a. Repatriation
The UNHCR and other international agencies take responsibility for assisting refugee people with the process of return, and for helping them to
rebuild their lives in their homelands. It is important that conditions are safe in the areas that people are returning to. A peace agreement should be in
place before any return or repatriation, and armed conflict should have ceased in the areas of return. Voluntary repatriation is the return of refugees
to their home country, of their own free will, once conditions have become safe. Refugees are often asked to return voluntarily when conditions have
improved in their country of origin. People must be able to have had a guarantee of protection from their government.
29
Repatriation solutions have a requirement that the country of origin of refugees must be in a safe condition. This is not good solution to applied to
the Rohingyas, considering that there are a threat of persecution could happen to them because the Rohingya have no citizenship status in
Myanmar, so they would get any protection from the state. Moreover, the government itself who do persecution to them, the Rohingyas.
30
b. Local Integration
Local integration as a durable solution combines three dimensions. Firstly, it is a legal process, whereby refugees attain a wider range of rights
29
NSW Government, “Refugee Settlement”, Roads to Refugee, taken from http:www.roads-to-
refuge.com.ausettlementsettlement-global-response.html accessed on February 20
th
2016 at 10.01 p.m
30
Ibid, p, 174.
in the host state. Secondly, it is an economic process of establishing sustainable livelihoods and a standard of living comparable to the host
community. Thirdly, it is a social and cultural process of adaptation and acceptance that enables the refugees to contribute to the social life of the
host country and live without fear of discrimination. Using a narrow conception of local integration, it could be argued that the process becomes
a durable solution only at the point when a refugee becomes a naturalized citizen of his or her asylum country
31
. Local integration will also benefit the countries that receive them, if the refugees have the expertise or skills to
help the country of asylum. The example of refugees who had local intregration is Rwanda refugee in Uganda.
c. Resettlement
Resettlement is the organized movement of refugees from refugee camps, urban areas or other temporary situations to a third country where
they can live permanently. Resettlement in a third country may be the only way to guarantee protection of a refugee who is at risk of forcible return or
who faces other serious problems in the country they have sought asylum. Many countries assist refugees to make a new home outside of their own
country. All countries that have signed and ratified the UN Refugee Convention, including Australia, are obliged to grant the same human rights
and assistance to refugees that they grant to their citizens and other legal
31
Alexandra Fielden, 2008, “Local integration: an under-reported solution to protracted refugee situations” taken from http:www.unhcr.org486cc99f2.pdf downloaded on February 21
th
2016 at 8.30 a.m.
residents.
32
UNHCR helps refugees to make arrangements for cooperation with third countries to provide shelter for them.
When voluntary Repatriation or local integration is not an option for an ethnic due to the risk of persecution, the collective settlement of the group
may not be appropriate. Resettlement not only address the need for long- term protection of the individual concerned, but also improve the prospects
for the integration of those who are allowed to settle permanently in the country of asylum, so as to help create sustainable solutions for all of the
displaced community.
33
To be eligible to a resettlement, a person must meet the criteria established by UNHCR and the country of destination. UNHCR criteria
reflect the function of resettlement as a protection instrument. To improve its performance, UNHCR works with resettlement destination countries to
enhance and harmonize the criteria and the process of resettlement. Because resettlement is an option that is highly coveted by refugees, it is important
to ensure that management is done in a transparent manner to prevent corruption and reduce the risk of resettlement becoming towing factor for
the arrival of new refugees.
34
Australia, Canada, Denmark, Norway and United States are third countries which is to provide a resettlement place.
32
NSW Government, Op.Cit,.
33
UNHCR, Op. Cit., p. 137.
34
Ibid.
CHAPTER V CONCLUSION AND SUGGESTION
A. Conclusion
The Refugees in the world is already protected by the 1951 Convention Relating to the Status of Refugee and 1967 Protocol. The
protection of refugee according to international refugee law can be concluded that the refugees has several rights such as: rights to get
freedom of religion, rights to get wage-earning employment, rights to non-discrimination, rights to get houses, rights to education, rights to get
public relief, rights to not to be explused or returned to their habitual residence. Convention on Relating to the Status of Refugees 1951
establishes fundamental rights to be acquired for refugees, which is rights in the same circumstances standard by other foreigners and equal
treatment with local citizens.
Indonesia as non-state parties of the 1951 Convention has an obligations to apply the international refugee protection standards which
become parts of international law because Indonesia already adopted a set of international and national regulation governing human rights such
as Universal Declaration of Human Rights and Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or
Punishments. With these conditions, the Indonesian government has the
responsibility to not ignore the basic rights of the Rohingyas for protecting them as refugees. Indonesian government should not
expulsion or return refouled to their habitual residence where they might be subjected to torture and persecution. Indonesia as non-state
parties of 1951 Convention at least should provides temporary asylum and cooperates with UNHCR to facilitate immediate needs of Rohingyas.
B. Suggestion
From the previous conclusion, the author would like give a suggestion that every countries should respect the principles of non-refoulement as
the basis of international protection to the refugees. The Indonesian government need to establiesh specific regulation concerning on refugees
for handling the problem of refugees, especially in this case Rohingyas. Indonesia should also ratifiy and implement the 1951 United Nations
Convention Relating to the Status of Refugees and the 1967 Protocol to help the international community to resolve the refugees permanently.
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