know others who have illegally escaped and been caught? (If so, request names and circumstances.)
What do you think will happen to you if the government prosecutes you? (jail, for how long, reeducation) Why do you think that might happen? Do you know others to whom that has happened? (If so, request names and circumstances.)
Will you be able to earn a livelihood if you return? If not, why not? Do you know others to whom that happened? (If so, request names and
circumstances.)
Will you or your children have full access to education if you return? If not, why not? Do you know others to whom that happened? (If so, request names and circumstances.)
In addition, questions should be added to this section to determine a second issue: whether the applicant personally faces a likelihood and fear of human rights violations if returned to his or her own country. This determination provides an alternative basis for refugee status, or at least provisional asylum, for those who do not meet the narrow definition of refugee established in the Refugee Convention and Protocol.18
This alternative "human rights" inquiry is suggested in the CPA's provision that screening criteria be informed by the 1948 Universal Declaration of Human Rights ("UDHR") and other relevant international instruments.19 Such other instruments include, among others, the 1966 International Covenant on Civil and Political Rights ("ICPR") and the 1966 International Covenant on Economic, Social and Cultural Rights ("TESCR").2
20
Questioning should explore the possible factual situations constituting violations of the UDHR, ICPR, IESCR, and/or those documents noted above. In the Vietnamese context, these situations include the following: (1) arbitrary arrest and imprisonment without trial or fair trial; (2) torture and inhuman or degrading punishment; including death by torture and psychological control; (3) forced draft, or prosecution for evading the draft, to serve in the internationally condemned war in Kampuchea despite conscientious objection; (4) prosecution and/or punishment for leaving or returning to the country; (5) discrimination in access to education; (6) discrimination in access to work of free choice and forced work without pay; and (7) harassment and/or force used to require nonsecret voting.21
The Vietnamese resettled abroad after 1975, who have living experience with Communism, are particularly equipped to help provide factual background in the human rights area to enable accurate questioning and evaluation.
6