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HKD 243/5
HV
C37ABK
Reference.......
From:
G J Dorey
27 JUL 1988
Date:
CC:
CSCE Unit
26 July 1988
Mr Millett, UND
Mr Footman,
HKD
Mr Daltrop, Legal
Advisers
PA 88
Mr Godson, SEAD
VIETNAMESE BOAT PEOPLE: DEMARCHE BY THE EC TWELVE
1.
As I said to you on the telephone yesterday, I very much share the concern expressed in your minute of 25 July to Mr Daltrop.
2.
There can be no such things as "illegal departures" from any country, in a sense which we would recognise, outside the category of individuals who are subject to the due processes of law. Both in the UN and CSCE we have been at pains to make clear that everyone has a basic right to leave and return to their own countries: they have no equivalent right, of course, to enter another country. We have criticised the Soviet Union and Eastern Europeans on many occasions about their system of exit visas (which we are attempting currently to undercut in the Vienna CSCE negotiations). They would welcome an opportunity to highlight an inconsistency in our position.
3.
In my mind there is no doubt that the reference to "illegal departures" must be removed from the text of the demarche, particularly if it is ever to be made public, and an alternative expression substituted. Nor do I believe we should "urge the Vietnamese authorities to take effective steps to control illegal departures ", though we could legitimately urge them to solve the underlying problems which have led to the flood of refugees. Equally, it would be entirely consistent with our UN stance to encourage the Vietnamese authorities to repatriate refugees who had been unable legally to enter other countries. I therefore have no problems with the phrase " ... and to make suitable arrangements to take back all those Vietnamese who are found not to be genuine refugees", nor with the remainder of the draft. demarche.
4.
In the event of any disagreement within the Office on these points, I would wish to involve Mr Ratford (who I feel sure would share my views) in the discussion.
thaiver
G J Dorey
CODE 18-77
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