International Principles of The Roles of UNHCR in Indonesia Refugee Protection and The Roles of UNHCR in Indonesia

Brief History United Nations High Commissioner for Refugees In December 1950 the UN General Assembly established the Office of the United Nations High Commissioner for Refugees UNHCR Office in Indonesia exist since 1979

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: US$1.3 Billion (2007) No. of NGO Partners: 565 State party to the Refugee Convention/Protocol: 147 countries

Based on the Principles of International Refugee Law The 1950 statute says that the work of the UNHCR shall be Humanitarian Non Political Principles under convention! Based on the Principles of International Refugee Law

UNHCR – The Main Functions To provide international protection to refugees To seek permanent solutions for the problem of refugees To promote International Refugee Law Promote refugee law

Persons of Concern 11.4 m. Refugee 2.8 m Returnees 3 m Stateless/POCs 0.8 m Asylum Seekers 2.8 m Returnees Under its mandate, UNHCR deals with persons who are in need of international protection; Refugees: outside his/her country of origin and unable or unwilling to return due to “a well-founded fear of persecution for one of the reasons set out in the 1951 Convention, or “serious and indiscriminate threats to life, physical integrity, or freedom resulting from generalized violence or events seriously disturbing public order. Asylum seekers: persons seeking international protection with pending decisions on his/her status. Returnees: former refugees / IDPs, (voluntary return, in safety and dignity to at least minimum conditions of physical safety, legal and material safety. Stateless Persons: These are men. Women, children who are not considered to be citizens by any country, thus without any effective national protection, facing discrimination IDPs: those forced to leave their homes, due to armed conflicts, internal strife, systematic violations of human rights, like in refugee-like situations, remaining within the territory of their own country. (UNHCR gets involved in certain conditions (UN’s request, Host Government, funding) 13.7 m Internally Displaced

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

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

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

Asylum seekers unlawfully in the country of refuge - Art. 31 No penalties against “unauthorized entry or presence”, 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.

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)

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)

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)

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

Human Rights Act (No. 39/1999) Art. 28: (1) “Everyone has the right to seek and receive political asylum from another country” (2) “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 Nations”

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) “President has the power to give asylum to aliens upon the consideration of the Minister” (2) Implementation of the Power stipulated in the paragraph (1) has to be regulated by the Presidential Decree. Art. 27: “President establish policy concerning refugee coming from outside this country upon recommendation of the Minister”

Practical Approach Directive: SE Dirjen Imigrasi No. F-IL. 01 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.

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 UDHR, Art. 14: “Everyone has the right to seek and to enjoy in other countries asylum from presecution” ICCPR art. 6 – right to life; art. 2 is right to be treated equaly; art. 7 is not to be subjected inhuman treatment etc ICCPR Art. 13: “ An alian lawfully in the territory of a State Party to the present Covenant may be expelled there from only in pursuance of a decision reached in accordance with law and shall, except where compelling reasons of national security otherwise require, be allowed to submit the reasons against his expulsion and to have his case reviewed by, and be represented for the purpose before, the competent authority or a person or persons especially designated by the competent authority” CAT, Art. 3 – Non Refoulment ICESCR, Art. 2 – Non national and national; No discrimination UDHR Art. 25 – for disable person

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 Article 25 is exception – rights to vote and to stand for election; Article 13 on procedural rights against expulsions, applies only for aliens lawfully in the territory.

The Principle of Non-Refoulement in Human Rights Law UDHR, Art. 5: “No one shall be subjected to torture 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 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”

What does UNHCR do in Indonesia?

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

Durable solutions Voluntary repatriation. Safety and dignity must be guaranteed in country of origin Local integration. When voluntary repatriation not possible. Assimilation in host community. Resettlement. When the above are not possible or appropriate.

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.

Refugees and Asylum Seekers in ASEAN (2007)

Country of Origin Asylum Seekers & Refugees in Indonesia 5 Main Countries for 2007/2008 Iraq Sri Lanka Afghanistan Somalia Myanmar Iraq : 245 Orang Sri Lanka : 96 Orang Afganistan : 44 Orang Somalia : 29 Orang Myanmar : 23 Orang

Derwin Anifah Djamaris Thank you www.unhcr.org Derwin Anifah Djamaris djamaris@unhcr.org