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The Peril and Potential of Ambiguity: How National Laws and Policies Can Strengthen and Protect the Rights of Rohingya Refugees

In: Asia-Pacific Journal on Human Rights and the Law
Authors:
Sumaiya Islam Open Society Justice Initiative, London, UK, sumaiya.islam@opensocietyfoundations.org

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Coline Schupfer Open Society Justice Initiative, London, UK, coline.schupfer@opensocietyfoundations.org

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Zaid Hydari Refugee Solidarity Network, New York, USA, zaid@refugeesolidaritynetwork.org

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Alexandra Zetes Refugee Solidarity Network, New York, USA, zetes.alexandra@gmail.com

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Kevin Cole Refugee Solidarity Network, New York, USA, kevin@refugeesolidaritynetwork.org

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Online Publication Date:
02 Jun 2021
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Abstract

Against a backdrop of toughening governmental stances towards refugees, migrants, and stateless persons in the Asia-Pacific region, there is a renewed urgency to consider possibilities for the expansion of protection and access to rights and services to those who normally face exclusion. Drawing on national case law, policy developments and other practices in six major host countries in the region, this article highlights instances in which, despite not being party to the 1951 Refugee Convention, states have extended rights to non-citizens and thereby signalled acceptance of key refugee rights norms. In examining these precedents, the article demonstrates the possibility of expanding protection outside of the international refugee law framework, and intends to provide inspiration for the progressive realisation of rights for displaced Rohingya communities across the region, as well as for other non-citizen communities facing similar challenges.

Title:
The Peril and Potential of Ambiguity: How National Laws and Policies Can Strengthen and Protect the Rights of Rohingya Refugees
Article Type:
Research Article
DOI:
https://doi.org/10.1163/15718158-22010004
Language:
English
Pages:
8–27
Keywords:
refugee protection; domestic refugee law regimes; Rohingya displacement; temporary/discretionary protection; non-signatory states; rights of non-citizens
In:
Asia-Pacific Journal on Human Rights and the Law
In:
Volume 22: Issue 1
Publisher:
Brill | Nijhoff
E-ISSN:
1571-8158
Print ISSN:
1388-1906
Subjects:
Human Rights, Human Rights and Humanitarian Law

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