TERMINOLOGY
Alternatives to Detention Alternatives to detention are defined by the International
Detention Coalition as “any law, policy or practice by which
persons are not detained for reasons relating to their
migration status.”3
Asylum Seeker Given the widespread lack of a formal legal definition
of refugee in the countries surveyed, for the purposes
of this publication, the terms “asylum seeker” and
“protection seeker” are used interchangeably with the
term “refugee,” unless the distinction between recognized
and unrecognized status of an individual is relevant to the
discussion, at which point an explanation will be offered.
Customary International Law Customary international law is a primary source of
international law.4 Customary international law is
established by showing state practice (how states behave,
what they say and do) and opinio juris (a belief by states
that the practice is required by law).5
Legal Identity Legal identity can be “understood as a set of elements and
characteristics, which defines each person and governs
their relationships, obligations and rights under both
private and
public law.”6
Non-refoulement Non-refoulement is a binding norm of international law
that prohibits states from returning a person to territories
where there is a risk that their life or freedom would
be threatened on account of race, religion, nationality,
membership of a particular social group, or political
opinion.7
Protection As it is used in this report, protection encompasses the
set of activities of a state or other actor that recognize,
enable, and safeguard individuals’ rights in the provision of
humanitarian assistance and other programs for displaced
persons. Protection may be most fully expressed under the
set of rights and entitlements laid out by instruments of
international human rights and refugee law as a baseline,
supplemented by rights-enhancing practices and policies.
In practice, protection is often only partially realized.
3
UND OING PRECARIT Y: ELE VATING P OSITIVE PR ACTICES FOR REFU GEE PROTECTION IN SO U TH AND SO U THE AST ASIA