CONCLUSION
As is evident from the case studies outlined in this paper, there are
lessons to be learned and inspiration to be taken from the actions of
governments and advocates in South and Southeast Asian nations. These
countries’ refusal or reluctance to ratify the 1951 Refugee Convention or its
1967 Protocol, and their lack of specific national legislation recognizing a
distinct status for refugees, makes them particularly challenging contexts
for refugee rights advocates. However, the experience of host countries in
the region, and other non-signatory states beyond the region, demonstrates
that in the absence of binding international law, creative and diverse
actions rooted in national law and policy have in fact provided protections
to some groups, and may serve as grounds for further expansion and
enhancement to improve conditions for displaced communities.
Too often such host countries are solely criticized for their violations
and shortcomings, with insufficient attention paid to the positive ways
in which informal or alternative forms of protection have been made
available, or the progress made toward achieving protection for refugees.
There is reason to continue to promote the further adoption of the 1951
Refugee Convention and its 1967 Protocol and the jurisprudence that
has developed around it, in order for states to provide more adequate
protection to refugees. However, where states have not ratified the
Convention or Protocol and/or are not prepared to adopt international
standards in toto, there is certainly merit in assessing alternative practices
and undertaking comparative reflection.
This report is meant to bring to light some of the measures that can be
taken and the advocates whose experience can be a source of positive
lessons. In doing so, it recognizes that the most effective means for
drawing out instructive and innovative comparative practices is through
engagement and mutual understanding. It is hoped that advocates across
the contexts studied can continue to inspire each other through ongoing
South-South dialogue, and that conditions for refugees in such settings
can be continuously improved upon as a result.
44
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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