Speech #960183293

Mr. Chairman. this amendment merely refines the proposed definition of "refugee" in section 201 of H.R. 2816. While I applaud the inclusion of the internationally accepted definition of "refugee" in section 201(a). the provision goes farther than the definition accepted by the international community and threatens to create serious time and resource problems at our embassies and posts abroad. The core of the internationally accepted definition. which is expressed in the 1951 U.N. Convention Relating to the Status of Refugees. to which the United States is party. requires that an individual have crossed an international boundary before he or she can be considered for refugee status. It was felt by the international community that an individual who was in such fear of persecution as to be willing to leave his country of nationality. had gone a long way toward proving his case for refugee status. for people do not generally flee their home countries. often without documentation. absent strong reasons. However. part (B) of the Judiciary Committee definition dispenses with that requirement and creates the potential for long lines of refugee applicants at U.S. posts abroad who are not really refugees. Examples are people who have been accused of crimes in their own country or who are potential defectors. While the applications of such people for refugee status would eventually be found to lack merit by our consular people abroad. it is the desire of the Foreign Affairs Committee to preclude such a burden being placed on alreadystrained State Department resources. In certain countries. the possibility exists that we might have long "refugee" lines similar to the long visa lines we have currently. Therefore. my amendment would leave to the discretion of the President the decision whether circumstances warrant the determination that certain individuals are refugees. notwithstanding the fact that they have not left their country of residence. It is my understanding that the intent of this section was to permit the inclusion in the recognized refugee population of individuals such as the Vietnamese. who often have not left Vietnam and therefore do not technically come within the criteria of the internationally accepted definition. My amendment allows such a determination to be made by the President. but does not go further toward opening the doors to groundless applications for refugee status. I understand that the gentlewoman from New York approves this amendment. I urge my colleagues to join us in support.