Vietnam: Information on the situation of failed asylum seekers returning from abroad and whether they face criminal charges
| Publisher | Canada: Immigration and Refugee Board of Canada |
| Author | Research Directorate, Immigration and Refugee Board, Canada |
| Publication Date | 1 April 1997 |
| Citation / Document Symbol | VNM26592.E |
| Cite as | Canada: Immigration and Refugee Board of Canada, Vietnam: Information on the situation of failed asylum seekers returning from abroad and whether they face criminal charges, 1 April 1997, VNM26592.E, available at: https://www.refworld.org/docid/3ae6ab5434.html [accessed 10 October 2022] |
| Disclaimer | This is not a UNHCR publication. UNHCR is not responsible for, nor does it necessarily endorse, its content. Any views expressed are solely those of the author or publisher and do not necessarily reflect those of UNHCR, the United Nations or its Member States. |
According to Country Reports 1996,
In 1988 Vietnam signed a memorandum of understanding with the United Nations High Commissioner for Refugees (UNHCR) to increase acceptance of voluntary repatriates, provided that there was financial assistance. The agreement included a commitment to waive prosecution and punitive measures for illegal departure from Vietnam of persons who return under the UNHCR Voluntary Repatriation Program. Vietnam also agreed to permit the UNHCR to monitor the returnees through direct visits. More than 106,000 Vietnamese have returned voluntarily. The UNHCR, which extensively monitors those who have repatriated voluntarily, reports that they do not face retribution or discrimination. There was no credible evidence to substantiate claims that refugees returning under UNHCR auspices were harassed because of their status as returnees (1997, 84).
The attached UNHCR report states that the UNHCR is presently monitoring the situation of 88 Vietnamese who were arrested and detained after returning, and has ascertained that none have been persecuted for leaving the country illegally (June 1996, 22). Please consult the attached 20 January 1997 Time article for a critique of the UNHCR's monitoring role in Vietnam. The attached articles from Agence France Presse (AFP) and South China Morning Post provide information on the arrests of specific individuals who have been repatriated to Vietnam.
Also please find attached media articles that provide general information on the situation of failed asylum-seekers returned to Vietnam, and on the treatment of returnees abroad who have been unable to have the legal status of their right to citizenship verified by Vietnamese authorities.
This Response was prepared after researching publicly accessible information currently available to the DIRB within time constraints. This Response is not, and does not purport to be, conclusive as to the merit of any particular claim to refugee status or asylum.
References
Country Reports on Human Rights Practices for 1996. 1997. United States Department of State. Washington, DC: United States Government Printing Office.
United Nations High Commissioner for Refugees (UNHCR). June 1996. Special Report: Comprehensive Plan of Action: The Indo-Chinese Exodus and the CPA. UNHCR: Geneva.
Attachments
Agence France Presse (AFP). 6 December 1996. "Vietnam: Deportees Detained, Suspected of Plotting Overthrow." (FBIS-EAS-96-236 6 Dec. 1996) [Internet] , [Internet] [Accessed 4 Apr. 1997]
Bangkok Post. 4 January 1997. "Thailand: Vietnamese Refugees in Limbo, Hanoi Begins Tough Screening." (FBIS-EAS-97-003 4 Jan. 1997) [Internet] , [Internet] [Accessed 4 Apr. 1997]
_____. 4 September 1996. "Thailand: More Vietnamese Refugees' Repatriation Planned." (FBIS-EAS-96-172 4 Sept. 1996) [Internet] , [Internet] [Accessed 4 Apr. 1997]
Business World [Manila]. 28 February 1996. "Philippines: More on Reversal of Policy on SRV Refugees." (FBIS-EAS-96-040 28 Feb. 1996) [Internet] , [Internet] [Accessed 4 Apr. 1997]
Saigon Giai Phong [Ho Chi Minh City, in Vietnamese]. 27 September 1996. "Vietnam: UNHCR Finances Small Projects for Returnees in Vietnam." (FBIS-EAS-96-194 27 Sept. 1996) [Internet] , [Internet] [Accessed 4 Apr. 1997]
South China Morning Post [Hong Kong]. 27 February 1997. Emma Batha and Greg Torode. "Hong Kong, China: Sending Home All Boat People by 30 Jun 'Looking Impossible'." (FBIS-CHI-97-040 27 Feb. 1997) [Internet] , [Internet] [Accessed 4 Apr. 1997]
_____. 11 February 1997. Jane Moir. "Hong Kong, Vietnam: Medical Group Criticizes Return of Sick Boat People." (FBIS-CHI-97-028 11 Feb. 1997) [Internet] , [Internet] [Accessed 4 Apr. 1997]
_____. 7 January 1997. Jane Moir. "Hong Kong: Former Vietnamese Green Berets Win Repatriation Reprieve." (FBIS-CHI-97-004 7 Jan. 1997) [Internet] , [Internet] [Accessed 4 Apr. 1997]
_____. 22 October 1996. Emma Batha. "Hong Kong: Hanoi Team to Help Reduce Backlog of Boat People." (FBIS-CHI-96-206 22 Oct. 1996) [Internet] , [Internet] [Accessed 4 Apr. 1997]
_____. 30 September 1996. Greg Torode. "Hong Kong: Vietnam Not to Accept All Boat People." (FBIS-CHI-96-190 30 Sept. 1996) [Internet] , [Internet] [Accessed 4 Apr. 1997]
_____. 20 May 1996. Greg Torode. "Jailed Returnee a Priority Case." (NEXIS)
_____. 20 November 1995. Greg Torode. "Probe into Jailing of Returnee." (NEXIS)
_____. 20 October 1995. Greg Torode. "Defiant Returnee Arrested in Vietnam." (NEXIS)
_____. 7 January 1995. Scott Mckenzie and Greg Torode. "Vietnam Refuses to Give Timetable for Reviews." (FBIS-CHI-95-005 7 Jan. 1995) [Internet] , [Internet] [Accessed 4 Apr. 1997]
Sunday Hongkong Standard. 19 May 1996. Helen Przygodzki. "Hong Kong: Government Unlikely to Clear Camps Before Handover." (FBIS-CHI-96-099 19 May 1996) [Internet] , [Internet] [Accessed 4 Apr. 1997]
Time [New York]. 20 January 1997. Tim Larimer. "Sometimes You Can Go Home Again." (NEXIS)
United Nations High Commissioner for Refugees (UNHCR). June 1996. Special Report: Comprehensive Plan of Action: The Indo-Chinese Exodus and the CPA. UNHCR: Geneva, pp. 6-13, 21-22.
