Tuesday, July 9, 2013

Indonesia prefers to remain an unwelcoming transit point for asylum seekers

By Lauren Gumbs  

Indonesia has neither the capacity nor political will to take responsibility for a situation that sees 85% of asylum seekers transiting through the archipelago on their way to Australia.
Indonesia sees the problem as the target country’s but feels any solution must be a regional one.
In the current system or lack thereof, Indonesia does not accord asylum seekers a unique migration status, asylum seekers and refugees who enter Indonesia are regarded as unlawful migrants.
Asylum seekers and people smuggling has come to dominate the Australia Indonesia relationship under both Howard and Gillard, no less an issue for Kevin Rudd as he seeks to build diplomacy with Indonesia and win the election in two months’ time.
Indonesia has stated in the past that it wants Australia to increase its acceptance of refugees coming from Indonesia, however one of Australia’s main goals is to find a way to prevent people coming in on boats from Indonesia and to encourage Indonesia to improve detention facilities and border control.
There is no easy solution particularly when Indonesia has no international treaty obligations or clearly defined roles when it comes to responsibility for handling asylum seekers at sea, for example the international Safety of Life at Sea and Search and Rescue Conventions.
Instead Australia and Indonesia employ limited bilateral agreements such as the 2004 Arrangement for Coordination of Search and Rescue Services.
These agreements are easily undermined and complicated when they become subject to the cooperation of Indonesian officials.
In 2009 asylum seekers rescued in Indonesian waters and put on board the Australian vessel Oceanic Viking were subsequently denied port access at consecutive ports in Merak and Riau Islands despite the operation of the search and rescue arrangement and an agreement between Kevin Rudd and Susilo Bambang Yudhoyono to allow the Australian ship to dock.
Indonesia has not advertised itself as a transit point; its facilities and a lack of frameworks and guarantees should stand as forceful deterrents, yet after a decade of doing little except increasing border security, asylum seekers still come in droves, exploiting the weak immigration system. In order to launch a risky boat journey.
The United Nations High Commission for Refugees (UNHCR) said that without refugee legislation and procedures in Indonesia, it alone is responsible for protecting and assisting refugees and asylum seekers, in addition to conducting registrations.
The UNHCR is advocating for Indonesia's accession to the 1951 Refugee Convention and its 1967 Protocol, yet it is highly unlikely that Indonesia will sign on anytime soon if ever.
Indonesia has not signed onto or ratified several other international human rights instruments as well as progressive regional conventions like the South East Asian Framework on Tobacco Control.
Not only is Indonesia disinclined to lock itself into such agreements, it has focused on other priorities such as managing internally displaced and excommunicated people through frequent natural disasters and civil ethno-religious conflicts.
Researcher Adrienne Millbank believes the asylum system is broken and the convention is no longer appropriate to today’s refugee flows from countries largely experiencing transitory civil wars.
Paul Murray stated in a West Australian report on Millbank’s argument, “it has at its core a principle of non-return, not an obligation to protect refugees and then help them go home as soon as possible.”
Even without signing the Refugee Convention, Indonesia could still look toward improving detention and possibly building detention and processing facilities. As Ross Taylor from the Indonesia Institute suggests, Australia is prepared to fund such a detention facility and East Nusa Tenggara is a good spot to start.
The problem is that Indonesia lacks the political will to do so as well as an effective judicial system that can adequately prosecute people smugglers and deal humanely with detainees.
Convincing Yudhoyono is also not the biggest obstacle. It is government officials and regional heads who will oppose transforming Indonesia from unwelcoming transit point into a link in the larger chain of Australia’s immigration system.
Australian citizens who did not agree to the Malaysia deal due to a lack of protections for asylum seekers will be even less inclined to support Australian funded detention centres in Indonesia.
Currently transiting refugees are detained in immigration detention centres in squalid conditions for indeterminate periods without rights or recognition as asylum seekers and new reports from Human Rights Watch say many suffer physical abuse from guards and police.
Huge amounts of money and resources are being spent on border protection and keeping asylum seekers out. This money would be better spent creating access to apply for refugee status and resettling the most disadvantaged trapped in refugee camps without funds to make a trip to Indonesia, bribe immigration officials, and pay people smugglers.
But if it can’t, safe and humane processing centres in countries that are used as transit points provide reasonable options to dismantling people smuggling and housing asylum seekers offshore.
It will take more than a bilateral relationship between Australia and Indonesia to find a solution and without regional cooperation and support the issues will continue to be divisive for Australia Indonesia relations and a humanitarian failure for those seeking asylum.
Kevin Rudd’s visit was an opportunity to create a less polarising discourse and to adopt a more regionally minded approach in discussions of asylum seekers rather than to keep cornering Indonesia on an issue it does not look at in equal importance as does Australia.
The UN High Commissioner for refugees said 9226 asylum-seekers and refugees were in Indonesia at the end of February, however the real figures could be much higher as many asylum seekers enter Indonesia legally and vanish once they arrive.
As it stands now, asylum seekers have virtually no rights in Indonesia and are guaranteed a lengthy purgatory in detention. As a transit point, Indonesia is a necessary perdition where taking a boat ride is inevitable.
Whereas ten years ago Indonesia may not have had the means or motivation to do something about asylum seekers, it now has both by way of a fast growing economy and greater ASEAN and international leadership responsibilities.
And ten years ago Australia was engaged in unhelpful megaphone diplomacy that distanced Indonesia from building a relationship of mutual trust and perspective.
It does not seem likely that Indonesia will sign onto international refugee protocols anytime soon, yet expanding the issue into regional discourse and making provisions for processing centres may change Indonesia’s attitude toward remaining a hostile transit point.
 
Lauren Gumbs is a journalist based in Surabaya, East Jave, Indonesia
July 2013.

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