TNAG-1800-FCO40-2560-Hong-Kong-Vietnamese-refugees-principle-of-first-asylum-1988 — Page 29

CONFIDENTIAL

It is partly with these couiderations in mind that we [rulag the quastion wether an international instrument absüld not be prepared to deal with the status of rofugees who are in the camtry of refuge on a basis other then lawfully within the banáng of the 1951 UN Convention and Protocol. An international instrument governing the status of much pascent coild not only provido humanitarian standards for thair protection but also provisions en international solidarity, including immediate agaistavco to a State burdened bayond the capacity of its resources, und an durable solutions, including voluntary repatriation. On the matter of edmlusion, a provision could be included that a person cooking anylun and who meets the criteria for an asyles shall receive at lonst temporary refuge.

The inducement to countries who are not party to the 1951 UN Convention or the Protocol to becara partics to such an instument might be the provisions on international solidarity and cooperation in burdan-sharing. At the same time, it would be clear that the humanitarian nature of the rofugee situation required not only international provisions for usalatence but also provisions for tho protection of refugees, since the political, comacmic and humanitarian uspects are inestricably Land together.

We believe that the matters raised in this rozmazavium warrant serious consideration, We hope that at the forthcoming meeting of the Sub-Caumittee on Protection there will ba a renewed discussion of the large-scale influx situation and that the question of the inproved international protection of refugeas in such situations will fe 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.