IOM ROLE IN MANAGING VIETNAM REFUGEES IN INDONESIA UNDER UNHCR (1975-1996)

(1)

UNDERGRADUATE THESIS

IOM ROLE IN MANAGING VIETNAM REFUGEES IN INDONESIA UNDER UNHCR (1975-1996)

Written by :

Bimo Adietama

20130510485

INTERNATIONAL PROGRAM OF INTERNATIONAL RELATIONS (IPIREL)

FACULTY OF POLITICAL AND SOCIAL SCIENCE

UNIVERSITAS MUHAMMADIYAH YOGYAKARTA

(2)

i UNDERGRADUATE THESIS

IOM ROLE IN MANAGING VIETNAM REFUGEES IN INDONESIA UNDER UNHCR (1975-1996)

Prepared and Written as a Part of the Requirement for the Degree Sarjana Ilmu Politik (S.IP) in the Department of International Relations Faculty of Social and

Political Science of Universitas Muhammadiyah Yogyakarta

Advisor: Prof. Tulus Warsito

Name: Bimo Adietama

Student‟s number: 20130510485

International Program of International Relations Department

Faculty of Social and Political Science

Universitas Muhammadiyah Yogyakarta

(3)

ii STATEMENT OF ORGINALITY

This is to certify that to the best of my knowledge, the content of this thesis is my own work. This thesis has not been submitted for any degree or other purposes.

I certify that the intellectual content of this thesis is the product of my own work and that all the assistance received in preparing this thesis and sources have been acknowledged.

Yogyakarta, December 21st 2016

Author,

Bimo Adietama

(4)

iii ENDORSEMENT PAGE

IOM ROLE IN MANAGING VIETNAM REFUGEES IN INDONESIA UNDER UNHCR (1975 – 1996)

Written by: Bimo Adietama

20130510485

This undergraduate thesis has been examined and endorsed by the board of examiners from the Department of International Relations, Faculty of Social and Political

Sciences, Universitas Muhammadiyah Yogyakarta. Day / Date: Thrusday, December 22nd 2016

Time: 11.00 WIB Place: Pengajaran HI UMY

Acknowledged by : Advisor/Chief of Examiner

Prof. Dr. Tulus Warsito, M.Si NIK : 163 008

Examiner I Examiner II

Grace Lestariana W. S.IP, M.Si Drs. Husni Amriyanto Putra, M.Si

(5)

iv ACKNOWLEDGEMENT

First of all, Thanks to Allah SWT who has given His bless to the writer in finishing the undergraduate thesis entitled “IOM role in handling Vietnamese refugees under UNHCR (1975- 1996)”. The writer also wishes to express his deep and sincere gratitude for those who have guided and involved in completing this undergraduate thesis. Sincere gratitude also deliver to Prof. Dr. Tulus Warsito, M.Si as the advisor of this undergraduate thesis, Grace Lestariana W. S.IP, M.Si and Drs. Husni Amriyanto Putra, M.Si as the examiners.

This undergraduate thesis contains the background of Vietnamese boat people migration in Indonesia and the role UNHCR and IOM in handling this problem. it is submitted as requirements for achieving S-1 degree in International Relations major, faculty of social and political science, Universitas Muhammadiyah Yogyakarta Hopefully, this undergraduate thesis can be useful for the readers to expand their knowledge about refugees issues. And also because of the help and suggestion from stakeholders, this undergraduate thesis can be resolved properly. Critics and also suggestions are expected in order to develop this thesis further.

Yogyakarta, December 24th, 2016

(6)

v EXTENDED GRATITUDE

Alhamdulillahi rabbil‟alamin ,Every gratitude and bless dedicated to Allah

SWT because of His will, this undergraduate thesis can be finished as the requirement to achieve the Bachelor degree of International Relations from Universitas Muhammadiyah Yogyakarta. I would like to thanks all of those who have already supported me in finishing this undergraduate thesis. This undergraduate thesis could successfully presented because of the support from :

1. _{First of all I would like to thanks to my parents who always support me} from the beginning of my study in this university.

2. _{Diyanah Afifah R as my proof reader, my consultant, and also the one} who always beside me during the beginning of my undergraduate thesis. 3. _{My beloved friends, Bayu, Novi, L, Elin , who never tired and bored to}

give their support until the final of this undergraduate thesis.

(7)

vi Abstract

As the result of Vietnam Civil war in 1975, many people killed. Most of those who survive from the war tried to flee from the country into other neighboring countries to look for protection and asylum. However, not all of asylum seeker could get what they want. Most of them became refugees and were not accepted by receiving countries due to some reasons. Indonesia as one of neighboring countries of Vietnam also became the destination of Vietnam refugees. Dealing with the problem, UNHCR as the official international organization under United Nations takes a big contribution. However, UNHCR could not play as the only actor. IOM also emerged as another actor that deals with refugees problem in Indonesia although it does not have direct mandate from United Nations in playing its function. Thus, the participation of IOM in dealing with Vietnamese refugees in Indonesia is questioned.

This study will provide an analysis of the reason behind UNHCR need another actor to deal with refugee crisis since IOM also has a big contribution and role toward every refugee issue in Indonesia by using role theory and international cooperation concept.

Keywords:

UNHCR, IOM, Vietnamese refugee, international cooperation, 1979 protocol of refugee, UNHCR convention on refugees

(8)

vii Table of Contents

STATEMENT OF ORGINALITY ... ii

ACKNOWLEDGEMENT ... iv

EXTENDED GRATITUDE... v

Abstract ... vi

Table of Contents ... vii

LIST OF PICTURES ... 9 CHAPTER I ... Error! Bookmark not defined. INTRODUCTION ... Error! Bookmark not defined. A. Background ... Error! Bookmark not defined. B. Research Question ... Error! Bookmark not defined. C. Theoretical Framework ... Error! Bookmark not defined. D. Hypothesis ... Error! Bookmark not defined. E. Scope of Research ... Error! Bookmark not defined. F. Methodology ... Error! Bookmark not defined. G. Purpose of Research ... Error! Bookmark not defined. H. Section Of Research ... Error! Bookmark not defined. CHAPTER II ... Error! Bookmark not defined. UNITED NATIONS HIGH COMMISSIONER FOR REFUGEE (UNHCR) AND INTERNATIONAL ORGANIZATION FOR MIGRATION (IOM) ... Error! Bookmark not defined.

A. United Nations High Commissioner for Refugee (UNHCR) Error! Bookmark not defined.

B. International Organizations for Migration (IOM) ... Error! Bookmark not defined.

C. Cooperation between UNHCR and the IOM ... Error! Bookmark not defined. CHAPTER III ... Error! Bookmark not defined.

(9)

viii THE EMERGENCE OF VIETNAMESE REFUGEES IN INDONESIA ... Error! Bookmark not defined.

A. The Result of Vietnamese War ... Error! Bookmark not defined. B. The Exodus Of Vietnamese Refugees... Error! Bookmark not defined. C. Indonesian Government‟s Response ... Error! Bookmark not defined. CHAPTER IV ... Error! Bookmark not defined. ANALYSIS OF UNHCR REASONS RECOMMENDING IOM IN DEALING WITH VIETNAMESE REFUGEES IN INDONESIA ... Error! Bookmark not defined.

A. The non-signatory of UNHCR 1951 convention and 1967 protocol by

Indonesia ... Error! Bookmark not defined. B. Limitation capacity of UNHCR ... Error! Bookmark not defined. C. Comparison of IOM and UNHCR Role ... Error! Bookmark not defined. CHAPTER V ... Error! Bookmark not defined. CONCLUSION ... Error! Bookmark not defined. REFERENCES ... Error! Bookmark not defined.

(10)

9 LIST OF PICTURES

UNHCR Symbol……….……… 13

(11)

(12)

Abstract

Keywords:

UNHCR, IOM, Vietnamese refugee, international cooperation, 1979 protocol of refugee, UNHCR convention on refugees

(13)

CHAPTER I

INTRODUCTION

A. Background

International Organization for Migration (IOM) is one of intergovernmental organizations that focuses on the field of migration. It works with government, international governments & even non-government actors. It was established in 1951 aiming at promoting humanity and also the management of migration by providing services & advices to governments & migrants, also promoting international cooperation on migrant issues through law of international migration, policy, including debate and guidance, protection of migrant right, and also migrant health.1

In handling refugees problem, there is also UNHCR (United Nation High Commissioner for Refugees), one of the programs of United Nations that also aims at the same objectives as IOM. UNHCR was created a year earlier in 1950, and it has a direct mandate from United Nations to protect and support refugees at

International Organization for Migration, accessed on November 27th 2016, from :

(14)

the request of a government or the UN itself and assists in their voluntary repatriation, local integration or resettlement to a third country.2

However, the fear of single institution becoming too powerful, put in context

with the „communist influence‟, influence the widespread support for the creation of another International Organization, as advocated by the USA and UK. IOM itself was established as a Western counterpoise to the UN organizations and it was initially intended to only exist temporarily. Logically, the IOM was founded outside the UN system and has never been provided with a UN mandate until today. It makes bias between IOM‟s involvement while there has been UNHCR.

One of the cases that handled by both UNHCR and IOM is the case of Vietnamese refugees in Indonesia. Starting from 1975, Vietnam Civil War had already lasted for a long time and in the end, it always caused of misery.3 That war resulted many innocent civilians killed and became the victims. Those who could survive from the war started to leave their countries to look for a safe place to live. However, not all of them could be guaranteed by the receiving countries. Most of them finally became refugees.

UNHCR – History of UNHCR, accessed on October, 26th 2016 from : http://www.unhcr.org/history-of-unhcr.html

Kisah Pilu 250.000 Pengungsi Vietnam di Batam, Zainudin Akbar (2013), accessed on October 24th 2016 from : http://www.kompasiana.com/akbarzainudin/kisah-pilu-250-000-pengungsi-vietnam-di- batam_55294601f17e6177578b45al

(15)

In that time, refugees including asylum seekers were the problem for every nation. The number of refugees arose because their desire to search for a better life in every aspect of life including economic, political, and also security.

As a country with strategic position in the world and is also one of the neighboring countries of Vietnam, Indonesia becomes one of the destinations or transit country for refugees or asylum seekers. Facing this condition, Indonesia can not avoid the attention of the International community in the process of finding the problem resolution.

When Vietnamese refugees started to flee to South-East Asia countries, there was no single country in South-East Asia had ratified the 1951 Refugee Convention and the 1967 Protocol including Indonesia. Also, there was no South-East Asian countries that had applied a domestic legal framework for receiving refugees. (Missbach, 2013)

Meanwhile the resettlement of about 200,000 Vietnamese refugees to the third countries which consist of developed countries like the United States of America, France, and also Australia, between 1975 and March 1979, in fact the countries of South-East Asia also took a part in dealing with the problem by taking care of refugees in various camps. Then, due to the increasing number of Vietnamese refugees spreading, the South-East Asian countries started to apply the

(16)

community‟s principle of burden sharing and assistance in dealing with the spread of the refugee.

After being participated in some meetings conducted among South-East Asian transit states and Western resettlement countries during the first half of 1979, the governments of Indonesia and the Philippines started to contribute in dealing with Vietnamese refugee problem. Action taken by them is providing a place for regional processing centers for refugees who had already been accepted for resettlement in a certain island. Indonesian government chose an island in Riau Archipelago province called Galang Island as the place for the establishment of regional processing center for refugees, also as the temporary home for up to 10,000 refugees at a time (Missbach, 2013).

From the very beginning, the Indonesian government emphasized

“that it would not receive refugees in its territory, but for the sake of humanitarianism it was forced to accept them during transit while they were waiting to move on to a third country, as well as actively providing thoughts and

concrete support to find a solution for this problem.” (Department of Information

of the Republic of Indonesia, 1980, p. 1)

Also the decision taken from the government from Indonesia was influenced by the result from the meeting conducted by ASEAN Foreign Ministers on May 1979, which stipulated that “countries providing the site or island for the processing center shall retain the sovereignty, administrative control and security responsibility over the island” (Department of Foreign

(17)

Affairs of the Republic of Indonesia 1979, p5). It means that the budget needed by Indonesian government in establishing and running the camp in Galang island would be the responsibility of UNHCR, including the providing basic needs like of food, education center, and also health care.

From 1979 – 1996, Indonesia did not have any formal rights in accepting asylum seekers and refugees in its territory. Instead, under the monitoring of United Nations High Commissioner for Refugees (UNHCR) of International Organization for Migration (IOM), Indonesia only „tolerates‟ their presence in the country. Highlighting the differences regarding the management of these two distinctive groups of asylum seekers helps to grasp the full scope of „stuckedness‟ and also helps to understand the varied impacts of obstructed mobility on asylum seekers looking for permanent and effective protection.4

In the early years of joint action (1979-1980), the UNHCR tried to reach an average level of resettlement to third countries of about 25,000 people per month across all South-East Asian camps (UN, 1979). Between July 1979 and July 1982, about 623,800 Indochinese refugees were resettled to a total of 20 resettlement countries. However, the only role conducted by UNHCR did not cover all things needed to solve the problem. While UNHCR prepared for resettlement to third countries, under the Memorandum of Understanding (MoU)

Assets of Commodities? Comparing of Regulations of Placements and Protection of Migrant Workers in Indonesia and the Philippine , Missbach, Antje ( 2013) accessed on October 24th 2016 from :

(18)

between those organizations, it needs IOM in providing logistics. (Missbach, 2013)

Seeing the main role of UNHCR in handling refugees problem, Vietnamese refugees in Indonesia are supposed to be UNHCR responsibility. However, it was questioned when IOM as International Organization that did not have direct mandates from United Nations but it played a bigger role in dealing with the problem.

B. Research Question

From the explanations above regarding the emergence of IOM in Indonesia, then the question emerged is “Why did UNHCR need to recommend IOM to handle Vietnamese refugees in Indonesia?

C. Theoretical Framework

In answering the question the research question of this study, the writer used role theory by Stephen G.Walker and international cooperation concept from R. Axelrod and Keohane R.O.

1. Role theory by Stephen G.Walker

Roles are considered as the social positions which are constructed by

someone‟s ego and alter expectations toward his / her purpose of in a certain organized group (Harnisch S. , 2010). The function of certain position in a group itself has limitation. It depends on the limitation of the time and scope, also the

(19)

structure and purpose of the group. Whereas some roles are constitutive to the group as such, recognized member of the international community, other roles or role sets are functionally specific like balancer, initiator etc.5

Role expectations for the actors who are involved in a certain cooperation, like international organizations or even states, may vary considerably. On the one part, they regularly comprise of ego, like domestic and/or individual expectations as to what the appropriate role is and what it implies, and alter expectations, that is implicit or explicit demands by others (counter or complimentary roles, audience cues). On the other hand, role expectations differ with regard to their scope, specificity, communality and thus their obligation. Hence, roles, and even more so role sets, entail a potential for conflict within a role and between roles. (Harnisch S. , 2010)

Role conceptions refer to the perception of certain actor toward his position (ego part of a role) and the perception of the role expectations of others (alter part of a role) as signaled through language and action. In short, role conceptions are including social identity of an actor and the actions and perceptions of others that already explained by Wendt. Role conceptions are inherently contested because roles and their enactment are closely related to the roles of other actors (counter

and complementary roles). This “structural environment of roles” may put severe

Assets of Commodities? Comparing of Regulations of Placements and Protection of Migrant Workers in Indonesia and the Philippine , Missbach, Antje ( 2013) accessed on October 24th 2016 from :

(20)

limits on the behavior (social choice) and properties (social status) and even the very existence of others.6

Also in his Mohtar Mas‟oed book entitled "International Relations Studies" explains that role is the expected behavior that will be conducted by a person who occupies a position in accordance with the nature of the position. Mohtar Maso'ed also stated that the role is an organization. In general, the role can be said to be partial execution of certain functions by organization and expectations surrounding environment to the existence of the organization. (Mas'oed, 1994)

In relating the role theory to the involvement of IOM in managing Vietnamese refugees, it could be analyzed that the roles of IOM is to be responsible in migrant problem and take part in solving this problem.

2. Concept of International Cooperation

In international relations, according to R.Axelrod and Keohane R.O in their books “On six advances in cooperation theory, in: Analyse & Kritik” &

“Achieving cooperation under anarchy : strategies and institutions, in: World

Politics”, the standard definition is that cooperation occurs when “actors adjust their behavior to the actual or anticipated preferences of others”. Therefore, international cooperation describes interactions to achieve common

Role Theory : Operational of Key Concepts, Harnisch Sebastian (2010), accessed on November 2nd, 2016 from :

http://www.uni-heidelberg.de/md/politik/harnisch/person/publikationen/harnisch_2010_role_theory_conceptualiz ation_of_key_concepts.pdf

(21)

objectives when actors‟ preferences are neither identical (harmony) nor

irreconcilable (conflict). The framework of international cooperation also refers to the structures and processes of policymaking beyond the nation-state and is used synonymously with global governance. (Paulo, 2014)

Relating to the case of Vietnamese refugee in Indonesia, the concept of international cooperation occurs when Indonesia allowed UNHCR and IOM to solve the problem inside its state by working together with them. In this case, international cooperation could be seen as the importance of integrating the broader framework of international cooperation and global collective action into the effort of realizing a broadening agenda of global development.

International cooperation was also done by UNHCR when the aim of UNHCR as international organization to solve the problem of Vietnamese refugee could not be achieved yet, so that, there should be the involvement of

other actor that could help UNHCR in achieving its‟ goal. As a consequence, IOM‟s involvement is conducted as international cooperation between International Organizations.

(22)

D. Hypothesis

Based on the background and theoretical framework explained above, hypothesis that could be put as reasons of UNHCR needs IOM in handling the Vietnamese refugees in Indonesia since IOM could complement the limited capacity of UNHCR.

E. Scope of Research

This research only focused on the roles of United Nations High Commissioner of Refugee (UNHCR) and International Organization for Refugee (IOM) as international organization that handle Vietnamese refugee in Indonesia.

F. Methodology

The method of research that was used by the writer was qualitative method. This method was used to verify the hypothesis by understanding empirical reality. The information sources of this research were taken by collecting relevant secondary data. The writer used collective data from book, e-books, articles, journals, and official websites of certain institutions.

(23)

G. Purpose of Research

The purpose of this research was to identify the role of IOM in helping UNHCR in handling Vietnamese refugees in Indonesia. This research was addressed to the reader who had interests in international cooperation conducted by Indonesia with both UNHCR and IOM towards specific issues, which was Vietnamese boat people refugees.

H. Section Of Research

There are several sections in writing this research:

1. Chapter I : The writer presented problem background and continued by research question, theoretical framework, hypothesis, methodology of research, purpose of research, and section of research.

2. Chapter II : The writer explained about IOM and UNHCR.

3. Chapter III : The writer explained about the emergence of Vietnamese refugee in Indonesia.

4. Chapter IV : The comparison of the roles between IOM and UNHCR in managing Vietnamese Refugee in Indonesia

(24)

CHAPTER II

UNITED NATIONS HIGH COMMISSIONER FOR REFUGEE (UNHCR) AND INTERNATIONAL ORGANIZATION FOR MIGRATION (IOM)

In this chapter, the writer provided the information about the United Nation High Commissioner for refugee background, International Organization for Migrants Background, and the cooperation between those two organizations including the information about both organizations‟ Memorandum of Understanding (MoU) in dealing with Vietnamese refugees in Indonesia. The information also will be related in answering the research question of the study.

A. United Nations High Commissioner for Refugee (UNHCR)

United Nations High Commissioner for Refugee (UNHCR) was the first organization which focused on migrants & refugees. It was established by United Nations on December 14th 1950 as the response toward World War II victims. At that time, UNHCR had 3 years mandate from United Nations to helped European people who had fled and lost their home due to the war happened.1

UNHCR – History of UNHCR, accessed on October, 26th 2016 from :

(25)

Picture 1. UNHCR symbol

Source:

https://pbs.twimg.com/profile_images/2226122424/UNHCR_Logo.jpeg

UNHCR works under its Statute (UN General Assembly resolution 428(V) of 14 December 1950) that was drafted virtually simultaneously with the 1951 Convention Relating to the Status of Refugees, which became the starting point of refugee protection in the next decades. UNHCR Statute talks about:

“The United Nations High Commissioner for Refugees, acting under the authority of the General Assembly, shall assume the function of providing international protection, under the auspices of the United Nations, to refugees who fall within the scope of the present Statute and of seeking permanent solutions for the problem of refugees by assisting governments and, subject to the approval of the governments concerned, private organizations to facilitate

(26)

the voluntary repatriation of such refugees, or their assimilation within new national communities.”2

The main purpose of this organization is to protect the refugees‟ right and welfare. UNHCR granted all of refugee can use their right in aim to gain the asylum. Which means UNHCR tries to get the final solution for their condition before sent to the receiving countries or sent back to their nation. This statement reflecting the United Nation charter which is maintain peace and international security, develop the relation between friendship between countries, encourage respect for the rights of human rights and freedom . (Handbook for emergencies, 2007)

In some parts of the world for example such as Africa and Latin America, UNHCR's original mandate set in 1951 has been reinforced by the agreement on regional legal instruments. In proving its consistency toward refugee problem, UNHCR had already won the Nobel awards for their big contribution in helping European refugees which make their mandates extended to the end of decades. Not only that, UNHCR also received an award in 1981 for their contribution in global helping for refugee with a big political barrier as their challenge.3

UNHCR – History of UNHCR, accessed on October, 26th 2016 from :

http://www.unhcr.or.id/id/about-unhcr/history-unhcr

UNHCR – History of UNHCR, accessed on October, 26th 2016 from :

(27)

In handling the problem of refugee, UNHCR also had ever faced its biggest emergency condition in 1956, when the number of refugees extremely increased due to Hungarian Revolution. Seeing the efforts taken by UNHCR to deal with refugee problem, many previous theories that stated the un-necessity of UNHCR was no longer prevailed. 4

In the 1960s, the decolonization of Africa that caused huge number of refugee crisis in the continent was also made UNHCR to take a role. Over the next two decades, UNHCR help address the movement of people in Asia and Latin America continued to the end of 20th century, there was new refugee problem in Africa which made their recurrent cycles and brought new wave of refugees in Europe. The problem was followed by a series of wars in the Balkans.5

In the earlier 21st century, UNHCR focused on the African migrant crisis as the effect of conflict in Congo Democrat Republic, Somalia, and Afghanistan which had been happening during 30 years. At the same time, UNHCR was asked to use their ability to solve internal problem of refugee

UNHCR – History of UNHCR, accessed on October, 26th 2016 from :

http://www.unhcr.or.id/id/about-unhcr/history-unhcr 5_ibid

(28)

which caused by conflict. The role of UNHCR in that time could be seen from its effort in expanding the help of people without nationality.6

Nowadays, UNHCR becomes the one of the world‟s principal humanitarian agencies, with 8,000 staff members working in 449 locations in 123 countries including in Indonesia. In the last six decades, the agency has provided assistance to well over 50 million people in the world focusing on refugee problem, internal migrants, and the stateless people.

In involving to a case, UNHCR‟s programs must be approved by an Executive Committee, currently of 94 member states, that meets annually in Geneva. A working group, or Standing Committee, meets several times a year. While High Commissioner of UNHCR has to report to the Economic and Social Council on coordination aspects of the work of the agency, and submits written report annually to the UN General Assembly on the overall work of UNHCR.

UNHCR has a convention and protocol relating to the status of refugee in doing its obligation toward the refugee. There are 142 states that become the signatories of both convention and protocol. The Convention obliged states not to expel or forcibly return (refoulement) an asylum-seeker to a territory where he or she faced persecution.

(29)

As one of the cases handled by UNHCR, Vietnamese refugees in Indonesia also had been concerned to be solved. Since its emergence in South-East Asian countries, UNHCR directly tried to solve the problem.

B. International Organizations for Migration (IOM)

International Organization for Migration (IOM) or Provisional Intergovernmental Committee for the movements of migrants from Europe (PICMME) was emerged in 1951 after the Second World War. At the first time, IOM establishment was aimed to help European government in resettling the countries for 11 million people as the victims of wars during 1950. Before named as IOM, there were several succession names changed from PICMME to the Intergovernmental Committee for European Migration (ICEM) in 1952, to the Intergovernmental Committee for Migration (ICM) in 1980 to finally became International Organization for Migration (IOM) in 1989. It was also reflecting the organization's transition over half a century from logistics agency to migration agency.7

(30)

In its establishment, International Organization for Migration (IOM) was considered as a Western counterpoise to the UN organizations and it was initially intended to only exist temporarily. Logically, IOM was founded outside the UN system and has never been provided with a UN mandate until today. As a result the situation about IOs dealing with migration has been fragmented until today. (Geiger & Antoine, 2013)

Picture 2. IOM Symbol

Source: https://weblog.iom.int/sites/all/themes/weblog/logo.png

The main goal of IOM is to focus on facilitating the orderly management of international migration issues. IOM has the principle explains that humane and orderly migration benefits migrants and society. In doing its role as the intergovernmental organization (IGO) that focuses on migrant

(31)

problem, IOM would cooperate with its partners in the international community to assist in meeting the operational challenges of migration, advance understanding of migration issues, encourage social and economic development through migration and uphold the human dignity and well-being of migrants.8 IOM itself could be considered as the leading inter-governmental organization that focuses on the field of migration by working and cooperating with governmental, intergovernmental and non-governmental partners.9

The proof of the principle had by IOM had already gained international acceptance. The principle of humane and orderly migration benefits migrants and society has steadily could be seen from the history of the organization that participate in dealing with the impact caused by after world war II and natural disasters of the past half century in several countries like in Hungary 1956, Czechoslovakia 1968, Chile 1973, the Vietnamese Boat People 1975, Kuwait 1990, Kosovo and Timor 1999, and the Asian tsunami and Pakistan earthquake of 2004/2005.10

At the first time of IOM establishment, it was just considered as an operational logistics agency but todays it has developed into the leading international agency that focuses on the understanding of migration issues,

International Organization for Migration, accessed on October 26th 2016 from :

http://www.unbrussels.org/international-organization-for-migration-iom/

IOM history accessed on October 26th, 2016 from : http://www.iom.int/iom-history 10

(32)

also encourage the social and economic development through migration, and uphold the human dignity and well-being of migrants by working with government and civil society.11

Together with its development, IOM also had broadened its scope of activities despite on giving logistics. It could be seen from its rapid expansion from a relatively small agency into one with an annual operating budget of an estimated $1.4 billion and some 9,000 staff working in over 150 countries worldwide.

IOM also has a huge number of its member states which is 165 and also 17 states as its observer. As "The Migration Agency" IOM has become the point of reference in the heated global debate on the social, economic and political implications of migration in the 21st century. 12

With those numbers of member states and observer, IOM under its offices in over 100 countries, has dedicated itself to focus on the promotion of humanity, also the management of orderly migration for the benefit of all. The action that is needed to achieve its objective is by providing services and advice to both governments and migrants. The IOM Constitution recognizes the link between migration and economic, social and cultural development.

ibid 12

International Organization for Migration, accessed on October 26th, 2016 from :

https://www.revolvy.com/main/index.php?s=International%20Organisation%20for%20Migration&ite m_type=topic

(33)

To achieve its objectives, IOM also tries to promote international cooperation among international actors focusing on the migration issues, to assist in the search for practical solutions to migration problems and to provide humanitarian assistance to migrants in need, including refugees and internally displaced people.13

In doing its job, IOM works in the four broad areas of migration management ; Migration and Development, Facilitating migration (including migrant integration), also Regulating migration and Forced Migration.14

IOM activities that cut across these areas include international migration law, policy and guidance, migration health and the gender dimension of migration.

C. Cooperation between UNHCR and the IOM

When it was established, UNHCR was considered as a weak and nonoperational agency with a limited mandate. Executive services were not included in the functions of UNHCR and also the capacity to conduct operational activities was not had by the office. Furthermore, UNHCR only could rely on the limited “administrative annual budget granted by the UN General Assembly and on a small „emergency fund‟ to which the United States made no contributions at all until 1955” (Elie, 2010). It means that, in

About IOM, accessed on October 26th, 2016 from : www.iom.int/about-iom

(34)

dealing with refugees problem, UNHCR did not have the capacity to provide the material assistance. Furthermore, the high commissioner of UNHCR did not have any authority to “appeal to Governments for funds or make a general appeal, without the prior approval of the General Assembly.”15

UNHCR has the responsibility to look for the resolutions “by assisting Governments and, subject to the approval of the Governments concerned, private organizations.” Thus, also referring to paragraph 8 of the statute, Louise W. Holborn observed that:

This phraseology reflects the fact that the drafters of the Statute agreed that the UNHCR should . . . achieve its aims by enlisting others to carry out the actual operations. The drafters assumed that the High Commissioner would have neither the staff nor the funds to undertake such activities himself. . . .

Even in regard to international protection, the predominant role of the High Commissioner was seen as being to stimulate and encourage action by governments to achieve more favorable treatment of refugees rather than to perform direct services for individual refugees or groups of refugees. (Holborn, 1975)

It means that the high commissioner of UNHCR only could perform an “essentially indirect” and “complementary” role “by means of prodding states, in particular those hosting refugees on their soil, to appropriate protective action.” The high commissioner‟s functions “would be confined to coordination and liaison,” consisting in essence “of higher direction, liaison, control and supervision” (Elie, 2010). Cooperation in the case of refugees problem could not only be conducted with its partnerships like the states, but

15_{UN General Assembly, “Statute of the Office of the United Nations High}

Commissioner for

(35)

also with other institutions. However, the cooperation that would be conducted by UNHCR should be based on the procedures conducted by the offices as envisaged by its founders. It was explained clearly in a 1999 UNHCR document, partnerships are:

at the foundation of the way international protection is envisaged in the 1951 Convention and the 1967 Protocol, and in UNHCR’s Mandate. Key provisions of both acknowledge that the effective performance of UNHCR’s functions depends on its cooperation with States, intergovernmental organizations, private organizations and other entities. (Elie, 2010)

Since the extension of its mandate, UNHCR also developed and broadened its scope. It became more operational, seen by the sider network had by the office also the wider field offices. However, the cooperation that would be conducted by UNHCR with international, intergovernmental, and nongovernmental organizations still should be based on the office‟s approval on refugees cases. Some of the official partners that had already approved by the office of UNHCR were International Committee of the Red Cross (ICRC) and later the IOM. (Elie, 2010)

Memorandum of Understanding (MoU) between UNHCR and IOM

In conducting cooperation to handle certain refugee problem, UNHCR and IOM had already made a Memorandum of Understanding (MoU). The Memorandum of Understanding (MOU) between both organizations was made to provide certain rule about systematic, predictable, cooperative action between the two organizations. (UNHCR, Memorandum of Understanding

(36)

between the UNHCR and IOM, 1997) The rule will manage certain recognized expertise of each organization and to establish operational modalities of cooperation.

In the MoU between both organizations written :

“IOM and UNHCR agree that their joint and separate actions on behalf of persons of concern to both organizations shall be based upon principles contained in the mandates of both organizations; in UNHCR’s case, from the Office’s Statute, international instruments governing the rights of refugees and relevant General Assembly resolutions, and in IOM’s case, the mandate given to it by its Member States in its Constitution as amended in 1989.” (Memorandum of Understanding between the UNHCR & IOM, 1997)

UNHCR would acts based on the decisions and conclusions made by the Executive Committee of the High Commissioner‟s Program and IOM, likewise, with those of its Council. Underlying this MOU is the recognition and acknowledgement of the mentioned mandates and responsibilities. Dealing with the case of migratory flows also include the spreading of refugees and displaced persons, the actions of the two organizations, while determined by their respective mandates, will thus be planned and carried out in a context of complementarity. (Memorandum of Understanding between the UNHCR & IOM, 1997)

The MOU between UNHCR and IOM will cover activities in favor of the following factors. The first factor is refugees, followed by migrants, asylum-seekers and rejected asylum-seekers as the second and third factors.

(37)

Returnees, internally displaced persons are positioned as the forth and fifth factors while local populations in the country of origin, especially those in conflict or post-conflict situations or affected by the presence of internally is displaced persons or returnees; or in the country of asylum, affected by the presence of refugees is the last factor.

Also, this MOU regulates organizational mandates and responsibilities in relation to various groups which differentiate between the refugees, migrants, asylum seeker and rejected asylum seeker, returnees, internally displaced person, and also affected local populations. It also regulates types of cooperate activities between both organizations. (Memorandum of Understanding between the UNHCR & IOM, 1997)

At the first time dealing with the Vietnamese refugees in 1979, none of ASEAN countries had already signed the 1951 UN Refugee Convention or the 1967 Protocol of UNHCR regarding refugees which made they did not have any responsibility to accept the refugees. None of the countries receiving Vietnamese boat people gave them permission to stay permanently and some would not even permit temporary refuge. (The State of The World Refugees 2000s - Chapter 4)

On July 1979, United Nations conducted International Conference on Indochinese refugee by inviting 65 governments in Geneva to discuss about

(38)

refugee crisis in Southeast Asia region. As a result of the conference, the immediate crisis was averted. There was a three-way agreement resulted from the conference between the countries of origin, the countries of first asylum and the countries of resettlement. In this context, ASEAN countries willing to be the temporary destination of the refugee as long as Vietnam also willing to prevent illegal exits and to promote orderly departures, and as long as third countries accelerated the rate of resettlement.

While Indonesia and the Philippines agreed to establish regional processing centers to help resettle refugees more quickly and, with notable exceptions, pushbacks were halted (UNHCR, 2000). It was the beginning of Indonesia‟s “tolerance” in being second country for Vietnamese refugee and cooperating with UNHCR and IOM that had already their own MoU.

(39)

CHAPTER III

THE EMERGENCE OF VIETNAMESE REFUGEES IN INDONESIA

In this chapter the writer will provide about the information about short history of Vietnam wars that became the trigger of Vietnamese exodus. It will be followed by the information about the first emergence of Vietnamese refugee in Indonesia and how Indonesian government responds the case.

A. The Result of Vietnamese War

The emergence of Vietnamese refugee was the result of Indochina Crisis,

Vietnam War or mostly known as Indochina‟s second war is the war which emerged

from 1954 until 1975 in Vietnam. Indochina war started with the establishment of a communist state in the north (the Democratic Republic of Viet Nam also known as North Viet Nam) and a separate state in the south (the Republic of Viet Nam also known as South Viet Nam). With the founding of a communist government in the north, more than a million people moved south during 1954-1956. (UNHCR, 2000)

In the time during 1950 until 1960, United States started the war against communism. After independence from French colony, Vietnam was spread into two parties which are Communist North Vietnam (Vietcong) allies with Soviet Union and China and Non-communist South Vietnam allies with United States, South Korea,

(40)

Thailand, Australia and majority of Vietnam people. (Use with United States: Civil War to Today)

Colonialism in Vietnam spread when Ho chi minh help the establishment of Indochinese communist party in 1930, which aimed to overthrow French imperialism, Vietnamese feudalism and reactionary bourgeoisie and also to make Indochina completely independent. It became a point of conflict when France establish the Independent Vietnam or Democratic Republic of Vietnam lead by Bao Dai and its rejected by the communist parties supported by China which recognize the Republic of Vietnam lead by ho chi minh. (Walbert, 2010)

As their background from communist, Vietcong tried to overthrow Vietnam government in the early 1960s, there was renewed conflict in South Viet Nam. Anti-communist forces, supported by th United States, in that time as a response of United States fight against communist. There is around 2 million civilians on both sides and some 1.1 million North Vietnamese and Viet Cong fighters were died in this war1. The U.S. military has estimated that between 200,000 and 250,000 South Vietnamese soldiers died in the war. United States sent over 500,000 troops to stop the spread of communism by Vietcong. In the next five years, united states increase the number of weaponries and military to end the Vietcong emergence. Vietcong move in small group, spreading around jungle and controlled most of South Vietnam.

Vietnam War |1954 – 1975, accessed on : November 2nd 2016 from :

(41)

In 1973, Ceasefire treaty was signed in Paris by conflicting parties followed by the United States troops‟ withdrawal. But, the treaties not bring this war into the end, it just the beginning of the Vietnam republic to start against the Democratic republic of Vietnam. This internal conflict was ended by the conquest of South Vietnam by Democratic Republic of Vietnam which involve the emergence of Vietnam Socialist Republic. 2

After the fall of Saigon in 1975, many rumor spread in Vietnam including slaughter issues which strengthened by statement of north Vietnam armies was entered South Vietnam area. This condition create a panic situation while, In that time also the rumor of president will leave Vietnam increase the fright of Vietnam people and make them think Saigon will conquest by the communist.

In this flare up condition, United States decided to evacuate all of their citizen and some South Vietnam people which cooperate with them to United States. In this situation the decision to leave Vietnam became more intensified because of the rumors that everyone who had worked with the American will get severe punishment when the communists controlled Saigon (Robinson, 1998).

After the resignation of Nguyen Van Tieu (President of South Vietnam from 1965-1975) United states start the big evacuation program including Vietnam people, this evacuation is the first start of Vietnam refugee. In the next week before the fall of

Cease-fire goes into affect – January 28th 1973 accessed on December 1st 2016 from :

(42)

Saigon, 7.500 people flight from Tan Son Nhut airport to Philippines and Guam.

United states started the “frequent wind operation” with dozens number of helicopter

to picked up the refugee in several determined point, until the fall of Saigon United states evacuated more than 65.000 Vietnam people. (Grant, 1979) Vietnam also used their aircraft to evacuate the people, they pay for more than $10.000 for evacuated to United States military base in Thailand, meanwhile the rest of them tries to leave Vietnam by military ship, raft, fishing boat, and even using a float. (Robinson, 1998)

B. The Exodus Of Vietnamese Refugees

Vietnamese boat people is a group of people who is spreading around the open sea by boat to reach the other land by boat in mission to gain secure place to live after Vietnam War. This group of people sailed without any direction or even enough supply during their journey. Most of them sail by using fishing boat, while the others use small boat with overcapacity passengers. Vietnamese boat people destination is the Southeast Asian countries of Malaysia, Indonesia, Thailand, Philippines, and Singapore plus the British colony of Hong Kong.

Many people was killed in this huge number of migration caused of typhoon, starvation, and also piracy. Most of them sailed in small crowded boats which made them weak and potentially attacked by pirates in the sea. The main reason of Vietnam people flee from their countries is because of the unstable condition after war and also the fear of Vietnam people under the role of communist. The restructure

(43)

government system, re-education camp, economic and political pressure make the situation became worst and forcing them to leave their homeland.

Facing this humanitarian crisis, several countries in Southeast Asia with some Developed Countries cooperated and tries to gain best solution in solve this problem by create the temporary processing site before resettle them to receiving countries, which also make this reason as a main factor of Vietnam people to flee to another land aimed to gain security and also safe place to life.

The huge number of boat people leaving Vietnam and arriving safely in another country totaled almost 800,000 during 1975 until 1995 which make this as big problem for several countries in Southeast Asia including Indonesia. The huge wave of boat people from Vietnam in 1978 and 1979 caused an international humanitarian crisis with the Southeast Asian countries increasingly unwilling to accept ever more boat people on their shores. (UNHCR, 2000) The vessel Southern Cross landed on 1,200 Vietnamese on desolate island in Indonesia. At the first, Indonesian government feel burdened with this people being landed on its territory, but it was easier when western countries granted to resettle the refugees.

In the beginning of this mass refugee wave, some countries authority also rejected them by pushed them off and refuse to let them enter the land. There was not a country in the Southeast Asia region that had already became the signatory of the 1951 UN Refugee Convention or the 1967 Protocol which made none of the countries

(44)

in the region willing to receive Vietnamese refugees and gave them permission to stay permanently. Even there were some would not give permission to the Vietnamese refugee to stay in their country as temporary refugees.

Singapore as one of the country in Southeast Asia had already refused the coming of the refugees who did not have guarantees of resettlement within 90 days. Also, other countries like Malaysia and Thailand preferred to push the refugees boats away from their territories. When Vietnamese boat arrivals escalated dramatically in

1979, with more than 54,000 arrivals in June alone, boat „pushbacks‟ became routine

and thousands of Vietnamese may have perished at sea as a result.

On June 1979, five members of the Association of Southeast Asian Nations (ASEAN) which were Indonesia, Malaysia, the Philippines, Singapore, and Thailand

issued a warning that they had „reached the limit of their endurance and had decided

that they would not accept any new arrivals‟.3

From negotiations and international conference in 1979, Vietnam limit the number of people leaving their country while southeast Asian countries agree to accept them temporarily, and the developed countries agreed to accept the boat people then resettle them in their countries. (UNHCR, 2000)

The conference in 1979 resulted to immediately prevent the crisis before it became worst. There is written on the three way agreement between the countries of

3_{„Joint Communiqué Issued at the Twelfth ASEAN Ministerial Meeting, Bal}

i, Indonesia, 28–30 June

1979‟, in Thai Ministry of Foreign Affairs, Documents on the Kampuchean Problem: 1979–1985, Bangkok, 1985, p. 78.

(45)

the refugee origin , the countries of first asylum and resettlement countries, and also the ASEAN countries promised to uphold commitments to provide temporary asylum meanwhile Viet Nam tried to prevent illegal exits and to promote orderly departures, and as long as third countries recover and stabilize the rate of their citizen resettlement. The establishment of Regional Processing Centre was agreed by Indonesia and Philippines. With the intention of help the process of refugee resettlement run efficiently, and with exceptions, pushbacks were terminated. UNHCR is operating in Indonesia with the agreement of the Government of the Republic of Indonesia. The Indonesian Immigration Directorate General issued a Directive in 2010 (No: IMI-1489.UM.08.05) which states that persons seeking

asylum or refugee status are to be referred to UNHCR for RSD and that “the status

and presence of aliens holding Attestation Letters or identification cards issued by UNHCR as asylum seekers, refugees or persons of concern to UNHCR, must be

respected”. Persons without those documents will be subject to detention, fines,

and/or deportation.4

International resettlement, which had been taking place at the rate of around 9,000 per month in the first half of 1979, increased to around 25,000 per month in the latter half of the year. Between July 1979 and July 1982, more than 20 countries led by the United States, Australia, France, and Canada together resettled 623,800 Indochinese refugees (Robinson, 1998).

Legal Framework and Role of UNHCR to RSD | Suaka, accessed on December 1st 2016 from :

(46)

C. Indonesian Government’s Response

Protection against refugees basically is the responsibility for every country. The provision problems of refugee in refugee or of asylum seekers had become international issues. Since long time, many countries receive and provide protection for citizens who were victims of oppression or violence in the country of their origin place. (Wagiman, 2012) In dealing with the problem, UNHCR is the organization that has a big role to cooperate with states that will help refugees. However, Indonesia is not the signatory of protocol 1951 about refugees management. It was due to incapability of Indonesia to provide jobs for refugees who are accepted in Indonesia. Indonesia prefer to use its constitution to regulate about foreigner and immigration. (Sultoni, Widagdo, & Suryokumoro, 2013)

After the 1979 convention, the granted of resettlement countries make some countries in Southeast Asia started daring to allow the admission of refugees in its territories , but the number of arrived refugees and the refugees who sent to the third countries unbalanced and has resulted buildup of refugee. Regarding to this issues, in February 1979 ASEAN foreign minister held a conference in Bangkok. In this conference, Indonesia and Philippines offering for create temporary shelter in their area which aimed to help UNHCR easier to collect data before sent the refugees to the third countries (Weatherbee, 2009).

Galang Island was chosen by Indonesia as a temporary processing center because this island fulfilled all of refugee camp criteria. The camp had an area about

(47)

16 square kilometers, which was approximately 20% of the island. Galang island itself was located in Riau Archipelago province. In the running of Galang camp, there were enough infrastructures needed by refugees. It was equipped by a camp administration office, PMI (Indonesian Red Cross) Hospital, schools services, Catholic churches, Buddhist temple, cemetery, and a Youth Center (set up and run by the refugees themselves). In plotting the refugees, the Camp itself was divided into three sites to accommodate about 250,000 boat people from Cambodia, Laos and Vietnam from 1975 to 1996.5

The management and infrastructure in this island were conducted by Indonesian government with UNHCR cooperation. UNHCR and donor countries bear the management cost, meanwhile Indonesian government focus on technical sector for the refugees. The decision of Indonesia to contribute in solving the problem of Vietnam refugees also to reduce a negative view from the international community related of humanitarian crisis which faced by Indonesia at that time.

Review the position of Indonesia as a country that did not ratify the Convention on refugee status of 1951 and the 1967 protocol on refugees, it can be seen the role of Indonesia in handling the case this only as the receiving country for refugees and not concern about the refugees themselves. So in Vietnam refugee case, the cooperating role between UNHCR and IOM greatly assisting Indonesia position

Refugee Camps, accessed on November 29th 2016 from :

(48)

as a countries which not ratified in 1951 and 1967 protocol. Indonesia Government simply does not have the authority to determine whether a person or group of people requesting refugee status, are recognized as refugees. The authority is exercised by the UNHCR, without government intervention.

As Indonesia is not a signatory to the 1951 Refugee Convention, the government has allowed two international institutions to deal with asylum seekers6; The first is The Office of the United Nations High Commissioner for Refugees (UNHCR) oversees refugee status determination, resettlement, and repatriation. And the second, The International Organization for Migration (IOM) is responsible for day-to-day assistance, including providing food, accommodation, and healthcare; asylum seekers

and refugees remain IOM‟s responsibility until they are resettled in a third country or voluntarily return home.

Legal Framework and Role of UNHCR to RSD | Suaka, accessed on December 1st 2016 from :

(49)

CHAPTER IV

ANALYSIS OF UNHCR REASONS RECOMMENDING IOM IN DEALING WITH VIETNAMESE REFUGEES IN INDONESIA

In analyzing the reason of UNHCR reasons recommending IOM toward Vietnamese refugees in Indonesia, the writer will use the theory Role theory by Stephen G.Walker supported by the concept of international organization by R.Axelrod and Keohane R.O. Roles are social positions which are constituted by ego and alter expectations regarding the purpose of an actor in an organized group (Harnisch S. , 2010). The positions function in the group is

limited in time and scope and it is dependent on the groups‟ structure and

purpose. While some roles are constitutive to the group as such, recognized member of the international community, other roles or role sets are functionally specific, i.e. balancer, initiator etc.1 While international cooperation describes interactions to achieve common objectives when actors‟ preferences are neither identical (harmony) nor irreconcilable (conflict).

Legal Framework and Role of UNHCR to RSD | Suaka, accessed on December 1st 2016 from :

(50)

A. The non-signatory of UNHCR 1951 convention and 1967 protocol by Indonesia

As an international organization which was created to deal with refugee problem, United Nations High Commissioner for Refugee (UNHCR)

has a role to protect the refugees‟ right and welfare. UNHCR‟s role also has to

grant all of refugee can use their right in aim to gain the asylum. However, in dealing with refugees problem in certain state, UNHCR needs its permission from the host-country. As the member of UNHCR, states need to sign the 1951 Convention and 1967 Protocol about the status and rights of refugees based on its instrument. The United Nation Convention 1951 and protocol 1967 which is related to the status of refugee has created a perspective for a signatory country to provide protection to refugee at risk of persecution in their own countries capacity. The Convention defines as a refugee a person:

(who) owing to (a) well-founded fear of being persecuted for reasons of race, religion, nationality, membership of a particular social group or political opinion, is outside the country of his nationality and is unable or,

(51)

owing to such fear, is unwilling to avail himself of the protection of that country.2

The Convention also contains several numbers of fundamental principles, mainly on non-discrimination, non-penalization and non-refoulement principles. The first provision of this convention is about non-discrimination which is applied to avoid discrimination based to race, religion or country of origin of the refugees. Developments in international human rights law also reinforce the principle about discrimination of sex, age, disability, sexuality, or other prohibited grounds of discrimination.

While the second principle of the convention explains about the specific exception of a subject which means refugees should not be penalized for their illegal entry or stay. It means that recognition of asylum seeker can require refugees to breach immigration rules. The prohibited penalties might include being charged with immigration or criminal offences relating to the seeking of asylum, or being arbitrarily detained purely on the basis of asylum seeker.

The last and most important principle of the convention is the some protections against the expulsion of refugees. Non-refoulement principle is

very basic principle that no objections or derogations of its‟ existence. It

The Problem with the 1951 Refugee Convention – Parliament of Australia accessed on November 30th 2016 from :

http://www.aph.gov.au/About_Parliament/Parliamentary_Departments/Parliamentary_Library /pubs/rp/rp0001/01RP05

(52)

explains that no one shall expel or return (“refouler”) a refugee against his or

her will, in any manner, to a territory where he or she fears threats to life or freedom. Also, the convention settles the minimum requirements in handling refugee, without an exception for a state to give them a better treatment. This right included the access to the courts, primary education, work, and provision for documentation, including refugee travel document in passport form. (UNHCR, 2010)

However, non-refoulement principle only be applied in terms of mass displacement caused by conflict. Non-refoulement principle prohibits the act of one nations to return or sent back the refugee to the place where they will face persecution, threat, violence, or any kind of act which can put them in dangerous condition based on reason which is related with race, religion, nations, or political beliefs.

Seeing the obligations that will directly come into the signatory of UNHCR protocol, Indonesia prefers to be the non-signatory country. From the fundamental right that must adopted by signatories countries, it is really contradictive with the condition of Indonesia nowadays. From several fundamental rights explained before, about the right to avoid punishment and could not be sent back to the origin country somehow could burden Indonesia.

(53)

Beside that, the implementation of UNHCR convention is also not fit with the condition of Indonesia. The 1951 Convention contains a number of rights and also highlights the obligations of refugees towards their host countries which could not be fulfilled by Indonesia. The rights contain (UNHCR, 2010):

1. The right not to be expelled, except under certain, strictly defined conditions (Article 32);

2. The right not to be punished for illegal entry into the territory of a contracting State (Article 31);

3. The right to work (Articles 17 to 19); 4. The right to housing (Article 21); 5. The right to education (Article 22);

6. The right to public relief and assistance (Article 23); 7. The right to freedom of religion (Article 4);

8. The right to access the courts (Article 16);

9. The right to freedom of movement within the territory (Article26); and 10.The right to be issued identity and travel documents (Articles 27 and

28).

Seeing the rights that should be fulfilled by the government of Indonesia if they sign the protocol, it is really far from the ability of Indonesia, in fact

(54)

Indonesia is a country which has high percentage of unemployment problem and also education sector which has not been spread throughout the regions. The policy to give a right to refugees considered to be very inappropriate and could cause a social gap for the citizen. The housing right is also unenforceable while Indonesian economy still weak, the number of poor people is still in high level so the application policy to grant the refugees housing right will trigger social inequalities and pulled the country's internal problems.

Another reason that makes Indonesia has not signed the convention is there are several problems with the Convention which is not fit to be applied in these days like the convention definition of refugee is outdated, as is its notion of exile as a solution to refugee problems. While the Convention-based asylum system may have operated well enough until the end of the Cold War, it was not designed with today's mass refugee outflows or migratory movements in mind. At a time of intense migration pressure and limited opportunities, asylum systems in Western countries have come under increasing strain through their use as a migration channel.

However, although Indonesia has not signed the convention, international conference in 1979 conducted by United Nations resulted several ASEAN countries including Indonesia to be temporary destination for the

(55)

refugee and “tolerate” UNHCR in doing its job in their territories.3

UNHCR is operating in Indonesia with the agreement of the Government of the Republic of Indonesia. The Indonesian Immigration Directorate General issued a Directive in 2010 (No: IMI-1489.UM.08.05) which states that persons seeking asylum or refugee status are to be referred to UNHCR for

RSD and that “the status and presence of aliens holding Attestation Letters or identification cards issued by UNHCR as asylum seekers, refugees or persons

of concern to UNHCR, must be respected”. Persons without those documents

will be subject to detention, fines, and/or deportation.4

After being participated in some of meetings that were conducted by South-East Asian transit states and Western resettlement countries during the first half of 1979, the governments of Indonesia and the Philippines had agreed to provide certain islands to establish regional processing centers for refugees who had already been accepted for resettlement. Indonesian government had chosen Galang Island that is located in Riau Archipelago province as a temporary home for up to 10,000 refugees at a time. (Missbach, 2013)

Actually, Galang island could not easily accessed by air and sea, but it was then inhabited by only about 200 people. The small number of Galang

Resolution of The Problem of Boat People – The Case for Global Initiative, accessed on October 24th 2016 from : http://www.worldlii.org/int/journals/ISILYBIHRL/2001/8.html 4

Legal Framework and Role of UNHCR to RSD | Suaka, accessed on December 1st 2016 from : https://suaka.or.id/2015/07/09/legal-framework-and-role-of-unhcr-to-rsd/

(56)

people made it easier for the local authorities to separate the refugees from the local population in order to avoid intermingling. Galang was never supposed to offer permanent integration for refugees. It was conceived as a temporary location where refugees could prepare for their resettlement by undertaking language and other courses.

From the very beginning, the Indonesian government emphasized:

that it would not receive refugees in its territory, but for the sake of humanitarianism it was forced to accept them during transit while they were waiting to move on to a third country, as well as actively providing thoughts and concrete support to find a solution for this problem. (Indonesia, 1980)

Also, meeting of ASEAN Foreign Ministers on May 1979 that was aimed to talk about the status of refugees in the region had resulted that

“countries providing the site or island for the processing center shall retain the

sovereignty, administrative control and security responsibility over the island”

(Department of Foreign Affairs of the Republic of Indonesia 1979, p. 5). It made a clear explanation regarding the budget needed by the government in establishing and running these centers would be covered by UNHCR. Also, the budget that would be the responsibility by UNHCR would include the providing of basic needs like food, education, and health care. (Missbach, 2013)

(57)

Since Indonesia has not signed the protocol based on several reasons explained above, it made the limitation of UNHCR in doing its role in Indonesia. UNHCR could not play its main role to grant refugees right and welfare which makes UNHCR needs other actor to help them in achieving their common objectives toward refugee. UNHCR will provide for one of three possible durable solutions including resettlement to a third country, voluntary repatriation and also local integration. However, local integration is not available as an option in Indonesia because the Indonesian government does not authorize recognized refugees to stay living in the country.5

Also, as the non-signatory of UNHCR convention, there are several factors that could result in refugees and asylum seekers being denied to get effective protection in Indonesia like the lack of legal protection, long waiting periods for permanent resettlement, limited basic livelihood support (housing, healthcare, education, and work rights) and inhumane conditions in detention centers.6 The factors emerged due to the nature of Indonesia‟s domestic legal

framework relating to asylum seekers and refugees means that refugees,

asylum seekers and stateless people are treated as illegal immigrants, and are subject to detention and might legally become subject to deportation which

Legal Framework and Role of UNHCR to RSD | Suaka, accessed on December 1st 2016 from : https://suaka.or.id/2015/07/09/legal-framework-and-role-of-unhcr-to-rsd/

(58)

also made Indonesia does not have certain binding regulation and responsibility toward the refugees.

As Indonesia is not a signatory to the 1951 Refugee Convention, the government has allowed two international institutions to deal with asylum seekers7:

1. The Office of the United Nations High Commissioner for Refugees (UNHCR) oversees refugee status determination, resettlement, and repatriation.

2. The International Organization for Migration (IOM) is responsible for day-to-day assistance, including providing food, accommodation, and healthcare; asylum seekers and refugees remain IOM‟s responsibility until they are resettled in a third country or voluntarily return home.

B. Limitation capacity of UNHCR

United Nations High Commissioner for Refugee (UNHCR) role in managing Vietnamese refugee in Indonesia focused on the effort to find the third country as the permanent place for the refugee. However, since the number of refugees in Indonesia always increased, it made the limitation of UNHCR capacity to deal with it. Huge number of the refugee is not balance

Legal Framework and Role of UNHCR to RSD | Suaka, accessed on December 1st 2016 from : https://suaka.or.id/2015/07/09/legal-framework-and-role-of-unhcr-to-rsd/

(59)

with the number of resettlement place. Low resettlement places leads to significant waiting periods. The lack of information and assistance available to asylum seekers and refugees to support themselves and their families leads to frustration and desperation of concern for many people.8

While UNHCR was busy to find the third countries for the refugee, the waiting periods became longer and the number of refugee became increased. It made the refugees need more access to daily needs. Since the government of Indonesia did not provide the refugees right to seek for job, they could only rely on what UNHCR gave to them which made there were no means for them to take care of themselves and their families whilst transiting in Indonesia or waiting for resettlement. On May 2015, UNHCR reported that refugees who are still in the detention center had reached 4.589 persons, and among them, there were 696 individuals had reported themselves to immigration authorities. Even for asylum seekers and refugees who do receive support, financial payments from UNHCR are Reported to be minimal.

At that time refugees could only access services of the International Organization for Migration (IOM) through referrals from Immigration Officials, the which leads to many vulnerable people slipping though the

Supporting system of Refugee and Asylum Seeker in Indonesia | Suaka, accessed on October 24th 2016 from : https://suaka.or.id/2015/07/09/supporting-system-of-refugee-and-asylum-seekers-in-indonesia/

(60)

gaps.9 This is the role of IOM in helping UNHCR to deal with Vietnamese refugees in Indonesia. IOM gave the access to health care, education and work rights results in refugees and asylum seekers being extremely vulnerable to medical emergencies and livelihood.

C. Comparison of IOM and UNHCR Role

UNHCR needs to recommend IOM in dealing with Vietnamese refugee could be seen from substantial and technical things of both organizations that has different scopes. Although both of this organization similarly focus on humanitarian issues, the wider range of problem solving involve the cooperation conducted by them in purpose to fulfill their main goals.

Table1. Comparison between UNHCR and IOM

No UNHCR IOM

1 Mandates Bounded by United Nations General Assembly

Mandates given by member-states 2 Has right to determine the status of person as

Refugees through Refugee Status Determination (RSD)

Focus and fully responsible in refugee assistance program

3 UNHCR‟s funding comes from the budgeting of United Nations, member states and also

including intergovernmental institutions

IOM is heavily dependent on project-based funding

4 Administrative operations : Resettlement Executive services and operational activities are conducted.

Supporting system of Refugee and Asylum Seeker in Indonesia | Suaka, accessed on October 24th 2016 from : https://suaka.or.id/2015/07/09/supporting-system-of-refugee-and-asylum-seekers-in-indonesia/

(1)

The meeting of ASEAN Foreign Ministers in May 1979 issued a statement on refugees, which stipulated that “countries providing the site or island for the processing center shall retain the sovereignty, administrative control and security responsibility over the island” (Department of Foreign Affairs of the Republic of Indonesia 1979, p. 5). All costs of establishing and running these centers, including the provision of food, education, and health care, were to be covered by the UNHCR. (Missbach, 2013)

After being participated in some meetings conducted by South-East Asian transit states and Western resettlement countries during the first half of 1979, the governments of Indonesia and the Philippines agreed to willingly provided certain place to establish regional processing centers for refugees who had already been accepted for resettlement. Indonesian government at that time chose Galang Island which is located in the Riau Archipelago province as a temporary home for up to 10,000 refugees at a time. (Missbach, 2013)

However, since Indonesia has not signed the protocol based on several reasons explained above, it made the limitation of UNHCR in doing its role in Indonesia. UNHCR could not play its main role to grant refugees right and welfare which makes UNHCR needs other actor to help them in achieving their common objectives toward refugee.

(2)

As Indonesia is not a signatory to the 1951 Refugee Convention, the government has allowed two international institutions to deal with the refugees1:

1. The Office of the United Nations High Commissioner for Refugees (UNHCR) oversees refugee status determination, resettlement, and repatriation.

While UNHCR was busy to find the third countries for the refugee, the waiting periods became longer and the number of refugee became increased. It made the refugees need more access to daily needs. Since the refugees did not have the right to work, they only relied on what UNHCR gave to them which made there were no means for the refugee to take care themselves and their families whilst transiting in Indonesia or waiting for resettlement. On May 2015, UNHCR reported that refugees who are still in the detention center Reached 4.589 persons, and 696 individuals have reported themselves to

Supporting System of Refugee and Asylum Seeker in Indonesia | Suaka, accessed on

October 24th 2016 from :

(3)

immigration authorities. Even for asylum seekers and refugees who do receive support, financial payments from UNHCR are Reported to be minimal.

Asylum seekers and refugees can only access services of the International Organization for Migration (IOM) through referrals from Immigration Officials, the which leads to many vulnerable people slipping though the gaps.2 This is the role of IOM in helping UNHCR to deal with Vietnamese refugees in Indonesia. IOM gave the refugee to access the health service, including primary needs like education and work rights results in refugees and asylum seekers being extremely vulnerable to medical emergencies and livelihood.

Supporting System of Refugee and Asylum Seeker in Indonesia | Suaka, accessed on

October 24th 2016 from :

(4)

REFERENCES

Axelrod, R. (n.d.). On six advances in cooperation theoru in : Analyse & Kritik. Cease-fire goes into effect ; accessed from :

http://www.history.com/this-day-in-history/cease-fire-goes-into-effect

Elie, J. (2010). Global Governance 16.

Galang Refugee Camp 1975 - 1996 Riau Archipelago, Indonesia ; accessed from :

http://www.refugeecamps.net/GalangCamp.html

Geiger, M., & Antoine, P. (2013). International Migrations and the Politics of Migration. Ethic and Migration Studies.

Grant, B. (1979). The boat people : An Age Investigation. Harmondsworth & Middlesex: Penguin books ltd.

Handbook for emergencies. (2007). UNHCR.

Harnisch, S. (2010). ROLE THEORY: OPERATIONALIZATION OF KEY CONCEPTS.

History of International Organization for Migration ; accessed from :

http://www.iom.int/iom-history

Holborn, L. (1975). Refugees: A Problem of Our Time: The Work of the United Nations High Commissioner for Refugees, 1951–1972, vol. 1. Metuchen, NJ: Scarecrow Press.

Indonesia, D. o. (1980). Pulau Galang, pusat pemrosesan pengungsi. Jakarta. Internation Organization for Migration official website ; accessed from :

http://www.iom.int

IOM. (2000, 2011). Financial Report for the Year ended December.

Joint Communiqué Issued at the Twelfth ASEAN Ministerial Meeting, Bali,

Indonesia, 28–30 June 1979‟, in Thai Ministry of Foreign Affairs, Documents on the Kampuchean Problem: 1979–1985, Bangkok, 1985, p. 78.

(5)

Kisah Pilu 250.000 Pengungsi Vietnam di Batam ; Accessed from :

http://www.kompasiana.com/akbarzainudin/kisah-pilu-250-000-pengungsi-vietnam-di- batam_55294601f17e6177578b45al

Koch, A. (2013). The Politics and Discourse of Migrant Return: The Role of UNHCR and IOM in the Governance of Return. Journal of Ethnic and Migration Studies.

Legal Framework and Role of UNHCR to RSD ; accessed from :

https://suaka.or.id/2015/07/09/legal-framework-and-role-of-unhcr-to-rsd/

Mas'oed, M. (1994). Ilmu Hubungan Internasional . LP3ES.

Memorandum of Understanding between the UNHCR & IOM. (1997). UN high commisioner for refugees.

Missbach, A. (2013). Waiting on the Islands of „Stuckedness‟.Managing Asylum Seekers in Island Detention Camps in Indonesia: From the Late 1970s to the Early 2000s.

Missbach, A. (2013). Waiting on the islands of 'stuckedness' : managing asylum seekers in island detention camps in Indonesia ; from the late 1970s to the early 2000.

Paulo, S. (2014). International cooperation and development : a coceptual overview. 3.

Refugees, U. H. (1997 , May 15). Memorandum of Understanding between the United Nations High Commissioner for Refugees and the International Organization for Migration . Retrieved November 2016

Resolution Of The Problem Of Boat People: The Case For A Global Initiative ; accessed from :

http://www.worldlii.org/int/journals/ISILYBIHRL/2001/8.html

Robinson, W. (1998). Terms of refuge : The indochinese exodus & International response. London & Newyork: Zed books ltd.

Sultoni, Y., Widagdo, S., & Suryokumoro, H. (2013). The Reason of Indonesia not Ratified Refugee Convention 1951 and Legal Protection For Refugees in Indonesia.

(6)

Supporting System of Refugee and Asylum Seekers in Indonesia ; accessed from :

https://suaka.or.id/2015/07/09/supporting-system-of-refugee-and-asylum-seekers-in-indonesia/

The history of United Nations High Commissioner for Refugee ; accessed from :

http://www.unhcr.org/history-of-unhcr.html

The Problem with the 1951 Refugee Convention ; accessed from :

http://www.aph.gov.au/About_Parliament/Parliamentary_Departments/Parlia mentary_Library/pubs/rp/rp0001/01RP05

UN General Assembly, “Statute of the Office of the United Nations High Commissioner for Refugees,” UN Doc. A/RES/428(V) (1950)

UNHCR. (1997). Memorandum of Understanding between the United Nations High Commissioner for Refugees and the International Organization for Migration. UNHCR. (1997). Memorandum of Understanding between the UNHCR and IOM.

United Nation High Commisioner for Refugee. UNHCR. (2000). The State of the World‟s Refugees.

(2000). The State of the World's refugee : Fifty Years of Humanitarian Actions. In UNHCR, The State of the World's refugee 2000 - Chapter 4 (pp. 83-86). UNHCR. (2010). Convention and Protocol relating to status of refugees.

(n.d.). Use with United States: Civil War to Today.

Wagiman. (2012). Hukum Pengungsi Internasional. jakarta: sinar grafika. Walbert, D. (2010). The Vietnam War: A timeline.

Weatherbee, D. E. (2009). International Realations In Southeast Asia : The Struggle for Economy. New York : Rowman & Littlefield publishers.Inc.

IOM ROLE IN MANAGING VIETNAM REFUGEES IN INDONESIA UNDER UNHCR (1975-1996)

Parts

Dokumen yang terkait

PERANAN INTERNATIONAL ORGANIZATION FOR MIGRATION (IOM) DAN HUBUNGANNYA DENGAN UNITED NATION HIGH COMMISSIONER FOR REFUGEES (UNHCR) DALAM MENANGANI IMIGRAN DAN PENGUNGSI DI INDONESIA

Role of the International Organization for Migration (IOM) and the Relationship with the United Nations High Commissioner for Refugees (UNHCR) for Handling Immigrants and Refugees in Indonesia

Role of the International Organization for Migration (IOM) and the Relationship with the United Nations High Commissioner for Refugees (UNHCR) for Handling Immigrants and Refugees in Indonesia

IOM ROLE IN MANAGING VIETNAM REFUGEES IN INDONESIA UNDER UNHCR (1975-1996)

PERLINDUNGAN HUKUM PENGUNGSI VIETNAM DI PULAU GALANG KEPULAUAN RIAU PADA TAHUN 1979-1996 OLEH UNHCR (UNITED NATIONS HIGH COMMISSIONER FOR REFUGEES) DITINJAU DARI KONVENSI WINA 1951 DAN UNDANG-UNDANG N.

Managing Water for Public in Indonesia

Managing Women Scientist In Indonesia

Commercial Bank in Vietnam 1

Urban refugees in Cairo id

THE ROLE OF INDONESIA IN ASEAN UNDER JOKOWI’S PRO-PEOPLE DIPLOMACY

Dukungan

Links

IOM ROLE IN MANAGING VIETNAM REFUGEES IN INDONESIA UNDER UNHCR (1975-1996)

Parts

Dokumen yang terkait

PERANAN INTERNATIONAL ORGANIZATION FOR MIGRATION (IOM) DAN HUBUNGANNYA DENGAN UNITED NATION HIGH COMMISSIONER FOR REFUGEES (UNHCR) DALAM MENANGANI IMIGRAN DAN PENGUNGSI DI INDONESIA

Role of the International Organization for Migration (IOM) and the Relationship with the United Nations High Commissioner for Refugees (UNHCR) for Handling Immigrants and Refugees in Indonesia

Role of the International Organization for Migration (IOM) and the Relationship with the United Nations High Commissioner for Refugees (UNHCR) for Handling Immigrants and Refugees in Indonesia

IOM ROLE IN MANAGING VIETNAM REFUGEES IN INDONESIA UNDER UNHCR (1975-1996)

PERLINDUNGAN HUKUM PENGUNGSI VIETNAM DI PULAU GALANG KEPULAUAN RIAU PADA TAHUN 1979-1996 OLEH UNHCR (UNITED NATIONS HIGH COMMISSIONER FOR REFUGEES) DITINJAU DARI KONVENSI WINA 1951 DAN UNDANG-UNDANG N.

Managing Water for Public in Indonesia

Managing Women Scientist In Indonesia

Commercial Bank in Vietnam 1

Urban refugees in Cairo id

THE ROLE OF INDONESIA IN ASEAN UNDER JOKOWI’S PRO-PEOPLE DIPLOMACY

Dokumen yang Anda mencari sudah siap untuk unduhkan