A/HRC/27/70
3.
Relocation of refugees
58.
The Special Rapporteur was informed by some civil society organizations about an
imminent agreement between the Governments of Cambodia and Australia for Cambodia to
receive refugees who aimed to claim asylum in Australia, but were intercepted by
Australian authorities, then transferred, detained and processed in Nauru. He stresses that
Australia, as a party to the Convention relating to the Status of Refugees of 1951 and the
Protocol thereto of 1967, recognizes the right of persons to seek asylum from persecution in
another country. In accordance with the 1951 Convention, asylum seekers should in
principle have their claims processed in the country in which they arrive, or in procedures
within the territory of the intercepting State. If found to be refugees, they should be offered
protection there with the full rights under the Convention. Therefore, transferring its duties
to another country, if that is the object and purpose of an agreement, could be a serious
abdication of the responsibilities of Australia, particularly if it does not ensure that the
accepting country meets essential protection standards. This is more so the case if the plan
is to relocate them to a country for which the absorption of refugees may pose a far greater
challenge than for the transferring country. Cambodia, while also a party to the Convention,
is not on equal footing with Australia in terms of rights, opportunities and international
standards of integration. Moreover, as past experience shows with the treatment meted out
to Uighur asylum seekers from China, refoulement is not impossible.
59.
The Special Rapporteur regrets that he was unable to hear the views of the
Government of Cambodia about the issue owing to the unavailability of the Minister of
Foreign Affairs and International Cooperation during his last visit. As the work on a
bilateral agreement with Australia is reportedly advancing quickly, he takes the opportunity
to remind both Governments that before any agreement is concluded and refugees are
transferred to Cambodia, the latter must be prepared to offer refugees the opportunity to
rebuild their lives in safety and dignity. States that do not have essential services in place
are not ready to offer refugees a permanent solution through relocation.
60.
In order to fully guarantee the rights under the 1951 Convention in law and practice,
a sustainable relocation programme requires a solid legislative and policy foundation
providing, among other things, permanent settlement for refugees and the opportunity for
citizenship. Any relocation agreement needs to be put into practice by an adequately
resourced integration programme which will provide the services and support needed by
refugees to adjust to a new society. Integration programmes should include reception of
refugees, accommodation, language training, education, vocational training, employment,
health care and support for family reunification.
61.
Cambodia has obligations to put such a programme in place irrespective of any
agreement with another country, and should demonstrate that a programme is functional
before entering into such an agreement.
62.
The Special Rapporteur takes the opportunity to call upon Australia to abide by its
obligations under the Convention to offer refugees the opportunity to rebuild their lives in
safety and dignity, rather than export that responsibility to another country.
II. Universal periodic review of Cambodia
63.
At its 37th meeting, on 26 June 2014, the Human Rights Council considered and
adopted the outcome of the review of Cambodia conducted during the eighteenth session of
the Working Group on the Universal Periodic Review held from 27 January to 7 February
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