83 UNHCR Submission for Malaysia’s 3rd Cycle, 31st UPR Session, July 2018. 84 Government of India Ministry of Home Affairs, Notification No. 25022/34/2011-F.IV” (29 December 2011). 85 Government of India Ministry of Home Affairs, “Long Term Visas” (February 2018) https://www.mha.gov.in/PDF_Other/ AnnexVI_01022018.pdf. 86 Republic of the Philippines Commission on Human Rights, “Potential Ways to Address the Issue of Statelessness in Sabah” (January 11, 2021) https://chr.gov.ph/potential-ways-forward-to-address-the-issue-of-statelessness-in-sabah/. 87 “Pakistan,” Get Everyone in the Picture, https://getinthepicture.org/country/pakistan. 88 “Thailand,” Get Everyone in the Picture, https://getinthepicture.org/country/thailand. 89 “ASEAN Human Rights Declaration”, November 19, 2012, https://asean.org/asean-human-rights-declaration/. 90 “ASEAN Commission on the Rights of Women and Children”, https://humanrightsinasean.info/mechanism/asean-commission-onthe-rights-of-women-and-children/. 91 While digital identity verification systems may facilitate access to services, they also introduce a potentially heightened risk of violation of personal data privacy, such as the sharing of personal data with countries of persecution. See for example Human Rights Watch, “UN Shared Rohingya Data Without Informed Consent” (June 15, 2021), https://www.hrw.org/news/2021/06/15/un-sharedrohingya-data-without-informed-consent. 92 “R-ID,” Rohingya Project – Financial and Social Inclusion Platform for Stateless, accessed September 20, 2021, https:// rohingyaproject.com/r-id/. 93 While non-penalization is covered by Art. 31 of the 1951 Refugee Convention and is generally recognized by non-signatory states alike, the principle is less established as customary international law. For a detailed discussion of state’s obligations under Art. 31 of the Refugee Convention, see Goodwin-Gill, Guy S. “Article 31 of the 1951 Convention Relating to the Status of Refugees: Non-Penalization, Detention, and Protection.” In Refugee Protection in International Law, edited by Erika Feller, Volker Türk, and Frances Nicholson, 1st ed., 185–252. Cambridge University Press, 2003. https://doi.org/10.1017/CBO9780511493973.011. 94 UNHCR. “Detention Guidelines,” 2012. https://www.unhcr.org/en-us/505b10ee9.pdf, 21. 95 “Detention and freedom of movement” of persons of concern. Available at https://emergency.unhcr.org/entry/44484/detention-andfreedom-of-movement-of-persons-of-concern. 96 UNHCR, Detention and Freedom of Movement of Persons of Concern. 97 OHCHR. “Detention Is Inextricably Linked with Ill-Treatment, Children Must Be Protected – UN Expert,” March 10, 2015. https://www. ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=15674. 98  here Are Alternatives: A handbook for preventing unnecessary immigration detention, International Detention Coalition (Revised T edition, 2015) https://idcoalition.org/publication/there-are-alternatives-revised-edition/. 99 Julia Mayerhofer, Protecting the rights of refugees in South and Southeast Asia, December 2018, https://www.routledgehandbooks. com/doi/10.4324/9781315720180-16. 100 United States Department of State, “2021 Trafficking in Persons Report: Malaysia”, (2021) https://www.state.gov/reports/2021trafficking-in-persons-report/malaysia/. 101 U Myat Kayew v. State of Manipur (Gauhati High Court, 1991), https://www.refworld.org/cases,IND_HC,3f4b8db67.html. 102 For example, in Mohammad Sediq v. Union of India, an Afghan refugee registered with UNHCR in India was given a “Leave India Order” under the Foreigners Act, though the court ultimately held that he must be allowed an opportunity to be heard before being forced to leave the country. 103 Yogeswari v. State of Tamil Nadu (Madras High Court, 2003), https://indiankanoon.org/doc/1809285/. 104 UNHCR Submission for Malaysia’s 3rd Cycle, 31st UPR Session, July 2018. 105 “Global Strategy Beyond Detention 2014-2019 Final Progress Report”( UNHCR, 2020) https://www.unhcr.org/uk/protection/ detention/5fa26ed64/unhcr-global-strategy-beyond-detention-final-progress-report-2014-2019.html. 106 Antje Missbach, “Substituting immigration detention centres with ‘open prisons’ in Indonesia: alternatives to detention as the continuum of unfreedom” Citizenship Studies 25, 2 (2020), https://www.tandfonline.com/doi/full/10.1080/13621025.2020.1859193. 107 The MOU was signed on 21 January 2019 by Deputy Prime Minister General Prawit Wongsuwan and by representatives of the Royal Thai Police and the Ministries of Social Development and Human Security, Foreign Affairs, Interior, Health, Education, and Labor. 108 Joint Statement: Thailand Government MOU on Alternatives to Detention for Children, 2019. Available at < https://www.fortifyrights. org/downloads/Joint%20Statement%20-%20MoU%20on%20the%20Determination%20of%20Measures%20and%20Approaches%20 to%20Detention%20of%20Children%20in%20Immigration%20Detention%20Centers.pdf > 109 All six countries are party to the Convention on the Rights of the Child (CRC), which includes the state’s obligation to provide all children with compulsory access to primary education (Article 28(a)), “irrespective of the child’s or the child’s parents’/guardians’ race, color, sex, language, religion, political or other opinion, national, ethnic or social origin, property, disability, birth or other status” (Article 2(1)). 110 Republic of Indonesia Ministry of Education (Letter No. 75253/A.A4/HK/2019). 111 “Break the Cycle: Education and the Future for Afghan Refugees” (UNHCR and Norwegian Refugee Council, September 2015) https:// reliefweb.int/report/pakistan/breaking-cycle-education-and-future-afghan-refugees-september-2015, 8-9. 112 The universal right to education is laid out under Article 26 of the Universal Declaration of Human Rights, as well as under Article 28 of the CRC. All six countries surveyed in this report are party to the CRC. 113 “No. 28020/58/2014-F.III” (Government of India, December 15, 2014), https://www.mha.gov.in/PDF_Other/LTV_09062017.pdf. 114 Florian Bochert, “Non-Existent Humans: How Stateless Persons Are Forced to Work Informally,” Harvard International Review, January 15, 2021, https://hir.harvard.edu/non-existent-humans/. 115 Report submitted for Malaysia’s Universal Periodic Review (3rd Cycle), Asia Pacific Refugee Rights Network, March 2018, https:// uprdoc.ohchr.org/uprweb/downloadfile.aspx?filename=5559&file=EnglishTranslation. 48 UND OING PRECARIT Y: ELE VATING P OSITIVE PR ACTICES FOR REFU GEE PROTECTION IN SO U TH AND SO U THE AST ASIA