LESSONS LEARNED
AND POLICY
RECOMMENDATIONS
The primary purpose of this report is to highlight positive practices
adopted by governments and employed by advocates to advance the
rights of those in need of international protection in jurisdictions that have
mostly not formally recognized them as such. The above compilation of
those practices also, however, notes myriad limitations, recognizing that no
universal or comprehensive fix exists in the region. In addition to highlighting
positive practices and their limitations for inspiration and adoption by
policy-makers and advocates, there are a number of lessons to be learned
from these experiences. These lessons have been adapted and formulated
into the following recommendations. They are by no means exhaustive, but
rather serve as a broad point of departure for the way forward.
STRATEGIZE WITH DISCRETION IN MIND
Local actors interviewed for this study expressed various viewpoints regarding the ramifications
of discretion. To some, discretion is preferable to binding rules, because demands for more clarity
can lead to more restrictive interpretations, limiting the ability of actors to exercise protectionoriented discretion on a case-by-case basis. Others argued that broad exercise of discretion
sacrifices predictability, results in corruption, and while it may result in individual successes, it
will usually not have a larger impact.
While a lack of firm guidelines certainly runs contrary to the ultimate goal of comprehensive
protection codified in law, the flexibility and streamlined manner in which policy can be
established may be advantageous for advocates in the region. Advocates may seek to
construct strategies that are specifically designed to account for the discretionary authority
in their context. In addition to calls for broad reforms or comprehensive measures in line with
international standards, advocates at the national level may choose to form relationships with
relevant government actors or divisions that possess such discretionary authority and use
those relationships to call for changes within that authority. Regional or international advocates
may seek to complement such efforts by drawing positive attention to previous discretionary
measures and encourage their advancement and codification. In sum, a pragmatic, practical, and
constructive approach to discretion may result in favorable and swift action from which broader
reform efforts may be embarked upon.
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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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