Pancasila and Pragmatism: Protection or Pencitraan for Refugees in Indonesia?
Abstract
Since the 1970s Indonesia has been a transit country for refugees searching for resettlement. While it has not signed the 1951 Refugee Convention, Indonesia does allow the UNHCR to operate within its borders. Furthermore, Indonesian President Joko Widodo recently pledged humanitarian assistance to Rohingya refugees in Bangladesh. This paper asks what motivates Indonesia to assist refugees, despite not being a signatory to the 1951 Refugee Convention? What principles underlie Indonesia’s approach to refugees? Based on interviews conducted with government officials, practitioners, activists and academics in Indonesia, this paper finds that Indonesia is guided by Pancasila (Indonesia’s state ideology) and the preamble to its constitution in playing a humanitarian role in international society. At the same time, however, this humanitarian imperative is in tension with pragmatism. This means that there are a number of problems for refugee protection in Indonesia. This paper argues that while Indonesia is driven by humanitarian ideals in assisting refugees, it must sign the 1951 Refugee Convention to endorse its commitment to Pancasila and the preamble to the constitution, otherwise it risks using these foundations as simply pencitraan, or ‘window dressing’.
Keywords: Indonesia, refugees, Pancasila
References
Certified english translation of the 1945 Constitution of the Republic of Indonesia., 2002 (First adopted August 18, 1945 - superseded 1949-1959 - restored 1959. Consolidated: as amended by the First Amendment (19 October 1999), the Second Amendment (18 August 2000), the Third Amendment (9 November 2001) and the Fourth Amendment (11 August 2002)) [Certified english translation of the 1945 Constitution of the Republic of Indonesia.].
Darmaputera, Eka. Pancasila and the Search for Identity and Modernity in Indonesian Society: A Cultural and Ethical Analysis (BRILL, 1988).
Davies, Sara Ellen. Legitimising Rejection : International Refugee Law in Southeast Asia, Refugees and Human Rights (Leiden: Martinus Nijhoff Publishers, 2008).
Fauzia, Amelia. Brill’s Southeast Asian Library, Volume 1 : Faith and the State : A History of Islamic Philanthropy in Indonesia (Leiden, NLD: BRILL, 2013).
Missbach, Antje. Troubled Transit: Asylum Seekers Stuck in Indonesia (Iseas - Yusof Ishak Institute, 2015).
Public Interest Research and Advocacy Center, [PIRAC], ed. Giving and fund raising in Indonesia: investing in ourselves (Mandaluyong City, Metro Manila, Philippines: Asian Development Bank, 2002).
Bowen, John R. “On the Political Construction of Tradition: Gotong Royong in Indonesia” (1986) 45:3 J Asian Stud 545.
Davies, Sara E. “The Asian Rejection?: International Refugee Law in Asia*” (2006) 52:4 Aust J Polit Hist 562.
Elmadmad, Khadija. “Asylum in Islam and in Modern Refugee Law” (2008) 27:2 Refug Surv Q 51.
Kneebone, Susan. “The Governance of Labor Migration in Southeast Asia” (2010) 16:3 Glob Gov 383.
———. “The Bali Process and Global Refugee Policy in the Asia–Pacific Region” (2014) 27:4 J Refug Stud 596.
Nethery, A, B Rafferty-Brown & S Taylor. “Exporting Detention: Australia-funded Immigration Detention in Indonesia” (2013) 26:1 J Refug Stud 88.
Nethery, Amy & Carly Gordyn. “Australia–Indonesia cooperation on asylum-seekers: a case of ‘incentivised policy transfer’” (2014) 68:2 Aust J Int Aff 177.
Tan, Nikolas Feith. “The Status of Asylum Seekers and Refugees in Indonesia” (2016) 28:3 Int J Refug Law 365.
Gordyn, Carly. “Assessing Indonesia’s new decree on refugees”, (9 February 2017), online: New Mandala
Hughes, Peter et al. “The Andaman Sea refugee crisis a year on: what happened and how did the region respond?”, online: The Conversation
Jelita, Angela. “Refugees in Indonesia face bleak future with scant hope of a new life”, (21 March 2018), online: South China Morning Post
Mathew, Penelope & Tristan Harley. Refugee Protection and Regional Cooperation in Southeast Asia: A Fieldwork Report (The Australian National University, 2014).
Pitonak, Amy. “Afghan refugees protest at Indonesian detention centre | Afghanistan Analysts Network”, (3 April 2018), online:
Taylor, Jessie. Behind Australian Doors: Examining the Conditions of Detention of Asylum Seekers in Indonesia (2009).
The Jakarta Post. “Jokowi dispatches aid to Rohingya refugees”, online: Jkt Post
The World Bank. “Indonesia: Overview”, (2018), online: World Bank
UNHCR, United Nations High Commissioner for Refugees. “UNHCR thanks Indonesia and Malaysia for rescue and disembarkation of Rohingya refugees, calls on countries in the region to comply with maritime search and rescue obligations”, (1 May 2018), online:
———. “UNHCR di Indonesia”, online: UNHCR
Final Declaration of the Regional Meeting for Asia of the World Conference on Human Rights (Bangkok Declaration) (1993).