Mr Haswell
HKD
CONFIDENTIAL
Reference
HKB
040, 9
VIETNAMESE REFUGEES: FOLLOW UP TO OD
1.
Thank you for sending a copy of Mrs Walton's recent letter and attached draft OD paper.
2. It may be worth re-emphasising the relevant UK obligations under the UN 1951 Refugee Convention and 1967 Protocol relating to the Status of Refugees. Article 21, on housing,
states:
3.
"As regards housing, the contracting states, in so far as the matter is regulated by laws or regulations or is subject to the control of public authorities, shall accord to refugees lawfully staying in their territory treatment as favourable as possible and, in any event, not less favourable to that accorded to aliens generally in the same circumstances".
Para 10 of the draft OD paper takes some account of this in stating that the proposed policies "do not discriminate between refugees and native Britons". I note from para 11 however that the proposals in paras 7 and 8 are likely to be controversial and could be represented as discrimination against immigrant ethnic minorities. Proposed legislation to give effect to such policies would need to be carefully considered in the light of our international obligations under the Refugee Convention.
4.
I conclude that the informal measures outlined in paras 3- 5 of the draft paper are presentationally and (presumably) legally preferable. It might be worth reminding OD of the terms of Article 21 of the Refugee Convention. Para 6 of the current draft gives an opportunity: we do not want to show favouritism to refugees (as the draft states), but neither can we be less favourable to them than to other "aliens" or, if possible to UK citizens.
CC:
Mrs E M Walton, HMP, DOE Mr Rankin, Legal Advisers
CODE 18-77
PSCAIT
Minhagen
R Gwynn
United Nations Department K 155
270 2497
CONFIDENTIAL
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