[ARTICLE] Situation of Rohingya Refugees in Indonesia

IMA and APRRN (Asia Pacific Refugee Rights Network) successfully organized an online forum titled "Situation of Rohingya Refugees in Indonesia" on January 28, 2024, at noon Hong Kong time. The forum aimed to expand knowledge and perspectives on Rohingya refugees in Indonesia and why the act of inhumane violence done by university students to Rohingya refugees happened last December in Aceh. The forum was conducted in a closed setting and attended by approximately 30 participants, including IMA members and non-members.

The forum, which lasted for 2 hours, was opened by Fajar Santoadi from Tenaganita, who also served as the webinar moderator. Fajar introduced IMA briefly and highlighted IMA's solidarity support for Rohingya refugees.

The first speaker is Gading Gumilang Putra, a National Information and Advocacy Officer from JRS Indonesia. Gading began the presentation with the statement, "...it is too hasty to look at the conditions in Aceh and simply say that the local residents reject refugees...This stigma has an extraordinary impact on refugees and the environment." According to Gading, many people had forgotten about the customs and traditions of the Acehnese. The Acehnese highly honor guests and place great importance on saving lives. From the Acehnese tradition and custom, we could conclude that they are not anti-refugees. However, because of the false narrative, the Acehnese are portrayed as anti-refugees. So, how could news emerge stating that the people of Aceh were tired of refugees and wanted to expel them when the majority of Acehnese rarely come into contact with refugees in their daily lives? According to Gading, several factors contribute to this situation. First, there is limited access to public knowledge and opportunities to learn about the conditions of Rohingya refugees. Last December, a certain group(s) orchestrated the spreading of misinformation regarding Rohingya refugees on social media and official media. This has caused anger and hatred towards Rohingya refugees from various parties, including university students. Second, it could be due to poverty and the unequal development that exists in Aceh compared to other places in Indonesia. Third, fear plays a role. Fourth, the current election season in Indonesia may also have an impact. 

Gading further explains that Indonesia already has schemes and measures in place to assist refugees, whether they arrive by land or sea. However, there are many challenges faced in Indonesia when it comes to assisting refugees:

1. There is a lack of coordination and government involvement at the technical level. This hinders effective decision-making, especially in last-minute situations.

2. There is a lack of in-depth discussions on topics such as human trafficking, migrants, refugees, security, and protection. This leads to a lack of understanding among the public, resulting in a "criminal stigma" against refugees, trafficking victims, and smuggled individuals.

3. There is no access to the national state budget for refugees.

4. There is a heavy reliance on international institutions.

5. Regional and international forums often serve as diplomatic platforms where there is a lot of talking but little action.

6. Realistic regional and international assessments of the situation, such as durable solutions and root causes, are not adequately addressed or discussed in detail. 

These challenges highlight the need for improved coordination, public awareness, and greater involvement from the government and international community in addressing the issues faced by refugees in Indonesia. Gading stated that the following are things we can learn:

1. Social media can be a powerful tool or weapon in generating hate and fostering a culture that encourages action. Therefore, education and explanations through digital platforms are needed to provide the true situation and promote the values of humanity, life-saving, and solidarity.

2. Human rights are for everyone, including refugees.

3. Considering how Rohingya refugees can have a platform to speak for themselves.

4. Addressing the barriers that hinder the community from thriving.

5. Humanitarian response and advocacy by local and international organizations should work together as they are interconnected.

6. Upholding good practices that have been established in the field.

7. Setting good examples of responsibility sharing to duty bearers, including the Indonesian government.

The second speaker is Azharul Husna from Kontras Aceh. Husna stated that Indonesians still lack understanding about Rohingya refugees, such as why the Rohingya experience genocide in Myanmar, and why they are considered stateless. Indonesians also lack awareness about the violence in Bangladesh and the disasters that occur in Rohingya refugees’ camps, as well as why seeking refuge is a long journey for them to survive. Rohingya refugees have been coming to different parts of Aceh since 2009, and according to Husna, as of December 2023, Aceh has received Rohingya refugees 39 times. Initially, Rohingya refugees would arrive in Aceh every two years, every year, or twice a year. In 2021, the number of Rohingya refugees increased significantly after the military Junta took power. Within one year, there could be 4 to 9 arrivals of refugees. According to data from various sources, including UNHCR, the number of Rohingya refugees in Aceh is 1726 people, with 50% of them being children. Husna mentioned that Indonesia has already enacted Presidential Regulations and ratified several conventions related to assisting refugees. Therefore, assisting the refugees is an obligation of the Indonesian government. 

Tensions regarding the handling of Rohingya refugees have been occurring since 2015, although initially starting with minor conflicts. This is due to several reasons:

1. Misinformation and insufficient information: There is a lot of false information circulating on social media, claiming that Rohingya refugees are evil and were expelled from their own country. Even students and religious leaders have been used as tools to spread negative narratives about Rohingya refugees.

2. Fear-mongering: Many people spread alarming rumors about Rohingya refugees, creating a climate of fear and mistrust.

3. Inappropriate language used in media statements: Various parties, including the police, have made statements in the media using inappropriate language. For example, the police stated that Rohingya refugees were "allowed to escape" to Aceh. The word "escape" is typically used for criminals who successfully flee.

4. Media linking Rohingya refugees to human trafficking: The media has connected Rohingya refugees with human traffickers, leading to public opinion that portrays Rohingya refugees as smugglers.

5. Inaccurate statements about Rohingya refugees often become headlines in the news, further fueling negative perceptions. These factors contribute to the negative portrayal of Rohingya refugees and create a hostile environment towards them. 

Husna's recommendations for addressing Rohingya refugees in Aceh are as follows:

1. Strengthen the presence of the refugee task force in Aceh: Enhancing the capacity and resources of the task force dedicated to addressing the needs of Rohingya refugees in Aceh.

2. Organizations involved in assisting refugees should conduct campaigns and education programs about refugees for the general public: Increasing awareness and understanding among the public about the situation and needs of Rohingya refugees.

3. Comprehensive national and international action plans: Develop comprehensive plans at both national and international levels to address the challenges faced by Rohingya refugees, including aspects of protection, assistance, and long-term solutions.

4. ASEAN countries sharing roles, responsibilities, and security: Encouraging ASEAN member states to work together in sharing responsibilities and roles, and ensuring the collective security of Rohingya refugees. Implementing these recommendations can contribute to better addressing the needs and challenges faced by Rohingya refugees in Aceh and promoting a more inclusive and compassionate approach to their situation.

Faisal Rahman, a Protection Associate at UNHCR Indonesia, showed a lot of photographic documentation from various Rohingya refugee camps/shelter locations. Faisal showcased many photos depicting the inadequate conditions of numerous Rohingya refugee shelters/tents.

1. Sabang Site: 137 refugees. The refugees live in tents.

2. Banda Aceh: 134 refugees. The refugees live in the basement of a building. This camp in Banda Aceh was raided by students last December.

3. Kulam Site: 227 refugees. It is the most inadequate place to live. It is located by the seaside, and the tents still lack walls. 

4. Mina Raya, Pidie: 447 refugees. The refugees live in a walled building, and there are already fairly adequate facilities, although the assistance from the government could be further improved.

5. Bireuen: 36 refugees. The facilities are more adequate compared to other places. There are walls that can protect the refugees from wind, rain, and excessive sunlight. There are also sufficient toilets, a kitchen where they can cook for themselves, and a designated area where they can engage in physical activities freely.

6. Lhokseumawe: 470 refugees. The refugees live in a walled building, but the conditions of the shelter are still inadequate. There is a medical team provided by IOM (International Organization for Migration).

7. Aceh Timur: 50 male refugees.

8. Deli Serdang: 157 refugees.

Every time Faisal is present at the refugees' landing location, the frequently asked question is, "Where will they be relocated?" This indicates that people often forget that the authority in such matters lies with the government. UNHCR does not have the authority to decide where the refugees will be relocated. According to Faisal, the situation in Aceh has improved after engaging in communication with the surrounding communities. The negative sentiments and rejection have diminished. Faisal believes that the slow response from the government has contributed to the tensions between the local community and the refugees placed in locations like sports centers that are still being used by the locals. The situation worsens on the ground when government officials shift the responsibility of helping the refugees onto the local community. UNHCR has previously had discussions with local authorities regarding the influx of refugees arriving in Aceh. Therefore, UNHCR requested cooperation from the local government to provide shelters and ensure a smooth process. However, it appears that UNHCR's efforts were not well received by the local government.

The last speaker is Rafendi Djamin from the Human Rights Resource Centre ASEAN. Rafendi begins his presentation with a "call for urgent" action. He explains that 1 out of 8 refugees dies during the sea journey while seeking asylum. Last year, 569 people out of a total of approximately 4,500 refugees were reported missing in Southeast Asian waters, and since 2014, the number of deaths or disappearances has been increasing. Rafendi highlights several key points explaining why Indonesia has the obligation to help Rohingya refugees:

1. From a human rights perspective, forcibly displaced Rohingya people are protected under international human rights law and have the right to receive international protection. This is based on international humanitarian law and international human rights law, as regulated by the 1951 Refugee Convention and several international human rights conventions. Due to the principle of "ius cogens" under international law, all countries are obliged to protect and must not refoul (return) refugees seeking asylum, as stipulated by the principle of non-refoulement.

2. Indonesia cannot evade its responsibility to protect Rohingya refugees, even though Indonesia did not sign the 1951 Refugee Convention. The Indonesian government must respect and adhere to all regulations established within international human rights conventions. The term "Indonesian government" here refers to the central government, provincial governments, and district governments, as all levels of government share the same human rights obligations.

3. Indeed, with the existence of non-binding global commitments such as the Global Compact on Refugees (GCR), Global Compact on Migration (GCM), and UN Sustainable Development Goals (SDGs), the Indonesian government has become part of those global commitments.

4. In the ASEAN Human Rights Declaration adopted in 2012, Article 13 states: "No person shall be held in servitude or slavery in any of its forms, or be subject to human smuggling or trafficking in persons, including for the purpose of trafficking in human organs." Rafendi emphasizes that besides being bound by global commitments, Indonesia is also bound by the commitments made within the ASEAN framework. This means that Indonesia, as an ASEAN member state, has an obligation to uphold and protect the rights outlined in the ASEAN Human Rights Declaration. 

5. Indonesia has expressed its global commitments in the Global Refugee Forum 2019, which involves responsibility sharing for the refugee crisis and ensuring protection for refugees. Additionally, Indonesia has made global commitments through the SDGs 2030, which are based on the principle of "no one left behind", that said vulnerable groups in Indonesia, including refugees, should be part of the SDGs' development written in Goal 16 about Peace, justice and strong institutions: “Refugees and displaced persons are in need of protection and access to basic human rights. The root causes of displacement are human rights violations, risk of persecution, conflict, poor governance and loss of livelihoods”. 

At the end of his presentation, Rafendi explained several solutions that can be pursued for handling Rohingya refugees in Indonesia: 1) Voluntary repatriation; 2) Resettlement in a third country; 3) Giving logistical support from the central government to the local government; 4) Addressing the root cause of people smuggling/human trafficking; 5) Indonesia should take a leading role in engaging in discussions with the junta government to find durable solutions for Rohingya refugees; 6) Indonesia should remain committed to its global commitments and adhere to international obligations by implementing empowerment programs that can expedite the settlement of Rohingya refugees in third countries.

During the Q&A session, Maslina Hassan agreed with Faisal's statement that refugee management should be handled by the government rather than the general public. It is mentioned that a similar situation occurs in Malaysia, where the Malaysian government has delegated the responsibility of assisting and protecting Rohingya refugees to the local people. If the government cooperates well with UNHCR, then surely the problem of refugees can be handled better. Maslina also agreed with the recommendations given by Rafendi. There have been reports of many refugees fleeing to Malaysia. Therefore, serious action needs to be taken against trafficking networks in Southeast Asia. Currently, the situation in Malaysia is very concerning in terms of hate speech and xenophobia. This not only involves Rohingya refugees but also includes migrant groups from Bangladesh, Indonesia, Myanmar, and others. A strategy needs to be developed to combat hate speech because what happens in Malaysia is often imitated by people in Indonesia, and vice versa.

Hafsar from APRRN provided a comment at the end of the event. Hafsar mentioned that from what happened we could see that there was a mobilization of media spreading negative narratives and how politicians seek majority votes. Often, countries treat Rohingya refugees differently. Many people forget that Rohingya refugees left their homes because they had no other choice. Hafsar hoped that through this webinar, participants could deepen their knowledge and analysis of the situation regarding Rohingya refugees.

Fajar concluded the forum by mentioning that the next forum would be about the situation of Rohingya refugees in Bangladesh.