PRESS FOR TRANSPARENCY AND LEGAL CERTAINTY
Many of the challenges shared across the six countries stem from a lack of understanding of
what policies are legally binding on refugees, service providers, and even the government itself.
For example, the ban on marriage registration between Rohingya and Bangladeshis in Bangladesh
and the 1997 Circular in Pakistan do not make clear whether the Foreigners Act of 1946 applies
in full or in part to non-citizens with protection needs. In Bangladesh, the government’s apparent
decision to leave the border open in August 2017 to allow over 600,000 Rohingya to cross and
take residence in Cox’s Bazaar has never been confirmed with a publicly circulated written
order. In many instances, progressive policies exist, but are not accessible or available to the
general public, as evidenced by a number of unpublished or private orders and circulars.124 Where
policies do exist, they can be ambiguous in their construction, leaving questions concerning
scope of coverage and implementation. Unclear policies are open to varying interpretation by
administrative or judicial officials and may be applied in conflicting or inconsistent ways. While
strategic ambiguity can be deployed progressively or adversely depending on the outcome
sought, justice is best served through a policy of clarity and transparency that bestows rights
holders with certainty over the content and scope of their rights and entitlements of services—in
other words, empowering them with the knowledge that is the necessary precursor to their ability
to claim and enjoy said rights and entitlements.
As such, clarifying existing policies and addressing outstanding questions would benefit a
range of actors, including refugees, aid agencies, and the various government officials who
implement them. Advocates may benefit from concerted efforts to push for clarity alongside
calls for broader reform. In some instances, seeking clarity on existing practices may be a
useful starting point for campaigns. Where consistent engagement with relevant agencies or
ministries proves unsuccessful, employing right to information legislation (if it is available) may
offer a successful alternative.
Complementing attempts to clarify law and policy, actors within the region could clearly benefit
from broader awareness of governmental determinations. Several judicial opinions remain
unpublished or inaccessible to other practitioners and NGOs, as well as other government
agencies. Advocates may seek to embark on broad awareness-raising efforts, elevating knowledge
of judicial opinions or policies taken by the government, strategically targeted at those who may
be reluctant to be seen as pushing the envelope and therefore would be positively influenced by
the existence of judicial precedent. The complex political environments across the region may
well benefit from concerted efforts to promote existing or previous action and focus on what has
been done in order to build on those efforts, while also looking to prospective action to be taken.
CONSIDER UNHCR AS A TARGET OF ADVOCACY
UNHCR’s role varies significantly among various countries in the region. In some contexts,
such as Indonesia and Malaysia, UNHCR has generally positive and cooperative working
relationships with the government and civil society, and is engaged with all refugee populations
in the country. In other contexts, such as Thailand and India, UNHCR has a seemingly more
selective role, working with only certain protection-seeking populations in specific parts of
the country, while the respective government entities manage other populations of concern
and geographic areas. In Pakistan, UNHCR does not conduct refugee status determination or
resettlement operations, and populations other than Afghan refugees are not well documented.
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UND OING PRECARIT Y: ELE VATING P OSITIVE PR ACTICES FOR REFU GEE PROTECTION IN SO U TH AND SO U THE AST ASIA
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