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.

The chapters in this book explore the impact of recent shifts in global and regional power and the subsequent development and enforcement of international refugee protection standards in the Asia Pacific region. Drawing on their expertise across a number of jurisdictions, the contributors assess the challenges confronting the implementation of international law in the region, as well as new opportunities for extending protection norms into national and regional dialogues. The case studies span key jurisdictions across the region and include a comparative analysis with China, Indonesia, Thailand, Myanmar, Malaysia, Bangladesh and Australia. This topical and important book raises critical questions for the Asia Pacific region and sheds light on the challenges confronting the protection of refugees and displaced persons in this area. Interdisciplinary in its approach, it will be of interest to academics, researchers, students and policy-makers concerned with the rights and protection of refugees.

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 is an open access book. In light of the rising Southeast Asia in the centre of knowledge production, the Department of International Relations, the University of Mataram seeks to explore more wide-ranging topics of migration and development. Therefore, we plan to organize Southeast Asian Conference on Migration and Development (SeaCMD), which will take place on Lombok Island of West Nusa Tenggara Province in Indonesia. We encourage a broad range of scholars including researchers, lecturers, policymakers, research consultants, and postgraduate scholars to share their ongoing research or promote their past papers at this conference. Scholars from various disciplines are also encouraged to apply.

This collection focuses on regional approaches to refugee protection, and specifically upon the norms, and the norm entrepreneurs of those approaches. It considers how recent crises in refugee protection (such as the Syrian and Andaman Sea crises) have highlighted the strengths and limits of regional approaches to refugee protection and the importance of looking closely at the underlying norms, and the identities and activities of the relevant ‘norm entrepreneurs’ at the regional level. It compares the norms of refugee protection that have evolved in three regions: the EU, Latin America and the South East Asian region, to identify which norms of refugee protection have been ‘internalised’ in the three regional contexts and to contextualise the processes. The authors demonstrate the need for awareness of the roles of different norm ‘entrepreneurs’ such as states, international organisations and civil society, in developing and promoting basic norms on refugee protection. This book was originally published as a special issue of The International Journal of Human Rights.

This book analyses marginalisation and human rights in Southeast Asia and offers diverse approaches in understanding the nuances of marginalisation and human rights in the region. Throughout the region, a whole range of similarities and differences can be observed relating to the Southeast Asian experience of human rights violation, with each country maintaining particular aspects reflecting the variability of the use and abuse of political power. This book explores the distinct links between marginalisation and human rights for groups exposed to discrimination. It focuses on ethnic minorities, children, indigenous peoples, migrant workers, refugees, academics, and people with disabilities. This book highlights the disparities in attainment and opportunity of marginalised and minority groups in Southeast Asia to their rights. It examines how marginalisation is experienced, with case studies ranging from a regional approach to country context. Paying attention to how broader socio-economic and political structures affect different people’s access to, or denial of, their fundamental human rights and freedoms, the book argues that tackling human rights abuses remains a major hurdle for the countries in Southeast Asia. Providing a broader conceptual framework on marginalisation and human rights in Southeast Asia and a new assessment of these issues, this book will be of interest to readers in the fields of Asian Law, Human Rights in Asia, and Southeast Asian Studies, in particular Southeast Asian Politics.

The Security Dilemmas of Southeast Asia utilises a key security concept to examine one of the most dramatic regions of the world. Focusing on ethnic tensions, intra-ASEAN rivalries and the emergence of Chinese hegemony, the security dilemma is used to provide insights into a wide range of the region's contemporary security issues. In addition, the book expounds upon some of the new uses of the security dilemma, exploring both its applicability to ethnic tensions and a new variant, a state-induced security dilemma.

The only comprehensive analysis of international refugee rights, anchored in the hard facts of refugee life around the world.

"I have read the draft of this book sent to me by the editor. After reading this draft, I do think this book is valuable and timely. It discusses the contemporary issues that have worried many people in the present world: terrorism, human rights, Islamic radicalism and the problem of identity in the Singaporean capitalism. These issues are not discussed in the theoretical/abstract way (it also doesn't meant that theories are not discussed at all), but in the context of various concrete societies. The book deals with one of the above issues in Malaysia, Singapore and Indonesia (Aceh and Sumenep in Madura). Each issue is written by a different author that has studied the issue thoroughly. So, the book is a collection of research done by specialists of these issues. Two essays on Southeast Asia (one on health and the other on human security) give the general picture of this region, acting as a broad introduction of the chapters that follow. Each chapter has been written professionally and the readers will learn many things from each of them. One has to read the chapter in order to really appreciate them. Therefore I really recommend that this manuscript to be published as a book in order to get a large audience. One shortcoming though, this book deals with three countries only (Malaysia, Singapore and Indonesia), albeit these three are the important countries in the region. Other important Southeast Asian countries such as Thailand, the Philippines and Burma are not discussed individually. With the omission of these countries, it thus can be argued whether this book can represent the Southeast Asian region? Also in dealing with Indonesia, the chapters talk on sub-national level, namely on Aceh province and a peripheral city Sumenep in the island of Madura, East Java, while Malaysia and Singapore are dealt on the level of nation state. To conclude, even with these shortcomings, this book is still valuable. Therefore I would like to recommend it be published." —Arief Budiman, Foundation Professor of Indonesian, Asia Institute, The University of Melbourne, Australia