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5. AT THE PRESENT TIME, NONE OF THE CONDITIONS CITED ABOVE EXIST FOR VIETNAM AND CAMBODIA. ALTHOUGH THE RAY PANEL AND OTHERS RECOGNIZE THE CHANGING COMPOSITION OF THE FLOW FROM INDOCHINA, THEY ALSO RECOGNIZE THAT IT IS IMPOSSIBLE FOR THOSE WHO HAVE LEFT TO RETURN SAFELY UNDER CURRENT CONDITIONS. THEIR RECOMMENDATIONS CENTER ON DEVELOPING ALTERNATIVE DURABLE SOLUTIONS, INCLUDING VOLUNTARY REPATRIATION PROGRAMS AND MEANS OF DISCOURAGING THE FLOW OF NON-REFUGEES.
6.
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PARA 6 ALSO ASKS WHETHER WE ARE INCLINED TO QUESTION THE 1979 GENEVA CONFERENCE CONCLUSION THAT ANY PERSON IRREGULARLY LEAVING INDOCHINA IS A DE FACTO REFUGEE" THIS WORDING MAY HAVE BEEN USED AS AN INFORMAL WORKING DEFINITION AT A TIME OF CRISIS IN THE REFUGEE PROGRAM. HOWEVER
HOWEVER, THE UNHCR REPORT ISSUED AT THE CONCLUSION OF THE CONFERENCE DOES NOT MENTION A DEFINITION OF REFUGEE ACCEPTED BY THE PARTICIPANTS. REPORT LISTS RESULTS OF THE MEETING AS AGREEING TO A) UNDERTAKE URGENT EFFORTS TO REDUCE THE BACKLOG BY RESETTLEMENT ON A LARGER AND FASTER SCALE THAN HITHERTO; B) ESTABLISH A MEANS OF ORDERLY DEPARTURE FROM VIETNAM; AND C) ESTABLISH PROCESSING CENTERS.
7.
THE
THE GENEVA CONVENTION RELATING TO THE STATUS OF REFUGEES (1951) DEFINES THE TERM "REFUGEE", AND THAT WORDING IS PART OF THE DEFINITION CF REFUGEE USED IN SECTION 101 (A) (42) OF THE IMMIGRATION AND NATIONALITY ACT. THE CONVENTION LEAVES THE DETERMINATION OF REFUGEE STATUS TO THE INDIVIDUAL STATE PARTIES, AND IN ANY EVENT, ESTABLISHES NO OBLIGATION ON THE STATE PARTIES TO ADMIT REFUGEES.
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8. PARA 7 NOTES THE OPINION OF BRITISH NGOS THAT BORDER KHMER SHOULD BE CLASSIFIED AS REFUGEES AND FUT UNDER THE UNHCR. IT IS
IT IS THE ROYAL THAI GOVERNMENT WFICH REGARDS THE KHMER ON ITS BORDER AS TEMPORARILY DISPLACED PERSONS. NOT "LEGALLY IN THAILAND, WHO ARE EXPECTED TO RETURN TO CAMBODIA WHEN THE SECURITY SITUATION PERMITS. THE USG AND OTHER MEMBERS OF THE INTERNATIONAL COMMUNITY SUPPORT THE THAI POSITION, AND HAVE PROVIDED ASSISTANCE TO THE UN BORDER RELIEF OPERATION (UNBRO) THE INTERNATIONAL COMMITTEE OF THE RED CROSS (ICRC) AND PRIVATE VOLUNTARY AGENCIES (MORE THAN DOLS. 12 MILLION IN FY86).
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9. IN RECOGNITION OF THE NEED FOR A HUMANITARIAN PROGRAM OF FAMILY REUNIFICATION THE USG, WITH TRAI CONCURRENCE, RECENTLY BEGAN TO PROCESS KHMER FROM THE
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