Rohingya Refugees: Troubled In Their Home Country, Indonesia Gets The Getah

The photo archive - Polairud officers escorted the Rohingya refugee ship on the coast of Seunuddon Beach, Seunuddon District, North Aceh, Aceh, Wednesday (24/6/2020). (Between/Rahmad/Lmo/foc/aa)

JAKARTA The wave of Rohingya refugees in Indonesia has caused a polemic. On the one hand, Indonesia actually has no obligation to accommodate refugees, but on the other hand, this country feels the need to prioritize humanity when facing Rohingya refugees.

According to the United Nations High Commissioner for Refugees/UNHCR (United Nations High Commissioner for Refugee Affairs), more than 1,000 Rohingya refugees have landed in Aceh since mid-November. Although initially the arrival of the Rohingya ethnicity was accepted with open arms, the local residents have long rejected the presence of this ethnicity from Myanmar.

The ethnic attitude of the Rohingya who did not behave well, even did not comply with local norms made Acehnese furious. They urged the government to send the Rohingya people back to their country of origin.

Then, what should Indonesia's attitude towards Rohingya refugees be?

The Immigration Division of the Ministry of Law and Human Rights Aceh said 1,084 Rohingya refugees came to Tanah Rencong last November, after being adrift in the ocean for several days on a wooden boat.

What makes Rohingya refugees flock to Aceh?

The Aceh region, which is located on the shipping route, is the hope of one reason why the province is often visited by Rohingya refugees. The Aceh maritime route is connected to the Andaman Sea, the shipping route for Rohingya refugees who fled from Myanmar using wooden boats.

Not only geographical factors, Rohingya refugees are also impressed by the acceptance of Acehnese so that they like the area nicknamed Serambi Mecca.

According to anthropologist STAIN Teungku Dirundeng Meulaaboh, Tgk Muhajir Al-Fairus, the presence of Rohingya refugees was originally interpreted as a matter of humanity by the people of Aceh. Moreover, the people of Aceh also quite respect guests.

The issue of suppression of the Rohingya in their home country has made the people of Aceh sympathetic. But recently, rumors that Rohingya refugees did not show the expected attitude to anger local residents.

Public opinion of Rohingya refugees was finally divided into two. Some are reluctant to accept Rohingya refugees again in Aceh, but not a few also feel that Indonesia needs to be a safe place for Rohingya.

Legally, Indonesia actually has no obligation to accommodate refugees from abroad, including the Rohingya ethnicity, let alone provide permanent solutions.

This is because Indonesia did not ratify the 1951 Refugee Convention. The Convention Regarding Refugee Status, also known as the 1951 Refugee Convention, is a multilateral agreement that defines the status of refugees, and stipulates individual rights to obtain asylum and responsibility of the state that grants asylum.

The Convention was approved by a UN special conference on July 28, 1951.

Various reasons have been put forward why Indonesia has not ratified the 1951 Refugee Convention. According to an observer of international relations from Padjadjaran University, Teuku Rezasyah, Indonesia refuses to become a refugee destination country.

In addition, Teuku Rezasyah said the arrival of Rohingya refugees to Indonesia while waiting for UNHCR directions to be moved to developed countries. In other words, Indonesia is only a temporary place for refugees.

Another opinion was expressed by former Director General of Law and International Expansion of the Indonesian Ministry of Foreign Affairs, Damos Dumoli Agusmaan. On the Riksawan Institute's YouTube channel in 2020, Damos said Indonesia had parameters before ratifying an agreement, namely being politically safe, security, juridical and technical.

"This convention has not fulfilled or is safe from the four," said Damos last year.

The biggest reason Indonesia accepts Rohingya refugees is on humanitarian grounds. Indonesia itself regulates the recipients of refugees through Presidential Regulation Number 125 of 2016 concerning the Handling of Refugees from Overseas.

President Joko Widodo (Jokowi) said that the government accommodates temporary Rohingya refugees who enter Indonesian territory.

"I say that while we accommodate it," said Jokowi, quoting Antara.

Jokowi said the Indonesian government was still discussing the solution to the problem of handling Rohingya refugees with relevant international organizations, including UNHCR.

"We are still talking with international organizations, UNHCR, and others, because the local community doesn't want it," Jokowi added.

Meanwhile, the Spokesperson for the Indonesian Ministry of Foreign Affairs (Kemlu), Lalu Muhamad Iqbal, said that the Rohingya refugee problem could only be resolved when the root of the conflict problem in Myanmar was resolved. Unfortunately until now, the Rohingya ethnicity has not had a place in Myanmar.

"Regarding the Rohingya issue, Indonesia emphasizes that what must be resolved is the root of the problem is the conflict in Myanmar which has not yet been resolved," said Lulu at the Ministry of Foreign Affairs, Tuesday (12/12/2023).

"Indonesia will do everything it can to help so that the conflict in Myanmar can be resolved immediately and democracy will be restored immediately," he said.

The Rohingya ethnicity in Myanmar has been displaced following the persecution carried out by the military in the country. Since Myanmar issued the Law on Citizenship of Myanmar or Burma Citizenship Law 1982, the Rohingya ethnicity has been preserved, because in this regulation they are not recognized as one of the ethnicities in Myanmar.

The Rohingya ethnicity has no citizenship and is considered an illegal immigrant by the Myanmar government. They have no right to education, work and health. They are also vulnerable to sexual violence, harassment, and exploitation.

Citing the UNHCR website, in August 2017 there were armed attacks, large-scale violence, and serious human rights violations in Rakhine, where ethnic Rohingya lived. This incident claimed hundreds of thousands of lives, including children.

This moment is also a turning point that forces thousands of Rohingya residents to exodus to neighboring countries. Nearly one million people are recorded towards Bangladesh and the majority live in the Cox Bazar region, the largest refugee camp location in the world. The United Nations even describes the Rohingya ethnicity as "the world's most persecuted minority."