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Indochinese Refugees: Comprehensive Plan of Action

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Indochinese Refugees: Comprehensive Plan of Action INDOCHINESE REFUGEES: COMPREHENSIVE PLAN OF ACTION JOINT HEARING BEFORE TIlE SUBCOMMITTEES ON ASIA AND TIE PACIFIC AND INTERNATIONAL OPERATIONS AND HUMAN RIGHTS OF' IIE COMMITTEE ON INTERNATIONAL RELATIONS HOUSE OF REPRESENTATIVES ONE HUNDRED FOURTH CO ,RESS FIRST SESSION JULY 25, 1995 Prir-tcd for the use of the Committee on International Relations U.S. GOVERNMENT PRINTING OFFICE 26-698 CC WASHINGTON :1396 For sale by the U.S. (overmnnt h inning Ot ice Superintendent ot )ocuments, ('ongressimial Sales (Ofticc,Washingloni, I)C 20.102 ISRN 0-16-053452-6 ).4& 4 COMMITTEE ON INTERNATIONAL RELATIONS BENJAMIN A. GILMAN, New York, Chairman WILLIAM F. GOODLINC,, Pennsylvania LEE H. HAMILTON, Indiana JAMES A. EACH, Iowa SAM GEJDENSON, Connecticut TOBY ROTH, Wisconsin TOM LANTOS, California HENRY J. HYDE, Illinois ROBERT G. TORRICELLI, New Jersey DOUG BEREUTER, Nebraska HOWARD L. BERMAN, California CHRISTOPHER H. SMITH, New Jersey GARY L. ACKERMAN, New York DAN BURTON, Indiana HARRY JOHNSTON, Florida JAN MEYERS, Kansas ELIOT L. ENGEL, Now 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 I)ONAIL) M. PAYNE, New Jersey DONALD A. MANZULLO, Illinois ROBERT E. ANI)REWS, New Jersey EDWARI) R. ROYCE, California ROBERT MENENI)EZ, New Jersey PETER T. KING, New York SHIERROI) 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" SANFORI), South JAMES P. MORAN, Virginia Carolina VICTOR 0. FRAZER, Virgin Islands (Ind.) MATT SALMON, Arizona AMO HOUGHTON, New York RiCJIARD J. GARON, Chief of Staff MICmA., H. VAN DUSREN, Democratic Chief of Staff SUBCOMMITTEE ON ASIA AND TilE PACIFIC DOUG BEREUTER, Nebraska, Chairman EDWARD R. ROYCE, California HOWARD L. BERMAN, California DANA ROHRABACHER, California ENI F.H. FALEOMAVAEGA, American JAMES A. LEACH, Iowa Samoa JAY KIM, California SHERROD BROWN, Ohio MARSHALL "MARK" SANFORI), South ROBERT E. ANDREWS, New Jersey Carolina SAM GEJDENSON, Connecticut DAN BURTON, Indiana GARY I,. ACKERMAN, New York DONALD A. MANZULLO, Illinois MICHAEL P. ENNIS, Subcommittee Staff Director RICIARI) K uSI.ER,Democratic Professional Staff Member DAN MAIRT, )lro/essional Staff Member JON J PIWETrtON, Staff Associate SUBCOMMITTEE ON INTERNATIONAL OPERATIONS AND HUMAN RWowTs CHRISTOPHER H. SMITH, New Jersey, Chairman BENJAMIN A. GILMAN, New York TOM LANTOS, California WILLIAM F. GOODLING, Pennsylvania CYNTHIA A. McKINNEY, Georgia HENRY J. HYDE, Illinois JAMES P. MORAN, Virginia PETER T. KING, New York HOWARI) I. BERMAN, California DAVID FUNDERBURK, North Carolina ENI F.H. FALEOMAVAEGA, American MATT SALMON, Arizona Samoa EDWARD R. ROYCE, California I)ONAILI) M. PAYNE, New Jersey GROVER JOREPII RIEES, Subcommittee Staff Director and Chief Counsel ROBERTr R. KING, Democratic Professional Staff Member DAVID M. WAGNER, Professional Staff Member TATYANA SCIIUM, Staff Associate (1lI) CONTENTS WITNESSES Page The Honorable Phyllis E. Oakley, Assistant Secretary of State for Population, Refugees, and Migration, U.S. department of State .........................................2 Mr. Daniel Wolf, Attorney, Hughes, Hubbard, & Reed ........................................26 M s. Pam Baker, Attorney, Hong Kong ..................................................................29 Mr. R. Kyle Horst, Chief Operating Officer, World Vision International- Vietna m .................................................................................................................33 Dr. Nguyen I)inh Thang, Executive l)irector, 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 APIPENI)IX Prepared statements and biographical sketches: The Honorable I)oug Bereuter, a Representative in Congress from the State of Nebraska and Chairman, Subcommittee on Asia and the Pa- cific ................................................................................................................. 6 7 Tie Honorable Tom Lantos, a Representative in Congress from the State of California and Ranking Democrat, Subcommittee on International Operations and Hum an Rights ....................................................................69 The Honorable Thomas M. Davis, a Representative in Congress from the State of V irginia ....................................................................................73 The Honorable Steve Gunderson, a Representative in Congress from the State of W isconsin .........................................................................................75 The Honorable Phyllis E. Oakley ....................................................................80 M r. D aniel W olf ................................................................................................88 M s. P am B aker .................................................................................................100 M r. R . K yle H oist .............................................................................................106 D r. N guyen D inh Thang ..................................................................................116 M r. C laude Pepin .............................................................................................12 1 M r. Shep Low m an ............................................................................................129 Additional material submitted for the record: Letter and material submitted to the IJonorable I)ana Rohrabacher from Mr. Son Dinh I)o (submitted for the record by ion. Dana Rohrabacher) 138 "A Human End to the Indochinese Refugee Program"-A proposal by non-government organizations (submitted for the record by Mr. Daniel W olf) ...............................................................................................................14 1 "Irinciples on the CPA and Indochinese Asylum Seekers"-A document by InterAction the American Council for Voluntary 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 by Hon. Steve Gun- d erson ) ...........................................................................................................15 7 Statement and additional material submitted for the record by the U.N. High Comm issioner for Refugees .................................................................172 Statement submitted for the record in lieu of appearance by Mr. Le Xuan Khoa, President, Southeagt Asia Resource Action Center ..............217 Charts supplied by The Hon. Phyllis E. Oakley with statistics on Viet- nam ese asylum seekers ...............................................................................223 (V) INDOCHINTESE REFUGEES: COMPREHENSIVE PLAN OF ACTION TUESDAY, JULY 25, 1995 HOUSE OF REPRESENTATIVES, COMMITTEE ON INTERNATIONAL RELATIONS, SUBCOMMI'rEE ON ASIA AND THE PACIFIC, AND SUBCOMMITTEE ON INTERNATIONAL OPERATIONS ANI) HUMAN RIGHTS, Washington, DC. The subcommittees met, pursuant to call, at 2 p.m., room 334, Cannon House Office Building, [Ion. Christopher H. Smith [chair- man of the subcommittee on International Operations and Human Rights] presiding. Mr. IjMITH. The hearing will come to order. I would like to join my colleague who is regrettably in the chair of the House right now, Congressman Doug Bereuter, who is the chairman of the Asia and Pacific Subcommittee, who could not be here, but who will join us as soon as he can get out of the chair. He is presiding over the bill that is on the floor, but he will join us, I am told, as soon as he can get over here. Ladies and gentlemen, almost 2 months ago, the House voted 266 to 156 for dramatic reforms in the so-called Comprehensive Plan of Action for Southeast Asian Refugees. Although it is some- what unusual for the House to hold public hearings on a subject on which it has so recently legislated, it is important that we bring together supporters aad opponents of that legislation, representa- tives of the Administration and independent experts, in an effort to seek consensus or a process by which we can end the saga of the Vietnamese boat people and the Hmong refugees with honor and decency. This joint hearing of the Subcommittee on Asia and the Pacific 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 a panel of experts on the history of the implementation of the CPA, from a panel of Vietnamese-Americans and Hmong-Ameri- cans who have been victimized by its defects, and then from a final panel on the feasibility of various plans for rescreenin I should make clear at the outset as the author of-the CPA re-
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