TNAG-0892-FCO40-1102-Refugees-from-Vietnam-in-Hong-Kong-Vietnamese-boat-people-1979 — Page 149

FCO40 Hong Kong Department Records 聯邦事務部香港部檔案 All

E/1979/95 page 12

48. A Handbook on Procedures and Criteria for the Determination of Refugee Status has been prepared by the Office for the guidance of Governments pursuant to a request of the Executive Committee at its twenty-eighth session. English, French and Spanish versions, in an advance nimeographed edition, have been distributed to Governments of States parties to the 1951 Convention and the 1967 Protocol. The possibility of trans? ations into other languages is under consideration and it is anticipated that the final printed versions will become. available for distribution to Governments in the course of 1979.

49. The question of the extraterritorial effect of the determination of refugee status was considered in depth by the Executive Committee at its twenty-ninth session on the basis of a report submitted to the Sub-Committee of the Whole on International Protection. In its conclusion adopted on this matter, 13/ the Executive Committee inter alia emphasized the essentially international character of refugee status as defined under the 1951 Convention and the 1967 Protocol and "Recognized, therefore, that refugee status as determined in one Contracting State should only be called into question by another Contracting State in exceptional cases when it appears that the person manifestly does not fulfil the requirements of the Convention, e.g. if facts become known indicating that the statements initially made were fraudulent or showing that the person concerned falls within the terms of a cessation or exclusion provision of the 1951 Convention". 19/

D. Voluntary repatriation

50. One of the principal functions entrusted to the High Commissioner under the Statute of his Office is to assist Governments to facilitate voluntary repatriation of refugees, which is naturally the most desirable solution to refugee problems. Voluntary repatriation may, of course, take place without any involvement of UNHCR. The Office is, however, frequently called upon to facilitate voluntary repatriation both for individuals and for groups of refugees, and in so doing it has to approach the competent authorities of countries of origin with a view to overcoming any particular obstacles involved and, where necessary, to pay travel costs. The later chapters on assistance activities provide details of UNHCR's involvement in mass repatriation operations during the period under review. Voluntary repatriation is frequently encouraged by the granting of an amnesty by the authorities of countries of origin of refugees. Several such amnesties have been issued during the reporting period. When the Office is called upon to facilitate voluntary repatriation in such cases it also seeks to ensure that the terms of the amnesty as to the conditions of return of refugees are observed.

18/ Ibid., para. 68(2). 19/ Ibid., para. 60(2)(g).

Comments

Approved members can add comments, bookmarks, and private notes.

No comments yet.

Private Research Note

Private notes are available after approval.