Discourse surrounding refugee protection in the Asian context often presumes the absence of relevant legal norms since most states in the region have not acceded to the 1951 Convention related to the status of refugees. Given continuing resistance to accession, some claim that Asia has essentially “rejected“ refugee law. Others suggest that states have nevertheless...
International human rights law and the protection of refugee women in Asia
Some have questioned the continuing relevance of the 1951 Refugee Convention. International human rights law has expanded rapidly since 1951 and UN human rights treaties and relevant interpretive materials have clarified states‘ obligations to protect refugees and other migrants beyond the confines of the Refugee Convention. As a result, some argue that the broader remit...
The frontier of the international refugee regime: Refugee protection, legal orientalism, and what better alternative in the Middle East and Asia?
The Refugee Convention has been described as the definitive articulation of refugee law and the foundation of the international refugee regime; in its absence it seems law has a lesser role in the protection of refugees. Yet the Refugee Convention does not apply in jurisdictions where a majority of refugees live including most states in...
Understanding Hong Kong‘s Low Grant Rate for Non-Refoulment Protection under the Unified Screening Mechanism (USM)
In response to a 2013 Court of Final Appeal ruling, Hong Kong established a “Unified Screening Mechanism“ (USM) to assess claims by refugees and other migrants seeking protection in Hong Kong. The mechanism considers non-refoulement claims based on (1) risk of persecution; (2) torture; or (3) cruel, inhuman or degrading treatment or punishment. During the...