and the facts on the 
ground.  He encouraged meetings with additional returnees in order 
to obtai direct information and understand the situation. Refugees 
cross the border to Cambodia for economc reasons, not political, he 
asserted.  They thik they can cross the border and go to the United 
States.  The GVN does not want potential resettlemet cases crossing 
the border, but would rather coperate with the United States in 
such a way thatdoes not force people to leave the country to be 
processed for resettlement.  Minh also said that some people from 
the Central Highlands have applied for U.S. visas, but they were 
denied.  Ambassador Marine indicated that we have previously heard 
unfounded allegations of denied visas, and asked for names of 
specific instances that we can review. 
 
¶6. (SBU) Concerning legitimate individual cases of persecution, A/S 
Sauerbrey indicated the United States would continue to look to 
resettlement as a good solution.  The USG would like to provide 
in-country processing for such individual cases, rather than forcing 
people to cross into Cambodia for processing.  The AFM assured A/S 
Sauerbrey of GVN cooperation in allowing people to travel to Ho Chi 
Minh City for processing and swiftly issuing passports to approved 
applicants. 
 
¶7. (SBU) Concerning humanitarian resettlement, MFA Consular 
Department Expert Thai Trung Dzung said the program, now in its 
second phase, is benefiting from U.S. financial assistance, but 
lacks sufficient information sharing.  The GVN is willing to 
cooperate, but its Immigration Department needs a list of names of 
people who qualify for an interview in order to facilitate the 
process.  Also, tri-monthly working group meetings are not being 
held regularly.  The GVN will carry out two more periods of 
information outreach in early 2007 and early 2008. 
 
HANOI 00000286  002.2 OF 003 
 
 
 
Statelessness Being Addressed by GVN 
------------------------------------ 
 
¶8. (SBU) On the subject of Vietnam's stateless population, A/S 
Sauerbrey expressed interest in the GVN's plans to address the 
problems of the stateless Cambodians resident in Vietnam and the 
group of Vietnamese women who, having married and divorced Taiwanese 
and Chinese men, have indeterminate citizenship.  Dzung said in the 
divorce cases, Vietnamese law allows citizenship for the women and 
their children.  He added that cases involving nationality are 
decided by President Nguyen Minh Triet, so they cannot be resolved 
quickly. 
 
¶9. (SBU) Concerning the Cambodians in Vietnam, there is a 
naturalization process in place, but some technical problems are 
affecting its implementation.  The GVN needs confirmation from the 
Cambodian side that the individuals in question do not have 
Cambodian citizenship, but, according to Dzung, the Cambodian 
consulate in Ho Chi Minh City processes the cases very slowly.  The 
Cambodian authorities also have problems with archives because some 
of these refugees left during the 1970s.  The GVN is currently 
working with UNHCR to conduct a survey to determine how many 
stateless Cambodians remain in Vietnam. 
 
GVN Supports Status Quo on DPRK Refugees 
---------------------------------------- 
 
¶10. (SBU) A/S Sauerbrey also urged GVN cooperation in the 
resettlement of DPRK refugees located in Vietnam.  While the USG 
does not expect a major DPRK resettlement program, it would welcome 
GVN cooperation in the event such a person, present in Vietnam, 
would seek to resettle in the United States.  For its part, the USG 
would pursue a discreet and expedited process to determine the 
person's eligibility.  AFM Minh suggested that there are not many 
DPRK refugees present in Vietnam, so their resettlement is not a 
U.S.-Vietnam issue.  In some past cases, the DPRK refugees have 
sought refuge in foreign embassies, in which case the person was 
neither deported to the DPRK nor to China. 
 
Continue Progress on Religious Freedom 
-------------------------------------- 
 
¶11. (SBU) Religious freedom is an area in which the GVN has made 
strides, especially in being more open to allow people to congregate 
and practice freely their religion, A/S Sauerbrey said.  We hope for 
more such progress, for example, in facilitating approvals for 
congregations to acquire land for churches because homes can no 
longer accommodate growing congregations.  AFM Minh said the GVN's 
policy of religious freedom predated its former "Country of 
Particular Concern" designation, and there will be continued 
implementation of religious freedom in practice.  The GVN does 
facilitate land acquisition by congregations, but that it is a 
step-by-step process that takes time, he said. 
 
In-Country Processing of Ethnic Minority Refugee Cases 
--------------------------------------------- -- 
 
¶12. (SBU) Immediately following the meeting with Assistant Minister 
Minh, A/S Sauerbrey met with MFA Consular Department Deputy Director 
General Nguyen Minh Vu (sitting in for DG Bui Dinh Dzinh, who was 
called away on a family emergency).  A/S Sauerbrey returned to the 
issue of in-country processing of individual ethnic minority cases, 
the goal of which would be to mitigate against ethnic minorities 
from the Central Highlands crossing the border into Cambodia.  The 
USG anticipates processing a small number of cases on an individual 
basis, the A/S explained. 
 
¶13. (SBU) Deputy DG Vu noted that UNHCR had determined through its 
missions to the Central Highlands that ethnic minorities crossed 
into Cambodia because of rumors that they would be able to resettle 
in the United States or receive money from NGOs or the UN.  If there 
were some mechanism to permit individuals to go straight to the 
United States from Vietnam, then such border crossings could be 
prevented.  A/S Sauerbrey noted that it seems that there may be a 
misunderstanding about what happens when individuals are resettled 
to the United States, and that perhaps some kind of 
awareness-raising campaign may be useful.  For example, while the 
U.S. resettlement program seeks to take care of individuals, the 
expectation is that they will become self-sufficient with the 
assistance of voluntary organizations and skills training. 
 
¶14. (SBU) Vu underscored that the main issue is that people are 
crossing the border because they want to resettle in the United 
States.  During recent Vietnam-Cambodia-UNHCR technical talks on the 
Tripartite MOU, the GVN learned that there are 70 individuals whom 
UNHCR screened out, but that the U.S. embassy in Phnom Penh is still 
interested in resettling.  This has created a situation in which 
these people cannot return to Vietnam and must await the USG's 
decision.  The GVN's policy is that if an individual is not 
 
HANOI 00000286  003.2 OF 003 
 
 
classified by UNHCR as a refugee, then he or she should return to 
Vietnam.  Resettlement from Cambodia creates a magnet effect, Vu 
explained. 
 
¶15. (SBU) Under Lautenberg, USG and UNHCR standards are different, 
and this accounts for the difference in how these individuals were 
classified, A/S Sauerbrey noted.  Resettlement is not an immigration 
program.  It is meant for people fleeing oppression or persecution, 
and if individuals are found not to have a claim, the expectation is 
that they will return home.  On the mechanics of possible in-country 
processing, PRM Program Officer Kathleen Sheehan noted that the GVN 
and local authorities must allow candidates to apply for and receive 
a passport, as well as travel to ConGen HCMC.  Vu responded that, as 
the GVN has explained before, past problems with passports for 
Visas-93 applicants and others were due to their failure to apply at 
the immigration office.  A lack of proper birth and other 
documentation has been another factor that the GVN is trying to 
remediate.  Only a very small number of Vietnamese citizens, such as 
convicted criminals or those who have debt they must repay, cannot 
receive passports, he explained. 
 
Human Trafficking a Serious Problem 
----------------------------------- 
 
¶16. (SBU) Responding to the Assistant Secretary's question about 
IOM's USG-funded anti-TIP programs, Vu noted that the GVN now 
recognizes that the problem of trafficking women and children to 
China and Cambodia is serious.  To address this, the GVN developed 
its 2005-2010 anti-TIP National Action Plan, of which cooperation 
with IOM is an integral part.  IOM is doing good work in helping 
trafficking victims to return home, and the GVN welcomes this and 
other work the organization does.  The GVN is also working through 
the COMMIT process to combat TIP.  A/S Sauerbrey noted that, 
depending on the individual's age and circumstances, options to 
receive permanent U.S. residence are available to trafficking 
victims found in the United States.  This enables them to testify in 
trials against traffickers.  Vu observed that Vietnam does not yet 
have such a mechanism and in fact does not have a separate anti-TIP 
law, although it is working with foreign partners on this matter. 
 
¶17. (SBU) Returning to the Humanitarian Resettlement Program, 
Program Officer Sheehan pointed out that, although the program will 
stop accepting applications on June 25, 2008, the expat staff will 
need to remain to wrap up case processing.  The GVN representatives 
expressed awareness of this matter and will discuss it with the 
GVN's Immigration Department. 
 
¶18. (SBU) Wrapping up the meeting, MFA Consular Department Expert 
Dzung stressed that returnees to the Central Highlands are not 
punished.  "This is clear," he said.  The GVN is willing to work 
with the USG on resettling ethnic minorities straight from Vietnam 
to the United States to prevent them from crossing into Cambodia. 
If the USG resettles individuals from Cambodia, "this will create a 
pull factor," Dzung stressed.  The GVN hopes to speed up the process 
and not have individuals stay in camps in Cambodia for a long time, 
and a second USG look at screened-out ethnic minorities takes time. 
A/S Sauerbrey responded that, as long as openness in the Central 
Highlands continues and the international community remains 
confident that returnees are doing well, the USG could develop some 
kind of in-country processing that would act as a "safety valve." 
With this program, there would be no need to do a second screening 
in Cambodia.  Nevertheless, UNHCR's role in screening ethnic 
minorities would be undiminished because it will continue to 
resettle ethnic minorities in countries other than the United 
States, she said. 
 
¶19. (SBU) Assistant Secretary Sauerbrey has cleared this message. 
 
ALOISI