58 Section 4 of the Citizenship Act’s provisions outlining citizenship to those born on the territory, and the explicit recognition of refugees born on territory and the importance of birth documentation in the Births and Death Registration Act. 59 “Saving Newborn Rohingya from a Legal Abyss,” Rights in Exile, September 1, 2018, https://rightsinexile.tumblr.com/ post/177635467257/saving-newborn-rohingya-from-a-legal-abyss. 60 These are outlined in the following laws: The Government of Bangladesh, “The Citizenship Act,” Act No. II § (1951), http://bdlaws. minlaw.gov.bd/act-242.html?hl=1; The Government of Bangladesh, “Pakistan Citizenship Rules (Bangladesh)” (1952), https://www. refworld.org/docid/3ae6b4ff1a.html; The Government of Bangladesh, “The Bangladesh Citizenship (Temporary Provisions) Order,” Act No. CXLIX § (1972), http://bdlaws.minlaw.gov.bd/act-423.html?hl=1; The Government of Bangladesh, “The Bangladesh Citizenship (Temporary Provisions) Rules” (1978), https://www.refworld.org/docid/3ae6b5688.html; The Government of Bangladesh, “The Naturalization Act,” Act No. VII § (1926), http://bdlaws.minlaw.gov.bd/act-139/section-4748.html?hl=1; The Government of Bangladesh, “The Naturalization Rules” (1961), http://eudo-citizenship.eu/NationalDB/docs/BNG_Naturalization%20Rules%201961.pdf. 61 Md. Sadagat Khan (Fakku) v. Chief Election Commissioner (Supreme Court of Bangladesh 2008), https://www.refworld.org/ docid/4a7c0c352.html. 62 Although the authors of this paper recognize that birth registration does not necessarily lead to the provision of citizenship and that the two processes are separate and distinct, they are discussed together in this section for the purposes of considering alternative strategies and means to providing protection to Rohingya, in this case through the lens of combatting statelessness. 63 “Update on statelessness” UNHCR Executive Committee of the High Commissioner’s Programme, 69th Meeting of the Standing Committee, June 7, 2017: https://www.refworld.org/cgi-bin/texis/vtx/rwmain?page=search&docid=59a58d724. 64 “Submission by the United Nations High Commissioner for Refugees For the Office of the High Commissioner for Human Rights’ Compilation Report - Universal Periodic Review: Malaysia”, UNHCR, March 2013, https://www.refworld.org/docid/513d9a0e2.html, 2. 65 “Submission by the United Nations High Commissioner for Refugees For the Office of the High Commissioner for Human Rights’ Compilation Report - Universal Periodic Review: Malaysia (3rd Cycle, 31st Session),” UNHCR, July 2018, https://www.refworld.org/ docid/5b56f3067.html, 2. 66 Pimuk Rakkanam, “Thailand Opens Citizenship Path for 80,000 Stateless People,” Benar News, January 2, 2017, https://www. benarnews.org/english/news/thai/stateless-12302016172431.html. 67 “In Thailand, Birth Registration Gives Refugee Babies a Good Start in Life,” UNHCR, September 24, 2012, https://www.refworld.org/ docid/506156972.html. 68 Krithika Varagur, “Indonesia Breaks Silence on Refugees With Presidential Decree,” VOA News, January 27, 2017, https://www. voanews.com/a/indonesia-breaks-silence-on-refugees-with-presidential-decree/3696079.html; “Presidential Regulation RI No.125/2016 concerning Handling of Refugees from Abroad’ (SUAKA, press release, January 18, 2017). 69 Mahardhika Sjamsoe’oed Sadjad and Max Walden, “The Nexus of Human Rights and Security in Indonesia’s Approach to Refugees,” Refugee Law Initiative blog, October 2, 2019, https://rli.blogs.sas.ac.uk/2019/10/02/the-nexus-of-human-rights-and-security-inindonesias-approach-to-refugees/. 70 Bilal Dewansyah, Wicaksana Dramanda and Imam Mulyana, “Asylum Seekers in a Non-Immigrant State and the Absence of Regional Asylum Seekers Mechanism: A Case Study of Rohingya Asylum-Seekers in Aceh-Indonesia and ASEAN Response” Indonesian Law Review 3 (2017): 341-366. 71 Republic of Indonesia, Presidential Decree No. 125 § (2016), https://www.refworld.org/docid/58aeee374.html. 72 For additional historical context and a discussion of the decree’s shortcomings, see Missbach et al., “Stalemate: Refugees in Indonesia — Presidential Regulation No 125 of 2016.” (University of Melbourne Centre for Indonesian Law, Islam and Society: Policy Paper Series #14, 2018), https://law.unimelb.edu.au/centres/cilis/research/publications/cilis-policy-papers/stalemate-refugees-inindonesia-presidential-regulation-no-125-of-2016. 73 It should be noted that in addition to reaffirming Bangladesh’s obligation not to return any individual to a state where they would likely face torture as a signatory of the Convention against Torture, this judgement also set out that although “Bangladesh has not formally ratified the Convention relating to the Status of Refugees, yet [sic] all the refugees and asylum-seekers from scores of countries of the world to other countries have been regulated by and under this Convention for more than 60(sixty) [sic] years. This Convention by now has become a part of customary international law which is binding upon all the countries of the world, irrespective of whether a particular country has formally signed, acceded to or ratified the Convention or not.” With this acknowledgement, the decision asserted a broader obligation of the state not to return individuals to any state where they would face persecution on account of their race, religion, nationality, or group-based membership. 74 Malavika Karlekar vs. Union of India (Supreme Court, 1992), https://www.refworld.org/pdfid/3f4b8d334.pdf. 75 Bogyi vs. Union of India (Supreme Court, 1989); Ktaer Abbas Habib al Qutaifi vs. Union of India (Supreme Court, 1998), https:// indiankanoon.org/doc/1593094/; Dongh Lian Kham vs. Union of India (Supreme Court, 2015), https://indiankanoon.org/ doc/168154907/. 76 Mohammad Saimullah v. Union of India (Supreme Court, April 2021) https://indiankanoon.org/doc/10486034/. 77 “22 Myanmar nationals including Rohingya deported since August 2017: MHA”, The Indian Express, February 14, 2019, https:// indianexpress.com/article/india/22-myanmar-nationals-including-rohingya-deported-since-aug-2017-mha-5583039/. 78 Anil Mussarat Hussain v. Muhammad Anwar Naseem (Lahore High Court, 1996). 79 Majid Hussain v. Farrah Naz, (Islamabad High Court, 2017) http://mis.ihc.gov.pk/frmRdJgmnt?cseNo=Writ%20Petition-1271-2016%20 %7C%202017%20YLR%2084%20Islamabad&cseTle=Majid%20Hussain-%20VS%20-Farrah%20Naz&jgs=Honourable%20Mr.%20Justice%20Miangul%20Hassan%20Aurangzeb&jgmnt=/attachments/judgements/64137.pdf. 80 “Achieving the SDGs for Children in Indonesia: Emerging Findings for Reaching the Targets” (Indonesia Ministry of National Development Planning and UNICEF, Jakarta, July 2019), https://www.unicef.org/indonesia/sites/unicef.org.indonesia/files/2019-07/ SDG%20summary%20final%20low%20res%2010%20Jul_0.pdf, 21. 81 “Implementing Child Protection and Welfare in Indonesia,” (UNICEF, August 2020), https://www.unicef.org/indonesia/media/6541/ file/Implementing%20Child%20Protection%20and%20Welfare.pdf, 4. 82 “Infographic on Birth Registration,” (UNICEF, August 2020), https://www.unicef.org/indonesia/media/5621/file/Infographic%20on%20 Birth%20Registration.pdf. 47 UND OING PRECARIT Y: ELE VATING P OSITIVE PR ACTICES FOR REFU GEE PROTECTION IN SO U TH AND SO U THE AST ASIA