Now and Then, "The Refugee Islands"

The refugee problem is very dilemmatic as they often conflict with human rights and the sovereignty of the country. Indonesia is not a state that has ratified the Convention 1951 and Protocol 1967, but Indonesia must also be interested in resolving refugee problems. However, the number of refugees in Indonesia is growing rapidly each year. In 2019, the number refugees reached 14.425.[1] As refugees cause social issues, this problem becomes more severe. Besides, because there is a principle of non-refoulement, they can't be expelled and because of human rights, the government is creating Act No. 125 in 2016 on the handling of refugees which is not really suitable for solving the problem. As a sovereign country, Indonesia has right to adopt a policy to solve this problem. The author takes the example of the refugee problem solving strategy in two countries, which is Indonesia and Australia. The relocation carried out on an island in each nation can be seen as a solution to this problem.

1.    Refugee in Christmas Island

(source: britannica.com)

Australia Government has just released an immigration policy, Madevac Legislation (health insurance) on Christmas Island. The situation was exacerbated by many health problems for asylum seekers in Nauru and Manus Island, the location for people who apply to Australia as an asylum seeker, confirmed by ABC News Broadcasting Australia. There is an Immigration Detention Center on Christmas Island that can handle about 2000 asylum seekers with health insurance that is adequate to compete with Nauru and  Manus Island. The Immigration Detention Center is very impressive because its isolated location and closed system of full guard detention looks just like a prison. Closed since 2018 due to Australia’s cost and strategis interest and this year, the facility has just been opened.

There’s a certain approach. Firstly, this policy does not come from domestic politics as a result of a recommendation promoted by a Coalition of Liberal Governments led by Minister Scott Morrison. In fact, Scomo is mindful of the internal pressure from Australia’s parliament that led by the Labor Party, the Green Party, and the Independent Party, which is completely defeated the government’s parliamentary voice in submitting immigration draft acts pro-humanity for asylum seekers.

Nevertheless, this time, the bicameral structure in the Australian Parliament dominated by the three backers of the coalition. Thus, the government must embrace those plan. Three parties background is known for pro-humanity, which often carries anti-mainstream issues such as LGBT anti-discrimination. Liberal party has become a goverment with the strenght of its alliance, which is very conservative on immigration issues but in reality, is not capable as a political activity of stifling political lobbying against its political ideology.

In the next five years, following the Australian vote in May 2019, this country would be dominated by pro-human and pro-antimainstream parliamentarians. Betts and Gilding research in 2006, pro-immigrant growth is a rich category grouping that leads to the Australian party’s effect on immigration policy. Their purpose is to attract labour and repratiate.

Second, on the immigration side, Australia’s policy on boat people who trying to enter Australia (written in Defense White Paper) is considered to direct the idea of forward defense concept. Australia is strengthening the borders of air, sea, and land by this concept. Empirically, people’s migration to Australia via Indonesia is growing since 2001-2013 in the presence of conflict in Middle-East and South Asia. This is regarded as a non-traditional national security threat with a regulated migration mechanism to rationally assess population composition.

Australia starts deterrence by partnering with immidiate neighbour such as, Indonesia, Malaysia, Nauru, Papua New Guinea, and other countries on externalising of border, outsourcing of border, and remote control to assist them with unwanted arrivals by military approach and foreign cooperation. The next step taken by Australia in 2001 and developed in 2013 is to eliminate the migration zone, meaning that if undocumented persons entering Australia eventhough they are identify as asylum seekers, they will be counted as unauthorised arrivals and also, they will be relocated to an impermanent place on the Island of Nauru or the Island of Manus belongs to Papua New Guinea in order to obtain immigration process. Christmas Island is a migration area excised.

The above immigration policy triggers the presumption that smugglers will reach Australia via Indonesia as a transit country. This leads to increased illegal migration based on “push and pull” principle of migration. Global migration is an independent variable in international relations, and we can not predict for sure how much the Australia’s immigration policy will affect other countries. Based on "Rules of Exit and Rules of Entry," Professor Myron Weiner's theory on "World Migration and International Relations" will impact Indonesia also. The visa waiver policy for 169 countries in Indonesia will become a point of entry for those who wish to travel to Australia. This is becoming an immigration challenge because there are so many islands in Indonesia.

On the social side, asylum seekers cost Indonesia socially. Indonesia has not ratified the 1951 Convention. Because the welfare issues are still a priority for the Indonesian people. Because of human rights, the government is creating Act No. 125 in 2016 on the handling of refugees which is not really suitable for solving the problem. In 1953, however, Soekarno reminded in the Chief Conference that Indonesia had a selective immigration policy and that Indonesia was not a migrant country.

Indonesia must make the regulation's assertive and clear political desire so that the existence of asylum seekers and refugees does not become a problem. On the other hand, institutional reinforcement of immigration and borders must include national development priorities in order to address global migration of people to Indonesia. Therefore, regardless of the dynamics of immigration policy in Australia and other countries, Indonesia will be able to anticipate those with smart policies so that Indonesia's national priority to become a sovereign, equitable and prosperous country will be achieved.[1]

2.    Refugee in Galang Island

(Illustration source: kumparan.com)

Since the fall of Saigon (South Vietnam Capital) to North Vietnam on May 10, 1975, Vietnam's refugees have left their country due to persecution and intimidation. They were going by ship. Therefore, people called them “Boat People”. In a few countries like Thailand, Singapore, Malaysia, Philippines, Indonesia and Hong Kong, they stranded. There are about 500.000 refugees.

Refugees are located on the island of Galang, in the province of Riau Island. This island has been a refugee camp for Indo-China since 1979. Construction of the refugee system center on the Island of Galang starts in 1979. 46 Asylum seekers came and stayed there in August 1979. Temples, Catholic and Protestant churches and 140 barracks for 5.320 Vietnam people were built.

There are 121.000 asylum seekers on the Island of Galang in the late 1979, 30.000 people are sent from Thailand, 6.000 from Singapore, 2.700 from Malaysia, and 83.000 arrived in Indonesia’s border. Only 19.646 asylum seekers left on Galang Island with nearly 11.000 were screened for refugee status in March 1989, and are prepared to send them to third countries.

Only 4.254 “Boat People” left in 1996. People from ex-military, police and criminals, however, are refused to send home. This will become the problem facing Indonesia. Some initiatives, such as: Galang Humanitarian Operation in 1996, have been introduced by the government to solve the problem on the Galang Island. The aim is to facilitate the return of “Boat People” to Vietnam and Cambodia from the Island of Galang and Tanjung Pinang, cooperation between Indonesia’s government and the UNHCR.

But, there are some issues, for example: refugees are afraid of returning to their nation, which is Vietnam. They are afraid that their country will reject them and mark them as traitors. In addition, administrative bureaucracy is complicated. Within their country, ex-military and police are afraid of being in custody and having a bad treat. The others are afraid of their future, because there is nothing left in their hometown so they want to find a decent life in other nations. They also heard that the third country still wants to accommodate them.

There are some avenues for them to love their country in order to foresee them and convince them to be sent back, such as: 1) Posting Vietnamese billboards and banners in refugee camps in order to miss their homes; 2) Purchase of Vietnamese magazines or brochures imported from Vietnam; 3) Movie shows and interviews with Galang Island ex-refugees who flourished and served in Vietnam as well as an appeal for them to go back.

Those efforts have been successful. Only 4.000 refugees from Vietnam left in Galang Island. On 30 June 1996, UNHCR granted their repatriation limit. UNHCR supports Boat People's care and maintenance and also give them money and flight cost. The last group of refugee from Vietnam has left Galang Island in September 2, 1996.[2]

3.    Conclusion

The refugee problem is very dilemmatic as they often conflict with human rights and the sovereignty of the country. Looking at the resolution of refugee problems in the above two subjects, Indonesia must make the regulation's assertive and clear political desire so that the existence of asylum seekers and refugees does not become a problem. On the other hand, institutional reinforcement of immigration and borders must include national development priorities in order to address global migration of people to Indonesia. Therefore, regardless of the dynamics of immigration policy in Australia and other countries, Indonesia will be able to anticipate those with smart policies so that Indonesia's national priority to become a sovereign, equitable and prosperous country will be achieved.

Furthermore, cooperation with other countries and international institutions is necessary in order to reduce the burden on Indonesia in dealing with refugee problems, for example, to conclude agreements with countries that are willing to accommodate refugees after being placed in a third country by UNHCR and seeking refugee funding in Indonesia while waiting to be placed in a third country (the fund can be from other countries or international institutions).

Therefore, the government must take steps to help asylum seekers and refugees in Indonesia now. It can protect Indonesians from social instability and other challenges by relocating asylum seekers and refugees to Galang Island. Indonesia's burden will be reduced by providing them with opportunities to manage their own households on Galang Island. Surely, national and international army must be supervised them and there are regulations that bind them to maintain order at all times. Moreover, after knowing their migration goal, the government also sought to voluntarily repatriate them using previous methods applied to refugees from Vietnam. Although each policy has implications, these policies are worth trying.

  

References :

Books :

Indrady, Andry (Ed.). 2019. Dinamika Isu Keimigrasian Dalam Lensa Global. Depok: Politeknik Imigrasi

Achmad, Usmawadi dkk. 2003. Pengantar Hukum Pengungsi Internasional. Bandung: Perwakilan Regional UNHCR Jakarta

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[1] Indrady, Andry (Ed.), 2019, Dinamika Isu Keimigrasian Dalam Lensa Global, Depok: Politeknik Imigrasi, pages 17-24.

[2] Achmad, Usmawadi dkk, 2003, Pengantar Hukum Pengungsi Internasional, (Bandung: Perwakilan Regional UNHCR Jakarta), pages 188-192.

[1]https://news.detik.com/berita/d-3442963/14425-imigran-ilegal-penuhi-indonesia-ini-langkah-pemerintah accessed on November 14, 2019

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