The Protection of Refugees in Southeast Asia: A Legal Fiction?

Author: Sébastien Moretti

Analyzes the evolution and implementation of refugee protection in Southeast Asia through the lens of international law. Looks at the laws and policies from the Indochinese refugee crisis in the 1970s to recent changes, focusing on important points like non-refoulement, access to territory, how refugees are treated, the idea of refugees in the region, and long-term solutions. Focuses on Thailand, Malaysia, and Indonesia, ASEAN countries that are not signatories to the 1951 Refugee Convention, yet consistently respond to refugee movements. Applies the doctrine of the two elements (practice and opinio juris) to argue that these countries have long recognized the need to protect refugees fleeing persecution, conflict, and violence.