VZCZCXRO7169
PP RUEHCHI RUEHDT RUEHHM
DE RUEHHI #0288/01 0451011
ZNR UUUUU ZZH
P 141011Z FEB 07
FM AMEMBASSY HANOI
TO RUEHC/SECSTATE WASHDC 4620
INFO RUEHGV/USMISSION GENEVA PRIORITY 1168
RUEHHM/AMCONSUL HO CHI MINH 2547
RUEHZS/ASSOCIATION OF SOUTHEAST ASIAN NATIONS COLLECTIVE

UNCLAS SECTION 01 OF 04 HANOI 000288 
 
SIPDIS 
 
SENSITIVE 
SIPDIS 
 
STATE FOR EAP/MLS AND PRM, BANGKOK FOR REFUGEE COORDINATOR, GENEVA 
FOR RMA 
 
E.O. 12958: N/A 
TAGS: PREL PHUM PREF KWMN SOCI VM CB
SUBJECT: PRM A/S SAUERBREY MEETS WITH INTERNATIONAL ORGANIZATIONS IN 
HANOI 
 
HANOI 00000288  001.2 OF 004 
 
 
Summary 
------- 
 
¶1. (SBU) On February 5, Assistant Secretary of State for Population, 
Refugees and Migration Ellen Sauerbrey met separately with 
representatives of UNHCR and the International Organization for 
Migration (IOM) in Hanoi.  In her UNHCR meeting, UNHCR officials 
discussed in familiar terms the organization's activities in the 
Central Highlands and its positive assessment of the situation 
facing returnees.  On the issue of a possible program to process 
returnees for resettlement from Vietnam, UNHCR Deputy Regional 
Representative Giuseppe de Vincentis opined that such a program 
might encourage ethnic minorities to cross into Cambodia in order to 
be deported back to Vietnam and have the opportunity to be resettled 
in the United States.  Any program would need very specific time or 
other criteria to prevent this.  PRM program officer Kathleen 
Sheehan noted that an alternative to such a program would be to make 
use of the Embassy in-country referral process for those individuals 
who need resettlement consideration after they return to Vietnam. 
De Vincentis also briefly discussed statelessness in Vietnam, as 
well as the situation facing the Vietnamese Hmong in Thailand, 
noting GVN trepidation about resettling the entire group to the 
United States. 
 
¶2. (SBU) IOM Chief of Mission Andrew Bruce assessed that GVN 
anti-trafficking plans and other social programs are good, but the 
ministries and agencies involved do not coordinate well and have 
been slow to implement them.  GVN capacity to deal with 
trafficking-in-persons remains limited, but it has the potential for 
broad outreach, and it generally welcomes international assistance 
to address social problems.  The Assistant Secretary also discussed 
with IOM the issues of education in Vietnam, population policy, 
prostitution and sex tourism.  End Summary. 
 
Returnees 
--------- 
 
¶3. (SBU) On February 5, PRM Assistant Secretary Ellen Sauerbrey met 
with UNHCR Deputy Regional Representative Giuseppe de Vincentis and 
UNHCR Vietnam Chief of Mission Vu Anh Son.  The UNHCR officials 
described for the A/S UNHCR's returnee monitoring activities, noting 
that UNHCR has seen 80 percent of the returnees at least once.  Most 
of their efforts have focused on Gia Lai Province, where most of the 
ethnic minority returnees reside.  UNHCR assesses that Montagnard 
Foundation head Kok Ksor's own Gia Lai provenance and ongoing 
connections to the province are behind Gia Lai's prominence in this 
area.  UNHCR believes that most ethnic minorities crossed into 
Cambodia not for religious or political reasons, but for other 
reasons, such as "seeking a better life," de Vincentis said. 
 
¶4. (SBU) Although UNHCR initially lacked access to the Central 
Highlands, "there has been major progress," de Vincentis continued. 
Whereas once a large official entourage traveled with the UNHCR 
representatives, now private meetings are possible.  There have been 
no complaints from returnees about being singled out for 
mistreatment, and a number of returnees have complained of 
"monitoring fatigue," in which the stream of monitoring missions has 
been disruptive and a distraction.  That said, an EU mission to the 
Central Highlands had found some indication of possible 
mistreatment, but UNHCR attempts to follow up have been fruitless 
because the individual in question has "disappeared," de Vincentis 
said. 
 
¶5. (SBU) In response to a question from PRM Program Officer Kathleen 
Sheehan, de Vincentis said that there is precedence for the GVN's 
informing UNHCR about returnee arrests.  To date, two returnees have 
been arrested (with one sentenced to jail and the other freed), and 
the GVN notified UNHCR about both cases, granting access to the 
individual who was convicted and jailed for human trafficking.  On a 
number of occasions, Human Rights Watch presented information on 
returnees who were reportedly mistreated or jailed, but UNHCR, in 
meeting directly with either the individuals concerned or their 
families, never substantiated any of these allegations, the UNHCR 
representative explained.  In response to A/S Sauerbrey's question 
about the problem of translation, particularly between English, 
Vietnamese and the ethnic minority language, de Vincentis explained 
that in every family, there are usually one or two individuals who 
can speak Vietnamese, ensuring that the correct message gets 
across. 
 
¶6. (SBU) On the subject of microprojects, de Vincentis said that 
progress in this area is another sign of Vietnamese openness. 
Although local authorities were initially reluctant to allow a 
foreign government-funded project in their district, now there are 
more project proposals than available funding.  As part of this, the 
EU has agreed to fund a kindergarten.  Describing her own visit to 
 
HANOI 00000288  002.2 OF 004 
 
 
the Central Highlands, A/S Sauerbrey noted that the village headman 
whom she met seemed very interested in learning about how his former 
village residents are faring in the United States and said that 
those who were resettled can provide valuable remittances and, in 
case they return, skills to their former places of residence. 
 
¶7. (SBU) De Vincentis explained that there is not "a generalized 
refugee producing situation" in the Central Highlands.  Instead, 
every individual has had a specific reason for crossing into 
Cambodia, although these reasons do not usually equate to a refugee 
claim.  Before UNHCR was able to conduct monitoring missions in the 
Central Highlands, the refugee recognition rate in Cambodia was 100 
percent.  Now, based on access to the region, information and a 
better understanding of the situation on the ground, the rate has 
fallen to around 15 percent.  For those who have been rejected, they 
have the ability to request an appeal.  In the end, those who do not 
appeal or fail their appeal either voluntarily return to Vietnam or 
are forcibly returned (to date, approximately half of the returnees 
were forcibly returned).  UNHCR monitors both types of returnees, 
and those who were forcibly returned tend to be more bitter, de 
Vincentis explained.  Nevertheless, UNHCR has detected no difference 
in how these two types of returnees have been treated since they 
came home. 
 
¶8. (SBU) In response to A/S Sauerbrey's question about the effect of 
a possible program in Vietnam to consider returnees for resettlement 
in the United States, de Vincentis opined that such a program "might 
encourage people to leave Vietnam just to get deported back in order 
to take advantage of the resettlement opportunity."  Such a program 
would need specific time or other criteria to mitigate against this 
happening.  Unless a specific group within a specific timeframe were 
targeted, it could be like "opening Pandora's box," de Vincentis 
suggested.  As an alternative, PRM program officer Sheehan 
recommended greater use of the Embassy in-country referral system. 
UNHCR confirmed that they would be happy to alert the U.S. Mission 
to cases that should be referred via this system. 
 
Statelessness 
------------- 
 
¶9. (SBU) Asked to discuss briefly the issue of statelessness in 
Vietnam, de Vincentis said that, in the 1970's, approximately 9,000 
Cambodians fled the Khmer Rouge and settled in southern Vietnam. 
Since 1994, there has been little international interest in this 
group and the GVN has made no effort to naturalize them.  As a 
result, they have no official status, making it difficult for them 
to own property or otherwise function in Vietnam.  To remedy this, 
UNHCR has recently restarted its discussions with the GVN on this 
matter.  The other group facing the problem of statelessness is made 
up of Vietnamese women who marry Chinese or Taiwanese men, give up 
their Vietnamese citizenship and, before they gain Chinese or 
Taiwanese citizenship, divorce their husbands and return to Vietnam. 
 UNHCR has also been working with the GVN and some in the 
international community to address this problem, de Vincentis 
explained.  A/S Sauerbrey indicated that PRM is very interested in 
the statelessness issue and is ready to work with all concerned 
parties to solve this problem. 
 
Vietnamese Hmong 
---------------- 
 
¶10. (SBU) De Vincentis described for A/S Sauerbrey the state of play 
of the Vietnamese Hmong currently in Thailand.  Although the RTG had 
initially sought to deport the 42 Hmong back to Vietnam, UNHCR 
worked with both the Thais and Vietnamese to prevent this and allow 
UNHCR to resettle them (and their families, totaling 68 people). 
The GVN had expressed concern about the entire group's resettlement 
in the United States, but reluctantly accepted UNHCR's explanation 
that, for expediency's sake, U.S. resettlement was the best course 
of action.  Nonetheless, GVN trepidation about the possible "pull 
factor" of this resettlement remains.  De Vincentis said that the 
GVN will allow UNHCR to conduct a mission to Lao Cai Province (in 
the northwest) to learn more about why and how this group left 
Vietnam. 
 
Implementation of Anti-trafficking and Refugee Programs 
----------------------------------------- 
 
¶11. (SBU) Also on February 5, A/S Sauerbrey met separately with 
Andrew Bruce, IOM Chief of Mission in Vietnam.  Responding to the 
Assistant Secretary's question about whether there are gaps in the 
GVN's anti-trafficking plans, Bruce stated that the "Action Plan is 
good," but the GVN's efforts to operationalize it is problematic. 
Another problem for the Plan's implementation is coordination with 
neighboring countries.  For example, the Ministry of Public Security 
(MPS) has responsibility for coordination on the Vietnamese side, 
 
HANOI 00000288  003.2 OF 004 
 
 
whereas the Cambodian Women's Union is responsible on its side of 
the border, which has led to a significant cultural clash, Bruce 
explained. 
 
¶12. (SBU) The Assistant Secretary asked if there are any regular 
coordination meetings for all actors in the GVN concerned with 
refugee and trafficking issues.  IOM staff replied that there have 
not been any to date; however, international NGOs and other 
organizations have been coordinating better in the last few years. 
Bruce noted that Vietnam's police culture -- in which it is not 
customary to work with other agencies -- makes coordination 
cumbersome.  Indeed, the Vietnamese police are used to controlling 
an issue rather than consulting on one.  However, the new senior 
colonel in charge of the trafficking issue for the police has shown 
promising signs that he may be willing consult more, Bruce noted. 
 
IOM's Position in Vietnam 
------------------------- 
 
¶13. (SBU) Responding to A/S Sauerbrey's question about whether IOM 
is a welcome presence in Vietnam, IOM staff stated that the GVN 
seems to really appreciate international help in the TIP fight. 
Over the last three years, even the MPS has become a good 
interlocutor on the issue.  The DCM noted that there is a clear GVN 
policy to bring together people and agencies to fight trafficking, 
but international actors need to continue to chip away at the 
Vietnamese police culture of resisting consultation with other 
Vietnamese and foreign actors. 
 
Education 
--------- 
 
¶14. (SBU) On the subject of education in Vietnam, IOM staff stated 
that Vietnamese primary schools are divided into two sections -- 
morning and afternoon -- and most children attend school until age 
11 to explain the children A/S Sauerbrey saw on the streets in the 
Central Highlands.  Only seven or eight percent of school-age 
children do not attend primary school, and most who do not attend 
are either disabled children or ethnic minority children from 
remote, impoverished regions.  However, fewer children attend 
secondary school in Vietnam because there are added fees for 
schoolbooks and other expenses that reduce parents' inclination to 
send their children to school.  Literacy remains over 90 percent 
because of compulsory education; however, those without secondary 
education are only functionally literate, the IOM staff added. 
 
¶15. (SBU) IOM COM Bruce noted that access to education is also an 
internal migration issue because internal migrants often have lower 
priority for social services compared to registered residents.  For 
example, there are an estimated 70,000 migrants living in Ho Chi 
Minh City (HCMC).  Fortunately, Bruce noted, HCMC is now the only 
place in Vietnam where - by local regulation -- education and social 
services are not dependent on residency. 
 
Social Issues and Population Policy 
----------------------------------- 
 
¶16. (SBU) The Assistant Secretary asked whether the GVN's two-child 
policy is coercive.  IOM staff stated that it is very hard for the 
GVN to get a handle on population policy.  Until recently, they did 
exhort citizens to limit families to two children; however, this 
policy was not coercive, although there were theoretical economic 
penalties for having more than two children.  Enforcement of the 
two-child policy is largely confined to visits by "government 
collaborators" to advise families with two children to resist the 
inclination to have more.  The collaborators (who are usually 
elderly local residents) encourage the couple to use contraception. 
Single parents or adolescents are not considered under this 
population program, IOM staff added. 
 
¶17. (SBU) IOM staff said that the GVN mostly relaxed the two-child 
policy three or four years ago, but, despite this, there are 
relatively few large families in the north because of the long 
history of population education.  There are many large families (up 
to eight children) in the south, however.  Official population 
growth rose to 2.3 percent from 2.11 percent in the last year, which 
has concerned some officials.  It is not known if this rise is the 
result of the GVN's relaxed policy or whether it is an artifact of a 
new statistical method, IOM staff said.  Lack of data is a major 
problem, Bruce added. 
 
GVN Laws against Prostitution 
----------------------------- 
 
¶18. (SBU) On the subject of legal action against prostitution, IOM 
Staff stated that prostitution falls under the GVN'S "social evils" 
 
HANOI 00000288  004.2 OF 004 
 
 
laws, which in theory make prostitutes (along with drug users) the 
victims of criminals and not criminals themselves.  However, this 
has led to the common perception of prostitutes as "social evils" in 
and of themselves, especially because of the GVN's extensive 
campaign to stigmatize social evils and because prostitution is "not 
valued culturally."  About three years ago the GVN also criminalized 
the legal status of pimps and brothel owners.  However, despite some 
occasional police raids of large brothels, there have been few 
prosecutions, as the laws only changed the way brothels operated. 
One reason is that prostitutes working at massage parlors and 
karaoke bars now quickly leave with their male clients and engage in 
sex away from their establishments.  There is little enforcement of 
the laws against sex clients because many "johns" are government 
officials and prominent businessmen, IOM staff said. 
 
¶19. (SBU) In theory, women who are arrested as prostitutes are sent 
for rehabilitation to the GVN's "05" centers for six months (or two 
years if HIV positive), IOM staff continued.  However, it is not 
clear how often this is enforced.  In HCMC and Hanoi, there are 
intermediate detention centers where a decision is made whether to 
detain women in the "05" centers.   Non-resident women are more 
likely to be incarcerated than locals.  There has not been a 
concerted effort to identify arrested prostitutes who have been 
trafficked internally, and most don't appear to have been 
trafficked, although there is anecdotal evidence that such 
trafficking exists, IOM added. 
 
Sex Tourism 
----------- 
 
¶20. (SBU) The Assistant Secretary asked if there have been any 
instances of AmCit sex tourism in Vietnam.  The DCM noted that there 
are several cases of pedophilia involving American citizens under 
investigation, but the numbers are low (although they may be rising 
since the RTG began cracking down on pedophiles).  Bruce noted that 
there is a significant problem with Japanese, Korean and Taiwanese 
sex tourism in Vietnam.  IOM staff noted, however, that Vietnam's 
requirement that all tourists staying in hotels register their 
passports may be a reason that pedophiles have stayed away from 
Vietnam, particularly since Laos and Cambodia have looser 
registration requirements.  Unfortunately, many short-stay hotels in 
Vietnam are geared towards prostitution and do not require 
registration.  It is only a matter of time before word gets out that 
pedophiles do not need to register to have sex with children, IOM 
staff lamented. 
 
Vietnamese Capacity 
------------------- 
 
¶21. (SBU) The Assistant Secretary noted that the Vietnam Women's 
Union of Quang Ninh Province gave her an impressive briefing on 
February 4 in Halong City, but asked if the Union is really able to 
replicate its anti-trafficking programs in other Vietnamese 
communities.  IOM staff responded that the GVN has not really 
addressed the issue of trafficking until recently, so the capacity 
of organizations like the Women's Union to enact programs remains 
low.  That said, the Women's Union is a national organization and 
therefore has a broad network and a broad potential for outreach. 
 
¶22. (SBU) Assistant Secretary Sauerbrey has cleared this message. 
 
ALOISI