Asia Pacific Refugee Rights Network Annual Report 2011

Photo courtesy: Arakan Project Refugee team Photo courtesy:

Asia Pacific Refugee Rights Network

Annual Report 2011 Photo courtesy: Arakan Project Refugee team Photo courtesy:

Asia Pacific Refugee Rights Network

7th Floor, Ploy Mitr Building, 81 Sukhumvit soi 2, Bangkok, Thailand Tel / Fax: +66 (0) 22526654 | [email protected] | www.aprrn.org

Asia Pacific Refugee Rights Network

Annual Report 2011

Design and Layout: Julia Mayerhofer Editing: Anoop Sukumaran, Julia Mayerhofer, Issac Olson, Dana Mclean Photo Courtesy: The Arakan Project Refugee Team, Thai Committee for Refugees foundation, APRRN.

This document is under a creative commons licence. June 2012

Table of contents

4 Message from the APRRN Chairs 6 Note from the APRRN Secretariat 7 About APRRN 10 Refugees in the Asia Pacific - An overview of 2011 11 Australia & Pacific 11 South Asia 12 Southeast Asia 14 East Asia 15 Key Achievements in 2011 16 Making an impact - What APRRN members say 17 Advocacy programmes 25 Capacity- building initiatives 31 Network development and communication 34 APRRN Members 36 Acknowledgements

Message from the APRRN Chairs

The Asia Pacific Refugee Rights Network (APRRN) was established in 2008 at the first Asia Pacific Consulta- tion on Refugee Rights in Kuala Lumpur. While 2009 and 2010 were focused on laying a good foundation for the Network in the years to follow, 2011 was the year APRRN was able to implement a range of activities and produce tangible results.

In the second half of 2011, APRRN pioneered initiatives in the region such as a Refugee Mental Health Training in Hong Kong, a short course on refugee Pill Kyu Hwang Gopal Krishna Siwakoti law with the University of York and the Refugee and Statelessness Studies Programme at Mahidol Univer- in December 2010. Relevant stakeholders from the sity in Bangkok. In November 2011, APRRN and the Thai government recognized the statement and International Detention Coalition also organized a APRRN supported Thai civil society to take the lead. successful workshop on immigration detention for This was a historic development and has led to 45 participants from across the region. In the same further releases of refugees and asylum seekers from month, APRRN coordinated the East Asia Symposium detention by other stakeholders. Our members in under the theme “Beyond Asylum: Refugee Policy Thailand are now also working on a draft bill, which in Practice and How Refugees Experience it,” which will be tabled at parliament if 10,000 signatures from brought together over 100 people from Hong Kong, Thai citizens are collected. Other key achievements Korea, Japan and Taiwan. In addition we were able include the draft of Standard Operating Procedures to hold consultations in three sub-regions: East Asia in Indonesia, the new refugee law in South Korea and (November), Southeast Asia (September) and South the promising collaboration between civil society Asia (April). and the Japanese government.

In 2011, our advocacy efforts also concentrated on APRRN members have also continuously engaged strengthening initiatives of members on a national with regional formations such as ASEAN & SAARC level. One of the highlights this year was the release and its diverse bodies to ensure that refugee lan- of 94 refugees and 2 asylum seekers from immigra- guage is represented. In addition, APRRN has ex- tion detention in Bangkok in June 2011. APRRN co- panded the reach of the network and continues ordinated the initial joint statement demanding the cooperating with other networks such as the Solidar- release of detained Ahmadi Pakistanis in Thailand ity for Asian People’s Advocacy (SAPA) network.

On an international level, APRRN continues engaging with UNHCR in Geneva as well as with the UNHCR Regional Hub. Through APRRN, members were able to raise key concerns with UNHCR senior staff and APRRN is now being recognized as one of the key stakeholders in refugee rights discourses. During the UNHCR Consultations with NGOs in June 2011, APRRN also officially launched model pledges to states, which urge governments in the Asia Pacific region to embrace a number of pledges related to the protection of refugee rights.

In 2011, the APRRN Secretariat saw some positive changes. Julia Mayerhofer joined as Programme Officer in April 2011 and Haemin Park as an intern from July to December 2011. This increase in staff has allowed APRRN to develop the previously mentioned range of new initiatives.

APRRN has now grown to over 110 members organized in four thematic and four geographical working groups. APRRN has facilitated discussion, sharing of resources and joint responses among its members through our various communication channels. All of this has resulted in a dynamic and maturing network making us confident that APRRN will continue to grow and strengthen its position in 2012. After this fruitful year, we would like to express our sincere thanks to the other Steering Committee members, the APRRN Secretariat and of course all members for their continuous commitment towards APRRN.

Pill Kyu Hwang, Chair of the Asia Pacific Refugee Rights Network

Gopal Krishna Siwakoti, Deputy Chair of the Asia Pacific Refgugee Rights Network

Note from the APRRN Secretariat

2011 was significant as it commemorated the 60th Programme Officer. The Secretariat was also sup- anniversary of the 1951 Convention Relating to the ported by Haemin Park, who volunteered as an intern Status of Refugees and the 50th anniversary of the from July to December. Undoubtedly, this increase in 1961 Convention on the Reduction of Statelessness. human resource capacity from competent and com- It is fitting that through its various initiatives the Asia mitted individuals has meant greater efficiency in Pacific Refugee Rights Network (APRRN) made a mark meeting the goals set for the Secretariat. at the national, regional and international levels in 2011. The Secretariat wishes to thank the APRRN Steering Committee for their incredible support and insight, The strength of APRRN resides in the incredible com- the APRRN membership who inspire us with their mitment and ownership that its membership dem- work and APRRN donors whose support has enabled onstrates toward upholding and advancing refugee the achievement of the outcomes for the year. rights in the region. The network has become a platform that synergizes the wonderful work that is The Secretariat is proud and honoured to be part of a being done at various levels. movement that is advancing the rights of refugees.

Based in Bangkok, the APRRN Secretariat is tasked Anoop Sukumaran with coordinating the activities of the network APRRN Coordinator as well as enabling the achievement of goals and objectives set by the membership. The Secretariat is provided policy direction through the Steering Committee, as representatives of the general APRRN membership. The APRRN Secretariat remains in con- APRRN Secretariat Team stant contact with the membership through emails, newsletters, website and face-to-face interactions at workshops, consultations and field visits. In addition, the Secretariat endeavors to ensure the active partici- courtesy: APRRN Photo pation of all the members and encourages contributions to policy debates, knowledge, resource and skill sharing.

In 2011, the Secretariat was augmented by the re- cruitment of Julia Mayerhofer as the APRRN

About the Asia Pacific Refugee Rights Network

The Asia Pacific Refugee Rights Network (APRRN) was Forging partnerships between civil society, UN founded in November 2008 and since then has pro- agencies, national governments, academic institu- vided a forum for joint advocacy and communication tions, and regional bodies through a common front between diverse civil society organizations working catalyzes the movement and draws upon all refugee on refugee rights in the Asia Pacific. The Network support systems to maximize available resources and currently consists of more than 110 members, bring- leave no potential pathway untried. ing them together to strengthen protection frameworks and develop key mechanisms to advance APRRN members are organized according to four refugee rights in the region. The strength of APRRN Geographical and four Thematic Working Groups: as a network is drawn from its assorted member base specializing in varied fields such as service provision, Geographical working groups human rights advocacy, research, pro-bono legal aid, and refugee community-based organizations. Using • South Asia these various specializations to establish mecha- • Southeast Asia nisms and strategies addressing refugee situations • East Asia creates a holistic and resourceful response. • Australia and Pacific

Core activities Thematic working groups

APRRN undertakes joint advocacy, capacity build- • Immigration Detention ing, and highlights under-addressed issues through • Legal Aid and Advocacy information sharing, regular contact between mem- • Right to Health APRRN Secretariat Team bers, trainings and conferences, and university short • Women and Girls at Risk courses for academics and advocates. The network’s mission is to protect fundamental refugee rights The APRRN Secretariat is based in Bangkok and is enshrined in the 1951 Refugee Convention and its currently comprised of one Coordinator, one Pro- 1967 protocol. By encouraging the adoption and gramme Officer and one intern. The Steering Com- implementation of international human rights laws, mittee of APRRN, elected by members bi-annually, and raising awareness of violations, APRRN aims to provides general guidance for the direction and protect victims of forced migration in the Asia Pacific structure of the Network. The Steering Committee by securing basic protections and preventing further is comprised of the Chairs and Deputy Chairs of the rights violations. geographical working groups and the Chairs of the thematic working groups.

Steering Committee members

Designation Name Country APRRN Chair Pill Kyu Hwang South Korea APRRN Deputy Chair Gopal Krishna Siwakoti Nepal Host Organization Representative Yap Swee Seng Thailand Appointed Representative Marip Seng Bu Thailand South Asia Working Group Chair Florina Benoit India South Asia Working Group Deputy Khalid Shezad Mir Pakistan Chair Southeast Asia Working Group Veerawit Tianchainan Thailand Chair Southeast Asia Working Group Vladimir Hernandez Philippines Deputy Chair East Asia Working Group Chair Brian Barbour Japan East Asia Working Group Deputy Won-Geun Choi South Korea Chair Australia & Pacific Working Group Tamara Domicelj Australia Chair Australia & Pacific Working Group Kafeba Mundele New Zealand Deputy Chair Immigration Detention Working Jong Chul Kim South Korea Group Chair Legal Aid and Advocacy Working Medhapan Sundaradeja Thailand Group Chair Women and Girls at Risk Working Efterpy Mitchell Australia Group Chair Right to Health Working Group Ashok Gladston Xavier India Chair Photo courtesy: Refugee team Project Arakan Photo Deputy Chairs of the Thematic Working Groups The Deputy Chairs of the Thematic Working Groups, who do not sit on the Steering Committee but co-lead the Thematic Working Groups, are:

Immigration Detention Working Grant Mitchell Australia Group Legal Aid and Advocacy Working Christine Lin Hong Kong Group Women and Girls at Risk Valeria Racemoli Thailand Right to Health Working Group Anna de Guzman Thailand Chair

Ex-officio Steering Committee members Ex officio Steering committee members are nominated for their expertise in particular fields and their dedica- tion to the Network. The ex officio members do not have voting rights. The maximum number of members is three. For the period of 2010 - 2012 they include: • Alice Nah, UK • James Thompson, Australia • Grrant Mitchell, Australia

Advisory Committee The Advisory Committee members are people appointed for their expertise in specific fields. The Advisory Committee cannot be part of the Steering Committee but liaises with the Steering Committee and the Secre- tariat through the Chairperson and the Coordinator respectively. The Advisory Committee is comprised of: • Lakshan Dias • Amy Alexander • Chris Lewa • Martin Jones Photo courtesy: Refugee team Project Arakan Photo

Photo courtesy: Refugee team Project Arakan Photo Refugees in the Asia Pacific - An overview of 2011

The Asia Pacific Region is the site of some of the tion and/or its 1967 Protocol. In addition there is no world’s most acute and protracted refugee situations. domestic legislation in place in most countries to Of the 10.5 million refugees estimated by UNHCR in ensure refugee protection. 2010, Asia hosted more than half of world’s refugees (54 %). In addition, there are several more million Standards of protection for refugees and asylum asylum-seekers, stateless persons and internally dis- seekers in most parts of the Asia Pacific region there- placed persons (IDPs) in the region. Prolonged armed fore continue to remain low. This lack of protection is conflicts as well as the absence of robust state-based characterized by long waiting time for refugee status human rights protection and democratic institutions (including registration), arrest, arbitrary detention, have contributed to increased refugee flows from lack of the right to work and limited access to health countries of origin. services, education, vocational training opportunities and most seriously, forcible return to countries in Only 26 of the 61 countries located in these two re- which they are likely to suffer persecution (refoule- gions are state parties to the 1951 Refugee Conven ment).

Australia and Pacific destructive impacts of indefinite mandatory detention are satisfactorily addressed. Some groups con- In 2011, the focus in the Australia and Pacific region tinue to face indefinite detention and recognized was around the proposed Australia Malaysia refugee refugees – among them families with young children swap deal which intended to exchange 800 asylum –are of particular concern. seekers from Australia for processing in Malaysia while accepting 4,000 UNHCR registered refugees Australia has played a key role in the developments from Malaysia for resettlement in Australia. While the around the Bali Process, including the establishment acceptance of an additional 4,000 refugees to Aus- of the first in-principle regional agreement to work tralia was welcome, the transfer of 800 asylum seek- collectively on refugee protection, and the proposal ers from Australia, which is a signatory to the 1951 to establish a Regional Support Office to facilitate the convention, to Malaysia, which is not a signatory to implementation of cooperative arrangements. the 1951 convention was deeply problematic. Such a deal would not only undermine the protection of South Asia refugees but would also send a clear message to the region that Australia does not respect the binding In Bangladesh, the government continues to restrict nature of its international obligations towards refu- humanitarian access to unregistered Rohingya in two gees. The deal was overturned in September 2011 in makeshift settlements affected by overcrowded liv- the Australian high court, but the government seems ing conditions and high levels of malnutrition. Bang- to remain committed to offshore processing. This re- ladesh rejected a US$33 million UN Joint Initiative implementation of offshore processing in the future development assistance programme intended for has also sparked worries among members. Not only all vulnerable populations of the Cox’s Bazar District. Refugees in the Asia Pacific - do these arrangements risk causing harm to people Furthermore, Bangladesh also suspended the reset- seeking protection, they also undermine the poten- tlement programme in the refugee camps and an- An overview of 2011 tial for regional cooperation on protection issues. nounced a repatriation agreement with Myanmar. However, there have been some positive develop- In Sri Lanka, rejected Tamil asylum seekers deported ments such as the Australian Government’s an- to Sri Lanka from mainly European countries have nouncement in November that it will begin to wind been subject to arbitrary arrest and torture. There back its policy of indefinite mandatory detention is also no post repatriation protection in place and by progressively releasing asylum seekers who have there is no guarantee that the voluntarily repatriated passed identity, health and security checks into al- will not be taken into custody. Sri Lankans in India are ternative community arrangements. In addition, the also slowly beginning to return but the post-integra- government has also decided to process all asylum tion process is still questionable and lacking in ease. claims under a single status determination system, Of concern are also the new UNHCR eligibility guide- regardless of the claimant’s mode of arrival. lines on Sri Lanka and that here is little transparency and clarity on the status of Sri Lankan asylum seek- Similar to other regions, detention also remains a key ers, which are often stuck in limbo in countries such concern in Australia, where there is a need for a more as Hong Kong and Thailand. comprehensive program of reform ensuring that the

In Nepal, many Tibetans, particularly young adults Pakistan has been host to the world’s largest refugee and children, lack Refugee Cards (RCs). The govern- population with some 1.7 million Afghan refugees. ment of Nepal does not recognize refugees coming The issue of Afghan refugees has become a protract- from other places than China-Tibet and Bhutan, and ed one, spread over 28 years. The challenge to find- thus treats urban refugees as illegal immigrants and ing sustainable solutions to the refugee problem is penalizes them for the violation of the immigration complicated by the fact that Pakistan has not signed law. Often Tibetans arriving in Nepal continue to be the 1951 Refugee Convention or its subsequent subject to detention. Nepal also seems indefinite protocols. Although the refugee population has lived on opening up the option for local integration of here for nearly three decades, they continue to live in Bhutanese refugees, but it is welcoming that Nepal a legal limbo when it comes to their status. Afghans has started 3rd country resettlement to over 55,000 in Pakistan are regularly subject to harassment, Bhutanese refugees since 2007. extortion and detention. In addition refugees are largely viewed as illegal migrants coming to Pakistan for economic reasons instead of fleeing persecution and a lack of security back home.

According to UNHCR, 3.7 million refugees have returned back to Afghanistan since March 2002. But despite this, the need to provide humanitarian assistance, explore durable solutions and advocate for the accession to the refugee convention, remains. Photo courtesy: Refugee team Project Arakan Photo In India, the situations facing Chin and Rohingya refugees from Burma continues to be a concern Southeast Asia because there is no protection for these groups. At In Southeast Asia, key developments in 2011 in- the same time it was welcoming to see India’s renew- clude increased refugee outflows from Myanmar to ing of residential permits for Burmese and Afghan China and Thailand. In December 2011, an estimated refugees, and it is hoped that these permits can be 45,000 refugees from Kachin state resided in camps extended to all refugees regardless of origin. along the China border while in Thailand refugee population numbers remained stable at roughly The 65,000 Sri Lankan Tamil refugees living in the 143,000 refugees in nine camps. camps of Tamil Nadu, India have been observing developments in Sri Lanka. In the meantime, the Tamil APRRN members based in Thailand continue to Nadu government has extended welfare measures remain concerned about the possible repatriation to the refugees on par with locals. The new state of Burmese refugees from Thailand to Myanmar. government has announced several programmes for While there is some positive political reform inside refugees and a special fund of 3 million rupees has Myanmar initiated by the Thein Sein government been allocated for the welfare of the camp refugees. and ceasefire agreements have been negotiated with This also includes a special fund to support self-help several armed groups, human rights abuses still con- groups in the camps that were founded and are be- tinue and new conflicts have arisen inside the ing maintained by one of the APRRN members. 12

country. Moreover, many areas to which refugees to ensure that all asylum seekers and refugees are would be expected to return are littered with land granted fair and due process to status determina- mines and unexploded ordinances, making it un- tion procedures. At the same time, in a welcome step safe for refugees to return to those areas even if the new regulation under the 2011 immigration law the political conditions were conducive for return. provides that children and minors should be released APRRN strongly believes that any return of refugees from immigration detention centres. However while should be conducted only after ensuring that there APRRN members commend examples of children are mechanisms in place to provide adequate sup- being given access to education, the law has not port for returnees, independent monitoring systems been fully implemented and the right to education and most importantly return is truly voluntary, with and release for refugee children is yet to be formally safeguards against persecution by state and non- guaranteed. state actors.

In Bangkok, June 6 signified the day when ninety-six Ahmadi asylum seekers from Pakistan were released from Thailand’s Immigration Detention Centre (IDC). The number included 33 children and a newborn baby, all of whom had been detained for at least six months. It was a historic event, marking the first time that such a milestone was achieved by civil society, spearheaded by a member of APRRN and the Nation- al Human Rights Commission of Thailand, along with Photo courtesy: Arakan Project Refugee team the Immigration Bureau. Adding to the momen- Malaysia’s 6P Programme, a registration exercise tum of the release the Refugee Freedom Fund was enacted in August 2011 to regularize 2.5 million mi- launched on June 20, 2011. The fund provides the re- grant workers, jeopardizes the safety and security of sources for bail, and accommodation and social wel- asylum seekers and refugees residing in the country fare for refugee families until third country resettle- by failing to recognize refugee status. Ongoing im- ment can be embarked upon. In the short term, the migration crackdowns violate refugee protection and Fund supports alternatives to detention and enables RSD procedures. The arrest and detainment of offi- refugees to have greater freedoms and an improved cially recognized refugees is also on-going and NGOs quality of life until durable solutions are found. In struggle to get access to immigration detention the long term members in Thailand are also working centres where conditions are appallingand include to pass a draft bill through parliament to enable a crowded cells, lack of food, the use of caning and national legal framework for refugee protection. incidents of suicide.

In Indonesia, the expansion of immigration deten- The Government of the Philippines signed the 1954 tion centers remains a primary concern to NGOs. Statelessness Convention on May 30, 2011 and the Poor conditions and long processing times continue instrument was deposited to the United Nations on to inhibit refugees from enjoying basic human rights. September 26, 2011. By doing so, the Philippines NGOs continue to advocate for full access to detain- became the first Southeast Asian country to ratify the ees for the UNHCR and legal aid advocates in order Statelessness Convention. 13

NGOs now encourage the Philippine Government Hong Kong has introduced legislation to meet its to establish clear mechanisms for protecting state- obligations under the Convention Against Torture less persons in the country. While the government (CAT), and is assuming responsibility to meet the is supportive of refugee protection, NGOs continue basic needs, not only of CAT claimants and asylum to advocate for protection of asylum seekers as well, seekers, but also of refugees. NGOs are encourag- especially those with difficult cases and where status ing Hong Kong, in consultation with civil society determination might take some time. APRRN mem- and UNHCR, to consider streamlining the domestic bers have been directly involved in advocacy leading CAT process and UNHCR refugee status determina- to these achievements. tion (RSD) process, increasing basic needs assistance and/or implementing a right to work, embracing the East Asia principle of non-refoulement, and providing local integration as a durable solution for successful CAT South Korea passed a New Refugee Act on Decem- claimants and refugees. ber 29, 2011 that stipulates improved processing of asylum seekers’ applications at airports, expedited refugee status determination processing times, al- lowance of legal assistance, and an appeals process. While there are some problematic articles that need revision, it is a welcome step ensuring refugee protection in South Korea. It will come into action on July 13, 2013.

In Japan, refugees worked alongside citizens in relief efforts to reconstruct affected communities after the 9.0 magnitude earthquake and tsunami that struck the country in 2011. Refugee contributions after the Japan earthquake and the tsunami are an outstand- ing example of the valuable contribution refugees can make in their host communities. Furthermore, the Japanese government has initiated a three- year pilot resettlement project in 2010 for Burmese refugees and there are prospects that this could be established into a permanent processes in the future. In addition, the release of children from detention, shortened detention periods and better conditions in detention centres are a welcome change. The Japa- nese government is also collaborating with NGOs in setting up a working group to discuss alternatives to detention, which contributes to momentum on establishing greater overall refugee protection.

Key achievements in 2011

Key achievements in 2011 include advocacy efforts, • The Legal Aid Working Group along with capacity building and information sharing activities: the Asian Refugee Legal Aid Network (ARLAN) • In May and September 2011, APRRN pub- conducted two trainings in April and Septem- lished joint statements on the Australia-Malay- ber 2011 on legal aid and the development sia Refugee Swap Deal and on new approaches of pro-bono legal aid networks in Asia Pacific regarding the Regional Cooperation Framework countries. and refugee protection. An ad-hoc working • APRRN members participated in the annual group was formed to closely monitor develop- UNHCR consultations in Geneva in June 2011. ments. Here, APRRN highlighted a range of key issues • APRRN and the International Detention Coali- with UNHCR representatives and presented the tion held a regional workshop on immigration model state pledges developed by APRRN. detention from November 24-25, 2011 in Kuala • For World Refugee Day on June 20, APRRN Lumpur, which was joined by 45 participants and the Thai Committee for Refugees Founda- and allowed members to coordinate and de- tion co-organized an event to commemorate velop concrete action plans to improve gaps in World Refugee Day and launched three new protection. initiatives including the Draft Bill, the Refugee • APRRN pioneered capacity-building on Freedom Fund and the Refugee Studies and refugee mental health in Asia and held the first Statelessness Programme. training in Hong Kong from November 9-11, • In January 2011, APRRN released a statement 2011. demanding the release of Ahmadi Muslims and • From September 17-18, 2011 APRRN spear- other refugees and asylum seekers who were headed the Southeast Asia Working Group Con- held at Bangkok Immigration Detention Centre. sultation in Bangkok. The face-to-face meeting Together with the National Human Rights Com- enabled the working group to formulate action mission of Thailand and Thai civil society, APRRN plans and identify strategic issues to address in successfully lobbied the Immigration Bureau the upcoming year. and provoked an unprecedented response with • In cooperation with the Centre of Applied Hu- the release on bail of 94 refugees and 2 asylum man Rights at the University of York (UK), APRRN seekers on June 6, 2011. organized a “Short Course on International Refu- • APRRN members in Thailand were able to gee Law and Advocacy” from September 12-16, include refugee issues in the NGO report for the 2011 to increase academic focus on refugee Universal Periodic Review (UPR) of Thailand. issues. • Continuous engagement with different • In August 2011, APRRN launched the Refu- ASEAN bodies such as the Solidarity for Asian gees and Statelessness Studies Programme at People’s Assembly, the ASEAN Civil Society the Centre for Social Development and Hu- Conference and the ASEAN Intergovernmental man Rights at Mahidol University (Thailand) to Commission on Human Rights (AICHR) allows strategically build strength for the movement for incremental steps towards placing refugee through educational institutions in the Asia issues on the regional political agenda.

Making an impact - What APRRN members say

Feedback and evaluation from APRRN members con- By streamlining goals and conducting activities tinues to be positive and APRRN continues to grow aimed at advocacy, APRRN contributes to the promo- and develop with its members. APRRN’s strength is tion and protection of rights. Similarly, new organiza- derived from the activities of each of the members, tions have found and gained strength from capac- and their commitment to working together. Mem- ity building trainings and workshops of APRRN, in bers say that the common forum for information- particular through new initiatives such as the short sharing and communications tools such as google course on refugee law and detention workshops. groups facilitate regular contact, timely news up- dates and the ability for coordinated response and In addition, by representing the Asia-Pacific region at improved strategies. According to members, the UNHCR and regional formations, the needs of refu- Network plays a key role in linking NGO counterparts gees and of asylum seekers are given voice in one across East, Southeast and South Asia. Moreover, streamlined message on the global/regional agenda. APRRN has vastly improved their knowledge base By continuing to facilitate and enhance members’ of refugee issues in this region through information capacity and coordination to act for refugee rights, sharing. APRRN looks forward to continue the momentum of 2011. Migration and the protection of forcibly displaced persons involves cross-border stakeholders, and “Since its establishment in 2008, therefore necessitates cross-country coordination APRRN has transformed the level, and regional solutions. APRRN creates a platform for this coordination. For example, the movement of the depth and the effectiveness of asylum seekers and refugees from Asia to Australia contact between Australian NGOs is influenced by their treatment in Asia and without focused on refugee policy and this understanding, it would be impossible for stakeholders in Australia to conduct proper advocacy to their counterparts in Asia. I was Photo courtesy: Refugee team Project Arakan Photo influence national policies and develop adequate embarrassed to admit that we had protection frameworks. Through APRRN, members far more contact with our counter- in Australia were able to reach out to other groups in parts in Europe and North America Asia to broaden this understanding and contribute to discussions around a Regional Cooperation Frame- than we did with any NGOs in Asia. work in Australia. That has all changed - and purely because of the work of APRRN.” While connecting NGOs is key for advancing protection of refugee rights, other important actions such as finding alternatives to detention, creating plans, Paul Power, Refugee Council of facilitating capacity building and coordinating advo- Australia cacy activities, are crucial to catalyze the momentum of the refugee movement.

Making an impact - Advovacy programmes What APRRN members say Photo courtesy: Refugee team Project Arakan Photo

“APRRN has empowered and strengthened TCR’s capacity to take an active role in advancing for refugee rights, in particular, advocating for regional/international mechanisms to promote and protect refugee rights in ASEAN and UNHCR.

Without APRRN, it wouldn’t have been possible to achieve the goals we set since the foundation”.

Thai Committee for Refugees Foundation

Australia Malaysia Refugee Swap Deal The statement highlighted Australia’s essential role in working towards the development of a sustainable In 2011, part of APRRN’s advocacy work for the Asia regional protection framework in the Asia-Pacific Pacific was dedicated to statements on the Australia region. As a party to the Refugee Convention and Malaysia refugee swap deal, which was closely moni- a nation with well established systems for refugee tored by the sub-regional working group. APRRN status determination and a strong settlement sup- members expressed disappointment at the proposed port sector, Australia has a paramount place in the Refugee Swap Deal. As Australia is party to the 1951 process. Refugee Convention and its protocol, respect for its binding international human rights obligations The full statement can be downloaded here: should discourage the swap deal from taking place, http://refugeerightsasiapacific.org/2011/09/16/ and it presents a step backward in regional coopera- apprn-statement- on-a-new-approach-to-regional- tion on refugee protection. cooperation-on-refugee- protection/

As a response, a joint statement on the Australia – Regional Cooperation Framework Malaysia refugee swap agreement was published in May 2011 and endorsed by 49 members. Up until 2009, the Bali Process focused on transna- tional crime. Refugee protection issues were only The full statement can be downloaded here: included in the Bali Process as of April 2009 at the http://refugeerightsasiapacific.org/2011/05/17/ Third ministerial meeting responding to UNHCR’s rec- aprrn-joint-statement-on-the-australia-%E2%80%93- ommendations that a Regional Cooperation Frame- malaysia-refugee-swap-agreement/ work (RCF) would respond to mixed and irregular movements more effectively. The Bali Process then The deal was later overturned in the High Court, officially adopted the RCF in 2011. Outcomes of the which held it unlawful under Australia’s existing agreement included providing access to fair status domestic immigration legislation to transfer asylum determination procedures as the sole means to com- seekers to another country unless legally enforceable bat and deconstruct the “people smuggling model” safeguards exist to guarantee fair status determina- of asylum seekers across borders. Reforms need to tion and effective protection for those transferred. expand protection space and establish transpar- APRRN urges the Australian Parliament to refrain ent and safe procedures to invalidate asylum seek- from passing amendments on to existing legislation, ers’ fears of punishment and illegality when fleeing which will enable implementation of offshore pro- across borders from persecution. cessing arrangements. APRRN believes that for meaningful regional cooper- In September 2011, APRRN members published a fol- ation, states have to adopt a rights based approach, low-up statement calling for regional governments addressing conditions and concerns in the source in the Asia-Pacific region to develop, in collaboration and transit countries for refugees and asylum seek- with civil society, a national action plan detailing the ers. Keeping this in mind APRRN views engaging with progressive steps they will take towards improving the RCF and its implementation as critical. The poten- refugee protection standards and enhancing en- tial for problematic operationalizing of the RCF will gagement with other states on protection issues. have detrimental consequences for thousands of 18

refugees and asylum seekers in the region. It is World Refugee Day APRRN’s view that effective burden sharing, and protection measures for refugees and asylum seekers in On 20 June 2011, TCR and APRRN co-organized the the transit countries is likely to have a greater impact “60th year of Refugee Convention and Thailand: Past, on reducing numbers of people taking risky journeys, Present and Future” to commemorate and embark as well as improving access to rights for refugees and upon initiatives to enhance refugee rights and pro- asylum seekers and other vulnerable groups. tection in Thailand.

Due to the fact that the RCF has only been estab- Attendance was open to the public and included UN lished in 2011, many members still lack a clear un- representatives, NGO workers, activists, and aca- derstanding on what role civil society can play in demics- all of whom enjoyed speeches by Dr. Niran it. APRRN has started sharing resources and will set Pitakwatchara (National Human Rights Commission up an ad-hoc working group to identify potential of Thailand), Dr. Sriprapha Petcharamesree (AICHR channels for engagement and keep monitoring the Thailand representative), Somchai Homlaor (Human developments around the RCF. Rights and Development Foundation and National Commissioner on Law Reform), and Dr. Vitit Muntab- Open letter to the prime minister of Thai- horn (Law professor at Chulalongkorn University in land Thailand).

Another advocacy point in 2011 by the Network addressed the deportation of an officially recognized Lao Hmong refugee from Thailand on December 17, 2011. Ka Yang was deported from the Immigration Detention Centre to the Lao border for the second time despite being slotted for third country resettlement in the United States. As Ka Yang’s safety and security is jeopardized in Laos, his deportation from Thailand violates customary and binding international human rights law of non-refoulement and

prevents him from being able to accept the invitation Refugees for courtesy: Thai Photo Committeee World Refugee Day Event at FCCT for resettlement in the United States. NGOs remain deeply concerned about the whereabouts and well APRRN and TCR also announced the official launch- being of Ka Yang and request that his rights be re- ing of three new endeavors to enact domestic policy spected. change through the Refugee Freedom Fund, the draft legislative bill, and the Refugee and Stateless The full document can be downloaded here: Studies Programme at Mahidol University. The initia- http://refugeerightsasiapacific.org/2011/12/27/open- tives aim to address short and long term barriers to letter-to-the-prime-minister-of-thailand-yingluck- refugee protection and freedom, and build academic shinawatra/ capacity for working towards enhanced refugee rights, respectively.

A full account of activities can be downloaded here: cooperated on many issues such as immigration http://refugeerightsasiapacific.org/2011/06/21/press- detention, alternatives to detention, the 6-P Registra- release/ tion Programme in Malaysia, Refugee Status Deter- mination (RSD) procedures and the RCF/Bali Process. APRRN members across the region also organized UNHCR has acknowledged the important role that events such as a Flashmob in South Korea, a special civil society can play in protecting refugees and function in Nepal, a rally organized by Chin refugees advancing for sustainable solutions. The Network’s in India, a Refugee Conference in Australia, along growing recognition has also enabled APRRN to with various press releases. voice concerns on gaps and challenges that members have pointed out. Engagement with UNHCR APRRN Model State Pledges More than 14 APRRN members were present at the 2011 UNHCR Consultations with NGOs in Geneva, During the 2011 UNHCR Consultations with NGOs, which were held from June 28-30, 2011. APRRN APRRN officially introduced its model pledges to members have been actively involved in sessions as states. The launch took place at the informal ses- speakers, moderators and participants. During the sion for Asia with about 70 participants present. consultations with UNHCR, APRRN highlighted a The pledges urge governments in the Asia Pacific range of issues of concern. In addition, many organi- region to embrace a number of pledges related to zations have approached APRRN with a keen inter- the protection of refugee rights. The model pledges ested in engaging with the Network more closely in were well received and commitments were made the future. by participants at the launch to take the pledges to their governments and use them as a tool to develop APRRN has also developed a collaborative relation- country specific pledges to advocate within their ship with the UNHCR Regional Hub and has own governments.

Refugee Flashmob Dance in Seoul, South Korea

It is hoped that the advocacy on the pledges would Refugee Conference 2011 lead to commitments to be made by states. 2011 marked the 60th anniversary of the 1951 Refu- The full document can be viewed here: http://refugee Convention and the 50th anniversary of the 1961 geerightsasiapacific.org/2011/06/21/aprrn-state- Convention on the Reduction of Statelessness. The pledges/. 2011 Refugee Conference was convened to mark these anniversaries by the Centre for Refugee Re- search (CRR) at the University of New South Wales in Australia, together with key refugee advocates and practitioners. The enormous success of the Confer- ence was ensured by the generous support of spon- sors and the active participation in the Conference of more than 550 people, including over 100 people from refugee backgrounds.

The formal conference program ran over three days and was divided into three streams: Regional Protec-

Photo courtesy: APRRN Photo tion Frameworks; Durable Solutions; and Settlement Launch of the state pledges and Asylum in Australia and New Zealand. Partici- pants heard from more than 70 speakers, 15 from NGO Statement on the Asia Pacific overseas, including refugees, advocates, community workers, government representatives and academ- As in the previous year, APRRN has drafted the Asia ics. APRRN was represented by approximately 20 Pacific NGO Statement for the 50th UNHCR Standing members, including 12 who were supported by their Committee Meeting in Geneva. The final statement organizations, Australian partners and Ausaid. was presented in March 2011 and highlighted key protection gaps in the region, including weak do- Other conference events included an Academics mestic legal frameworks and the lack of ratification of and Practitioners’ workshop, a Youth Forum, and a international treaties to solidify the rights of refugees Dialogue with Women and Girls from refugee back- and asylum seekers. grounds. There were also a number of side events, including an ‘In Conversation’ evening with Professor Universal Periodic Review (UPR) Process Jane McAdam (UNSW) and Dr Jeff Crisp (UNHCR), Personal Stories from Six Decades of Refugee Pro- APRRN members in Thailand were able to include tection evening event and the launch of Professor refugee issues in the NGO reports for the Universal Graham Hugo’s report on the social and economic Periodic Review (UPR) of Thailand. The Chair of the contribution of refugees to Australia. Southeast Asia Working Group was also present at Thailand’s UPR session in Geneva in October 2011. The Conference provided a timely opportunity to reflect on the strengths and achievements of the Refugee Convention and refugee protection system, and to consider what further action is needed to 21

secure the rights of refugees during flight, in coun- There has also been active engagement to include tries of asylum and in resettlement. Discussion on refugee rights language in the upcoming ASEAN good practices and current challenges in the pro- Declaration on Human Rights (ADHR). APRRN tection of refugee and displaced peoples were also strongly believes that the ADHR would be a useful present. Each conference stream generated recom- and important instrument that could provide the ba- mendations to inform future advocacy and action. sis and framework for effective protection of refugee rights in the region. Regional engagement Despite these achievements the process of engage- The Association of Southeast Asian Nations (ASEAN) ment with ASEAN is not a smooth process and the as a regional formation of states has the potential ability of civil society to influence ASEAN policy has to further the protection of human rights and refu- been very incremental. However, even though ASE- gee rights. APRRN has been an active member of AN seems resistant to civil society inputs, the space the Solidarity for Asian People’s Assembly (SAPA), that has been given to NGOs and civil society has which is a regional network of civil society actors, increased over the years. Since 2010, refugee rights and APRRN continues to be the refugee focal point have been brought to the notice of ASEAN through for the network. Through SAPA, APRRN is able to APRRN engagement with the ACSC/APF process. The engage in ASEAN policy debates. APRRN was also Southeast Asia Working Group of APRRN has identi- present at the ASEAN People’s Forum/ASEAN Civil fied “statelessness” as a potential entry point and as Society Conference 2011, which was held in May a window of opportunity since there is more willing- 2011 in Jakarta, Indonesia. At the conference, APRRN ness to discuss “statelessness” than refugee issues. In organized a workshop, which was attended by over addition, “statelessness” is one of the focal points at 70 participants. the ASEAN Intergovernmental Commission of Hu- man Rights (AICHR). Through quiet diplomacy and The workshop came up with a number of recom- engagement on statelessness within AICHR, we hope mendations for the ACSC drafting committee to to increase protection for all concerned groups. consider, some of which were incorporated in the final statement. Refugee Conference 2011

ACSC in Jakarta

22 courtesy: APRRN Photo Photo courtesy: APRRN Photo

New refugee law in South Korea 2. Asylum seekers, especially women, children, and vulnerable people, or those who have been granted On December 29, 2011, the Republic of Korea passed refugee status are subject to alternative detention a Bill on Refugee Status Determination and Treat- 3. Refugees are entitled to local integration ment of Refugees and Others that will guarantee 4. Refugees are entitled to freedom of movement refugees access to legal employment, legal status to with authorization from immigration remain in Korea, and access to social services such 5. Asylum seekers are entitled to formal or informal as education and health care. In addition, when the education bill comes into force on July 1, 2013, the refugee 6. Refugees have a right to earn their living in compli- Status Determination process will guarantee asylum ance with Indonesian labor law seekers access to legal aid, appeal, the right to apply 7. Asylum seekers and refugees shall have freedom of for resettlement, confidentiality and a documented religion and to manifest their religion process. APRRN commends the passing of this legislation after a six year campaign by APRRN members, The final draft is proposed to be released in the latter but recommends that articles allowing the Korean half of 2012. government and immigration officials discretion to decide admittance and who is entitled to work Alternatives to Detention in Thailand permits and allowances should be revised to ensure fairness. In January 2011, APRRN released a statement demanding the release of Ahmadi Muslims and other Further information on the new law is available here: refugees and asylum seekers who were held at Bang- http://refugeerightsasiapacific.org/2012/01/16/refu- kok Immigration Detention Centre. Together with geeact-in-korea-passed/ the Thai Committee for Refugees Foundation (TCR), APRRN was able to engage with the National Hu- Indonesia’s Proposed Standard Operating man Rights Commission of Thailand (NHRC) as well Procedures as with the office of the prime minister. The NHRC took immediate cognizance of the issue and formed Refugee Conference 2011 In 2011, the Indonesian Ministry of Foreign Affairs a committee headed by a Human Rights Commis- approached APRRN members for insight into the sioner, which along with members from APRRN and formulation of Standard Operating Procedures (SOPs) others conducted a fact-finding mission to the Im- for immigration officials in handling incoming refu- migration Detention Centre. The mission was widely gees and asylum seekers. The consultative process publicized and as a result the Prime Minister’s office can be held up as an example to other refugee host- ordered the Ministry of Foreign Affairs to meet with ing states in the region, particularly those with large APRRN and resolve the issue. The fact that Thai civil refugee populations such as Thailand and Malaysia. society became involved and took the lead changed Thus far the procedures include the following arti- the dynamics and resulted in an unprecedented cles: response from the Thai authorities – the first group of 94 refugees and two asylum seekers were released 1. Asylum seekers or refugees will not be subject to on bail on June 6, 2011. The events were also covered refoulement, until their status is determined under widely in the local and international media. the UNHCR RSD process 23 Photo courtesy: APRRN Photo

On a long-term basis, APRRN also continues to push The document was also presented to permanent for alternatives to detention in Thailand. APRRN’s missions of key countries that delegations of Thai Immigration Detention Working Group (IDWG), the civil society were meeting during that period and at a International Detention Coalition (IDC) along with side event organized at Palais des Nations on Octo- UNHCR were instrumental in organizing the “South- ber 3, 2011. east Asia Consultation on Detention of Asylum Seekers and Refugees” in November 2010. As a result In addition, APRRN is supporting Thai civil society of which a Detention Task Force was established in in drafting national refugee legislation in Thailand, Thailand. The Task Force is coordinated by UNHCR which if passed in parliament would provide a legal and other members of the Task Force include Asylum framework for protection of refugees. Access Thailand, the Bangkok Refugee Centre, Jesuit Refugee Service, the Thai Committee for Refugees The draft needs the support of 10,000 signatures Foundation, IOM, OHCHR and UNICEF. APRRN has from Thai citizens, which under the Thai constitution provided input into this process with examples of enables the draft law to be tabled for consideration. alternatives to detention that are being practiced in APRRN members are actively involved in lobbying different parts of Asia. The International Detention across political affiliations for support for the draft. Coalition has provided a handbook on alternatives The process is also seen as means to increase aware- to detention, which was found to be very useful for ness among the general Thai population about the discussion. The final proposal has been sent to refugee issues, engendering greater ownership of the Ministry of Foreign Affairs and the Immigration refugee rights by citizens of the country. Bureau as well as hand delivered to the MFA delega- tion going to the UPR session for Thailand. Released refugees from detention in Bangkok Photo courtesy: Thai Committee for Refugees for courtesy: Thai Photo Committee 24

Capacity building initiatives Photo courtesy: Refugee team Project Arakan Photo

“APRRN is a vital partner of the International Detention Coalition (IDC) in its work with local organizations working regionally to stem the ever growing practice by governments of utilising damaging immigration detention. The past year we have seen the powerful impact of groups working together at the local, national, regional and international levels throughout Asia. From Thailand to Japan, positive change has occurred addressing the devastating impact of detention on refugees, asylum seekers and other vulnerable groups.”

Grant Mitchell, IDC 25

Refugees and Statelessness Studies We had a wide and exciting range of lecturers from UNHCR, the European Commission on Humanitarian Despite the fact that 80% of world refugees remain Aid and Civil Protection Department, and APRRN. We in developing countries, much of the discussion on also had 12 students coming from across the world, refugee issues has been produced and dominated some of them from refugee backgrounds who al- by international organizations and academic institu- ready had extensive experience working in the field. tions based in North America and Europe. Research- ers based in the South have played a marginal role The course was divided into three parts. The first part in shaping refugee issues and research due to lack introduced students to international humanitarian of resources, limited capacity building opportuni- law, international refugee law and refugee issues in ties, language barriers and a host of other issues. The Southeast Asia. The second part dealt with Refugee refugee discourse has been particularly limited by Status Determination (RSD), durable solutions and the lack of academic infrastructure, and therefore the statelessness presented by experts from UNHCR on discourse on forced migration and burden-sharing each key issue. The final part of the course focused mechanisms has limited contribution from academ- on advocacy, humanitarian assistance and refugee ics in the Global South. This gap is particularly strong coping mechanisms. in Southeast Asia where there are currently no research institutions or training opportunities available on refugee law. Without researchers and students working on refugee issues, field-based practitioners have tended to rely on information produced from North American and European context that have been inadequate to address causes, patterns and solutions to refugee situations in the region.

Refugee and Statelessness Studies Programme at Mahidol University, Thailand Photo courtesy: APRRN Photo Semester course at Mahidol In light of the challenges, the Asia Pacific Refugee Rights Network (APRRN) launched the Refugee and Statelessness Studies Programme in cooperation The course was well received by students. The stu- with the Thai Committee for Refugees Foundation dents welcomed the practical approach to deal with (TCR) and the Centre of Human Rights Studies and refugees and statelessness, and they appreciated Social Development at Mahidol University, Thailand. the participation of a diverse group of guest lecturers It is part of the regular Masters Programme in Human who are leading experts in the field. APRRN is plan- Rights. Spread over six sessions, the course was held ning to develop this pilot project into a full semester from August 2 to September 6 and covered topics course. such as international humanitarian law, international refugee law, refugee status determination, durable solutions, statelessness, humanitarian aid, and advocacy. 26

Short course on International Refugee Law and Bangladesh, the detention of asylum seekers in Advocacy Malaysia, and refugee children in need of education The five day postgraduate short course on Interna- in India. Each group examined the current situation tional Refugee Law and Advocacy was held in Bang- faced by the population of concern, carried out an kok from September 12-16, in cooperation with the analysis of the dynamic advocacy environment and Centre for Applied Human Rights at the University a legal analysis of the rights of the population, and of York (UK). There was a wide and exciting range of came up with a feasible plan of advocacy with con- 24 participants from around the world: China, Hong crete steps. The groups presented their advocacy Kong, Singapore, Malaysia, Indonesia, Thailand, Ja- project on the last day of the short course, and feed- pan, Korea, Nepal, France, US and the UK. back was provided by the course convener, guest lecturers and other participants. Martin Jones from the University of York convened the course. It looked at the legal and policy frame- APRRN was keen to be involved in pioneering the work of the international refugee protection regime study of the causes, patterns and consequences and explored judicial engagement including the use of forced migration in Southeast Asia and aims to of international legal arguments and the strategic develop the Refugee and Statelessness Studies Pro- litigation of refugee rights. Other topics included: gramme into a proper full semester course next year. analyzing domestic refugee laws and advocacy for The short course was also the first of its kind in the law reform/introducing one, developing national Southeast Asia region, and we aim to run it on an an- legislative caucuses and using national human rights nual basis in the coming years. APRRN believes that institutions (NHRIs) and UN bodies in monitoring and both initiatives will fill the gap in knowledge produc- protecting the rights of refugees. tion of refugee studies in the Global South, particularly in the Southeast Asia region and play an impor- Guest lectures drew upon the expertise and experi- tant part in fostering dialogues between academics, ences from refugee rights advocates working in the field-based practitioners, and students. APRRN also field. Each guest lecture was followed by a series of believes that the course will build the capacity of a stimulating discussions with participants. To encour- next generation of refugee rights advocates in South- age active engagement in discussions, the partici- east Asia, which is essential to resolving refugee situ- pants were divided into four small groups to devise ations and finding long-term solutions. an advocacy strategy on Rohingya boat arrivals in Indonesia, impoverished refugee communities in Short course Photo courtesy: APRRN

Refugees Mental Health Training The training was split over three days and covered sessions such as Sexual-and-Gender-Based Violence Mental health needs of refugees are often unrecog- (SGBV), depression, anxiety, Post-Traumatic-Stress- nized and not prioritized, therefore, remaining poorly Disorder, somatization, suicidal tendencies, psycho- addressed. To respond to mental health needs, spe- sis, making meaningful referrals, basic interventions cific skills, knowledge and experience are required, with children, adolescents and their families, Clinical but most national civil society organizations lack this Assessment Interviewing, expressive therapies (play, expertise. art, sandbox, etc.) and self-care. The training was the first of its kind in the Asia Pacific region coordi- In an effort to address this gap, the APRRN East Asia nated by APRRN. Building on the momentum, APRRN Working Group and civil society organizations from hopes to replicate the Refugee Mental Health Train- across East Asia held a 3-day Refugee Mental Health ing and intends to organize a second mental health Training in Hong Kong from November 9-11, 2011. training in Bangkok in June 2012 to further advance The objective was to build knowledge, skills and understanding and ways to address this complex and capacity among member organizations to respond frequently overlooked issue. more effectively to mental health issues among refugee communities. Immigration Detention Workshops

APRRN received an overwhelming response with From November 24-25, 2011, the Asia Pacific Refugee over 100 applications for only 60 available spaces, Rights Network (APRRN) and the International Deten- based on that it was agreed to extend the training tion Coalition (IDC) held the Asia Pacific Immigration to 70 spaces. The majority of the participants came Detention Working Group Regional Workshop in Kua- from service providers in Hong Kong while 30% were la Lumpur, Malaysia. 50 participants from a diverse attending from other East Asian countries and India. range of NGOs dispersed throughout 18 countries in Participants had a variety of different professional the region met to address the growing problem of backgrounds including social workers, caseworkers, Participants at the mental health training lawyers, psychologists, counselors, volunteers, UNHCR officers and others working with refugees. The training was conducted by Ms. Linda McLagen and Ms. Adrienne Carter who are experts on refugee mental health and previously organized a similar training on behalf of Medicines Sans Frontiers (MSF).

28 courtesy: APRRN Photo

immigration detention and the need for alternatives Prior to the regional workshop in Kuala Lumpur, a to detention. The workshop provided a forum for South Asian Immigration Detention Workshop was taking stock of developments, identifying space for held in Dhaka, Bangladesh in October 2011, and action, and formulating concrete action plans and co-organized by APRRN, the International Detention timelines. Coalition, and UNHCR. Twenty- seven participants attended from Bangladesh, Nepal, India, Sri Lanka, and Trainers for the workshop included IDC, Association Pakistan. It was the first of its kind to map out sub- for the Prevention of Torture (APT), Global Detention regional strategies and action plans to address acute Project (GDP), and Foundation House. The workshop problems of deportation and indefinite detention of provided an excellent opportunity to share experi- asylum seekers and refugees. ences among key stakeholders and further develop strategies to promote and pursue alternatives. Legal aid/ Asian Refugee Legal Aid Net- work (ARLAN) During the workshop, APRRN and IDC also released a regional press statement calling on governments to In conjunction with the Asian Refugee Legal Aid end the detention of children and commit to a num- Network (ARLAN), APRRN’s Legal Aid Working Group ber of detention pledges at the high level ministerial conducted two legal aid trainings in 2011. The first meeting in Geneva to celebrate the 60th anniversary one was held over four days in April 2011 in Kuala of the Convention. Lumpur, Malaysia, with an attendance of more than 40 participants from across the region. The second The full press statement can be downloaded at: workshop took place throughout three days in Sep- http://refugeerightsasiapacific.org/2011/11/25/press- tember 2011 in Jakarta, Indonesia and enjoyed the release-ngos-urge-asia-pacific-governments- to-end- participation of 30 attendees. the-immigration-detention-of-children/ The Asian Refugee Legal Aid Network (ARLAN), launched in June 2010, aims to enhance the Participants at the mental health training Immigration Detention Workshop in KL provision of legal aid with respect to refugee status determination and the protection of various human and refugee rights in East, South and Southeast Asia. ARLAN is interested in establishing pro- bono networks, strategic litigation, RSD, engaging with UNHCR, using existing legal frameworks, and the establishment of databases of case precedents and legal preliminaries. APRRN has been closely engaging with the project with APRRN members actively participating in the previous meetings in Hong Kong, 29

Networking development and Kuala Lumpur and Jakarta. ARLAN meetings have It was concluded that challenges across the region been especially useful for APRRN members based in are largely similar and include: lack of social assis- communication South Asia and Southeast Asia in terms of looking at tance, no right to work, long waiting times for RSD how to work outside the formal legal structure, legal decisions, and the need for policy review. aid, and skills training. Panel 2 focused on “From Policy to Practice: How The ARLAN project will end in March 2012 and the law and policy affect the refugee experience”. The Legal Aid and Advocacy Working Group of APRRN panel highlighted key legislative and policy changes will build on the momentum and carry it forwards relating to refugees and provided an opportunity to through trainings, resource sharing, and joint advo- discuss policy and its impact on refugee livelihoods. cacy efforts. The panel also explored the changes in law and recent developments in Hong Kong and Korea. It also East Asia Symposium provided the opportunity to identify challenges and discuss specific solutions on how these challenges During the Refugee Mental Health Training in Hong can be met. Kong, all members met on November 12 at the Uni- versity of Hong Kong for an East Asia Symposium, The third panel was under the theme of “Social exclu- which was jointly coordinated by the APRRN East sion and refugee integration”. Different service pro- Asia Working Group, civil society, and UNHCR. The viders from Hong Kong, Korea and Japan discussed Symposium provided a platform for dialogue on refu- the practical needs and the consequences of living gee protection for 120 representatives from six coun- a life in limbo. Again it was found that refugees face tries. It was open to the public, and the variety of similar issues in countries across the East Asia region: different professional and geographical backgrounds social exclusion, discrimination, lack of social assis- led to a dynamic synergy in the discussion. tance, language barriers, lack of basic needs (food, housing, medical services), lack of psychosocial sup- The full day symposium was divided into four dif- port, and detention. Service providers also struggle ferent panels and one keynote address in which with a lack of capacity and an enormous demand. Giuseppe de Vincentiis from UNHCR spoke about the general trends regarding refugees in Asia and dura- The last panel “Nothing about us without us” gave ble solutions in the region. The second presentation, the opportunity for four refugees from Japan, Hong provided by Ms. Ruby Puni from the Consulate Gen- Kong and Korea to share their experiences with eral of Canada, presented the Canadian approach to regard to the risks and obstacles upon arriving in a refugee protection. Brian Barbour, the Chair of the ‘new country’, how they deal with the asylum seeking APRRN East Asia Working Group, then concluded by process, and how they have been able to integrate introducing the Asia Pacific Refugee Rights Network. into the host country.

Panel 1 on “Comparative practices – sharing innova- The symposium was very successful in discussing tive approaches and solutions to shared challenges” refugee protection and livelihoods and in bringing featured five speakers from Hong Kong, Korea, Japan, civil society actors together to address the common Macau, and Taiwan. Innovative ideas and solutions to challenges refugees face in East Asia. challenges across the region were discussed. 30

Networking development and communication

Photo courtesy: Arakan Project Refugee team

“Through the network, we have been able to enhance better coordinated working relationship at sub-regional level for the noble cause of protection of uprooted and vulnerable population where there is complete absence of legal and policy frameworks. INHURED’s intervention and influence has also been more succinct, smarter and result oriented due to its affiliation with APRRN”.

Inhured International

Sub-regional consultations • Monitoring and coordinating with other regional networks on how to constructively en- The South Asia Working Group Consultation was gage with the Regional Cooperation Framework held in Delhi from March 31 to April 1, 2011. This • Framing the refugee issue as a statelessness consultation was organized back to back with the issue for ASEAN advocacy as an entry point refugee and statelessness workshop organized by • Organizing capacity building projects on The Other Media and UNHCR in Delhi. The consulta- alternatives to detention and RSD tion therefore was able to draw on the experiences • Identification of protection gaps and needs of and presence of many Indian NGOs present at the refugee communities themselves workshop and was attended by 18 participants from • Organizing a training on the Regional Coop- the South Asian region. eration Framework

The South Asia Working Group is planning to con- The East Asia Working Group Consultation was duct a mapping exercise to develop a directory of held on the last day of the Refugee Mental Health civil society groups working on refugee issues in the Training on November 11, 2011. Members from region. This will be an online resource, which would Korea, Japan, Hong Kong and Taiwan identified the be constantly updated. The consultation also agreed following issues for joint action: to work closely with civil society groups engaging • Advocacy on the development of a refugee with the SAARC process and advocate for a regional law in South Korea mechanism on protection of refugee rights. The • Expanding the network to unrepresented proposed draft refugee legislation set to be intro- countries duced in Nepal would also be used as an example • Information sharing and conducting a map- to be promoted in other South Asian countries. The ping exercise consultation also resolved to develop further APRRN • Development of a database on case law membership in Uzbekistan, Kyrgyzstan, and Mon- • Further engagement with refugee communi- golia as well as Afghanistan, Pakistan, Sri Lanka and ties Bangladesh. APRRN has already started to reach out to potential members in these countries in the sec- South Asia Consultation ond half of 2011.

The Southeast Asia Working Group held a consultation on September 17-18 with 24 participants from across the sub-region. The two-day consultation was fruitful for the solidifying of action plans agreed ear- lier during the Asia Pacific Consultation on Refugee Rights in 2010.

The consultation looked into key issues that APRRN will work on more closely, this includes:

Communication Outreach

APRRN is using Google Groups in order to enable In 2011, APRRN participated in several conference members to share information and resources as well and meetings as opportunities for outreach. The Net- as to connect to each other. In many cases, mem- work has been represented at events including: bers have shared information on their activities and • Asian Consortium on a Human Rights Based recent happenings in their respective country. In ad- Approach to Access to Justice, July 2011, Chiang dition, members also seek help from each other and Mai, Thailand ask for advice on different issues. Currently APRRN • South Asia Workshop on Human Rights or- has 10 different Google Groups, both thematic and ganized by Forum Asia, July 2011, Kathmandu, geographic, which members can use. The Secretariat Nepal has also launched a Facebook group in an attempt to • Summer school on refugee law organized by harness the power of social networking. We have at the University of Tokyo, September 2011, Tokyo, present (December 2011) 240 members in our Face- Japan book group making it a useful platform for advocacy • 4th Regional Consultation on ASEAN and Hu- amongst civil society. APRRN has also published five man Rights, December 2011, Bali, Indonesia newsletters in May, July, September, and December 2011 as well as a special issue for World Refugee Day 2011.

As of May 2012, APRRN has 112 members from 18 countries in and outside the region. In 2011, the Network has also reached out to new members in Macau and Taiwan. Networking efforts have evoked an overwhelmingly positive response from NGOs and the Taiwanese government, who are keen to start working with the Network on refugee issues.

South Asia Consultation The APRRN Secretariat has also identified areas in internal and external communication that can be improved in the future. A communication strategy has been drafted, focusing on areas such as: improving/upgrading the website to an online portal on refugees in the Asia region, introducing an APRRN blog for members to share their voices, APRRN policies and procedures, holding more public events, and an increasingly streamlined media policy targeting governments, the general public, and NGOs.

APPRN members

As of May 2012 APRRN had 71 organizational and 41 Indonesia individual members. Organizational members in- Human Rights Working Group clude: People Crisis Centre LBH Jakarta Australia Act for Peace Australia Japan Amnesty Internatiional Australia Forum for Refugees Japan Centre for Refugee Research, University of New Japan Association for Refugees South Wales International Detention Coalition Malaysia Migrant and Refugee Rights Project CARAM Asia Naiker Associates Family Planning Association Selangor & Federal Terri- NAMII Consultants tory Oxfam Australia Health Equity Initiatives Refugee Council of Australia Malaysian Social Research Institute Suara Rakyat Malaysia (SUARAM) Bangladesh Tenaganita Bangladesh Integrated Social Advancement Pro- The National Human Rights Society (HAKAM) gramme Voice of the Children Odhikar Nur Salam OKUP (Ovibashi Karmi Unnayan Programme) Nepal Cambodia INHURED International CARAM Cambodia Population Watch Khmer Krom Human Rights Association PPR Nepal

Hong Kong New Zealand Barnes and Daly New Zealand National Refugee Network Christan Action The Hong Kong Refugee Advice Centre Pakistan Vision First ESCR Asia Pakistan Pakistan Internatinal Human Rights Organization India OfERR Philippines Socio Legal Information Centre Christian Solidarity Worldwide, Southeast Asia The Other Media Community and Family Services International Development and Justice Initiative Migrant Forum in Asia

APPRN members

Republic of Korea Dongcheon Public Interest Foundation Korean Public Interest Lawyers Group GONGGAM Advocates for Public Interest Law Medipeace NANCEN The Asia Centre for Human Rights

Sri Lanka South Asia Network for Refugees, IDPs and Migrants

Taiwan Taipei Overseas Peace Service Taiwan Association for Human Rights

Thailand Asian Forum for Human Rights and Development (Forum Asia) Caritas Thailand Chin Human Rights Organization Human Security Alliance People’s Empowerment Foundation Thai Committee for Refugees Foundation The Arakan Project Burma Border Projects

International Centre for Applied Human Rights, University of York, UK Fahamu Refugee Programme, UK The Equal Rights Trust, UK Asylum Access, USA Boatpeople SOS, USA

4 APRRN members have indicated that their names should not be disclosed in any publications. To ensure privacy of individual members we also do not disclose their names.

Acknowledgements

Photo courtesy: Arakan Project Refugee team

APRRN would like to extend our appreciation the following donors for their support in 2011:

Core Support: • Open Society Foundations • Planet Wheeler Foundation • UNHCR Specific project /Activity support: • British Embassy, Bangkok • International Detention Coalition (IDC) • Asian Refugee Legal Aid Network (ARLAN) • Fahamu Refugee Trust • Centre for Applied Human Rights, University of York, United Kingdom • Centre for Refugee Research, University of New South Wales, Australia • For the East Asia Symposium/Refugee Mental Health Training: Consulate General of Canada in Hong Kong, Centre for Comparative and Public Law at the University of Hong Kong, Taiwan Foundation for De- mocracy, NANCEN, International Social Service Hong Kong, Japan Association for Refugees, SOCO, Vision First, Christian Action, Barnes & Daly Solicitors, UNHCR • Asian Forum for Human Rights and Development

APRRN would also like to extend our appreciation to the many resource persons who had taken their valuable time to provide APRRN members with incredible insight and understanding.

APRRN would not be as dynamic as it is without the leadership and commitment of the APRRN Steering Com- mittee, we are deeply inspired by them. Most importantly, APRRN is a growing force because of its members, all have contributed to make the refugee rights movement in the Asia Pacific a reality.

The struggle is ongoing; there is lot that needs to be done, many battles to win. Each time we stumble, we have to dust ourselves off and continue because there is a long road to traverse. 36