TNAG-1970-FCO40-2803-Hong-Kong-Vietnamese-refugees-repatriation-1989 — Page 11

2.4

2.5

At the present rate, it could take up to 7 years to get through the current caselaod. Up to February this year no appeals have been decided by the Security Branch (most people appealed). When UNHCR consultants have interviewed the people to prepare the appeal, often substantive new information has come to light, and, sometimes, Immigration officials have been willing to re-interview. This will, of course, prolong the 7-year wait for some.

It would therefore seem unacceptable that:

a)

b)

c)

d)

e)

f)

g)

h)

the definition of 'refugee'

refugee' is too narrowly interpreted; 'guilt' rather than 'innocence' is assumed;

the process of interviewing asylum seekers is cumbersome and inhibits effective information gathering, trust and clear communication;

there is no independent body examining the file;

the procedure is designed as a deterrent rather than a genuine decision to establish refugee status or not; monitoring resources are grossly limited;

the appeal procedure is inadequate and resources are extremely limited;

the length of wait is intolerable.

Condition in Detention Centre

3.

3.1

4.

3.2

3.3

There are 2 centres - Chimawan and Heilingchau, having about 10,000 people. Conditions are appalling; there is over- crowding, no privacy, no education and limited recreation facilities. Large numbers of inmates are children. The Centres are run by the Correctional Services Department. All the conditions which exist in the previous closed camps exist here including harrassment, compounded by massive frustration and a sense of hopelessness.

Previous closed camp policy was meant to act as a deterrent and failed to do so. It is wholly unacceptable on any basis to maintain people in conditions of this nature, especially as it seems likely that people will remain in them for considerable periods of time while:

a) their applications are heard

b)

c)

their appeals are heard

if they fail, waiting there before the Vietnamese Government will agree to have them back.

Few, if any, NGOs are operating in these camps. no publicly known plans to change this situation.

There are

3.4 The conditions of prolonged and indefinite detention of

people who have committed no crime contravene any interna- tionally agreed humanitarian principles or guidelines.

Guarantees of safety on return after forced repatriation

4.1

Although this is academic at the moment, since the Vietnamese Government is refusing to receive forced returnees, there is, nonetheless, no publicly available information about how safety could be monitored.