According to UNHCR, also known as The UN Refugee Agency, there are around 10,585 refugees dwelling in Indonesia that are officially registered by the organization as of July 2019. For up-to-date information about our programmes and operations in Indonesia, including funding level and donor contributions, visit Global Focus, UNHCR's reporting portal. 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. The information has been carefully selected and compiled from UNHCR's … The UN’s refugee agency, UNHCR, says some 1.44 million refugees are in urgent need of resettlement to so-called “third countries”. Even now, the international community and civil society organisations have been pressuring the Indonesian government to sign the 1951 Refuge Convention. 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. Neither can they enjoy freedom of movement like other Indonesian citizens. Indonesia is a snapshot of what the world’s 26 million registered refugees are facing. 116 TYRER — AN AUSTRALIA–INDONESIA ARRANGEMENT ON REFUGEES countries.10 Section 198AD(2) requires an officer to take an ‘unauthorised maritime arrival’ from Australia to a ‘regional processing country’. And in order to get a UNHCR identification card, asylum seekers and refugees must go through a very long Refugee Status Determination (RSD) process. — ... C. East Timorese refugees in Indonesia It is well known that Indonesia is not a signatory to the 1951 Convention Relating to the Status of Refugees. President Widodo’s decree shows the progress Indonesia has made in adhering to international refugee law. 125 concerning the handling of foreign refugees was enacted in December 2016 and this continues to serve as the overarching legal framework for refugee issues in Indonesia. Many face administrative or penal measures, including mandatory detention, fines, and deportation. None of the internationally recognised rights attached to refugees are stipulated in the presidential regulation. We acknowledge and pay respect to the Traditional Owners of the lands upon which our campuses are situated. 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. In any case, immigration authorities would arrest refugees entering Indonesian territory. Cambridge, Cambridgeshire, Online book launch with Ian Goldin: "Rescue: From Global Crisis to a Better World" 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. ... With COVID-19 Rampant, Indonesia Braces for the Holidays By Teguh Maulana. 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. Research Associate at the ASEAN Studies Center, Universitas Gadjah Mada. The UN’s refugee agency, UNHCR, says some 1.44 million refugees are in urgent need of resettlement to so-called “third countries”. Visit our country website - Indonesia (Indonesian) Indonesia (English) For legislation, case law and UNHCR policy relating to claims for international protection, visit Refworld. 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. Indian Refugee Policy: From Strategic Ambiguity to Exclusion? For example, Indonesia’s foreign minister Retno Marsudi has sent humanitarian aid for the Rohingya refugees. … 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.. 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. What is Jokowi planning to do about stunting? Parkville 3010 VIC Australia, Editorial board: Between Trump and Jokowi’s Refugee Policy: What it Means for Indonesia i aspirasi March 7, 2017 0 A draft of a White House Executive Order to be signed by United States President Trump outlines Trump’s plan on limiting entry to immigrants and refugees. 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. What is your situation there like? The University of Melbourne ABN:84 002 705 224 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. It also makes Indonesia a pioneer among transit countries in Southeast Asia in policymaking on refugee issues. However, it respects the principle of non-refoulement and seeks to ensure that recognized refugees can be resettled in third countries. To Australia’s enduring shame, July 19 marked six years since Kevin Rudd’s hardline ‘PNG solution’ was announced. Even though I cannot marry, I cannot drive, I cannot open a bank account. Indonesia has few resources to deal with refugees and has not ratified the 1951 Refugee Convention, which outlines the rights of displaced people. 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. As a result, the Government authorizes UNHCR to carry out its refugee protection mandate and to identify solutions for refugees in the country. 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. 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. Indonesia is also party to core international human rights conventions and has adopted human rights standards into its domestic legislation. India need a domestic refugee law to protect those persecuted, ... Indonesia Braces for the Holidays This deterrence policy has resulted in a decreased number of attempts to travel from Indonesia to Australia irregularly by boat. Room 726, Level 7, 185 Pelham St, 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. 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. 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. They are also not allowed to protest. Within Indonesia’s refugee community there are bright sparks, skilled refugee leaders involved in a host of initiatives, holding classes for … 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 University of Melbourne She visited two refugee camps of Rohingyas in Ukhia of Cox’s Bazar, Bangladesh. Since the arrival of the Indochinese, little has changed in Indonesia’s handling of incoming refugees: The government perceives Indonesia as a transit and not a destination country and therefore does not provide permanent refugee protection. 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. Refugees initially came to Indonesia due to the country's proximity to Australia. The majority of these migrants are from Afghanistan (56%), Somalia (10%), and Myanmar (5%). Indonesian Government Policy on Rohingya Refugees Deasy Silvya Sari 1 , Taufik Hidayat 2 , Aliyuna Pratisti 3 1 International Relations Departement, Universitas Padjadj aran, Indonesia ; For up-to-date information about our programmes and operations in Indonesia, including funding level and donor contributions, visit Global Focus, UNHCR's reporting portal. 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. There are an estimated 14,000 refugees and asylum seekers in Indonesia. 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. The Indonesian government needs to expand a presidential decree to protect refugees, by turning it into law. Indonesia allows refugees to temporarily remain on its soil because members of the international community have been supporting them. 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. 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. 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. ... C. East Timorese refugees in Indonesia 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. Online, Oxfordshire, Society going viral! However, the right to seek asylum is now recognised in the Indonesian Constitution (following the second amendment in 2000), Law No. 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. 39 of 1999 on Human Rights, and Law No. While the refugee issue is not a political priority in Indonesia, it seems to garner much traction for Australian politicians – where refugee issues … 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. 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. In total, the UNHCR receives $2.5 billion from 98 donors – including private ones – each year. — This includes registering with UNHCR, remaining within certain areas, not engaging in work, and not undertaking other business activity. 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. 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. CRICOS Provider Code:00116K (visa information), Disclaimer & copyright We are still alive. Febi Yonesta was a participant in the workshop. However, in 2013, Australia implemented a new policy of 'turning back' refugees arriving by boat, thus cutting off the exit route from Indonesia. By Bansari Kamdar. This process is a very exhausting, the waiting period alone for registration for a first interview ranges from 8 to 20 months. Online, Oxfordshire, Normative folk psychology and decision theory “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. Only after local fishermen saved the adrift themselves did Indonesia and Malaysia give them shelter. 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 However, the Indonesian Foreign Affairs Ministry showed a different approach. 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. Without a UNHCR refugee identification card refugees are labelled illegal immigrants. To this date, only Indonesia has formulated a decree on refugees. The term Global Refugee Policy (GRP) contains an assumption that there is a globalized refugee policy (Miller 2012). Closing borders: the ripple effects of Australian and European refugee policy. The psychology of pandemics 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! In 2016, the government issued Presidential Regulation No. Indonesia's decree on refugees honours a customary international law obligation of non-refoulement, or not expelling or returning refugees. But global resettlement numbers are at … — But it remains an insufficient legal framework for the rights of refugees and asylum seekers. Violating this customary law would bring criticism and condemnation from other nations. discretionary circular issued in 2002 (later amended in 2010). A temporary refugee shelter in Kalideres, Indonesia Refugees in Indonesia do not generally see Indonesia as their final destination. Australian FM defends refugee policy on Indonesia trip. It is therefore bound by international and domestic legal obligations to uphold these rights. Indonesia: A Country Grappling with Migrant Protection at Home and Abroad Indonesia, which has a long history as a major origin for migrant labor in the Asia-Pacific and beyond, more recently has reluctantly found itself a transit and destination country, including for asylum seekers. 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. Phone:13 MELB (13 6352) | International: +(61 3) 9035 5511 Others are from countries such as Sudan, Iran, Iraq, China, Ethiopia, Sri Lanka, and Yemen. Refugee policies have become increasingly restrictive in recent decades, with industrialised countries violating international norms both in spirit and practice. A lesser known humanitarian crisis of Australia’s making is the more than 14,000 refugees stuck in Indonesia – some for overMore This brief summarises the many changes to Australia’s refugee and asylum policies in recent years. Indonesia’s inconsistent policy on refugees, Centre for Indonesian Law, Islam and Society, Indonesia Democracy Hallmark Research Initiative. The 2016 Presidential Decree is inconsistent with these principles, and in some cases even imposes discriminatory treatment. They are not given work permits and cannot access public services such as health care and education. As Indonesia begins to enforce this refugee decree, Indonesia should also promote the values enshrined, in the region. For information about our work in Indonesia:. 125 of 2016 on the Treatment of Refugees and Asylum Seekers in Indonesia. Refugees stranded for years in Indonesia are calling for integration into Indonesian society or resettlement in a UN Refugee Convention country. 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. PHOTO: AP 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. In Indonesia, refugees are effectively second-class citizens. Even though Indonesia is not a signatory to the 1951 Refugee Convention, its honour bound to the principle of non-refoulement. 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. 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. Indonesia’s overcapacity immigration detention centres are just one result of this legal gap. As of December 2016, Indonesia hosts 14,405 refugees and asylum seekers (see UNHCR’s factsheet here), around half of whom, or 7,154, are Afghans. The immigration agency also does not differentiate between asylum seekers, refugees, or the stateless. image caption Rohingya refugees after disembarking from the boat in Indonesia Nearly 300 Rohingya refugees have landed in Indonesia, telling authorities … The definition the decree uses should also be broadened because it leaves out those fleeing disasters, instead referring only to those fleeing persecution. Privacy, http://indonesiaatmelbourne.unimelb.edu.au/wp-content/uploads/2020/09/PRIMARY_A_Vertical_Housed_CMYK-trans-180.png, Febi Yonesta, https://indonesiaatmelbourne.unimelb.edu.au/author/febi/, Illegal or protected? To Australia’s enduring shame, July 19 marked six years since Kevin Rudd’s hardline ‘PNG solution’ was announced. The term Global Refugee Policy (GRP) contains an assumption that there is a globalized refugee policy (Miller 2012). 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 is a snapshot of what the world’s 26 million registered refugees are facing. Indonesia has not signed the 1951 Refugee Convention, which means you cannot ask for asylum in the country. 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. Reading, Reading, Music Therapy with Dementia It is focused mainly on technical guidelines for government agencies when refugee-related situations occur. 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. Visit our country website - Indonesia (Indonesian) Indonesia (English) For legislation, case law and UNHCR policy relating to claims for international protection, visit Refworld. 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. 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. That is a far cry from how much the agency actually needs for its programs. 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 primary mistake governments make with refugee policy and practice is when they follow a conventional immigration framework or perspective. Since this policy, the number of refugees in Indonesia jumped from a few hundred to the nearly 14,000 refugees today. Similarly, immigration officers are not equipped with sufficient knowledge and capacity beyond the provisions of the 2011 Immigration Law. 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. It’s considered a customary law that binds all countries, including those who are not signatory to the refugee convention. 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. Australia’s refugee scandal is not just limited to the islands of Manus and Nauru, writes Mark Goudkamp. 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 … The governments of Indonesia, Malaysia and Thailand initially refused to save them. 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. 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. However, in 2013, Australia implemented a new policy of 'turning back' refugees arriving by boat, thus cutting off the exit route from Indonesia. ... With COVID-19 Rampant, Indonesia … 125 of 2016 on the Treatment of Refugees and Asylum Seekers in Indonesia. The country, which has not ratified the Refugee Convention, contributes $60,000 to the UN agency every year. 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. The policy by Morrison’s logic, is designed to prevent refugees from using Indonesia as a launch pad to settle in Australia. 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. 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. Dio Herdiawan Tobing does not work for, consult, own shares in or receive funding from any company or organisation that would benefit from this article, and has disclosed no relevant affiliations beyond their academic appointment. 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. Some of these responses are proving more nimble than others. Indonesia now has clear leadership on how to treat refugees. The Conversation UK receives funding from these organisations. Cambridge, Cambridgeshire, Copyright © 2010–2021, The Conversation Trust (UK) Limited. As a refugee in Indonesia, I am completely stuck in limbo but still – we have survived. Even if this was done, however, there would still be a need for a comprehensive law on asylum seekers and refugees that clarified their recognised and protected rights, the role of government and society, supporting mechanisms and infrastructure, and funding. 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.. This directorate is the government lead in responding to refugee issues. T he history of Japan’s immigration and refugee policy dates back to the 1917 Russian Revolution. 125 concerning the handling of foreign refugees was enacted in December 2016 and this continues to serve as the overarching legal framework for refugee issues in Indonesia. 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. Asylum seekers and refugees are excluded from public services like healthcare and education. 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. 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. Statistics and Background. — 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. 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. 125 of 2016 on the Treatment of Refugees and Asylum Seekers in Indonesia. 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. Refugees here, and the few international and local organizations working with them, must adjust to global events and policy shifts. 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