WRITTEN QUESTION E-3033/02 by Marco Pannella (NI) to the Commission. Vietnam: nine-year prison sentence for a Montagnard who sought political asylum in Cambodia.
Date: 2002-10-23
Institutions: European Parliament, Provisional data
Subjects: Cambodia, Viet Nam, cooperation agreement (EU), ethnic group, political asylum, political refugee, the EU's international role

18.9.2003

EN

Official Journal of the European Union

C 222 E/39

Ultimately price reductions can happen in one of three ways: the operators can lower prices themselves,
the Commission can take action under the competition rules, or roaming can become subject to sector-
specific regulation in each Member State. Regulation of international roaming is available as a regulatory
remedy under Directive 2002/21/EC (2) (part of the new Community regulatory framework for electronic
communications), in the event that national regulators find there is a lack of effective competition in the
national market for international roaming services. However, at this stage it is not yet clear what measures
national regulatory authorities will take to ensure that consumers using their mobile phones abroad benefit
fully from a European-wide market.

(1) http://europa.eu.int/comm/competition/antitrust/others/sector_inquiries/roaming/working_document_on_initial_

results.pdf.

(2) Directive 2002/21/EC of the European Parliament and of the Council of 7 March 2002 on a common regulatory

framework for electronic communications networks (‘Framework Directive’) (cid:1) OJ L 108, 24.4.2002.

(2003/C 222 E/044)

WRITTEN QUESTION E-3033/02

by Marco Pannella (NI) to the Commission

(23 October 2002)

Subject: Vietnam: nine-year prison sentence for a Montagnard who sought political asylum in Cambodia

Official sources within the Vietnamese Government announced a few days ago that Rlan Loa, a 38-year-
old Vietnamese citizen belonging to the Jarai (Montagnard) ethnic minority has been sentenced to 9 years’
imprisonment for allegedly fleeing abroad in order to organise resistance against the government.

In December 2001, Rlan Loa sought political asylum in Cambodia. He was arrested by the Cambodian
police in January 2002 and handed over to the Vietnamese police without having been allowed to contact
the Office of the UN High Commissioner for Refugees in Cambodia, in clear breach of the UN Convention
of Refugees, which has been ratified by the Cambodian Government.

Rlan Loa is one of thousands of Montagnards who have sought and are still seeking refuge in Cambodia
from the repressive action (which includes the imposition of martial law) taken against the Montagnards
since the peaceful demonstrations held in February 2001. Following the granting of political refugee status
to approximately 1 000 Montagnards (almost all of whom were subsequently transferred to the United
States) by the UNHCR in Cambodia, the exodus is continuing while the Cambodian and Vietnamese
governments are continuing to violate international law on the protection of political refugees.

What action does the Commission intend to take vis-à-vis the Cambodian and Vietnamese authorities with
a view to securing the release of Rlan Loa and ensuring respect for the Convention on Refugees which
Cambodia has ratified?

Does it intend to enforce the provisions stipulating that respect for human rights and democratisation are
preconditions for the implementation of the cooperation agreements with Cambodia and Vietnam?

Answer given by Mr Patten on behalf of the Commission

(13 November 2002)

The Commission would refer the Honourable Member to its answers to his previous written questions,
P-2650/02 (1) and E-2845/02 (2).

C 222 E/40

Official Journal of the European Union

EN

18.9.2003

In relation to the particular events mentioned in the present question, it is confirmed that the State-run
Vietnamese Newspaper Cong An Nhan Dan (Peoples Police) has published a report on the sentencing of
Mr Rlan Loa, by a court in Gia Lai Province on 1 August 2002 following a ‘public-open trial’, to nine years
in prison to be followed by five years’ house arrest, for illegally leaving the country to fight against the
Government of Vietnam. The report described Mr Rlan Loa as a supporter of the establishment of an
independent state in the Central Highlands of Vietnam and alleged that he had been in contact with a non-
Vietnamese advocate of Central Highlanders’ rights.

It has not been possible to obtain any confirmation of the ‘arrest’ and deportation from Cambodia of
Mr Rlan Loa, or of any other action to prevent him from seeking ‘political refugee’ status. It is confirmed,
however, that the status granted to Vietnamese Montagnards in Cambodia by the United Nations High
Commissioner for Refugees (UNHCR) is that of ‘refugees’ and not that of ‘political refugees’.

The Commission, together with the diplomatic missions of the Union, will continue to follow closely the
developments concerning the situation of the Vietnamese Montagnards, both in Cambodia and in the
Central Provinces of Vietnam, and take appropriate action.

(1) OJ C 137 E, 12.6.2003, p. 102.
(2) OJ C 192 E, 14.8.2003, p. 81.

(2003/C 222 E/045)

WRITTEN QUESTION E-3036/02

by Dorette Corbey (PSE) to the Commission

(24 October 2002)

Subject: Nature conservation in Malta

On 31 March 1998 accession negotiations were started with six applicant countries (cid:1) Hungary, Poland,
Estonia, the Czech Republic, Slovenia and Cyprus. On 13 October 1999 the Commission recommended
Member States to open negotiations with Romania, the Slovak Republic, Latvia, Lithuania, Bulgaria and
Malta. Nature conservation legislation, such as the Wild Birds and Habitats Directives, is included in the list
of priority tasks. The EU has underlined from the very beginning of the negotiations that transitional
measures will not be granted on nature conservation.

Recently the Times of Malta (22 August 2002) reported that Malta had managed to reach agreement with
the Commission that would guarantee that the tradition of hunting and trapping of songbirds would
remain alive and sustainable.

Can the Commission confirm that no exemptions or transitional measures have been granted to the

1.
accession countries concerning the Wild Birds and Habitats Directives?

Can the Commission confirm that an agreement has been reached with Malta allowing hunting and

2.
trapping of songbirds after accession?

If exemptions or transitional measures have been granted how, when and by whom was this decided

3.
and how and when did the Commission inform the European Parliament about this agreement?

If they have, which provisions of the Wild Birds Directive are affected by the transitional measures

4.
concerned?

Can the Commission confirm that it will closely monitor the situation in the accession countries as

5.
regards the correct implementation and effective enforcement of the Wild Birds and Habitats Directives?