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This statement was published by the Asia Pacific Refugee Rights Network (APRRN) on their website on 9 April 2021.

The following statement was published by the Asia Pacific Refugee Rights Network (APRRN) on 31 December 2021.

We ask the Republic of Korea, the first nation in Asia to legislate an independent refugee law, for responsible implementation of the 1951 Refugee Convention.

The Republic of Korea was the first nation in Asia to enact comprehensive domestic implementing legislation of its obligations under the 1951 United Nations Convention Relating to the Status of Refugees (Refugee Convention) by adopting the Refugee Act in 2012.

Regional and international refugee rights organizations have watched the proactive efforts of Korea with great expectations. However, after eight years, the situation of refugees within Korea and the government’s current efforts to amend the Refugee Act raise questions about whether Korea has accorded sufficient weight to its obligations and responsibilities as a party to the Refugee Convention.

We note with growing concern that Korea, with a consistently low refugee recognition rate comparatively, has set a new record low in 2019 with a 0.4% recognition rate. The routine practice of denial at border, in violation of international standards and provisions of the Refugee Act that provides for proper refugee status determination for all applications except for prima facie unfounded claims, has resulted in 93.1% of asylum seekers applying for asylum at the border to be denied entry to the Korean territory in 2019.

The following press release was published by the Asia Pacific Refugee Rights Network on 16 December 2020. 

The Asia Pacific Refugee Rights Network (APRRN) is concerned that the Hong Kong Government’s proposals to amend the Immigration Ordinance contravene international standards and undermine the fairness of Hong Kong’s refugee screening mechanism. The Hong Kong Legislative Council must establish a Bills Committee at the Council Meeting this Wednesday (16 December) to scrutinise these proposals in detail and ensure that any amendments to the Immigration Ordinance respect, protect, and fulfill Hong Kong’s international human rights obligations, including the core principle of non-refoulement.

While Hong Kong is not a party to the 1951 Convention Relating to the Status of Refugees, it is party to human rights treaties including the International Covenant on Civil and Political Rights, the Convention against Torture, and the Convention on the Rights of the Child. Human rights protections under these treaties are enshrined in the Basic Law and the Hong Kong Bill of Rights. Asylum seekers and refugees enjoy equal protection of these rights, which the proposed amendments risk undermining.

Despite these safeguards, Hong Kong’s refugee recognition rate is below 1%, among the lowest in the developed world. Claimants from high-risk countries are routinely rejected protection. The low recognition rate is indicative of systemic concerns within the Unified Screening Mechanism (USM), including poor-quality decisions, lack of procedural and substantive fairness, and lack of legal representation for claimants. Concerns also exist regarding broad statutory powers to detain refugees and asylum seekers, without effective judicial oversight or monitoring.

The following press release was published by the Asia Pacific Refugee Rights Network (APRRN) on 8 December 2020.

The Asia Pacific Refugee Rights Network (APRRN) calls on the Malaysian government to stop the detention of children, regardless of their status or documentation, and to instead pursue alternative community placements and grant UNHCR timely access to detention facilities.

Children should first and foremost be seen as children, beyond their nationality or status. As caring people, we ought to treat children the way we would want our children to be treated if they were one day faced with a similar situation. Under no circumstances should authorities consciously expose children to harm. APRRN urges Malaysia to follow examples of its neighbours, Thailand and Indonesia, in halting the detention of children on immigration offenses and providing an appropriate alternative placement of children through community-based care.

Through Malaysia’s parliamentary sitting in November, it was revealed that, as of 26 October 2020, 756 children were being held in immigration detention centres nationwide. Out of the 756 children detained, 405 of them were being held without their parents or guardians.

This statement was published by the Asia Pacific Refugee Rights Network (APRRN) on 17 April 2020.

This opinion piece was written by Themba Lewis, Secretary-General of the Asia Pacific Refugee Rights Network (APRRN), and Daniel Davies, Programme Officer at APRRN. It was originally published by the Bangkok Post on 19 March 2020. 

This statement was originally published by Asia Pacific Refugee Rights Network on 20 November 2018. It is reprinted here with permission.

The Asia Pacific Refugee Rights Network (APRRN) strongly condemns the acts of intensifying violence and terror being waged against Hazara populations across Afghanistan.

Commencing in late October, Hazara communities in Khas Uruzgan, Jaghori and Malistan in Afghanistan’s Hazarajat region have faced a series of relentless attacks by the Taliban. These targeted assaults have left hundreds of individuals including women and children dead and thousands more forcibly displaced from their homes. Formerly considered a relatively safe district, Hazarajat has now fallen under Taliban control, meaning that people are unable to return and are subsequently displaced inside Afghanistan. It is estimated that more than 5000 people have been displaced.

Following more than two weeks of violence, on 12 November 2018, several hundred Hazara protesters took to the streets of Kabul to vent their frustration at the inability of the Afghan government to protect them. Sadly, part way during the peaceful protest near the Gulbahar commercial district, a suicide bomber blew himself up, killing six and wounding dozens more.

Notably, the impact of the violence in Hazarajat region has extended far beyond the boundaries of Afghanistan’s borders. Most notably, diaspora communities in Pakistan, Iran, Europe and Australia have expressed their outrage and sadness at such a horrific loss of life and livelihoods.

Hayat Akbari, Chair of APRRN’s Youth Working Group and a resettled Hazara refugee residing in Australia calls the attacks “nothing short of despicable.” He added that “the Afghan Government should immediately mobilise all available resources to provide those affected with the support that they need to access safety and rebuild their lives.”

Located in Afghanistan’s central highlands, Hazarajat has historically been considered one of the country’s safest regions. The area was also known for having a liberal approach towards education for girls, and for active female participation in civil and political affairs. Without appropriate security, these attacks by the Taliban have promptly quashed these positive developments and freedoms. Evan Jones, Programme Coordinator at the Asia Pacific Refugee Rights Network, claims that “it’s time for western governments to open their eyes to the realities on the ground inside Afghanistan. Far from being a ‘safe’ country, threats such as kidnapping, suicide bombings and terrorist insurgencies remain far too common.”

APRRN calls upon countries hosting Afghan refugees to:

Immediately halt the deportation or forced return of any Hazara to Afghanistan, regardless of whether or not they have refugee status from the United Nations High Commissioner for Refugees (UNHCR).

Provide long-term protection to Hazara within their borders, allowing them access to protection from the host state and all the rights that are associated with such status.

APRRN calls upon UN agencies and the international community to:

Engage with refugee hosting countries such as Pakistan, Iran and the European Union not to deport or forcibly repatriate Afghanis to Afghanistan, especially when their life or liberty may be in danger.

Engage with traditional resettlement countries to explore durable solutions for displaced Hazara and other affected populations.

APRRN calls upon the Afghan Government to:

The following short piece, originally released on 18 June 2018, is a joint statement by Fortify Rights, the Asia Pacific Refugee Rights Network (APRRN), and the Coalition for the Rights of Refugees and Stateless Persons (CRSP). It is reprinted here with permission.

Bangkok, June 18, 2018

On the occasion of the World Refugee Day on June 20, Asia Pacific Refugee Rights Network (APPRN), The Coalition for the Rights of Refugees and Stateless Person (CRRSP), and Fortify Rights urge the Government of Thailand to uphold the rights of refugees in line with international standards. In support of this call, we have submitted to the government draft regulation to recognize and protect refugees in Thailand.

On January 10, 2017, the Thai government adopted Cabinet Resolution 10/01, B.E. 2560, which created a “Committee for the Management of Undocumented Migrants and Refugees” to develop policies concerning the screening and management of undocumented migrants and refugees. This was a positive step towards providing domestic legal status and basic rights for refugee and asylum seekers as well as ensuring the right to asylum as guaranteed by Article 14 of the Universal Declaration of Human Rights. However, there has been little to no progress or consultation with civil society, including refugees, on implementing this resolution since the time of its enactment.

The proposed legal framework that we are submitting to the Government of Thailand seeks to provide a constructive contribution towards implementing Cabinet Resolution 10/01 in order to address long-standing human rights concerns with regard to Thailand’s treatment of displaced and migrant communities. More than 13 civil society organizations working with refugee and migrant communities in Thailand, including the undersigned, developed this draft regulation in consultation with and support from legal experts in refugee and Thai law. The draft regulation provides for:

Access to asylum procedures for all individuals wishing to seek asylum in Thailand, regardless of the manner, place, or date of entry;

Procedural guarantees for applicants seeking asylum, such as access to information about the process, free and competent legal counsel, and qualified and impartial interpreters.

An internationally-recognized definition of refugee;

A single, specialized body to examine and decide applications for asylum, ensuring decision-makers have appropriate skills, knowledge, and training to assess applications, including competency in refugee law, working with interpreters, conducting cross-cultural interviews, and dealing with trauma survivors;

Decisions to be based on an individualized and thorough assessment of the particular circumstances of an applicant’s asylum claim, including a personal interview that provides applicants with an opportunity to present evidence on his/her asylum claim;

Written decisions to be provided to applicants that articulate the basis for the decision in sufficient detail in order to facilitate a meaningful appeal process if necessary;

Confidentiality at all stages of the asylum procedure and in all aspects of an asylum claim, including the submission of an application for asylum, the contents of an application, the identity of the applicant, allegations of persecution, and other information that forms the basis of the asylum claim;

The right to an independent appeal process to review questions of both fact and law, and the right to remain in Thailand until there a final decision is made in the case in question; and

Access to legal documentation, work permits, healthcare, educational opportunities, and other forms of assistance for all asylum seekers and recognized refugees in Thailand.

The undersigned and other individuals and civil society organizations undertook the initiative to develop the draft regulation recognizing Thailand’s recent positive commitments, including through Cabinet Resolution 10/01, B.E. 2560, to protect refugees in Thailand. For example, in a speech at the Leaders’ Summit on the Global Refugee Crisis on September 20, 2016 in New York, Prime Minister Prayut committed to end the detention of refugee children in Thailand and to establish an effective refugee-screening mechanism. The Prime Minister also committed to ensure that refugee returns to Myanmar would be voluntary and to increase refugees’ access to education, healthcare, and birth registration in Thailand.

However, APPRN, CRRSP, and Fortify Rights note with concern, the continuing lack of effective protection, both in law and practice, for refugee communities in Thailand. In particular, we are concerned by the continued forced return of refugees to countries where they may face persecution, the indefinite and arbitrary detention of refugees, and the lack of access to livelihoods, labor protections, and education for refugees.

Refoulement or Forced Return Thailand has long failed to respect the legally binding principle of non-refoulement, which is explicitly prescribed by Article 3 of the Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment and is considered part of customary international law. Under this principle, states are prohibited from returning an individual to a country where they may face torture or other serious human rights violations.

Thai authorities have also conducted unofficial deportations by transporting individuals to the border and forcing them into a neighboring country without appropriate regard to the risks of further human rights violations they may face. Thailand has also implemented a “help-on” or “push back” policy with regard to possible refugees arriving by sea. Under this policy,

Thai authorities have intercepted and towed ill-equipped boats of people out to sea. These policies and practices contravene the principle of non-refoulement and greatly endanger the lives of refugees.

Arbitrary and Indefinite Detention Thai authorities continue to arbitrarily and, in some cases, indefinitely detain refugees, asylum-seekers, and other migrants in immigration detention centers (IDCs) and government-run shelters. Under Thailand’s Immigration Act of 1979, those who enter or stay in Thailand without permission, including refugees, are subject to arrest and detention. Throughout the year, Thai authorities conducted raids to identify, arrest, detain, and deport migrants in violation of Thailand’s immigration law. Refugees were among those arrested and detained during the year.

Although Thailand’s immigration detention facilities are only designed for stays of up to 15 days, the authorities have detained some refugees for several years. Some IDCs, including the Suan Phlu IDC in Bangkok, are overcrowded with poor sanitation and limited access to basic needs. Deaths in immigration detention have been reported during the year, including a 16-year old Rohingya girl who died in Sadao IDC in November 2017 after spending more than three years in IDCs and government-run shelters.

To date, more than 20 accompanied and unaccompanied children remain detained in IDCs in Thailand. Although the Thai government in coordination with civil society organizations piloted a program in July 2017 to facilitate the release of children from detention, only 11 children benefited from the program. The program also did not extend to the children’s parents, who remain detained and separated from their children.

During the 2nd periodic report of Thailand’s compliance with its legal obligations under the International Covenant on Civil and Political Rights, the U.N. Human Rights Committee called on Thailand to improve its detention facilities and promote alternatives to detention. The Thai government failed to submit a progress report to the U.N. Human Rights Committee ahead of the deadline on March 15, 2018. The U.N. Human Rights Committee requested a response from the government by July 12, 2018

Lack of Access to Livelihoods and Labor Protections Thailand’s labor laws prohibit refugees without a valid visa and work permit from working legally in the country. As a result, refugees often have no option but to engage in work that is unauthorized and frequently characterized as dangerous and degrading. Refugees generally do not enjoy the protections stipulated by Thailand’s Labor Protection Act and other domestic labor laws. Rather, refugees are often subjected to abusive, exploitative, and dangerous work environments. This is contrary to the International Covenant on Economic, Social and Cultural Rights (ICESCR), to which Thailand is a state party. Under Article 7 of the ICESCR, states are obliged to protect the rights of everyone to enjoy just and favorable conditions of work.

Access to Education Thailand’s domestic laws guarantees that all children have a right to quality and free “basic education provided by the State for the duration of at least 12 years,” regardless of legal status. However, many refugee children are largely unable to access Thai schools due to restrictions on movement, language barriers, and discriminatory treatment by school administrators. Access to secondary and tertiary education is even more limited.

Many of these problems could be solved through the implementation of a legal framework that recognizes and protects refugees. To further protect the human rights of refugees, survivors of human trafficking, and migrants, the undersigned recommend that the Thai Government:

Ensure asylum procedures are enshrined in law and effectively implemented.

End the indefinite detention of refugees and survivors of human trafficking held in immigration detention centers and government-run shelters.

Ensure that refugees are detained only in exceptional circumstances, following an individualized assessment, and after all less invasive alternatives to detention have been exhausted.

Prevent the refoulement of individuals whose life or freedom would be threatened upon return to their home countries.

Accede to the 1951 Refugee Convention and its 1967 Protocol, the Convention on the Protection of All Migrant Workers and Members of Their Families, and other key human rights treaties.

Undertake meaningful, formal consultations with civil society and with refugees living in Thailand to develop a legal framework to recognize and protect refugees in Thailand.