Keeping Up Appearances

2018 ◽  
Vol 17 (1) ◽  
pp. 3-30
Author(s):  
Sebastien Moretti
Keyword(s):  
Southeast Asia ◽  
Southeast Asian ◽  
Irregular Migrants ◽  
Refugee Law ◽  
The People ◽  
International Refugee Law

Abstract The fact that most Southeast Asian States are not party to the main instruments pertaining to the protection of refugees has given rise to the ‘rejection of international refugee law’ theory, which has largely dominated the literature on the issues pertaining to refugees in Southeast Asia. Based on an analysis of the practices of Southeast Asian States with regard to refugees, this article argues that although they are not party to the 1951 Convention, the main countries of asylum in the region, i.e. Thailand, Malaysia and Indonesia, de facto treat differently the people they acknowledge to be in need of some sort of protection: that is, refugees. Unlike other irregular migrants, refugees are protected against non-refoulement and, to a certain extent, are also protected from detention for irregular entry into the territory of another State. In doing so, Southeast Asian States maintain a ‘fiction’ according to which they preserve sovereignty over the borders of their countries while in reality largely accepting the limitations posed by international refugee law.

Deliberation, Southeast Asian Local Wisdom in Resolving Disputes

2020 ◽  
Vol 3 (2) ◽  
pp. 50-58
Author(s):  
Rahdiansyah Rahdiansyah ◽  
Yulia Nizwana
Keyword(s):  
Southeast Asia ◽  
Southeast Asian ◽  
Important Thing ◽  
Cultural Approach ◽  
The People ◽  
Differences Of Opinion ◽  
Cultural Origins ◽  
Asian People

Cultural disputes, and others, often occur between neighboring countries in Southeast Asia and can be the seeds of disharmony, of course, this is not desirable. Southeast Asia as a cultural scope that is interrelated in history, has local wisdom in resolving disputes, resolving this dispute is known as deliberation. Deliberation is an identity that must be prioritized as a wise cultural approach for the ASEAN community. The purpose of this study is to explore the local wisdom of Southeast Asian people in resolving disputes in their communities and implementing them as a solution for the ASEAN community. Recognizing each other as cultural origins often occur between Malaysian and Indonesian communities. As a nation of the same family, this is commonplace, but the most important thing is how to solve it. Interviewing the people of both countries is the first thing to do in looking at this problem, how they understand and see culture in their culture. Questionnaires are distributed as much as possible, each data obtained will be processed and classified according to nationality, education, age, and others. The findings will be a study to see the perspectives of the two countries in understanding history, culture, and cultural results in addressing the differences of opinion that occur. At least the description of the root of the problem is obtained, why this problem occurs, what are the main causes, how to understand it, how to react to it, and lead to the resolution of the dispute over ownership of culture itself

Alternative paths to refugee and asylum seeker protection in Malaysia and Indonesia

2019 ◽  
Vol 28 (2) ◽  
pp. 132-154 ◽  
Author(s):  
Atin Prabandari ◽  
Yunizar Adiputera
Keyword(s):  
Southeast Asia ◽  
International Law ◽  
Case Studies ◽  
Asylum Seeker ◽  
Asylum Seekers ◽  
The Other ◽  
Refugee Convention ◽  
Refugee Law ◽  
International Refugee Law ◽  
The One

This article explores how refugees in non-signatory countries in Southeast Asia, particularly Indonesia and Malaysia, have some protection through alternative paths under international refugee law. These two countries provide forms of protection even if they are not States Parties to the Refugee Convention. These two case studies show that the governance of protection for refugee and asylum seekers is provided through alternative paths, even in the absence of international law and statist processes. These alternative paths offer a degree of meaningful protection, even if this is not tantamount to resettlement. Alternative paths of protection are initiated mainly by non-state actors. The states try to manage alternative protective governance to secure their interests by maintaining their sovereignty, on the one hand, and performing humanitarian duties on the other. In this regard, Indonesia and Malaysia have resorted to meta-governance to balance these two concerns.

2. Kingdoms

2018 ◽  
pp. 25-49
Author(s):  
James R. Rush
Keyword(s):  
Southeast Asia ◽  
Cultural Influence ◽  
Southeast Asian ◽  
Theravada Buddhism ◽  
The People ◽  
Third Millennium ◽  
North Vietnam ◽  
India And China

By the second or third millennium bce, the people of Southeast Asia were cultivating rice, domesticating pigs, chickens, and cattle, and forming the region’s earliest settled communities in several mainland areas congruent with present-day north Vietnam, Thailand, and Malaya. “Kingdoms” describes what little is known about the early civilizations through the region, such as at Funan and Angkor. It also describes pre-modern Southeast Asia as a world of mandala kingdoms and how Southeast Asian societies and states evolved in communication with adjacent Asian civilizations in India and China, absorbing Islam and Theravada Buddhism. After China’s withdrawal from the region, the Europeans arrived from the 1500s bringing new trade and cultural influence.

Concepts of Order in Southeast Asia and Micronesia

1972 ◽  
Vol 14 (4) ◽  
pp. 484-493 ◽  
Author(s):  
William H. Alkire
Keyword(s):  
Comparative Analysis ◽  
Southeast Asia ◽  
Recent Work ◽  
Southeast Asian ◽  
Striking Resemblance ◽  
The People ◽  
Culture History ◽  
Caroline Islands ◽  
History Of

In this article a system of ordering space found among the people of the central and western Caroline Islands of Micronesia will be described, the fundamental concepts of which bear a striking resemblance to particular regulative principles found among various Southeast Asian peoples. If a genetic connection is accepted for these parallels the form taken by Southeast Asian cultures after contact with ‘Hindu/Buddhist’ peoples can be interpreted as a natural outgrowth of concepts already basic to these cultures before such contact. The ethnographic information presented here, therefore, is directed to the comparative analysis of the culture history of Southeast Asia and Oceania and should be viewed in conjunction with the recent work of linguists and archaeologists on this topic (e.g. Benedict, 1966, 1967; Grace, Solheim and Chang, 1964).

scholarly journals An examination of refugee protection attitudes in Southeast Asia

2021 ◽  
Author(s):  
◽  
Yin Cheung Lam
Keyword(s):  
Southeast Asia ◽  
Comparative Case Study ◽  
Refugee Protection ◽  
Refugee Law ◽  
Regional Dynamics ◽  
External Pressures ◽  
Regional Factors ◽  
International Refugee Law ◽  
Internal Pressures

<p>This thesis examines how Southeast Asian countries such as Thailand and Malaysia sought to articulate attitudes towards refugee protection during the Indochinese and Rohingya refugee crises. While countries in Southeast Asia are known to be reluctant to discuss and participate in refugee protection, preferring to follow the norm of non-interference encapsulated in the ‘ASEAN Way’ in recent years, over time, attitudes towards refugee protection have varied significantly. The thesis explores the internal and external pressures that have impacted on changing perceptions of refugee protection in Southeast Asia. To explore changes in refugee protection attitudes, I conduct a comparative case study between the Indochinese and Rohingya refugee crises, analysing the responses and the rationale justifying the level of refugee protection in Thailand and Malaysia. These two countries have employed a variety of arguments such as ethnicity, religion and economic costs of treaty accession to inform their practices of refugee protection. In addition, regional/international dynamics and the labelling of refugees have also affected the level of refugee protection as well. Overall, their selective engagement with international refugee law; ethnic considerations; regional influences and the securitisation of refugee crises contribute most to arguments as to why refugee protection attitudes in Southeast Asia have remained poor. My findings indicate that due to the overlapping nature of these factors, any examination of refugee protection attitudes cannot be answered adequately by a single explanation, be it the practice of non-interference or a non-ratification of the 1951 Refugee Convention. These attitudes are mostly influenced by internal pressures, with national and regional factors interacting in tandem to produce higher levels of insecurity for the refugees studied in this thesis. Ultimately, this thesis will demonstrate that while refugee protection attitudes in the two refugee crises were influenced by shifting notions of national security, race and regional dynamics, not much has changed in terms of the consequences for refugees.</p>

scholarly journals An examination of refugee protection attitudes in Southeast Asia

2021 ◽  
Author(s):  
◽  
Yin Cheung Lam
Keyword(s):  
Southeast Asia ◽  
Comparative Case Study ◽  
Refugee Protection ◽  
Refugee Law ◽  
Regional Dynamics ◽  
External Pressures ◽  
Regional Factors ◽  
International Refugee Law ◽  
Internal Pressures

<p>This thesis examines how Southeast Asian countries such as Thailand and Malaysia sought to articulate attitudes towards refugee protection during the Indochinese and Rohingya refugee crises. While countries in Southeast Asia are known to be reluctant to discuss and participate in refugee protection, preferring to follow the norm of non-interference encapsulated in the ‘ASEAN Way’ in recent years, over time, attitudes towards refugee protection have varied significantly. The thesis explores the internal and external pressures that have impacted on changing perceptions of refugee protection in Southeast Asia. To explore changes in refugee protection attitudes, I conduct a comparative case study between the Indochinese and Rohingya refugee crises, analysing the responses and the rationale justifying the level of refugee protection in Thailand and Malaysia. These two countries have employed a variety of arguments such as ethnicity, religion and economic costs of treaty accession to inform their practices of refugee protection. In addition, regional/international dynamics and the labelling of refugees have also affected the level of refugee protection as well. Overall, their selective engagement with international refugee law; ethnic considerations; regional influences and the securitisation of refugee crises contribute most to arguments as to why refugee protection attitudes in Southeast Asia have remained poor. My findings indicate that due to the overlapping nature of these factors, any examination of refugee protection attitudes cannot be answered adequately by a single explanation, be it the practice of non-interference or a non-ratification of the 1951 Refugee Convention. These attitudes are mostly influenced by internal pressures, with national and regional factors interacting in tandem to produce higher levels of insecurity for the refugees studied in this thesis. Ultimately, this thesis will demonstrate that while refugee protection attitudes in the two refugee crises were influenced by shifting notions of national security, race and regional dynamics, not much has changed in terms of the consequences for refugees.</p>

scholarly journals Stones Alive!

2020 ◽  
Vol 176 (1) ◽  
pp. 105-146
Author(s):  
Monica Janowski
Keyword(s):  
Southeast Asia ◽  
Southeast Asian ◽  
Constant Flow ◽  
Material World ◽  
Vital Force ◽  
The People ◽  
Life Itself ◽  
Flow Through

Abstract This article explores the significance of stone in Southeast Asia, arguing that within the animistic ontologies of the region stone is a central cosmological concept. Stone, for the people of this region, is a locus of sentience, expressed through the presence of spirits. Cosmic power, which is equivalent to vital force, is believed to flow through the cosmos, flowing fastest in water and coalescing in stone. Stone is a source of power and life and is associated with origins and ancestors; the placing of stone is associated with status and becoming a significant ancestor. Southeast Asian ontologies, which regard the material world as made up of a constant flow of cosmic power, closely identified with life itself, do not separate mind and matter and see stone as alive. Stone is a lens through which we can view these ontologies and perhaps even question our own.

scholarly journals A New Dawn? Statelessness and Assam

2019 ◽  
Vol 7 (1) ◽  
pp. 99-111
Author(s):  
Regina Menachery Paulose
Keyword(s):  
Supreme Court ◽  
Robust Solutions ◽  
Refugee Law ◽  
Supreme Court Of India ◽  
The People ◽  
The Supreme Court ◽  
History Of ◽  
The Government ◽  
International Refugee Law

This article explores the ongoing crisis of statelessness that has been created because of a petition made by the people of Assam, India to update the electoral rolls in the state. As a result of the process, which has been approved by the Supreme Court of India, an estimated 4 million people have become stateless. The government has stated that these 4 million people risk deportation back to Bangladesh. This article will briefly examine the history of the situation that has unfolded in Assam; discuss the role of statelessness and how it may lead to genocide, underscoring the importance to act and find robust solutions. Finally, the author will conclude by discussing potential actions that India should take in order to resolve future cases of statelessness, specifically examining the Global Compact on Refugees and other instruments provided for within international refugee law. 

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