The Rohingya ID Project is a community-led initiative to ensure access to essential
services for stateless refugees, in lieu of state or UNHCR-issued legal IDs. The project
aims to leverage blockchain technology—in the form of a community-verified open
ledger—to provide Rohingya refugees with a unique token that allows them to access to
the larger Rohingya Project’s financial and social services, without the need for resorting
to other types of (typically state-issued) identification.92
Realizing the Right to a Legal Identity
Limited capacity of civil society organizations and state institutions, including a lack of
knowledge of and experience with legal identity issues, human and financial resources, and
physical geography, can complicate implementation and integration of services. These limitations
underscore the need to work with district management systems and with the judicial system to
augment access to legal identity documentation and realize legal identity rights in Indonesia.
The Australia Indonesia Partnership for Justice (AIPJ)
The AIPJ worked to increase access to legal identity documents for de facto stateless
Indonesians, contributing to national policy change and to the implementation of these
changes at the subnational level. The AIPJ collaborated with civil society organizations
in conducting research and evidence-based advocacy, producing draft regulations, and
in building relationships and facilitating coordination with state institutions responsible
for legal status and documentation. The AIPJ also provided funding for legal identity work
and to strengthen civil society capacity.
ALTERNATIVES TO DETENTION AND
NON-PENALIZATION OF PROTECTION SEEKERS
FOR “UNLAWFUL” ENTRY AND PRESENCE
Seeking asylum has been recognized as a universal human right, and states have a generally
recognized duty not to penalize individuals for irregular entry or stay in a territory where they
are seeking asylum.93 States often rely on detention as a response to irregular migration, and
it becomes a routine practice rather than a measure of last resort based on an individualized
determination as to whether or not foreign nationals have international protection needs. It is
imperative that any restrictions placed on the liberty and security of non-nationals should be
carefully delineated in the law and subject to judicial and/or administrative review.
To prevent arbitrariness, detention needs to be “necessary in the individual case, reasonable in
all circumstances and proportionate to a legitimate purpose.”94 This requires that less intrusive
and coercive measures have been determined to be ineffective in a given case.95 Where detention
is not based on individual assessments of its necessity—e.g. if it is aimed at overall deterrence of
irregular migration—its use is generally unlawful under international law.96
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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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