Dr. Lee Pao Yang, the Chair of United Hmong Vision Inc alleged that Lao government has been treating Hmong badly for the past 40 years until this moment. He claimed that he has evidences for instance, cassette tapes, video clips, international media publications, letter from Lao official stating it would allow international communities to access and provide humanitarian assistance to Hmong in Laos jungle to verify and to prove that Lao PDR government targeted Hmong in Laos' jungle.
Though Human Right Watch, Asia Division Deputy Director, Phil Robertson said " I have not seen that letter from the Lao government to allow access to those areas. Again we have seen no indication from the Lao government that they are prepared to allow that access".
Furthermore, he mentioned that:
" We are not able as an organization to go to that area. So it becomes very difficult for an outsider organization like Human Rights Watch to be able to say these are the facts on the ground. Because we have not been able to go in and verify those facts. You know we take it very seriously that we have to be able to verify and confirm information before we are going to report it. And right now what we have is a number of serious allegations but no way to be able to thoroughly check those."
But what is much more challenging then that is what Jill McArdle, Advocacy Assitant for GHA for international justice has added:
" Until the access issue has addressed the access to the region itself, for international overservers and for media and for journalists, until that is addressed, until access to information is addressed until we can properly receive information, share information, verify information, about what happened in the region, we can't move forward, we are suffocating or seeking a solution for the Hmong in that region"
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Dr. Lee Pao Yang however, disagreed with Phil Robertson and said, that is the Human Rights Watch's perspective but he will pursue this complaint with UN Human Rights Council with whatever evidences that he has and will have his lawyer verified those evidences.
He stated that he has tried every means necessary and possible channels to deal with Lao government officials in regarding to the mistreatment of Hmong people in Laos jungle, either raising concerns about Hmong plight and dialogue with Lao ambassadors to the United States of America in Washington DC, or through lobbying this issue with the United Nations and the but it is no use. Laos keeps denying it has anything to do with or do any wrongdoing to the Hmong in Laos' jungle, said Dr. Yang.
Therefore, the only option left to be taken is legal action. Currently Dr. Yang is hiring Karen Parker JD, an experienced Human Rights Lawyer that has been dealing with Human Rights issues for the past three decades to represent his agency to seek justice and self-determination for Hmong people with the United Nations Human Rights Council to put an end to this heinous crimes in Laos and it must stop.
"To seek justice and self-determination for Hmong people" Said Dr. Lee Pao Yang.
Dr. Lee Pao Yang also added "On what ground Lao PDR government has the rights to kill and torture Hmong in Laos' jungle to justify it's means. Hmong are human and should be treated with respects and dignity under the Lao's Constitutions rather than be hunted like animal as international media, the BBC New Online's reported." For instance according to an article published by published on Wednesday, 2 July 2003, 10:19 GMT 11:19 UK by Kate McGeown, Andrew Perrin a journalist from Time Asia magazine, one of three Western reporters who have met Hmong in Laos jungle claimed:
"These people are hunted like wild animals" said Andrew Perrin.
Lao government officials said that there are some bad people just would like to utilize Western Media to attack Lao government and to portray a bad image about Laos.
However, "it is just a complaint case and cannot be regarded as legal case "according to Phil Robertson, Deputy Director for Human Rights Watch, Asia Division.
Moreover, Mr. Phil Robertson said that obviously it is vital to note that "we are opened to examine any sort of information or cases that are presented to us. I mean I've looked at some of the things that has been alleged by the organization and you know it seems to be that they adding different things sort of talking about yellow rain, to genocide to very different complaints. My advise to them would be focus on the facts that you can confirm, and then proceed from there. Uh you know, making wild claims uh but it was never proven. And so you know, there need to be focus on facts, to make sure that claims are made about serious human rights abuse by the Lao government are taking seriously by the international community. Because unless that happened, people are not paying any attention."
Mr. Robertson said:
"You know I would not use the word genocide. I don't think that that claims have been proven. And I think that there need to be much more research done about what is taking places in Laos, in terms of the allegations that the Hmong community has made about community of Hmong has been isolated and starved or cut off in places around Phoubia these traditional areas."
Nonetheless, Jill McArdle from UNPO and Hmong World Congress People claimed have had regular contact with Hmong in Lao's jungle through satellite phone to update the current situation that is happening to them or whether through smuggling video as evidence pass Laos through Thailand with whatever means they can.
Recent case of American Civil Rights lawyer, Herman Franck which represented Hmong I, launching legal action under the Alien Tort Claims Act at California Supreme Court accused Lao government over genocide, citing it violated Peace Treaty (The 1973 Vientiane Ceasefire Agreement) and Geneva Convention on Civil Rights which the US government and the Lao government both have blood in their hand killing the Hmong. As the then US president Dwight Eisenhower and the then king of Laos made it possible to sent the USA CIA to implemented a secret war in Laos. Because of this incident, after the ceasefire, the new regime in Laos then commenced its atrocities against the Hmong people, blaming them siding with the foreign imperialist and see them as traitors to Laos.
Mr. Franck claimed the Laos government has requested the US government to dismiss the case under the base of functional immunity. But it did not attended the case so it was regarded as "Default Proceeding" case. However, there are some cases Mr. Franck asserted, if they are involved war crimes, there is no immunity.
"To put an end to this alleging crimes in Laos and it must stop," said Dr. Lee Pao Xiong.
But as a matter of fact, Phil Robertson from Human Rights Watch said, "My first question will be whether US court sees that it has any sort of jurisdiction over such issues or claims. You know I think that raising these issues and proving these issues are two different things."
So far as we know, Mr. Robertson said" there hasn't been anything from the Security Council. What we have is the universal periodically review mechanism from the UN Human Rights Council which look at the situation in Laos and has made condemnation of what they have been doing. But again that is a mechanism where recommendations are made to the government of Laos, the government of Laos decides which ones it is going to accept. And you know, they do this in the public forum, so it is a bit of embarrassing for a government to go through, but it doesn't have any sort of binding mechanism to be able to force the Lao to do something."
SBS Radio Hmong Program has contacted Lao PDR government Office in Laos and Permanent Mission of the Lao People's Democratic Republic to the United Nations in New York USA for their perspective but they are not available for comments.#
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