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### Viewing cable 03HOCHIMINHCITY1021, POLICE DISRUPT CONSULAR VISIT TO CENTRAL HIGHLANDS

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Reference ID | Created | Released | Classification | Origin
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03HOCHIMINHCITY1021 | 2003-10-22 01:00 | 2011-08-25 00:00 | UNCLASSIFIED//FOR OFFICIAL USE ONLY | Consulate Ho Chi Minh City

`

    This record is a partial extract of the original cable. The full text of the original cable is not available.

` `

    UNCLAS SECTION 01 OF 05 HO CHI MINH CITY 001021

    SIPDIS

    SENSITIVE

    DEPARTMENT FOR EAP DAS MATT DALEY AND EAP/BCLTV
    DEPARTMENT FOR PRM A/S GENE DEWEY AND PRM/A PAM LEWIS
    DEPARTMENT FOR CA A/S MAURA HARTY
    DEPARTMENT ALSO FOR DRL, L/EAP, AND CA/EX AND CA/OCS

    E.O. 12958: N/A
    TAGS: AMGT ASEC CASC PHUM PREL VM HUMANR ETMIN
    SUBJECT: POLICE DISRUPT CONSULAR VISIT TO CENTRAL HIGHLANDS

    -------
    SUMMARY
    -------
    ¶1.  (U) During a particularly unpleasant trip to the Central
    Highlands to fulfill normal consular duties -- fraud
    investigation, document verification, and personal
    interviews regarding relationships and status -- ConGenOff,
    two Consular Section and Refugee Resettlement Section FSNs,
    and two FSN drivers were subjected to harassment, oral
    threats, the attempted confiscation of their notes and
    schedules, an attempt to block their diplomatic vehicle, and
    an attempt to get into it.  The incidents took place in Gia
    Lai and Dak Lak Provinces October 7-9, and were perpetrated
    by local police.

    ¶2.  (U) This was the first time in more than three years
    that local authorities have reacted so vociferously and
    physically to a routine consular visit, although
    surveillance and red tape are not unknown whenever
    ConGenOffs travel outside Ho Chi Minh City.  Nonetheless,
    Post views this as a significant departure from customary
    practice.  Since HCMC's consular district boundaries have
    never been established, ConGenOffs have had to depend on the
    political willingness of GVN officials to "create favorable
    conditions" for the carrying out of consular and other
    official duties outside HCMC city limits.

    ¶3.  (U) Separately, this trip has shown that at least in two
    ethnic minority villages, ConGen can confirm that some
    family registration books are being altered, travel is
    severely restricted, and individuals are closely monitored
    and being prevented from having outside contact.  End
    summary.

    ----------------------------
    JUST ANOTHER DAY IN PARADISE
    ----------------------------
    ¶4.  (SBU) The ConGen group traveled to three Central
    Highlands provinces for a routine fraud investigation and
    consular verification trip.  This was a joint Consular
    Section Fraud Prevention Unit and Refugee Resettlement
    Section undertaking that focused on eight consular and eight
    refugee cases.  In an effort to verify the status of the
    refugee follow-to-join Visas 93 case of Rmah H'Ri and her
    daughters residing in Plei H'Rai Commune, Nhon Hoa Village,
    in the Chu Se District of Gai Lai Province in the Central
    Highlands, ConOff Li Gong and RRS FSN conducted a site visit
    to the family on October 7.  ConGenOff's goal was to verify
    the family's passport application status, establish family
    relationships and examine civil documents related to her
    visa application.  However, plainclothes policemen from both
    the village and province disrupted the visit.  The police
    harassed ConOff and FSN, by shadowing their every move and
    insisting on "answering" the questions that ConOff posed to
    Rmah H'Ri.

    ¶5.  (SBU) Rmah H'Ri's house is located along National
    Highway 14, 36 kilometers from the provincial capital of
    Pleiku.  Before arriving at her house, ConOff telephoned
    Rmah H'Ri at her neighbor's house and informed her of the
    intended visit.  Rmah H'Ri met ConOff and FSN by the gate to
    her house and took her inside.  Five minutes later, they
    were interrupted by five plainclothes policemen who entered
    the house without knocking or asking permission.  Rmah H'Ri
    stayed seated without speaking a word.  Her three daughters
    hid in another room.  The police were led by A Anh Tuan, who
    claimed to be the provincial policeman in charge of the
    village.  He and two other policemen were accompanied by the
    village police chief.

    ¶6.  (SBU) A Anh Tuan demanded ConOff surrender her ID card
    and barked out a series of questions: who sent you here; who
    gave you permission to come to this house, etc.  ConOff
    explained she was an American diplomat working at the U.S.
    Consulate General in HCMC, who was here to conduct routine
    consular fraud investigations and to learn, firsthand, why
    Rmah H'Ri's family had not applied for their resettlement to
    the U.S., even though the Visas 93 petitions were filed more
    than two years ago.  ConOff stated she did not need
    permission for such a visit.  A Anh Tuan demanded ConOff
    follow him to the local People's Committee, saying any
    foreigners wishing to visit the village had to obtain local
    and provincial police permission.  A Anh Tuan spoke in a
    threatening voice, visibly upset that he was unsuccessful in
    intimidating ConOff.  ConOff explained that ConGen staff
    conduct fraud investigations on a regular basis throughout
    south and central Vietnam.  No other province has ever
    required the Consulate to obtain permission.  A Anh Tuan
    then informed ConOff she could continue her conversation
    with Rmah H'Ri but only in his presence.

    --------------------------------------------- -
    MAYBE SHE'S NOT A CRIMINAL, BUT HER HUSBAND IS
    --------------------------------------------- -
    ¶7.  (SBU) ConOff told A Anh Tuan that a policeman is present
    whenever she visits an American prisoner in jail.  She asked
    if Rmah H'Ri was a criminal.  A Anh Tuan replied, "She is
    not a criminal, but her husband is a criminal wanted by the
    Vietnamese government."  He went on to say that the husband
    belonged to a U.S.-based anti-GVN group and is wanted by
    Interpol.  When ConOff re-emphasized the purpose of her
    visit was simply to verify the relationship as a consular
    issue, the policeman relaxed somewhat.

    ¶8.  (SBU) Rmah H'Ri, who is a Jarai ethnic minority, and her
    three daughters live in a modest house located in a mixed
    Vietnamese Kinh/ethnic minority village.  She is now a
    pepper farmer working on the land assigned to her, after she
    was forced to resign from her job as a teacher in order to
    apply for passports so she and her daughters could resettle
    in the U.S.  The family's passport applications were
    subsequently denied.  Rmah H'Ri last contacted the Gia Lai
    Provincial Immigration Office in September 2002 and was told
    there was no update on her applications.  Another
    immigration officer told Rmah H'Ri that her family would
    never be issued passports.

    ¶9.  (SBU) Rmah H'Ri stated that she was closely monitored
    and frequently called in for questioning by the village
    police.  The number of village policemen had increased from
    three to five, after her husband was resettled in the U.S.
    via Cambodia in 2001.  Rmah H'Ri also confirmed that a "Do
    Not Enter" sign had been affixed to her door before PRM
    Assistant Secretary Dewey's visit to Gia Lai Province in mid-
    August.  Police took down the sign one day prior to A/
    Dwy's visit, and then put it up and took it down again.

    --------------------------
    CONTROLLING "THOSE" PEOPLE
    --------------------------
    ¶10.  (SBU) According to A Anh Tuan and the village police
    chief, their responsibility is "to control the village and
    people like Rmah H'Ri" and "to monitor and limit their
    contact with the outside world."  A Anh Tuan informed ConOff
    that police trained the villagers to report any visitors or
    strangers as soon as they entered the village.  The village
    police chief said that everyone had to have the police's
    permission to leave the village and that Rmah H'Ri was no
    exception.  The village police chief recalled the last time
    Rmah H'Ri left the village was this past June, when she took
    her daughter to a doctor in Nha Trang City.

    ¶11.  (U) ConOff asked to examine Rmah H'Ri's family
    registration book, her children's birth certificates, her
    marriage certificate and some family photos.  Rmah H'Ri
    handed over a brand new family registration book (ho khau)--
    which did not include her husband's name.  ConOff asked why
    her husband's name was not in the ho khau.  Policeman A Anh
    Tuan responded that the ho khau only includes people
    currently living in the village and that everyone had been
    issued a new ho khau last year.  (Post Note: Deleting family
    members who no longer reside in a given village is not the
    normal practice in Vietnam.  Ho khaus do include family
    members who have already left the household, with a note
    indicating when the person left.)

    ¶12.  (SBU) As ConOff prepared to depart, A Anh Tuan promised
    there would be no punishment/reprisals against Rmah H'Ri and
    her family.  When ConOff asked A Anh Tuan why he could not
    help Rmah H'Ri reunite with her husband, he responded, "I
    was told by higher ranking officers to monitor Rmah H'Ri.  I
    have no role in the passport issuance matter, even though I
    sympathize with her situation."

    ¶13.  (SBU) According to Rmah H'Ri, her annual income from
    the two-hectare pepper farm is about five million dong
    (USD$320 - the average per capita income in Gia Lai Province
    is about USD$240).  Her husband sends USD$100-200 per month
    to supplement the family expenses and calls her once a
    month.  Rmah H'Ri also has one cow and some chickens.  The
    oldest daughter, born in 1986, dropped out of school in
    order to help with the farm work.  The two younger
    daughters, born in 1991 and 1995, continue to attend school.

    --------------------------------------------- ------
    HIT THE ROAD, JACK, AND DON'T YOU COME BACK NO MORE
    --------------------------------------------- ------
    ¶14.  (SBU) The next day, ConOff, two FSNs and two drivers
    set off to locate another Montagnard case in Ea Bar village,
    about 35 kilometers northwest of Buon Me Thuot in Dak Lak
    Province.  This time, the local police forced ConOff and
    team to leave the village before they could locate the
    family of H'Pun M'Lo.  Though ConOff was prevented from
    locating H'Pun M'Lo, the very fact that the ConGen group had
    entered the village and spoken even briefly with a couple
    residents to ask for directions clearly upset the local
    authorities.  The police were both nervous and angered by
    the thought of any conversation that might have occurred
    between ConOff and the villagers. Police escorted ConOff and
    FSNs to the local People's Committee where they detained
    them for over two hours.

    ¶15.  (SBU) H'Pun M'Lo is the wife of Y-Rit Hdok, who went to
    the United States as a refugee, after fleeing to Cambodia in
    ¶2001.  He had subsequently written to an American NGO and
    the State Department to urge speedy visa issuance in
    bringing his wife and family to the U.S.  Y-Rit Hdok alleged
    that local police had arrested his wife, H'Pun M'Lo.  The
    Refugee Resettlement Section was unable to locate a visa
    petition filed on behalf of H'Pun M'Lo, given the limited
    information contained in the original letter from Y-Rit
    Hdok.  ConOff's goal was to find out from the family itself
    whether a petition had ever been filed, examine their
    documentation, and verify relationships.

    ¶16.  (U) Ea Bar Village, located 30 kilometers from the
    Cambodian border, was home to several ethnic minority
    residents who went to the U.S. as refugees in 2001, but
    never filed petitions on behalf of family members left
    behind.  ConOff had intended to speak with some of those
    family members to find out why petitions were never filed,
    as Post never received the numerous Visas 93 petitions it
    had expected.

    ------------------------------------------
    AND JUST WHO GAVE YOU PERMISSION TO VISIT?
    ------------------------------------------
    ¶17.  (SBU) Upon arriving at Ea Bar Village, ConOff asked for
    directions to H'Pun M'Lo's house.  A villager told her to
    ask a policeman -- one who just happened to be standing a
    little too close for comfort to the ConGen's diplomatic
    license-plated car.  When the Consulate driver tried to back
    the car up, three policemen blocked it and ordered ConOff
    and FSNs to follow them to the police station.  There, three
    policemen questioned ConOff and two FSNs for about 20
    minutes.  They wanted to know if police permission had been
    granted for the visit, and how the ConGen group found out
    about H'Pun M'Lo (though nobody would confirm that she lived
    in Ea Bar village).  ConOff told police that this was a
    routine consular investigation trip for which she needed to
    speak directly with the family in question.

    ¶18.  (U) The policemen claimed that according to Vietnamese
    law, anyone who wished to visit an ethnic minority person or
    village had to obtain prior permission.  (Post Note: Post is
    unaware of any such law and the policemen could not produce
    it or quote a citation number for it.)  At this point, the
    lead policeman left the room.  Meantime, the other policeman
    was crowding in close to one FSN, apparently trying to get
    into position to snatch the trip schedule from her hands.
    When the lead policeman returned ten minutes later, he
    ordered the ConGen team to proceed immediately to the
    District People's Committee.  The lead policeman then tried
    to get into the Consulate car to escort them, but the doors
    were locked and ConGen travelers shooed him away.  Five
    plainclothes policemen on motorbikes surrounded the ConGen
    vehicle, and led it to the People's Committee.

    ¶19.  (SBU) After arriving at the District People's
    Committee, ConOff and one FSN were escorted to a conference
    room, where a People's Committee official and commune
    policeman waited.  Neither would give their names.  ConOff
    was informed that the chief immigration officer for the
    district would soon arrive.  Two or three policemen
    surrounded ConOff and FSN at all times during the 45-minute
    wait.  None of the policemen spoke, except to say that it
    was against Vietnamese law to visit a member of an ethnic
    minority group without prior permission.  None would confirm
    whether H'Pun M'Lo lived in Ea Bar Village.

    ¶20.  (U) Meanwhile, outside the District People's Committee,
    two more GVN vehicles with a total of 20 uniformed policemen
    had arrived.  The FSN and two drivers who remained behind
    were questioned separately by police.  The police were
    particularly interested in learning how ConOff found the
    right route to the village, whether the ConGen group had
    spoken with any minority people prior to "meeting" the local
    police, and what did the ConGen group talk about when they
    were riding in the car.  The policemen were intensely
    interested in finding out what was in the ConGen vehicle and
    asked whether there were any gifts for the ethnic minority
    people (there weren't).  (Post Note: We are not sure if the
    police were hinting for a bribe, or were sincerely concerned
    that ConGen staff might be smuggling "subversive" documents
    into the villages.)

    --------------------------------------------- --------------
    WELL, MAYBE YOU DIDN'T BREAK ANY LAWS, BUT YOU'RE STILL BAD
    --------------------------------------------- --------------
    ¶21.  (U) The chief immigration officer, Mr. Nguyen Dinh
    Thoi, his assistant Mr. Le Dinh Tri, and External Relations
    Office rep Ms. Tran Thi Thang arrived at the People's
    Committee 40 minutes later.  Mr. Thoi was pleasant enough,
    but also appeared to be under the influence of alcohol.

    ¶22.  (U) Mr. Thoi had only one message to deliver -- ConOff
    had violated Vietnamese law, but could be forgiven as long
    as she promised that this would never happen again.  He
    repeated this three times.  After ConOff repeatedly
    responded that no one in the Consulate General was aware of
    the existence of such a law, and asked him to produce a copy
    of said law, Mr. Thoi finally conceded that ConOff had not
    broken any law.  But, he admonished, any and all future
    ConOffs would still be required to obtain prior permission.
    In addition, he requested an "introduction letter" attesting
    to the ConOff's bona fides.  He claimed the Immigration
    Office would only be able "to help" if ConOff could present
    such a letter, describing the nature of her inquiries, and
    in effect, asking for permission.

    ¶23.  (SBU) ConOff responded that she could ask the ConGen to
    fax such a letter, with the understanding she would proceed
    with the visit.  The three GVN officials then stated that
    this letter had to be sent to the provincial ERO in Dak
    Lak's capital, Buon Me Thuot, where a decision on permitting
    a consular visit would be made.  According to Mr. Thoi, Ea
    Bar Village was a sensitive place and "unsafe for a diplomat
    without escort."  (Post Note: This is a favorite GVN
    excuse.)  After spending about 90 minutes in this "meeting"
    at the People's Committee, ConOff and team were instructed
    to go to their hotel under police escort.  The ConGen
    travelers passed an uneventful night, and departed for Lam
    Dong Province the next day as scheduled.  Though Lam Dong is
    also a Central Highlands province, the ConGen group
    experienced no problems there.

    ------------------------------
    COMMENT: NO HAPPY CAMPERS HERE
    ------------------------------
    ¶24.  (SBU) During both incidents in Gia Lai and Dak Lak
    provinces, the local police were constantly on the phone,
    consulting with someone in higher authority.  The insistence
    that ConOff needed local and provincial police permission in
    order to carry out normal consular duties was a surprising
    additional requirement.   The monitoring and control in
    these two ethnic minority villages was far more severe than
    anything other ConGenOffs have seen during previous Central
    Highlands visits.  The environment of oppression and control
    reflected a clear attempt to prevent contact with the
    outside world.  Given the population composition of Ea Bar
    and Nhon Hoa villages, one can only assume these practices
    are directed against ethnic minorities and/or against those
    families who had someone who fled to Cambodia.  It is no
    wonder that the Refugee Resettlement Section has seen so few
    follow-to-join resettlement petitions for these family
    members.  If local police feel empowered to intimidate and
    threaten ConGen personnel, one can only imagine how they
    treat the people who are supposedly in their care.  ConGen's
    experience in Dak Lak Province and Gia Lai Province -- but
    PARTICULARLY DAK LAK -- contradicts our experience in other
    parts of southern Vietnam, where local authorities have
    welcomed consular visits and offered assistance.

    ¶25.  (SBU) As a result of this trip, Post was able to
    confirm some specific allegations that have been made about
    GVN treatment of ethnic minorities in Ea Bar (Dak Lak
    Province) and Nhon Hoa (Gia Lai Province).  Family
    registration books have been altered.  Whether this is to
    make it more difficult to determine relationships for
    immigration purposes or not, is difficult to conclude.
    However, it is not normal Vietnamese practice to delete
    people from family registration books simply because they no
    longer live in a given village.  Ethnic minority residents
    in Ea Bar and Nhon Hoa definitely live in fear of the police
    and local officials.  Travel is restricted, and in lead
    policeman A Anh Tuan's own words, the police are there to
    control inhabitants and prevent contact with the outside
    world.

    ¶26.  (SBU) Post was in regular communication with the ConGen
    travelers throughout.  At no time were they in actual
    danger, although the provincial and local authorities were
    verbally and physically intimidating. The Embassy and ConGen
    have raised Rmah H'Ri's case with provincial and central GVN
    officials in diplomatic notes and in person.  We have made
    no secret of our concern.  The case has also generated
    inquiries from Senator John Edwards (September 8, 2003) and
    Kay Reibold of the Vietnam Highlands Assistance Project.
    The case of H'Pun M'Lo was the subject of an e-mail from
    Mike Benge and a subsequent inquiry from DAS Matt Daley
    (September 18).  Neither case is extraordinary in its
    consular implications.  What is unusual is the strongly
    negative local GVN over-reaction.  Whether or not the GVN
    likes the fact that ethnic minority people fled to Cambodia
    before seeking refuge in the U.S., these are bona fide
    refugee cases as adjudicated under U.S. law.  GVN officials,
    who profess to give a high priority to family reunification
    and the establishment of a "normal bilateral immigration
    relationship with the U.S.," seem not to extend this
    priority to follow-to-join family members in the Central
    Highlands.

    ¶27.  (SBU) Further, it would appear that a GVN policy
    evolved over the years of permitting Vietnamese to travel
    freely throughout the country has taken a step backward --
    at least in certain parts of the country or at least as
    certain local police choose to enforce it.  GVN public
    statements about how Vietnam is a safe place, and that
    foreigners and tourists can visit all but officially
    restricted areas, also seems at odds with what local police
    told ConGen travelers.

    ¶28.  (SBU) On a more personal note, Post is once again
    reminded of how much its travel depends on which side of the
    bed GVN officialdom wakes up on each morning.  Without the
    established consular district as outlined in the L. Desaix
    Anderson of February 12, 1997 (from Thua Thien-Hue and all
    points south), ConGen personnel are subject to arbitrary
    treatment and constantly shifting definitional goalposts as
    to what constitutes "permission", "approval",
    "notification", "requests", etc. whenever they travel
    outside of HCMC.

    ¶29.  (SBU) There has been no movement on the GVN's part to
    formally recognize the Consulate General's consular district
    in the past six years.  And now, even the usual and
    customary practice of the past three years of "allowing"
    routine consular trips to proceed without prior permission
    has been set on its head.  In fact, GVN authorities seem to
    have affixed additional requirements and hoops to jump
    through.  Vietnam may have aspirations to join the
    international economic community via the WTO.  One can only
    hope it aspires to join the international diplomatic
    community as well.  End comment.

    YAMAUCHI

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