repatriation from Hong Kong outlines general principles on which
other regional agreements are likely to be based.
While most countries party to the present dialogue
(including Vietnam) insist that any repatriation of persons be
strictly voluntary, the normal implication of a status
determination program is that persons determined not to be
refugees or qualified legal immigrants would be subject to
deportation. The draft Plan states that "persons determined not
to be refugees must return to their country of origin in
accordance with international practices reflecting the
responsibilities of states towards their own citizens."
problematic, as neither the conditional guarantees nor the
diplomatic arrangements necessary to ensure the safe deportation
of non-refugees to Vietnam presently exist.
Vietnam's
This is
Experience with Thailand's screening program for Laotian
asylum seekers suggests that even where agreed to in principle,
the deportation of persons without refugee status can not be
effectively and safely carried out in the absence of close
cooperation between the countries concerned.
willingness to cooperate with the international community in this
regard will be crucial. Without it, those determined by
countries of first asylum not to be refugees would be stranded in
a sort of "legal limbo", without adequate guarantees of long term
protection or durable solutions.
With regard to the matter of voluntary repatriation as a
durable solution for bona fide refugees, the experience of the
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