The Protection of Refugees in Southeast Asia
A Legal Fiction?
- Available for pre-order. Item will ship after February 18, 2022
This book offers a comprehensive and detailed analysis of refugee protection in Southeast Asia from an international law perspective. It examines both the legal and policy frameworks pertaining to the protection of refugees in the region as well as the countries’ response to refugee movements from the Indochinese refugee crisis in the mid-1970s to the most recent developments. It covers important aspects of refugee protection, such as access to territory, non-refoulement, the treatment of refugees, the concept of refugee as applied in the region, burden-sharing, and durable solutions to the plight of refugees.
The analysis focuses specifically on the main countries of asylum within the ASEAN that are not parties to the 1951 Refugee Convention, namely Thailand, Malaysia and Indonesia. Using an international law perspective based on the doctrine of the ‘two elements’ (practice and opinio juris), the author argues that these states have long recognized that people fleeing persecution, armed conflict, and generalized violence, namely refugees, should be protected. This in turn demonstrates that they recognize the existence and relevance of the international refugee regime despite their refusal to accede to the Refugee Convention.
Offering a different perspective on the links between international refugee law and refugee protection in Southeast Asia, this book will be of interest to researchers and practitioners in the fields of international relations, international refugee law, international human rights law, migration governance, and Southeast Asian Studies.
Table of Contents
List of Cases
List of International, Regional and National Instruments
List of Abbreviations
2. EXPLAINING SOUTHEAST ASIAN RESISTANCE TO THE RATIFICATION OF THE 1951 CONVENTION
3. A ‘LEGAL LIMBO’? OVERHAULING THE NORMATIVE FRAMEWORK FOR THE PROTECTION OF REFUGEES IN SOUTHEAST ASIA
4. ACCESS TO PROTECTION
5. THE REFUGEE CONCEPT IN SOUTHEAST ASIA
6. THE TREATMENT OF REFUGEES IN SOUTHEAST ASIA
7. THE SEARCH FOR SOLUTIONS
8. CONCLUSION – RECONCILING SOUTHEAST ASIA WITH INTERNATIONAL REFUGEE LAW
ANNEX: OVERVIEW OF THE RATIFICATIONS BY SOUTHEAST ASIAN STATES OF THE MAIN INTERNATIONAL HUMAN RIGHTS INSTRUMENTS
Sébastien Moretti is Senior Fellow at the Global Migration Centre of the Graduate Institute of International and Development Studies. He has also worked for various international organizations on issues related to refugees and migration, with a particular focus on the West African and Asia-Pacific contexts.