TNAG-0894-FCO40-1104-Refugees-from-Vietnam-in-Hong-Kong-Vietnamese-boat-people-1979 — Page 67

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Action by the UNHCR

6.

Participants might express the wish that the UNHCR (or, if

he cannot act, a body designated to act on his behalf) should

accept responsibility for liaising between the various parties,

and for support of the refugees, from the time when notification

is received of a rescue until resettlement has been effected,

Action by Port States

7.

(i) Participants could call for universal observance of

the principle that states at which a vessel makes its first

scheduled call after achieving a rescue should permit refugees to

disembark and give them immediate temporary asylum, in

cooperation with the UNHCR, until permanent arrangements for

re-settlement can be made. (Note: Impracticable to propose a new

rule of law along these lines: take too long even if acceptable).

(ii) It is for consideration whether the principle in (i)

above should be extended to ports where a vessel calls for reasons

of safety (ie ports of refuge) or where it calls because it is

unable to provide the necessary medical or other facilities for

those on board (ie an emergency call).

Action by Flag or Owning States

8.

Participants could call on Flag states to accept responsibility

in the last resort for the resettlement of refugees picked up by

vessels sailing under their flag; in the case of vessels whose

beneficial owners were nationals or bodies corporate of a state

different from the vessel's flag state, responsibility for accepting

refugees in the last resort should be for negotiation between the

two states. (Note: if proposals for the creation of international

transit centres should be implemented, an alternative to the above

might be that at the discretion of those concerned in a

refugees could be disembarked at such a centre).

rescue, the

/Search and Rescue

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