18/08/89
18:53
UK MISSION GENEVA
NO.397
P004/004
agat those who do not return voluntarily, and the lack of an effective protection mechanism, all forcibly repatriated Vietnamese may run substantial risk of prosecution and/or punishment under SRV criminal law for exit-related offenses. Prosecution under the Vietnamese measures violates the right to leave one's own country under article 12 of the ICCPR and articles 3, 5, and 7 of the Draft Declaration on the Right of Everyone to Leave Any Country, including His Own, and to Return to His Country ("Draft Declaration"), which is under consideration in this Sub-Commission's session.
7. Human Rights Advocates has mentioned the United Kingdom and Hong Kong not because they are the worst offenders of forcible return under harmful circumstances but because, in the context of Vietnamese forcible repatriation, their action is likely to lead other countries to follow suit. At issue is not the right to immigrate, or even to receive asylum. As the Human Rights Committee noted in General Comment No. 15," the Covenant does not recognize the right of aliens to enter or reside in the territory of a State party.
However, in cenain circumstances an alien may enjoy the protection of the Covenant even in relation to entry or residence, for example, when considerations of non- discrimination, prohibition of inhuman treatment and respect for family life arise.” U.N. Doc. CCPR/C/21/Rev. 1 at 17 (19 May 1989) (emphasis supplied). Human Rights Advocates urges the Sub-Commission to take appropriate action, such as recognizing in the Draft Declaration the right to be free from forcible repatriation which would subject one to threat of persecution or other human rights violations upon return, appointing a Special Rapporteur to conduct a world-wide study on forcible repatriation, and calling on the governments concerned to respect their obligations.
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