TNAG-1800-FCO40-2560-Hong-Kong-Vietnamese-refugees-principle-of-first-asylum-1988 — Page 184

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ANNEX

THE CONCEPT OF TEMPORARY REFUGE OR ASYLUM AND THE UNHCR

1977-1981

1.

The UNHCR Sub-Committee on International Protection was established in 1977 to help deal with problems caused by the many exoduses of the 1970's including that of displaced persons from Indo-China. The first wave of these began in 1975 following the fall of Saigon. It meets two days before the annual session of the UNHCR Executive Committee.

2.

The High Commissioner submitted his Note of August 1979 on International Protection (flag A) at the UNHCR's 30th Session of the Executive Committee. This noted inter alia the increasing difficulties encountered by refugees leaving their country of origin by sea. The Commission also stated that his role was adversely affected by the fact that many states had not acceded to the principal international refugee instruments and placed emphasis on the need to grant temporary admission in a territory to all persons seeking asylum while requests for admission were examined. considered there was a need to reaffirm the standards of treatment defined in basic international refugee instruments, which a refugee could expect to receive.

3.

He

The debate on international protection (flag B) at the 30th Session (October 1979) reiterated these points and discussed the significance of the concept of temporary refuge particularly concerning a large-scale influx of asylum seekers. This problem had been raised by the Australians at the previous Sub-Committee meeting. Their paper expressed the view that "refoulement" was connected with the concern of some countries at the lack of international solidarity and cooperation in burden- sharing. They considered that a mechanism should be established linking admission of refugees with international solidarity. The debate at the Executive Committee session also noted that temporary refuge did not imply that asylum-seekers could be returned to their country of origin at a later time, rather it implied that burden-sharing arrangements in the international community were required. It was subsequently suggested that the concept of temporary refuge be re-examined by the Sub-Committee of the Whole on International Protection.

4. The Executive Committee finally reached a large number of conclusions, which included in the General Principles for refugees without an asylum country that "it is the humanitarian obligation of all coastal states to allow vessels in distress to seek haven in their waters and to grant asylum, or at least temporary refuge, to persons on board wishing to seek asylum" (see Conclusion 15 (XXX) in

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