The Montagnard Foundation urgently calls on the international community to stop the imminent process of forced repatriation of more than 100 Montagnard asylum seekers from Cambodia to Vietnam.

The office of the United Nations High Commissioner for Refugees in Cambodia has not granted refugee status to over 100 Montagnards who have fled to Cambodia for fear of the well documented repression carried by the Vietnamese Government towards the Montagnard people after the 2001 and 2004 demonstrations. The failure of Montagnards to gain the status of refugee often depends on the lack of information on their rights provided to them by UNHCR.

Considering the behavior of the Vietnamese Government towards Montagnards who have fled to Cambodia after their return to Vietnam , which has included intimidation, detention, torture and beatings, their current threat of forced repatriation, is contrary to the international obligations that bind Cambodia to the respect of the 1951 Refugee Convention.

Moreover, the UNHCR is also acting contrary to its practice, having signed a Memorandum of Understanding with the Governments of Cambodia and Vietnam last January, which does not provide the possibility of independent and effective monitoring of the human rights situation of the Montagnard people in the Central Highlands of Vietnam .

The current risk of forced repatriations is a direct consequence of such an ill-conceived Memorandum of Understanding.
 

THEREFORE THE MONTAGNARD RECOMMENDS:

• That all international institutions, donors and foreign embassies of democratic governments in Cambodia strongly insist that the Cambodian Government fully respect its international obligations towards the Montagnard asylum seekers;
   
• That the forced repatriation of refugees or asylum seekers to Vietnam where disrespect of basic human rights of the Montagnard people is constantly violated and where no international and independent monitoring of the situation is possible, - is unacceptable and will only result in the collaboration of Vietnamese officials who are responsible for repressing the Montagnard people;
   
• That the Office of the High Commissioner for Refugees in Cambodia operates in a transparent way, respecting its own obligations, and co-operates with other international agencies and entities in Cambodia, which can assist it, and in particular with the Office of the High Commissioner for Human Rights that has raised its concern for the Montagnard refugees numerous times over the last year.
   
• That the Montagnard asylum seekers who have expressed the desire to be relocated in a third country should be allowed to do so.
   
• That the Montagnard asylum seekers who have not expressed such desire to be relocated should not be repatriated until an effective and independent monitoring system of human rights is established in the Central Highlands of Vietnam .
   

FINALLY THE MONTAGNARD FOUNDATION CALLS ON:

• The US Government to act vigorously and without hesitation to implement the respect of human, civil, political, and indigenous rights of the Montagnard people following the summit between President Bush and Prime Minister Phan Van Khai, and request the opening of the Central Highlands of Vietnam to international monitors. If Vietnam continues to be allowed to repress the Montagnard people like it has over the last 30 years, and without any concrete action to protect human rights the political and economic gains that Vietnam has been increasingly granted by the US Government - will be gained at the expenses of the Montagnard and Vietnamese people;
   
• The new UN High Commissioner for Refugees Mr. António Guterres, to urgently and completely review the overall situation of Montagnard refugees in Cambodia, starting with the January 2005 Memorandum of Understanding, asking the complete co-operation of the Cambodian Government for the respect of the 1951 Refugees Convention, and urge the Government of Vietnam to allow an unfettered and effective presence of its office in the Central highlands of Vietnam, together with other international and foreign agencies and NGOs; at the same time the High Commissioner should carefully review the way the UNHCR office in Vietnam operates, considering that it's reports on the situation in the Central Highlands of Vietnam do not match the level of persecution repeatedly documented by many other reliable and independent sources.
   
• The European Commission to implement its co-operation agreements with Cambodia and Vietnam that link the disbursement of economic aid to the respect of human rights, and to follow up to the resolutions approved by the European Parliament on the lack of respect of human rights in Vietnam, and put pressure the Vietnamese Government to open the Central Highlands of Vietnam to international monitors.
   

Unless Urgent Action is taken many more Montagnard Degar People will suffer and die.