Christophe Peschoux
The Phnom Penh Post
COMMENT
Deporting Uighur potential refugees sets a terrible precedent
AS representative of the High Commissioner for Human Rights, but also as a human being who is profoundly attached to the principle of international protection of persons seeking asylum from persecution, I am dismayed by the deportation from Cambodia of Uighur asylum seekers to China. Anyone can become a refugee in today’s world, and may have to seek international protection under international refugee law.
Cambodia has ratified the 1951 Refugee Convention and had the legal obligation to examine the asylum claims of these 20 individuals and to fairly determine their status. Up to this weekend, Cambodia was a safe asylum country for persecuted people and was applying a generous, humane policy. Although the authorities initially gave strong assurances that they considered these individuals asylum seekers and that they would complete the refugee status determination with regard to the 20, this was suddenly overturned over the weekend, when, obviously under pressure, the asylum seekers were for the first time labelled illegal immigrants.
Cambodia is also a party to the Convention against Torture (CAT) and the International Convention on Civil and Political Rights (ICCPR). Both reiterate the fundamental principle of the Refugee Convention of “non-refoulement”, whereby no one should be forcibly returned to a place where he or she may be tortured, judicially or otherwise. This is a cardinal principle of international protection, which has offered safe asylum, protected against torture and saved the lives of hundreds of thousands of refugees worldwide. Such risks should have been assessed fairly and objectively before any decision was taken about these persons.
This deportation is all the more disturbing in a country that has known massive persecution during the wars and the Khmer Rouge regime, and which knows all too well the price and value of refugee protection. Thousands of Cambodians have had their lives saved thanks to the international refugee protection system, including many of the leaders of this country, past and present. The credibility and reliability of the system of refugee protection patiently built in Cambodia, with the crucial support and assistance of the UNHCR, is now seriously questioned. Critical to this process is the willingness of the Cambodian government to honour its own commitment to refugee protection, to respect the cardinal principle of non-refoulement and withstand outside pressure from more powerful countries; but also, and as important, is that these countries, including China, respect Cambodia’s international legal commitment under the conventions it has ratified (Refugees, CAT, ICCPR) so that they refrain from pressuring a smaller country. Unless the policy shift of last week is overturned, no asylum seekers from China will feel safe or be safe in Cambodia any longer.
This deportation has created a very unfortunate precedent not only in Cambodia, but more widely. With the plane of shame that took off Saturday night, it is our freedom from want and fear that has become narrower in this part of the world.
__________
Christophe Peschoux is the Cambodia representative of the office of the UN High Commissioner for Human Rights.
AS representative of the High Commissioner for Human Rights, but also as a human being who is profoundly attached to the principle of international protection of persons seeking asylum from persecution, I am dismayed by the deportation from Cambodia of Uighur asylum seekers to China. Anyone can become a refugee in today’s world, and may have to seek international protection under international refugee law.
Cambodia has ratified the 1951 Refugee Convention and had the legal obligation to examine the asylum claims of these 20 individuals and to fairly determine their status. Up to this weekend, Cambodia was a safe asylum country for persecuted people and was applying a generous, humane policy. Although the authorities initially gave strong assurances that they considered these individuals asylum seekers and that they would complete the refugee status determination with regard to the 20, this was suddenly overturned over the weekend, when, obviously under pressure, the asylum seekers were for the first time labelled illegal immigrants.
Cambodia is also a party to the Convention against Torture (CAT) and the International Convention on Civil and Political Rights (ICCPR). Both reiterate the fundamental principle of the Refugee Convention of “non-refoulement”, whereby no one should be forcibly returned to a place where he or she may be tortured, judicially or otherwise. This is a cardinal principle of international protection, which has offered safe asylum, protected against torture and saved the lives of hundreds of thousands of refugees worldwide. Such risks should have been assessed fairly and objectively before any decision was taken about these persons.
This deportation is all the more disturbing in a country that has known massive persecution during the wars and the Khmer Rouge regime, and which knows all too well the price and value of refugee protection. Thousands of Cambodians have had their lives saved thanks to the international refugee protection system, including many of the leaders of this country, past and present. The credibility and reliability of the system of refugee protection patiently built in Cambodia, with the crucial support and assistance of the UNHCR, is now seriously questioned. Critical to this process is the willingness of the Cambodian government to honour its own commitment to refugee protection, to respect the cardinal principle of non-refoulement and withstand outside pressure from more powerful countries; but also, and as important, is that these countries, including China, respect Cambodia’s international legal commitment under the conventions it has ratified (Refugees, CAT, ICCPR) so that they refrain from pressuring a smaller country. Unless the policy shift of last week is overturned, no asylum seekers from China will feel safe or be safe in Cambodia any longer.
This deportation has created a very unfortunate precedent not only in Cambodia, but more widely. With the plane of shame that took off Saturday night, it is our freedom from want and fear that has become narrower in this part of the world.
__________
Christophe Peschoux is the Cambodia representative of the office of the UN High Commissioner for Human Rights.
10 comments:
To all Khmer compatriots, ladies and gentlemen
CHINA and the USA do not know how to rescue Cambodia from Vietnamese jaws?
In relation to Cambodia, CHINA is Zero achievement, every time Chinese start to move their men or policies to influence Cambodia, the Vietcong/NVA punch in the Chinese nose first all the times.
Now the ECCC in Cambodia is indirectly control by Vietnamese government through their puppet Mr. Hun Sen/CPP government. The ECCC is charging former CHINA clients Mr. Khieu Samphan, Mr. Nuon Chea, Mr. Ieng Sary and his wife Mrs. Ieng Thirith as GENOCIDE crimes against the ethnic Vietnamese and the Cham in Cambodia. What is CHINA GOING TO DO ABOUT THAT?
BESIDE BRING MORE MONEY TO BUY Mr. Hun Sen/CPP government and perhaps to robe the whole of Cambodia through land development, ripping for Vietnam to take over again and again CHINA can not do anything to save Cambodia from Vietnam colonization.
CHINA WAS THE MAIN SUPPORTER OF KHMER ROUGE who is their clients now charging as genocide. Whereas the Vietnamese clients such as Hun Sen, Chea Sim, Heng Samrin, Hor Nam Hoang, Keat Chhon, Sam Kar, Sar Kheng, Men Sam An and much more who also GENOCIDED millions of Khmers are laughing at CHINA, USA, UN, EU, ECCC all the way to their own individual’s banks.
At this stage USA do not want to save Cambodia from Vietnam swallowing, so what CHINA must do is to wake up quickly by allying themselves with USA the same way as Mr. Deng Xao Ping did with Mr. Ronald Reagan in 1980’s and rearmed the ex- Khmer Rouge soldiers again to save Cambodia from extinction.
The condition must be attached onto those ex-Khmer Rouge troops, that those troops must be control and lead by ex-anti Vietnamese guerrilla’s leaders similar to the recipient of American Silver Cross Medal, Major Sergeant SARUN SAR of the American Special Force and many more of that types are waiting around the world and inside Cambodia to bring Vietnam and Hun Sen/CPP government to respect the 23rd October 1991 Paris Peace Agreement once more time.
Vietnamese government through their puppet HUN SEN had cheated the CHINESE GOVERNMENT, the UNTAC, the USA administrative and the whole Khmer Rouge organization by urging the Khmer Rouge to lay down their arm before 1993 and now control them like slave and master.
Now a day what CHINA hoping is to buy out HUN SEN and the whole CPP government with their money, so CHINA can have influence in Cambodia.
Vietnamese will not let HUN SEN go off their hooks so easily like CHINA wanted, if HUN SEN do want to escape from Vietnamese jaws, he will receive the same fate as his in-law former police crook-murderer Gen. HOK LUNDY.
Vietnam only allow Hun Sen as a bait to attract investment funds from China, so Vietnam who is Hun Sen master, can spare their own fund to buy 6 Sub-Marines and 12 Russian Airplanes to defeat CHINA once more time like in February 1979 from future China attack.
Vietnam at this moment will never let Chinese put a hand on Cambodia cake again, for inside Cambodia they had 100,000 NVA plus 5 million of Vietnamese illegal immigrants, and for augment sake who know how many Vietnamese militia in disguise among those 5 million illegal Vietnamese in Cambodia?
Therefore, the USA and the CHINA were manipulated by Vietnamese government again and again until they took all the South East Asian markets. Recently they took Laos, Cambodia and perhaps Thailand soon when the opportunity arises.
Vietnam smartly took Laos, Cambodia from CHINA and from the USA, and CHINA never dares to challenge Vietnam for CHINA and USA are always incapable to defeat Vietnamese hypocrisy in war or in politics, so CHINA and USA have no choice, but to unite like in 1980’s to stop Vietnam from swallowing Cambodia and to stop Vietnam expansionist strategy toward Thailand too.
CHINA CAN NOT BUY VIETNAMESE OR HUN SEN/CPP GOVERNMENT OUTRIGHT. CHINA and USA ARE THE LOOSERS TO VIETNAMESE COMMUNIST’S GOVERNMENT WITHOUT KNOWING IT, WHAT IS A SHAME!!!
Kulen Monorom
(The rice farmer’s son)
To the Honorable President Barracks Obama, The United States President of America,
Mr. Hun Sen says there are 100,000 North Vietnamese Communist arm forces still occupied Cambodia everyday and they stay on top of his head.
Eyes witness said there are 4 to 5 million illegal Vietnamese communists also occupied Cambodia to give illegal vote to Mr. Hun Sen and his CPP illegitimate government.
My appeal to President Barracks Obama are:
(A)***** Can the United States of America rescue Cambodia from Vietnamese communist government through their puppet Mr. Hun Sen/CPP government swallowing Cambodia now??? Your past policy in helping Cambodia on Human Right, Democracy, Health and education were so great, but they will not stop Vietnamese government from swallowing Khmer country in the near future.
Cambodia always wanted to be USA ally in her own independent right, not through the satellite of Hanoi government.
(B)***** Can the United States of America stay in Cambodia for ever by not desert Cambodia and left innocent Khmer as the most trust US ally to be slaughtered by Vietcong/NVA/Khmer Rouge soldiers (prince Sirimatak Sisowath last letter in March 1975 to then US Ambassador John Anthony Dean) like the USA did on the 12th of April 1975???
(C)***** Can the United States of America rescue Cambodia from the dictator Mr. Hun Sen the same way as America did rescue Iraqi people from the dictator Mr. Saddam Hussein???
(D)***** Can the United States of America do it now either by law or by force, before the Hanoi government swallowing Khmer people and Khmer land through it puppet Mr. Hun Sen/CPP government completely soon.
President Obama, by helping all Khmer inside Cambodia to stand up strong and tall against the dictatorship and corruption of Mr. Hun Sen and the Cambodian People Party (CPP) like Ambassador Rodley did in the Cambodian Olympic Stadium this year, US may also soon help rescue the whole of Cambodia from the occupation of the 100,000 disguised Communist Vietnamese Army + their advisers + 4 to 5 millions illegal Vietnamese immigrants who have not left Cambodia according to the 23rd October 1991 Paris Peace Accord yet!!!
In the East we have got colonized by Hanoi, whereas in the West we have the threat from the Thai government and her powerful Arm Forces everyday since July 2008.
President Obama, may I urge you to put pressure on Mr. Hun Sen and his Royal Cambodian government to immediately accept 10,000 of American Arm Forces plus 10,000 United Nations Arm forces to the Khmer-Thai and to Khmer-Vietnamese border to:
1- Prevent the Royal Thai Arm forces from burning Khmer civilians alive again.
2- Prevent the Royal Thai Arm forces from invading Cambodia and killing all the former Khmer Rouge soldiers and their teenage sons on Hanoi and Mr. Hun Sen government behalf.
3- Prevent Mr. Hun Sen government from signing any new contracts with his master Hanoi in bringing 100,000 or more Bodoi troops to fight with the Royal Thai Arm forces from Inside Khmer territory. Although, previously there were 100,000 of NVA + 4 to 5 millions of illegal Vietnamese immigrant inside Cambodia already, but the 25 years troop intervention (invasion) contract between Hanoi government and the Royal Cambodian Government in the past have finished many years ago.
May almighty God Jesus Christ bless America and little innocent Cambodia.
May almighty God Jesus Christ rescue Cambodia from Vietnam swallowing and from the Royal Thai Arm forces invasion.
Merry Christmas and Happy New Year to all Americans and to all Cambodians.
Regards,
Kulen Monorom
the rice farmer's son)
Wednesday 23rd of December, 2009
According one member of the association, Uyghur Human Rights Project, the refugee Uighurs are handcuffed and shackled and thrown into the Chinese plane like cattle and have not been fed all day and among them there is a refugee patient .
These are the conditions under which these unfortunate refugees were expelled by the Royal Government of Cambodia in scandalous violation of international law.
I am disgusted and very ashamed for my country that has chosen to sacrifice the rights of the most essential humanitarian for money of shame.
I'M SO PROUD TO BE BORN AS KHMER. NO ONE ON EARTH IS AS SMART AS KHMER.
Cambodia should not et will never be a refuge for terrorists and criminals. Take note once for ever .
Human traffickers should not allowed to do business in Cambodia, the law of an sovereign country should be enforced.
Shame on you Christophe because all criminals are not elligible to be refugees according to the convention. Get it. And Cambodia have her immigration law to be enforced as an independant country.Get it.
The plane is chinese.
It seems that dirt poor Cambodia can never do anything right without offending the Super Powers! Why is that? Why?
Does dirt poor Cambodia is being held to a higher standard than other countries in the world?
Oh come on! I do pity these 20 Uighur but if these Uighur remain quiet without going to the UNCHR and none of them would be deported and we would have a story to talk about! I mean the Uighur can the corrupted Cambodian officials to stay in the country! If million and million of Vietnamese can do that and why not the Uighurs?
How many people in the world remember Cambodian monk Tim Sakhorn who was deported back to Vietnam to face the Vietnamese court and eventually jail in Vietnam for his freedom of expression? Not many?
Hey! Mr. Hun Sen doesn't a fuck about his own people such as the Khmer Krom and what make the 20 Uighur more special than any Cambodian people?
Please try to understand that Cambodia is not haven on Earth if these Uighur know any better and they would come to Cambodia in the first place!
I am ashamed of some of the hostile comments being made towards the Uighur people. These poor Uighur refugees are victims of an Oppressive Communist Chinese Government, they are very much on the same boat as Khmer Krom people. How can anyone in their right mind, support the actions of Hun Sen and the Cambodian government. The United Nation and all countries in the world need to send a strong message to Cambodia, China and many other countries who do not value human rights, that this is not acceptable and that they will be made held accountable. Like the writer said, in this day and age, especially in Cambodia, anyone can be made a refugee, how will you feel when no one will stand up and fights for your rights and sends you on your way to meet death's door?
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