August 22, 2002

His Excellency Roland Eng
Royal Embassy of Cambodia
4530 16th St., NW
Washington, D.C. 20011

Dear Ambassador Eng:

I write on behalf of the U.S. Committee for Refugees (USCR), a nongovernmental organization concerned with refugee protection worldwide, to strongly protest your government's recent forced return to China of two Chinese asylum seekers, and to urge you to refrain from such action in the future.

On August 2, Cambodian police arrested Li Guojun and his wife, Zhang Xinyi, both Chinese nationals and members of the Falun Gong spiritual movement, which is banned by the Chinese government. The couple, who had lived in Cambodia since 1998, had applied for protection from the Phnom Penh office of the UN High Commissioner for Refugees (UNHCR). UNHCR had not yet completed its assessment of the couple's refugee claims (but had issued a letter noting that their claims were pending) at the time of their arrest. Cambodian authorities reportedly put the couple on a flight to Guangzhou, China against their will.

This action directly contravenes the UN Refugee Convention, to which Cambodia is a party. The Convention prohibits parties from forcibly returning any refugee - a person who fears persecution on account of race, religion, nationality, social group, or political opinion - to a country where his or her life or freedom would be threatened. This obligation adheres from the moment an individual indicates that he or she fears persecution to the time it is determined - through a full and fair procedure - that the individual is not a refugee.

In the absence of a national procedure to determine refugee status, Cambodia permits UNHCR to operate in the country and to determine such claims. By failing to respect this process in the case of Mr. Li and Ms. Zhang, Cambodia has violated its international obligations. USCR joins UNHCR and other human rights organizations in protesting this action. Although their whereabouts are currently uncertain, this couple will likely face harsh punishment for their public participation in Falun Gong and their attempt to seek asylum.

Cambodians have known persecution. For years, hundreds of thousands of Cambodian refugees fled their country to escape persecution and death, and were protected and assisted by the international community. It is therefore particularly disturbing that your government should turn its back on other asylum seekers. While it is too late to ensure the protection of Mr. Li and Ms. Zhang, we strongly urge you to prevent similar occurrences in the future by upholding your obligations under international refugee law.

Sincerely

(Signature)

Lavinia Limon Executive Director