Thursday, July 13, 2006

POSSIBILITY OF LIVE POW/MIAs, AND FACILITATING THE RETURN OF THOSE WHO REMAIN IN SOUTHEAST ASIA

Issue:

VVA has formally acknowledged the possibility of live Americans being left in Southeast Asia at the end of the Vietnam War. The issue of those Americans who remain unaccounted for as a result of the Vietnam War is still a matter of great concern for members of Vietnam Veterans of America and all Americans.

Background:

Many members of VVA believe that American POWs and MIAs were left behind at the end of the Vietnam War. Testimony and documents gathered over the years, and those documents disclosed during the Senate Select Committee on POW/MIA Affairs hearings and the Military Personnel Subcommittee of the 104th Congress, add considerable weight to this belief. VVA has been and continues to be actively involved in attempts to arrive at the fullest possible accounting of American POWs and MIAs. Through the resolution process, the VVA POW/MIA Committee is directed to research, analyze, and seek information regarding our POW/MIAs. In addition, the Veterans Initiative project is designed to provide the opportunity for a veteran-to-veteran dialogue regarding information that may eventually help resolve the fate of many Americans. So that it may be presented at appropriate times during discussions, VVA leaders need to know the position of the members regarding the possibility of live Americans who have been unable to return home. There continue to be reports and indications of Americans living by choice or otherwise in Vietnam and elsewhere in Southeast Asia. Whether in prisoner status or not, it is in the interests of family members and Vietnam Veterans of America that VVA provide whatever assistance possible to facilitate the return of these Americans, if they so desire, with no punitive action by U.S. authorities.

Resolved, That:

Vietnam Veterans of America, recognizes and acknowledges that the preponderance of information substantiates that there exist the possibility that there may be live American POWs and/or other Americans held against their will from the Vietnam War that are unable to return home, and directs that the POW/MIA Committee and the Veterans Initiative Task Force in their efforts must bring to the discussion this position. VVA also urges that all intelligence documents concerning this issue must be declassified, that should a missing American surface in those countries, such an individual would not face punitive action or monetary penalty, and that the U.S. government would take further steps to facilitate repatriation of any such American, and the immediate family members, if any, who choose to return to the United States. VVA stands ready to facilitate the return of any missing American who has been living in Southeast Asia or any other foreign country since the end of the Vietnam War and to provide legal assistance as determined by the National Board of Directors of VVA on a case-by-case basis to such an individual regardless of status.

Further, VVA will seek and support legislation that protects such an individual and/or his family from punitive action or monetary penalty.

Financial Impact Statement: In accordance with motion 8 passed at VVA January 2002 National Board of Directors meeting which charges this committee with the reviewing of its relevant Resolutions and determining an expenditure estimate required to implement the Resolution, presented for consideration at the 2005 National Convention; this committee submits that implementation of the foregoing Resolution shall be at no cost to National.

HONORING ALL RETURNED POW’S, AND GIVING

RECOGNITION OF AMERICAN CIVILIANS HELD AS POW/INTERNED DURING WWII

(PM-4-95, PM-10-95 & PM-11-99)

Issue:

For many Vietnam-era veterans, the prospect of capture and imprisonment was an auxiliary burden added to the possibility of death or disability, resulting from service in Southeast Asia.

Recognizing the suffering and hardship endured by 18,745 American civilian prisoners of war during World War II.

Recognition of extraordinary service rendered to resolve the issue of prisoners and missing from the Vietnam War and other conflicts.

Background:

In early 1973, Vietnam released 591 prisoners of war. These and others who escaped or were released earlier deserve the respect of all Vietnam veterans for their sacrifices and hardships.

During World War II, American civilians were incarcerated by the Axis nations. This violated international human rights principles. These civilians were subjected to barbaric prison conditions and endured torture, starvation, and disease. Their sacrifice has never received formal recognition.

Substantial resources and personnel of the U.S. government and its citizens have been and are being dedicated to bringing resolution to the issue of prisoners and missing from the Vietnam War and other conflicts.

Resolved, That:

Vietnam Veterans of America declares its respect and admiration for those of our fellow comrades-in-arms of the Vietnam War and all of this nation’s wars who endured and survived captivity. VVA also extends to the families of ex-POWs our deepest respect. VVA urges all of its chapters and state councils to seek opportunities to honor local ex-POWs and their families.

VVA recognizes the suffering and hardship endured by American civilian prisoners of war during World War II and commends these brave men and women and their families for their extraordinary service to our nation. Furthermore, VVA desires that Congress enact legislation to formally recognize the sacrifices of these individuals.

Further, VVA commends the extraordinary service rendered by those public servants, military personnel, and citizens who have devoted their life, vocation, time, and personal resources to resolving the issue of prisoners and missing from the Vietnam War and other conflicts.

Financial Impact Statement: In accordance with motion 8 passed at VVA January 2002 National Board of Directors meeting which charges this committee with the reviewing of its relevant Resolutions and determining an expenditure estimate required to implement the Resolution, presented for consideration at the 2005 National Convention; this committee submits that implementation of the foregoing Resolution shall be at no cost to National.

AMERICANS MISSING IN LAOS AND CAMBODIA

(PM-2-95 & PM-9-95)

Issue:

The United States of America and the governments of Laos and Cambodia currently have diplomatic relations. The pace of resolution of the remaining cases of Americans missing in Laos has improved; however, it is slow, there are still unresolved cases of Americans missing in Cambodia. There is a need to have multiple border crossing from Laos to Cambodia and from Cambodia to Vietnam. As of this date, approximately sixty-seven Americans still remain unaccounted for in Cambodia. There is a need to continue increasing the number of investigations concerning Americans missing in Laos.

Background:

During the Vietnam War diplomatic relations with Laos were never broken and continue to this day. Prior to and during the war, the central Laotian government was neutral. The communist faction that was active during the Vietnam War is now the governing party of Laos.

Efforts at securing information relating to missing Americans in Laos have heretofore been focused on the Vietnamese government because a large majority of U.S. losses in Laos were in areas controlled by the North Vietnamese forces. As of this date, approximately 381 Americans still remain unaccounted for from Laos.

Efforts at securing information on Americans missing in Cambodia have been stymied due to relationships between Vietnam and Cambodia. Many unresolved cases being investigated in Cambodia require a crossing of borders from Cambodia to Laos and Laos to Cambodia. As of this date, approximately sixty-seven Americans still remain unaccounted for in Cambodia.

Resolved, That:

Vietnam Veterans of America strongly recommends that:

1. The governments of Laos and Cambodia continue to exhibit and increase cooperation in granting unrestricted access to its territory, records, and witnesses to incidences of missing Americans.

2. The United States government provides all resources necessary in Laos and Cambodia to insure the fullest possible accounting of those Americans missing in Laos and Cambodia.

3. The governments of Laos, Cambodia and Vietnam cooperate with the United States on the following points:

(a) The governments of Laos and Cambodia continue to expedite and permit unannounced live-sighting investigations and unfettered access to, and spontaneous interviews with witnesses by U.S. investigators.

(b) The governments of Laos and Cambodia continue to issue multiple-entry visas to U.S. teams investigating POW/MIA cases in the border areas between Vietnam, Cambodia and Laos.

(c) The governments of Laos and Cambodia continue to issue multiple-entry visas to U.S. teams investigating POW/MIA cases in the border area between Laos and Cambodia.

4. VVA commends the Laos government for its increased cooperation with the U.S. government in resolving cases of U.S. service personnel unaccounted for in Laos, and urges the Laos government to increase the pace and scope of these activities.

5. Failure to provide the above required assistance will result in a recommendation by VVA to the U.S. government to downgrade or discontinue diplomatic relations with Cambodia.

Financial Impact Statement: In accordance with motion 8 passed at VVA January 2002 National Board of Directors meeting which charges this committee with the reviewing of its relevant Resolutions and determining an expenditure estimate required to implement the Resolution, presented for consideration at the 2005 National Convention; this committee submits that implementation of the foregoing Resolution shall be at no cost to National.

DECLASSIFICATION OF INFORMATION AND DILIGENT EFFORT

(PM-1-95 & PM-3-95)

Issue:

Virtually all of the factual information regarding live Americans in Vietnam and elsewhere in Southeast Asia is in classified documents that are unavailable to all but intelligence agency personnel. In recent years, continuing allegations of incompetence, dishonesty, disinformation, and lack of diligent effort have been leveled against the U.S. government and its principal agencies for their failure to resolve the status of American personnel still unaccounted for. In addition, a previously released congressional report, charge that the U.S. government demonstrated at minimum a lack of diligence in demanding an accounting of those missing in action or known to have been taken prisoner.

Background:

For a number of years, there have been reports as well as much speculation, personal opinion, and hypothesis that there are living Americans being held against their will in Southeast Asia. In the absence of factual information, incomplete or false information has been circulated in this country and in Southeast Asia. With respect to POW/MIAs in Southeast Asia, these allegations, if true, contradict the public commitments by former Presidents Reagan, Bush, and Clinton that resolution of the POW/MIA issue is ‘of the highest national priority’. These allegations have evoked proposals for congressional and internal agency investigations. While these investigations may reveal the existence and extent of any lack of diligence, they may equally distract government resources from the continuing search for answers as to the fate of those still missing.

Resolved, That:

Vietnam Veterans of America acknowledges the U.S. government efforts to accelerate the declassification of those documents and materials essential to the resolution of this issue, and further to publish and disseminate this material to interested parties upon request. Realizing there is still much to be done, VVA strongly urges and supports the continuing efforts to declassify all intelligence reports and all other classified documents related to American POW/MIA’s. Such declassified documents shall respect legitimate concerns for U.S. intelligence methods, the privacy of families, and the freedom and safety of the source of the information.

Furthermore, VVA affirms that the repatriation of any live prisoner of war merits substantial priority over the return of remains and other issues that are the subject of negotiation between the U.S. and Vietnamese governments. VVA calls for the substantial upgrading of intelligence-collection and analysis capability, including on-the-ground resources and new personnel in the evaluation process.

Finally, VVA most forcefully urges all parties to this controversial issue to immediately cease and desist in recriminations regarding alleged "misinformation," "cover-up," and "conspiracy" and instead focus all energies toward obtaining the fullest and most complete answers possible to the compelling and agonizing questions which remain regarding the fate of missing Americans in Southeast Asia. VVA continues to demand the U.S. government’s commitment to act decisively to return any Americans confirmed in captivity and urges Congress to request an investigation by the General Accounting Office (GAO) of activities by current or former government officials responsible for the POW/MIA accounting process.

Financial Impact Statement: In accordance with motion 8 passed at VVA January 2002 National Board of Directors meeting which charges this committee with the reviewing of its relevant Resolutions and determining an expenditure estimate required to implement the Resolution, presented for consideration at the 2005 National Convention; this committee submits that implementation of the foregoing Resolution shall be at no cost to National.

FULLEST POSSIBLE ACCOUNTING OF POW/MIAs IN VIETNAM

(PM-8-95)

Issue:

Vietnam Veterans of America has a long-established position opposing further normalization of diplomatic and economic relations between the United States and Vietnam until the fullest possible accounting of POW/MIAs lost in the Vietnam War has been achieved.

Background:

At every opportunity, VVA has urged the United States government to continue to press the Vietnamese government to increase its unilateral efforts and to demonstrate greater cooperation by facilitating follow-up of live sighting reports, expanding its participation in joint remains recovery efforts, opening its wartime archives, and helping to locate Vietnamese citizens and soldiers who witnessed incidents of loss. Since the establishment of the Joint Task Force Full Accounting (JTF-FA) in early 1992, U.S. officials directly involved with the accounting process have claimed that the Vietnamese government has recently demonstrated increased cooperation in resolving the fate of American POW/MIAs and that American field investigators have been able to follow up live sighting reports with very little prior clearance by local Vietnamese officials, and that the number of joint remains recovery teams operating throughout Vietnam has increased. Despite U.S. government claims, American specialists have been given only limited access to Vietnamese national and local wartime archives and to witnesses of incidents of loss. Vietnam has provided alleged witnesses for trilateral investigations with American and Laos teams in those areas of Laos controlled during the war by Vietnamese armed forces; however, Vietnam has not yet provided relevant documents to help resolve such cases.

U.S. government officials attribute Vietnam’s increased cooperation for joint activities to the lifting of the trade embargo in February 1994 and the agreement to open embassies in Washington and Hanoi.

Even these U.S. government officials, however, have reported that the Vietnamese government has not been fully candid about information it is believed to have on MIAs last known to be alive and those who died in captivity, as well as other discrepancy cases.

On July 11, 1999, despite the opposition of VVA and other veterans and family organizations, President Clinton announced the establishment of diplomatic relations with Vietnam. On May 9, 1999, this decision resulted in the opening of an American embassy in Hanoi and Vietnam’s embassy in Washington, D.C. There are, however, further steps in the ‘normalization’ process that have not yet been taken, such as extending Overseas Private Investment Corporation (OPIC) insurance, which safeguards private investments in foreign countries, and Normal Trade Relations (NTR) status, which greatly reduces tariffs on goods imported from NTR countries.

Resolved, That:

Vietnam Veterans of America strongly urges that:

1. The President of the United States continue, as a matter of highest priority, to press the Vietnamese government for the fullest possible accounting of POW/MIAs lost in the Vietnam War through both joint and unilateral activities.

2. Priority of effort be placed on accounting for a) any American POW/MIAs who may still be alive in Southeast Asia, and b) those last known alive or known to have died in captivity.

3. The President measure progress on fullest possible accounting by the four criteria established in 1994 by the Clinton administration:

a) Concrete results from efforts on Vietnam’s part to recover and repatriate American remains;

b) Continued resolution of remaining discrepancy cases, live sightings, and field activities;

c) Further assistance in implementing trilateral investigation with Laos; and

d) Accelerated efforts to provide all POW/MIA-related documents that will help lead to genuine answers. VVA endorses the definition of ‘fullest possible accounting’ that has been accepted by the major veterans service organizations and the National League of Families of American Prisoners and Missing in Southeast Asia: namely, the repatriation of a live American POW/MIA, the return of his remains, or compelling evidence why neither of these is possible. VVA affirms that the impact of our position on this issue is strengthened when we are able to work cooperatively with these other organizations.

With respect to OPIC, NTR status, and other steps toward normalization of relations with Vietnam, VVA most strongly urges the President to certify to Congress and the American people that the Vietnamese Government has demonstrated measurably increased unilateral efforts that have yielded concrete results in terms of accounting for American POW/MIAs. Moreover, VVA urges the President to hold to his commitment to the major veterans service organizations and the National League of Families of American Prisoners and Missing in Southeast Asia to seek their input prior to considering such decisions.

Financial Impact Statement: In accordance with motion 8 passed at VVA January 2002 National Board of Directors meeting which charges this committee with the reviewing of its relevant Resolutions and determining an expenditure estimate required to implement the Resolution, presented for consideration at the 2005 National Convention; this committee submits that implementation of the foregoing Resolution shall be at no cost to National.

PUBLIC AWARENESS AND EDUCATION ON THE POW/MIA FLAG

(PM-6-95, PM-12-01 & PM-13-01)

Issue:

Over 1,885 Americans who served in the armed forces during the Vietnam War in Indochina are still unaccounted for. This nation is deeply indebted to its veterans for their courage and sacrifice and should demonstrate its dedication to those missing and to their families for the fullest possible accounting of those still missing.

In 1971, Mrs. Michael Hoff, a MIA wife and member of the National League of Families, recognized the need for a symbol of our POW/MIAs. Prompted by an article in the Jacksonville Florida Times-Union, Mrs. Hoff contacted Norman Rivkees, Vice-President of Annin & Company, which had made a banner for the newest member of the United Nations, the People’s Republic of China, as part of their policy to provide flags to all United Nations member states. Mrs. Hoff found Mr. Rivkees very sympathetic to the POW/MIA issue, and he, along with Annin advertising agency, designed a flag to represent our missing men. Following League approval, the flags were manufactured for distribution.

There is no consistency among VVA units displaying or carrying colors regarding the use or position of the POW/MIA flag in official VVA represented events or meetings. There is no U.S. government publication specifying the protocol for use or display of the POW/MIA flag.

Background:

On March 9, 1989, an official League flag, which flew over the White House in 1988, for National POW/MIA Recognition Day, was installed in the U.S. Capitol Rotunda as a result of legislation passed overwhelmingly during the 100th Congress. In a demonstration of bipartisan congressional support, the leadership of both Houses hosted the installation ceremony. The League’s POW/MIA flag is the only flag ever displayed in the U.S. Capitol Rotunda where it will stand as a powerful symbol of national commitment to America’s POW/MIAs until the fullest possible accounting has been achieved for U.S. personnel still missing and unaccounted for.

On August 10, 1990, the 101st Congress passed U.S. Public Law 101-355, which recognized the League’s POW/MIA flag and designated it as the symbol of our Nation’s concern and commitment to resolving as fully as possible the fates of Americans still prisoner, missing and unaccounted for in Southeast Asia, thus ending the uncertainty for their families and the Nation.

Vietnam Veterans of America recognizes the importance of the League’s POW/MIA flag lies in its continued visibility, a constant reminder of the plight of America’s POW/MIAs. Other than ‘Old Glory’, the League’s POW/MIA flag is the only flag ever to fly over the White House, having been displayed in the place of honor on National POW/MIA Recognition Day in 1982. With passage of Section 1082 of the 1998 Defense Authorization Act during the first term of the 105th Congress, the League’s POW/MIA flag will fly each year on six designated federal holidays: Armed Forces Day, Memorial Day, Flag Day, Independence Day, National POW/MIA Recognition Day, and Veterans Day on the grounds or in public lobbies of major military installations as designated by the Secretary of Defense, all Federal National Cemeteries, the National Korean War Veterans Memorial, the National Vietnam Veterans Memorial, the White House, the United States Postal Service post offices, and at the official offices of the Secretaries of State, Defense, Veteran Affairs, and Director of the Selective Service System.

Resolution PM-6-99, POW/MIA Flag & Public-Awareness Campaigns, states that “VVA supports …organizations committed to generating public awareness on the POW/MIA issue… ”The National League of Families is such an organization. The League of Families has published documentation suggesting the use and positioning of the POW/MIA Flag.

Resolved, That:

Vietnam Veterans of America desires that Congress enact legislation that allows and recommends the flying of the POW/MIA flag be flown daily at all facilities owned and operated by the U.S. government, including U.S. postal services facilities and the Vietnam Veterans Memorial. VVA urges state, county, and municipal governments to enact similar legislation. In addition, VVA will continue to participate in and encourage meaningful public-awareness programs aimed at keeping our organization in the forefront of seeking solutions to these issues. VVA supports responsible efforts on the part of groups and organizations committed to generating public awareness on the POW/MIA issue, provided that such programs are responsible, non-confrontational, respectful of our fallen and missing comrades, and consistent with VVA's convention resolutions.

Vietnam Veterans of America further encourages and supports compliance of U.S. Public Law 101-355. We further resolved to continue our efforts to educate public officials and others on the history and meaning of the POW/MIA flag and it’s proper display under P.L. 101-355.

Furthermore, Vietnam Veterans of America recognizes that any official VVA function displaying the national colors should include the POW/MIA flag; the POW/MIA flag shall be posted or flown to the immediate left of the national colors. All other flags used in the display shall be flown to the left of the POW/MIA flag following published guidelines for positioning protocol.

Financial Impact Statement: In accordance with motion 8 passed at VVA January 2002 National Board of Directors meeting which charges this committee with the reviewing of its relevant Resolutions and determining an expenditure estimate required to implement the Resolution, presented for consideration at the 2005 National Convention; this committee submits that implementation of the foregoing Resolution shall be at no cost to National.

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