CONFIDENTIAL
FM HONG KONG
TO IMMEDIATE FCO
TELNO 176
OF 15050OZ JANUARY 90
CONFIDENTIAL
HKB 243 / 15
RECEIVED IN »
¡Y
30 JAN1990
DESK OFFICEK
INDEX
هلالي
USTRY
mon Taken
INFO IMMEDIATE UKMIS GENEVA HANOT
015116
MDHIAN 2486
Q DIST ?
~
UKMIS GENEVA TELNO 11: VIETNAMESE BOAT PEOPLE: UNACCOMPANIED MINORS
1. WE HAVE HELD A SERIES OF DISCUSSIONS WITH UNHCR CHONG KONG) ON UNACCOMPANIED MINORS. TWO OUTSTANDING ISSUES ARE UNRESOLVED:
A) THE UNHCR HAS PROPOSED DEFINING AN UNACCOMPANIED MINOR AS ANY PERSON UNDER 18 WHO IS NOT ACCOMPANIED BY AT LEAST ONE OF HIS NATURAL PARENTS. WE DO NOT BELIEVE THIS IS SATISFACTORY. AS IN MANY CASES MINORS ARE CLEARLY, WITH THE CONSENT OF THE PARENTS, IN THE CARE OF ADULT RELATIVES SUCH AS BROTHERS, SISTERS, GRANDPARENTS OR UNCLES AND AUNTS. WE BELIEVE THAT, IN THE FIRST INSTANCE WE SHOULD ONLY TREAT AS UNACCOMPANIED THOSE MINORS UNACCOMPANIED BY ANY CLOSE ADULT RELATIVE WHO IS UNDERTAKING RESPONSIBILITY FOR THEIR CARE.
B) THE UNHCR HAS NOT ADDRESSED THE IMPLEMENTATION OF DURABLE SOLUTIONS WITHIN THE CONTEXT OF THE CPA. WE BELIEVE THAT WHERE THE RECOMMENDED DURABLE SOLUTION IS FOR A MINOR TO REJOIN HIS OR HER PARENTS IN VIETNAM, UNHCR SHOULD ACCEPT RESPONSIBILITY FOR IMPLEMENTING THE SOLUTION, FOR EXAMPLE, BY SIGNING A CONSENT FORM FOR VOLUNTARY REPATRIATION ON BEHALF OF THE MINOR. UNHCR CLAIMS THAT IT CANNOT ACCEPT THIS RESPONSIBILITY, AND GENERALLY SEEMS UNWILLING TO ADDRESS THE QUESTION OF REPATRIATION, ALTHOUGH AT AN EARLY STAGE IN OUR DISCUSSIONS THEY INFORMED US THAT THE VIETNAMESE WOULD REGARD MINORS REPATRIATED UNDER UNHCR AUSPICES AS VOLUNTARY RETURNEES.
2. DESPITE THESE UNRESOLVED POINTS, WE SEE NO OBSTACLE TO THE IMMEDIATE ESTABLISHMENT OF A UNHCR COMMITTEE INVOLVING NGOS, NOR TO ITS STARTING WORK. ON 22 DECEMBER 1989, THE LOCAL UNHCR OFFICE AGREED THAT ALL THOSE AGED 16 AND OVER AT THE TIME OF ARRIVAL COULD BE DEALT WITH UNDER THE NORMAL SCREENING/REVIEW PROCEDURES. A SPECIALISED IMMIGRATION TEAM WILL SCREEN THESE MINORS: AND THE CHAIRMAN OF THE REFUGEE STATUS REVIEW BOARD (RSRB) HAS AGREED TO GIVE UNHCR AT LEAST 30 DAYS ADVANCE NOTICE OF THE DATE OF REVIEW OF SUCH CASES TO ALLOW IT AMPLE TIME TO PREPARE GROUNDS OF REVIEW IN
CASES OF PARTICULAR CONCERN.
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