Scoping the ASEAN Framework and the ‘ASEAN Way’ on healthcare policies for stateless in ASEAN member states during COVID-19

The COVID-19 pandemic has exacerbated existing healthcare disparities for the estimated 1.4 million stateless persons living in ASEAN member states, highlighting the critical gaps in policy within the ASEAN Framework and the 'ASEAN Way'. This scoping review comprehensively examines the healthcare policy challenges faced by stateless persons in the ASEAN region during the COVID-19 pandemic. Utilizing Arksey and O’Malley’s recommended scoping review methodology, we adhered to five steps: (1) identifying the research question; (2) identifying relevant studies; (3) study selection; (4) charting the data; and (5) collating, summarizing, and reporting the results. Our analysis covered publications from the onset of the COVID-19 pandemic declaration by WHO to mid-2023. Utilizing the SPIDER search framework and the PRISMA 2020 Flow Chart, we charted 26 records. The findings indicate that ASEAN’s policies for stateless populations accessing healthcare are inadequate. The ‘ASEAN Way’—emphasizing state sovereignty and non-interference—often overlooks fundamental human rights, particularly health rights. Even though ASEAN member states may ratify international human rights laws, this does not guarantee the development or implementation of corresponding policies, particularly for healthcare access for stateless populations; this is largely attributable to the ASEAN principle of non-interference and the absence of regional support, factors that not only hinder consistent enforcement across member states but also allow for the neglect of non-binding international obligations. With an estimated 1.4 million stateless persons in the Southeast Asian region, the impact of COVID-19 on this group remains under-researched. We demonstrate that the ASEAN Framework, along with the 'ASEAN Way', despite their commitment to human rights, inadvertently perpetuate healthcare disparities for stateless persons, especially during COVID-19. This emphasizes the need for the ASEAN Summit to address these gaps and prioritize the health rights of these vulnerable populations.