III International Responses to the Boat People Tragedy
Detrimental
Impacts
Of Hanoi’s Human Cargoes

In December 1978, the rusty Huey Fong
commissioned by
the Vietnamese communist
regime and piloted by
international
Chinese criminals
showed up
in Hong Kong
with 3,318
refugees.
(Hong Kong Government Information Services)
The Vietnamese communist government’s active role in trafficking its own ‘unwanted’
citizens began to jeopardize the entire boat people protection and
resettlement program commencing with various official protests and then
Malaysia’s proposed ‘shoot on sight’ legislation against all arriving refugees on
June 16, 1979.[1]
During the initial months of the exodus, Malaysia
started out with a more humane policy by providing temporary shelters for
the boat people. Local villagers also helped the arriving refugees with
foods and accommodation. Before Hanoi’s trade
in human misery in mid-1978, Kuala Lumpur rarely turned untrustworthy
refugee boats away; and those seaworthy crafts, which were occasionally
required to depart, received supply of food, fuel and fresh water. In March
1978, Home Affairs Minister Tan Sri Ghazali told Parliament that his
government continued to admit the boat people on humanitarian and
compassionate grounds although it did not consider them ‘refugees.’
A refugee was anyone who, in accordance with his definition, fled from an
ongoing war; and Socialist Vietnam was no longer a theatre of war.
Thanks to Malaysia's liberal policy that allowed refugee crafts to
disembark, many boat people were granted temporary asylum pending eventual
resettlement.
In
late 1978, however, Kuala Lumpur changed its position due to the fear of a
Hanoi-sponsored Chinese invasion. The arrival of the Hai
Hong’s huge human cargo of Chinese
ship people in Malaysian
territories in November 1978 caused grave concerns in various political
circles; and criticisms of the government’s humanitarian policy grew,
especially from the opposition party Partai Islam. In Parliament,
the politicians’ express concern was focused on the arrival of Chinese
ship people on huge vessels organized by Hanoi and its overseas racketeers,
instead of the sporadic arrival of Vietnamese refugees on small boats.
The Malaysian authorities eventually decided to prevent all fragile boats to
reach shore and, at times, ordered the navy to pull ‘seaworthy’
crafts outward to international waters. The embargo led many asylum-seekers
to engage in the very dangerous tactic of scuttling their own boats a few
hundred feet from shore in order to sink the crafts and force everyone to
swim to the nearby beach. This
desperate act caused the drowning of numerous weak women, young children and
men, who did not know how to swim or had become too exhausted to stay
afloat. Initially, those beach people who
successfully sneaked in pass the patrol vessels and camped on the beach
after sabotaging their crafts were allowed temporary asylum. Later on,
however, Kuala Lumpur threatened that it would no longer shelter the boat
people and would take necessary measures to forcibly evict the existing
76,000 Asylees. On January 15, 1979, Prime Minister Hussein Onn declared
that Malaysia effectively closed its doors to all arriving refugees. In the
subsequent month, he stated: ‘We
have already given notice to the United Nations and other countries on this
as we do not have any more space on our island camps… so we will chase
them away if they try to land.’[2]
Between February and June 1979,
more than 5,000 Asylees or 50% of the so-called beach
people held at gunpoint were put on vessels and towed out.
A
task force, the VII (Vietnamese
Illegal Immigrants), was incepted to find ways to prevent the boat
people’s arrivals and to resettle those already in refugee camps.
Malaysian fishermen were advised to paint a large encircled P on their
vessels’ roof to distinguish their crafts from incoming refugee boats. On
March 31, 1979, Malaysian patrol ship Rrenchong
towed a refugee boat, the MH-3012, out to international waters at high speed
and caused it to roll over. More than 115 people died as a result of this
inhumane conduct. A UNHCR report later found: ‘The
Vietnamese boat (the MH-3012) was in very bad condition, water pump was
broken and engine could not be started.
No water was available… a
baby was born on board in the meantime… All the facts were known to the
(Malaysian) naval officers who had been on board.’
In
a period of three months from March to May 1979, Kuala Lumpur reportedly
expelled by force more than 26,000 arriving refugees on 186 boats.[3]
In June 1979, Home Minister Tan Sri Ghazali Shafie stated that approximately
40,000 refugees on 267 boats were towed out of Malaysian waters, and Kuala
Lumpur had established 100 observation stations and committed more vessels
as well as 2,000 soldiers to its campaign to push back the refugee tide.
Fortunately, most ejected boats were allowed to disembark in
Indonesia; otherwise, the world would likely witness a new holocaust at sea.
The local Malays did their part in the eviction of Vietnamese Asylees; for instance, in Kuala Trengganu on November 22, 1978, furious villagers pushed a refugee craft outward and caused it to capsize and the eventual drowning of nearly 200 boat people. Malaysia was not alone in stopping and expelling all arriving Asylees. Thailand, Indonesia and Singapore also maintained naval blockades to prevent the arrivals of Chinese ship people and, in the process, also Vietnamese boat people.

Overladen
refugee boats tossed by strong waves
off the Malaysian coast.
(UNHCR: K. Gaugler)
The anti-Chinese sentiment was more obvious in Indonesia.
Between 1975 and 1978, Jakarta’s policy toward Vietnamese refugees was
relatively humane. The boat people were offered temporary shelter pending
overseas - but not local -
resettlement. In response to
Hanoi’s export of ethnic Chinese in exchange for gold, this compassionate
position was reversed quickly because Jakarta was extremely sensitive with
the ethnic Chinese equation. Indonesian history included a
Beijing-encouraged communist coup in 1965 that eventually led to the mass
killings of tens of thousands of local Chinese. In 1978, Beijing’s
provocative objection to Hanoi’s treatment of ethnic Chinese caused even
more concerns for Jakarta, which saw Beijing’s policy as a time bomb for
extraterritorial intervention.
The Indonesian position in June 1979 was therefore categorically clear;
Defence Minister Mohammed Jusuf declared: ‘We
are not going to allow any more refugee to land in our country.’ Operation
Lightning Bolt was implemented to block the boat people from entering
Indonesian waters. Despite the new hard-line policy, however, Jakarta still
permitted the disembarkation of refugee boats that were forcibly expelled by
neighboring states. Thanks to this compassionate and pragmatic approach, an 'Asian
holocaust' at sea was effectively avoided.
In Thailand, Bangkok initially decided not to accept any refugee in
1975. Political Asylees from Cambodia and Vietnam would be given minimal
assistance and then deported. The Operations
Centre for Displaced Persons was created in the Ministry of the Interior
to monitor the refugee developments in order to formulate strategies aimed
at preventing the Asylees' arrival.
In March 1978, Prime Minister Kriangsak pronounced a new policy that would
admit all Indochinese Asylees on humanitarian grounds. But just a few months
later, as Hanoi’s ‘freedom for
sale’ scheme began to surface, the new policy was quickly suspended.
Bangkok started threatening to close its refugee camps and expel all boat
people from its soil.
To add more fuel to the fire that was burning off compassion for Vietnamese
refugees, Deputy Secretary General of the National Security Council Prasong
Soonsiri incited fears by suggesting, without a shred of evidence, that at
least 10% of the boat people were Hanoi’s spies.[4] In November 1978, Prime
Minister Kriangsak confirmed his government’s hard-line policy with a
reporter of the Bangkok Post: ‘If
any boat needs repairs this will be permitted, but it will have to leave
with the refugees as soon as repairs are completed,’ and no Asylees
would be allowed to land.[5]
The navy was ordered to conduct joint operations with its Malaysian
counterpart to keep Hanoi's human cargoes and Vietnamese refugee boats at
bay.
Philippines
also changed its past humanitarian policy and adopted a tough position
against the arriving Asylees, who would be granted entry only with
guaranteed resettlement places. Foreign
Minister Carlos Romulo stated categorically: ‘We
don’t want anymore refugees. The situation is getting worse every time.’[6]
In April 1979, Manila effectively eliminated its compassionate policy.
Singapore previously
granted residency to 200 Asylees from Vietnam in 1975 but subsequently
undertook a firm anti-refugee position once faced with the boat people
exodus. Prime Minister Lee Kuan Yew coldly expressed: ‘You’ve got to grow callouses on your heart or you just bleed to
death.’ Therefore, no refugee was allowed to enter Singapore unless he
(she) was rescued by a foreign ship whose country guaranteed his (her) quick
resettlement and the UNHCR would agree to pay his (her) living expenses. In
early October 1979, Singapore prescribed new conditions requiring that the
number of boat people in Singapore at any one time could not exceed 1,000
and the refugees had to be resettled within 90 days, failure of which would
subject the guaranteeing countries to a system of penalties.[7]
This policy drew protests from the UNHCR and severe criticisms from other
governments.
International law has long recognized the duty to help victims in distress
at sea,[8]
and this duty is closely related to the non-refoulement
principle prescribed by the 1951 United Nations Convention relating to the
Status of Refugees:
‘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 of a
particular social group or political opinion.’
(Art. 33)
Singapore’s anti-refugee policy therefore penalized ship captains, who had
to weight between the time-honored code of chivalry at sea (to
assist boaters in distress) and the huge cost of such heroic acts.
Unfortunately, the huge cost factor often caused marine masters to ignore
calls for help from the refugees at sea; according to reliable shipping
sources in Singapore in mid-1979, certain owners reportedly instructed their
captains to avoid assisting desperate Asylees in danger at sea.[9]
Singaporean Navy also ruthlessly blocked all refugee crafts from reaching
its shore. In February 1979, the interception of the Vietnamese boat SB-001
by two Singaporean patrol vessels caused the death of two refugees;
eventually, the SB-001 was forced to leave for Malaysia.
On February 17, 1979, Singapore’s Foreign Minister Sinnathamby Rajaratnam
articulated his country’s position on the boat people tragedy in a speech
as follows:
‘The
flow of boat people poses the non-communist world, including the ASEAN
countries, with a moral dilemma. We could respond on humanitarian and moral
grounds by accepting and resettling these desperate people. But by doing so
we would not only be encouraging those responsible to force even more
refugees to flee but also unwittingly demonstrate that a policy of
inhumanity does pay dividends. Not only that, but those countries which give
way to their humanitarian instincts would saddle themselves with
unmanageable political, social and economic problems that the sudden
absorption of hundreds of thousands of alien peoples must inevitably bring
in its wake.’
Due to Hanoi’s collaboration
with international racketeers to ‘traffic
in human misery,’ the boat people were treated with unfounded
animosity. Neighboring states that previously offered temporary shelters
began to treat Vietnamese asylum-seekers with indifference and, at times,
deadly hostility.
The brutalities faced by the boat people at sea and on land led the
UNHCR - under severe pressures from the U.S. and ASEAN nations at the time -
to call for the ‘Consultative Meeting with Interested Governments on Refugees and
Displaced Persons in Southeast Asia’ on December 11 and 12, 1978.
Representatives from 38 nations attended this ‘Consultative
Meeting’ in Geneva but failed to find a durable solution to the
refugee crisis.
The UNHCR Deputy High Commissioner Dale DeHaan concluded: 'there
can be no humane or durable solutions unless governments grant at least
temporary asylum in accordance with internationally accepted humanitarian
principles.. (and) temporary
asylum depended on commitments for resettlement in third countries and the
avoidance of residual problems in the area.'[10]
Despite this insight, no substantial advancement was made to resolve the
Indochinese refugee crisis. While Hanoi's representative Võ Văn Sung
continued to deny the Vietnamese Communist Party's role in the trafficking
of human cargoes, other countries offered $12 million to the UNHCR
humanitarian operations and only 5,000 additional resettlement places or 'a
drop in the ocean' according to the Malaysian delegation.
Thereafter, as the boat people tragedy deteriorated further with the
implementation of hard-line policies by various Southeast Asian states, the
United Nations called the first international conference on Indochinese
refugees in July 1979 in an attempt to resolve this growing humanitarian
crisis. U.N. Secretary General Kurt Waldheim urged all nations, except Laos
and Cambodia,[11]
to attend the 2-day ministerial meeting in Geneva by expressing in his
invitation that: ‘Although there are
very many serious refugee problems in other parts of the world, the alarming
proportions
of the crisis in Southeast Asia require immediate and special attention.’
[1]
Malaysia’s Deputy Prime
Minister Dr. Mahathir bin Mohamad reportedly suggested that ‘shoot-on-sight’
legislation should be passed to prevent the boat people arrivals.
[2]
‘Government
to step up sea patrols to prevent refugee influx,’ FBIS APA 25,
February 5, 1979, at p.2 (from Hong Kong, Agence France-Presse, February
2, 1979).
[3]
March 1979:
5,088 Asylees on 29 boats; April
1979: 7,412 Asylees on 71
boats; May 1979:
13,462 on 86 boats.
[4]
Bangkok deliberately wanted to include its own Thai-born Vietnamese
residents, whom it considered a constant threat to national security, in
the boat people equation in order to deport them.
[5]
Eventually, Thailand developed its own deterrence policy: resettlement
opportunities for refugees would be severely restricted to reduce the ‘pull’
factor.
[6]
‘Minister
opposed to more Vietnamese refugees,’ FBIS APA 069, 9 April 1979,
at p.P1 (from Hong Kong, Agence France-Presse, April 6, 1979).
[7]
Furthermore, any ship
carrying rescued boat people without guaranteed resettlement places had
to post a bond of Singaporean $10,000 or U.S. $4,665 for each refugee
before its cargo could be unloaded in Singapore.
[8]
The 1910 Brussels
International Assistance and Salvage at Sea Convention, the 1958
Convention on the High Seas, and the 1960 London International
Convention for the Safety of Life at Sea.
See also J. Pagash, ‘The Dilemma of the Sea Refugee: Rescue Without Refuge,’ 18
Harvard Int’l L.J. 577.
[9]
Japanese ships regularly ignored the boat people’s call for help
because Tokyo refused to offer resettlement for rescued Vietnamese
refugees; most first-asylum countries, on the other hand, denied
permission for ships carrying refugees to disembark if their
resettlement could not be guaranteed.
[10]
‘Consultative Meeting with
Interested Governments on Refugees and Displaced Persons in Southeast
Asia’ Summing-Up by UNHCR, Paragraph
5(i).
[11]
Even though the 'Indochinese
refugees' crisis directly affected the affairs of Laos and Cambodia,
these two nations were excluded in order not to offend their respective
backer, Hanoi (assisting the governing regimes) and Beijing (assisting
the armed opposition).