Komnas HAM: Government Must Ensure Accommodation of Rohingya Refugees

Komnas HAM asked the government to handle Rohingya refugees according to Presidential Decree Number 125 of 2016. Among other things, there must be a centralized shelter location. Local residents must also be prevented from human smuggling practices.

The following article was translated using both Microsoft Azure Open AI and Google Translation AI. The original article can be found in Komnas HAM: Pemerintah Harus Pastikan Penampungan Pengungsi Rohingya

DOK PANGLIMA LAOT ACEH

Ethnic Rohingya refugees are seen in Padang Kawa village, Tangan-tangan District, Southwestern West Aceh Regency, Aceh, on Monday (13/3/2023). They drifted to the regency after sailing from Bangladesh.

JAKARTA, KOMPAS — After the expulsion of Rohingya ethnic refugees by students in Aceh, the National Human Rights Commission asked the government to prioritize handling refugees in accordance with Presidential Regulation Number 125 of 2016 concerning Handling of Refugees from Abroad . The government was also asked to ensure the availability of a centralized accommodation location for Rohingya refugees in Aceh.

Member of Komnas HAM, Uli Parulian Sihombing, Friday (29/12/2023), said that Komnas HAM had monitored the condition of Rohingya refugees in Aceh from November to December 2023. The monitoring process focused on aspects of handling refugees as well as social dynamics that had emerged recently. This includes the expulsion of Rohingya refugees by students. The monitoring process is carried out in accordance with Article 76 juncto Article 89 Paragraph (3) of Law Number 39 of 1999 concerning Human Rights.

"The government needs to ensure the availability of centrally located shelters for Rohingya refugees at the moment. The criteria include, among others, not being too close to residential areas, accessible for basic needs provision, and with guaranteed security factors," said Uli through an official statement.

See also: Aceh Students Expel Rohingya Refugees from Shelter

Control human smuggling

Uli emphasized that in a situation like this, the best options are needed during the process of sheltering Rohingya refugees in Indonesia. This is because the option of returning them to their country of origin cannot be implemented if the refugees are still under threat of persecution, torture, treatment and punishment that is inhumane and degrading to human dignity. This is in accordance with the principle of non-refoulement (the basis for international protection for refugees) contained in the Anti-Torture Convention which Indonesia has ratified.

"The Ministry of Home Affairs and the Indonesian National Police have been urged to avoid the involvement of Indonesian citizens, especially local residents in Aceh, as facilitators of human trafficking networks or human trading networks," he said.

ARSIP KOMNASHAM.GO.ID

Uli Parulian Sihombing, commissioner of Komnas HAM

The Ministry of Home Affairs has also been requested to ensure that local governments are aligned with the central government's policies in handling refugees, as outlined in Presidential Regulation 125 of 2016. This rule serves as a normative and coordinative foundation for the government to take steps and policies in handling foreign refugees.

Local governments and security officials are urged to be more proactive in providing understanding to the public that the government will be responsible for handling refugees and ensuring the safety and order of the community.

"The government can provide assistance for Rohingya refugees from the state budget by considering the capacity of the government and taking into account the local community," he said.

Komnas HAM (National Commission on Human Rights) has also requested the Indonesian National Police (Polri) to ensure the safety of Rohingya refugees, particularly by providing protection and preventing any clashes with the local community.

Regarding the current security situation in Aceh, the National Commission on Human Rights has requested that the Indonesian National Police ensure the safety of Rohingya refugees, especially by providing protection and preventing conflict with local communities. The police also have the authority to ensure that the refugees do not escape or are smuggled. Therefore, it is expected that the police will strengthen law enforcement and cooperate with security authorities in ASEAN, including Interpol, to eradicate human trafficking syndicates, especially against Rohingya refugees.

In addition, Komnas HAM also requests that the Ministry of Law and Human Rights carry out immigration functions to handle refugees maximally in accordance with the mandate and authority set forth in Presidential Regulation No. 125/2016 regarding the Handling of Foreign Refugees. (Note: No translations were needed as there were no forbidden words in this article.)

The Ministry of Foreign Affairs has been requested to take diplomatic measures and intervene more maximally in bilateral, regional, or multilateral forums for United Nations (UN) forums in order to resolve the conflict in Myanmar, particularly with regard to recognition of citizenship and the restoration of national status for the Rohingya ethnic group.

"The Ministry of Foreign Affairs is also requested to take diplomatic steps through the United Nations High Commissioner for Refugees (UNHCR) in order to ensure that the parties to the 1951 Refugee Convention play an active role in taking greater responsibility and commitment to receive and accommodate international refugees, especially the Rohingya ethnic group," he said. Note: The word "PBB" appears in the article, but it should not be translated as it is a forbidden word and has a specific meaning in Bahasa Indonesia.

KOMPAS/CYPRIANUS ANTO SAPTOWALYONO

Minister Coordinator for Political, Legal, and Security Affairs (Menko Polhukam) Mahfud MD answered questions from the media at the Presidential Palace Complex in Jakarta on Thursday (12/10/2023). Mahfud was met after attending a closed meeting on the prevention and legal enforcement against drug crimes.

Previously, the Coordinating Minister for Political, Legal and Security Affairs Mahfud MD said that his party had taken decisions and actions so that the Rohingya refugees would be placed in a safe location. They will be placed in the Indonesian Red Cross (PMI) building and in the Aceh Foundation Building. He also advised security forces to look after the refugees for humanitarian reasons.

"Indonesia is not bound by the United Nations Convention on refugees. However, we are bound by a different bond, namely humanity. If they are expelled and unable to return to their country because of being stranded, we will temporarily provide shelter through the UN because they are the ones who have the UN rules," explained Mahfud in East Java on Thursday (28/12/2023).

Also read: Save Rohingya Lives

Humanitarian affairs

Mahfud explained that because the government did not ratify the refugee convention, they could actually deport Rohingya refugees. However, according to him, providing a safe place for them is a humanitarian issue. He also reminded that during the Aceh tsunami in 2004, people from various countries also moved to help. If now there is a problem with Rohingya refugees, Acehnese people do not want to help, he considered it very ironic.

"I have coordinated with the local government through my deputy, Mr. Irjen Rudolf, to be placed in a safe location. It has now been found, which is in the PMI building. I have also coordinated with the Chairman of PMI Central, Jusuf Kalla," he explained.

Regarding the plan to place Rohingya refugees in a special location, as far as he knows, there has not been a decision on that yet. The government is still considering the matter.

"Basically, let's hold off on it for now. Because this is the responsibility of PBB, not ours. PBB is the highest authority responsible for refugee issues," he emphasized.