Cambodia must stop refoulement of Montagnard asylum seekers to Viet Nam

Amnesty International Joint statement, 24 September 2015

The principle of non-refoulement is a cornerstone of refugee and human rights law. Underrefugee law, it bars the return of anyone in any manner whatsoever to a place where theywould be at real risk of persecution or other serious human rights violations. Underinternational human rights law, it bars the transfer of persons to places where they wouldbe at risk of serious human rights violations, irrespective of the reasons for such violations.

Cambodia must stop refoulement of Montagnard asylum seekers to Viet Nam

We, the below signed civil society organizations are concerned about the possible

refoulement by the Cambodian government of more than 100 Montagnard asylum seekers

to Viet Nam and call on Cambodia not to take such action. Instead, Cambodia should

uphold its legal obligations under the Refugee Convention and international human rights

law and initiate Refugee Status Determination procedures for all individuals currently

seeking asylum in the county.

There are currently at least 100 Montagnards – a term used loosely to refer to members of

various minority groups in Viet Nam’s Central Highlands – seeking asylum in Cambodia.

Some Montagnards practice forms of Christianity banned by the Vietnamese government,

and those seeking asylum in Cambodia are claiming religious and other persecution. After

recognising 13 Montagnards as refugees in March 2015, the Cambodian authorities have

refused to register the asylum claims of at least 100 more.

On 12 September, General Khieu Sopheak, a spokesperson for the Ministry of Interior,

was quoted in The Cambodia Daily stating that the authorities had requested the UN

refugee agency, UNHCR, to resettle the 13 individuals whose refugee status has been

recognised to a third country and had sought assistance from UNHCR in repatriating the

remaining individuals to Viet Nam. According to Khieu Sopheak, if these individuals are

not repatriated by early November 2015, the Cambodian authorities will forcibly return

them.

As a party to the Refugee Convention, Cambodia is under a legal obligation to register all

individuals seeking asylum in the country and to evaluate their asylum claims through

prompt and effective Refugee Status Determination procedures. This would be a first step

towards giving content to the right to seek and to enjoy asylum in another country, as 

provided for by Article 14 of the Universal Declaration of Human Rights.

The principle of non-refoulement is a cornerstone of refugee and human rights law. Under

refugee law, it bars the return of anyone in any manner whatsoever to a place where they

would be at real risk of persecution or other serious human rights violations. Under

international human rights law, it bars the transfer of persons to places where they would

be at risk of serious human rights violations, irrespective of the reasons for such violations.

For instance, under Article 3 of the UN Convention against Torture, to which Cambodia is

a party, states may not return a person to another territory where there are substantial

grounds for believing the person would be subject to torture.

In February 2015, at least 45 Montagnards were forcibly returned by Cambodia to Viet

Nam in violation of the principle of non-refoulement, in a move that was roundly

condemned by human rights groups.1

In the intervening period, at least 12 Montagnards

have returned to Viet Nam with assistance from UNHCR after the Cambodian authorities

refused to register their asylum claims.2

Human Rights Watch recently documented religious persecution of Christian Montagnards

by the authorities of Viet Nam, including “arbitrary arrest, detention, torture, and other

cruel, inhuman, or degrading treatment”.

3 Vietnamese media reports establish that the

government maintains its determination to suppress what it deems “evil way” religious

practices.

The individuals currently seeking asylum in Cambodia face a high possibility of retaliation

by the Vietnamese authorities if they are forcibly returned by Cambodia to Viet Nam.

Cambodia’s request to UNHCR for assistance to resettle the 13 recognised refugees to a

third country indicates the country’s failure to understand their legal obligations to

recognised refugees under the Refugee Convention. Resettlement is a durable solution

that should be pursued if it is the best available option for refugees in a specific case. It

should not be used by states parties to circumvent their obligations under the Refugee

Convention. Until resettlement is possible or if it is not the best available solution in the

case of the 13, Cambodia must honour its obligations to these individuals by upholding

the panoply of rights owed to refugees as outlined in the Convention.

Cambodia’s treatment of Montagnard refugees and asylum seekers stands in stark contrast

to the efforts being made to accommodate four refugees previously sent to Cambodia from

Nauru Island under a $40 million AUD agreement with Australia, which itself violates the

Refugee Convention.4 On 14 September, two days after his comments outlining the plans

to illegally refoule the Montagnard asylum seekers to Viet Nam, General Khieu Sopheak

announced that officials from the Ministry of Interior were being sent to Nauru to interview

four more refugees – one Burmese and three Iranian nationals – whom he said have agreed

to relocate to Cambodia as part of the deal.

It is time for Cambodia to cease its flagrant abuse of the Refugee Convention and

international human rights law, including the Convention against Torture. We call on

Cambodia to immediately initiate Refugee Status Procedures for Montagnards seeking

asylum in the country and to fully uphold the rights of the 13 Montagnards already 

recognised as refugees. We also call on Viet Nam to cease the persecution of

Montagnards.

Amnesty International

Boat People SOS

Civil Rights Defenders

Coalition to Abolish Modern-day Slavery In Asia (CAMSA)

Christian Solidarity Worldwide

Human Rights Watch

International Commission of Jurists

International Federation for Huma Rights (FIDH)

People Serving People Foundation (PSPF)

Vietnam Committee on Human Rights

World Organisation Against Torture (OMCT)

1 See for example, Amnesty International, ‘Cambodia: End refoulement of Montagnard asylum seekers’, 4 March

2015, available at https://www.amnesty.org/en/documents/asa23/1126/2015/en/.

2 See, ‘UN Helps 12 Montagnards Return to Vietnam’, The Cambodia Daily, 17 July 2015, available at

https://www.cambodiadaily.com/news/un-helps-12-montagnards-return-to-vietnam-88695/.

3 Human Rights Watch, ‘Persecuting “Evil Way” Religion: Abuses against Montagnards in Vietnam’, 26 June

2015, available at https://www.hrw.org/report/2015/06/26/persecuting-evil-way-religion/abuses-againstmontagnards-vietnam.

4 See Amnesty International, ‘Cambodia: New deal with Australia signs away refugee rights’, 25 September

2014, available at https://www.amnesty.org/en/latest/news/2014/09/cambodia-new-deal-australia-signs-awayrefugee-rights/.