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The conference resulted in a Comprehensive Plan of Action (CPA), adopted by seventy-five countries, that changed the prior system-automatic resettlement in exchange for temporary asylum-by introducing individual screening for refugee status.Persons found not to be refugees would be returned voluntarily or by force.Although the flow of refugees dropped dramatically at first, by the late 1980s the refugee camps were becoming increasingly crowded as asylum-seekers continued to arrive and resettlement to third countries declined.By May 1989, the refugee caseload in Malaysia had again surpassed 20,000, and Thai and Malaysian authorities were again turning away boats of refugees.83In response, a second Geneva conference on Indochinese refugees was held in June 1989.Under the 1951 Convention, a refugee is defined as:any person who . Asylum-seekers should be considered to have the same rights as refugees, until such time as it is fairly determined that they do not have refugee status.71ensure that a child who is seeking refugee status or who is considered a refugee in accordance with applicable international or domestic law and procedures shall, whether unaccompanied or accompanied by his or her parents or by any other person, receive appropriate protection and humanitarian assistance in the enjoyment of applicable rights set forth in the present Convention and in other international human rights or humanitarian instruments to which the said States are Parties.72In addition, Malaysia is an observer state on UNHCR's Executive Committee.

All persons in Malaysia, regardless of their immigration status, share certain basic human rights under international law.

The Refugee Convention articulates the principle of non-refoulement in Article 33(1): "No Contracting State shall expel or return (`refouler') a refugee in any manner whatsoever to the frontiers of territories where his life or freedom would be threatened on account of his race, religion, nationality, membership in a particular social group or political opinion."75The principle clearly obligates states not to return refugees to countries that will persecute them.

Some states maintain, however, that they are not barred from returning refugees to safe third countries, but it has been strongly argued that:[n]on-refoulement requires that a state be certain that an asylum-seeker who is sent to a third country will not be deliberately exposed to a threat of serious harm, including threats from a third country, and that the individual is being sent to a third country which is willing and able to provide protection.

Accordingly, beginning in August 1989, the Vietnamese asylum-seekers already in Malaysian refugee camps were individually screened for refugee status.

Although Malaysian military officers actually conducted the screening, UNHCR legal consultants observed and played an active part in the screening interviews.

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Many of the Rohingya whom Human Rights Watch interviewed had been deported and had reentered several times, including one man who had been through the cycle eight times in eleven years.63 At each step in the cycle, the Rohingya are susceptible to bribery by unscrupulous police officers and immigration officials.

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