A GUIDE TO USING THIS REPORT
This report highlights ways in which countries
in South and Southeast Asia that are not
signatories to the 1951 Refugee Convention or
its 1967 Protocol have nonetheless extended
protections for and advanced the rights of
refugees living within their borders through
various legislative and administrative practices.
The guide seeks to promote practical and
actionable steps that can be adopted and
adapted in other settings, informing existing
and emerging efforts to help refugees defend
and realize their rights.
The research underlying this report was
undertaken by the Refugee Solidarity Network
and the Open Society Justice Initiative
beginning in July 2018. It involved multiple
stages and methods, including:
• desk review of primary sources, such as
legislative acts, administrative orders and
memos, and judicial opinions and decisions;
• findings, reviewed by experts, from six host
countries: Bangladesh, India, Indonesia,
Malaysia, Pakistan, and Thailand;1
• consultations, held in-person in Kuala
Lumpur, Dhaka, and Cox’s Bazar, from April
2019, and then virtually up to December
2020;
This report provides a snapshot of policies
and practices in place at the time of its writing
(between 2019 and 2021). It is not intended as
a comprehensive enumeration of all relevant
positive practices in the region, nor does it
include a thorough overview and discussion
of the legal frameworks identified in each
setting. Legal practitioners, advocates, and
policymakers working on refugee rights issues
in South and Southeast Asia are the report’s
primary audience and therefore some degree of
familiarity with migration and refugee issues in
the region on the part of the reader is assumed.
The report fully appreciates the risks
associated with highlighting government action
that falls short of established international
protection standards. To be effective, any
strategy aimed at improving conditions
for refugees must involve a nuanced
understanding of the evolving political
dynamics that shape refugee and migration
policy. The report’s suggestions do not ignore
those realities but seek to provide ideas for
consideration for those engaged in the difficult
task of navigating such complex environments.
• review and substantial contributions by
regional expert Brian Barbour;2
• verification of findings and research into
developments pertaining to the positive
practices compilated in this report;
• peer review by T. Alexander Aleinikoff
and Ian M. Kysel of the Secretariat of the
Global Strategic Litigation Council for
Refugee Rights.
2
UND OING PRECARIT Y: ELE VATING P OSITIVE PR ACTICES FOR REFU GEE PROTECTION IN SO U TH AND SO U THE AST ASIA