government might consider putting in place before returning people to Vietnam. The first is to ensure that the screening process operates and (has operated) fairly, so that anyone returned can be said with confidence to be a non-refugee. This might imply that before anyone who has been screened in the existing way is returned to Vietnam, there should be a further short-form screening, which could take place along with the counselling implied by UNHCR's reported role under the agreement signed between Britain,, Hong Kong, Vietnam and UNHCR. I believe it might be easy to accomplish if tied into the counselling process itself. I would need to discuss this with UNHCR. The second is a guarantee of access to a protection agency in Vietnam.
I understand that the United Kingdom is considering whether to give aid to Vietnam. I wonder if that aid could be made conditional on the implementation of a scheme to ensure that returnees have access to some form of agency in Vietnam that can monitor their position.
In reality, this is going to be exceptionally difficult, particularly given the fact that provincial authorities may act autonomously from the centre. But it strikes me that there may be a role for neutral embassies as well as UNHCR in the process, funded perhaps by a proportion of the aid itself. Looked at realistically, it may not be the case that a monitoring role for the British embassy would give the greatest degree of confidence at present to Vietnamese returnees. I would have thought that with confidence in the screening procedures, and confidence that adequate efforts are being made to ensure that people are not subject to maltreatment when they return home, repatriating people to Vietnam may be justifiable. But not otherwise, in my view. To cut the corners on either or both of the pre-conditions would, I believe, be wrong.
The Secretary for Security has said that:
"We have received guarantees from the Vietnamese government that no
one who returns will be persecuted for departing illegally and these guarantees have been honoured. UNHCR monitors all returnees and not one single case of mistreatment has come to light."
He may well be right, but those words will not persuade the boat people, and at the time he said them, I believe that it was acknowledged that UNHCR was woefully overstretched. Moreover, the sentiments in the last line have been reflected in many optimistic comments about communist countries which have later been proved wrong. Whether or not that is reason for caution is debatable. I believe that it is, but it is not the real point. The real point is to ask whether without something more being done, the Boat People will be persuaded in sufficient numbers that it may be time to return home.
6.12.
I would like to find out if it is safe for them to go home.
On 3rd
ni. NT ་་ནས
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