With 150 participants from 22 countries, we are looking forward to stimulating and fruitful discussions during the various sessions and workshops.

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1 1. INTRODUCTION The Asia Pacific Consultation on Refugee Rights (APCRR) is a biennial meeting organised by APRRN. APRRN was founded as a result of the 1st Asia Pacific Consultation on Refugee Rights (APCRR1) in Kuala Lumpur in Since then, APCRR has been held in Bangkok (2009 and 2010) and in Seoul (2012). In 2012, APCRR was attended by over 100 participants from across the region working on refugee issues. APCRR serves as platform to bring together refugee rights practitioners from around the region to discuss and strategise ways to address challenges and share best practices from around the region and the globe. APCRR is also the general body meeting for APRRN and is the forum where members elect the APRRN Steering Committee members and provide the blue print for the APRRN strategic plan for the next four years. As a regional network that capitalises on a diversity of resources and promotes collaboration among different stakeholders, APRRN believes that APCRR has become a unique platform to explore innovative solutions and alternative strategies through extensive, inclusive and open dialogue. The objectives of the APCRR5 are: To develop stronger relationships and better collaboration among APRRN members and other key stakeholders (government representatives, donors, UNHCR and other international organisations) To identify priority areas/key challenges and strengthen the capacity of members to respond to these challenges To address protection challenges in the region through sharing good practices, experiences and innovative strategies To strategise for joint actions and campaigns to be taken forward from 2014 to 2016 To strengthen the structure, governance and decision-making process of APRRN APCRR5 will discuss emerging issues and consist of a series of workshops aimed at good practice sharing, identifying key priorities and joint action planning. This year s focus will also be on operationalising APRRN s Vision for Regional Protection and APCRR5 will serve as a platform to consult with members on priorities for the Plan of Action to achieve the Vision and the Research and Consultations Strategy. The different APRRN working groups will also have an opportunity to meet during APCRR5 in order to review and reprioritise their action plans. On Day 3, the consultation will provide the opportunity to formulate concrete recommendations and plans for inclusion in APRRN s Strategic and Operational Plan for APRRN. Steering Committee elections and governance matters will also be covered in the AGM session for members on Day 3. With 150 participants from 22 countries, we are looking forward to stimulating and fruitful discussions during the various sessions and workshops. We would also like to take this opportunity to thank our supporters which have made this event possible. They include: UNHCR, Sasakawa Peace Foundation, Planet Wheeler Foundation, Taiwan Foundation for Democracy, Act for Peace as well as the Sukosol Hotel. 1

2 2. PROGRAMME I Monday 1 September Kingkamol/ Ketkamol APRRN Steering Committee Meeting (only for APRRN SC members) I Tuesday 2 September Registration and morning coffee Welcome Remarks Speakers: Dr. Gopal Krishna Siwakoti, INHURED International/APRRN Chair Anoop Sukumaran, APRRN Secretariat Panel Nothing about us without us This panel will feature three speakers from refugee backgrounds. They will share their stories on how they have overcome challenges and made positive contributions to host communities. The panel puts the agency, individual capacities, skills and resources of refugee communities at the centre. Moderator: Helen Brunt, APRRN Secretariat Speakers: Yiombi Thona, Gwangju University Anne George, POONGA Tamil Community Education Refugee representative Coffee break Plenary Session: Operationalising APRRN s Vision for Regional Protection through The Plan of Action and Research Consultations Framework This session will provide an overview of APRRN s Vision and Framework for Regional Protection (AVFRP) and an opportunity to discuss key 2

3 challenges and opportunities in operationalising the Vision. The AVFRP consists of APRRN s Vision for Regional Protection, a Plan of Action to achieve the Vision, and a Research and Consultation Strategy (RCS), which will be used to capture key topics and questions requiring further research and/or consultations in developing the Plan of Action. The Vision and an Explanatory Note on its development can be found in the APCRR5 information pack along with several examples topics and questions for the RCS to stimulate discussion during APCRR5. During the session, APRRN members and stakeholders will be asked to break into 6 groups of their choosing (one for each section of the Vision listed below). Drawing on their experience, their local context and the initiatives they are interested in exploring or developing, participants will then be asked to discuss: 1) actions that could be taken to realize the Vision; 2) areas of further research and consultation that could be undertaken to inform our actions, and; 3) ideas for resourcing and collaboration. Breakout Group Topics: 1. Freedom from violence, coercion, deprivation, exploitation and abuse 2. Access to essential services and livelihoods 3. Legal protection 4. Durable solutions 5. Self-sufficiency 6. Partnerships for a supportive operating environment Participants are also encouraged to provide input for the RCS and Plan of Action during the following APCRR5 workshops and the thematic and geographical sessions. After APCRR5, APRRN member input will be incorporated into the 1 st draft of the RCS, which will then serve as a living tool for capturing, organizing and prioritizing topics and questions requiring further research and consultation when developing the Plan of Action. Speakers: James Thomson, Act for Peace Facilitator team for breakout groups: James Thomson, Tamara Domicelj, Brian Barbour, Anoop Sukumaran, Katrina Maliamauv, Vivienne Chew Group photo and lunch break Lunch break Workshop 1: Strengthening the coping strategies of refugee communities in the urban context 3

4 Moderator: Julia Mayerhofer, APRRN Secretariat Speakers: Niamat Ali, Refugees Help Refugees Sharonne Broadhead, Asylum Access Thailand Lars Stenger, JRS Indonesia Kirsten McConnachie, Refugee Studies Centre UK This workshop will begin with a short overview of the national consultations project that APRRN has recently completed. The project explored how the coping strategies of refugees in the urban context could be strengthened and associated risks mitigated. For this purpose national consultations were organised in Thailand, Indonesia, India and Nepal that brought together refugee communities and service providers. The consultations not only looked at identifying coping strategies that refugees are using to survive in the urban context but also provided a platform for joint planning. The approach put the agency, resources, dignity and individual capacity of refugees at the centre of discussions. Other speakers of this sessions will also cover the following issues: Provide an overview of urban refugee situations in the region Share what is currently been done on strengthening coping strategies of refugees Highlight best practices in involving refugee communities in programming and advocacy Put forward recommendations on how coping strategies can be further strengthened and what support mechanisms need to be place Kamolthip II Workshop 2: Finding durable solutions to protracted refugee situations Afghanistan and Myanmar The situation of Afghan refugees remains the largest protracted refugee situation worldwide. The Solution Strategy for Afghan Refugees (SSAR) is an internationally-endorsed initiative to address the protracted situation of Afghan refugees by supporting voluntary repatriation, sustainable reintegration and assistance to host countries. However with Afghanistan entering a new area of security and economic changes as well as political transition, new challenges in Afghanistan and neighboring host countries have arisen. Political developments and transition inside Myanmar, have posed similar challenges when considering the potential voluntary return of 130,000 refugees from the Thai side of the border. This workshop will provide an overview of the latest developments concerning the situation of Myanmar refugees and Afghan refugees. In particular the workshop aims to: Provide an overview of progress and challenges in Afghanistan and Myanmar 4

5 Highlight the challenges of Myanmar refugees and Afghan refugees in the neighboring host countries Discuss lessons learned from the voluntary repatriation process of Afghan refugees Develop recommendations towards more favorable durable solutions for Myanmar and Afghan refugees Moderator: Melissa Pittoti, ICVA Speakers: Hina Tabassum, Children and Women Trust Fazal Ghani Kakar, Noor Educational and Capacity Development Organisation Victor Biak Lian, Euro Burma Office Nan Dah Eh Kler, Karen s Women Organisation Coffee break Kamolthip II Workshop 3: Strengthening national level advocacy through forming networks and organising roundtables APRRN believes that strengthening the capacity of national civil society is crucial to advance refugee protection. Solutions have to come from the ground and create ownership at the national level. By forming national civil society networks, collaboration is strengthened, resources can be shared and advocacy interventions jointly strategised. Through national roundtables various stakeholders such as civil society, government officials, National Human Rights Commission representatives, international organisations, academics and refugee communities can be brought together to address key protection challenges of refugees. This workshop aims to: Share about the establishment and work of national civil society networks as a good practice example in four countries (South Korea, Indonesia, Pakistan and Nepal) Highlight how APRRN has been supporting the formation of these networks Share about the progress these networks have made and challenges experienced Highlight the value of coming together on a national level to advance the rights of people in need of protection Moderator: Roshni Shanker, Ara Legal Initiative Speakers: Sunili Govinnage/Rizka Argadianti Rachmah, SUAKA Pill Kyu Hwang, GONGGAM 5

6 Syed Liaqat Banori, SHARP Pakistan Dr. Gopal Krishna Siwakoti, INHURED International Workshop 4: Combating shrinking protection spaces in the region The protection spaces in the region are shrinking. There have been increased instances of refoulement, the securitisation of borders is on the increase often couched in the language of prevention of people smuggling and trafficking. Even countries that are signatories to the 1951 Refugee Convention are abrogating their commitments under the convention and in the process setting the stage for other countries for a race to the bottom in terms of protection. Interceptions at sea and reception of those fleeing by boats is of particular concern. There is need to strategise on countering these negative trends and take action on the shrinking space. This workshop aims to: Highlight the implications of Australia s refugee policy in the region Discuss latest negative developments such as refoulement of Sri Lankans from Malaysia and Australia Develop recommendations for more a effective joint approach to combat shrinking protection spaces Moderator: Anoop Sukumaran, APRRN Secretariat Speakers: Paul Power, Refugee Council of Australia Lakshan Dias, SANRIM Savitri Taylor, La Trobe Law School Tom Vargas, UNHCR I Wednesday 3 September Morning side session - Rights in Exile: The Fahamu Refugee Programme and International Refugee Rights Initiative's web-based refugee legal aid project Speakers: Themba Lewis, Co-Director, Fahamu Refugee Programme Rights in Exile Programme Coordinator, International Refugee Rights Initiative This session will familiarise participants with the refugee legal aid information portal developed by Barbara Harrell-Bond and maintained by the Fahamu Refugee Programme (now merged with the International Refugee Rights Initiative as the 'Rights in Exile' Programme). The resources made available through the portal will be described and demonstrated, including legal resources, refugee resources, training, 6

7 and special focus emerging issues such as deportation monitoring and LGBTI refugees. The aim of the session will be to discuss the utility of the resource as well and challenges and areas which it could be developed to better serve attendees. The portal can be found at: Kamolthip II Morning side session - Measuring Immigration Detention: An Introduction to the Global Detention Project's Data Design and Methodology Speakers: Izabella Majcher, Global Detention Project This session will present the aims and methodology of the Global Detention Project, a research centre based in Geneva, Switzerland, that investigates immigration detention regimes across the globe. The speaker will familiarise the participants with the GDP database and discuss challenges developing comparative information on national detention laws and practices, with a view to demonstrating how this tool can be used in advocacy, monitoring, and research Legal Aid and Advocacy/Women and Girls at Risk Working Group Moderators: Brian Barbour, Japan Association for Refugees Medhapan Sundaradeja, Asylum Access Thailand Katrina Maliamauv, Tenaganita Kamolthip II Right to Health Working Group Moderators: Ashok Gladston Xavier, OfERR Coffee break Immigration Detention Working Group Moderators: Vivienne Chew, International Detention Coalition Kamolthip II Statelessness Working Group Moderators: Lara Chen, Stateless Network Japan Chris Lewa, The Arakan Project Lunch break 7

8 Southeast Asia Working Group Moderator: Julia Mayerhofer, Asia Pacific Refugee Rights Network Kamolthip II South Asia Working Group Moderator: Lakshan Dias, SANRIM Saud Tahir, Socio Legal Information Centre Coffee break Kamolthip II East Asia Working Group Moderator: Emma Daee Kim, Dongcheon Foundation Australia, New Zealand and the Pacific Working Group Moderator: Kafeba Mundele, New Zealand National Refugee Network Paul Power, Refugee Council of Australia I Thursday 4 September Morning side session - Expanding the Role of Civil Society in the Provision of Legal Aid: The Creation of the Global Refugee Law Bar Association Speakers: Galya Ruffer, Center for Forced Migration Within the past decade refugee legal service providers have formed an international network to share information and raise issues and concern with UNHCR and created the Nairobi Code as an ethical guide to increase acceptance of legal aid in UNHCR for refugees, but in their respective countries, they remain isolated. As advocates have noted, it is hard for legal aid organisations to intervene on behalf of refugees due to the ad hoc nature of UNHCR and government procedures that render RSD a piecemeal negotiation with governments. Absent set standards, there is no measure against which advocates can hold UNHCR or states accountable. In addition, although refugee lawyers agree on the meaning of refugee rights, absent a Global Refugee Bar Association (GRLBA), there has been no authoritative position and the different meanings used by humanitarian actors versus lawyers has prevented the development of rule of law concerning the question of refugee rights. The creation of the GRLBA will provide the supportive structure for regional and local legal aid to serve members, improve the profession and advance the rule of law. The GRLBA will contribute a much-needed civil society institution that can engage with the 8

9 International Association of Refugee Law Judges (created in 1997) and UNHCR to professionalise the practice of refugee lawyering Report back from Geographic and Thematic Working Groups Moderator: Anoop Sukumaran/Julia Mayerhofer Coffee break Plenary: APRRN Strategic Plan for and Operation Plan for Moderators/presenters: Dr. Gopal Krishna Siwakoti/Anoop Sukumaran Lunch break Steering Committee Elections AGM Presentation and discussion on: APRRN Constitution Codes of Good Conduct and Good Practice Proposal for virtual election at APCRR6 AOB Coffee break Kamolthip II AGM continues Closing session I Friday 5 September Kingkamol/ Ketkamol APRRN Steering Committee Meeting (APRRN SC members only) 9

10 3. BACKGROUND INFORMATION ON WORKSHOP SPEAKERS Anne Uma George Tamil Community Education- POONGA, New Zealand Anne is a Tamil, originally from Sri Lanka. She left Sri Lanka in the early 90s and settled in New Zealand with her family. She started her volunteer work over 15 years ago by providing support for refugees and new migrants settling into New Zealand. She has been the volunteer coordinator a voluntary community education school called Tamil Community Education-Poonga since Poonga helps with resettlement of, mainly Tamil, refugees and new migrants into New Zealand. As the coordinator, she organized a Tamil community playgroup, which teaches the Tamil language for children from the ages of 0 to 5 years using the New Zealand Early Childhood Curriculum. Alongside the playgroup, a bridging education school was also set up for older children. Moreover, Anne played a key role in establishing the Safari playgroup for refugee communities in central Auckland. For her voluntary work, Anne was recognised with a Queen s Service Medal (QSM) by the New Zealand government and was also awarded the Local Hero Award in Anoop Sukumaran Asia Pacific Refugee Rights Network (APRRN), Thailand Anoop has been the Executive Director of APRRN since February Previously Anoop was a student activist involved in grassroots social justice movements in India. After his student days he naturally gravitated to work in the field of social justice and human rights. Over the last two decades he has worked with NGOs, social movements and academia on a range of issues. He also contributed in the organizing of the World Social Forum in Mumbai, and the Asian Social Forum in Hyderabad. In addition, he was involved in research and capacity building of civil society and social movements on the impacts and implications of free trade policies on farmers, workers and the urban poor. Anoop also coordinated the Asian Transnational Corporations Monitoring Network, which consisted of more than 100 trade unions across Asia. In the last few years, he has been consistently working on refugee issues in the South East Asian region, first as part of understanding the nature of mixed migration flows in the region, then as part of understanding the impact of macro-economic policies that exacerbate vulnerabilities resulting in ethnic, religious and political tensions that cause refugee outflows. Fazal Ghani Kakar Noor Educational and Capacity Development Organization (NECDO), Afghanistan Originally from Ningrahar province, Fazal received a Bachelors in Islamic Law from the Islamic Academy of Science and Technology in Peshawar, a Master degree in literatures and PH. D in Islamic studies and Sharia Law. In 1997 he founded an organization called FSECO in which he helped and trained Afghan youth for about 20 years in Pakistan Refugee camps and within Afghanistan. He has always dedicated his work to peace, 10

11 brotherhood and unity of Afghanistan. Currently he is working as the Programme Coordinator of the Noor Educational and Capacity Development Organization. Dr Gobal Krishna Siwakoti INHURED International, Nepal Dr Siwakoti, President of INHURED International (Special Consultative Status, ECOSOC, UN), is Chair of Asia Pacific Refugee Rights Network. He has served as international consultant for IOM, and is a founding member of Peoples SAARC a civil society initiative for making SAARC more people-friendly. Focal point coordinator for ICCPR shadow reporting, he has authored, edited and produced several books, research reports, films and documentaries on transitional justice, human rights, peace, refugees, internal displacement, safe migration and counter-trafficking. He has represented at various UN forums relating to human rights and SAARC Summits including UN High Level Dialogue on Migration and UNHCR-NGO Annual Consultations. Honored by the Swiss Bureau of Statistics under who is who-2000 on Refugee Protection in South Asia, he has also been conferred several awards including Person of the Year-2008; Global Nonviolence Advocate-2010 along with National Peace Award Founding member of South Asia Forum for Human Rights (SAFHR), he has pioneered civil society position in terms of securing durable solution to the protracted refugee situation in Nepal which has culminated in third country resettlement of over 115,000 Bhutanese refugees. Recently, he has led the drafting of a model national legislation on refugees in collaboration with UNHCR and other CSOs. International Advisor for The Hague Appeal for Peace, Dr Siwakoti is honored as a guestlecturer on transitional justice, forced migration, and freedom of elections at various universities in North America, Europe, Asia and Africa. International trainer and observer under Asian Network for Free Elections (ANFREL), he has joined several exploratory and observation missions in post-conflict societies like Afghanistan, Sri Lanka, Pakistan, Bangladesh, Philippines and others. A torture survivor, Dr Siwakoti is also a former prisoner of principle convicted for exercising freedom of expression during the repressive royal regime in the eighties. His personal biography and scruples have been radiated in a special documentary titled Courage and Conviction as a recognition of his valor and conviction towards safeguarding civil liberty, peace, democratic freedom and advancing refugee protection within and beyond borders. Hina Tabassum Church World Service Pakistan, Pakistan Hina comes from Swat, Khyber Pakhtunkhwa (KPK) province of Pakistan. She is a committed individual working for the rights of women and children for 12 years. She has extensive experience in managing complex emergencies in Afghanistan and Pakistan. She has worked with many UN organisations in Pakistan, Egypt, Afghanistan and Denmark. Recently she works with Church World Services as Coordinator donor relations for Pakistan and Afghanistan. Moreover she is the honorary Chief Executive Officer of a national NGO called " Children and Women Trust" which is working for the rights of vulnerable women 11

12 and children in many parts of KPK province and Islamabad. Hina has published many articles and books on: Refugees, Role of women in national development, Peace in Pakistan and Afghanistan and the rights of minorities. She is currently doing a PhD in Management sciences from Sweden and has received a Masters in Peace and Development Studies from Sweden, a MBA and BSIT in Pakistan. James Thomson Act for Peace, Australia James is the Associate Director of Policy and Advocacy for Act for Peace, the aid agency of the National Council of Churches in Australia, and a member of the global ACT Alliance. Over the past 14 years, he has had extensive experience in regional and global level advocacy on refugee and humanitarian protection issues. In his current role, he serves as both a senior policy advisor and senior protection officer and is responsible for policy development, advocacy and capacity building relating to the protection of refugees, IDPs and conflict and disaster affected communities. While involved in a wide range of national, regional and global protection initiatives, James is also a protection trainer and works directly with Act for Peace partners and ACT members across the region to strengthen their protection programing, advocacy and capacity. James is a member of APRRN s Steering Committee (an appointed non-voting advisor), formerly chaired APRRN s International Advocacy Committee and Governance Working Group, and currently chairs APRRN Steering Committee s Sub-Committee on Regional Protection - which has been leading consultations with APRRN members and external stakeholders in the development of APRRN s Vision for Regional Protection, its Research and Consultations Strategy and a Plan of Action to achieve the Vision. He also chairs the protection working groups of the Australian Council for International Development and the global ACT Alliance, is on the board of International Detention Coalition and a member of the Global Protection Cluster. For the past 13 years, he has been attending UNHCR Annual Consultations with NGOs and deeply involved in a range of other protection dialogues. Prior to his current position, he was the National Advocacy Officer for the Refugee Program in Australia and prior to that he spent five years working in Ethiopia and Eritrea. Julia Mayerhofer Asia Pacific Refugee Rights Network, Thailand Julia is an Austrian national and started the position as Programme Manager at the Asia Pacific Refuge Rights Network based in Bangkok in April Prior to this she worked at Christian Action where she was in charge for fundraising and project development at the Chungking Mansions Service Centre, a community-based centre for refugees and asylum seekers in Hong Kong. Previously she was also the Director of Help without Frontiers, an Austrian based charity supporting Burmese refugees on the Thai-Burma border. Julia has a BA in educational sciences and a MA degree in Development Studies. In addition she has participated in various training related to human rights and refugees. Julia also has a strong interest in social enterprises and won the Hong Kong Social Enterprise Challenge in

13 Kirsten McConnachie Research Fellow at the University of Oxford, Great Britain Kirsten is a research fellow at the University of Oxford (Refugee Studies Centre and Lady Margaret Hall), where she teaches on the MSc in Refugee and Forced Migration Studies. Since 2007, her research has focused on governance among refugees of Myanmar's ethnic nationalities (first within camps on the Thai-Burma border and more recently among urban refugee populations in Malaysia and India) and has sought to understand the role of refugee-led organisations and their relationships with host state authorities and with international agencies. She is the author of Governing Refugees: Justice, Order and Legal Pluralism (Routledge 2014), a book examining governance and the administration of justice within the Karen refugee camps in Thailand. Her wider research interests include transitional justice, access to justice and the anthropology of law. Lakshan Dias Attorney at Law and Human Rights activist, Sri Lanka As Attorney at Law and Human Rights activist, Lakshan has been working on the areas of human rights and peace building, refugees, asylum seekers and migrant worker rights. He is also the Chair of the APRRN South Asia Working Group. He was also a past National General Secretary of the National Council of YMCAs of Sri Lanka. At present the leading partner of Colombo Urban Lawyer and Director of Transparency International Sri Lankan Chapter and President of the Rights Now Collective for Democracy. Lars Stenger Jesuit Refugee Service (JRS), Indonesia Lars has worked in Indonesia since 2006, initially arriving to work on the protection of human rights defenders with Peace Brigades International. He later joined Jesuit Refugee Services working on Durable Solutions and Displacement Prevention for internally displaced persons. Since 2009 JRS Indonesia started working with asylum seekers and refugees in immigration detention centers and urban areas providing accompaniment and a variety of services to them. Lars is the National Information Advocacy officer for JRS Indonesia and has been involved with APRRN since Nan Dah Eh Kler Karen Women s Organisation (KWO), Myanmar Niamat Ali Founder of Refugee Help Refugee, Thailand Ali is an asylum seeker from Pakistan, currently residing in Thailand, and has founded the organization Refugee Help Refugee (RHR), based in Bangkok and is the outreach coordinator for RightsNow Pakistan (RNP). He is also Volunteer member with Thai Committee for Refugee (TCR). He previously worked in Malaysia for the Pakistani refugee community. 13

14 Paul Power Refugee Council of Australia, Australia Paul has served as Chief Executive Officer of the Refugee Council of Australia (RCOA), the national umbrella body for 200 agencies working with refugees and asylum seekers, since He leads the organisation's policy development and public education on refugee issues and its advocacy with the Australian Government, international networks, UNHCR and other inter-governmental bodies. Paul served on the Australian Government's Refugee Resettlement Advisory Council from 2008 to In , he was NGO cochair of the global Working Group on Resettlement and the Annual Tripartite Consultations on Resettlement, the bodies which bring together UNHCR, governments and NGOs from 30 countries to discuss refugee resettlement strategies. Since 2012, he has served on the Steering Committee of the Asia Pacific Refugee Rights Network as deputy chair of the Australia, New Zealand and the Pacific Working Group. Prior to joining RCOA, Paul worked in the NGO sector as a media officer, trainer, researcher and manager, after a 12-year career in the newspaper industry as a journalist and editor. Pillkyu Hwang GONGGAM Human Rights Law Foundation, Republic of Korea Pillkyu is a human rights lawyer in the only non-profit full-time public interest lawyers group in Korea, GONGGAM. He is specialised in international human rights law and human rights issues concerning migrants, refugees and transnational corporations. He graduated from Seoul National University (SNU) with an LL.B. and has earned his PhD in public international law at the same university focusing on refugee law. He was a visiting academic at the Centre for Migration, Policy and Society (COMPAS) of Oxford University in He has also been working with various international organizations such as the International Organization for Migration (IOM) Seoul Office, the UN High Commissioner for Refugees (UNHCR) Representation in Korea, and the UNESCO Beijing Office, as well as numerous national institutions/ngos including the National Human Rights Commission of Korea, the Korean Bar Association, Minbyun-Lawyers for a Democratic Society, the People s Solidarity for Participatory Democracy (PSPD). Rizka Argadianti Rachmah Human Rights Working Group (HRWG), Indonesia Rizka is the United Nations Program Officer at Human Rights Working Group, a founding organisational member of Suaka. Her work at HRWG has focused on amplifying the strength of national human rights advocacy at the international level. Rizka graduated from the State Islamic University under the Faculty of Sharia and Law in In addition to volunteering with Suaka, she has worked on advocacy on freedom of religion and belief, and past human rights abuses in Indonesia. Dr Savitri Taylor La Trobe University, Australia Dr Taylor is an Associate Professor in the Law School, La Trobe University, which is located in Melbourne, Australia. Her area of research interest is refugee law and asylum policy at the national, regional and international level. She has published approximately 80 14

15 academic articles, book chapters, and expert commentary pieces in this area over the last 20 years. One of Dr Taylor's current research projects looks at the prospects for developing a protection-focused approach to irregular movement in the Asia Pacific region. Dr Taylor is also very involved with the refugee sector in Australia being, among other things, a member of the Management Committee of the Refugee and Immigration Legal Centre in Victoria and an individual APRRN member. For more details please visit: Sharonne Broadhead Asylum Access Thailand (AAT), Thailand Sharonne developed her interest in working with refugees five years ago when she volunteered visiting refugees detained in the Immigration Detention Center in Bangkok. This led to seeking a position volunteering at Jesuit Refugee Services on the Urban Refugee Program. It was clear that she had found her passion in life and so she went on to pursue a Masters in International Development focusing on Human Rights and Migration. Her thesis was entitled Access to Education for Children: A Case Study of Refugees and Asylum-Seekers in Bangkok. Researching this topic provided a deeper understanding of the urban refugee issue in Thailand and further fueled her desire to work in this field. Sharonne has been working at Asylum Access Thailand as the Community Outreach Coordinator for almost two years and cannot imagine doing anything else. She is a US citizen and has been living in Bangkok for the last eight years with her husband and six year old daughter. Sunili Govinnage Suaka - Indonesian Civil Society Network for Refugee Rights Protection, Indonesia Sunili is volunteering as a refugee legal aid lawyer in Indonesia and has been assisting the Suaka Secretariat in developing the network. Before moving to Jakarta in 2013, she was a commercial lawyer in Perth, Australia. She also worked with Legal Aid Western Australia assisting asylum seekers in detention, navigating Australia's domestic refugee status determination system, and was a volunteer and board member at community legal centre CASE for Refugees. Syed Liaqat Banori Society for Human Rights and Prisoners Aid (SHARP), Pakistan Liaqat is a lawyer by profession is the Chairman of Society for Human Rights and Prisoners Aid SHARP-Pakistan, a registered national NGO working for promotion and protection of Human Rights in Pakistan since SHARP-Pakistan is an implementing partner of UNHCR since 1999 and assisting in Refugee Status Determination (RSD) and advice and legal aid through Advice and Legal Aid Centers in all major cities of Pakistan. SHARP- Pakistan is also selected for UNHCR international emergency response program. Liaqat was awarded Benazir Defender of Human Rights award in 2010 by the President of Pakistan. He has also worked on Human Trafficking, labor rights, women empowerment, juvenile justice and right to information beside refugee rights in Pakistan. 15

16 Liaqat is elected as founding chairman of Refugee Rights Network-Pakistan. It is the first ever refugee network in Pakistan which has been established under the guidance of APRRN after Tehran conference held in April Tom Vargas UNHCR, Thailand Victor Biak Lian Euro Burma Office (EBO), Myanmar Victor is an ethnic Chin from Chin State, Burma. As an university student at Rangoon University, he took part in the pro-democracy uprisings in 1988 and led his fellow Chin students in the demonstration. For his political activities as a student leader he was arrested twice, which is the reason why he had to flee to India. Eventually, he was resettled to Canada as a UNHCR refugee in 1997 and became a Canadian citizen in In exile, he has continued to be actively involved in the struggle for democracy in Burma. For over the years, he has served different organizations and has travelled extensively throughout Asia, North America, and Europe, Australia and New Zealand to bring attention to the plight of the Burmese people. He has also visited part of conflict areas to understand about the situation and to get in touch with leaders of ethnic armed groups. Currently is serving as an Operations Director of Euro-Burma Office. One of the main priorities is to assist Ethnic Armed Groups who are negotiating with the Government. He is also involved in supporting political parties for their preparation for political dialogue. Yiombi Thona Gwangju University, Republic of Korea Yiombi is currently lecturing at Gwangju University where he is teaching Human Rights, Forced Migrations and Refugee, Race and Gender. He has been invited to give different lectures in Korean universities to raise awareness about the plight of refugees and to share his own experiences. He is a well-known refugee rights activist in South Korea. After working as a National Intelligence officer in Congo for more than seven years, he himself was forced to flee his country from persecution and was granted the Refugee status in South Korea. Yiombi received a Masters in Economics from Kinshasa University in Congo and a Masters in NGO studies from Sungkonghoe University in Korea and he is a Political science PhD candidate at Ottawa University in Canada. 16

17 4. VISION FOR REGIONAL PROTECTION BACKGROUND The Asia-Pacific region is currently home to the largest numbers of forcibly displaced persons in the world. In spite of this, there is no coherent regional vision for the protection of refugees, asylum seekers, torture survivors and complainants, trafficked persons, internally displaced persons (IDPs), stateless persons and returnees. While states have been actively engaged in dialogue and cooperation on cross-border movements, this has mostly focused on combating people smuggling and trafficking with limited attention to the protection of refugees and other displaced persons. In light of this, the Asia Pacific Refugee Rights Network (APRRN) 1 is setting out its Vision for Regional Protection to galvanize multi-stakeholder collaboration for effective protection. This Vision, the culmination of extensive consultation, will be accompanied by a Plan of Action which sets out what various stakeholders need to do in order for the Vision to be realised, and a Research and Consultation Framework which identifies challenges, opportunities and good practices, and guides research and further consultation. PREAMBLE 1. Respecting the international legal framework that exists to protect the human rights of all individuals and to offer specific protections for refugees, asylumseekers, torture survivors and complainants, trafficked persons, IDPs, stateless persons, children, women and people with disability (PWD), in particular; the 1951 Convention relating to the Status of Refugees and its 1967 Protocol (the Refugee Convention), the 1954 Convention relating to the Status of Stateless Persons and the 1961 Convention on the Reduction of Statelessness (the Statelessness Conventions), the 1984 Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT), the Convention Against Transnational Organized Crime s 2000 Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children (the Trafficking Protocol), the 1989 Convention on the Rights of the Child (CRC), the 1979 Convention on the Elimination of all forms of Discrimination Against Women (CEDAW), and the 2006 Convention on the Rights of Persons with Disabilities (CRPD); the principles of nonrefoulement, non-discrimination and the prohibition on torture as customary international law; the human rights of all individuals as set out in the Universal Declaration of Human Rights (UDHR) and all other relevant treaties; and the 1998 Guiding Principles on Internal Displacement, which are based on international law; 2. Recognising the existence of relevant regional agreements in the Asia-Pacific, including the 2013 Jakarta Declaration on Addressing Irregular Movement of Persons, the 2012 Regional Cooperation Framework of the Almaty Process on Refugee Protection and International Migration, the 2012 Association of Southeast Asian Nations (ASEAN) Human Rights Declaration, the 2011 Regional Cooperation Framework of the Bali Process on People Smuggling, Trafficking in Persons and Related Transnational Crime, and the 1966 Bangkok Principles on the Status and Treatment of Refugees; 3. Recognising that states bear primary responsibility for preventing displacement 1 APRRN is a growing civil society network of over 200 members, predominantly civil society organisations, which are committed to the advancement of refugee rights across the Asia- Pacific region, via information- sharing, mutual capacity building and joint advocacy. APRRN was founded in 2008 and now has members based in over 26 countries, spanning New Zealand through to Iran and across to Japan. 17

18 and for the protection of refugees, asylum seekers, torture survivors and complainants, trafficked persons, IDPs, stateless persons, and returnees; that both signatories and non-signatories to the Refugee Convention and other relevant treaties have been engaged in protection; and that the United Nations High Commissioner for Refugees (UNHCR) has a mandate to pursue protection, assistance and solutions for refugees and stateless persons, to prevent and reduce statelessness, and to supervise application of the Refugee Convention; 4. Recognising that regional protection frameworks require an effective, integrated global protection system, in which actors outside the region, including states, are committed to and meaningfully involved with regional actors; 5. Acknowledging the complexity and challenges of mixed migration flows and of combating exploitative and dangerous people smuggling without prejudicing the right of refugees and others owed international protection to obtain it; the protracted nature of many refugee situations, the frequency of maritime movements and associated loss of lives, and the absence of cooperative frameworks in the Asia Pacific region that currently generate far-reaching responsibility sharing for refugee protection between states; 6. Recalling that many in need of international protection remain unregistered or misclassified; that refugee status determination is declarative, not constitutive; and that the provision of assistance, protection and durable solutions are humanitarian acts, not political ones; 7. Reaffirming the rights and agency of refugees, asylum seekers, torture survivors and complainants, trafficked persons, IDPs, stateless persons and returnees, and the need to ensure that they are treated with dignity and respect and provided with effective opportunities to participate in decisions affecting their lives, including in processes relating to their countries of origin (such as elections, reconciliation processes, development and peace-building programs); 8. Reaffirming the critical importance of civil society organisations (CSOs) as protection actors, and emphasizing the need for state cooperation and collaboration with each other, civil society, UNHCR and other actors in order to ensure protection for those who require it; 9. Recalling that everyone has the right, individually and in association with others, to promote and to strive for the protection and realization of human rights and fundamental freedoms at the national and international levels; and 10. Reaffirming APRRN s commitment to take a rights-based approach, to act in accordance with humanitarian principles, to uphold the highest standards of individual and organisational conduct, and to ensure quality, accountability and effectiveness in our work; VISION STATEMENT APRRN envisions a region in which all refugees, asylum seekers, torture survivors and complainants, trafficked persons, IDPs, stateless persons and returnees (hereafter people in need of protection ) have equal and adequate access to assistance and protection, and to timely durable solutions as relevant. We envision a region in which states (including those outside the region), civil society, UNHCR and other actors collaborate effectively towards a common purpose of regional protection, with respect for their differentiated roles and responsibilities. Within this broad framework, we envision a region in which: 1. All refugees, whether living in camps or in urban or rural areas, are assured of equal and adequate access to assistance, fair procedures, protection and durable solutions. 18

19 2. Each state recognises the right to a nationality on a non-discriminatory basis and has in place effective mechanisms to prevent and reduce statelessness, including statelessness determination procedures, universal birth registration, access to civil status registration, and procedures to determine and obtain citizenship. 3. Multilateral action to address the root causes of forced displacement, combined with collective efforts to prevent and resolve protracted refugee, IDP and statelessness situations, has substantially reduced the number of people in need of protection living in limbo and has significantly reduced the need for them to make onward movements in search of protection. 4. States have procedures for managing mixed migration flows that ensure due process, humane standards of treatment and the protection of all who require it. 5. Family unity and reunification is respected in all decisions concerning people in need of protection. 6. There is a commitment to harmonization of approach so that legal and procedural standards are adopted and interpreted consistently jurisdiction to jurisdiction and ensure depth of judicial analysis, due process of law and relative consistency in refugee recognition rates. To this end, we see the need for collaboration amongst stakeholders to ensure: 1. Freedom from Violence, Coercion, Deprivation, Exploitation and Abuse We envision a region in which: 1. All persons enjoy their full civil and political rights in accordance with international human rights law. 2. The principle of non-discrimination is respected in all contexts such that everyone is entitled to rights and freedoms, without distinction of any kind, including distinction based on gender, age, race, disability, health status, sexual orientation, family status, ethnic background, nationality, language, political opinion or affiliation, religion, culture, social status or indigence. All persons have equal access to protection and assistance without stigmatisation, including highly vulnerable people such as unaccompanied and separated children (UASC), the elderly, people living with HIV/AIDs, people of differing sexual orientation and gender identities and minority ethnic, linguistic and religious groups. 3. All persons are physically safe from violence and enjoy adequate protection to that end. In particular, sex and gender-based violence (SGBV) is prevented and addressed, enabling effective remedies for survivors. 4. Gender equality exists such that the rights of women and girls are respected, protected and fulfilled in spirit and in law, and the agency and capabilities of women and girls are recognised. 5. All children enjoy their full range of rights under the CRC. To this end, child protection measures exist which uphold the best interest principle, and which include dedicated and appropriate child-friendly procedures and support services for children, whether separated, unaccompanied or accompanied. 6. No-one is subject to arbitrary or indefinite detention or to conditions of detention that amount to cruel, inhuman or degrading treatment. Detention is used only as a last resort, and for the shortest time possible. If detention is necessary, the dignity and rights of those detained are respected and protected in all cases, and detention is never used to deter, penalise or create pressure to return. 7. All people who are in need of them, have the right to request and receive humanitarian assistance and international protection, including in the context of rescue at sea and interception at sea operations. All rescue at sea and interception 19

20 operations ensure access to territory and access to full and fair asylum procedures for those who express a need for international protection. No refugee is penalized because of the way that she or he entered a country. 8. All authorities involved in border and immigration management treat all persons with dignity and respect and in accordance with their obligations under human rights law. 9. States respect and promote the humanitarian and non-political character of refugee protection, and any extra-territorial border control activities are protection-sensitive and fully compliant with international law. States do not coerce or create incentives that result in other states or actors breaching international law. 2. Access to Essential Services and Livelihoods We envision a region in which: 1. All persons enjoy their economic, social and cultural rights in accordance with international human rights law. 2. All persons enjoy the right to the highest attainable standard of health, enjoying access to timely, acceptable and affordable healthcare, including preventive care and mental health services. 3. All persons enjoy the right to work and a sustainable livelihood (including access to lawful employment and social security), enabling them to enjoy independence, self-reliance, and to be active members of society. 4. All persons enjoy the right to education, with safe and relevant learning opportunities made accessible to all learners, regardless of their gender or abilities. 5. All persons have safe and adequate access to food, water, sanitation, nutrition, shelter and clothing, provided in a way that promotes human dignity. 3. Legal Protection We envision a region in which: 1. All persons enjoy equality before the law and have timely access to justice and effective remedies for human rights violations. 2. All States have signed, ratified and implemented the Refugee Convention, the Statelessness Conventions, CAT and its Optional Protocol and the Trafficking Protocol; and have extended application of these instruments to all territories. 3. Comprehensive domestic and regional legal frameworks recognise the status and rights of people in need of protection, and are based on a full and inclusive application of relevant international law and guiding principles. 4. Complementary forms of protection are provided by States to ensure that all people in need of protection receive it, while at the same time all refugees are duly recognized and protected under the Refugee Convention rather than being accorded a complementary form of protection. 5. All asylum seekers have safe, timely, and orderly access to reception and registration procedures, with consideration given to the needs of populations who are in camps, detention centres, urban areas, remote areas or rescued at sea. Border, defence, and immigration authorities understand and comply with the obligation to receive asylum seekers. No-one in need of protection is penalized because of the way they enter a country, whether with or without prior permission. 6. All people in need of protection have access to timely and fair status determination procedures without fear of refoulement, expulsion or punishment, 20