1. EXECUTIVE SUMMARY
This document, “Positive Practices in Refugee Protection in the Asia Pacific Region”, is a research project conducted by the Asia Pacific Refugee Rights Network (APRRN), and generously funded by its member organisation Act for Peace. As a network organisation spanning 26 countries across the Asia Pacific region and working on a range of thematic issues, APRRN’s members have been involved in and been the impetus for numerous positive practices in refugee protection. These positive practices represent some of the ways in which civil society has been able to provide better support to refugee communities and engage the United Nations High Commissioner for Refugees (UNHCR) and governments. “Positive Practices in Refugee Protection in the Asia Pacific Region” comprises seventeen case studies highlighting positive achievements and actions towards increased refugee protection across the Asia Pacific region. APRRN’s Vision for Regional Protection1 provides the conceptual paradigm for the research. The Vision was drafted after extensive consultation with APRRN members and other stakeholders and is a broad high-level statement that sets out what APRRN thinks is achievable in the region within the next 10-20 years. The Vision is accompanied by a Plan of Action, as well as the Research Consultation Strategy (RCS) to structure and guide research, consultation and analysis.
In combination, these three documents form APRRN’s Vision and Framework for Regional Protection (AVFRP). The positive practices from this research are grouped under the Visions’s six thematic areas, namely:
a. freedom from violence, coercion, deprivation, exploitation and abuse;
b. access to essential services and livelihoods;
c. legal protection;
d. access to durable solutions;
e. the highest possible level of self-sufficiency;
f. partnerships for a supportive operating environment.
This research attempts to identify positive practices in each of these six areas. APRRN consistently champions the notion that there is a wealth of positive practices, often led by small organisations at the national level. However, many of these positive practices are yet to be documented and compiled in a manner useful for advocacy. Thus, the objective of this project was to map positive practices in the region as they relate to the protection of refugee rights. These practices provide evidence of positive impacts that may be valuable for replication, scaling up and further study. By analysing positive practices ‘step-by-step’, strategies and tactics can be identified that can be applied in other countries or contexts.
Whilst several case studies are ‘qualified’ successes, they can still be seen as useful learning opportunities and, where identified shortcomings can be addressed, as potential foundations for replication in other contexts. These positive practices can also be used as strong advocacy tools by civil society, in highlighting to governments in the region how refugees’ rights can be positively strengthened.
Research findings show that collaboration between different stakeholders such as governments, UN agencies, civil society and others, is crucial to advance refugee protection at the national and regional level. Tripartite models have shown to be successful by strengthening dialogue, acknowledging strengths and consensus building. Possible ways to enhance this collaboration include: the establishment of task forces and working groups, as well as holding roundtables on specific issues. As observed in the establishment of an Alternatives to Detention pilot project in Japan and legal representation in India, establishing pilot projects and identifying test cases can also be a useful tool when working with governments or UN agencies.
These approaches are targeted at building trust and confidence amongst stakeholders with the expectation that programmes can be scaled up in the future. Furthermore, including more ‘neutral’ stakeholders such as academia and National Human Rights Commissions may present a key strategy in bringing stakeholders together towards achieving a common goal.
Effective national level advocacy is a result of consistent, persistent and long-term engagement with decision and policy makers. This requires a great amount of patience from civil society and is often the result of cumulative efforts by multiple actors. This is borne out in many of the examples in this report. Changes have not occurred over just a few months but rather over several years of continuous engagement. The key challenge across the region is the lack of political will, and as such, this needs to be targeted effectively. National sensitisation trainings for government officials held in some countries have shown to be essential in building awareness and strengthening support for the refugee rights movement. For example, in Korea it was clearly shown that by identifying individual supporters with significant political influence, they might eventually become advocates and champions for refugee rights. Often however it is also about waiting for the right political opportunity to make issues heard more widely and push for change. Building the general publics’ awareness is also key to advancing refugee rights – only when citizens are convinced that refugee rights are of concern, then will politicians be encouraged to take action. Here, the strategic use of media can play a key role, as well as creative lobbying and campaign techniques.
This research also focused on national civil society networks and consortia in Nepal, Indonesia, Thailand and Pakistan as promising models for national level collaboration.
The formation of these networks highlights how creating strong unified national voices can be a robust tool for constructive engagement with governments, and enabling the effective sharing of information and resources at the national level.
When working and advocating with UNHCR, the research findings highlighted that a collaborative approach is generally more useful than confrontational engagement. Civil society should position itself as a partner that can help address problems through collaboration. Test cases and pilot programmes to build partnership and trust are a strong tactic in this regard. UNHCR can also foster this collaboration by engaging civil society actors as equal partners.
Finally, consultation with refugee communities should be considered a key component that contributed to the success of many case studies researched. Refugee voices and perspectives ought always to be sought and reflected throughout advocacy and programmatic activities, including planning and implementation. Most importantly, the dignity and agency of refugees is central and civil society must provide spaces for engagement and enable refugees to play more active roles. Such an approach will provide a greater likelihood that collaborative solutions can be achieved to strengthen refugee protection in the region.
