Urgent: Better handling of Indonesia's illegal aliens

Urgent: Better handling of Indonesia's illegal aliens

By Lukmiardi

JAKARTA (JP): Over the past two years Indonesian territory has
become a stepping stone for illegal immigrants from various
countries in search of new lives in Australia or other developed
nations -- a trend which requires intense consideration by our
troubled country regarding its compliance with international
expectations for the treatment of refugees.

The illegal immigrants have requested refugee status from the
United Nations High Commission for Refugees (UNHCR)
Representative Office in Jakarta and demanded protection based on
the 1951 UN Convention on refugees. They have mainly entered the
country illegally or legally, but without a stay permit. Most do
not carry legal documents.

Many of the immigrants are professionals seeking a better
future in Australia and, therefore, belong in the category of
economic immigrants, not of those seeking political asylum -- who
are entitled to protection from the international community.

In the past year, Australia has been "invaded" by some 3,000
illegal immigrants. As a signatory to the above Convention its
government cannot immediately refuse their entry. The Australian
government has, therefore, been forced to process their requests,
spending some A$50,000 a year on each immigrant.

Most Asian countries, including Indonesia, have not ratified
the 1951 UN Convention Relating to the Status of Refugees, making
their entry and status illegal, in violation of Indonesia's 1992
Immigration Act. However, placing them all in quarantine is
proving impossible given that their numbers are reaching into the
thousands and are likely to increase.

The UNHCR Representative Office has issued refugee
certificates for 420 people and is processing another 640. Only a
few of them have been accepted by the intended destination
countries, so it is unclear how long the "refugees" will stay in
Indonesia.

During their stay, they have been able to benefit from the
government's inability to uphold the law and are free to go
wherever they like.

Given the absence of adequate regulations, no government
institution feels responsible for the situation. The word
"refugee" is not found in the immigration act, so there is no
unit in charge of refugees at the Directorate General of
Immigration.

Repatriating such people to their home countries is far from
easy as the immigrants have usually run out of money. The
impression here is that their respective governments have washed
their hands of them, with requests to the International
Organization for Migration (IOM) to provide costs for their
return home becoming the last resort.

However, the IOM is only required to provide this assistance
if the said person wishes to return voluntarily. Moreover,
suggestions of this assistance have mostly been turned down, as
the immigrants say their lives would be in danger if they went
home.

This condition will worsen if Indonesia ratifies the
Convention on Refugees because of its principles against the
rejection of refugees, either in transit countries or the
intended destination countries. The government's consideration of
this ratification will carry serious consequences given our
current multidimensional crisis.

The Australian government has undertaken a number of efforts
to hamper illegal immigrants, such as closer cooperation between
the Indonesian National Police and the Australian Federal Police,
as outlined in their Memorandum of Understanding of Sept. 15,
2000.

It has been agreed that Australia will provide financial
assistance to Indonesia whenever Indonesian Police capture the
parties behind human smuggling to Australia. This has led to the
apprehension of immigrants traveling via eastern Indonesia and,
therefore, the increasing number of those being detained in the
country.

There is a need to review this cooperation to consider the
possibility of any ill-intended foreign intervention regarding
this trafficking practice, as well as whether the benefits for
Indonesia in this cooperation are commensurate with our national
interests.

In the post-Vietnam War period, Indonesia became a transit
point for the Vietnamese refugees known as the "boat people" who
stayed at Galang Island, a facility provided by the government to
accommodate them.

Implementing a similar handling system in the current context
is not quite appropriate given the risks entailed; while letting
them stay while they freely travel would increase the image of a
poorly maintained territory with poor legal enforcement.

It is, therefore, urgent that the government determines an
integrated system for handling illegal immigrants who claim to be
refugees, by prioritizing national interests and by restraining
from hasty ratification of the UN Convention on refugees.

Meanwhile, proper detention facilities must be built as part
of efforts to convey the message that Indonesia is not a transit
point for illegal immigrants.

The writer is chief of monitoring at the Directorate General
of Immigration under the Ministry of Justice. The above views are
personal.