TNAG-1800-FCO40-2560-Hong-Kong-Vietnamese-refugees-principle-of-first-asylum-1988 — Page 209

CONFIDENTIAL

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It is partly with these couiderations in mind that wo [raise the question whether an international instrument cheild not

be prepared to deal with the status of refugees who are in tha camtry of rafugo on a lavia other then lawfully within the raining of the 1951 UN Convention and Protocol. An intanational inɔtzumant governing the atatus of much pazzona could not caly provido humanitarian standards for their protection but also provisions ca international solidarity, including mediate assistives to a Stats kurdanied bayond the capacity of its resources, and on durable solutions, including voluntary repatriation. Ch the matter of edmission, a provision could be included that a person Desking asylun and who mayta the criteria for m asyles shall receive at losst temporary refuge.

The inducement to countries who are not party to the 1951 UN Convention or the Protocol to become parties to such an instrument might be the provisions on international solidarity and cooperation in burdan-sharing. At the same time, it would be clear that the

ba humanitarian nature of tha refugee situation required not only international provisions for assistance hut also provisions for the protection of refugees, cince the political, economic and humanitarian uspects are inextricably lound together.

We believe that the matters raised in this romazzavium warrant serious consideration. We hope that at the forthecaning rooting of the Sub-Camittee on Protoction there will be a renewed discussion of the large-scale influx oituation and that the question of the inproved intamational protection of refugeas in such situations will be discussed with a view to determining the principles which should guide the conduct of States, and what steps should be taken for the progressive development of international refugee law.

·CONFIDENTIAL