Pressure builds on Thailand not to deport Lao Hmong by New Year

Dec 25, 2009, 4:44 GMT

Bangkok - Thailand's Christmas present from the international community Friday was a barrage of appeals to cancel its plans to deport some 4,000 ethnic Hmong refugees to Laos before the New Year.

Thailand agreed with Laos to deport 4,200 Hmong living at Huai Nam Khao camp in Phetchabun province and another 158 recognized Hmong refugees detained in Nong Khai province by year-end 2009.

The two detention areas are under the control of the Thai army and have been off-limits to the United Nations High Commissioner for Refugees for the past two years.

The army searched the camp earlier this week and confiscated sharp objects and all mobile phones, sparking fears among Western governments and human rights groups that a mass deportation of the Hmong was imminent.

Prime Minister Abhisit Vejjajiva has confirmed that the Hmong are to be deported soon but has vowed the process would not violate their human rights, a claim that has been questioned since many of the Hmong fear a return to communist Laos.

'Under customary international law the Thai government has an obligation not to forcibly return persons to places where their life or freedom is at risk,' said Elaine Pearson, deputy director for Human Rights Watch, in a letter to the Thai prime minister.

Her concerns were echoed by UN Human Rights Commissioner Antonio Guterres.

'In accordance with international law, Thailand has the responsibility and international obligation to ensure that any return of recognized refugees or other persons in need of international protection to their country of origin is undertaken on a strictly voluntary basis,' he said in Geneva.

The Hmong, an ethnic minority group who lived in Laos' mountainous northern regions, were recruited as guerrilla fighters for the US military's 'secret war' against communist forces in the country during the Indochina War.

The US lost and the Hmong were left behind to be persecuted. Tens of thousands fled to Thailand and from there were resettled, primarily in the US.

A Hmong resistance movement against the Lao government, financed mostly by overseas Lao in the US, has largely died down but the remaining Hmong claim to be still victimized by the regime.

'We have had assurance from the Lao government that the Hmong returnees will not be persecuted, otherwise we would not be pursuing this course of action,' Thai Foreign Ministry deputy spokesman Thani Thongpakdi said.

He pointed out that there was no evidence that previous batches of thousands of Hmong returnees were persecuted on their return to Laos.

'Human Rights Watch is concerned that international standards have not been met regarding screening measures to determine whether the individuals in Huai Nam Khao have legitimate protection concerns should they return to Laos,' Pearson said.

The Thai military, which controls Huai Nam Khao camp and determines the Hmong's refugee status, was accused by Medecins Sans Frontieres (MSF), which previously provided food and medical supplies to the camp, of systematically intimidating the Hmong to return to Laos.

On May 20, the aid group announced its decision to end its assistance to the camp after failing to prevent the harassment.

The group called on the UN and the US and French governments to pressure Thailand and Laos to stop the forced repatriation and to allow an independent third party to assess the areas selected for the returnees and to determine whether the returns are voluntary.

On Thursday, the United States said it was 'deeply concerned' about Thailand's plans, saying such a move could jeopardize their safety.

Earlier this week the European Union passed a letter to the Thai government expressing the bloc's concern about the pending deportation.

The Hmong have been at Huai Nam Khao since 2004.

Before quitting the camp, MSF said it had recorded at least 108 cases of Huai Nam Khao residents who bear scars from bullet wounds and other signs of past torture, and has taken testimony from many residents who fear for their lives if they are forced to return to communist Laos.