Refugees protest in Indonesia over Australia border policy Refugees hold posters during a protest against Australia's "inhumane" entry rules in Jakarta, Indonesia on Aug 20, 2019. In 2016, the government issued Presidential Regulation No. Others are from countries such as Sudan, Iran, Iraq, China, Ethiopia, Sri Lanka, and Yemen. The Indonesian government has strong reason to draw policy lessons from the international community in order to deal with over 14,000 transiting refugees and asylum seekers, before the situation deteriorates further.. Indonesia is 75th in the UNHCR's list of donors. Until this is done, the 14,000 asylum seekers and refugees already in Indonesia, with few chances for resettlement, remain trapped in a cycle of poverty and discrimination, with little hope for improvement. There are also many inconsistencies between the international human rights instruments, the Constitution, domestic statutes and regulations, which create confusion and misconceptions among government officials, police, the judiciary, and civil society about the place of these rights in the Indonesian legal system. Universitas Gadjah Mada provides support as an endorsing partner of The Conversation ID. The presidential decree also set forth a policy to allow for more local refugee shelters to be set up. Room 726, Level 7, 185 Pelham St, As a refugee in Indonesia, I am completely stuck in limbo but still – we have survived. In any case, immigration authorities would arrest refugees entering Indonesian territory. The decree doesn’t set out ways that asylum seekers and refugees in Indonesia - some 13,800 people, mostly from Afghanistan and Myanmar - can be protected and settled in Indonesia through integration programs. The Conversation UK receives funding from these organisations. Prior to the release of the decree, the Ministry of Law and Human Rights’ Directorate General of Immigration had been relying on their own standard operating procedures. 16.3 percent (or 3,668) of all refugee arrivals came from East Asia—a region that includes China, Vietnam, and Indonesia—compared to 12,518 in FY 2016. The rights of asylum seekers and refugees should be recognised and protected, as they are outlined in the Indonesian Constitution, the Human Rights Law, and the Foreign Relations Law. Through this decree, Indonesia has codified the principle of non-refoulement into its new policy. In fact, Law No. We acknowledge and pay respect to the Traditional Owners of the lands upon which our campuses are situated. This means other countries observe it as law, even though its unofficial. Many live in severe poverty and are forced to work in highly exploitive jobs with no rights just to survive. By looking at the case of refugees living in Pekanbaru, this study concludes that Indonesia should consider the local integration option as one of the viable solution to the protracted refugee … In 2016, the government issued Presidential Regulation No. Afghans in Indonesia and Jakarta’s refugee policy. The 2016 Presidential Decree is inconsistent with these principles, and in some cases even imposes discriminatory treatment. But an unclear legal framework and the unwillingness of politicians to deal with the issue has meant that many genuine asylum seekers and refugees continue to be treated as illegal immigrants. What is your situation there like? Only after local fishermen saved the adrift themselves did Indonesia and Malaysia give them shelter. Indonesia's policy of moving populations from one part of the country to the other has long been used as a way to subdue ethnic groups. However, in 2013, Australia implemented a new policy of 'turning back' refugees arriving by boat, thus cutting off the exit route from Indonesia. The country, which has not ratified the Refugee Convention, contributes $60,000 to the UN agency every year. Asylum-seekers have long been a flashpoint between the two countries, with large numbers who are seeking to reach Australia by boat ending up stranded in Indonesia instead. The psychology of pandemics, the waiting period alone for registration for a first interview ranges from 8 to 20 months, towed a stranded migrant boat in Aceh back to sea. However, in 2013, Australia implemented a new policy of 'turning back' refugees arriving by boat, thus cutting off the exit route from Indonesia. Refugees in Indonesia are not housed in United Nations refugee agency (UNHCR) camps, and most are safe from immigration detention if they strictly follow the rules of their stay. — This includes registering with UNHCR, remaining within certain areas, not engaging in work, and not undertaking other business activity. Violating this customary law would bring criticism and condemnation from other nations. Similarly, immigration officers are not equipped with sufficient knowledge and capacity beyond the provisions of the 2011 Immigration Law. Febi Yonesta was a participant in the workshop. The Maritime Powers Act 2013 (Cth) may also be relied on to take persons to Nauru and PNG (or another place outside Australia) in circumstances where a person is not yet in Australia.11 But global resettlement numbers are at … Statistics and Background. The Regional Cooperation Arrangement, signed by Australia, Indonesia and the International Organization for Migration in 2001, sees Australia providing the IOM with funding to meet the refugees' basic needs. While Indonesia has not signed the 1951 Convention relating to the Status of Refugees or nor its 1967 Protocol, the regulation of the President of the Republic of Indonesia No. Many face administrative or penal measures, including mandatory detention, fines, and deportation. Most of them are just temporarily staying in Indonesia and waiting to get their cases processed by the UNHCR. According to the United Nations, there are more than 65 million displaced people worldwide, including 22.5 million registered refugees, who have fled war, persecution, hunger, and natural disaster in hopes of finding safety and security across … The most important provision relevant to asylum seeker and refugee protection is the recognition that everyone has equal rights to enjoyment of the rights set forth in these conventions, without discrimination. We are still alive. Within Indonesia’s refugee community there are bright sparks, skilled refugee leaders involved in a host of initiatives, holding classes for … Refugees initially came to Indonesia due to the country's proximity to Australia. Online: 'The Great Health Dilemma: Is Prevention Better than Cure' with Chris Dye & Salim Abdool Karim, Normative folk psychology and decision theory, Online book launch with Ian Goldin: "Rescue: From Global Crisis to a Better World", Society going viral! Such an assumption has been fostered by the creation of the 1951 Refugee Convention, which contains a set of principles which apply to the states parties to the Convention, and a specialized global institution, UNHCR. President Widodo’s decree shows the progress Indonesia has made in adhering to international refugee law. Indonesia now has clear leadership on how to treat refugees. T he history of Japan’s immigration and refugee policy dates back to the 1917 Russian Revolution. Indonesia's decree on refugees honours a customary international law obligation of non-refoulement, or not expelling or returning refugees. There are an estimated 14,000 refugees and asylum seekers in Indonesia. Unfortunately, the circular also outlined a series of prohibitions, including a prohibition on refugees and asylum seekers participating in any income-generating activities. As a result, the Government authorizes UNHCR to carry out its refugee protection mandate and to identify solutions for refugees in the country. Through diplomacy and negotiation, this may be a step to realise a refugee framework in Southeast Asian region and especially in the Association of Southeast Asian Nations or ASEAN. While the refugee issue is not a political priority in Indonesia, it seems to garner much traction for Australian politicians – where refugee issues … Without any regulation on how to treat and manage refugees and asylum seekers, officials usually ignore the requests of refugees or detain those without UNHCR refugee identification cards. 125 of 2016 on the Treatment of Refugees and Asylum Seekers in Indonesia. Refugees initially came to Indonesia due to the country's proximity to Australia. In December 2016 president Joko Widodo filled a long legal vacuum by issuing a decree to ensure refugees not be arbitrarily expelled or returned to their country of origin. The Indonesian immigration regime does not apply any distinction between regular immigrants and asylum seekers or refugees. With prospects for settlement in third countries slim, Indonesia desperately needs to resolve the inconsistency between refugee policy and practice if it is to respect and protect the rights of asylum seekers and refugees who may be in the country for years to come. Given that the Immigration Law was not intended to deal with refugees and asylum seekers, immigration authorities should not step in and apply immigration law and policies to them. She visited two refugee camps of Rohingyas in Ukhia of Cox’s Bazar, Bangladesh. Human displacement, asylum movements, refugee and stateless populations, and irregular labor migration flows have long posed challenges for Southeast Asia. — As well as the problem of lack of knowledge and capacity, the absence of provisions relating to refugees and asylum seekers in the Immigration Law means that immigration is not supported financially or equipped with sufficient infrastructure to deal with asylum seekers and refugees. Thomas Vargas, the UNHCR representative in Indonesia, said last month the agency lacked the financial support necessary to keep up with the flow of refugees and asylum seekers into Indonesia. Indonesia has few resources to deal with refugees and has not ratified the 1951 Refugee Convention, which outlines the rights of displaced people. AFP 20 Mar 2016. To Australia’s enduring shame, July 19 marked six years since Kevin Rudd’s hardline ‘PNG solution’ was announced. They are also not allowed to protest. However, the right to seek asylum is now recognised in the Indonesian Constitution (following the second amendment in 2000), Law No. Refugees here, and the few international and local organizations working with them, must adjust to global events and policy shifts. CRICOS Provider Code:00116K (visa information), Disclaimer & copyright Indonesia’s inconsistent policy on refugees, Centre for Indonesian Law, Islam and Society, Indonesia Democracy Hallmark Research Initiative. Indonesia has not signed the 1951 Refugee Convention, which means you cannot ask for asylum in the country. image caption Rohingya refugees after disembarking from the boat in Indonesia Nearly 300 Rohingya refugees have landed in Indonesia, telling authorities … That is a far cry from how much the agency actually needs for its programs. Such a law would overcome the current confusion. The only current policy directly related to asylum seekers and refugees in the immigration legal framework is a discretionary circular issued in 2002 (later amended in 2010) instructing immigration offices to put illegal immigrants who claim asylum in touch with the UNHCR. This deterrence policy has resulted in a decreased number of attempts to travel from Indonesia to Australia irregularly by boat. This regulation recognised the fundamental right to seek asylum and refuge and was hailed by many as a step forward in Indonesia’s treatment of asylum seekers and refugees. Refugees in Indonesia are not housed in United Nations refugee agency (UNHCR) camps, and most are safe from immigration detention if they strictly follow the rules of their stay. Because Indonesia is not a signatory to the 1951 Refugee Convention, many displaced people find themselves extremely vulnerable and marginalised once they arrive in the country. Refugee policies have become increasingly restrictive in recent decades, with industrialised countries violating international norms both in spirit and practice. When asylum seekers and refugees are viewed simply through the lens of not having valid travel documents, they are easily classed as illegal immigrants. The most important provision relevant to asylum seeker and refugee protection is the recognition that everyone has equal rights to enjoyment of the rights set forth in these conventions, without discrimination. Legal reform would also be a catalyst for helping the government and society strengthen their knowledge and capacity and better prepare themselves for dealing with refugee populations into the future. The policy by Morrison’s logic, is designed to prevent refugees from using Indonesia as a launch pad to settle in Australia. 125 of 2016 on the Treatment of Refugees and Asylum Seekers in Indonesia. Cambridge, Cambridgeshire, Online book launch with Ian Goldin: "Rescue: From Global Crisis to a Better World" Online: 'The Great Health Dilemma: Is Prevention Better than Cure' with Chris Dye & Salim Abdool Karim Even if they don’t, they are still excluded from public services, including healthcare and education, and do not have access to adequate housing or employment. … None of the internationally recognised rights attached to refugees are stipulated in the presidential regulation. While the refugee issue is not a political priority in Indonesia, it seems to garner much traction for Australian politicians – where refugee issues dominate their agenda. They are not given work permits and cannot access public services such as health care and education. What is Jokowi planning to do about stunting? Since this policy, the number of refugees in Indonesia jumped from a few hundred to the nearly 14,000 refugees today. Without a UNHCR refugee identification card refugees are labelled illegal immigrants. Closing borders: the ripple effects of Australian and European refugee policy. The ministry, with its clear understanding of international treaties and laws, is more active in responding to refugees. Indonesia is not a party to the 1951 Refugee Convention or its 1967 Protocol, and it does not have a policy to integrate refugees into the community. Indonesia currently hosts less than 15,000 UNHCR-registered refugees and asylum seekers, mainly from Afghanistan, but also from Somalia, Myanmar and a few other countries. — Nevertheless, this regulation shows a policy shift in Indonesia from a security approach that pays no regard to the safety of refugees into one that honours a customary international law obligation of non-refoulement, or not expelling or returning refugees. In total, the UNHCR receives $2.5 billion from 98 donors – including private ones – each year. “We will continue to protest until our key demand — which is resettlement to a third country — is met,” said Shams, a 20-year-old Afghan refugee, at a protest on Batam island near Singapore. 16.3 percent (or 3,668) of all refugee arrivals came from East Asia—a region that includes China, Vietnam, and Indonesia—compared to 12,518 in FY 2016. Indonesia's policy of moving populations from one part of the country to the other has long been used as a way to subdue ethnic groups. Case studies on Indonesia, Kenya and Jordan explore the influence of Australian and European refugee and border control policies, as governments in these lower-income countries have enacted increasingly restrictive policies towards refugees. Refworld is the leading source of information necessary for taking quality decisions on refugee status. As of December 2017, Indonesia hosted almost 14,000 refugees from 49 countries, with half coming from Afghanistan. By Bansari Kamdar. In late 2016 the President of the Republic of Indonesia signed the Presidential Regulation on the Handling of Refugees , which contains key definitions and sets out processes for the detection, shelter and safeguarding of refugees and asylum-seekers. Photo by FB Anggoro for Antara. Since Indian law does not define who is a refugee, the government can brand all refugees and asylum seekers under the umbrella “illegal migrant” term. The psychology of pandemics Within the Indonesian immigration framework, most refugees and asylum seekers could be regarded as victims of people smuggling or, in some cases, human trafficking, meaning they should be protected and excluded from any punitive measures under the Law. But it remains an insufficient legal framework for the rights of refugees and asylum seekers. Dr Dave McRae. Parkville 3010 VIC Australia, Editorial board:  To this date, only Indonesia has formulated a decree on refugees. Indian Refugee Policy: From Strategic Ambiguity to Exclusion? Although the Law includes an exclusionary clause for victims of people smuggling and human trafficking under Articles 86 and 87, these clauses do not clearly include asylum seekers or refugees as victims of people smuggling or human trafficking who deserve to be treated differently to illegal immigrants. However, Indonesia's commitment to dealing with in-transit refugees and asylum seekers is still feeble and its direction in the refugee policy area has been reactive. This article is an outcome of a workshop, ‘Presidential Regulation No 125 of 2016 on the Treatment of Refugees and Asylum Seekers in Indonesia: Opportunities and Challenges’, held on 21-22 March 2019 under an Australian Research Council grant and hosted by the Faculty of Law, University of Indonesia. However, the Indonesian Foreign Affairs Ministry showed a different approach. In 2016, the government issued Presidential Regulation No. The governments of Indonesia, Malaysia and Thailand initially refused to save them. This brief summarises the many changes to Australia’s refugee and asylum policies in recent years. Under this policy military vessels patrol Australian waters and intercept migrant boats, towing them back to Indonesia or sending asylum … Research Associate at the ASEAN Studies Center, Universitas Gadjah Mada. Australian FM defends refugee policy on Indonesia trip. Neither can they enjoy freedom of movement like other Indonesian citizens. The policy by Morrison’s logic, is designed to prevent refugees from using Indonesia as a launch pad to settle in Australia. The Indonesian government has strong reason to draw policy lessons from the international community in order to deal with over 14,000 transiting refugees and asylum seekers, before the situation deteriorates further.. The situation has become problematic when the number of refugees coming to Indonesia has continued to increase, but Indonesia does not have a comprehensive refugee policy to support them. For example, Indonesia still hasn’t signed the 1951 Refugee Convention which outlines the rights of refugees and the obligations of governments to protect them. — The primary mistake governments make with refugee policy and practice is when they follow a conventional immigration framework or perspective. Jakarta (AFP) – Australia’s foreign minister defended Canberra’s controversial refugee policy Monday during a trip to the key transit nation Indonesia, after Jakarta pressed for more help for people waiting for resettlement. 16.9 percent (or 3,797) of all refugee arrivals came from Near East/South Asia, a region that includes Iraq, Iran, India, Syria, and Egypt—compared to 35,555 in FY 2016. Online, Oxfordshire, Society going viral! The majority of these migrants are from Afghanistan (56%), Somalia (10%), and Myanmar (5%). They await transition to countries like USA, Canada and Australia. Australia's foreign minister defended Canberra's controversial refugee policy Monday during a trip to the key transit nation Indonesia, after Jakarta pressed for more help for people waiting for resettlement. Cambridge, Cambridgeshire, Copyright © 2010–2021, The Conversation Trust (UK) Limited. Indonesian Government Policy on Rohingya Refugees Deasy Silvya Sari 1 , Taufik Hidayat 2 , Aliyuna Pratisti 3 1 International Relations Departement, Universitas Padjadj aran, Indonesia Rohingya refugees in a shelter in Aceh in May 2015. As a refugee in Indonesia, I am completely stuck in limbo but still – we have survived. The definition the decree uses should also be broadened because it leaves out those fleeing disasters, instead referring only to those fleeing persecution. In 2017, Indonesia’s president, Joko Widodo, signed a decree recognizing the status of asylum seekers and refugees, and the country will no longer label them as illegal immigrants. To Australia’s enduring shame, July 19 marked six years since Kevin Rudd’s hardline ‘PNG solution’ was announced. 39 of 1999 on Human Rights, and Law No. Even now, the international community and civil society organisations have been pressuring the Indonesian government to sign the 1951 Refuge Convention. 6 of 2011 on Immigration does not even include asylum seeker or refugee terminology in its provisions. This directorate is the government lead in responding to refugee issues. A lesser known humanitarian crisis of Australia’s making is the more than 14,000 refugees stuck in Indonesia – some for overMore 16.9 percent (or 3,797) of all refugee arrivals came from Near East/South Asia, a region that includes Iraq, Iran, India, Syria, and Egypt—compared to 35,555 in FY 2016. This process is a very exhausting, the waiting period alone for registration for a first interview ranges from 8 to 20 months. Refworld contains a vast collection of reports relating to situations in countries of origin, policy documents and positions, and documents relating to international and national legal frameworks. This inconsistency can be seen in the table below: The table shows that many refugee rights stipulated under the 1951 Refugee Convention are also recognised in the Indonesian Constitution, domestic laws, and international human rights treaties that Indonesia has acceded to. What is your situation there like? PHOTO: AP Visit our country website - Indonesia (Indonesian) Indonesia (English) For legislation, case law and UNHCR policy relating to claims for international protection, visit Refworld. It’s considered a customary law that binds all countries, including those who are not signatory to the refugee convention. ... C. East Timorese refugees in Indonesia And in order to get a UNHCR identification card, asylum seekers and refugees must go through a very long Refugee Status Determination (RSD) process. Under this policy military vessels patrol Australian waters and intercept migrant boats, towing them back to Indonesia or sending asylum seekers back in inflatable dinghies or lifeboats. Even though I cannot marry, I cannot drive, I cannot open a bank account. Australia used to be UNHCR Indonesia's biggest donor until the country changed its immigration policy in 2013 to refuse asylum seekers coming down under by boat. Even though Indonesia is not a signatory to the 1951 Refugee Convention, its honour bound to the principle of non-refoulement. The lack of action in relation to refugees was most evident during the Andaman Sea Crisis when thousands of Rohingya and Bangladeshis were languishing at sea off Indonesia’s northernmost province Aceh in 2015. 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