is effective only if reasons are required; no meaningful appeal is possible otherwise. The requirement to supply reasons also helps ensure that determinations are being made in good faith.23 The CPA directs a period for decision to be prescribed; 30 days is fair in light of the detention which most likely will be imposed on asylum-seekers.
8. Right of appeal to administrative board and judicial review for abuse of
power or bad faith challenge, with legal advice. If at all possible, national appeal boards should consist of non-immigration enforcement officers to avoid a bias toward one side of the case. A right to court review should be allowed to challenge official action as abusive, unauthorized, or in bad faith. Legal advice should be provided under UNHCR auspices. Indochinese lawyers licensed abroad may be of assistance in this regard.
9. Special situations and factors. Procedures in the interviewers' manual should
provide guidelines for dealing with mentally disturbed and unaccompanied minors, including the use of a team of child psychologists and psychiatric experts. In addition, guidelines regarding cultural norms relating to communication across sexual lines or with authority figures should be implemented with the input of Indochinese abroad.2
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III. OVERSIGHT AND ENFORCEMENT MECHANISMS
Oversight and enforcement mechanisms should be implemented to ensure that the determination process is administered consistently and in good faith region-wide.
A.
Role of UNHCR
The CPA provides UNHCR "will participate in the process in an observer and advisory capacity." The implementation of this provision must include full and early assistance to applicants in the pre-screening period, observation in most initial interviews, and provision on appeal of either direct legal representation or delegated duty to private lawyers. The right of UNHCR to question an applicant in the initial interview is highly advisable. A procedure should be agreed upon between all screening nations and UNHCR whereby UNHCR may express its concern regarding any matter in the implementation of the screening process, first to the nation concerned and then to the Coordinating Committee as explained in Part III(B) below.
B.
Role of State Parties to the CPA
Although most of the screening nations are not direct signatories to the 1951 Refugee Convention or its 1967 Protocol (excepting only the Philippines), article 38 of that convention and article IV of the Protocol should be applied by analogy to the state parties to the CPA agreement to require them to protect the integrity of the contract. Under this type of provision, each state party would have authority to bring before the Coordinating Committee a matter of concern involving implementation of the CPA
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