TABLE OF CONTENTS
2
3
5
A Guide to Using This Report
Terminology
Introduction
6 International Human Rights Law and Alternative Protection Regimes: Piecemeal
Protection in the Absence of Holistic Frameworks
10
Regional Overview of Refugee Protection Responses
15
Highlighting Positive Practices in the Protection of Non-Nationals
15
Legal Status and Documentation
25 Alternatives to Detention and Non-Penalization of Protection Seekers for
“Unlawful” Entry and Presence
29
Access to Basic Rights and Entitlements
37
Lessons Learned and Policy Recommendations
37
Strategize with Discretion in Mind
38
Consider UNHCR as a Target of Advocacy
38
Consider UNHCR as a target of advocacy
39
Strategically Utilize Complementary Pathways to Protection
39
Employ Citizenship Law as a Possible Pathway to Protection
40 Consider Calling for Temporary Protection, While Remaining Aware of its
Limitations
1
41
Push for Prima-Facie Recognition
41
Prioritize Freedom of Movement
41
Advocate for Alternatives to Detention
42
Support and Strengthen Civil Society
43
Engage and Support National Human Rights Institutions
43
Enhance and Expand South-South Cooperation
44
Conclusion
45
Endnotes
UND OING PRECARIT Y: ELE VATING P OSITIVE PR ACTICES FOR REFU GEE PROTECTION IN SO U TH AND SO U THE AST ASIA