TNAG-1800-FCO40-2560-Hong-Kong-Vietnamese-refugees-principle-of-first-asylum-1988 — Page 201

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

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CONFIDENTIAL

Basically, Australia is not proposing a new concept.

- it is only suggesting the elucidation and elabora- tion of an accepted and well established technique for providing initial international protection. From both the humanitarian and the political points of view, we believe that this elucidation and elaboration is essential. Nothing can be gained; we believe, by the perpetuation of uncertainty in this sensitive and important area. It will only compound international differences and be at the expense of the refugee. In our view, this has been bome out amply by the events of the last few years.

In the Sub-Committee and Executive Committee last year, important conclusions were reached on temporary refuge and international solidarity. We believe that the study of temporary refuge needs to be pursued further, particularly in regard to its relationship to other concepts and principles of international refuge law and to existing legal instruments. Additionally, as existing law contains inadequate provisions for the protection of refugees granted temporary refuge, basic minimum standards should be agreed upon for their protection. The memorandum suggests what those standards should be.

It is an open question whether this study could be undertaken in depth in the Sub-Committee this year. An inter-sessional meeting of experts may be a possi- bility, provided that the study was pursued effectively.

CONFIDENTIAL

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