TNAG-1796-FCO40-2556-Hong-Kong-Vietnamese-refugees-repatriation--including-Opera-1988 — Page 172

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026473

MDHIAN 1756

PART WE REGARD THIS

WITH THOSE VIIS WHO

AS A HOOK

ARE TO BE

ON WHICH TO HANG UNHCR INVOLVEMENT

REPATRIATED.

6.

PARAGRAPH A(1) COVERS THE UNHCR'S CONCERNS OVER ACCESS. THE

TEXT ACKNOWLEGES A GENERAL RIGHT OF ACCESS FOR UNHCR OFFICIALS TO ALL ASYLUM SEEKERS, REFUGEES AND SCREENED-OUT PERSONS FOR THE PURPOSE

OF DISCHARGING THEIR PROTECTION AND ASSISTANCE RESPONSIBILITIES.

THEY HAVE SUCH ACCESS AT PRESENT AND THE ACKNOWLEGEMENT THEY NOW SEEK PRESENTS US WITH NO DIFFICULTIES. SIMILARLY, ACCESS TO LEGAL ADVICE PRESENTS US WITH NO MAJOR PROBLEMS. PARAGRAPH A(1) LIMITS

ACCESS TO LEGAL ADVICE FOR LEGAL PROCEEDINGS AND APPEALS I.E IT

EXCLUDES LEGAL ADVICE FOR THE PREPARATION FOR SCREENING INTERVIEWS.

UNDER PRESENT LAW LEGAL AID WOULD NOT BE AVAILABLE TO APPELLANTS,

AND THERE WOULD BE NO POLITICAL SUPPORT HERE FOR ANY CHANGE IN THE

LAW.

7

PARAGRAPH A (3) COVERS THE PROVISIONS OF SERVICES BY VOLUNTARY

AGENCIES IN THE DETENTION CENTRES. WE HAVE ALREADY AGREED TO ALLOW

CERTAIN AGENCIES (FAMILY PLANNING ASSOCIATION AND WORLD RELIEF) TO

HAVE ACCESS TO THE DETENTION CENTRES. WE ARE READY TO ALLOW

FURTHER VOLUNTARY AGENCIES ACCESS ON THE BASIS OF THEIR SERVICE

RATHER THAN ANY CLAIMED PROTECTION ROLE. IN THE LONG RUN WE JUDGE

THAT DENIAL OF ACCESS WILL NOT BE TENABLE, SO WE INTEND TO RELAX OUR PRESENT STAND, BUT WITHOUT IMPLYING THAT WE ACCEPT ANY NEED TO BE MONITORED BY PRESSURE GROUPS.

8. PARAGRAPH A(4) IMPOSES A RECIPROCAL OBLIGATION ON THE UNHCR, ARISING FROM THEIR GENERAL RIGHT OF ACCESS, TO REPORT ALL COMPLAINTS, COMMENTS AND OBSERVATIONS ON CONDITIONS OR INCIDENTS TO THE CENTRE MANAGEMENT.

9. SECTION B ESTABLISHES THE CREDENTIALS OF THE SCREENING AND

APPEALS PROCEDURES. IT CONFIRMS OUR ADHERENCE TO UNHCR GUIDELINES

AND THEIR INVOLVEMENT IN THE PROCESS.

10.

SECTION C CONTAINS TWO STATEMENTS OF INTENT WHICH ARE OF

PARTICULAR IMPORTANCE TO THE UNHCR. WE ARE PREPARED TO RELAX THE

REGIME IN THE DETENTION CENTRES AND TO OPERATE THEM ALONG THE SAME

LINES AS THE CLOSED CENTRES. WE ARE CONTENT TO OPERATE THEM ON

THIS BASIS BECAUSE THE PROGRESSIVE LIBERALISATION OF THE PRESENT

CLOSED CENTRES WILL ENABLE US TO MAINTAIN THE DISTINCTION BETWEEN

REFUGEES AND VIIS.

11.

THE UNHCR HAVE BEEN CONCERNED ABOUT OUR PRACTICE OF LOCKING THE

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