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Refugee crises · 1989

Was the CPA humane or a retreat from the right to asylum?

The seminar question: “Was the Comprehensive Plan of Action a humanitarian solution to the boat-people crisis or a retreat from the principle of asylum?”

In the 1980s responses to the boat people shifted to deterrence: Thailand adopted ‘humane deterrence’ in 1981 and Hong Kong held all arrivals after July 1982 in closed camps. From June 1988 Hong Kong screened arrivals to separate refugees from migrants, and in June 1989 the Comprehensive Plan of Action made screening the norm.

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Map of Comprehensive Plan of Action (1989)
1989 · UPROOTED: REFUGEES IN EUROPE 1945–1960 AND INDOCHINA 1975–1990

The 1979 Geneva bargain depended on two movements occurring together. Countries near Vietnam would give arrivals temporary refuge, and Western countries would offer them permanent homes. Departures continued, however, while resettlement places became scarcer. Regional officials also believed that each family accepted abroad encouraged others to leave: generous resettlement, in their view, created a ‘pull factor’. If that was right, making the journey less rewarding might reduce the number waiting on their shores.

The short answer

THE TURNING POINT

Geneva, 14 June 1989, and the Whitehead camp. The CPA adopted at Geneva changed the question put to Vietnamese arrivals. Since 1975 they had been presumed to be refugees; after the cut-off dates each had to establish a fear of persecution, and those who could not were to return. At Whitehead, a fenced Hong Kong detention center, screened-out families waited for that decision’s consequences. The exodus ended by 1996, while protection under the international refugee regime had been narrowed to a smaller category of people.

What it changed

Screening becomes the norm. In the 1990s individual screening became a model for asylum systems around the world, as Europe received refugees from Yugoslavia and arrivals from farther afield. The CPA showed both the promise of a hearing and the danger of officials disbelieving applicants. Chapter 12 compares it with group recognition of Hungarians in 1956, when individuals were not asked to prove a personal fear.

Return as a solution. UNHCR came to prefer voluntary repatriation in the 1990s, including in Cambodia, Mozambique and Afghanistan, after it had been rejected for most displaced persons following 1945. The CPA was an early test of return to a state people had fled, accompanied by international monitoring. Some emphasize the lives protected; others emphasize choices denied. Its experience also showed how difficult the boundary between voluntary and forced return could be.

A diaspora formed. The crisis created a worldwide diaspora. By 1995 about 2.5 million Indochinese had found homes abroad, more than a million in the United States, with large communities in Canada, Australia and France. The Amerasian and Humanitarian Operation programs added about 90,000 and 167,000 people respectively. Communities remember 30 April 1975 as ‘Black April’ in California and Journey to Freedom Day in Canada; the epilogue returns to those memories.

Cambodia comes home. The Paris agreements of 1991 and the UN transitional authority made return possible. In 1992–93 more than 360,000 Cambodians went home from the border, and Site 2 and Khao-I-Dang closed. For most returnees this was the outcome they wanted, fourteen years after the crisis began. The epilogue compares their long wait with Europe’s speedier settlement.

The full answer, argued

The CPA restored an opportunity denied by the push-backs of 1979: every arrival received first asylum and an individual hearing. Departures fell, camps emptied by 1996, recognized refugees were resettled, and UNHCR monitored returnees, documenting few cases of punishment. These achievements matter. But the hearing also became the means of restricting who could leave for a new home. The plan was designed to reduce the number recognized; critics documented defective interviews, years of detention and the forced return of December 1989. Hong Kong recognized about 19 percent of applicants. The CPA protected asylum in form while shrinking it in practice, accepting host states’ view that most later arrivals were migrants. Its record shows how much protection depends on the decision about who does not qualify.

An interesting fact

A photograph helped bring about the Amerasian Homecoming Act. In 1985 Newsday photographer Audrey Tiernan photographed Le Van Minh, a boy with polio fathered by an American serviceman, living on the streets of Ho Chi Minh City. Four students at Huntington High School on Long Island saw it and collected 27,000 signatures asking that he be brought to the United States. Their congressman, Robert Mrazek, flew to Vietnam in 1987 and brought Minh home. He then wrote the law; after it took effect in March 1988, about 23,000 Amerasians and 67,000 relatives emigrated under it.

This is the study layer of Comprehensive Plan of Action, chapter 11 of Uprooted: Refugees in Europe 1945–1960 and Indochina 1975–1990; the full index of the atlas is here.

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