Refugee Status Determination under the Comprehensive Plan of Action (CPA): A Personal Assessment

The Comprehensive Plan of Action (CPA) was adopted in response to continued refugee exodus from Vietnam and the resulting political consequences of what had become a protracted international dilemma. The approach inherent in the CPA was to address in a comprehensive manner all aspects of the problems relating to the Vietnamese Boat People (VNBP), including the causes of their flight. Unlike most other refugee situations, this required the co-operation and participation of the country of origin. Many of the features of the CPA required the participation of the United Nations High Commissioner of Refugees (UNHCR), most notably its active involvement in refugee status determination in countries which had no previous experience in this regard. The objectives of the CPA were to end the flow of non-refugees, determine on an individual basis the refugee status of all VNBPs arriving in first asylum camps, resettle refugees to third countries and return non-refugees to the country of origin. Mass information campaigns in Vietnam were used to explain the CPA and the possibility of legal departure under the Orderly Departure Programme. The main feature, on which all the other elements rested, was the Refugee Status Determination (RSD) of asylum seekers who arrived in first asylum countries after an agreed cut-off date (March 1989). Previously, Vietnamese fleeing their country were resettled under an arrangement agreed by governments participating in the 1979 Geneva Conference. The adoption of the CPA in 1989 brought an end to automatic resettlement and required that all VNBPs arriving after the cut-off date be screened to determine their individual refugee status. Many found this extremely difficult to accept, particularly the Vietnamese Boat People themselves, given the previous fifteen years' practice. It was critical to the success of the CPA that Refugee Status Determination proceedings be fair and that the special historical circumstances of the VNBPs were taken into account. The political environment in which the CPA was drafted recognized that the refugee definition contained in the 1951 UN Refugee Convention and 1967 Protocol would guide the RSD proceedings, but that account should also be taken of other international instruments relating to refugees. It was furthermore acknowledged that humanitarian consideration should be given to the particular situation of the Vietnamese, and that there be respect for maintaining family unity. Interpretation regarding the weight given to each of these factors dictated the screening process and created controversy among the various interested parties. Non-governmental organizations, in particular, felt that increased weight should be given to the humanitarian aspects of the CPA. Others, particularly resettlement countries, were concerned about a too liberal interpretation of the refugee definition and an elastic application of the principle of family unity. In addition, positive changes in Vietnam made it necessary to put increased weight on the requirement to show a well-founded fear upon return. UNHCR was given the task of monitoring the procedures and training the government officials who were to screen the asylum seekers. This paper examines the factors contributing to the RSD process, analyzes their significance and assesses the results of the RSD exercise.