TNAG-1800-FCO40-2560-Hong-Kong-Vietnamese-refugees-principle-of-first-asylum-1988 — Page 235

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

EC/SCP/16 page 14

(ii) It is therefore essential that asylum-seekers who have been temporarily admitted pending arrangements for a durable solution should be treated in accordance with the following minimum basic human standards:-

(a)

(b)

(c)

(a)

(e)

(£)

(g)

they should not be penalized or exposed to any unfavourable treatment solely on the ground that their presence in the country is considered unlawful and they should not be subjected to restrictions on their movements other than those which are

necessary in the interests of public health and order.

they should enjoy the fundamental rights internationally recognized, in particular those set out in the Universal Declaration of Human Rights;

they should be treated as persons whose tragic plight requires special understanding and sympathy; they should receive all necessary assistance and they should not be subject to cruel, inhumane or degrading treatment;

there should be no discrimination on the grounds of race, religion, political opinion, nationality or country of origin;

they are persons before the law enjoying free access to courts of law and other competent administrative authorities;

the location of asylum-seekers should be determined by their safety and well-being as well as by the security needs of the receiving

State. Asylum-seekers should, as far as possible, be located at a reasonable distance from the frontier of their country of origin. They should not become involved in subversive activities against

their country of origin or any other State;

they should be provided with the basic necessities of life

including food, shelter and basic sanitary and health facilities;

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