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AIDE MEMOIRE

Mr Harwell, HK1) (249)

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CONDITIONS OF THE BOAT PEOPLE WHO HAVE RETURNED TO VIETNAM

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1. In the Memorandum of Understanding signed in 1988 by the United Nations High Commissioner for Refugees and the Vietnamese Assistant Minister for Foreign Affairs, the following provisions were agreed:

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"In the framework of a voluntary repatriation programme, the two sides have agreed to cooperate on the basis of the following principles and conditions:

a) The SRV Government states that persons who leave the country illegally commit an offence and are subject to the provision of the law in that respect. However, within the framework of its humanitarian policy, the SRV Government will ensure that the voluntary return from the countries of first asylum will take place in conditions of safety and dignity in conformity with national and international law. This would include the waiver of prosecution and of punitive and discriminatory measures.

b) The SRV will ensure that such persons would be allowed to return to their place of origin. If return to the place of origin is not feasible, they will be allowed to return to a comparable place of their choice subject to the approval of the local authorities.

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c) UNHCR will seek to obtain the necessary funds for appropriate reintegration assistance to returnees under this present understanding which would be aimed at helping such persons to resume normal life in the shortest possible time. Such humanitarian assistance would be limited in scope and would cover such areas as transportation, reception and initial installation. UNHCR may engage with the consent of the SRV, other international, intergovernmental, or non-governmental organisations for the implementation of one or various sectors of assistance

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