WRITTEN QUESTION P-1806/02

by Gianfranco Dell'Alba (NI) to the Commission

(19 June 2002)

Subject: Human rights violations in Cambodia

Ever since the beginning of 2002, the United Nations High Commissioner for Refugees (UNHCR) has constantly expressed deep concern regarding the way in which that the Vietnamese and Cambodian Governments had treated the Montagnard refugees who had fled to Cambodia the previous year, alleging serious violations of the 1951 Convention on refugees by both governments. The seriousness of those violations led UNHCR to withdraw from the tripartite agreement for the voluntary repatriation of the refugees concluded in February with the Vietnamese and Cambodian Governments.

It is only thanks to the effective involvement of the US Government, and after lengthy negotiations, that the 900 Montagnard refugees are now in the process of being resettled in the USA.

This solution has not diminished UNHCR concerns regarding the situation of the ethnic minorities in Vietnam's Central Highlands as well as that of the asylum-seekers. On 22 May 2002, UNHCR spokesman, Kris Janowski, expressed extreme concern based on various reports of forced repatriation from Cambodia to Vietnam of dozens of Montagnards. Furthermore, the Cambodian Prime Minister, Hun Sen, recently announced that, after the resettlement of the Montagnard refugees in the US, two UN refugee camps would be shut down and border patrols would turn back new asylum-seekers.

Given that respect for, and recognition by Cambodia and the European Union of, democratic principles and human rights, as enshrined in the Universal Declaration of Human Rights, form an essential element of the Cambodia-EC Cooperation Agreement signed in 1997 and that, over the next three years (2002-2004), EUR 68,7 million has been earmarked for Cambodia to finance activities in sectors identified in the 2000-2003 EC-Cambodia Strategy Paper:

- what will the Commission do to ensure that the right of the Montagnards to seek asylum in a state party to the Convention on Refugees, such as Cambodia, is fully respected and

- what specific steps will the Commission undertake to implement and fully enforce the human rights clause included in all bilateral and multilateral cooperation agreements signed with Cambodia and with other countries in the region?

Answer given by Mr Patten on behalf of the Commission

(5 July 2002)

The Commission's Delegation in Phnom Penh, together with the Diplomatic Missions of the Member States, has followed closely the situation of the Vietnamese Montagnards who sought refuge in Cambodia at the end of 2001 and has participated in diplomatic démarches of the Union to the Royal Government of Cambodia on a number of issues of concern.

At the present time, the United Nations High Commissioner for Refugees (UNHCR) supervised re-settlement of up to 908 Montagnards who have expressed a wish to go to the United States is ongoing. The original refugee camps have indeed been closed, and these persons are currently accommodated in appropriate transit facilities. The re-settlement process is expected to be completed by the end of July 2002. The Royal Government of Cambodia has confirmed that it will continue to honour its commitments assumed in the framework of International Covenants.

Concurrently with the developments in Cambodia, the Commission's Delegation in Hanoi, together with the Diplomatic Missions of the Member States, has followed closely the situation in the Central Highlands of Vietnam, the place of origin of the Montagnards, and has participated in appropriate diplomatic démarches of the Union to the Government of Vietnam. Most recently, a four member team from Member State missions was able (with the agreement of the Vietnamese authorities) to visit in the Central Highlands at the end of May.

The Country Strategy Paper and National Indicative Programme for Community-Cambodia Co-operation approved by the Commission on 15 May 2002 will focus Community assistance on rural development including food security, livestock and fisheries development, rural finance, water management, crop diversification, micro enterprises, vocational training and mine clearance and education and health. All of these actions will contribute directly to sustainable development and poverty reduction for the most vulnerable members of society. Cross-cutting themes in the co-operation programme include governance and democratisation, including specific support for the ongoing decentralisation process in the country. Assistance for trade development will also support the integration of Cambodia into the international economy and its regulatory systems.

The Commission's approach towards Cambodia in the field of human rights, as it is towards all countries in the region, is to encourage and support continued progress on human rights and democratisation, and to raise concerns where abuses occur, in the framework of the international human rights instruments. This approach was reiterated in the May 2001 Commission Communication on the Union's Role in promoting human rights and democratisation in third countries(1). The Commission, together with the diplomatic missions of the Member States, will continue to monitor human rights developments, including the situation of the Montagnards in both Vietnam and Cambodia, and to raise concerns whenever and wherever this is appropriate.

(1) COM(2001) 252 final.