Sir Arthur Watts Legal Adviser
M'Edwants
Reference
Or (MK) verfor Mr Hasayell
VIETNAMESE BOAT PEOPLE (VBP): LEGAL ASPECTS
3
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Human Rights Wit says if yonok tot a pesor whe be on are Murano of a substantial 1. In your minute of 6 June to Mr McLaren you suggested we might explore the extent to which Vietnamese actions could be regarded as putting Vietnam in breach of its obligations under the International Covenant on Civil and Political Rights.
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2. We could no doubt claim that Vietnam was violating some of the rights recognised in the Covenant and that this was contributing to the exodus of Vietnamese Boat People. such an accusation would, however, undermine the case for classifying most VBPs as economic migrants rather than refugees. If a returned VBP were to be tortured or otherwise deprived of his rights under the Covenant Vietnam would be in breach of its obligations. If the VBP had not returned voluntarily, so would we.
3.
I conclude that, trying to use the Covenant to pressurise the Vietnamese, would most likely backfire on us.
HKB 243/42
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8 June 1989
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CC: Mr Gillmore
Mr Mclaren
Mr Edwards, Legal Advisers
Mr Paul, HKD
Mr Brenton, UND
Mr Whomersley, Legal Advisers
CODE 18-77
CB2ABW