CONFIDENTIAL
FM HONG KONG
TO IMMEDIATE FCO
TELNO 758
OF 04050OZ MARCH 89
001730
CONFIDENTIAL
нко
MDHIAN 5265
HKD 24319
TOP Q DAY
OPY
INFO IMMEDIATE KUALA LUMPUR,
UKMIS GENEVA
KUALA LUMPUR: PLEASE PASS TO COLVIN, VISITING
(83)
YOUR TELNO 557: VIETNAMESE BOAT PEOPLE: REPATRIATION
1. WE HAVE NO DIFFICULTY WITH THE LINE SET OUT IN TUR ON MANDATORY REPATRIATION. SEEN FROM HERE, YOUR APPROACH IS SUFFICIENTLY COMPREHENSIVE AND FLEXIBLE TO ALLOW US TO
TAKE ACCOUNT OF LOCAL SENSITIVITIES WHILE REMAINING IN STEP WITH
YOUR THINKING AND STATEMENTS. WE WOULD INDEED LIKE TO PUT A SLIGHT DIFFERENT GLOSS ON THE LINE SET OUT IN THE FIRST SENTENCE IN PARAGRAPH 4 OF TUR. THIS WOULD AMOUNT TO NO MORE THAN REVERSING THE ORDER OF THE TWO MAIN COMPONENTS IE THE LOGIC OF THE SITUATION IS THAT ALL THOSE SCREENED OUT MUST ULTIMATELY RETURN TO VIETNAM BUT FOR THE PRESENT WE ARE FOCUSING OUR EFFORTS ON THE VOLUNTARY REPATRIATION PROGRAMME.
2. WE UNDERSTAND UNHCR SENSITIVITIES ON THE MANDATORY REPATRIATION ISSUE AND THAT WE HAVE TO PROCEED CAUTIOUSLY IF WE ARE TO REMAIN IN STEP. AT THE SAME TIME WE FEEL THAT WE CANNOT ALLOW STATEMENTS FROM UNHCR ALONG THE LINES IN UKMIS GENEVA
TELNO 114 TO GO UNCHALLENGED. UNHCR HAVE BEEN INSTRUMENTAL IN THE PREPARATION OF THE CPA WHICH (PARTICULARY IN THE FIRST AND SECOND DRAFTS) ACKNOWLEDGES THE PRINCIPLE OF MANDATORY REPATRIATION. THE UNHCR ARE ANXIOUS TO ESTABLISH SCREENING IN THE REGION BASED ON THE MODEL DEVELOPED IN HONG KONG AND WE THINK IT IMPORTANT THAT THE
LOGIC OF THIS POSITION BE RECOGNISED IE THAT THERE IS NO POINT IN ESTABLISHING SCREENING PROCEDURES UNLESS THERE IS A MECHANISM TO DEAL WITH THOSE PEOPLE WHO DO NOT QUALIFY FOR REFUGEE STATUS. UNHCR OFFICIALS HAVE STATED REPEATEDLY THAT THE PREFERRED DURABLE SOLUTION FOR SUCH PEOPLE IS REPATRIATION. IF VOLUNTARY REPATRIATION PROVES TO BE UNEQUAL TO THE PROBLEM, THEN IT IS HARD TO SEE HOW UNHCR CAN AVOID THE ISSUE OF MANDATORY REPATRIATION.
3. UNHCR MIGHT ARGUE THAT THE PEOPLE WHO DO NOT QUALIFY AS REFUGEES FALL OUTSIDE ITS MANDATE. THIS WOULD NOT SQUARE WITH UNHCR'S ROLE IN THE PREPCON AND NOR WOULD IT BE CONSISTENT WITH THE