the precarious existence of this vulnerable population.

On 23 January, 1989, after years of difficult negotiations,

the UNHCR concluded a repatriation agreement with the Vietnamese-

backed People's Republic of Kampuchea (PRK) in Phnom Penh. The

aide-memoire outlining the agreement provides for the voluntary

return of Cambodian refugees, without respect to their country of

current residence (the term "refugee", in the document, is not

specifically defined). Further, it affirms the principles of

non-discrimination against returnees and equality of rights and

obligations with other citizens resident in Cambodia. The UNHCR,

as the responsible international agency, would facilitate

applications for repatriation, and would assist returnees in

their re-integration through appropriate programs.

The aide-memoire does not specifically address itself to the

situation of the "displaced persons" at the Thai border, but it

does establish a vitally important principle which could serve as

the basis for the long term resolution of their plight.

While this is a hopeful development, a critical problem

remains in the UNHCR's lack of a full protection and durable

solutions mandate with regard to the border population. In the

absence of such a mandate, and without freedom for the displaced

persons to move out from the resistance-controlled camps, it is

questionable whether large numbers of persons would have full and

unhindered access to a UNHCR facilitated program. Further,

without a satisfactory settlement of the Cambodian conflict,

there are no guarantees that persons would be voluntarily

30

Share This Page