116 Ali Salih Khalaf v Taj Mahal Hotel (Industrial Court, 2014), http://www.mp.gov.my/eicpp/ MainServlet?action=downloadAward&awardIndex=20225&awardCategory=4. 117 Grisada Boonrach, “Statelessness situation and Thailand’s solutions,” June 14, 2017, 8. 118 “Only 40 Rohingya registered for work under pilot scheme”, Malaysiakini, April 4, 2017, https://www.malaysiakini.com/news/378003. 119 European Asylum Support Office (EASO). “Pakistan Situation of Afghan Refugees: Country of Origin Information Report.” LU: Publications Office, May 2020. https://data.europa.eu/doi/10.2847/38898, 45-46. 120 European Asylum Support Office (EASO). “Pakistan Situation of Afghan Refugees: Country of Origin Information Report.” LU: Publications Office, May 2020. https://data.europa.eu/doi/10.2847/38898, 45. 121 States parties to the Convention on the Rights of the Child are obligated to strive to ensure that no child is deprived of the right to access health care services for the treatment of illness and rehabilitation of health under Article 24. In addition, all countries surveyed here (with the exception of Malaysia) are bound to take steps to achieve the realization of every individual’s right to enjoy the highest attainable standard of physical and mental health as a states parties to the International Covenant on Economic, Social and Cultural Rights (Article 12). 122 Boonrach, “Statelessness situation and Thailand’s solutions.” 123 “UNHCR welcomes move to strengthen healthcare for stateless students,” (UNCHR press release, September 20, 2020), https://www. unhcr.org/th/en/21829-unhcr-welcomes-move-to-strengthen-healthcare-for-stateless-students.html. 124 Examples of unpublished policies include the Malaysian Attorney General Chambers’ instruction on discretion in immigrant detention; implementing regulations for Indonesia’s presidential decree; the screening mechanism in Thailand; and a number of unpublished circulars issued by the government of Pakistan regarding Afghan refugees that have been referenced in human rights reporting but are not publicly available for review. 125 “Anti-Trafficking in Persons and Anti-Smuggling of Migrants Act (Act A1500)”, https://cdn.rage.com.my/wp-content/uploads/2017/08/ Anti-Trafficking-in-Persons-Act-2007-NEW.pdf; Thailand’s July 2017 conviction of 62 individuals involved in trafficking of Rohingya and provision of services to victims and other measures since may provide a similar angle: see UN Thematic Working Group on Migration in Thailand, “Thailand Migration Report 2019” (Bangkok, Thailand, 2019), https://thailand.iom.int/resources/thailandmigration-report-2019. 126 The authors do not endorse temporary protection as an effective response to refugee situations, but also do not categorically oppose it. Rather, we take a pragmatic approach to the specific displacement context in South and Southeast Asia in 2021 and seek to draw on potentially helpful elements that can move the protection space forward in any way. We are aware of the concerns of advocates and share them, which is why we do not wholesale promote temporary protection as an alternative to long-term protection. 127 Joan Fitzpatrick, “Temporary Protection of Refugees: Elements of a Formalized Regime,” The American Journal of International Law 94, no. 2 (April 2000): 279, https://doi.org/10.2307/2555293; Alice Edwards, “Temporary protection, derogation and the 1951 Refugee Convention,” Melbourne Journal of International Law 13, no. 2 (November 2012): 595; UNHCR Roundtable on Temporary Protection, 2012; Meltem Ineli-Ciger, “Temporary Protection in Law and Practice,” International Refugee Law Series, Vol. 10 (2018), https://brill. com/view/title/33781. 128 Asylum Information Database (AIDA) Country report, Turkey, https://asylumineurope.org/reports/country/turkey/temporaryprotection-regime/. 129 Treisman, Rachel, “Colombia Offers Temporary Legal Status to Nearly 1 Million Venezuelan Migrants,” NPR, February 9, 2021, https:// www.npr.org/2021/02/09/965853031/colombia-offers-temporary-legal-status-to-nearly-1-million-venezuelan-migrants; Daniel Salgar Antolínez and Santiago Serna Duque, Anadolu Agency, April 3, 2021, https://www.aa.com.tr/en/americas/colombia-learning-turkishmodel-on-protecting-migrants/2165053. 130  Bridge to Firmer Ground: Learning from International Experiences to Support Pathways to Solutions in the Syrian Refugee Context A (Migration Policy Institute, March 2021) https://www.migrationpolicy.org/sites/default/files/publications/dsp-mpi_syria-refugees_fullreport.pdf. 131 Frances Nicholson and Judith Kumin, “A Guide to International Refugee Protection and Building State Asylum Systems” (InterParliamentary Union/UNHCR, 2017), https://doi.org/10.1163/2210-7975_HRD-1021-20180068, 151. 132 “Guidelines on International Protection No. 11: Prima Facie Recognition of Refugee Status,” (UNHCR, June 24, 2015) https://www. refworld.org/docid/555c335a4.html. 133 “UNHCR Policy on Alternatives to Camps,” (UNHCR, July 22, 2014), https://www.refworld.org/docid/5423ded84.html. 134 There Are Alternatives, International Detention Coalition. 135 There Are Alternatives, International Detention Coalition. 136 For example, HOST International. More information available at https://globalcompactrefugees.org/article/alternatives-detentionthailand, and from the International Detention Coalition report There Are Alternatives. 137 Mary-Beth Morand et al., “The Implementation of UNHCR’s Policy on Refugee Protection and Solutions in Urban Areas” (UNHCR, 2012), https://www.refworld.org/docid/51c7fa9e4.html. 138 UN General Assembly, “Report of the United Nations High Commissioner for Refugees: Global Compact on Refugees,” General Assembly Official Records (New York, September 13, 2018), https://www.unhcr.org/gcr/GCR_English.pdf; UN General Assembly, “Global Compact for Safe, Orderly and Regular Migration,” (January 11, 2019), https://undocs.org/en/A/RES/73/195. 49 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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