The Cambodian Human Rights Action Committee (CHRAC), a coalition of 17 local NGOs, condemns the recent deportation of eleven Montagnard asylum seekers by the Cambodian government to Vietnam, where they are likely to face torture,imprisonment and persecution.

CHRAC urges the Cambodian government to end its policy of forcibly returning asylum seekers. Instead, the government should allow asylum claims to be determined in a transparent and fair manner.

CHRAC agrees with the statement of His Majesty, the King of Cambodia, who called on the Cambodian government in September to stop the forced deportation of Montagnard asylum seekers and to honor its commitments under the 1951Refugee Convention. "We must not betray the letter and the spirit of our constitution and the UN conventions we have signed," His Majesty said. "It is for us a question of honesty, honor and morality, including Buddhist morality."

CHRAC also supports the statement on December 5 by Mr. Peter Leuprecht, UN Special Representative to the Secretary-General for Human Rights in Cambodia, in which he raised concerns about the recent deportations, particularly because Montagnards in Vietnam have a "justified fear of persecution."

In late July, 2003, a group of 61 Montagnards crossed from Vietnam into Cambodia, where they hid in the forests near the border of Ratanakiri and Mondolkiri for several months. Eight members of the group were able to make it to the offices of the UN High Commissioner for Refugees (UHNCR). At least seven other members of the group were arrested and deported to Vietnam in August. It has now been confirmed that eleven Montagnards from this group were deported to Vietnam in November. The whereabouts of 34 members of the group is unknown,although it is thought they have also been returned to Vietnam as well.

The Montagnards are ethnic Jarai Christians who fled from their villages in Gia Lai province in Vietnam. Montagnards currently face beatings and imprisonment of up to 13 years for practicing their Christian beliefs, Participation in land rights demonstrations or attempting to seek asylum in Cambodia. In many areas of the Central Highlands, Vietnamese authorities now ban any gatherings of groups of more than three people, and require written permission for people to leave their villages. Church services are banned,and Christian leaders regularly ordered to police stations for detention and interrogation.

This group of Montagnards that fled to Cambodia in July had been hiding in the forests in bamboo shelters for more than four months during the height of the rainy season. Many contracted malaria. All lacked medication and sufficient food. Most of the asylum seekers were unable to seek protection from the UNHCR, because UNHCR closed its border camps in April 2002 due to security concerns for UNHCR staff and the refugees. At the same time the Cambodian Government announced that any new Montagnard asylum seekers would be considered Illegal migrants and summarily deported without being given an opportunity to claim asylum. Hundreds of asylum seekers have been returned during 2002 and 2003.

"The persecution the Montagnards face in Vietnam is well documented. The Cambodian government must end its policy of returning them to Vietnam," said Dr Kek Galabru, president of LICADHO and chairperson of CHRAC. " The Cambodian government is in clear breach of its obligations under the Refugee Convention not toreturn asylum seekers to a place where they have a justified fear of persecution."

UNHCR and the Cambodian government agreed at a September 8 meeting to transfer asylum claim determinationsto a new internal government body. However the UN Special Representative to the Secretary-General for Human Rights in Cambodia, Peter Leuprecht has expressed his "skepticism with regard to the idea of handing over the asylum process to the Cambodian authorities".

CHRAC shares these concerns given that the Cambodian government has actively breached its obligations under the Refugee Convention by deporting Montagnards.

For more information, please contact:
▪ Dr. Kek Galabru, President of LICADHO at 012 940 645 Mr. Thun Saray, President of ADHOC at 016 880 509 Mr. Sok Sam Ouen, Executive Director of CDP at 012 901 199

PDF: Download full statement