Since the end of the Indochina conflict in 1975, Thailand has been a generous host to hundreds of thousands of refugees fleeing conflict and political persecution in the region. Many of these people endured terrible hardships and literally fled for their lives. These people, and the international community, will be forever grateful that Thailand was there in their time of need.
Shattered hopes: Young Hmong refugees play chess at Huay Nam Khao settlement in this June 11, 2007 picture. On Dec 28, 2009 the refugees, who wanted to be resettled in the US, were deported back to Laos.
Thailand was not left to shoulder this burden alone, however, as international agencies stepped in to construct housing, provide medical services and distribute food. Moreover, almost half a million men, women and children who entered Thailand seeking temporary refuge status have been ultimately resettled in the United States and other countries. Most recently, in 2004-2005, the US resettled 14,000 Laotian Hmong who had been sheltered in a temple at Wat Tham Krabok.
Since that programme, we agreed with the Royal Thai Government to begin large-scale resettlement for the ethnic minority Burmese refugees resident in the nine established camps along the border. Over 50,000 people have left Thailand for new lives in the US since 2005.
It is against this background of historical generosity and cooperation that the US was disappointed at the Thai decision to deport 4,689 Laotian Hmong asylum seekers back to Laos on Dec 28, 2009, despite clear indications that some in the group required protection. The asylum seekers were divided into two groups: 4,531 detained in an army-run camp in Huay Nam Khao, Phetchabun province, and 158 people in an Immigration Detention Centre (IDC) in Nong Khai province who were recognised by the United Nations High Commissioner for Refugees (UNHCR) as Persons of Concern.
We consulted for many months with our Thai civilian and military partners regarding the best way to identify people who needed protection among the Phetchabun group. We agreed with our Thai friends not to begin a resettlement programme for the entire group, as was done in Wat Tham Krabok, due to the Thai concern that it would act as a magnet for more arrivals from Laos.
However, we remained concerned that some in the camp had legitimate protection concerns and should not be forced to return. We encouraged participation by UNHCR, the organisation with the international mandate for making such determinations, and informed the Royal Thai Government that we would consider for resettlement in the US any cases referred to us.
However, the Royal Thai Government denied the UNHCR access to the camp's population. Instead, in January 2008, the Royal Thai Government assured us that it had conducted its own screening process, during which about 800 people were identified as having protection concerns and should not be returned to Laos involuntarily.
Despite repeated requests, that list of 800 people was never provided to the UNHCR or to any potential resettlement country.
On Dec 28, 2009 this "screened in" group was returned to Laos, along with others that the Royal Thai Government had determined were economic migrants without protection concerns.
The lack of transparency during the repatriation process made it impossible to determine if the return was voluntary. At no point were those in need of protection identified to the UN, the United States, or any other resettlement country, even though the US and other resettlement countries were fully prepared to consider for resettlement appropriate cases in need of third-country resettlement.
The group detained in the Nong Khai immigration detention centre for over three years - which included 87 children - had been screened by UNHCR prior to their imprisonment and determined to have refugee status.
Under international law, UNHCR-recognised refugees should not be forcibly returned to their country of origin.
In 2007, UNHCR referred the 158 people to the US (and several other countries) for resettlement. We requested access numerous times to the refugees to begin the resettlement process. However, until the actual day of deportation, that access was denied. By then, it was too late: within several hours of our initial interviews, and with several steps still remaining in the resettlement process, the entire group had been returned to Laos.
All the refugees we interviewed in Nong Khai told us on Dec 28 that they did not wish to return to Laos, clearly indicating that the return was involuntary.
The US Refugee Admissions Programme was available to consider referrals of individuals from this community who were deemed to merit refugee status, as it does elsewhere in the world. This message was clearly articulated repeatedly by US officials, including by US Assistant Secretary of State Eric P Schwartz in December 2009, following on the same offer made many times earlier by other US officials.
As noted above, both the UNHCR and the Royal Thai Government had, indeed, determined that many among this population were in need of protection. And the United States, along with many other countries, stood ready to provide third-country resettlement as an option, but this course was not allowed.
We understand that hosting vulnerable populations can be a burden. That is why the US continues to help. In Phetchabun, we funded all the food, water, sanitation services and medical care needed for over three years.
In Nong Khai, we supported the construction of a temporary shelter on the IDC grounds to relieve the overcrowding in the two cells, and to have adequate space for the provision of medical care and educational activities for the many children.
Despite the regrettable events of Dec 28, I believe that Thailand can return to its historical tradition of providing protection and assistance to vulnerable populations. Doing so should not be considered an unfriendly act by neighbouring countries, but rather adherence to widely respected international principles and norms.
As we have done in the past, the US is committed to assisting Thailand in this continuing effort.
Eric G John is the US Ambassador to Thailand.
Relate Search: Shattered hopes, Young Hmong, Royal Thai Government, Immigration Detention Centre, United Nations High Commissioner for Refugees
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