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Indochinese refugees : comprehensive plan of action : joint hearing before the Subcommittees on Asia and the Pacific and International Operations and Human Rights of the Committee on International Relations, House of Representatives, One Hundred Fourth Congress, first session, July 25, 1995

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242 pages
INDOCHINESE REFUGEES: COMPREHENSIVE PUN OF ACTION 2/4IN8/16;IN4.Y Conprel"«*"'«-Refuse"-I, "^* -..,» U.S. GOVERNMENT PRINTING OFFICE "^B^ 26-698 CC WASHINGTON : 1996 For sale by the U.S. Government Printing Office Supenntendent of Documents, Congressional Sales Office. Washington. DC 20402 0-16-053452-6ISBN COMMITTEE ON ESTTERNATIONAL RELATIONS BENJAMIN A GILMAN, New York, Chairman WILLIAM F. GOODLING, Pennsylvania LEE H. HAMILTON, Indiana JAMES A. LEACH, Iowa SAM GEJDENSON, Connecticut WisconsinTOBY ROTH, TOM LANTOS, California NewHENRY J. HYDE, Illinois ROBERT G. TORRICELLI, Jersey HOWARDDOUG BEREUTER, Nebraska L. BERMAN, California NewCHRISTOPHER H. SMITH, New Jersey GARY L. ACKERMAN, York HARRY JOHNSTON, FloridaDAN BURTON, Indiana JAN MEYERS, Kansas ELIOT L. ENGEL, New York ELTON GALLEGLY, California ENI F.H. FALEOMAVAEGA, American ILEANA ROS-LEHTINEN, Florida Samoa CASS BALLENGER, North Carolina MATTHEW G. MARTINEZ. California DANA ROHRABACHER, California DONALD M. PAYNE, New Jersey DONALD A. MANZULLO, Illinois ROBERT E. ANDREWS, New Jersey EDWARD R. ROYCE, California ROBERT MENENDEZ, New PETER T. KING, New York SHERROD BROWN, Ohio JAY KIM, California CYNTHIA A. MCKINNEY, Georgia SAM BROWNBACK, Kansas ALCEE L. HASTINGS, Florida DAVID FUNDERBURK, North Carolina ALBERT RUSSELL WYNN, Maryland STEVEN J. CHABOT, Ohio MICHAEL R. McNULTY, New York MARSHALL "MARK" SANFORD, South JAMES P. MORAN, Virginia Carolina VICTOR O. FRAZER, Virgin Islands (Ind.
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INDOCHINESE REFUGEES:
COMPREHENSIVE PUN OF ACTION
2/4IN8/16;IN4.Y
Conprel"«*"'«-Refuse"-I,<ochine«
JOINT HEARING
BEFORE THE
SUBCOMMITTEES ON
ASIAAND THE PACIFIC
AND
INTERNATIONAL OPERATIONS AND HUMAN RIGHTS
OF THE
COMMITTEE ON
INTERNATIONAL RELATIONS
HOUSE OF REPRESENTATIVES
ONE HUNDRED FOURTH CONGRESS
FIRST SESSION
JULY 25, 1995
Printed for the use of the Committee on International Relations? »«». ^ ^
Oct 1
* 1938
U.S. GOVERNMENT PRINTING OFFICE
26-698 CC WASHINGTON : 1996
For sale by the U.S. Government Printing Office
Superintendent of Documents. Congressional Sales Office, Washington. DC 20402
ISBN 0-16-053452-6.
INDOCHINESE REFUGEES:^ \
COMPREHENSIVE PLAN OF ACTION
2/4IN8/16:IN4.
.Conjrelieiisive.
Refugees:dochint"
JOINT HEARING
BEFORE THE
SUBCOMMITTEES ON
ASIAAND THE PACIFIC
AND
INTERNATIONAL OPERATIONS AND HUMAN RIGHTS
OF THE
COMMITTEE ON
INTERNATIONAL RELATIONS
HOUSE OP REPRESENTATIVES
ONE HUNDRED FOURTH CONGRESS
FIRST SESSION
JULY 25, 1995
Printed for the use of the Committee on International RelatiodSs^;*
OCT
1
*
133S
.Dl*r>
"^* -..,»
U.S. GOVERNMENT PRINTING OFFICE
"^B^
26-698 CC WASHINGTON
: 1996
For sale by the U.S. Government Printing Office
Supenntendent of Documents, Congressional Sales Office. Washington. DC 20402
0-16-053452-6ISBNCOMMITTEE ON ESTTERNATIONAL RELATIONS
BENJAMIN A GILMAN, New York, Chairman
WILLIAM F. GOODLING, Pennsylvania LEE H. HAMILTON, Indiana
JAMES A. LEACH, Iowa SAM GEJDENSON, Connecticut
WisconsinTOBY ROTH, TOM LANTOS, California
NewHENRY J. HYDE, Illinois ROBERT G. TORRICELLI, Jersey
HOWARDDOUG BEREUTER, Nebraska L. BERMAN, California
NewCHRISTOPHER H. SMITH, New Jersey GARY L. ACKERMAN, York
HARRY JOHNSTON, FloridaDAN BURTON, Indiana
JAN MEYERS, Kansas ELIOT L. ENGEL, New York
ELTON GALLEGLY, California ENI F.H. FALEOMAVAEGA, American
ILEANA ROS-LEHTINEN, Florida Samoa
CASS BALLENGER, North Carolina MATTHEW G. MARTINEZ. California
DANA ROHRABACHER, California DONALD M. PAYNE, New Jersey
DONALD A. MANZULLO, Illinois ROBERT E. ANDREWS, New Jersey
EDWARD R. ROYCE, California ROBERT MENENDEZ, New
PETER T. KING, New York SHERROD BROWN, Ohio
JAY KIM, California CYNTHIA A. MCKINNEY, Georgia
SAM BROWNBACK, Kansas ALCEE L. HASTINGS, Florida
DAVID FUNDERBURK, North Carolina ALBERT RUSSELL WYNN, Maryland
STEVEN J. CHABOT, Ohio MICHAEL R. McNULTY, New York
MARSHALL "MARK" SANFORD, South JAMES P. MORAN, Virginia
Carolina VICTOR O. FRAZER, Virgin Islands (Ind.)
MATT SALMON, Arizona
AMO HOUGHTON, New York
Richard J. Gabon, Chief of Staff
Michael H. Van Dusen, Democratic Chief of Staff
(II)Subcommittee on Asia and the Pacific
DOUG BEREUTER, Nebraska, Chairman
HOWARD L. HERMAN, CaliforniaEDWARD R. ROYCE, California
FALEOMAVAEGA, AmericanROHRABACHER, ENI F.H.DANA
SamoaJAMES A. LEACH, Iowa
SHERROD BROWN, OhioJAY KIM, California
ROBERT E. ANDREWS, New JerseyMARSHALL "MARK" SANFORD, South
SAM GEJDENSON, ConnecticutCarolina
GARY L. ACKERMAN, New YorkDAN BURTON, Indiana
IllinoisDONALD A. MANZULLO,
P. EnnIS, Subcommittee Staff DirectorMichael
Kessler, Democratic Professional StaffMemberRichard
Martc, Professional StaffMemberDan
Jon J. Peterson, Staff Associate
International Operations and Human RightsSubcommittee on
CHRISTOPHER H. SMITH, New Jersey, Chairman
OILMAN, New York TOM LANTOS, CaliforniaBENJAMIN A.
GOODLING, Pennsylvania CYNTHIA A. McKINNEY, GeorgiaWILLIAM F.
VirginiaHENRY J. HYDE, Ilhnois JAMES P. MORAN,
CaliforniaNew York HOWARD L. BERMAN,PETER T. KING,
AmericanDAVID FUNDERBURK, North Carolina ENI F.H. FALEOMAVAEGA,
SALMON, Arizona Samoamatt
ROYCE, California DONALD M. PAYNE. New JerseyEDWARD R
CounselGROVER Joseph Rees, Subcommittee Staff Director and Chief
MemberRobert R. King, Democratic Professional Staff
MemberDavid M. Wagner, Staff
AssociateTatyANA SchuM, Staff
(III)—
CONTENTS
WITNESSES
Page
The Honorable Phyllis E. Oakley, Assistant Secretary of State for Population,
Migration, Department of StateRefugees, and U.S. 2
Mr. Daniel Wolf, Attorney, Hughes, Hubbard, & Reed 26
Ms. Pam Baker, Hong Kong 29
Mr. R. Kyle Horst, Chief Operating Oflicer, World Vision International
Vietnam 33
Dr. Nguyen Dinh Thang, Executive Director, Boat People SOS 37
Mr. Claude Pepin, Vice President, World Learning 42
Mr. Shep Lowman, Director—International Refugee Affairs, U.S. Catholic
Conference Migration and Refugee Services 45
APPENDDC
Prepared statements and biographical sketches:
The Honorable Doug Bereuter, a Representative in Confess from the
State of Nebraska and Chairman, Subcommittee on Asia and the Pa-
cific 67
The Honorable Tom Lantos, a Representative in Congress from the State
of California and Ranking Democrat, Subcommittee on International
Operations and Human Rights 69
The Honorable Thomas M. Davis, a Representative in Congress from
the State of Virginia 73
The Steve Gunderson, a in Congress from the
State of Wisconsin 75
The Honorable Phyllis E. Oakley 80
Mr. Daniel Wolf 88
Ms. Pam Baker 100
Mr. R. Kyle Horst 106
Dr. Nguyen Dinh Thang 116
Mr. Claude Pepin 121
Mr. Shep Lowman 129
Additional material submitted for the record:
Letter and material submitted to the Honorable Dana Rohrabacher from
Mr. Son Dinh Do (submitted for the record by Hon. Dana Rohrabacher) 138
"A Human End to the Indochinese Refugee Program"—A proposal by
non-government organizations (submitted for the record by Mr. Daniel
Woin 141
"Principles on Indochinesethe CPA and Asylum Seekers"—A document
by InterAction, American Council Voluntarythe for International Ac-
tion (submitted for the record by Mr. Claude Pepin) 152
Statement submitted for the record in lieu of appearance by Mr. Lionel
A. Rosenblatt, President, Refugees International 154
Statements of Mr. Tou Ger Vang and Mr. Kue Xiong and findings of
a delegation to Thailand (submitted for the record Hon. Steve Gun-by
derson) 157
Statement and additional submitted U.N.material for the record by the
High Commissioner for Refugees 172 submitted for the record in lieu of appearance by Mr. Le
Xuan Khoa, President, Southeast Asia Resource Action Center 217
Charts supplied by The Hon. Phyllis E. Oakley with statistics on Viet-
namese asylum seekers 223
(V)REFUGEES:INDOCHINESE
PLAN ACTIONCOMPREHENSIVE OF
TUESDAY, JULY 199525,
House of Representatives,
Committee on International Relations,
Subcommittee on Asia and the Pacific, and
Subcommittee on International Operations and Human
Rights,
Washington, DC.
The subcommittees met, pursuant to call, at 2 p.m., room 334,
Cannon House Office Building, Hon. Christopher H. Smith [chair-
man of the subcommittee on International Operations and Human
Rights] presiding.
like joinMr. Smith. The hearing will come to order. I would to
who is regrettably in the chair of the House rightmy colleague
Doug Bereuter, who is the chairman of the Asianow. Congressman
here, who will joinand Pacific Subcommittee, who could not be but
he can of the chair. He is presiding over theus as soon as get out
bill is on the floor, he will join us, I am told, as soon asthat but
he can get over here.
Ladies and gentlemen, almost 2 months ago, the House voted
156 for dramatic reforms in the so-called Comprehensive266 to
Although it is some-Plan of Action for Southeast Asian Refugees.
what unusual for the House to hold public hearings on a subject
which has recently legislated, it is important that we bringon it so
opponents of that legislation, representa-together supporters and
Administration and independent experts, in an efforttives of the
on process which we can end the saga ofto seek consensus a by
Hmong refugees with honorthe Vietnamese boat people and the
and decency.
PacificThis joint hearing of the Subcommittee on Asia and the
and the Subcommittee on International Operations and Human
Rights will provide a useful overview of the problems with the CPA
and perhaps some possible solutions.
On Thursday morning, the Subcommittee on International Oper-
ations and Human Rights will take an additional, deeper look at
some of these problems and the solutions, hopefully. We will hear
from panel of experts on the history of the implementation of thea
Hmong-Ameri-CPA, from a panel of Vietnamese-Americans and
cans who have been victimized by its defects, and then from a final
panel on the feasibility of various plans for rescreening.
author of the CPA re-I should make clear at the outset as the
reforms areforms enacted by the House, that supporters of these
the CPA. On thenot wedded to any particular formula for fixing
(1)one hand, we remain firm in our belief that the CPA screening
process was hopelessly inadequate. We are by no means confident
that wrongly screened-out refugees will be safe upon their return
to Vietnam or Laos.
Our skepticism about the CPA has been exacerbated its ad-by
mirers' attacks on Congress' attempt to protect these people, at-
tacks which have often been cast in the most intemperate and per-
sonal terms.
Yet, we are determined—I am determined—not to let that or
pride of authorship or anything get in the way of a solution that
will save these people. There is only one fundamental principle on
which we cannot compromise: the number of genuine political and
religious refugees who are forcibly repatriated because of a defec-
tive screening process must be zero. This principal commands at
least nominal agreement from virtually everyone. The difficulties
begin when we try to reach agreement on key terms.
I hope, therefore, that the witnesses todav will address two fun-
areas of disagreement. First, now were the prob-damental just bad
lems with the CPA screening? Were just a few genuine refugees in-
advertently screened out, or was the process defective enough so
that the number is more likely to be in the hundreds or even thou-
sands?
Second, how safe would it be for someone who was a genuine po-
litical or religious refugee, but who was erroneously screened out
return Vietnam or Laos? We hear from the UNHCR that theyto to
in Vietnam and Laos and that neither of these, norhave monitors
in these coun-the non-governmental organizations that are present
tries, have found any persecution of returned asylum seekers.
IWe will hear today the testimony of one of these monitors.
would like to ask this witness and all the other witnesses, is a re-
turned refugee safe only when he or she keeps a low profile, or are
these returnees free to practice Catholicism or Buddhism according
to their own consciences, to express their political views and to ex-
ercise other internationally recognized human rights?
I look forward to hearing from our witnesses, and I would first
like to introduce our first witness representing the Administration,
Assistant Secretary of State for Population, Refugees and Migra-
tion, Phyllis Oakley. Mrs. Oakley, a 20-year career Foreign Service
officer, has led the Department's Refugee Bureau since September
1993. A native of Omaha, Nebraska, Mrs. Oakley is a Phi Beta
Kappa from Northwestern University and holds Master's Degreea
Fletcher School offrom the Law and Diplomacy.
Madame Secretary, welcome to the subcommittees and I look for-
ward to your testimony.
STATEMENT OF HON. PHYLLIS E. OAKLEY, ASSISTANT SEC-
RETARY OF STATE FOR POPULATION, REFUGEES AND MI-
GRATION, U.S. DEPARTMENT OF STATE
very much. Before I begin, may I intro-Mrs. Oakijoy. Thank you
who is sitting with me here. His technical ex-duce Mr. Allan Jury,
Bangkok as well as Geneva, I think, perhaps,pertise coming from
questioning, might be useful.during the
all, Mr. Smith, I welcome this opportunityLet me say first of to
discuss the Comprehensive Plan ofbe here this aflernoon to Action