Hmong International Human Rights Watch
Omaha, Nebraska 68104
April 21, 2003

The Honorable Phil Crane
Chairman of the House Subcommittee on Trade
233 Cannon House Office Building
Washington, D.C. 20515
Fax: (202) 225-2610
hearingclerks.waysandmeans@mail.house.gov

Hearing on Extension of Normal Trade Relations to the Lao People’s Democratic Republic

Dear Congressman Crane:

Our organization is strongly opposed to the granting of Normalized Trade Relations to Laos before some concrete measures have been taken by the current Lao PDR regime to improve its human rights record and open up the country to international human rights monitors to all areas of the country, most particularly remote areas of Saysomboun Special Zone.

I would like to begin by stating that the Hmong people have been targeted for human rights abuse by the current regime because of their loyal support of the United States during the Vietnam War. It was because of this loyalty that the Hmong continue to be the never ending target of persecution by the Lao PDR up till the present day.

After 1975, the Hmong were singled out for extermination. On September 13, 1981, then-U.S. Secretary of State Alexander Haig accused the Soviet Union of supplying chemical weapons (trichothecene mycotoxins) to the Lao and Vietnamese governments to use against the Hmong. To this date, the State Department has still not retracted its statement. Today, these weapons would be threateningly referred to as “Weapons of Mass Destruction”. It is important to note that these alleged chemical attacks took place in an area now referred to as Saysomboun Special Zone. This is an administrative area operated by Lao military forces. Travel is tightly restricted. U.N. and U.S. Embassy staff cannot travel freely to this remote area. This is a major concern because some of the worst human rights atrocities occur here on a regular basis.

Hmong returnees and their leaders have been the target of human rights abuse. Vue Mai, the leader of a large group of returnees was secretly arrested and never heard from again. Kou Yang, the former leader of Ban Phan Thao repatriation site had to get political asylum in the U.S. after Lao PDR officials made threats on his life. This was all because he spoke out against the lowland Lao taking away many of the Hmong returnees farmland.

Hmong returnees have to carry government-issued identification cards with distinctive markings, which mark them as potential trouble makers. This year’s State Department’s Human Rights Report on Laos states that such cards tended to reinforce a pattern of societal discrimination against the returnees. This is troubling as the Hmong returnees are often singled out as scapegoats for any societal problems that arise. Since the Hmong returnees living in Ban Phan Thao are not allowed to own guns, unlike the lowland Lao who have AK-47s, they are constantly in a precarious position.

To add insult to injury, the UNHCR closed its office in Laos over a year ago. Lionel Rosenblatt, former State Department official and currently President Emeritus of Refugees International, stated in a RI report released early last year that the U.S. government had promised to fully fund UNHCR’s continued operation in Vientiane.

The two Hmong-speaking UNHCR monitors are no longer available to resolve the problems of returnees. Ever since the February 6, 2003 attack on a bus just outside Vang Vieng the Hmong returnees have lived in constant fear of government reprisals. They are afraid because they are often the scapegoat for such violent occurrences. The newspapers reported that instead of trying to preserve the crime scene authorities quickly cleaned up the area, thereby destroying any evidence which could later be used in court.

We have received information that the government arrested a Hmong man from a nearby town in connection with this incident. We fear for his safety, as the recently released State Department’s Human Rights Report on Laos states that detainees suspected of insurgency are treated very roughly.

In June 2002, a Hmong-American was an eye-witness when 105 Hmong peacefully surrendered to government authorities in Ban Phan Thao village. He wanted to take photos of the group but authorities denied his request. Shortly thereafter, the Lao government ordered several trucks to take these Hmong away, supposedly heading for the Phukhin Jail in Vientiane. We have presented this information to the U.S. Ambassador in Laos but have not been able to find out where these Hmong were taken or how they are doing right now.

That same month, there was also the case we reported of six Hmong who were arrested in Meung Feung. The U.S. Ambassador has confirmed the arrest but has still not found out where they have been taken to and if they will have a fair trial.

Earlier this month Voice of America reported that the Lao government arrested 3 Hmong leaders from Muang Mok and took them to a jail in Savanakhet. Last month we received news that 150 Hmong living in this area were assaulted by the Lao military, 5 killed, others wounded, with the rest fleeing into the jungle. We are very concerned about what will happen to these Hmong.

There are still over 30,000 Hmong refugees living in Thailand, most of who live at Wat Thamkrabok. These Hmong possess neither Lao nor Thai citizenship. They are without nationality. We know of a case of 5 Hmong who acquired Thai citizenship then legally traveled back to Laos to visit relatives during the new year celebration. These Hmong were wrongfully accused of being Hmong insurgents and put in jail. They have been held for over three years

now without receiving a fair trial. Currently, they are in Phongtong jail, Vientiane (more information available upon request).

Lastly, we know of many cases of Hmong working at high levels of the government who are singled out and imprisoned or executed. We have received word that Boua Chong Lee, who was a high level military officer arrested in 1995 has been killed. Then there is the recent case we received of Savangsai Lo (aka: Xaiv Ker Lo), who held a high position in the Trade Department. He was the son-in-law of Xai Ker Yang, former President of the Lao PDR National Assembly. On August 10, 2002, Savangsai Lo was murdered by the Lao PDR, after he refused to take part in government sponsored corruption (more information available upon request).

Conclusion

We would like the U.S. government to establish an Orderly Departure Program (ODP) for those Hmong trapped inside Saysomboun Special Zone and the surrounding remote jungle area.

We would like the U.S. to put pressure on the Lao government to open up Saysomboun Special Zone and other areas of the country so that international human rights monitors can be allowed uninhibited access to all areas of the country.

Prisoners must have the right to fair trials and be allowed visits by family members and ICRC.

Without the granting of such basic freedoms as these we feel that granting Normalized Trade Status to the Lao PDR will have a negative impact on the local population.

Respectfully,

Laura Xiong
Executive Director

CC: Congressman Xavier Becerra, Ca
        Congressman Dave Camp, Michigan
        Congresswoman Jennifer Dunn, WA
        Congressman Phil English, Pa
        Congressman Ramstad, Ca
        Congressman Charles B. Rangel, NY
        Congressman E. Clay Shaw Jr. FL
        Congressman Jonh S. Tanner, TN
        Congressman Wally Herger, Ca
        Congressman Amo Houghton, NY
        Congressman William J. Jefferson, LA
        Congressman Sander M. Levin, MI
        Congressman Richard E. Neal, MA
        Congressman Jim Nussle, IA