International Principles of Refugee Protection

and

The Roles of UNHCR in Indonesia

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Brief History

In December 1950 the UN General Assembly established the Office of the U nited N ations H igh C ommissioner for R efugees UNHCR Office in Indonesia exist since 1979

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UNHCR – The Organisation

• Operating over

262 offices (including the Headquarters) in 116 countries

• About

6,689 employees ( 84% in the field)

• Assisting about

20.8 million refugees and people of concern ( 1 UNHCR staff/ 2,800 people of concern)

• Funded by voluntary contributions:

(2007) US$1.3 Billion

• No. of NGO Partners:

565

• State party to the Refugee Convention/Protocol:

147 countries

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The 1950 statute says that the work of the UNHCR shall be

Humanitarian Non Political

Based on the Principles of International Refugee Law

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UNHCR – The Main Functions

To provide international protection to refugees To seek permanent solutions for the problem of refugees To promote International Refugee Law 5

Persons of Concern

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Key Instruments for Refugee Protection

• International Instrument: - 1951 Convention relating to the Status of Refugees - 1967 Protocol (Removal of time-limitation & Geographical boundaries) • Regional Instruments: - 1969 OAU Convention - 1984 Cartagena Declaration 7

1951 UN Convention relating to the Status of Refugees Art. 1 A refugee is any person who: owing to well-founded fear persecuted for reasons of of being race, religion, nationality, membership to a particular social group or political opinion , is outside the country of origin that country. of his nationality and is unable or owning to such fear, is unwilling to avail himself of protection of

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Obligations of refugees

Obey national laws and measures to maintain law and order Neutrality vis a vis country of origin Respect of UN principles and objectives

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Asylum seekers unlawfully in the country of refuge

- Art. 31 No penalties presence”, against “unauthorized entry or 1. If Coming directly from a territory where their life was threatened, 2. If they report to the authorities without delay, 3. If they can show good cause for their illegal entry/presence.

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Expulsion - Art. 32

No expulsion except on grounds of national security or public order Decision reached in accordance to due process of law ; refugee allowed to present his case The contracting state could apply special measures during that period If expelled can not be to the country where s/he suffers persecution (Art. 33)

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Non refoulement - Art. 33

Cornerstone of international refugee law International customary law No return to the frontiers of territories where life or freedom would be threatened on account of... (art. 1) Does not apply when reasonable grounds to be regarded as a danger to security Does not apply if convicted by final judgement of serious crime

(Relevant with other Human Rights Standard such as:

CAT Art. 3; ECHR Art. 3; ICCPR Art. 7)

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Key Instruments for Refugee Protection in Indonesia

• Political Instrument: - Decree of the People Consultative Assembly No. XVII/1998 Concerning Human Rights, Art. 24: “every person has the right to seek asylum to obtain political protection from another country” • Legal Instruments: - National Constitution - Human Rights Act (No. 39/1999) - International Relations Act (No. 37/1999) 13

National Constitution

Article 28 G: (2): right to seek political asylum from another country” “every person has the 14

Human Rights Act (No. 39/1999)

Art. 28: (1) “Everyone has the right to seek and receive political asylum from another country” (2) Nations” “The right as referred to in clause (1) does not apply to perpetrators of non political crimes or acts that contravene the objectives and principles of the United 15

International Relations Act (No. 37/1999)

Art. 26 : “Asylum granted to aliens materialized in accordance with National Regulations and taking into account International Law, International Customs and International Practices. Art. 25: (1) aliens upon the consideration of the Minister” (2) Decree. “President has the power to give asylum to Implementation of the Power stipulated in the paragraph (1) has to be regulated by the Presidential Art. 27 : “President establish policy concerning refugee coming from outside this country upon recommendation of the Minister” 16

Practical Approach Directive: SE Dirjen Imigrasi No. F IL.01.10-1297 (20 September 2002)

• Immigration: tolerate the illegal presence of asylum seekers and refugees; No Deportation • Referred/contact UNHCR • UNHCR attestations, prevent them from having problems under immigration law with authorities • If recognised; the person will be released upon request from UNHCR • Asylum seeker or refugee who breaks the laws, has to be processed in accordance with the existing laws

.

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Relevant Human Rights Standard

• Universal Declaration of Human Rights (Art. 14, 25) • International Covenant on Civil and Political Rights (Art. 2,3,6,7,13, 24,26) • UN Convention against Torture and Other Cruel (Art. 3) • International Covenant on Economic, Social and Cultural Rights (Art. 2,3,10) • UN Convention on the Elimination of All Forms of Racial Discrimination • UN Convention on the Elimination of All Form of Discrimination against Women • UN Convention on the Rights of the Child (Art. 3, 20, 22,23) • International Convention on the Protection of the Rights of all Migrant Workers and Members of Their Families 18

Non-Discrimination Clause

UDHR, Art. 1:

Rights are Generally granted to “everyone”, regardless of their nationality or their legal status in the country in which they find themselves.

ICCPR, Art. 2:

States are obliged to ensure rights to all individuals within their territories and under their jurisdiction 19

The Principle of Non-Refoulement in Human Rights Law

• UDHR, Art. 5 : “ or to cruel, inhuman or degrading treatment or punishment” • CAT, Art. 3 : “No State party shall expel, return (“refouler”) or extradite a person to another State where there are substantial grounds for believing that he would be in danger of being subjected to torture” • ICCPR, Art. 7 : No one shall be subjected to torture “No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment. In particular, no one shall be subjected without his free consent to medical or scientific experimentation” 20

What does UNHCR do in Indonesia?

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International protection includes a range of concrete activities that ensure that all women, men, girls, and boys of concern to UNHCR have equal access to and enjoyment of their rights in accordance with international law 22

Durable solutions

Voluntary repatriation of origin . Safety and dignity must be guaranteed in country Local integration . When voluntary repatriation not possible. Assimilation in host community.

Resettlement . When the above are not possible or appropriate.

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Current Situation in Indonesia : (as of 31 August 2008) Active UNHCR caseload - 599 persons (270 refugees, 329 asylum seekers) Resettlement – 65 departed in 2008.

Voluntary Repatriation - Not a major solution yet as a majority of UNHCR cases are from Iraq, Afghanistan and Somalia.

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Refugees and Asylum Seekers in ASEAN (2007)

Asylum Seekers

Timor-Leste, 4 Cambodia, 239 Viet Nam, - Indonesia, 211 Malaysia, 6,851

Refugees

Viet Nam, 2,357 Cambodia, 179 Indonesia, 315 Timor-Leste, 1 Malaysia, 32,243 Philippines, 106 Singapore, 10 Thailand, 13,484 Philippines, 302 Singapore, 24 Thailand, 125,643 25

Country of Origin Asylum Seekers & Refugees in Indonesia

5 Main Countries for 2007/2008 Iraq Sri Lanka Afghanistan Somalia Myanmar

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Thank you

www.unhcr.org

Derwin Anifah Djamaris [email protected]

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