TNAG-1800-FCO40-2560-Hong-Kong-Vietnamese-refugees-principle-of-first-asylum-1988 — Page 193

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

In the ensuing discussion and also in the general debate, a number of representatives stressed the absolute character of the principles established for the protection of refugees and concern was expressed that these principles had been. disregarded in a number of situations in different areas of the world.

50. The special problems arising in situations involving a large-scale influx of asylum seekers were mentioned and their importance stressed by a number of representatives. Such situations called for immediate and effective measures of assistance to countries of first asylum within the context of international solidarity and burden-sharing. It was however generally considered that burden-sharing arrangements were not a precondition for the observance of established international principles for the protection of refugees and asylum-seekers.

One

51. The concept of "temporary refuge" was considered to be of particular significance in situations involving a large-scale influx of asylum-seekers. representative, however, stressed that this concept did not imply that asylum-seekers could be returned to their country of origin at some later time but should be regarded as a signal to the international community that burden-sharing arrangements were required. The view was expressed by another representative that the concept of temporary refuge was difficult to define in juridical terms and should be re-examined by the Sub-Committee of the Whole on International Protection.

52. Mention was made of the precarious situation of asylum-seekers leaving their country of origin in boats. One representative stated that masters of ships flying his country's flag had been specifically instructed to receive such asylum-seekers in distress. A large number of asylum-seekers had been so rescued and had been disembarked against guarantees of resettlement provided by his Government in co-operation with UNHCR. Another representative referred to the widely-accepted principle of disembarkation at the "first scheduled port of call". In accordance with this principle, asylum-seekers rescued on the high seas should be disembarked at that port, against resettlement guarantees, should these be

necessary.

53.

In regard to the problem of identifying the country responsible for examining an individual asylum request, two representatives considered that solutions, in order to be effective, should in the first instance be sought in a regional context.

54. Mention was made of the fruitful results achieved within the Council of Europe

Similar as an example of the solution of refugee problems on the regional level. efforts undertaken within the Organization of African Unity had led to the adoption of the 1969 OAU Refugee Convention and, more recently, to the holding of the Pan-African Conference on the Situation of Refugees in Africa which met in Arusha (United Republic of Tanzania) from 7 to 17 May 1979 and which reaffirmed the applicability of fundamental principles for the protection of refugees in the African context. The work of the Conference could be considered as a major contribution to strengthening the legal position of refugees in Africa and as an example for similar initiatives in other regions,

55. It was considered that further States should accede to the 1951 Convention and 1967 Protocol as a matter of urgency. Several representatives informed the Committee of the action taken or envisaged by their respective Governments regarding accession of the withdrawal of certain reservations.

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