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Executive Summary and Recommendations

Scope of the research

The purpose of the interviews was to discuss the idea of ​​regional cooperation in the field of refugees. Over two weeks, the research team conducted 17 interviews with intergovernmental and government officials and members of civil society.

Background

Currently, the notion of 'protection-sensitive' regional cooperation in the Asia-Pacific region is part of the Bali process. Agreement on a Regional Cooperation Framework (RCF) was set out in the Co-Chairmen's Declaration for the Fourth Ministerial Meeting of the Bali Process.2 The core principles underlying the RCF are: . . a) Eliminate smuggling and promote orderly migration;

Country Profiles

Australia currently provides administrative funding for the RSO and has also funded a number of projects and activities. This included a project on unaccompanied and separated children.7 Funding has also been received from the US for a Regional Roundtable on Irregular Movement by Sea.8 Thailand, New Zealand and Japan have provided funding for activities and maintenance of the web process. Bali page.9 Canada has recently agreed to fund the RSO for a Junior Professional Office (JPO) and internship program.10.

Thailand

24 For a detailed discussion of conditions in camps, including ration cuts, poor education, prevalence of violence and mental illness, see Human Rights Watch, above n. For a detailed discussion of failure to register and process asylum seekers, see Human Rights Watch, above n.

Malaysia

Refugees have not been an issue of much public debate in the past, but there is now increasing debate and more information is publicly available.65 Public attitudes towards refugees are generally tolerant.66 Researchers at Mahidol University found that Thais have security fears with respect for refugees and migrants from Burma as well as fear of the impact on the economy, but that those with actual contact with refugees were less likely to hold these fears.67 As is the case in many countries, many Thais do not know the difference between refugees and others migrants. 77 Email from Lazuli Nambiar, Special Officer to YB Hajah Nancy Shukri, Minister to the Prime Minister. Rather, it sees assistance to refugees and asylum seekers as a humanitarian act that can be carried out on a case-by-case basis with UNHCR.83 In some cases, such as the Rohingya, religion plays a role in the decision to tolerate the presence of refugees.

UNHCR conducts refugee status determinations and provides a wide range of assistance to allow refugees basic self-support in the absence of any state-provided support. 83 Email from Lazuli Nambiar, Special Officer of YB Hajah Nancy Shukri, Minister in the Prime Minister. However, the government has also raised this issue as something that could be changed in the future.

88 Email from Lazuli Nambiar, Special Officer to YB Hajah Nancy Shukri, Minister in the Prime Minister's Office. Malaysia is one of the largest resettlement centers in the world, with 15,813 UNHCR applications for resettlement and. 96 Email from Lazuli Nambiar, Special Officer to YB Hajah Nancy Shukri, Minister in the Prime Minister's Office.

Indonesia

However, the issue of ratifying the Refugee Convention and Protocol is on Indonesia's agenda. According to UNHCR, in the past five years, Indonesia has experienced an 18-fold increase in the number of refugees and asylum seekers seeking protection through UNHCR in Indonesia.115 Indonesia currently hosts 11,132 refugees and asylum seekers.116 While Indonesia has traditionally been tolerant of refugees in her country, refugees have become a topic of more attention recently. Of the 11,132 refugees and asylum seekers currently in Indonesia, 2,260 have been recognized as refugees by UNHCR.117 The main countries of origin include Afghanistan.

There are 14 detention centers where asylum seekers can be detained – for example when they try to enter Indonesia or if they try to leave by boat, as well as a number of other rooms located in places such as immigration offices.120 V approximately 1,700 people are detained.121 Women, children and other vulnerable groups are often detained, often for long periods.122 IOM provides detention services such as food, medical examinations and counselling, with funding from Australia. 123. This is very problematic because detention centers are often overcrowded and those in charge of detention centers are not adequately equipped to care for refugees and asylum seekers. IOM provides community housing and refugees and those asylum seekers in IOM community housing receive an allowance of 1,250,000 rupiah per month (approximately AUD 115).131 Komnas HAM member reported the difficulties they have in communicating with refugees. in the IOM community. accommodation.

The Jesuit Refugee Service works with asylum seekers in Cisarua and provides assistance to the most vulnerable, including accommodation, food allowance and healthcare.133. Asylum seekers can enter Indonesia legally with a 30-day visa waiver, but then cannot apply for a visa while in Indonesia, meaning there is often a period when they are not protected from arrest and detention. As in the other two countries visited during this fieldwork, Indonesia does not allow refugees or asylum seekers to work legally.

Australia

Durable Solutions, Responsibility Sharing and Cooperation

Thai officials expressed the view that Australia was generous with resettlement opportunities for certain groups, especially the Burmese refugees in the 'temporary shelters'.150 However, more resettlement could be offered for other caseloads. Voluntary repatriation may become an option for Myanmar/Burma in the near future.151 Both governmental and non-governmental sources expressed the opinion that Burma should be persuaded to improve the situation for minorities within the country and that ASEAN should provide a forum offers in which can occur.152 Many other countries are not ready for return. Providing both refugees and asylum seekers with 'the right to earn a living through work freely chosen or accepted', as recommended in the Michigan Right to Work Guidelines, will not only protect refugees in the region, but will also significantly reduce the need for refugees to move on in an irregular way in search of protection.160 Many refugees in the region are currently forced to work illegally without any labor protection.

They survive on money sent to them by family members, rely on limited social services provided by NGOs, and/or live in poor conditions in the host country.161 For many refugees, these conditions may leave them with no choice but to leave the country. first asylum and move on in search of adequate protection for themselves and their families. Our fieldwork shows that governments in the region are dismayed by the current turn in Australian politics. This was most clearly demonstrated by Indonesia's recent refusal to accept a boatload of asylum seekers rescued or intercepted by Australia.

These guidelines were adopted by a group of academics expert in the fields of refugee law, human rights and labor law, together with senior law students in Michigan. Thai officials said they were worried about what would happen to asylum seekers next. Funding for civil society organizations, for example to assist asylum seekers with the refugee status determination process is an option that could improve the quality and speed of refugee status determination by UNHCR.167 Funding for advocacy would also be welcome,168 although governments may see this as overly interventionist. .

Recommendations

States and regional organizations such as the Bali Process should continue to expand research and mapping of mixed migration movements in the region. In particular, there is a need to examine in more detail why refugees decide to move on and why people smuggling occurs in the region. Research in these areas can then be used to make a positive contribution to the lives of refugees in the region and contribute to the eradication of the people smuggling market.

Regional organizations such as ASEAN and the Bali Process should promote stronger engagement with civil society organizations in the region. The involvement of civil society organizations is an important addition to the Bali Process and ASEAN because many of these civil society organizations are keenly aware of the special protection needs of refugees in the region. Currently, less than one percent of the world's refugees benefit from the durable resettlement solution, and there is a significant deficit between the number of refugees in need of resettlement to a third country and the number of resettlement places offered by states.175 Such resettlement should be strategic in the sense that it should aim to achieve protection outcomes beyond the individual benefit received by the selected refugee.

In addition to national appeals systems, a region-wide process could involve the ASEAN Intergovernmental Commission on Human Rights in the appeals process. States and regional organizations should strive to fight corruption in the field of immigration and ensure that refugees are not sold to human trafficking organizations. It should also include development programs that allow displaced persons to re-engage in work and education in their countries of origin.

Association of Southeast Asian Nations, 'ASEAN Economic Community Blueprint' (2008) http://www.asean.org/archive/5187-‐10.pdf. Human Rights Watch, 'Perilous Plight: Burma's Rohingya Take to the Seas' (maj 2009) http://www.hrw.org/sites/default/files/reports/burma0509_brochure_web.pdf. Azim, 'Tighter border checks for Australia-bound asylum seekers', New Straits TImes (Putrajaya), 24. oktober 2013 http://www.nst.com.my/latest/tighter-‐border-‐checks-‐for- ‐australien-‐bundne-‐asylansøgere-‐.

ILO Indonesia, 'Better protection of Indonesian migrant workers through bilateral and multilateral agreements', ILO News (Jakarta), 8 May 2013 http://www.ilo.org/jakarta/info/public/pr/WCMS_212738/lang- ‐-‐ . International Labor Organization, International Labor Organization Statistics Database (ILOSTAT) http://www.ilo.org/ilostat/faces/home/statisticaldata?_adf.ctrl-‐. Karupiah, Kalavaani and Kanyakumari Damodaran, 'Fingerprints for policemen', New Straits Times (Kuala Lumpur), 4 September 2013 http://www.nst.com.my/top-‐news/fingerprint-‐bonanza-‐for - --the policemen--.

Liberal Party of Australia and The Nationals, 'The Coalition's Operation Sovereign Borders Policy' (July . 2013)http://www.nationals.org.au/Portals/0/2013/policy/The%20Coalition%E2%80%99s % 20 Operating%. Mashall, 'Thailand secretly supplies Myanmar refugees for human trafficking', Reuters (Ranong), 4 December 2013 http://www.reuters.com/article us-‐thailand-‐rohingya-‐. Thai Committee for Refugees Foundation proposing Thailand's first Refugee Bill http://www.thaiforrefugees.org/proposing-‐thailands-‐first-‐refugee-‐bill/.

References

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