The Role of International Organization in Managing Global Refugee Crisis

December 2, 2016/in ASEAN Notes/by aseansc

Thursday, 24 September 2016

Gedung BD Fakultas Ilmu Sosial dan Ilmu Politik, Universitas Gadjah Mada

This public lecture aims to discuss the problem of refugee issues, which has been increasing compared to the event of World War II. Southeast Asia as the busiest route in the world also serves as the place where refugee crisis is happening the most. Despite the situation, there are international organizations in Southeast Asia who are working to manage the high influx of refugee into this region. Recently, there is a recent development on Rohingya issues in Myanmar, who have always been marginalized and neglected on their rights to live. This serves as a serious global issue that is not far away from our door. The query then, is it relevant for IR? In the context of International Relations, refugee issues works as the most triggering part to question further whether nation-states system has provided the protection of refugee as subaltern. What really matter is that the refugees are there because of the crack and failure of nation-state system. This issue will bring us up to criticize the interconnection of at least four concepts, namely state, citizen, sovereignty, and territory.

This event invites special guests from the Indonesian Representative of United Nations Commission on Human Rights (UNHCR), Ms. Dinna Puspita Hapsari. On the other side, we also have Mr. Lars Stenger who has been working in Indonesia through Jesuit Refugee Service. Each of speaker will talk about their organization perspective on refugees, and the way they treat each of them under respective mechanism.

Ms. Dinna began with providing three main reasons why people move from one place to another place. Economic reasons has become the prominent factor why people move to another place for the sake of higher wage, cheaper living cost, and enjoyable place to live in. The second is social reasons. In the case of someone who is marrying someone from another place, he or she has to move to his or her spouse origin place. This has become common in our society. However, the last reason where people are sometimes neglecting this fact is the security (protection) reason. Some people have to move because of war, conflict, and human rights violation. Living dangerously in their origin place, they decide to migrate to another place for the sake of seeking national protection from states. Although some of them are irregular, this poses a serious problem where the receiving states do not allow them passing through states border. Even some countries do not regard the non-refoulement principle. At this point, border must be seen as a manmade imagination, which is fictionally created by the elites.

Asia Pacific provides the safe place for refugee, particularly Indonesia, which serves as the strategic place for migration. A lot of ports and coastlines give advantage for refugees to berth their boats. However, since Australia declared its new policy to block refugee coming into the country, this situation poses a serious problem for Indonesia whom will has high responsibility accommodating the influx of refugee into the region.

Ms. Dinna explained further about how UNHCR plays its vital role providing the refugee protection under the instruction of the Government of Indonesia. In the case of managing and providing settlement, UNHCR serves as the only international organization who is fully responsible on this issue. UNHCR works under mandates, namely to provide international protection (based on international human rights laws), to seek durable solution for refugee (restore dignity and life), to promote International Refugee Law, and to protect stateless people and Internally Displaced Persons. It also works under Global Sharing Burden where the responsibility to accept refugees should be shared out to each different countries. UNHCR also manages the pull-factor, where refugees who have been living in long-term duration, thus decide to move to another well-living place for settlement.

Notwithstanding, the UNHCR is under-staffed. The high amount of refugees sets problem for UNHCR Indonesia since they have have to spend 24 months for giving the resettlement and status of refugees to 1,200 stateless people. If they decide to maintain the system, we will neglect the fact that we cannot provide protection to all of the refugees. At this point, UNHCR Indonesia claims that they are not in fact managing those refugees instead overwhelmed by this fact.

UNHCR is not only facing the problem of mechanism, but also the administrative problem where they have to proceed the resettlement service of people who are without any proof of identity. For example, Rohingya are born without any birth certificate, passport, and many more, where Indonesia needs all of those administrative stuffs for registration.

Amidst the problem of UNHCR as main organization in settling the problem of refugee, Ms. Dinna also highlights other challenges that are still happening, as follows:

Indonesia has yet to ratify the 1951 Refugee Convention and its 1967 Protocol
The absence of comprehensive and operational legislation and regulations for addressing asylum and refugee issues in Indonesia
The use of detention as a refugee and asylum management
Increasing number of asylum applications in Indonesia

In the next session, Mr. Lars Stenger discusses about the role of Jesuit Refugee Service (JRS) who is already working globally in wide-ranging regions, such as Africa, Asia-Pacific, Europe, Middle East, and South Asia. The unique mechanism they use is involving refugees to work as teachers, health officers, and many more according to their skills. JRS works under three main principles, namely accompany, serve, and advocate. On the daily basis, JRS staffs try to listen to the story of refugees. This practice provides them relief, particularly in understanding of what they are really need. In fact, living under crises and sorority has changed their mindset on the luxury standard. What matters for them is not only eat and live, but to also apply their skills reviving the dignity of life.

JRS comes up with broad definition of refugee. According to JRS, refugee includes the people who are persecuted due to racial, religious, and the membership of social or political group issues; and the victims of armed conflicts, erroneous economic policy, or natural disasters. On the other hand, according to Lars, the refugees are not the crisis. It is the bombing, the torture, the destruction. That is what has been mainly fueling this unprecedented movement of people. To date, JRS has reached 724,500 individual under several services mechanism, such as education, emergency assistance, healthcare, livelihood activities, and social services.

In Africa, JRS has played important role to alleviate the serious threat to people who are being abused due to the endemic sexual violence and the recruitment of child soldiers in Eastern Congo. JRS comes up with campaign to stop people using sexual abuse. Moreover, JRS also puts concern in Asia Pacific through many offices spreading in Thailand, Cambodia, Singapore, Myanmar, Philippines, Indonesia, and Australia. The main activity in this region is assisting refugees in detention.

Before he closed his session, Mr. Stenger underlines the rising concern of xenophobia where western civilizations are afraid of refugees since they look over them as illegal immigrants and even the cells bent from terrorism trying to destroy Western civilization instead of seeing them as naturally as refugees. This is the fact that hampering civil society and humanitarian organization to combat such abnormal thought over refugees.

Q&A Session

Question:

I am curious about UNHCR mandate is to protect stateless people. Whether to talk about the Rohingya massacre the refugees are in fact looking for the international protection and fleeing outside the country looking for Muslim-based country. How UNHCR address the issue of legal administration? How Indonesia government can be involved in cooperation with UNHCR?
Is there any kind of particular mechanism to protect refugees while waiting for the status grant?
How can we ensure this refugee to be accepted in society?

Overall Answers:

UNHCR Mandate is not only to protect, but also to prevent statelessness. Indonesia as natural leader should be pushed to negotiate Myanmar in term of Rohingya persecution. However, frankly speaking, the situation is more complex that what we think. The hate is so deep and Aung San Suu Kyi as the Nobel Awardee is disappointing.
UNHCR protection mechanism is there, but failing. We have Regular Detention Center Monitoring in 13 detention centers. It is simply too expensive to travel to Papua. UNHCR lacks of sources.
We should intervene public opinion on refugees making them to think that refugees can be very beneficial for society.
Indonesians are quiet humble. In Aceh, one refugee tells a story that he has been nicely accepted. Listening and understanding their fear can help us to regard refugee as positive subject. Providing communication and creating safe space.

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RELIGION: BOON OR BANE FOR DEMOCRACY?December 20, 2023 - 12:32 am
In December 2022, the Indonesian government passed a law that penalizes sex outside marriage. This is only one of the many changes in the criminal code that observers warn of the increasing conservatism in the country.

Indonesia houses the largest Muslim population in the world and is also a republic whose democratic experiences and milestones have been widely studied by scholars within and beyond the region. This makes Indonesia a compelling case for reflection on the nexus and tensions between religion and democracy. Is religion compatible with democracy? What opportunities and challenges does the “Islamic Renaissance” entail in the country? Democracy on Religion

Liberal democracy espouses secularism, the separation of church and state, and freedom of religion. In an “ideal” democratic system, the state must not endorse nor support any specific religion while guaranteeing the free exercise of religion among citizens. This is essential in a democracy for many reasons. Religious freedom is a crucial civil right that enhances citizens’ individuality and relations with others. It stops one religion from dominating society, hence promoting diversity and co-existence. At the same time, it prevents policies from being framed according to religious beliefs, which may result in discrimination and repression of fundamental human rights.

Religion and its Tensions with Democracy: The Case of Indonesia

This is particularly important for Indonesia. While the country is predominantly Muslim, Indonesia also has many ethnolinguistic groups with different cultures and practices. It is a challenge in itself to build one nation with an immensely heterogeneous society. The diversity in the country resulted in years of ethnic conflict and violence. Even a religious minority, the Ahmadiyya, faces intimidation and oppression in the exercise of their faith. Indonesia’s dilemma points to the longstanding debate in human rights discourse and practice – are human rights universal, or are they relative to culture and local customs? While I am more inclined to support the former, it is important to be aware and carefully consider the context of a country when designing human rights advocacy and interventions.

However imperfect, the democratization process in Indonesia has assisted in facilitating efforts for reconciliation and balancing competing interests in the country. Recently, the President stunned the world when he acknowledged past grave human rights abuses in the country, including an anti-communist purge in the ’60s and the arrest of democracy activists during the Suharto presidency.

Indonesia sits in between secularism and theocracy. The country’s fundamental law espouses Pancasila, which is the foundational political theory of Indonesia. Through its five principles, Indonesian society believes in one God and aspires to create a just and civilized humanity, unity, democracy, and social justice for all. This tells us that, by principle, Indonesia gives importance to pluralism and citizenship. Scholars and practitioners of the law also adopt legal pluralism and believe that different legal systems are complementary rather than contradictory. For example, community practices and customs are considered along with national and local regulations in settling disputes and conflicts at the village level.

However, in recent years, Indonesia has seen the expanding role of Islam in the country’s social and political life. Aside from Islam being a “source of ethical and cultural guidance”, many Islamic organizations have secured formal power, which allows them to easily introduce measures within the state apparatus that cement their own interests. Hardliner Islamic groups have also proliferated, and fundamentalist thought and practices are becoming more and more widespread. Islamic identity politics have also been evident since Widodo coalesced with conservative Islamic factions and appointed Amin, an influential Islamic figure, as his vice president. The new penal code tends to be more religious than secular. This has implications for Indonesia’s supposed secularism and diversity. How can the Indonesian government best represent the interests and aspirations of all?

As Indonesia continues to modernize and extend its economic and political ascendancy in the region, rapid changes in its social relations and dynamics are also expected. This demands a more careful look at the kind of laws and “social controls” that the government enforces. Suppose conservative forces are forwarding laws in the name of protecting tradition and keeping Indonesian values in check. In that case, it should not be at the expense of fundamental civil and political liberties, nor should it be to repress vulnerable groups even further, such as women, LGBT+, and ethnic communities. Admittedly, this is easier said than done. Hence, political representation must reflect the diversity and vibrance of Indonesian society. If only one group dominates political and policy discourse, it ultimately jeopardizes the general will.

When religion becomes the yardstick for crafting rules and policies, it creates biases, whether intended or not. Propositions that are credible and necessary but “contradictory” to a certain religion may be rejected simply because they do not fit the personal convictions of decision-makers. Integrating religion into politics usually leads to oppressive and harmful policymaking. Religion is also a form of heuristics or cognitive shortcut that devalues deliberation and discussion. Instead of scrutinizing issues, people may resort to using their religion as the sole basis for their position on a particular matter. Democracies ought to be deliberative and pluralistic.

Human rights activists and organizations in Indonesia have sounded the alarm on many changes in the criminal code that could stifle individual freedoms and lead to setbacks in the country’s democratic progress. Aside from banning sex outside marriage, the government also reinstated laws that criminalize insulting the President and other state officials and institutions. They also increased the punishment for blasphemy. These laws can be disproportionately used against individuals and groups with legitimate criticisms and concerns about the government. It may also render already marginalized communities even more vulnerable. Religion, Populism, and Repression

This trend is not only unique to Indonesia. Much of the world has seen the rise of “nationalist” movements, often within the pretext of religion and safeguarding culture. India’s Modi has exhibited Hindu nationalist tendencies, which have meant greater intolerance against the Muslim minority in the country. Myanmar’s Tatmadaw has weaponized Buddhism to rally support from the public and account for its atrocities.

The use of religion to justify repressive and oppressive regimes is apparent. Religion is an effective tool to unify a group of people and subject them to a specific set of beliefs and values, which may be highly prejudiced and absurd. Religion acts as a moral compass that defines what is right and what is wrong. Because religion is subjective, it can easily be manipulated to serve political objectives. Populists and autocrats can bastardize religion to create a public enemy, instill an “us vs them” mentality, and sow further polarization.

Failed democracies thrive out of fear, whether it is real or manufactured. Religion can be a potent force to ingrain this fear. This hysteria against change and modernization is easy to whip up when people already have preexisting beliefs. It is not too difficult to segregate people and label them as the “other”. When this distinction is entrenched, it is convenient to normalize discrimination and violence.

It is said that Indonesia is a model for “Moderate Islam” when compared to the Middle East; the “Indonesian way” can complement Western values and democracy. It also has the potential to correct Islamophobia and promote Islam as a religion of peace. On the other hand, if Indonesia cannot find its balance and condone fundamentalist and hardliner Islamic groups to flourish, Indonesia will certainly regress in its hard-won democratic gains.

Religion has inherent contradictions with democracy. Subscribing to a religion and structuring a supposedly diverse society using its tenets is monopolistic and can bring about intolerance. It is paramount for democracies to ensure that civil, political, and socioeconomic rights are not deprived based on religion and other forms of cleavages. The access and exercise of power should be as widely distributed as possible. Public office should not be limited to certain political clans or religious organizations. For instance, at the village level, cultural and socioeconomic elites must share power and administration with vulnerable and historically marginalized groups. There are more reasons and illustrative cases, present and past, to posit that religion is more of a bane than a boon to democracy. At the moment in world history when (dis)information is fast and instant, we must maintain vigilance in dealing with autocratic agendas in the guise of “respecting” values and tradition. It is easier to believe and conform than to reflect and deliberate. But democracy dies when we rely on shortcuts to define what is good for us. Democracy dies, slowly and deliberately, when we allow a few to sabotage our freedoms and liberties to increase their own. Demagogues and despots are usually cunning and do things “in the name of God”.

REFERENCES

Evans, M. S. (2014). Religion and political decision making. Journal for the Scientific Study of Religion, 53(1), 145–163. http://doi:10.1111/jssr.12088

Evans, T. (2012). Separation of Mosque and State in Indonesia. Policy, 27(4), 35–39.

Głodek, A., & Grzywacz, A. (2020). Indonesia – between religion and democracy, Warsaw: Boym Institute. Retrieved from https://instytutboyma.org/en/indonesia-between-religion-and-democracy

Jaffrey, S. (2020). Is Indonesia Becoming a Two-Tier Democracy?, Washington D.C.: Carnegie Endowment for International Peace.

Jamaluddin, M., Chen, H. & Watson, A. (2022). Indonesia bans sex outside marriage as parliament passes sweeping new criminal code, Jakarta: CNN.

Klinken, G. v. (2019). Living in a Sacred Cosmos: Indonesia and the Future of Islam. Journal of the Humanities and Social Sciences of Southeast Asia, 175(1), 81–135. http://doi:10.1111/jssr.12088

McWilliams, E. (2018). Democracy in Indonesia: A Progress Report, Washington D.C.: The Foreign Service Journal.

Nagda, A. (2020). The Diplomat. [Online] Available at: https://thediplomat.com/2020/03/the-islamization-of-indonesias-foreign-policy/

Omelicheva, M. & Ahmed, R. (2018). Religion and politics: examining the impact of faith on political participation. Religion, State, and Society, 46(1), 4–25.

The World Factbook. (2023). Indonesia, s.l.: Central Intelligence Agency.

Wieringa, S. E. (2006). Islamization in Indonesia: Women Activists’ Discourses. Signs: Journal of Women in Culture and Society, 32 (1), 40–27.

Short Biography:

Kay Conales is a student of the Asia Pacific-Master of Arts in Human Rights and Democratization of the Institute of Human Rights and Peace Studies (IHRP) of Mahidol University (Thailand). She also studied in the Faculty of Social and Political Sciences (FISIPOL) of APMA’s partner-university Universitas Gadjah Mada (Indonesia). She can be reached through e-mail at ksconales@gmail.com.

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