tag:theconversation.com,2011:/fr/topics/bali-process-25881/articlesBali Process – The Conversation2016-05-26T20:09:53Ztag:theconversation.com,2011:article/596872016-05-26T20:09:53Z2016-05-26T20:09:53ZThe Andaman Sea refugee crisis a year on: is the region now better prepared?<p><em>The Andaman Sea crisis a year ago catalysed important policy developments on forced migration in Southeast Asia. <a href="http://theconversation.com/the-andaman-sea-refugee-crisis-a-year-on-what-happened-and-what-has-the-region-learned-59686">Part one</a> recapped what happened, and how the region responded. In part two, we discuss what’s happened since the crisis, and what’s needed to avoid similar events in future.</em></p>
<hr>
<p>If progress toward a “fix” on future forced displacement crises such as that which took place in the Andaman Sea a year ago was measured in the number of regional meetings that have taken place, it would be plentiful.</p>
<p>Since the temporary resolution of the crisis was announced on May 29, 2015, at the <a href="http://www.mfa.go.th/main/en/media-center/14/56880-Summary-Special-Meeting-on-Irregular-Migration-in.html">Special Meeting on Irregular Migration in the Indian Ocean</a> in Bangkok, there have been an <a href="http://asean.org/asean-ministers-meet-on-irregular-movement-of-persons/">unprecedented</a> <a href="http://www.thejakartapost.com/news/2015/11/28/ri-seeking-solutions-illegal-migration.html">number</a> <a href="http://www.mfa.go.th/main/en/media-center/28/62757-Result-of-the-2nd-Special-Meeting-on-Irregular-Mig.html">of</a> <a href="http://www.baliprocess.net/ministerial-conferences-and-senior-officials-meetings">meetings</a> in the region.</p>
<h2>Where has this left us?</h2>
<p>Despite the promise of the <a href="http://www.baliprocess.net/ministerial-conferences-and-senior-officials-meetings">Bali Process ministerial meeting outcome</a> from March 2016, the sheer number of meetings hasn’t translated to concerted action.</p>
<p>Meanwhile, not all commitments made during the Andaman Sea crisis have been honoured. And the global crisis shows no sign of abating.</p>
<p>A year ago Indonesia and Malaysia <a href="http://www.mfa.go.th/main/en/media-center/14/56880-Summary-Special-Meeting-on-Irregular-Migration-in.html">agreed to</a>:</p>
<blockquote>
<p>… provide humanitarian assistance and temporary shelter to those 7,000 irregular migrants still at sea provided that the resettlement and repatriation process [would be completed] in one year by the international community. </p>
</blockquote>
<p>A number of international donors assisted the two countries.</p>
<p>Between May 10 and July 30, 2015, <a href="http://www.iom.int/sites/default/files/situation_reports/file/iom-bay-bengal-and-andaman-sea-crisis-situation-report-april-2016.pdf">more than 5,000 people</a> who departed from Myanmar and Bangladesh managed to disembark in Bangladesh, Indonesia, Malaysia, Myanmar and Thailand. Between September and December 2015 embarkations resumed. At least another 1,500 people left Myanmar and Bangladesh.</p>
<p>Of the arrivals, 2,646 Bangladeshis were returned to Bangladesh. Another 1,132 Myanmar Muslims from Rakhine State and Bangladeshis continue to be housed in detention and shelters in Indonesia, Thailand and Malaysia. Of those still detained in Indonesia and Thailand, more than 95% are Rohingyas.</p>
<p>Indonesia’s partnership with the UN High Commissioner for Refugees to verify the status of Rohingya and Bangladeshi arrivals in Aceh and Medan <a href="http://www.irinnews.org/report/101631/indonesia%E2%80%99s-aceh-warm-welcome-refugees-sea-misery">has been commended</a>. So too has a draft <a href="http://www.channelnewsasia.com/news/asiapacific/indonesia-to-build/1892800.html">presidential decree</a> on handling asylum seekers, though this is still unsigned. </p>
<p>But there are unconfirmed reports that a sizeable number of the Rohingya people who were rescued <a href="https://www.irinnews.org/news/2016/04/15/where-are-rohingya-boat-survivors-now">later disappeared</a> from temporary camps, headed to Malaysia.</p>
<p>Conditions in many detention facilities and shelters remain fraught. Tuberculosis infections in Malaysian facilities have <a href="https://www.irinnews.org/news/2016/04/15/where-are-rohingya-boat-survivors-now">prolonged</a> processing. And earlier this week, Thai police <a href="http://www.fortifyrights.org/publication-20160524.html">reportedly</a> shot and killed a Rohingya refugee <a href="http://www.khaosodenglish.com/detail.php?newsid=1464066973">who had fled</a> the Phang Nga detention centre in southern Thailand with 20 other Rohingya men.</p>
<p>The Malaysian and Indonesian governments have yet to clarify the status of those who remain.</p>
<p>Progress on tackling the root causes of movement in Rakhine State has been continually frustrated despite glimmers of hope.</p>
<p>The leader of Myanmar’s ruling party, Aung San Suu Kyi, <a href="http://www.reuters.com/article/us-myanmar-usa-kerry-idUSKCN0YD01E">recently requested</a> “enough space” to resolve the issue at a joint press conference with US Secretary of State John Kerry. Yet, earlier this month, <a href="http://uk.reuters.com/article/uk-myanmar-usa-rohingya-idUKKCN0Y10S5">she asked</a> the US ambassador to Myanmar to stop using the term “Rohingya”. Perhaps what Suu Kyi desires is <a href="http://insidestory.org.au/myanmar-and-the-rohingya-the-case-for-quiet-diplomacy">“quiet diplomacy”</a>.</p>
<p>On the ground, few changes to the plight of the Rohingya are noticeable. So long as human rights violations in countries of origin and the root causes of forced migration are not solved, the flight and plight of those people will continue.</p>
<h2>Same old plan</h2>
<p>The plan <a href="http://www.mfa.go.th/main/en/media-center/14/56880-Summary-Special-Meeting-on-Irregular-Migration-in.html">agreed to</a> in Bangkok last May, to prevent irregular migration, smuggling of migrants and trafficking in persons, was hardly revolutionary.</p>
<p>Countries undertook, among other promises, to:</p>
<ul>
<li><p>eradicate transnational organised crime smuggling and trafficking syndicates;</p></li>
<li><p>strengthen co-operation between law enforcement authorities and complementary data collection;</p></li>
<li><p>establish key national contact points; and </p></li>
<li><p>enhance legal, affordable and safe channels of migration.</p></li>
</ul>
<p>There was also a commitment to form a:</p>
<blockquote>
<p>… mechanism or joint taskforce to administer and ensure necessary support, including resources as well as resettlement and repatriation options from the international community.</p>
</blockquote>
<p>That taskforce has yet to be established, let alone convened, despite two follow-up meetings. Permanent resettlement places for those Rohingya who disembarked <a href="https://au.news.yahoo.com/world/a/31508986/a-year-on-asias-boat-people-trapped-in-desperate-limbo/">remain scarce</a>.</p>
<p>What’s more, framing continues to focus on the “irregularity” or “illegality” of such movements, even though they are now routine. The focus cannot be fighting crime over developing protection-sensitive infrastructure. It can be both.</p>
<p>The most promising developments are the new consultation mechanism agreed by the Bali Process in March 2016, the <a href="http://asia.nikkei.com/Politics-Economy/International-Relations/Trust-fund-set-up-to-tackle-human-trafficking">creation</a> of an ASEAN Regional Trust Fund to <a href="http://www.thejakartapost.com/news/2015/07/02/asean-launches-fund-share-cost-hosting-trafficking-victims.html">support victims of human trafficking</a>, and the adoption in November 2015 of the <a href="http://asean.org/asean-convention-against-trafficking-in-persons-especially-women-and-children/">ASEAN Convention Against Trafficking in Persons, Especially Women and Children</a>.</p>
<h2>A New York moment?</h2>
<p>In September, US President Barack Obama and UN Secretary-General Ban Ki-moon <a href="http://www.iiea.com/news/summit-on-addressing-large-movements-of-refugees-and-migrants-to-be-held-in-un-general-assembly-in-september-2016">will convene</a> high-level summits in New York on refugees and migrants.</p>
<p>The recent Bali Process outcome, if used strategically, could provide a platform and framework for a more functional and enduring system to be put in place before the next crisis. As Indonesian Foreign Minister Retno Marsudi <a href="http://www.smh.com.au/world/indonesia-says-bali-process-failure-on-refugee-crisis-must-not-happen-again-20160323-gnpnb6.html">said</a>: </p>
<blockquote>
<p>This must not happen again.</p>
</blockquote>
<p>Our region is now in a position to broker more predictable and effective responses – even preventative action. Such promise must be translated into action. </p>
<p>Forced migration is now a global phenomenon, <a href="http://www3.weforum.org/docs/Media/TheGlobalRisksReport2016.pdf">identified</a> by the World Economic Forum as the top global risk in terms of likelihood, and the fourth in terms of impact.</p>
<p>Despite the many efforts and promises made, no comprehensive and systematic responses to irregular movements of people, especially those in need of international protection, have been instituted.</p>
<p>Much of the focus has been on the Middle East and Europe, but Asian displacement is similarly confronting. Overall numbers of those displaced in Asia <a href="http://www.unhcr.org/2014trends/?utm_source=Press+Release+-+18+June+2015+-+UNHCR+warns+of+dangerous+new+era+in+worldwide+displacement+as+report&utm_medium=email&utm_term=submit@reliefweb.int&utm_content=http%3a%2f%2fwww.unhcr.org%2f2014trends&utm_campaign=">rose by 31% in 2014</a>. Afghanistan remains the world’s second-leading producer of refugees. Climate-induced migration is <a href="http://mobile.nytimes.com/2016/05/03/us/resettling-the-first-american-climate-refugees.html?smid=tw-share&_r=0&referer=https://t.co/71SVj0CdrK">expected to accelerate</a>.</p>
<p>Unless managed more effectively, forced migration will have permanent and intensifying negative impacts on countries in our region and globally.</p>
<p>Experts around the world have <a href="https://www.ted.com/talks/alexander_betts_our_refugee_system_is_failing_here_s_how_we_can_fix_it?language=en">begun advancing ideas</a> for new migration pathways for those in humanitarian need, in addition to refugees. By September, plans for more robust architecture on forced migration will need to be more advanced. Countries in our region must not rest on their laurels.</p><img src="https://counter.theconversation.com/content/59687/count.gif" alt="The Conversation" width="1" height="1" />
<p class="fine-print"><em><span>Peter Hughes is Fellow of the Centre for Policy Development.</span></em></p><p class="fine-print"><em><span>Steven Wong works for the Institute of Strategic and International Studies (ISIS) Malaysia, an independent not-for-profit national think tank devoted to national, regional and international concerns and issues. ISIS Malaysia does not hold an institutional position and views and opinions expressed are solely those of the author.</span></em></p><p class="fine-print"><em><span>Travers McLeod is CEO of the Centre of Policy Development. The Asia Dialogue on Forced Migration is convened by CPD, the Institute for Strategic and International Studies in Malaysia, Mahidol University’s Institute of Human Rights and Peace Studies in Thailand, and the Indonesian Institute of Sciences. The Dialogue has received funding or in-kind support from the Sidney Myer Fund, the Vincent Fairfax Family Foundation, the Planet Wheeler Foundation, Corrs Chambers Westgarth Lawyers, Qantas and individual donors.</span></em></p><p class="fine-print"><em><span>Sriprapha Petcharamesree and Tri Nuke Pudjiastuti do not work for, consult, own shares in or receive funding from any company or organisation that would benefit from this article, and have disclosed no relevant affiliations beyond their academic appointment.</span></em></p>Plans for more robust architecture on forced migration need to be more advanced. Countries in our region must not rest on their laurels.Sriprapha Petcharamesree, Director of the International PhD Program in Human Rights and Peace Studies, Institute of Human Rights and Peace Studies, Mahidol UniversityPeter Hughes, Visiting Fellow, Crawford School of Public Policy and Visitor, Regnet School of Regulation and Global Governance, Australian National UniversitySteven Wong, Deputy Chief Executive, Institute of Strategic and International StudiesTravers McLeod, Honorary Fellow in the School of Social and Political Sciences, The University of MelbourneTri Nuke Pudjiastuti, Researcher, Research Centre for Politics, Indonesian Institute of Sciences (LIPI)Licensed as Creative Commons – attribution, no derivatives.tag:theconversation.com,2011:article/596862016-05-25T20:11:52Z2016-05-25T20:11:52ZThe Andaman Sea refugee crisis a year on: what happened and how did the region respond?<figure><img src="https://images.theconversation.com/files/123520/original/image-20160523-9551-13g6et0.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=496&fit=clip" /><figcaption><span class="caption">Regional leaders must continue to take concrete steps to avoid a repeat of the 2015 Andaman Sea refugee crisis.</span> <span class="attribution"><span class="source">Reuters/Soe Zeya Tun</span></span></figcaption></figure><p>Twelve months ago, <a href="https://theconversation.com/south-east-asias-migrant-boat-crisis-is-a-global-responsibility-41698">events in the Andaman Sea</a> exposed the grave reality of forced displacement in Southeast Asia. This culminated in a <a href="http://www.bangkokpost.com/learning/learning-from-news/576619/thailand-hosts-boat-people-conference-today">crisis meeting</a> between governments in Thailand on May 29, 2015.</p>
<p>More than <a href="https://www.amnesty.org/en/latest/news/2015/05/why-are-the-rohingya-fleeing-myanmar/">25,000 people</a> had fled Myanmar and Bangladesh <a href="http://www.smh.com.au/world/desperate-killings-at-sea-rohingya-fleeing-myanmar-20150517-gh3dpo.html#ixzz49S9oKMpE">by boat</a>. Around <a href="http://www.bbc.com/news/world-asia-32740637">8,000</a> were stranded at sea. Around 370 are believed to <a href="http://www.thejakartapost.com/news/2016/03/24/bali-process-pledges-agile-response-refugees.html">have died</a>. </p>
<p>The regional response was sorely inadequate. But, one year on, the region is showing signs it is determined to ensure similar crises are avoided.</p>
<h2>One million outsiders</h2>
<p><a href="https://theconversation.com/between-the-devil-and-the-deep-blue-sea-the-rohingyas-dilemma-42359">The Rohingya people</a> have fled Myanmar and neighbouring Bangladesh by land and sea for decades. They are the <a href="http://fivethirtyeight.com/datalab/myanmars-rohingya-refugees-are-the-worlds-largest-group-of-stateless-people/">largest-known group</a> of stateless people in the world.</p>
<p><a href="http://www.fortifyrights.org/downloads/Yale_Persecution_of_the_Rohingya_October_2015.pdf">An estimated one million Rohingya</a> live in Rakhine State in Myanmar’s west. They are denied basic rights and subject to persecution. </p>
<p>Bangladesh is home to <a href="http://www.kaladanpress.org/index.php/news/375-news2014/november-2014/4695-bangladesh-president-urges-for-permanent-solution-to-rohingya-issue.html">between 300,000 and 500,000 Rohingya</a>. But the United Nations High Commissioner for Refugees <a href="https://newmatilda.com/2015/10/23/inside-the-rohingya-refugee-camps-why-people-will-keep-getting-on-boats/">considers only around 30,000 to be refugees</a>.</p>
<p>Many of those fleeing have had no choice but to pay for their passage. In many cases this has led to exploitation at the hands of smugglers or traffickers. In recent years the scale and urgency of these movements have increased in response to growing <a href="http://uk.reuters.com/article/uk-myanmar-rohingya-idUKKCN0HS0BT20141003">oppression</a> and <a href="http://www.huffingtonpost.com/azeem-ibrahim/who-is-instigating-the-vi_b_7810972.html">violence</a>.</p>
<h2>What happened a year ago?</h2>
<p>On May 1, 2015, a <a href="http://www.abc.net.au/news/2015-05-01/mass-grave-of-migrants-found-in-south-thailand-rescuer-says/6439028">mass grave</a> containing the remains of more than 30 bodies was discovered in the Sadao district of Thailand, a few hundred metres from the Malaysia border.</p>
<p>On May 5, three Thai officials and a Myanmar national <a href="http://www.thephuketnews.com/police-target-trafficking-kingpins-52158.php">were arrested</a> in Thailand for suspected involvement in human trafficking. Two days later more than 50 Thai police officers <a href="http://www.reuters.com/article/us-thailand-rohingya-trafficking-idUSKBN0NS0CN20150507">were reprimanded</a> and a clean-up of suspected camps around the country was ordered.</p>
<p><a href="http://www.theaustralian.com.au/national-affairs/immigration/refugee-deal-puts-turnbacks-in-doubt/news-story/a7105e2b2497356fff36407e05f04938">Interceptions of boats</a> began. Thai, Malaysian and Indonesian authorities reportedly intercepted boats of asylum seekers and pushed them back out to sea. This led to smugglers and traffickers abandoning boatloads of people on the water. </p>
<p><a href="http://m.todayonline.com/world/asia/6000-rohingya-bangladeshi-migrants-stranded-sea">An estimated 6,000 Rohingya and Bengalis</a> were stranded by May 12, most without food or water. Amid ongoing boat pushbacks, around 3,000 people <a href="http://www.themalaymailonline.com/malaysia/article/migrant-crisis-the-boats-and-the-numbers">were rescued</a> by Indonesian and Malaysian local officials and fishermen, or swam to shore.</p>
<p>On May 19, the Philippines <a href="http://www.aljazeera.com/news/2015/05/philippines-accept-rohingya-migrants-150519091830125.html">offered assistance</a> to the Rohingya and Bengali migrants. </p>
<p>The following day, foreign ministers from Thailand, Indonesia and Malaysia <a href="http://www.nytimes.com/2015/05/21/world/asia/indonesia-malaysia-rohingya-bangladeshi-migrants-agreement.html?_r=0">met in Malaysia</a>. The Indonesian and Malaysian ministers announced they would no longer push boats back out to sea. They agreed to offer temporary shelter, provided the international community resettled and repatriated the refugees within one year.</p>
<p>Thailand did not sign onto the deal. Indonesia, Malaysia, Thailand, Bangladesh and Myanmar <a href="http://www.bbc.com/news/world-asia-32822508">conducted search-and-rescue operations</a> for those still stranded at sea. Thailand <a href="http://www.thephuketnews.com/thai-navy-to-deploy-7-vessels-to-assist-rohingyas-52489.php">deployed navy vessels</a> as floating assistance platforms.</p>
<p>The international community, including <a href="http://www.middleeasteye.net/news/qatar-pledges-50-million-indonesia-hosting-rohingya-refugees-1053290332">Qatar</a>, <a href="http://tribune.com.pk/story/421139/saudi-arabia-gives-50-mln-aid-to-myanmar-muslims/">Saudi Arabia</a>, <a href="http://www.japantimes.co.jp/news/2015/06/20/national/politics-diplomacy/japan-provide-3-5-million-emergency-aid-rohingya-migrants/">Japan</a>, <a href="http://www.dailysabah.com/asia/2015/05/21/gambia-opens-arms-to-rohingyas-muslims">Turkey, Gambia and the US</a>, subsequently pledged financial support for relief, processing and resettlement. Some offered settlement places. </p>
<p>Australia pledged A$4.7 million to <a href="http://www.minister.border.gov.au/peterdutton/2015/Pages/helping-the-region-to-address-irregular-migration.aspx">support populations in Myanmar and Bangladesh</a>. When asked whether any of the refugees would be settled in Australia, then-prime minister Tony Abbott infamously pronounced:</p>
<blockquote>
<p><a href="https://theconversation.com/australia-can-do-better-on-asian-boat-crisis-than-nope-nope-nope-42255">Nope, nope, nope</a>.</p>
</blockquote>
<p>On May 26, Malaysian police <a href="http://www.abc.net.au/news/2015-05-24/mass-graves-of-suspected-trafficking-victims-found-in-malaysia/6493400">found the remains</a> of almost 140 bodies, believed to be migrants from Myanmar and Bangladesh, in abandoned jungle camps near the Thai border. Police officials were detained on suspicion of being involved.</p>
<p>Finally, on May 29, the Thai government convened a <a href="http://www.mfa.go.th/main/en/media-center/14/56880-Summary-Special-Meeting-on-Irregular-Migration-in.html">special meeting</a>. Fifteen countries and key international organisations participated. They offered an immediate commitment to protect those at sea, announced plans to develop a comprehensive plan to address irregular migration, and agreed to tackle root causes over the long term. </p>
<h2>What the region has learned</h2>
<p>The collective leadership of the Thai meeting during the Andaman Sea crisis was welcome. But a one-off meeting should not be the norm for managing mass displacement events.</p>
<p>Regional institutions and processes – ASEAN, the Bali Process and the Jakarta Declaration – were largely muted during the crisis. The lack of robust normative or policy frameworks to manage forced migration in the region was exposed. So too was a reticence to create “pull factors”, and the overall absence of protection-sensitive infrastructure. </p>
<p>Tellingly, the Bali Process did not have functioning mechanisms for senior officials across the region to respond. A culture of consensus and non-interference left ASEAN relatively hamstrung.</p>
<p>Bali Process ministers <a href="http://www.baliprocess.net/files/BPMC%20Co-chairs%20Ministerial%20Statement_with%20Bali%20Declaration%20attached%20-%2023%20March%202016.docx.pdf">met in March 2016</a> for the first time since 2013. The outcome reached was significant. There will now be a formal review of the Andaman Sea crisis to draw on lessons learned and work to implement necessary improvements, including contingency planning and preparedness for potential large influxes. </p>
<p>Just as important, a new regional response mechanism has been created. This authorises senior officials to consult and convene meetings with affected and interested countries in response to irregular migration issues or future emergency situations. </p>
<p>Bali Process countries conceded individual and collective responses have been inadequate. The region is now in a position to broker more predictable and effective responses – even preventative action – to forced migration. </p>
<p>These reforms responded to collective disappointment over the failure to act last May. They drew on ideas generated by the <a href="http://cpd.org.au/intergenerational-wellbeing/asia-dialogue-on-forced-migration/">Asia Dialogue on Forced Migration</a>. </p>
<p>Importantly, reforms have also occurred in ASEAN, principally through its adoption of a <a href="http://www.asean.org/asean-convention-against-trafficking-in-persons-especially-women-and-children/">Convention Against Trafficking in Persons, Especially Women and Children</a>, and its renewed commitment to share expertise and development capabilities on <a href="http://www.asean.org/asean-shares-experience-to-saarc-in-setting-up-regional-disaster-response-mechanisms/">regional disaster response mechanisms</a>. This will be vital as climate-induced migration becomes more prevalent. </p>
<p>There has been progress too – albeit limited – on root causes of the crisis. The election of the National League for Democracy as Myanmar’s ruling party has raised <a href="http://www.abc.net.au/news/2016-05-23/suu-kyi-calls-for-space-to-address-myanmar's-rohingya-issue/7436150">hopes</a> the Rohingya people may eventually find a safer home in Rakhine State. And leadership from Indonesia in <a href="http://www.thejakartapost.com/news/2015/06/04/myanmar-ri-plan-develop-rakhine-state.html">building</a> schools there and continued pressure from the <a href="http://www.theguardian.com/world/2016/may/14/most-myanmar-sanctions-renewed-us-officials">US</a> continue to be vital. </p>
<p>Regional leaders have started making the right noises, but must continue to take concrete steps.</p>
<hr>
<p><em>This is part one of a two-part special on the Andaman Sea crisis a year on. Tomorrow, part two will look at whether the region is better prepared for similar events.</em></p><img src="https://counter.theconversation.com/content/59686/count.gif" alt="The Conversation" width="1" height="1" />
<p class="fine-print"><em><span>Travers McLeod is CEO of the Centre of Policy Development. The Asia Dialogue on Forced Migration is convened by CPD, the Institute for Strategic and International Studies in Malaysia, Mahidol University’s Institute of Human Rights and Peace Studies in Thailand, and the Indonesian Institute of Sciences. The Dialogue has received funding or in-kind support from the Sidney Myer Fund, the Vincent Fairfax Family Foundation, the Planet Wheeler Foundation, Corrs Chambers Westgarth Lawyers, Qantas and individual donors.</span></em></p><p class="fine-print"><em><span>Peter Hughes is Fellow of the Centre for Policy Development.</span></em></p><p class="fine-print"><em><span>Steven Wong works for the Institute of Strategic and International Studies (ISIS) Malaysia, an independent not-for-profit national think tank devoted to national, regional and international concerns and issues. ISIS Malaysia does not hold an institutional position and views and opinions expressed are solely those of the author.</span></em></p><p class="fine-print"><em><span>Sriprapha Petcharamesree and Tri Nuke Pudjiastuti do not work for, consult, own shares in or receive funding from any company or organisation that would benefit from this article, and have disclosed no relevant affiliations beyond their academic appointment.</span></em></p>The region is showing signs it is determined to ensure similar mass displacement crises such as that which took place in the Andaman Sea in 2015 are avoided.Travers McLeod, Honorary Fellow in the School of Social and Political Sciences, The University of MelbournePeter Hughes, Visiting Fellow, Crawford School of Public Policy and Visitor, Regnet School of Regulation and Global Governance, Australian National UniversitySriprapha Petcharamesree, Director of the International PhD Program in Human Rights and Peace Studies, Institute of Human Rights and Peace Studies, Mahidol UniversitySteven Wong, Deputy Chief Executive, Institute of Strategic and International StudiesTri Nuke Pudjiastuti, Researcher, Research Centre for Politics, Indonesian Institute of Sciences (LIPI)Licensed as Creative Commons – attribution, no derivatives.tag:theconversation.com,2011:article/561522016-03-22T02:54:10Z2016-03-22T02:54:10ZThe boats may have ‘stopped’, but more refugees are stuck in limbo in Indonesia<p>Ahead of a regional forum to <a href="http://www.baliprocess.net/ministerial-conferences-and-senior-officials-meetings">combat people smuggling</a> this week, Indonesia has requested that Australia accept more of the growing number of refugees <a href="http://www.thejakartapost.com/news/2016/03/18/ri-ask-australia-relax-refugee-policy.html">stuck there in transit</a>. </p>
<p>Since Australia enacted its controversial <a href="https://theconversation.com/tough-guys-operation-sovereign-borders-vs-the-png-solution-16443">Operation Sovereign Borders</a> policy in September 2013, more and more refugees are spending longer periods in limbo in Indonesia. </p>
<p>Their lives are put on hold for years – having no rights to work or study – as they wait for resettlement to a country where they can continue their lives.</p>
<h2>After Operation Sovereign Borders</h2>
<p>Three months after Operation Sovereign Borders was put in place there were <a href="http://www.unhcr.org/54cf9bd69.html">10,316</a> asylum seekers and refugees in Indonesia. By January 2016 that number had reached <a href="http://www.thejakartapost.com/news/2016/03/18/ri-ask-australia-relax-refugee-policy.html">13,679</a> – the highest in Indonesia in the last <a href="http://suaka.or.id/2015/07/09/supporting-system-of-refugee-and-asylum-seekers-in-indonesia/">16 years</a>.</p>
<p>The United Nations High Commissioner for Refugees (UNHCR) in Indonesia is <a href="http://www.unhcr.org/50001bda9.html">underfunded</a> and struggles to cope with these increasing numbers. </p>
<p>In February 2014, the average waiting time between registration and the first interview to determine refugee status with the UNHCR was between <a href="http://www.thejakartapost.com/news/2014/04/04/asylum-seekers-stuck-indonesia.html">seven and 11 months</a>. By August 2015, there was a backlog of more than 6000 asylum seekers waiting to be interviewed. The average waiting period had increased to between <a href="http://www.unhcr.org/50001bda9.html">eight and 20 months</a>. </p>
<p>While the number of asylum seekers and refugees in Indonesia increases, the number of places available for resettlement to a third-party country is shrinking. </p>
<p>Since November 2014, Australia has limited its refugee intake from Indonesia to <a href="http://www.unhcr.org/cgi-bin/texis/vtx/refdaily?pass=52fc6fbd5&id=546aff978">450 places per year</a>. Previously, Australia had provided places for the majority of refugees in Indonesia, accepting around <a href="https://bookshop.iseas.edu.sg/publication/2103">two-thirds</a> of all cases between 2000 and 2013. In 2013 alone, Australia accepted <a href="https://bookshop.iseas.edu.sg/publication/2103">815 of the total 900</a> resettled refugees.</p>
<p>Australia announced in November 2014 that it would not resettle any refugee registered with the UNHCR in Indonesia <a href="http://www.abc.net.au/news/2014-11-18/resettlement-path-for-asylum-seekers-in-indonesia-cut-off/5900962">after July 1, 2014</a>. </p>
<p>At the time, <a href="http://suaka.or.id/2014/11/20/suaka-press-release-australian-policy-against-refugee-resettlement-further-complicates-refugee-transit-in-indonesia/">nearly 2000</a> asylum seekers had already been registered between July and November. By August 2015 a <a href="http://www.unhcr.org/50001bda9.html">further 3100</a> had been added to the list. </p>
<p>Refugees in Indonesia will have to hope that countries like New Zealand, Canada and the US increase their intake to compensate for Australia’s cuts.</p>
<p>But, as the world faces a global refugee crisis due to the war in Syria, it is becoming much harder to find resettlement places for refugees stuck in Indonesia. While Germany accepted <a href="http://www.smh.com.au/world/indonesia-appeals-to-australia-to-accept-more-refugees-20160314-gnimon.html">98 refugees</a> from Indonesia in 2014, it is now overwhelmed by the situation in Europe. </p>
<h2>Transit point</h2>
<p>Indonesia is not a signatory to the <a href="http://www.unhcr.org/pages/49da0e466.html">Refugee Convention</a>, but has long been a transit country for asylum seekers.</p>
<p>At the end of the Vietnam War, Indonesia hosted tens of thousands of Indochinese refugees before their resettlement in countries like Australia, Canada and the US. </p>
<p>In 1999, asylum seekers from the Middle East started using Indonesia as the last transit point on a clandestine journey to Australia. </p>
<p>Prior to 2013, the Australian government lobbied Indonesia to intercept and arrest asylum seekers before they left the country by boat for Australia. </p>
<p>The flow of boats to Australia has now all but ceased. There is also little need for interception: asylum seekers have started to surrender themselves to authorities out of destitution. </p>
<h2>Life in transit</h2>
<p>While asylum seekers and refugees are permitted to live in the community in Indonesia, the UNHCR is unable to provide any form of support for the majority of them. </p>
<p>In this situation, many quickly become destitute and are forced to “<a href="http://www.thejakartapost.com/news/2014/04/04/asylum-seekers-stuck-indonesia.html">sacrifice their freedom for food</a>” by surrendering themselves to authorities to enter immigration detention. Doing so ensures they will at least have somewhere to sleep and something to eat.</p>
<p>As of January 31, 2015, there were 2237 individuals in temporary interception sites, 2874 in community housing facilities run by the International Organisation for Migration, and 2567 in immigration detention scattered across 13 Indonesian provinces <a href="http://insidestory.org.au/out-of-sight-out-of-mind">from North Sumatra to West Timor</a>. </p>
<p>Conditions vary from site to site, but overcrowding is a persistent problem. The sites have greatly exceeded the <a href="http://insidestory.org.au/out-of-sight-out-of-mind">maximum capacity of detainees</a>. Extortion, lack of access to legal representation and violence <a href="https://www.hrw.org/news/2013/07/01/confronting-refugee-abuse-indonesias-detention-centers">have been reported</a> across detention centres in Indonesia. </p>
<p>The remaining asylum seekers and refugees live independently in the community, typically in Jakarta or Bogor. They arrange their own accommodation and living needs. </p>
<p>In some ways this is a preferable situation to detention. But the challenges of navigating a new language and culture often leave asylum seekers socially isolated. They are also vulnerable to discrimination and harassment. </p>
<p>Some refugees have responded to this situation by banding together to help one another. The ethnic Hazara population in West Java is a good example. They add structure to their lives by organising regular football games, going to the gym together and teaching one another English. </p>
<p>Most impressive of all is the emergence of a number of education centres and other services, initiated and run by refugees to cater for the specific needs of <a href="http://www.insideindonesia.org/resisting-limbo">their community</a>. These activities help stave off boredom and anxiety, and represent an attempt to carve a normal life out of a difficult situation. </p>
<p>Since Operation Sovereign Borders came into effect, Indonesia has struggled to cope with hosting more asylum seekers and refugees for increasing periods of time. As the Bali Process gets underway this week, a key point of interest will be how Australia responds to Indonesia’s recent appeal to accept more of the thousands of refugees living there in limbo.</p><img src="https://counter.theconversation.com/content/56152/count.gif" alt="The Conversation" width="1" height="1" />
<p class="fine-print"><em><span>Tom Brown is the Monitoring and Evaluation Coordinator for Same Skies, a Swiss NGO supporting refugees in Indonesia. He is a recipient of the DFAT New Colombo Plan Scholarship 2015.</span></em></p><p class="fine-print"><em><span>Antje Missbach receives funding from the ARC. </span></em></p>Australia’s policy to stop the flow of asylum seeker boats to its shores has increased the number of refugees stranded in Indonesia.Tom Brown, New Colombo Scholar, University of AdelaideAntje Missbach, Lecturer in Anthropology, Monash UniversityLicensed as Creative Commons – attribution, no derivatives.tag:theconversation.com,2011:article/562132016-03-21T03:03:20Z2016-03-21T03:03:20ZThe Bali Process can do a lot more to respond to forced migration in our region<figure><img src="https://images.theconversation.com/files/115411/original/image-20160317-30211-9u1m9h.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=496&fit=clip" /><figcaption><span class="caption">Despite its limitations, the Bali Process is the main game in town when it comes to dealing with forced migration in the Asia-Pacific.</span> <span class="attribution"><span class="source">EPA/Hotli Simanjuntak</span></span></figcaption></figure><p>The Bali Process on People Smuggling, Trafficking in Persons and Related Transnational Crime will hold a <a href="http://www.baliprocess.net/ministerial-conferences-and-senior-officials-meetings">full ministerial meeting</a> in Bali this Wednesday. The meeting will bring together ministers from 45 member countries for the first time in three years.</p>
<p>The global context for the meeting is the current levels of displacement. Sixty million people are <a href="http://www.unhcr.org/5672c2576.html">displaced</a> – the highest level since the second world war. And governments around the world are struggling to respond effectively. </p>
<p>This is a critical opportunity for the Bali Process to rise to a new level. Ministers should not miss the chance to reach consensus on how best to respond to forced migration in the Asia-Pacific region.</p>
<h2>Similar causes, longer distances</h2>
<p>There is every sign the underlying causes of forced migration – war, repression, ethnic conflict, climate change displacement, societal exclusion and rampant human trafficking – will continue. What’s new is that displaced people who previously might have stayed and suffered in extremely difficult circumstances close to home now can – and do – move long distances across multiple borders in large numbers in the hope of alleviating their misery. </p>
<p>Information about potential migration opportunities is available in the palm of their hand through smartphones. Travel is cheaper. Facilitators of clandestine movement (whether smugglers or corrupt officials) are readily available. Mobility can be related to transnational crime too, including illegal fishing and drug trafficking.</p>
<p><a href="https://theconversation.com/factcheck-are-asylum-seekers-really-economic-migrants-15601">Economic migrants</a> seeking better opportunities also use the same routes and facilitators as forced migrants, and are often inextricably mixed up with them.</p>
<p>In the Asia-Pacific, for the time being, most displaced populations are stable. However, the problem of exclusion and displacement of stateless <a href="https://theconversation.com/between-the-devil-and-the-deep-blue-sea-the-rohingyas-dilemma-42359">Rohingya from Myanmar</a> remains fundamentally unsolved. It can be expected to continue. </p>
<p>The future stability of Afghanistan, the <a href="http://www.unhcr.ie/about-unhcr/facts-and-figures-about-refugees">largest source</a> of refugees over the past 30 years, remains uncertain.</p>
<h2>What is the Bali Process exactly?</h2>
<p>Australia and Indonesia set up the Bali Process in 2002. The role of Indonesian leadership in bringing a wide group of countries into the fold was vital.</p>
<p>In a region where few countries are parties to the <a href="http://www.unhcr.org/pages/49da0e466.html">UN Refugee Convention</a> and forced migration issues are managed almost exclusively on a self-interested national basis, it was a great leap forward.</p>
<p>The process allowed a regional forum for source, transit and destination countries to discuss their respective roles and responsibilities for the forced movement of people. It led the charge on the criminalisation of people smuggling, allowing law enforcement agencies to work together to exchange information and best practices.</p>
<p>The process facilitated limited discussion of refugee protection issues. The UN High Commissioner for Refugees (UNHCR) was a key participant. A Regional Support Office was established in Bangkok to provide support and expertise to regional governments.</p>
<p>The Bali Process’ inclusive nature has given governments the confidence to participate, but its vast size and diverse membership meant that it has stopped short of direct action in relation to major incidents of displacement. Its role was <a href="http://www.smh.com.au/world/people-smuggling-step-up-or-step-aside-australia-and-indonesia-warned-20160131-gmi1g0.html">very limited</a> in the 2015 Andaman Sea crisis.</p>
<p>Fourteen years after its establishment, this is not enough. The challenges are too big to be managed without more concerted co-operative action by its member countries.</p>
<h2>Lessons from Europe</h2>
<p>Europe’s attempts to deal with its refugee and migration crisis are instructive. </p>
<p>A union of 28 developed countries that are all parties to the Refugee Convention, have well-developed asylum laws, a common asylum system developed over many years and sophisticated immigration and border management agencies, is floundering. The core problem is lack of agreement on a strategic approach to displacement, burden-sharing and its implementation.</p>
<p>The Asia-Pacific is not immune to the challenges of mass displacement. A variety of scenarios could well lead to displacement on a similar scale. </p>
<p>And yet very few countries in the region are parties to the Refugee Convention. Few have comprehensive national policies or legislation. National implementation capabilities are also limited. </p>
<h2>What could the Bali Process do?</h2>
<p>Regional solutions will be different from those in Europe because of different legal systems. They will also be different to those found by the region in the past. </p>
<p>The response to the <a href="https://theconversation.com/refugee-crisis-meeting-should-learn-from-indochinese-solution-42426">Indochinese refugee situation</a> in the 1970s and 1980s highlighted the benefits of co-operative solutions, but its model reflected the unique strategic environment of the time.</p>
<p>The starting point should be agreement on avenues for concerted – rather than unilateral – action to prevent displacement before it occurs and better manage it collectively if it happens. In practice, this means the Bali Process should take the lead in convening smaller groups of “most affected” countries to broker collective action on particular situations of displacement. If possible, preventative action would be even better. </p>
<p>It also means the process should drive improvement in national and regional contingency planning to enable more predictable and effective responses to forced migration. It can also provide greater support to key member countries to develop the policies, legal systems and implementation capabilities to make these happen in ways that also provide an orderly system of protection.</p>
<p>There are positive signs that the senior officials co-ordinating the Bali Process for ministers understand what needs to happen. Their recent meeting in Bangkok endorsed a set of proposals to go to ministers that embrace this core agenda. </p>
<p>Some of their ideas drew on a <a href="https://cpd.org.au/intergenerational-wellbeing/asia-dialogue-on-forced-migration/">Track II Dialogue on Forced Migration</a> involving experts from Thailand, Malaysia, Indonesia, Australia, New Zealand, Myanmar, the UNHCR and the International Organisation for Migration.</p>
<p>It remains to be seen whether ministers have the political will to take the Bali Process up to the next level. But if they don’t take this opportunity now, it’s highly likely they will be forced to do something under pressure down the track when a very large regional displacement crisis inevitably occurs.</p>
<p>In the long run, different mechanisms may be needed to prevent and deal with displacement issues in the region, <a href="http://www.asean.org/asean-convention-against-trafficking-in-persons-especially-women-and-children/">not least within ASEAN</a>, which recently adopted a Convention Against Trafficking in Persons, Especially Women and Children. In the meantime, despite its limitations, the Bali Process is the main game in town.</p><img src="https://counter.theconversation.com/content/56213/count.gif" alt="The Conversation" width="1" height="1" />
<p class="fine-print"><em><span>Travers McLeod is CEO of the Centre of Policy Development.
The Asia Dialogue on Forced Migration is convened by CPD, the Institute for Strategic and International Studies in Malaysia, Mahidol University’s Institute of Human Rights and Peace Studies in Thailand, and the Indonesian Institute of Sciences. The Dialogue has received funding or in-kind support from the Sidney Myer Fund, the Vincent Fairfax Family Foundation, the Planet Wheeler Foundation, Corrs Chambers Westgarth Lawyers, Qantas and individual donors. </span></em></p><p class="fine-print"><em><span>Peter Hughes is Fellow of the Centre for Policy Development.</span></em></p><p class="fine-print"><em><span>Sriprapha Petcharamesree, Steven Wong, and Tri Nuke Pudjiastuti do not work for, consult, own shares in or receive funding from any company or organisation that would benefit from this article, and have disclosed no relevant affiliations beyond their academic appointment.</span></em></p>There is every sign the underlying causes of forced migration – war, repression, ethnic conflict, climate change displacement and rampant human trafficking – will continue.Travers McLeod, Honorary Fellow in the School of Social and Political Sciences, The University of MelbournePeter Hughes, Visiting Fellow, Crawford School of Public Policy and Visitor, Regnet School of Regulation and Global Governance, Australian National UniversitySriprapha Petcharamesree, Director of the International PhD Program in Human Rights and Peace Studies, Institute of Human Rights and Peace Studies, Mahidol UniversitySteven Wong, Deputy Chief Executive, Institute of Strategic and International StudiesTri Nuke Pudjiastuti, Researcher, Research Centre for Politics, Indonesian Institute of Sciences (LIPI)Licensed as Creative Commons – attribution, no derivatives.