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Offering a comprehensive and detailed analysis of refugee protection in Southeast Asia from an international law perspective, 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.
This book examines Southeast Asia's rejection of international refugee law through extensive archival analysis and argues that this rejection was shaped by the region's response to its largest refugee crisis in the post-1945 era: the Indochinese refugee crisis from 1975-1996.
This Handbook draws together leading and emerging scholars to provide a comprehensive critical analysis of international refugee law. This book provides an account as well as a critique of the status quo, setting the agenda for future research in the field.
In 2016, the International Organization for Migration (IOM) became part of the United Nations. With 173 member states and more than 400 field offices, the IOM—the new ‘UN migration agency’—plays a key role in migration governance. The contributors in this volume provide an in-depth and comprehensive insight into the IOM, its transformation, current structure and projects, as well as its capacity, self-understanding and political agenda.
Troubled Transit considers the situation of asylum seekers stuck in limbo in Indonesia from a number of perspectives. It presents not only the narratives of many transit migrants but also the perceptions of Indonesian authorities and of representatives of international and non-government organizations responsible for the care of transiting asylum seekers. Fascinated by the extraordinary and seemingly limitless resilience shown by asylum seekers during their often lengthy and dangerous journeys, the author highlights one particular fragment of their journeys — their time in Indonesia, which many expect to be the last stepping stone to a new life. While they long for their new life to unfold, most asylum seekers become embroiled in the complexities of living in transit. Indonesia, a vast archipelago of more than 17,000 islands, is more than a location where people spend time waiting; it is a nation state that interacts with transiting asylum seekers and formulates policies that have a profound impact on their experience in transit there. Troubled Transit tries to explain the complexities faced by the transiting migrants within the context of the Indonesian government and its political challenges, including its relationship with Australia. The Australia-centric view of recent asylum seeker issues has tended to ignore the larger socio-political context of the migratory routes and the perspectives of transit states towards asylum seekers stuck in transit. This book hopes to direct the Australia-centric gaze northwards to take Indonesian policies and policymaking into account, thereby giving Indonesia more relevance as a transit country and as an important partner in regional protection schemes and migration management. Even though some Indonesian policies and practices are less than favourable for asylum seekers, and even reprehensible from a human rights perspective, more attention must be paid to ongoing developments that impact on transiting asylum seekers in Indonesia if any of the hardships they suffer there are to be alleviated.
This book presents a comprehensive assessment of regional responses to the crisis in the asylum/refugee system and critically examines how different regions tackle the problem. The chapters consider the fundamental challenges which undermine an effective asylum process as well as regional difficulties with the various circumstances surrounding asylum seekers. With contributions on Africa, Europe, Latin America, South Asia and the Middle East, and the Pacific, the collection strives to appreciate what informs each region’s approach to the asylum process and asks if there are issues common to every region and if regions can learn from one another. The book seeks an understanding of the existing legal regime for the protection of asylum seekers and how regional institutions such as human rights commissions and regional courts enforce and adjudicate the law. The volume will be valuable to those interested in international law, migration and human rights.
This book examines the impact and effects of refugee externalisation policies in two regions: Australia’s border control practices in Southeast Asia and the Pacific and the activities of the European Union and its member states in North Africa. The book assesses the underlying motivations, processes, policy frameworks and human rights violations of refugee externalisation practices. Case studies illuminate the funding, institutional partnerships, geopolitical impacts, financial costs and the human price of refugee externalisation. It provides the first truly comparative analysis of asylum externalisation and explores maritime interdiction, extraterritorial process, containment and third-country interception, and communication campaigns in Southeast Asia and the Middle East/North Africa. This book will be of key interest to scholars and students of refugee and asylum studies, law, politics and the arts, legal practitioners, non-governmental organisations and policymakers grappling with the issues of detention, refugee externalisation practices and the growing need to find safety for the world’s most vulnerable.
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 Association of Southeast Asian Nations 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.
Temporary protection is a flexible tool of international protection, which offers sanctuary to those fleeing humanitarian crises, and currently affects the lives and legal status of millions of forced migrants. However, the content, boundaries and legal foundation of temporary protection, remain largely undefined or unsettled. There are only a few instruments that provide guidance to states on how to respond to mass influx situations and how to implement temporary protection regimes. In Temporary Protection in Law and Practice, Meltem Ineli-Ciger takes a step towards clarifying those undefined aspects of temporary protection, by examining temporary protection’s legal foundation in international law and its relationship with the Refugee Convention. The book also reviews temporary protection policies in Europe, Southeast Asia, Turkey and the United States, with a view to identifying elements that enhance and compromise the legality and viability of temporary protection regimes. Building on this analysis and legal limitations to the freedom of states to conceptualize different aspects of temporary protection, this book provides guidance to states on how to introduce and implement a viable temporary protection regime, which operates within the boundaries of international law and international human rights law.
This important study brings together an interdisciplinary group of essays by international scholars of European and Southeast Asian regional integration. The contributors examine whether there are useful lessons to be learned from the European experience. It offers an important contribution to the development of the field of regionalism studies.