International Law Protection For Refugees In Indonesia

Abstract

Througout the world and over the centuries, societies have welcomed frightened, the victims of persecution and violence. On 28 July 1951, the United Nations Convention relating to the Status of Refugees was enacted. The convention was a landmark of the standards treatment of refugees. The inspiration of the Convention was a strong global commitment to ensuring that the trauma caused by the persecution and destruction of the war era would not be repeated. The cycles of human rights violation is again appeared in many parts of the world are stimulating the worst displacement and traumatic situation. Then for the expansion of the scope in the Convention related to the problem of displacement spread around the world, the 1967 Protocol was enacted. take a look from the tragic tragedy of the Rohingyan people. Rohingyan moslem looked for help in some countries in Southeast Asia including Thailand and Malaysia by using boats without motor and without food. They were afraid of persecution done by Myanmar regime which forced them to follow Buddhism, they are not allowed to perform the practice of Islamic law and tradition. The military troops always forced them or even gunned them down. What about in Indonesia? Indonesia is geographicaly included in the strategic area for the sailing way which is connecting Asia, Australia or even America and also two oceans, Hindia and Pacific. It makes Indonesia to become one of the destination of refugees from Indo-China land to transit before they continue to Australia. In Indonesia we may see in the case of refugees from Vietnam. Came because of the fatal persecution and intimidation from their country since the Capital City Saigon conquered by North Vietnam. They left their country to some of ASEAN members (Thailand, Singapore, Malaysia Philipine, Indonesia) and Hongkong in more than 500.000 people by boat. Now the question will be what kind of protection for refugees given by Indonesia? What is the obstacle of Indonesia in facing refugees? Does the protection for refugees in Indonesia appropriate with the International Law? The national legislation in Indonesia should be more strict by ratifyingthe 1951 Convention and 1967 Convention because without ratification Indonesia is not bound into obligation to fulfill the rights of refugees and Indonesia faces the obstacles in determining the status of refugee without ratification, the process only depends on UNHCR means it will take long time while the refugee and asylum seeker wait in the detention center which is the condition is like a prison and not appropriate because they are treated like a prisoner by the officer of Indonesia. No determination system makes the officer consider them as illegal immigrant which leads Indonesia into inappropriateness in protecting refugees.