TNAG-1972-FCO40-2805-Hong-Kong-Vietnamese-refugees-repatriation-1989 — Page 106

repatriation from Hong Kong outlines general principles on which

other regional agreements are likely to be based.

While most countries party to the present dialogue

(including Vietnam) insist that any repatriation of persons be

strictly voluntary, the normal implication of a status

determination program is that persons determined not to be

refugees or qualified legal immigrants would be subject to

deportation. The draft Plan states that "persons determined not

to be refugees must return to their country of origin in

accordance with international practices reflecting the

responsibilities of states towards their own citizens."

problematic, as neither the conditional guarantees nor the

diplomatic arrangements necessary to ensure the safe deportation

of non-refugees to Vietnam presently exist.

Vietnam's

This is

Experience with Thailand's screening program for Laotian

asylum seekers suggests that even where agreed to in principle,

the deportation of persons without refugee status can not be

effectively and safely carried out in the absence of close

cooperation between the countries concerned.

willingness to cooperate with the international community in this

regard will be crucial. Without it, those determined by

countries of first asylum not to be refugees would be stranded in

a sort of "legal limbo", without adequate guarantees of long term

protection or durable solutions.

With regard to the matter of voluntary repatriation as a

durable solution for bona fide refugees, the experience of the

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