In Bangladesh, UNHCR has been effective through registration and documentation exercises
and appears to be taking a high-level and strategic approach, though government reluctance to
accept UN standard operating procedures or to use the term “refugees” has been a challenge.
Despite such variance across jurisdictions, UNHCR, as the lead protection agency, serves as a
significant stakeholder with potential for implementing large-scale programs while maintaining
high-level access to host governments. Advocates with entry points to UNHCR should use their
access to push the agency to adopt bolder, concerted action—and more consistent policies
across the regions. UNHCR will always maintain a unique role given that it is established by UN
member states and entrusted with the protection of refugees. How the agency straddles that
line is in large part dependent on engagement.
STRATEGICALLY UTILIZE COMPLEMENTARY
PATHWAYS TO PROTECTION
Given the reluctance of many states in the region to legislate a framework for the general
recognition of non-nationals fleeing persecution, complementary protection pathways must be
identified and leveraged. For example, protections available to victims of human trafficking may
afford an opportunity to provide legal protections to non-nationals without invoking the concept
of asylum and avoiding the political sensitivities and resistance frequently associated with
the term “refugee.” Malaysia’s Anti-Trafficking in Persons and Anti-Smuggling of Migrants Act
Amendment (Act A1500) serves as an example of a mechanism that could potentially be used to
extend government support to a subset of non-nationals with protection needs, if interpreted and
applied in a broad manner.125 Taking the displaced Rohingya community as an example, advocates
and stakeholders may consider this population not only as a refugee population in need of
international protection, but also as a stateless population at risk of trafficking that should be
provided protections within the framework of complementary efforts aimed at those issues. By
engaging in advocacy efforts that strategically think beyond the framework of refugee status as
the key determiner of the availability of protections, advocates may find more sympathetic ears
among decision-makers while also helping to extend protections to other vulnerable non-refugee
groups, such as stateless or undocumented populations.
EMPLOY CITIZENSHIP LAW AS A POSSIBLE
PATHWAY TO PROTECTION
A number of states in the region surveyed have demonstrated commitment to reducing and
ending statelessness, especially those with significant indigenous stateless populations, such as
Indonesia, Malaysia, and Thailand. This political will toward combating statelessness should also
be capitalized on in order to push for the equitable application of anti-statelessness measures
toward refugee groups also facing statelessness, such as the Rohingya. Advocates may consider,
for example, pushing for full application of existing provisions of citizenship law, especially where
the proper application of national law is the only means of avoiding de facto statelessness.
Particularly in situations of prolonged displacement, which increasingly represent the global
norm, marriages between members of host and refugee communities are inevitable and must not
result in intergenerational statelessness.
39
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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