TNAG-1905-FCO40-2709-Hong-Kong-Vietnamese-refugees-voluntary-and-mandatory-repat-1989 — Page 436

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FM KUALA LUMPUR

TO IMMEDIATE FCO

TELNO 156

OF 090715Z MARCH 89

INFO IMMEDIATE HONG KONG, UKMIS GENEVA

구

CH

19

016471 MDHIAN 5992

FROM UK/HONG KONG DELEGATION TO PREPCON ON INDO-CHINESE REFUGEES YOUR TELNO 147: VBPS: ATTITUDE OF UNHCR TOWARDS COMPULSORY REPATRIATION

1. WE HAVE SPOKEN TO HOCKE AND OTHER SENIOR UNHCR OFFICIALS, INCLUDING VIEIRA DE MELLO AND MCNAMARA. ALL CONFIRMED SEPARATELY THE LINE IN UKMIS GENEVA TELNO 114 THAT UNHCR CANNOT CAND WILL NOT) BE INVOLVED AS THE EXECUTING AGENCY IN ANY PART OF THE COMPREHENSIVE PLAN OF ACTION (CPA) WHICH ENTAILS COMPULSORY/ INVOLUNTARY REPATRIATION OF VBPS TO VIETNAM. THAT SAID, THEY FULLY ACCEPT THAT VIETNAM HAS AN OBLIGATION TO ITS OWN CITIZENS WHO ARE NOT REFUGEES AND FOR WHOM REPATRIATION (VOLUNTARY OR INVOLUNTARY) IS THE ONLY OPTION.

2. UNHCR READILY ACKNOWLEDGE THAT INVOLVEMENT IN THE VOLUNTARY REPATRIATION ASPECTS OF CPA IS TECHNICALLY OUTSIDE THEIR MANDATE, AS IT INVOLVES REPATRIATION OF NON-REFUGEES (IE THE SCREENED-OUT). HENCE THEIR EARLIER EMPHASIS ON AND PREFERENCE FOR THE TERM ''ASYLUM SEEKERS EXCLAM''. IN THE ABSENCE, HOWEVER, OF ANOTHER SUITABLE UN ORGANISATION, IT HAS IN THIS AREA, AS ELSEWHERE, EXTENDED ITS GOOD OFFICES WITH THE BLESSING OF THE UNHCR EXECUTIVE COMMITTEE IN THE WIDER HUMANITARIAN CAUSE.

3. CPA PRESRVES UNHCR'S FORMAL POSITION ON NON-INVOLVEMENT IN COMPULSORY REPATRIATION. ITS ROLE AS THE TEXT MAKES CLEAR, IS LIMITED TO INVOLVEMENT IN VOLUNTARY REPATRIATION, IN LINE WITH TERMS OF UNHCR/SRV MEMORANDUM OF UNDERSTANDING OF 13 DECEMBER 1988. THE MOU ONLY REFERS TO VOLUNTARY RETURN. UNHCR'S INVOLVEMENT IN THE VOLUNTARY RETURN OF NON-REFUGEES REFLECTED THE IMMEDIATE POLITICAL REQUIREMENT OF THE MAJOR RESETTLEMENT COUNTRIES TO FIND AN INTERNATIONAL ORGANISATION WITH A HUMANITARIAN MANDATE ABLE TO DELIVER RE-INTEGRATION ASSISTANCE TO RETURNEES AND, MORE IMPORTANTLY, TO MONITOR THEIR RETURN AND RE-INSTALLATION IN VIETNAM TO ENSURE THAT THE SRV'S GUARANTEES ON NON-PUNISHMENT ARE FULLY RESPECTED.

Sit 158

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