Indonesia's Diplomatic Efforts in Response to The

INDONESIA’S DIPLOMATIC EFFORTS IN RESPONSE TO THE ROHINGYA REFUGEE CRISIS DURING PRESIDENT JOKO WIDODO ADMINISTRATION (2014-2016)

By Mariesta Varandiga Putri ID No. 016201300094

A Thesis presented to the Faculty of Humanities President University in partial fulfillment of the requirements for Bachelor Degree in International Relations Major in Diplomacy Studies

2017 THESIS ADVISER RECOMMENDATION LETTER

This thesis entitled “Indonesia’s Diplomatic Efforts in Response to the Rohingya Refugee Crisis During President Joko Widodo Administration (2014-2016)” prepared and submitted by Mariesta Varandiga Putri in partial fulfillment of the requirements for the degree of Bachelor of Arts in the Faculty of Humanities has been reviewed and found to have satisfied the requirements for a thesis fit to be examined. I therefore recommend this thesis for Oral Defense.

Cikarang, Indonesia, March 6, 2017

Recommended and Acknowledge by,

Drs. Teuku Rezasyah, M.A., Ph.D.

DECLARATION OF ORIGINALITY

I declare that this thesis, entitled “Indonesia’s Diplomatic Efforts in Response to the Rohingya Refugee Crisis during President Joko Widodo Administration (2014-2016)” is, to the best of my knowledge and belief, an original piece of work that has not been submitted, either in whole or in part, to another university to obtain a degree.

Cikarang, Indonesia, March 6, 2017

Mariesta Varandiga Putri

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PANEL OF EXAMINER APPROVAL SHEET

The panel of examiners declare that the thesis entitled “Indonesia’s Diplomatic Efforts in Response to the Rohingya Refugee Crisis during President Joko Widodo Administration (2014-2016)” that was submitted by Mariesta Varandiga Putri majoring in International Relations from the Faculty of Humanities was assessed and approved to have passed the Oral Examination on March 6, 2017.

Natasya Kusumawardani, S.IP., MProfStuds (Hons) Chair – Panel of Examiners

Hendra Manurung, SIP., MA Examiner

Drs. Teuku Rezasyah, M.A., Ph.D. Thesis Adviser

ABSTRACT

Mariesta Varandiga Putri, International Relations 2013, President University Thesis Title: Indonesia’s Diplomatic Efforts in Response to the Rohingya Refugee Crisis during President Joko Widodo Administration (2014-2016)

The purpose of this thesis is to analyze how the Indonesian government implements its diplomatic efforts in response to the Rohingya refugee crisis during President Joko Widodo administration. This analysis focuses on the Rohingya refugee crisis from 2014-2016 in the Southeast Asia. This thesis will be focused on one of the affected countries by the refugee crisis which is Indonesia. In addition, this thesis provides the Indonesian government responses for the Rohingya refugee crisis. The current refugee crisis increases the interest of the country’s response not only about how immediate response that must be applied but also increases motivation of the country to find the settlement of refugee crisis. After the exodus movement of Rohingya’s refugee, the government of Indonesia agreed to offer the temporary shelter for one year and the settlement of this crisis will be done by international community. In order to find the settlement of the crisis, the government of Indonesia plays an active diplomacy in address the issue in bilateral, regional and multilateral. In addition, this thesis will discuss further about how the Indonesia’s challenges over the refugee flows which has inspired the government to settle the crisis. The result of this research, Indonesia’s diplomatic efforts plays actively in response to Rohingya refugee crisis and the main focus of Indonesia’s diplomacy is to find the settlement of the refugee crisis by addressing the root causes of the crisis and enhancing the cooperation (origin, transit, and destination country) in solving the crisis. Keywords: Rohingya Refugees, Republic of Indonesia, Diplomacy, President Joko Widodo Administration

ABSTRAK Mariesta Varandiga Putri, Hubungan Internasional 2013, President University Judul Penelitian: Indonesia’s Diplomatic Efforts in Response to the Rohingya Refugee Crisis during President Joko Widodo Administration (2014-2016) Penelitian ini bertujuan untuk menganalisa bagaimana pemerintah Indonesia mengimplementasikan upaya diplomasi negara dalam mengatur masalah krisis pengungsi Rohingya pada masa pemerintahan Presiden Joko Widodo. Penelitian ini akan fokus berdasarkan krisis pengungsi Rohingya yang terjadi dalam waktu 2014-2016 di kawasan Asia Tenggara. Penelitian ini akan membahas secara khusus salah satu negara yang terkena dampak dari krisis pengungsi tersebut yaitu Indonesia. Selain itu, tulisan penelitian ini akan menyajikan bagaimana respon dari pemerintah Indonesia terhadap krisis pengungsi Rohingya. Krisis pengungsi yang terjadi saat ini meningkatkan kepentingan negara dalam merespon tidak hanya bagaimana mengambil tindakan dengan segera tetapi juga meningkatkan motivasi untuk mencari solusi dalam penyelesaian masalah. Setelah terjadinya perpindahan secara besar-besaran dari pengungsi Rohingya, pemerintah Indonesia bersedia untuk memberikan tempat penampungan sementara untuk satu tahun dan penyelesaian dari krisis pengungsi akan dilaksanakan komunitas internasional. Untuk mencapai penyelesaian krisis tersebut pemerintah Indonesia melakukan diplomasi aktif secara bilateral, regional dan multilateral. Selanjutnya, penelitian ini akan menjabarkan lebih lanjut bagaimana tantangan Indonesia dalam menghadapi arus pengungsi yang juga telah menginsipirasi negara untuk mengakhiri krisis. Hasil dari penelitian ini, upaya diplomasi Indonesia telah berjalan dengan aktif dalam merespon krisis pengungsi Rohingya untuk menemukan penyelesaian dari krisis pengungsi dengan melakukan penekanan terhadap akar permasalahan dan meningkatkan kerjasama (negara asal, transit, tujuan) dalam penyelesaian krisis tersebut.

Kata Kunci: Pengungsi Rohingya, Republik Indonesia, Diplomasi, Pemerintahan Presiden Joko Widodo.

ACKNOWLEDGEMENT

First of all, I would like praise to Allah SWT for all grace and guidance during the hard times and for the answer to all the prayers. Thank to my Allah Almighty who gave me the courage, health and energy to accomplish my thesis in due time and without His help this study which required untiring efforts would have not been possible to complete within the time limits. I would like to take this opportunity to thank all the persons who have given me support, prayer, and love from the people around me. I am deeply grateful to my first adviser Drs. Teuku Rezasyah, M.A., Ph.D. and my second adviser Natasya Kusumawardani, S.IP., MProfStuds (Hons) for his and her excellent advices, suggestion, motivations and patiently taking me through this difficult task of educational research and providing me with an excellent atmosphere for doing this research. Further, I would like to say thanks to my thesis examiner, Hendra Manurung, SIP., MA for additional input on my final touch of this thesis. I would like to thanks all lectures and staff International Relations study program for all support and knowledge worthwhile during my study. I would like to acknowledge to my father and mother, who always become my source of motivation, make me stronger and confidence to make you proud. To my sister, my grandmother for the support and the spirit they gave when I was down. To my father who works far from Jakarta, always give his time guiding and support me. Thanks to my mother for the time you have spent with me during the process of making this thesis. To my sister who always cheering me up and accompanies with me study together. All of my friends in President University batch 2013, AA3 housemate Iranti and Putri, Du’uwatul, Maretha, Stefani, Onie, Lela, Yanri, Dwi, Petri, Jeje, Corry, Izzati, Mila, Faza and so many others that the writer cannot mention in this thesis. For my best friends Aindana, Laila, Mutiara, Riska, and Wulan thank you for our 7 years of friendship. Thank you Rima, Rezha, and Fero for coming

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my thesis defense and give the support. Without you guys I might not have the motivation to finish my thesis. For you all support from the start until I could finally close this thesis with my full gratitude. Therefore I send my support the same for you guys, and for the next batch of International Relations student. I would like to say well done and keep this spirit wherever and whomever you work in the future. Finally, my thanks go to everyone who helped me in contributing their support during this whole thesis.

Cikarang, Indonesia, March 6, 2017

Mariesta Varandiga Putri

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TABLE OF CONTENTS

THESIS ADVISER RECOMMENDATION LETTER ...... ii

DECLARATION OF ORIGINALITY ...... iii

PANEL OF EXAMINER APPROVAL SHEET ...... iv

ABSTRACT ...... v

ACKNOWLEDGEMENT ...... vii

TABLE OF CONTENTS ...... ix

LIST OF TABLES AND FIGURE ...... xiii

LIST OF ACRONYMS ...... xiv

CHAPTER I ...... 1

INTRODUCTION ...... 1

I.1 Background of Study ...... 1

I.2 Problem Identification ...... 5

I.3 Statement of the Problem ...... 8

I.4 Research Objectives ...... 9

I.5 Significance of Study ...... 9

I.6 Theoretical Framework ...... 10

I.6.1 Realism Theory ...... 10

I.6.2 National Interest ...... 12

I.6.3 Diplomacy ...... 14

I.7 Scope and Limitation of Study ...... 15

I.8 Definition of term ...... 16

I.8.1 Diplomacy ...... 16

I.8.2 Exodus ...... 16

I.8.3 Refugee ...... 16

I.8.4 Refugee Settlement ...... 16

I.8.5 Migration .………………………………………………………16

I.8.6 Irregular Migration …………………………………….…………17

I.9 Structure of Thesis ...... 17

I.9.1 Chapter I – Introduction ...... 17

I.9.2 Chapter II – Literature Review ...... 17

I.9.3 Chapter III – Research Methodology ...... 17

I.9.4 Chapter IV – Indonesia’s Government Responses toward the Rohingya Refugee Crisis ...... 18

I.9.5 Chapter V – Indonesia’s Diplomatic Efforts in response to the Rohingya refugee crisis (2014-2016) ...... 18

I.9.6 Chapter VI – Conclusion ...... 18

CHAPTER II ...... 19

LITERATURE REVIEW ...... 19

II.1 Literature Review ...... 19

II.1.1 The Dilemma of Non-Interference: Myanmar, Human Rights, and the ASEAN Charter ...... 19

II.1.2 Rohingya Briefing Report from Warzone Initiatives 2015 ...... 21

II.1.3 The Rohingyas: Security Implications for ASEAN and Beyond .... 24

II.1.4 Dampak Singgahnya Pencari Suaka ke Australia Terhadap Peningkatan Kejahatan Transnasional di Indonesia ...... 25

II.1.5 Irregular Maritime Migration in the Bay of Bengal: The Challenges of Protection, Management and Cooperation ...... 26

II.1.6 The Unknown Fate of the Stateless Rohingya ...... 27

II.2 Chapter Summary ...... 30

CHAPTER III ...... 31

RESEARCH METHODOLOGY ...... 31

III.1 Research Method ...... 31

III.2 Research Framework ...... 32

III.3 Research Time and Place...... 34

III.3.1 Research Time ...... 34

III.3.2 Research Place ...... 35

III.4 Research Instrument ...... 35

III.4.1 Library Research ...... 36

III.4.2 Internet Research...... 36

CHAPTER IV ...... 38

INDONESIA’S GOVERNMENT RESPONSE TOWARD THE ROHINGYA REFUGEE CRISIS ...... 38

IV.1 The Massive Exodus of Rohingya Refugee in Southeast Asia ...... 39

IV.1.1 The Origin of Rohingya Refugee ...... 50

IV.1.2 The Rohingya Refugee Case ...... 41

IV.2 The responses of Indonesian Government to the Massive Exodus of Rohingya Refugees ...... 45

IV.2.1 The cooperation between Indonesian Government with UNHCR in Response to the Rohingya Refugee ...... 48

IV.3 Indonesia’s Government Interest in Response to the Rohingya Refugee Crisis ...... 50

IV.3.1 The Challenges Over the Refugee Crisis in Indonesia ...... 50

IV.3.2 Indonesia’s Interest in Response to the Rohingya Refugee Crisis.. 52

IV.4 Chapter Summary ...... 57

CHAPTER V ...... 59

INDONESIA’S DIPLOMATIC EFFORTS IN RESPONSE TO THE ROHINGYA REFUGEE CRISIS (2014-2016) ...... 59

V.1 Indonesia Diplomatic Efforts in Response to the Rohingya Refugees Crisis (2014-2016) ...... 59

V.1.1 Bilateral Diplomacy with Myanmar ...... 59

V.1.2 Regional Diplomacy within ASEAN ...... 64

V.1.3 Multilateral Diplomacy ...... 69

V.1.3.1 Jakarta Declaration Roundtable Meeting on Addressing the Root Causes of Irregular Movement of Person ...... 70

V.1.3.2 Bali Process ...... 72

V.1.3.3 High Level United Nations Talks on Migration and Refugees ...... 75

CHAPTER VI ...... 79

CONCLUSION ...... 79

BIBLIOGRAPHY ...... 82

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LIST OF TABLES

Table 1: Regulation of the Director General of Immigration Number: IMI-

1489.UM.08.05 Year 2010 ...... 45

Table 2: ASEAN Member Countries and International Framework ...... 67

Table 3: Co-Chairs Statement on Sixth Ministerial Conference of the Bali Process

(March 23, 2016) ...... 76

Table 4: Statement by H.E. Mr. Jusuf Kalla Vice-President of The Republic of

Indonesia at The High-Level Plenary Meeting to Address Large Movements of

Refugees and Migrants ...... 77

LIST OF FIGURES Figure 1: Rakhine State Map ...... 1

Figure 2: Theoretical Framework of Study ...... 10

Figure 3: The Number of Refugees, IDPs, and Stateless People from Myanmar

1972-2013 ...... 40

Figure 4: The Increasing Number of Movement from Myanmar Border ...... 43

Figure 5: The Number of Refugee Movement in Southeast Asia ...... 44

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LIST OF ACRONYMS

AIHCR ASEAN Intergovernmental Commission on Human Rights ASEAN Association of Southeast Asian Nations IDPs Internally Displaced Persons IOM International Organization for Migration IR International Relations UN United Nations UNHCR United Nations High Commissioner for Refugees

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CHAPTER I

INTRODUCTION

I.1 Background of Study

The beginning of 2015 Muslim Rohingya in Myanmar fled their country on boats through the Andaman Sea, by hopes reach other countries who want to receive them as refugees, and many hundreds of them have reportedly died along the way before disembarking. Rohingya ethnic knew as a Muslim minority group in Rakhine State (formerly known as Arakan), Rakhine state located on the western coast of Myanmar, there is a mountain range to the east that divided between Rakhine state and Myanmar, the northwest border is Bangladesh, and the west border is the Bay of Bengal (See Figure 1).1 Figure 1: Rakhine State Map

Image Credit: Voice of America Sources: Corben, R. (2016, November 28). Myanmar to Probe Allegations of Abuse Against Rohingya. Retrieved January 15, 2017, from VOA News: http://www.voanews.com/a/myanmar-to-probe-allegations-of-abuse-against- rohingya/3614218.html

1 Alina Lindblom, E. M. (2015, October). Persecution of the Rohingya Muslim. (S.-R. K. James Silk, Ed.) Retrieved October 28, 2016, from http://www.fortifyrights.org/downloads/Yale_Persecution_of_the_Rohingya_October_2015.pdf

Rohingya ethnic in Myanmar as one of the most persecuted and discriminated ethnic minorities in the world. 2 The issue of Rohingya refugee probably being the forgotten ones since the Rohingya issue is far less media attention, due to the similar concurrent migration crisis happening in Europe countries. The difference between Rohingya case and a migration crisis in Europe is none of the involved states in this case as a signatory to neither the 1951 Refugee Convention nor 1967 Protocol.3 The inside of 1951 refugee convention, the international community has put their concern to ensure the adequate treatment of the refugees and protecting their human right by assembling a set of guidelines and laws for the member of the convention. Compare to Association of Southeast Asian Nations (ASEAN), there is no formal consensus among its member in refugee cases, this organization prefer to use the ASEAN parliamentarian human rights body to promote and advocacy human rights principle for the region. The crisis of Rohingya is the second biggest crisis faced by the Southeast Asia region since the Indochinese migrant crisis in 1970s. This time the Southeast Asia region are seems unprepared to face the migrant crisis. Rohingya refugees crisis emerge in the Southeast Asia countries showing how the region are lack with the formal institution and political agreement like 1951 UN Convention in maintaining the country actions in response to Rohingya refugee emergency make the case much more acute and tragic. Refugee definition under the 1951 UN Convention: “owing to a well-founded fear of persecution, on the grounds of race, religion, nationality, or membership of a social group, find themselves outside their country of origin and are unable or

2 The most persecuted people on Earth? (2015, June 13). Retrieved December 19, 2016, from The Economist: http://www.economist.com/news/asia/21654124-myanmars-muslim-minority-have- been-attacked-impunity-stripped-vote-and-driven 3 Pagano, A. (2016, March 10). The Rohingyas Refugee Crisis: A Regional and International Issue? Retrieved October 12, 2016, from Middle East Institute (MEI): http://www.mei.edu/content/map/Rohingyas-refugee-crisis-regional-and-international-issue 2

unwilling to avail themselves of the protection of that country- the 1951 Convention on the Status of Refugee-Article 1a”

According to definition above, Rohingya can be related to the definition of refugee under 1951 UN Convention, due to the similar causes which is the persecution and discrimination by the government of Myanmar against Rohingya ethnic. Rohingya have no choice instead being refugee and fleeing from their country by boat. The government of Myanmar response to the Rohingya issues is about the denial of Rohingya as an ethnic and citizenship in Myanmar. Rohingya ethnic in Myanmar have been persecuted for decades and the persecution happening even before the independence day of the republic of the Union of Myanmar.4 Myanmar government had long denied the Rohingya as their official citizen makes Rohingya are not eligible for the citizenship rights under the Myanmar military drafted of 1982 Citizenship Law. 5 Rohingya minorities have struggled to face exorcism from the persecutions and discriminated perpetrated on them by the tyrannical of the government.6 The Myanmar government has restricted the Rohingya ethnic freedom of movement and did not offer them basic human rights (including land ownership and marriage). Rohingya peoples are ready to take a risk in order to get the safety place for the family. The worst situation in internal Myanmar particularly the discrimination and the persecution against Rohingya have led the massive exodus of Rohingya flee from their home. According to United Nations High Commissioner for Refugees (UNHCR) estimated the movement number of refugees and migrants crossing the Bay of Bengal and Andaman Sea significantly increase in the

4 Roberts, K. (2015, May 12). Rohingya Refugees From Myanmar Have Been Persecuted for Decades. Retrieved October 12, 2016, from http://www.nytimes.com/2015/05/13/world/asia/myanmar-rohingya-refugees-rakhine-burma.html 5 The Rohingya status changed dramatically under the military government of Ne Win, Ne Win’S government systematically stripped citizenship from the Rohingya, starting with the 1974 Emergency Immigration Act and culminating with the 1982 Citizenship Law. 6 Ullah, A. A. (2011). Rohingya Refugees to Bangladesh: Historical Exclusions and Contemporary Marginalization. Journal of Immigrant and Refugee Studies , 139-161. 3

second half 2014 and in the first half of 2015.7 The increasing number of Rohingya movement from Myanmar was affected to Indonesia. In beginning of 2015, a mark increase in the number of UNHCR registration in Indonesia nearly 1,000 Rohingyas from Myanmar. 8 Therefore, the number of Rohingya people made the hazardous journeys to Indonesia shores has increasing time by time due to the unresolved violence and discrimination against Muslim Rohingya in Myanmar. The wave of Rohingya migration mostly wishes to harbor their family in Malaysia, Thailand, and Australia which in the past has quietly friendly in accepted the refugee. The desperate people are ready to take a risk in order to find a better living for the family, if the people has face poor condition and harsh discrimination in their home, the people are likely mobilizing and take a journey to another country both legal and illegal immigrant. 9 Rohingya’s journey to leave Myanmar country was caught in Thailand, and a major transit point has done by smugglers. According to United Nations, refugee crossing the seas of Southeast Asia had been three times more deadly than last year due largely to mistreatment by smugglers and disease on the boats.10 The involvement of smugglers activity in the movement of refugee poses a serious threat to the security, stability and the welfare of the region. 11 The Rohingya people have no other alternative than to procure the services of smugglers.12 The growth of people smuggling made the case much more

7 Mixed Maritime Movements in South-East Asia in 2015. (2016, February). Retrieved January 20, 2017, from United Nation High Commissionerfor Refugees: http://reporting.unhcr.org/sites/default/files/UNHCR%20- %20Mixed%20Maritime%20Movements%20in%20South-East%20Asia%20-%202015.pdf 8 Indonesia Factsheet 2016. (2016). Retrieved September 29, 2016, from United Nations Commissioner for Refugees (UNCHR): http://www.unhcr.org/50001bda9.pdf 9 Heino, E. O. (2015, May 28). Myanmar’s refugee situation requires long-term solutions.Retrieved October 11, 2016, from Ministry for Foreign Affairs of Finland: http://formin.finland.fi/public/default.aspx?contentid=327609&contentlan=2&culture=en-US 10 Bay of Bengal 'three times more deadly' than Mediterranean for migrants and refugees – UN. (2016, February 23). Retrieved March 11, 2017, from UN News Centre: http://www.un.org/apps/news/story.asp?NewsID=53298#.WCqMv-F96CU 11 Hassan Faruk Al Imran, M. N. (2014). The Rohingya Refugees in Bangladesh: A Vulnerable Group in Law and Policy. Journal of Studies in Social Sciences , VIII, 226-253. 12 Rashid, H. N. (2015, May 17). Myanmar and the Rohingyas: Stop the Persecution; End the Exodus. Global Research . Retrieved October 29, 2016, from 4

complex, smugglers have taken the advantages of the desperation of Rohingya by facilitating and profiting from the flow of this group. The involvement of smugglers puts the other problem for the region, which will threaten the stability of Southeast Asia country. Therefore, hundreds of thousand people fleeing from Myanmar trying to enter neighboring countries illegally, people live at risk, many of them are death at sea, and the involvement of smugglers reason out of this case becomes involutes.

I.2 Problem Identification

The increasing conflict in internal state is produced a growing number of Internally Displaced Persons (IDPs), IDPs have been forced for the same reason as the refugee but the differences is they have not crossed the border.13 The absence of international agency with a formal mandate to aid them and no sources of protection resulted IDPs living in a more desperate situation than the refugee. 14 According to UNHCR Myanmar Factsheet, the number of IDPs in Myanmar is around 1,526,000 peoples included the Rohingya ethnic in Rakhine State.15 The higher number of IDPs in one country is often as the source of the massive influx of refugee. In 2015, Indonesian fishermen have rescued Bangladeshis and Rohingya from Myanmar after they landed in Aceh and North Sumatera. 16 The worsening situation in Myanmar was affected to the number of Rohingya refugee movement who come to Indonesia. Indonesia as a favorite transit country for refugees was standing in a difficult situation in faced an unregulated influx of people to their ttp://www.globalresearch.ca/myanmar-and-the-rohingyas-stop-the-persecution-end-the- exodus/5449990 13 Roberta Cohen, F. M. (1998). Masses in Flight. Brookings Institution Press. 14 According to Cairo Program of Action 1994 stated that the growing number of Internally Displaced Person (IDPs) in one country is often a precursor of the massive influx of refugee. In addition, The Great Lakes region of Africa shows how the internal conflict and the displacement lead the massive flows of refugee. 15Myanmar Factsheet 2016. (2016). Retrieved September 29, 2016, from United Nations High Commissioner for Refugees (UNCHR): http://www.unhcr.org/50001cf99.html 16 After long ordeal at sea, Rohingya find humanity in Indonesia. (2015, May 18). Retrieved January 15, 2017, from United Nations Commissioner for Refugee: http://www.unhcr.org/news/latest/2015/5/5559efb36/long-ordeal-sea-rohingya-find-humanity- indonesia.html 5

country in the midst of the domestic problem. The outflow of Rohingya refugee at the beginning of 2015 has awakened the response from the neighboring country particularly Indonesia who have rescued more than 1000 peoples from Myanmar after they landed in the provinces of Aceh and North Sumatera. 17 The Indonesia government recognized that the complexity of the migration issue nowadays was more complicated than before, for example, in the west, after the 9/11 tragedy led the heightened securitization of migration and anxieties about the other are increasing. The world is facing a global refugee crisis due to the same crisis happening in Syria, and for the Indonesia country becoming much harder to find resettlement places for refugee, for instance, Germany in 2014 accepted 98 refugees from Indonesia and now it is overwhelmed by the situation in Europe.18 Therefore, the number of Rohingya refugee looking for the safety and protection, at the same time the countries willingness to accept refugees and migrants is shrink makes Indonesia position as the transit country in the difficult situation. Indonesia position as a strategic position in regional organization ASEAN expected to be more active in response to Rohingya refugee crisis. After the exodus of Rohingya refugee, Foreign Ministers from Indonesia, Malaysia and Thailand held emergency meetings in Putrajaya, Kuala Lumpur on Wednesday, May 20, 2015 the main agenda of this meeting is to discuss the crisis of refugee movement in the region.19 The result of this meeting, Indonesia policy has opened humanitarian

17 Indonesia Factsheet 2016. (2016). Retrieved September 29, 2016, from United Nations Commissioner for Refugees (UNCHR): http://www.unhcr.org/50001bda9.pdf 18 Tom Brown, A. M. (2016, March 22) Retrieved November 1, 2016, from The Conversation: https://theconversation.com/the-boats-may-have-stopped-but-more-refugees-are-stuck-in-limbo- in-indonesia-56152 19 Mixed Maritime Movements in South-East Asia in 2015. (2016, February). Retrieved January 20, 2017, from United Nation High Commissionerfor Refugees: http://reporting.unhcr.org/sites/default/files/UNHCR%20- %20Mixed%20Maritime%20Movements%20in%20South-East%20Asia%20-%202015.pdf 6

assistance and temporary shelter until the refugees can be sent back to the home or resettlement in a third country within one year (see appendix 1).20 Following after Indonesia agree to provided temporary shelter, Indonesian Foreign Minister through her statement stated that providing temporary shelter to this asylum seeker, however, Indonesia continue will be active in address the root cause of the issue by doing marathon diplomacy. 21 Indonesia Foreign Minister stated that the refugee case is categorized as the irregular migrants issue and this issue is not the problem of one or two country but this is the regional issue. 22 The temporary shelter for the refugee limited for one year, the settlement of refugee will be done by international community and strongly invited other countries in the region to join in this endeavor. Indonesia was active in urging all countries to take action and provided the assistance to solve the Rohingya refugee problem in Southeast Asia. Indonesia’s Foreign Ministry Spokesman Arrmanatha Nasir stated that Indonesia hopes all countries included international organization will act together. 23 Therefore, Indonesia response for the Rohingya case by offering the shelter for the refugee can be view as short term response and further Indonesia was active invited other country will cooperate together to address the issue. Rohingya refugee case is directly affected to the three member states of ASEAN namely Indonesia, Malaysia, and Thailand, after the plight of Rohingya the member states made an emergency ASEAN Ministerial Meeting on Transnational Crime Concerning Irregular

20 Joint statement: Ministerial meeting on irregular movement of people in Southeast Asia. (2015, May 21). Retrieved October 11, 2016, from Relief Web: http://reliefweb.int/report/myanmar/joint- statement-ministerial-meeting-irregular-movement-people-southeast-asia 21 Pernyataan Pers Tahunan Menlu RI 2016. (2016, January 7). Retrieved January 7, 2017, from Kementerian Luar Negeri Republik Indonesia: http://kemlu.go.id/id/pidato/menlu/Pages/PPTM- 2016-Menlu-RI.aspx 22 Tampung 11.941 Pengungsi, Menlu Sebut Yang Dilakukan Indonesia Sudah "Extra Mile". (2015, May 19). Retrieved January 17, 2017, from Sekretariat Kabinet Republik Indonesia: http://setkab.go.id/tampung-11-941-pengungsi-menlu-sebut-yang-dilakukan-indonesia-sudah- extra-mile/ 23 Indonesia urges nations to help solve refugee problem in Southeast Asia. (2015, May 21). Retrieved January 13, 2016, from Channel News Asia : www.channelnewsasia.com/news/asiapacific/indonesia-urges-nations/1862844.html 7

movement of Persons in Southeast Asia.24 During this meeting the most of ASEAN states have argued that they cannot shoulder the burden alone in this case. Indonesian governments also make a same statement, according to Indonesia vice president stated that the challenges of refugee issue is too big for any country to handle alone and the international cooperation is necessary.25 Offering temporary shelter for the refugee expected as the immediate response for the current refugee crisis and it necessary followed by the efforts to find durable solutions the crisis. The diplomatic efforts of Indonesia in address the Rohingya refugee expected can solve the issue without violating the principle of non-interference in domestic matter of neighboring states and not warm up the relations between ASEAN countries. Therefore, based on the spirit of unity and solidarity Indonesia government participated actively through its diplomacy with the effort to solve the influx of refugees in the region.

I.3 Statement of the Problem

As the notes above, Indonesia government agreed to provide humanitarian assistance to the Rohingya refugees. Further, through its diplomacy Indonesia placed special attention to address the refugee crisis. Indonesia position in response to the Rohingya refugees’ case in line with their foreign policy which is Independent and Active; “Independent means they are alone in decided and determined its own position on world issues without external pressure and Active means they committed to

24 ASEAN Ministers Meet on Irregular Movement of Persons. (2015, July). Retrieved January 21, 2017, from Association of Southeast Asian Nations: http://asean.org/asean-ministers-meet-on- irregular-movement-of-persons/ 25 Statement by H.E. Mr. Jusuf Kalla Vice-President of The Republic of Indonesia at At The High- Level Plenary Meeting to Address Large Movements of Refugees and Migrants. (2016, September 19). Retrieved December 21, 2016, from Vice President of Republic of Indonesia: http://www.wapresri.go.id/en/statement-by-h-e-mr-jusuf-kalla-vice-president-of-the-republic-of- indonesia-at-at-the-high-level-plenary-meeting-to-address-large-movements-of-refugees-and- migrants/

participating in constructive efforts that help build and maintain a just peace. This research is design to analysis the ways of Indonesia’s diplomacy in response to the Rohingya refugee crisis during 2014-2016. Thus, the writer research question as follow:

How did the Indonesia’s diplomatic efforts in response to the Rohingya refugee crisis during President Joko Widodo administration (2014-2016)?

I.4 Research Objectives The research objectives of this thesis are mostly use descriptive- explanatory objective. Therefore, this thesis seeks to: 1. To identify Indonesia’s diplomatic efforts in response to the Rohingya refugees crisis through bilateral, regional and multilateral scope. 2. Explain and analysis the implementation of Indonesia’s diplomatic efforts in response to the Rohingya refugee crisis during President Joko Widodo administration (2014-2016).

I.5 Significance of Study

To provide information and data related to know in depth about the Indonesia government diplomatic efforts in response to the Rohingya refugee crisis and analysis the implementation of its diplomatic efforts through bilateral, regional and multilateral diplomacy. Hopefully through this research could result another perspective of the works and can be future suggestion for the better development.

I.6 Theoretical Framework

The research includes several theories and concept that related each other and also support the idea of the research. The theoretical framework of this research:

Figure 2: Theoretical Framework of Study

Realism Theory

National Interest

Diplomacy Source: Constructed by the writer26

I.6.1 Realism Theory There are many theories in International Relations which attempt to offer a conceptual model to analyze international relation activity. The international relations theory provides a set of tool for understanding and explaining the behavior of states and other actors in world politics. 27 During the twentieth century, the conceptual of political realism for understanding the international relations focused on analyzing the decision making of inter-state actor, qualifying the policies, justifying and criticizing the policies. A major conceptual piece of political realist in the modern era is the state, in realist perspective state becomes the main actor of world stage.

26 Constructed by the writer, Mariesta Varandiga Putri student of International Relations, Diplomacies studies, President University. 27 Betts, A. (2009). Forced Migration and Global Politics. Blackwell Publishing . 10

State is become the main actor in realist perspective, national interest concept is the important element in realist theory and the national interest is the crucial part for maintaining its survival. 28 Some scholars developed realism into a comprehensive international relations theory such as Hans J. Morgenthau (1904-1980). Morgenthau theory main works for realist theory can found in his books “Politics among Nations”. 29 Systematized realism concept in International Relations (IR), Morgenthau collecting all his finding on the basis six principles of political realisms in his book. Morgenthau’s focuses on the centrality of the national interest was particularly important part for the state and his theory famous sentences is: “The main signpost that helps political realism to find its way through the landscape of international politics is the concept of interest defined in terms of power”.30 National interest is the master key and the core of Morgenthau’s principle, this principle stated that the states always define and act for securing and fulfilling their national interest by means of power. Indeed, his theory also reminds about the national interest as the determinants of state’s foreign policy and national interest is always dynamic. National interest characteristic is dynamic and continuously analyzed for examining the policies and action of the state and its changes due to the changes in political and social environment. Further, realism accepted that foreign policy is really based upon national interest. Besides the core principle of national interest in realist thought, political realism also covering other conceptual models for international relations which is the diplomacy. Realism believes that the diplomacy is the crucial part. According to Morgenthau diplomacy is “the brains of

28 Strohmer, C. (2013, December). Realism and Idealism. Retrieved December 13, 2016, from Charles Strohmer: http://www.charlesstrohmer.com/international-relations/international-relations- 101/realism-idealism/all/1/ 29 Jervis, R. (1994). Hans Morgenthau, Realism, and the Scientific Study of International Politics. Social Research, 61, 853-876. Retrieved December 14, 2016, from https://disciplinas.stoa.usp.br/pluginfile.php/364769/mod_resource/content/1/jervis_1994.pdf 30 Morgenthau, H. J. (1948). Poltics Among Nations: The Struggle for Power and Peace (7th ed.). New York: McGraw-Hill pg.3-16 11

national power”. The brains of national power means that diplomacy is use to bring different elements of the national power to bear with maximum effect in international relation which concern into national interest most directly. 31

STATE

National Interest

Diplomacy

32 Source: Constructed by the writer

a) In realism, state always directed to the landscape of national interest b) In order to secure its national interest, state will conduct the diplomacy

Morgenthau realist theory emphasizes the international politics

landscape is define from the national interest of a nation. In addition, Morgenthau also stated that one of the way of a state secure its national

interest is through the diplomacy. Therefore, in realism political the major

concern of a state is the scope of national interest and the state will conduct the diplomacy in order to fill the national interest.

31 Strohmer, C. (2013, December). Realism and Idealism. Retrieved December 13, 2016, from Charles Strohmer: http://www.charlesstrohmer.com/international-relations/international-relations- 101/realism-idealism/all/1/ 32 The diagram constructed by the writer based on the analysis of the Morgenthau’s theory 12

I.6.2 National Interest The national interest in International Relations (IR) has served as the collective needs that drive a country to fulfill and being a standard to measure the policy guidance for decision maker, such as stabilizing the economy, safety, or welfare in the country. All country is always engaging themselves in the process of fulfilling or securing the goals of the country national interest. State will always try to justify their actions based on its national interest. National interest concept still become unclear, uncertain, and ambiguous concept, but it can be concluded that the national interest depict abstract object. National interests of a country must have a wide range that contains a destination country to maintain its presence. The national interest is a guideline for the preparation foreign policy to realize the country goals or ideals of a country. Therefore, the national interest is aimed to realize what is referred to as the common good and the values that are considered ideal for the state and its citizens. In general, all states accept the right of every country to secure its national interest and recognized the behavior of a state is always conditioned and arranged by its national interest. According to Morgenthau, he distinguishes the level of national interest between permanent interest (long-term objectives) and temporary (short-term objectives) or general and specific interest. 33 Permanent interest is the interest of country is relatively constant over a long period and temporary interest is the interest of a nation at any particular time.34 By adopt this national interest concept will help the writer in analyze and identifying the national interest of Indonesia’s government in response to external affairs. In this case the national interest is relatively equal among all countries is the security aspect include the survival of its people and the region needs and well-being (prosperity). Indonesia's national interest

33 Morgenthau, H. J. (1952). Another "Great Debate": The National Interest of the United States (Vol. 46). American Political Science Association. 34 Marleku, M. A. (2013). National Interest and Foreign Policy: The Case of Kosovo. Mediterranean Journal of Social Sciences , IV, 415-420. 13

can be view in 1945 Constitution of Indonesia is stated that the country shall protect all people of Indonesia and whole homeland of Indonesia, promote the general welfare, develop the nation intellectual life and participate and contributed to the implementation of world order based on freedom, lasting peace and social justice.

I.6.3 Diplomacy Diplomacy is not new in international world, diplomacy establish since the beginning of the human race, and diplomacy present in offer the alternative way of conducting negotiations between two persons or two nations essential to upkeep international affairs. Diplomacy refers to a process of government build communication with foreign country in attempt to build similar understanding and to promote the nations ideas, institutions, culture, and national goals. Many functions of diplomacy such included preventing war and violence usually handled at the talking levels and it can rise to treaties as well as embargo. British diplomat Harold Nicolson define diplomacy is “the management of international relations by means of negotiations; the method by which these relations are adjusted and managed by ambassadors and envoys the business or art of the diplomats”. Therefore, diplomacy serves the way for any peaceful and efficient change because world’s affairs without diplomacy would be abolished. Concept of diplomacy are consists of procedures and techniques for conducting the relations among nations. Diplomacy becomes as official machinery for the conduct of relation whether in bilateral as well as multilateral in form. Diplomacy activity may embrace all types of matters from simplest issue to vital issue and diplomacy always operated both in times of peace as well as war. Through the history of diplomacy has been a paramount element in maintaining the peace and the creation of positive changes.35 There are a lot of examples of how diplomacy affected

35 Amacker, C. (2011, July 20). The Functions of Diplomacy . Retrieved November 5, 2016, from E-International Relations Students : http://www.e-ir.info/2011/07/20/the-functions-of-diplomacy/ 14

the countries such as the negotiation between Clinton’s and Kim Jung Il in North Korea, their peaceful communication has bring successful negotiation in release of two American citizenship.36 In short, diplomacy has presented to resolve the specific agenda in harmony and peaceful way. Diplomacy is used in every part of the world, The Peace of Westphalia in 1648 existed as the first diplomatic congress to build a new world order in Central Europe. There are two main objectives of diplomacy which is political objectives and non-political objectives. Political objectives is related how the government use diplomacy to secure the goals of country’s interest as defined by the foreign policy and the diplomacy is use to increase the influence of one state over another states. Non political objective of diplomacy means the way of state in use the diplomacy upon non-political activities such as economic and industrial trade. Meanwhile, as whole the purpose of diplomacy is for persuade and promoting the interest of a nation in the friendship and cooperation ways. Diplomacy concept will help the writer in analyses the Indonesian’s government diplomacy practices to promote its foreign policy in response to international event especially in the refugee flows issue. Definitely, all attempts of Indonesia foreign policy and diplomacy activity always is directed to support and ensure the achievement of the national interests of Indonesia which hold on the principle of the implementation of independent and active foreign policy.37

I.7 Scope and Limitation of Study

This thesis is primary put focus on how Indonesia diplomacy practices in response to the Rohingya refugee crisis in Southeast Asia. Indonesia as affected country due to the exodus movement of refugee has put their role in providing humanitarian assistance and continues efforts to find the solution to the crisis. This study will be limited to the analysis of

36 Amacker, C. (2011, July 20). The Functions of Diplomacy. Retrieved November 5, 2016, from E-International Relations Students : http://www.e-ir.info/2011/07/20/the-functions-of-diplomacy/ 37 Buku Diplomasi Indonesia 2014 (2nd ed.). Jakarta: Kementerian Luar Negeri Republik Indonesia. 15

Indonesia’s government effort in response to Rohingya refugee crisis through diplomacy both bilateral and multilateral. The level of analysis will focus on state level. The limitation of timeframe in this thesis will be concluding from the data from 2014-2016. Writer choose the time frame of this thesis started from 2014 because of the Rohingya refugee crisis is started from 2014 and the Indonesian government policy for the short term response by offering the temporary shelter for the refugee is limited for one year after the breakout of massive exodus of Rohingya in May 2015.

I.8 Definition of term I.8.1 Diplomacy Diplomacy is the art and practice of conducting negotiations between nations”; skill in handling affairs without using hostility” I.8.2 Exodus Exodus is a departure of a large number of people and the act or an instance of going out from somewhere. I.8.3 Refugee Refugee is people owing to a well-founded fear of persecution, on the grounds of race, religion, nationality, or membership of a social group, find themselves outside their country of origin and are unable or unwilling to avail themselves of the protection of that country. I.8.4 Refugee Settlement Refugee Settlement can define as the process settlement of refugees, the act of resettlement or being granted for asylum seeker or refugees from an asylum country to the another state that has agree in received them and grant them the process of permanent settlement. I.8.5 Migration

The movement of person/group either across an international border or within the state.

I.8.6 Irregular Migration

The movement that takes place outside the regulatory norms of the sending, transit, and receiving countries

I.9 Structure of Thesis This thesis will be compelled of five chapters. The detail of every chapter will be presented below: I.9.1 Chapter I – Introduction This chapter has the purpose to introduce the reader about the whole content of the thesis briefly. Chapter 1 section will inform from the Background of Study of the research, Problem Identification, Research Question, Research Objective, Significant of Study, Theoretical Framework, Scope and Limitation of Study, Definition of Term and Thesis Structure. The writer expected to have basic understanding and knowledge about what the thesis all about. Moreover, this chapter aims to provoke the reader to have further reading on the research content. I.9.2 Chapter II – Literature Review The second section of the thesis provided a literature review. Literature review was conducted to critical and depth evaluation of previous research in particular area of research. Literature review aims to evaluative report of information found in the literature and related to the research. Literature activity is beyond that search information, included evaluated and analyzed the relations in field of research and suggests further research. I.9.3 Chapter III – Research Methodology The next chapter of the thesis informs the reader about research methodology, how the research was conducted, and how the author collects the data and analyzes data. Included the detailed of research methodology that use by writer of the following parts: Research Method, Research Time and Place and Research Instrument

I.9.4 Chapter IV – Indonesia’s Government Responses toward the Rohingya Refugee Crisis The beginning of this chapter will describe the stages of Rohingya refugee crisis and how the domestic challenges in Myanmar affected to Indonesia. Further this chapter was highlighting the response from the government of Indonesia toward the Rohingya refugee crisis. In this chapter writer will design the Indonesia in response to the Rohingya Refugee Crisis. The critical point is to understanding the interest of Indonesia toward the settlement of refugee crisis and how the country response to the influx of refugee. I.9.5 Chapter V – Indonesia’s diplomatic efforts in response to the Rohingya refugee crisis (2014-2016) The previous chapter offering the overview of Indonesia response to the Rohingya refugee crisis. Finally, in this chapter will be continuing the previous chapter, the writer will show the diplomatic efforts of Indonesia in response to the Rohingya refugee crisis bilateral, regional and multilateral.

I.9.6 Chapter VI – Conclusion This is the finale of this thesis content. Conclude the whole thesis that may be useful for the next researcher.

CHAPTER II

LITERATURE REVIEW

II.1 Literature Review

Before continuing discussing about Indonesia diplomacy practices in response to the irregular movement in the region, writer have studying and analyzing the previous research. This chapter will provide reviews from previous researchers that have been conducted that help the writer in understanding the case. The literature reviews conducted as a method to analyzing a study that has correlation with the research topic and helps the writer in determine theoretical basis. The finding research will try to identity the focus, issue identification, key finding and the relevance with the research. The literature review basically is important to familiarizing the writer with the previous research and build clearly understanding in topics.

II.1.1 The Dilemma of Non-Interference: Myanmar, Human Rights, and the ASEAN Charter

Analyzing the human rights situation in Myanmar will bring better understanding about the root cause of Rohingya refugee crisis. The literature from this chapter take from northwestern journal with the title is “The Dilemma of Non-Interference: Myanmar, Human Rights, and the ASEAN Charter.38 The beginning of this article shows the ongoing human rights violations committed by ruling military junta and how the Junta actions affected to the ASEAN. Myanmar in achieving of its independent political existence faced deteriorated situation under the rule of its military regime for a long time.

38 Arendshorst, J. (2009). The Dilemma of Non-Interference:Myanmar, Human Rights, and the ASEAN Charter. Northwestern Journal of International Human Rights, VIII(1), 101-121. Retrieved December 10, 2016, from http://scholarlycommons.law.northwestern.edu/njihr/vol8/iss1/5 19

1962, Myanmar under Ne Win military coup and ruling the government administration for twenty-six years. The collapse of Burma economy and the subsequent political and economic unrest for the people are lead to massive protest against Ne Win’s government. The massive protest culminating, called as “8888 Uprising” happening in August 1988. During the uprising, the situation being involutes since the military forces lashed out violently against the demonstrators and killing over 1000 people. In the turmoil, a new group of military leaders present against Ne Win administration and establish “State Law and Order Restoration Council (SLORC)”. The effort of SLORC to restore Ne order and secure its hold in the country, cracked down brutally on dissidents, killing thousand and until holding parliamentary on May 27, 1990. 39 In August 2007, new group of people who support for democracy has exist to protest the deteriorating economic situation and government crackdown violence on the marchers. To address the issue State Peace and Development Council (SPDC) the current name of SLORC after it changes in 1997, the government response by held a constitutional referendum in 2008. However, the new constitution containing questionable provisions for example the member of military gets one-fourth of parliament seats. This situation has proof that the military regime has maintained its tight grip on all aspect of Myanmar and the politic situation has not changed for the better. Violation committed by the military forces especially against the ethnic minorities of Myanmar can be seen as techniques of a “four cuts” strategy to ending the insurgences. One of the practices of four cuts strategy is the destruction of villages and resulted over half a million people have become IDPs. The World Refugee Survey announces Myanmar produces over 75,000 refugees and million have fled Myanmar but are not registered as a refugee, in addition, many of them being the victim of legal and human rights abuses in Myanmar. The human rights

39 During the time, SLORC was officially changed the Country’s name for English version from Burma to Myanmar. 20

crisis in Myanmar also harmed neighboring country through the uncertainty risk may come such as the irregular movement of human trafficking, the production of transnational criminal and distribution of illegal drugs. Therefore, the refugee and migrants from Myanmar have taken considerable strain on the government of the neighboring country. ASEAN historically establish a non-interference policy for the internal affairs of the member. Each member must be careful in response to the one issue, due to this concept. Related to the Rohingya issue the important step of ASEAN is to promote the human rights issue in Southeast Asia, for example the formation of the ASEAN Intergovernmental Commission on Human Rights (AIHCR). The purpose of AIHCR is to address and promoting the human rights, rather than addressing the issue in specific situation. This concept seems like an alternative way for the member states of ASEAN as they historical reluctance to interfere the domestic affair in directly. This article is very useful for us to understand the historical background of the refugee from Myanmar and how the human rights abuses in Myanmar will effect to the ASEAN country. Besides that, the writer interest in this research is to come forward to analysis the effected country response (Indonesia) to the current issue which is Rohingya refugee as known as that they are from Myanmar country. The problem inside Myanmar has spilled over into the nearest country through the migration and refugee flows. The human rights abuses in Myanmar is not only how do the government action suppress the society but also they are creating destabilizing effects that threaten the peace, security, and prosperity of ASEAN.

II.1.2 Rohingya Briefing Report from Warzone Initiatives 2015

The first literature clearly describes the historical background of human right violence happening in Myanmar and how the internal issue has taken into regional issue. The next literature of this chapter is from

Warzone initiatives with the title Rohingya briefing report.40 The report focusing on Rohingya included legal implication for Rohingya and current situation of Rohingya. The government of Myanmar has played a major role in the oppression of the Rohingya, there is widespread dislike and hatred toward Rohingya. Anti Muslim rhetoric cannot be avoided, leading up to 2015 election, President Thein Sein use numerous discriminatory laws as evidence that is a strong leadership and he should be elected for another term. There is two major act were legislated that infringed the rights of Rohingya citizenship: the 1974 emergency immigrations act and the 1982 Burmese Citizenship Law. Following 1975 Emergency immigration are stated to all citizen to carry an identity card (National Registration Certificated) and the fact is Rohingya people ineligible for these cards. They are eligible for the Foreign Registration Cards which is only offered limited rights. Under 1982 Burmese Citizenship is also show that Rohingya are not listed officially as the citizen of Myanmar. The laws propose three tiers of citizenship and the Rohingya are not listed on those three tiers. Myanmar government justifies the action by stated that Rohingya is an illegal immigrant from Bangladesh and Rohingya cannot be included in the list of 135 official ethnic groups and preventing them from gaining full citizenship. There are three tiers of citizenship within Burma: member of indigenous ethnic of Burma from before 1823 (Full Citizenship), those born in the country after 1823 (Associate), for those who could provide evidence that his/her parents with one of the three types of citizenship (Naturalized Citizens). The situation in Myanmar is creating Rohingya people become stateless and face harsh discrimination due to the animosity toward them. The Rohingya current situation is the lack of citizenship, lack of

40 Rohingya Briefing Report. (2015). Retrieved December 23, 2016, from Warzone Initiatives: http://www.warzone.cc/rohingya-briefing-report/

22 representation, and lack of rights and freedom. They are living in a very difficult situation, trapped with no right and nowhere to go. The migrant movement of Rohingya people is not a good alternative way for them, fled the country in rickety boat put their life in jeopardy on a dangerous sea, putting their family at that hands of human traffickers. From this report, they are showing a number of migrant movements of Rohingya from 2014-2015. 11.159 people in Q1 2014, 12.031 people in Q2 2014, 9.415 people in Q3 2014, 30.988 in the Q4 2014, 25.753 people in Q1 2015. The highest number of migrant movement happening is during the last year of 2014 and in the beginning of 2015. From this report, the higher number of migration movement of Rohingya in the late of 2014 its similarity with the refugee numbers who come to the neighboring country such as Indonesia, Malaysia, and Thailand in the beginning of 2015. The massive movement of refugee it cannot be easy to handle, most of receiving country hesitant to allow the Rohingya into their country. ASEAN member states have to deal with the influx of refugee and they may be forced to implement concrete action on behalf of the Rohingya. There are a lot of debates due to the Myanmar government action in serve their ethnic minority whether they included into the definition of against humanity, ethnic cleansing or genocide. In the international law, Myanmar has not upheld the principle of Responsibility to Protect, which means the state has failed to protect its populations from genocide, ethnic cleansing, war crimes, and crimes against humanity. Otherwise, the Myanmar government response from this situation that they are not in the ethnic cleansing situation, cited from Mr. Win Myaing as the spokesperson of the Rakhine State May 15, 2013, stated that “How can it can be ethnic cleansing? They are not an ethnic group”. In summary, the Burmese government has failed to preserve the right of the Rohingya and worked to dismantle these rights.

II.1.3 The Rohingyas: Security Implications for ASEAN and Beyond

Next section of the literature review has taken the research from the researcher at the Institute for Defence Studies and Analysis. 41 The author tries to describe the latest developments in the exodus of Rohingyas in the region and underlining the primary reasons for the mass exodus of Rohingya people from Myanmar can be found in the internal socio-political situation. Further, this article was describing another important aspect of the limits of ASEAN in response to the current issue, and portraying the Rohingya issue has serious stability impact for the region and beyond. There are two main important parts to pay attention to the recent influx of Rohingya. First, regarding to the next general election in 2015, it is important to watch how the country is treating their ethnic minority. Second, it interest to see how the ASEAN as the regional organization is responding to this situation, the lack of proper institutional mechanism and political agreement within the regional grouping and analysis its limitations to resolve the Rohingya crisis. The similarities this article with the author research is by assessing the Rohingya crisis will affect into the security implication will destruct the stability both Myanmar and the region. Irregular movement of people combining with human trafficking issue has awakened the countries interest to keep up the stability of the country. Indonesia and Malaysia have only agreed to take a responsibility to assist the Rohingya migrants with temporary shelter and it can be interpreted no permanent solution to the problem. The other hand Myanmar announced that the Rohingyas are migrants from Bangladesh and the country cannot be blamed for this influx. The purpose of ASEAN Community by the end of 2015 which is the forming an integrated ASEAN Community not only economic integration but, socio-cultural issue and political security have also into account. A Shared sense of

41 Kundu, S. (2015, May 29). “The Rohingyas: Security Implications for ASEAN and Beyond”. Retrieved September 29, 2016, from http://www.idsa.in/issuebrief/TheRohingyas_skundu_280515 24

responsibility, the human rights protection, social rights, and all parts of the projected ASEAN Community and rejected the responsibilities toward Rohingya is actually contradicting their own agenda. The other serious impact as a result of the absent of formation of any lasting solutions are the rise of extremism group. A few months ago, Islamic State (IS) has declared the possibility of the group next target operational area, which is Myanmar. The Muslim populations in Myanmar continue faced discrimination based on their religion and ethnicity, the dreadful experience of the boat people may push them toward Islamic State (IS). The current situation of Rohingya may look another unexpectedly serious implication such as affected the Myanmar’s relations with its neighbor and others ASEAN partner, broke of mutual trust and confidence each ASEAN country toward ASEAN integration. Therefore, the authors are interested in doing research on the further action of the ASEAN countries in dealing with the Rohingya crisis focusing on the Indonesian government's efforts to manage the crisis.

II.1.4 Dampak Singgahnya Pencari Suaka ke Australia Terhadap Peningkatan Kejahatan Transnasional di Indonesia

The next literature uses by the writer in this chapter from Dindya Sisca Prahenti (2013) Airlangga University “Dampak Singgahnya Pencari Suaka ke Australia Terhadap Peningkatan Kejahatan Transnasional di Indonesia”. 42 The number of asylum seeker or refugee in Indonesia has effected on the escalation of security threat to Indonesia. The cause factor is Indonesia territory cannot fully protection makes the illegal movement can entering without being detection by Indonesia immigration officer. Strong correlation between geography Indonesia and the dimensions of maritime security related to the number of asylum seekers who able come

42 Prahenti, D. S. (2013). Dampak Singgahnya Pencari Suaka ke Australia Terhadap Peningkatan Kejahatan Transnasional di Indonesia. Retrieved November 14, 2016, from http://journal.unair.ac.id/download-fullpapers-jahi0eaa661d8a2full.pdf

to Indonesia to the phenomenon of transnational crime such as human trafficking and smuggling of illicit drugs in Indonesia. Non-traditional security threat can be seen from transnational crime by asylum seeker in Indonesia. Transnational crime by an asylum seeker in cases of drug trafficking that reached 60.9% is very surprising. In short, asylum seekers in Indonesia could threaten the national security of Indonesia with the involvement of asylum seekers as perpetrators of transnational crime in Indonesia. In this study also mentions the lack of capability of Indonesia in dealing with asylum seekers who arrive in Indonesia, the capability here emphasized the importance of maritime defense forces in Indonesia. The relevance of this research has the same thought that the presence of an asylum seeker or refugee is a threat that could undermine the national security.

II.1.5 Irregular Maritime Migration in the Bay of Bengal: The Challenges of Protection, Management and Cooperation

First literature sources from International Organization for Migration (IOM). Kathleen Newland. 2015. The content of this article provided several main discussion which is offering an overview of the routes and pattern of migration, shown the development of migration flow and describe how policy response to it have build the priority to the protection of migrants and refugee.43 Referring to the title of the research, the author focuses on how the challenges of protection, management, and cooperation in response to the irregular migration in the Bay of Bengal. Stronger regional corporations have become important factors in the analysis in which the author looks summarizing several recommendations about how to response to maritime migration crisis focused on saving lives and countering smuggling.

43 Newland, K. (2015, July). Irregular Maritime Migration in the Bay of Bengal: The Challenge of Protection, Management and Cooperation. Retrieved October 17, 2016, from http://publications.iom.int/system/files/pdf/mpi-iom_brief_no_13.pdf

The writers have a similar thought in analyzing the complexity in maritime migration in the region which is the exodus of irregular migrants in the region have raised the attempt of governments in the Asia-Pacific to control the country borders and to follow their obligations under international law. The articles focused on irregular maritime movement in Asia in the case of a Muslim minority in western Myanmar have suffered the poverty and discrimination. The analysis of this article has clearly illustrated how the position of each ASEAN countries in responding to maritime migration issues, therefore, the challenges in facing regional cooperation needs to be considered. Most often the migration activities have done by smugglers and crackdown on smugglers may leave migrants in critical danger, otherwise expanded maritime search and rescue without the plan may cause tensions among the involved states. Regional mechanism remained as a positive way of handling the crisis. The article had mentioned that better collection and sharing of data are needed to solidify the evidence for policymakers and help to define the nature of the problem. This article also has a similar thought of analysis with the author about the use of collaborations among countries in the region could help to support the development and management of migration policies, but unfortunately in this article does not describe further what forms of collaboration and what kind of action from specific country in response to the case. Therefore, it is becoming a differentiator between the article and this research while the authors will explain how the efforts of affected country (Indonesia) in response to the issue of maritime migration through diplomacy approach, both bilateral and multilateral. By hoped that previous research and supplemented by this research conducted by the author will give a better contribution to the further research.

II.1.6 The Unknown Fate of the Stateless Rohingya

Next literature review in this section come from the Oxford Monitor of Forced Migration (OxMo) the purpose of this journal is to protecting and advancing human rights of individuals who have been

forcibly displaced. The title is “The Unknown Fate of the Stateless Rohingya”. 44 The article presents to discuss the situation of Rohingya and analysis with a view to addressing the issue of their citizenship and protection. The quasi-military of Burma government proceeded to act violence and human rights abuses against the Rohingya ethnic in North Rakhine State. Securities forces have done by the government are turning into the violence, arresting them without causes and driving them to flee from their homes. After the government of Burma produced 1982 Citizenship Law of Myanmar is legalized the Rohingya people are statelessness. However, the monks instrumental in advocating the democracies are calling the local people not to associate with the Rohingya and have been blocked any humanitarian aid to camps in Burma. Despite the Rohingya situation in Myanmar, the writers also discussed about the Rohingya in Bangladesh. Bangladesh was refused to recognize the Rohingya as refugees and will not grant them citizenship. Rohingya in Bangladesh are living in squalid condition with miserable access to health care and education. Lacking treatment for Rohingya in Bangladesh has been led into unprecedented humanitarian crisis. The attitude from Burma’s military junta from prevented any kind of humanitarian aid made the international community was struggling with the applicability of the Responsibility to Protect (R2P). Therefore, the critical question from this article is who bears the responsibility to protect the Rohingya. Generally, ASEAN as a regional organization was standing in the critical position, the non-interference principle over another member state that enshrined in the ASEAN charter restrict room to act particularly in the case of the situation in Burma with protection concern. Despite the limitation of ASEAN to interference the internal affair of member state country, ASEAN has existing mechanism to deal with this issue, such as

44 Ian G. Robinson, I. S. (2012). The Unknown Fate of the Stateless Rohingya. (J. S. Chloe Lewis, Ed.) Oxford Monitor of Forced Migration , II (2), 16-20. 28

ASEAN Regional Forum (ARF), ASEAN Intergovernmental Commission on Human Rights (AIHCR) and it can be used as mechanism to implement the R2P principle without violating the principle of non- interference. In the international level, the third pillars of R2P have been highly controversial which advocated for the use of force. Military intervention in Myanmar will not improve the humanitarian situation in Rakhine state instead create a tension in Asia region. Military intervention will be counterproductive. The practices of diplomatic mechanism, humanitarian and peaceful means to pressure the Burmese government is seems to be alternative action and developed a comprehensive plan. Then, following the article content that mentions about how to response to the Rohingya crisis by peaceful means and diplomatic action was in line with the writers though to analysis diplomatic action in response to Rohingya crisis in Southeast Asia region. Combination action of Burma, Bangladesh, ASEAN, UNHCR, in achieved long-term peaceful resolution of the crisis is needed. The role of UNHCR to oppress the Burma government to allow independent humanitarian access for fact finding.45 In ASEAN level, this article was mentioned that Indonesia and Malaysia potentially take major role in resolve the Rohingya issue and formulating a comprehensive strategy in the Rakhine state.

45 Ian G. Robinson, I. S. (2012). The Unknown Fate of the Stateless Rohingya. (J. S. Chloe Lewis, Ed.) Oxford Monitor of Forced Migration , II (2), 16-20. p. 18 29

II.2 Chapter Summary

Myanmar armed forces against the Rohingya ethnic minorities have spilled over into neighboring country through the migration movement and refugee. In the second report from the literature has shown the highest number of migrant movement happened in the last year of 2014 and in the beginning of 2015. The higher number of refugee movement in 2014 is similarity with the refugee number who come to neighboring country such as Indonesia, Malaysia, and Thailand in the beginning of 2015. Indonesia and Malaysia have agreed to offer temporary shelter and it can be interpreted as no permanent solution to the problem.

ASEAN historically establish a policy of non-interference, each member must be careful in response to the specific issue in the region. The diplomatic mechanism is seems to be alternative action and comprehensive approach without violating the principle of non- interference. One of the literatures arguing that military intervention will not bring positive result in overcomes the Rohingya issue. In addition, for the ASEAN level Indonesia has potentially to have a major role in resolve the Rohingya refugee issue due to the past experience Indonesia is success to overcome the Vietnamese refugee.

CHAPTER III

RESEARCH METHODOLOGY

Research is an academic activity for a student and other term must be used in the technical sense, according to scholars Clifford Woody (1884-1948) from the University of Michigan who define the component of research mentioning that research is comprise defines and redefining problems, formulating a hypothesis or suggested solution, collecting, organizing, evaluating data, and reaching the solutions.46 In the process of making thesis research, it is necessary to have research methodology. The research methodologies define as a process to systematically solve the research problem and be understood as a science of studying how research is finish scientifically.47 In the third chapter of this thesis, the writer will present the general outline of the method that writer use during the writing process. In this chapter will explore the methodology used, the process of gaining the data or research instrument, research framework and research time and place.

III.1 Research Method The objective of this research in order to find the answer of the research writer should find the questions, and understands the topic in deeply. The research is conducted based on political science and in coverage in International Relations scope of study. To making a proper research, the writer will use the qualitative method in this research. The major concept of qualitative research is the capability to provide a complex textual description of people experience a given research issue, effective in identifying intangible factors such as social norms, and socioeconomic.

46 C R Kothari, G. G. (2014). Research Methodology: Methods and Techniques (3rd ed.). India. 47 Ibid. 31

Qualitative research is concerned with the qualitative phenomenon, for example, the peoples are interested in investigating the reason of human behavior. The qualitative research aims underlying motive and desire to shape the critical thinking of the researcher and understood the meaning of one behavior and the effect of the behavior to the surrounding. The goal of qualitative research is to show the relationship between variables, statistical description, establishing the facts, validation, prediction and control and testing hypothesis.48 This research is designed to use the descriptive analytical method which part of qualitative research. The descriptive analytical method has explained a method that writers use to describe the facts and circumstances based on theories and concept. This research is to describing and explaining the Indonesia diplomatic efforts in response to the Rohingya refugee crisis. The writer use realist perspective and several concepts that help the writer to interpret the case study through the scope of international relation study.

III.2 Research Framework This research will deal with the Indonesia government diplomacy activity during 2014-2016 under Jokowi administration in response to Rohingya refugee crisis. The specific actor that will be analyzed in this research is Indonesia government.

Rohingya Refugee Crisis

The Indonesia's Government Responses

Indonesia's diplomatic efforts in response to Rohingya refugee crisis

48 Castellan, C. M. (2010). Quantitative and Qualitative Research: A View for Clarity. International Journal of Education , II, 1-14 32

Research Framework

Refugee

Crisis

Indonesia offering temporary shelter for the refugee

The Settlement of Refugee Crisis

Diplomatic Efforts

Bilateral Regional Multilateral

Source: Constructed by the writer

The mass exodus of Rohingya people in Southeast Asia has awaken the attention of the world especially Indonesia, since the movement of the people directly effect to Indonesia. The response for the affected country are become the interesting event in international relations. In the short term response, the government of Indonesia agreed to give temporary shelter and limit the period of Rohingya refugee settlement by one year. Indonesia as the transit country for refugee already adopts the huge number of refugee whereas the government recognizes that Indonesia governments lack the capacity to shelter them for the long term. Indonesia temporary shelter must be followed by the long term/ durable solutions for the refugee crisis. According to UNHCR, there are three options for the settlement of refugee case which is voluntary repatriation, local integration, and resettlement. In the same times the willingness of destination country to receive the resettlement of refugee is decrease, makes Indonesia as transit country in the difficult situation. Therefore, after offering temporary shelter the government of Indonesia 33

strongly calling for other international community will join in the settlement of refugee crisis. Further, in order to achieve the country interest over the settlement of refugee crisis the country will conduct the diplomacy. The diplomatic efforts of Indonesia government are directed to support the achievement of national interest. Indonesian Foreign Minister stated that Indonesia’s diplomacy will be active in addressing the refugee issue by addressing the root causes of issue and support for the cooperation between countries of origin, transit and destination country. Therefore, this thesis is design to know in depth about the Indonesia’s diplomatic effort in response to the Rohingya refugee crisis (2014-2016) through bilateral, regional, and multilateral scale.

III.3 Research Time and Place

III.3.1 Research Time • September 2016 This month marked as the very first step has taken by the writers in making this research, began with selecting the topic based on the writers preferences and following next week the university announce the advisor for a student. After announcement of the advisor, the writer began collecting the information regarding to the topic and what happened to get a good grip of the research topic. In the middle of this month the writer began to write the first chapter and also doing the consultations with the first and second adviser. In finding basic information for the topic writer explore the official website of the Foreign Ministry of Indonesia and find the official statement for Indonesia government to help the writer in analyzing the issue. • October 2016 In the beginning October the writer tried to related all the information and knowledge in constructed the framework of the research. This month still covering the Chapter 1,

identified the background of the research, formulating the problem and the research question as well as finding for the proper theoretical framework to explain the topic. Some revision and editing upon the research was also done during this month. • November 2016 The writer moved into the next chapter of the thesis which is literature review. Literature review is conducted to acquaint the writer with the previous research or the available knowledge that related with the writer’s area of interest. In doing the literature review the writer try to find related books, journal, report which may be beneficial to support the research

III.3.2 Research Place The venue of this research is conducted has taken place in several areas: • President University “Adam Kurniawan Library”- Jl. Ki Hajar Dewantara, Jababeka Education Park Cikarang 17550 • University of Indonesia Library –Kampus UI, Depok, 16424

III.4 Research Instrument In order to support the writer in making the research, the writer used several methods to collect the data and information. The collected data in this research is divided into two categories which are primary data and secondary data. The data not only access from official data from the state, this thesis also considered the data from expert on related issue. Therefore, the data related such speech, journal, report considered beneficial to the writing process.

III.4.1 Library Research The writer seeks books which have correlation with the topic in President University’s library and University of Indonesia’s library. This method is very beneficial for the writer in filling the information related to the issues, find the theoretical framework, the historical background of the cases as well as other related information. The libraries also offer the access to e-journal and printed journal such as Cambridge.org, doaj.org.

III.4.2 Internet Research Internet research method is the most common instrument to filling the data research due to the advancement of technology, the use of internet becomes the most useful tools for writer in finding the data. The writer searches the data from internet through several credible website. Official Website Most of the research was cited from the official website of Republic of Indonesia government and Foreign Ministry of Indonesia website. Additional, in find the Indonesia diplomacy activity the writer use the primary resources from ASEAN, UNHCR and UN website. These primary resources helped the writer to see the Indonesia government speech in several meetings. • www.kemenlu.go.id • www.asean.org • www.un.org • www.unhcr.org • www.setkab.go.id • www.wapresri.go.id Books, journals, and articles There were many books, journals, articles contributed for the research writing, the online journal and article is helped the writer to findings the variable and development of the ideas of the topic. Online News Website

The writer used international news website in finding and completing the data, media perspective regarding to the topic. Those online news website such as: • www.theguardian.com • www.nytimes.com • www.thediplomat.com • www.theconversation.com

CHAPTER IV

INDONESIA’S GOVERNMENT RESPONSE TOWARD

THE ROHINGYA REFUGEE CRISIS

The role of Indonesia’s government in the humanitarian crisis in Myanmar had been done for a long ago. In the past Indonesia’s president predecessor Susilo Bambang Yudhoyono (SBY) played an active role in the settlement of the communal conflict in Rakhine State, Myanmar. Indonesia’s government has never stayed silent looking for human rights tragedy of Rohingya ethnic. Before the crisis of refugee, the Indonesian government has sent a letter to the President of Myanmar, Thein Sein requesting that the communal conflict in Rakhine State must be maintained eventually to limits the crisis overspread.49 Further, while the refugee crisis appears in the beginning of 2015, Indonesia’s government still consistently plays an active role in response to the Rohingya crisis. Indonesia announce agreed to provide temporary shelter for desperate boat people to prevent much loss of life. The government also begins to command its naval ship searching for boat people still on the sea to save thousands of Rohingya. Therefore, in this chapter writer will discuss about how the stages of Rohingya refugee affected to Indonesia, how the government of Indonesia response to the influx of Rohingya and the interest of Indonesia government in response to the Rohingya refugee crisis.

49 Sholeh, M. (2012, Agustus 4). Surati presiden Myanmar, SBY minta konflik Rohingya dituntaskan. Retrieved January 12, 2017, from Merdeka.com: https://www.merdeka.com/peristiwa/surati-presiden-myanmar-sby-minta-konflik-rohingya- dituntaskan.html 38

IV.1 The Massive Exodus of Rohingya Refugee in Southeast Asia IV.1.1 The origin of Rohingya refugee

Rohingya minorities struggle to obtain exorcism from persecutions perpetrated on them by the tyrannical government. 50 The conflict that occurs between the Myanmar government and the Rohingya ethnic are still going on until now, which the Myanmar government believes that the Rohingyas are not indigenous people of Burma. The causes of the problem lay in the violence and discrimination experienced by the Rohingya ethnic in Myanmar especially in the destruction of Rohingya communities in the Rakhine States.51 In addition President of Myanmar Thein Sein statement that denies the Rohingya existence and he refers them as Bengalis, suggesting that they are from Bangladesh and they are not responsible for unofficial country’s ethnic. Human Rights Watch described the situation of Rohingya in Myanmar as crimes against humanity as part of a campaign of ethnic cleansing. 52 Anti-Rohingya exploded in 2012 when a Buddhist woman “Ma Thida Htwe (27)” was raped and murdered, and Rohingya men were accused of the crimes. Since that time, Rohingya villages were burned and over 280 people were killed, over 120,000 people fleeing from their home resulted many of them have lived in limbo in Myanmar. 53 Rohingya people try to escape out to sea, face an uncertain fate, and become the victims of human traffickers. July 12, 2012, President Thein Sein tells the United Nations High Commissioner for Refugees (UNHCR) that the government will take responsibility for their own ethnic nationalities, but it is not at all possible

50 Ullah, A. A. (2011). Rohingya Refugees to Bangladesh: Historical Exclusions and Contemporary Marginalization. Journal of Immigrant and Refugee Studies , 139-161. 51Newland, K. (2015, July). Irregular Maritime Migration in the Bay of Bengal: The Challenge of Protection, Management and Cooperation. Retrieved December 20, 2016, from http://publications.iom.int/system/files/pdf/mpi-iom_brief_no_13.pdf 52 Ibid. 53 Smith, C. (2015, August). Myanmar: Rohingya face discrimination, exploitation. Peace, Social Justice and the Integrity of Creation , 40, pp. 10-11. 39

to recognize the illegal border-crossing Rohingyas who are not their ethnicity. He says that the Rohingya pose a threat to national security of Myanmar and that they should be resettled in any third country that is “willing to take them”. 54 Myanmar government had long denied citizenship to the Rohingya and claims that the Rohingya are not eligible for citizenship under the country’s military drafted 1982 Citizenship Law.55 Since that time, the Rohingya have been stripped of the right of citizens, they have been blocked from travel, education, government assistance, land ownership, and marriage.

Figure 3: The number of Refugees, IDPs and Stateless People from

Myanmar (1972-2013)

Sources: Pagano, A. (2016, March 10). The Rohingyas Refugee Crisis: A Regional and International Issue? Retrieved January 19, 2017, from Middle East Institute: http://www.mei.edu/content/map/Rohingyas-refugee-crisis-regional-and-international- issue

54 Timeline of International Response to the Situation of the Rohingya and Anti-Muslim Violence in Burma/Myanmar. (2016, October 13). New York: Global Centre for the Responsibility to Protect. Retrieved from http://www.globalr2p.org/media/files/timeline-of-international-response- to-burma-15.pdf 55 The Rohingya status changed dramatically under the military government of Ne Win, Ne Win’S government systematically stripped citizenship from the Rohingya, starting with the 1974 Emergency Immigration Act and culminating with the 1982 Citizenship Law. 40

The number of Refugees, IDPs and the Stateless person in Myanmar is increasing the time by time due to the unresolved communal conflict inside Myanmar (See figure 3). In April 2013, the violence against Muslim Rohingya still continues, almost 800,000 peoples are living in IDPs camps and isolated communities with minimum access to urgently needed of humanitarian aids. At the same times, thousand of Rohingya are started to flee by boat from Arakan to Bangladesh, Thailand, and Malaysia. Myanmar brutal oppression in the region following a lot of campaign against the Rohingya created a massive exodus of Rohingya’s and put the people as asylum seekers to seek the humanitarian assistance and secure his life toward safer neighboring states. Therefore, the exodus movement of Rohingya ethnic, which thousands of Rohingyas fled the country by boat at sea, as the consequence of the escalation of discrimination and violence occurring in Myanmar for a long time (Rakhine State).

IV.1.2 The Rohingya Refugee Case

Understanding the historical background of Rohingya, it appears the similarity of causation of the humanitarian crisis inside Myanmar with the Rohingya refugee crisis case that happened in the beginning of 2015 in Andaman Sea. Showing the recurring event and unresolved problem in internal Myanmar especially against its ethnic minorities Rohingya with the refugee crisis in Southeast Asian. Rohingya have been deprived of a nationality which the government denies the legal status of this ethnic, they are rendered stateless. This situation effected both internal and external, inside Myanmar the situation affect the number of Internally Displaced Persons and for the external affected to the number of migration movement in the region. The influx of Rohingya is not a new phenomenon, started in 2012 these people are started reached another country. The causes that

motivated the people to leave their home are diverse such as political, economic, and racial. Another factor caused the people flee from their home is called as the pull and push factor which motivated the people to leave. • Push factors are which the condition within their home that motivates people to escaped from their origin. For the Rohingya refugee case, structural reasons such as the lack of opportunities and basic freedom for the Rohingya ethnic in Myanmar became a push factor that some extent compelled the people to get out from Myanmar.56 • Pull factors is which the condition that shows the improved circumstances which the persons expect to find after their escape from their countries. The example of pull factor is the facilities that provide by the UNHCR camps were a pull factor that attracted Rohingyas. 57 The absence of persecution, any kind of physical violence, and Rohingyas feel secure from any communal violence makes the people choose to become a refugee and living in camps are better for them than faced discrimination in their home. In an attempt to avoid the violence in their home country the Rohingya peoples are started made the hazardous journey into neighboring countries. The people are risking everything to find a chance for a better life for their family, many dying at sea and overcrowded wooden vessels 58 In desperation to flee the repression and violence thousand of Rohingya refugees have taken across the Andaman Sea. In the end of 2014 and the beginning of 2015, irregular maritime migration was entered a period of crisis, a wave of migrants and refugee mostly come from Myanmar and some of them are coming from

56 Bashar, l. (2012, June 22). Rohingyas in Bangladesh and Myanmar: Quest for a Sustainable Solution. Singapore. Retrieved December 20, 2016, from https://www.rsis.edu.sg/wp- content/uploads/2014/07/CO12108.pdf 57 Ibid. 58 (2016). Rohingya: Persecuted In Myanmar, Neglected In Bangladesh. London: Amnesty International Ltd. 42

Bangladesh for the economy reason. The number of Rohingya movement has increase significantly compared to the previous years (see figure 4).

Figure 4: The Increasing Number of Movement from Myanmar Border

Source: United Nations Commissioner for Refugee (UNCHR). Mixed Maritime Movement . (2015, June). Retrieved January 12, 2017, from United Nation High Commissioner for Refugee: http://www.unhcr.org/554c6a746.html

The number of maritime migrants has increased significantly. Since 2014, approximately 94,000 refugee and migrants departed from Myanmar and Bangladesh, including 31,000 departures in the first half of 2015.59 The center of migration crisis is the exodus of Rohingya people from western Myanmar mingled with Bangladesh migrant who wants to seek for work opportunities in the other country. The nationalities of the refugee which landed in Indonesia, Myanmar and Thailand are from Myanmar and Bangladesh. Beginning of May three boats with 1,807 passengers has landed in Indonesia (see figure 5).

59 Mixed Maritime Movement . (2015, June). Retrieved January 12, 2017, from United Nation High Commissioner for Refugee: http://www.unhcr.org/554c6a746.html

Figure 5: The Number of Refugee Movement in Southeast Asia May 2015

Indonesia have rescued 1,807 in the beginning of 2015, the people disembark from three smugglers boat between 10-20 May. According to UNHCR who have the responsibility to decide the status of this people stated that approximately 1,000 peoples identified as Rohingya and 55% of whom were under the age of 18. 60 Most of the people have been interview by UNHCR told the movement is facilitating from smugglers and over 1000 people are estimated died in the journey. The high number of the deaths that occurred in the Bay of Bengal possibly due to the distances traveled is very far, many of boats may have been lost at sea without being detected. For example, from Rakhine State to Malaysia

60 Mixed Maritime Movement . (2015, June). Retrieved January 12, 2017, from United Nation High Commissioner for Refugee: http://www.unhcr.org/554c6a746.html

reached 1,500 nautical miles and reach Australia a distance more than 3,000 nautical miles. 61

IV.2 The Responses of Indonesian Government to the Massive Exodus of Rohingya Refugee

South-East Asia has been seen the migration crises for a long time, the cause is more complex and interlinked. The flow of people from Rohingya ethnic and Bangladesh people as economic migrants are seeking for better lives, for those from Rohingya ethnic understood as refugees fleeing from Myanmar government persecution. Indonesia is not a signatory to the 1951 Refugee Convention, but has hosted refugee from all of its neighbors and had no clear domestic policy to deal with refugees. Indonesia lacks formal legislative policy governing the treatment of refugee, all the activity of refugee classified as illegal migrants.62 In the domestic level, Indonesia handling of refugees can be found in the Regulation of the Director General of Immigration Number: IMI-1489.UM.08.05 Year 2010. Director General of Immigration has decided the regulations regarding handling of irregular migrants.

Table 1: Regulation of the Director General of Immigration Number: IMI- 1489.UM.08.05 Year 2010

To enact: Regulations of the Director General of Immigration on the Handling of Irregular Migrants Article 1 In this Regulation of the Director General, the following terms shall have the meaning as assigned:

61 Newland, K. (2015, July). Irregular Maritime Migration in the Bay of Bengal: The Challenge of Protection, Management and Cooperation. Retrieved December 25, 2016, from http://publications.iom.int/system/files/pdf/mpi-iom_brief_no_13.pdf 62 The Association of South East Nation’s (ASEAN) Response to the Rohingya Crisis. (n.d.). Retrieved December 21, 2016, from http://web.isanet.org/Web/Conferences/AP%20Hong%20Kong%202016/Archive/a9258d1e-c9bb- 48f8-8a4d-876f0d544154.pdf

1. Irregular Migrants (literally: Illegal Migrant) shall mean an alien entering and/or subsisting within the territory of the Republic of Indonesia in violation of the applicable legislations. 2. UNHCR, having an office in Indonesia, is the UN’s High Commissioner which provides protection and assistance to refugees and asylum seekers pursuant to the MoU with the Government of the Republic of Indonesia

Article 2 1. Upon being detected as being within Indonesian territory, an irregular migrant shall be subject to immigration action. 2. In the event the irregular migrant as referred to in paragraph (1) declares its intention to seek asylum and/or due to certain reasons cannot be subjected to deportation, such situation shall be coordinated with the international organization in charge of matters of refugees and/or UNHCR to determine their status.

Source: “Indonesia: Regulation of the Director General of Immigration No. IMI.1489.UM.08.05 Year 2010 Regarding Handling of Irregular Migrants”. (2010, September 17). Indonesia: National Legislative Bodies / National Authorities. Retrieved January 1, 2017, from http://www.refworld.org/docid/3ed8eb5d4.html Indonesia reason did not become the member of 1951 Refugee Convention is because economic cost hosting refugee, threat to social cohesion and national security. The connection between refugee flows with the security it can be seen due to the perception of refugee is linked with other transnational crime such as drug trade and the potential of radicalization of Rohingya.63 The existence of Rohingya refugees in the middle of the Indonesian people feared as a source of social conflict. The action of the government to prevent this possibility is to secure the existence of refugees in the middle of Indonesia people not to raise the other problems such as the spread of terrorism and as the source of social conflict.

63 Penelope Mathew, T. H. (2014, March). Refugee Protection and Regional Cooperation in Southeast Asia. The Australian National University.

Indonesia Coordinating Minister for Political, Legal and Security Affairs Tejo Edhy Purdijatno stated that: “In order to response the current influx of Rohingya refugee, the government will handle the refugees with comprehensive manner”.64

And he also mentions: “At the first, they (local people and refugee) still harmonized each other, but later, while they (Rohingya) get the funds in many ways, while the local population living in poor condition and do not get anything, then jealousy between them can happen”.65

After the exodus of Rohingya refugees in Southeast Asian country the ministry of Foreign affairs of Malaysia, Indonesia, and Thailand met in Putrajaya, Malaysia on Wednesday, 20 May 2015 discussing the issue of irregular migrations. Indonesia Foreign Minister stated that the refugee case is categorized as the irregular migrants’ issues.66 Indonesia’s foreign ministers have agreed to offer the temporary shelter for the refugee from Myanmar and Bangladesh and resettlement and repatriation will be done in one year by the international community.67 Even though Indonesia is not part of the 1951 Refugees Convention, Indonesia response will never turn back refugee boats (non-refoulement principle) that enter its maritime territory and consistently provides them shelter, fuel, food, and water.68 Otherwise, Indonesia‘s Vice President, Jusuf Kalla mentions in order to address the refugee crisis “no state can handle it alone”. The influx of

64Rastika, I. (2015, May 21). Pemerintah Anitisipasi Adanya Konflik Sosial akibat Pengungsi Rohingya. (B. Galih, Editor) Retrieved October 12, 2016, from Kompas.com: http://nasional.kompas.com/read/2015/05/21/21503561/Pemerintah.Anitisipasi.Adanya.Konflik.S osial.akibat.Pengungsi.Rohingya 65 Ibid. 66 Tampung 11.941 Pengungsi, Menlu Sebut Yang Dilakukan Indonesia Sudah "Extra Mile". (2015, May 19). Retrieved January 17, 2017, from Sekretariat Kabinet Republik Indonesia: http://setkab.go.id/tampung-11-941-pengungsi-menlu-sebut-yang-dilakukan-indonesia-sudah- extra-mile/ 67 Cochrane, J. (2015, May 20). Indonesia and Malaysia Agree to Care for Stranded Migrants. Retrieved October 30, 2016, from http://www.nytimes.com/2015/05/21/world/asia/indonesia- malaysia-rohingya-bangladeshi-migrants-agreement.html 68 Indonesia, E. o. (2015, May 20). Indonesia Provides Temporary Shelters to Rohingya Refugees, Invites International Cooperation. Retrieved January 1, 2016, from Embassy of the Republic of Indonesia Dhaka, Bangladesh: http://www.indonesia-dhaka.org/indonesia-provides-temporary- shelters-to-rohingya-refugees-invites-intl-cooperation/ 47

refugee is not the problem of one or two nations, Indonesia government stated this is a regional problem and it must be done with regional solutions. Therefore, from the ministerial meeting of foreign affairs of Indonesia, Malaysia, and Thailand, Rohingya boat people are safe for now by offering temporary shelter for refugees, but it just refers to short-term solutions. The root of the issues unsolved and the ministers acknowledged that a comprehensive and durable solution must be included to the crisis.

IV.2.1 The Cooperation between Indonesian Government with UNHCR in Response to Rohingya Refugee

Indonesia's cooperation with UNHCR implemented in 1975, when thousands of Vietnamese refugees coming to Indonesia border. Indonesia is not a party to the 1951 Refugee convention or 1967 Protocol had long tradition of hosting refugees and asylum seekers. The management of refugee and asylum movement in Indonesia will include in irregular migrant activity. In the particular circumstances, the irregular migrant who entering Indonesia territory due to the reason that cannot be subjected to deportation will be handle by UNHCR. Indonesia government has fully authorized UNHCR to protect, determine the status of the people and find the solution for the refugee and asylum. UNHCR conducting a fixed procedure for determining the status of those people and identify the protection based on their status. UNHCR work closely with other government counterparts, for instance: Ministry of Foreign Affairs, the Coordinating Ministry for Political, Legal and Security Affairs, the Ministry of Law and Human Rights and also with Indonesian Red Cross and the National Human Rights Commission to ensure the effective protection of refugee, asylum-seekers and stateless persons. After the influx of Rohingya ethnic in the beginning of 2015, Indonesia government has given fully authority to UNCHR to protect and determine the status of migrants. In order to strengthen the partnership

these two parties agreed to increase collaboration for the protection of refugees, UNCHR signed a Memorandum of Understanding (MoU) with the National Human Rights Commission of the Republic of Indonesia on July 28, 2015.69 Through this MoU, UNHCR and National Human Rights look forwards to stronger collaboration between them, to ensure the protection of human rights of refugees, and the cooperation will focus particularly on protecting the children. Head of National Human Rights Commission stated that the flows of refugee nowadays is unpredictable, unresolved and the number has increase time by time, due to the increasing number of Rohingya refugee from Myanmar and Bangladesh landed in Indonesia shores.70 Most of refugee and asylum seekers fled from their home due to the conflict and human rights abuses to them. Refugees are people who have no choice flee from their home to avoid persecution and to save their live, similar like Rohingya ethnic, these people fleeing from their home in order to avoid the persecution and discrimination. The refugee seek the protection in Indonesia, which provides refugee a safe place to stay until an appropriate longer term solution can be found for the refugee. 71 Therefore, the cooperation between Indonesia and UNCHR is important in order to ensure the human rights of refugee and UNCHR mandate are protected.

69 UNHCR and Indonesia’s National Human Rights Commission Join Forces to Protect the Human Rights of Refugees and Others. (n.d.). Retrieved January 21, 2017, from United Nations Commissioner for Refugee: http://www.unhcr.or.id/id/news/485-unhcr-and-indonesias-national- human-rights-commission-join-forces-to-protect-the-human-rights-of-refugees-and-others 70 MoU Komnas HAM Dan UNHCR Dorong Perlindungan Pengungsi Dan Pencari Suaka. (2015, July 28). Retrieved March 13, 2017, from Komisi Nasional Hak Asasi Manusia Republik Indonesia: https://www.komnasham.go.id/index.php/news/2015/07/28/173/mou-komnas-ham- dan-unhcr-dorong-perlindungan-pengungsi-dan-pencari-suaka.html 71 UNHCR and Indonesia’s National Human Rights Commission Join Forces to Protect the Human Rights of Refugees and Others. (n.d.). Retrieved January 21, 2017, from United Nations Commissioner for Refugee: http://www.unhcr.or.id/id/news/485-unhcr-and-indonesias-national- human-rights-commission-join-forces-to-protect-the-human-rights-of-refugees-and-others 49

IV.3 Indonesia’s Government Interest in Response to the Rohingya Refugee Crisis IV.3.1 The Challenges over the refugee crisis in Indonesia The Rohingya refugee crisis poses domestic challenges for Indonesia, the growing number of Rohingya refugee come to Indonesia could worsen the social, economic, and political problems Indonesia country still faced the crisis number of the refugee in their territory. Indonesia remains as the favorite transit country for the refugee possibly to the geographically in order to achieve the destination country such as Australia. Indonesia hosted more than 10,000 refugees or asylum seeker from Afghanistan, Syria, Iraq, and Iran are still in the waiting process of resettlement.72 Indonesia still in crisis number of refugees, possibly due to the reduction number of country willingness to accept the resettlement of refugee. In order to manage this crisis, the government cannot move on its own, the crisis is a transnational issue and must be maintained as a regional resolution. The challenges over the refugee crisis in Indonesia are increasing from the external and internal factor. Australia’s unilateral policy on asylum and stopping to over resettlement process for refugees in Indonesia has made Indonesia plan to manage the refugee more difficult.73 In fact, Indonesia remains as a major transit country for asylum seeker in order to reached Australia. Australia’s immigration minister Scott Morrison announced: “the asylum seekers who have registered with UNHCR after 1 July 2014 they will no longer able to be resettled under Australia’s humanitarian program. Australia Policy decipherable for any asylum seeker who arrived after July 2014 unable to resettled and

72 Indonesia Factsheet 2016. (2016). Retrieved September 29, 2016, from United Nations Commissioner for Refugees (UNCHR): http://www.unhcr.org/50001bda9.pdf 73 Atin Prabandari, D. D. (2016, August 11). The Connecting Issue of Asylum Seekers and Irregular Migrants in Southeast Asia. Retrieved November 3, 2016, http://www.e- ir.info/2016/08/11/the-connecting-issue-of-asylum-seekers-and-irregular-migrants-in-southeast- asia/ 50

asylum seeker who currently in Indonesia will either have to stay in the country or seek protection in another place”. 74

Since that time Australia reduced the resettlement of refugee from Indonesia to only 450 per year compare to previously in 2013 they had accepted 815 of the total 900 resettled refugees.75Australia’s Policy has put Indonesia in a difficult situation as a transit country and it was very affected by the number of refugee’s in Indonesia, looking from 2014 until May 2015 the refugee statistics showing significant increasing number in Indonesia. The number of people registered in UNHCR increased up to 43%, December 2014, there are 5,659 people is registered in UNHCR while in May 2015, the registration reaches 13,138 persons, this is the highest number of people registered in UNHCR for the past 15 years.76 Therefore, Indonesia as the transit country for the refugee faced the huge number of refugee who are still in the waiting process of resettlement due to the reduction number of Australia to received the refugee. In the internal factor, comprising more than 17,845 islands presents virtually unlimited opportunities to enter Indonesia by boat without detection, corruption, and bribery play a major role which opens up the , not only for staying in Indonesia, but also in facilitating onward migration.77 As one scholar Edward Newman has stated: “Refugee flows are demonstrably a source of international, mainly regional conflict through causing instability in neighboring countries, triggering intervention, and sometimes providing a

74 Farrell, P. (2014, November 18). Asylum seekers registered with UNHCR in Indonesia blocked from resettlement. Retrieved November 1, 2016, from The Guardian: https://www.theguardian.com/australia-news/2014/nov/18/asylum-seekers-registered-with-unhcr- in-indonesia-blocked-from-resettlement 75 Tom Brown, A. M. (2016, March 22). Retrieved November 1, 2016, from The Conversation: https://theconversation.com/the-boats-may-have-stopped-but-more-refugees-are-stuck-in-limbo- in-indonesia-56152 76 Supporting System of Refugee and Asylum Seekers in Indonesia. (2015, July 9). Retrieved November 1, 2016, from SUAKA https://suaka.or.id/2015/07/09/supporting-system-of-refugee- and-asylum-seekers-in-indonesia/# 77 Graeme H, G. T. (2014). Indonesia as a Transit Country in Irregular Migration to Australia. Department of Immigration and Border Protection. Illegular Migration Research and Analysis Section 51

basis for warrior refugee communities within camps that can form the source of insurgency, resistance, and terrorist movements”.78

The problem for Indonesia in hosted ten thousand of refugees can be seen from the impact of refugees in Indonesia. An illegal migrant who are in transit in Indonesia are belonging to courier transnational crimes, such as narcotics and terrorism. The transnational crime has been conducted of refugee in Indonesia is become the challenges for Indonesia. The involvement of refugee as perpetrators of transnational crime gives the non-traditional threat to Indonesia. Indonesia Coordinating Minister for Political, Legal and Security Affairs Tejo Edhy Purdijatno also stated that the existence of Rohingya refugee in the middle of society will be as the source of social conflict. The Rohingya received funds from many organizations to help them, and compare to Indonesia society who are still living in the poor condition and the jealousy happen between them. The external challenges of refugee flow taken into Indonesia consideration to fill their national interest from 1945 Constitution stated that the national interest of Indonesia is the country shall protect all Indonesian peoples and the whole land of Indonesia. Therefore, the consequences for one country in adopted the huge number of refugee, state looking for existence of the refugee as the sources of instability of political, social, and economic.

IV.3.2 Indonesia’s Interest in Response to the Rohingya Refugee Crisis

Following after the massive exodus of Rohingya refugee, the government of Indonesia and Malaysia agree to give temporary shelter for one year. Indonesia agrees to offer temporary shelter: “….Indonesia and Malaysia agreed to continue to provide humanitarian assistance to those 7,000 irregular migrant still at sea, agree to offer them temporary shelter provided that the resettlement and repatriation process will be done in one year by

78 Nahm, S. J. (2006, April 7). The Militarization of Refugee Camps and its Implications for the Delivery Humanitarian Assistance in Times of War. Retrieved October 20, 2016, from http://pol.illinoisstate.edu/downloads/conferences/2006/Nahm07.pdf 52

international community. In the meantime, invite other countries in the region to join in this endeavor…”.79

Indonesia and Malaysia stated that the resettlement and repatriation process which is the settlement of refugee case will be done by international community and underlined that the issue cannot be addressed alone by Indonesia, Malaysia, and Thailand. According to Indonesia’s vice president Jusuf Kalla stated Indonesia agree to receive the flow of refugee with regard to the aspect of humanity, the country will seek to unite the separate family, the children who do not have a family will be accommodate in orphanages.80 However, the government imposes terms, Indonesia only willing to shelter the refugee only for one year. After that, there should be the repatriation and resettlement will be done not only for Indonesia responsibility. Therefore, Indonesia as affected country from the flow of the Rohingya refugee agree to provide temporary shelter and humanitarian assistance currently at risk and invited other country will take the responsibility for the repatriation and resettlement within a period of one year. Offering temporary shelter for the current crisis are seems an appropriate step for saving lives of the Rohingya people and temporary shelter only refer to the short term solution. Definitely, the short-term responses that have been shown by the Indonesia’s government should be followed by long term solutions to address the roots of the problem and to manage the crisis more effectively. UNHCR promotes three durable solutions for the refugee which is voluntary repatriation, local integration and resettlement. 81The concept of durable solution of refugee case has

79 Joint statement: Ministerial meeting on irregular movement of people in Southeast Asia. (2015, May 21). Retrieved October 11, 2016, from Relief Web: http://reliefweb.int/report/myanmar/joint- statement-ministerial-meeting-irregular-movement-people-southeast-asia 80 Muhamad, S. V. (2015, May). Masalah pengungsi Rohingya, Indonesia dan ASEAN. Sekretariat Jenderal DPR RI. Retrieved fromhttp://berkas.dpr.go.id/puslit/files/info_singkat/Info%20Singkat-VII-10-II-P3DI-Mei-2015- 7.pdf 81 Solutions for refugees. (n.d.). Retrieved January 21, 2017, from United Nations Commissioner for Refugee: http://www.unhcr.org/50a4c17f9.pdf 53

traditionally as the form of permanent settlement. 82 Therefore, the temporary shelter is not the permanent settlement for the Rohingya refugee crisis, must be followed by the permanent settlement (durable solution) for the refugee crisis in the region. Based on the Indonesia’s challenges over the refugee flows it can be understood that Indonesia only willing to shelter the refugee for short terms and hopes the settlement of refugee crisis will apply immediately and the process to find the settlement of the crisis is will be done by international community. For Indonesia, helping the refugee poses a dilemma, because Indonesia is not the main purpose of the refugee and Indonesia is not the party of UN Convention so there is no obligation for Indonesia to shelter the refugee for permanent settlement. In the previous chapter we have discuss about how the Indonesia’s challenges over the refugee. In 2014, the government of Australia produces the unilateral policy to stop the resettlement from Indonesia to Australia. This policy gives the significant impact for the Indonesia when the Australia’s government refuses to accept them. In 2015, the refugee registered in UNHCR Indonesia reached 13,138 people, and this is the highest number for Indonesia for the past 15 years.83 According to Indonesia’s foreign minister: “Indonesia is not a signatory to the 1951 UN Convention, Indonesia has gone the extra mile in providing support to the migrant”. Indonesia has done what they should do by offering temporary shelter for the Rohingya refugee, while as the non member of UN Convention Indonesia has no obligation to shelter them for a long time. Also, she stated that the issue of irregular migrants is not merely the problem of one or two nations. This is a regional problem and it happens in other places”. 84

82 Solutions for refugees. (n.d.). Retrieved January 21, 2017, from United Nations Commissioner for Refugee: http://www.unhcr.org/50a4c17f9.pdf 83 Supporting System of Refugee and Asylum Seekers in Indonesia. (2015, July 9). Retrieved November 1, 2016, from SUAKA https://suaka.or.id/2015/07/09/supporting-system-of-refugee- and-asylum-seekers-in-indonesia/# 84 Ina Parlina, T. S. (2015, May 20). Govt offers solutions on Rohingya migrants. Retrieved March 22, 2017, from The Jakarta Post: http://www.thejakartapost.com/news/2015/05/20/govt-offers- solutions-rohingya-migrants.html 54

Indonesia have hosted 11,941 refugee per March 2015, as the developing country Indonesia still lack the capacity to shelter the refugee for a long time.85 Further, the registration process with UNHCR is often lengthy and due to the reduction number of country willingness to accept resettlement of refugee resulted Indonesia in difficult situation. Indonesian Foreign Minister stated that: “Indonesia adopt a huge number of refugee the number almost 12,000 peoples, this is a considerable amount. They are waiting either for the process of verification or for the placement at the third country. For the resettlement process, they are only able to resettle about 500 people per year. It means, if there no acceleration in the resettlement process, this problem will be done in 12 years from now”.86

And also, she stated: “Of course there is hope from Indonesia not only to Australia but to every country to be more receptive to these migrants who have been waiting for resettlement”. 87

Retno Marsudi stated that: “Strongly calling for other countries will assist the resettlement process of refugee because Indonesia (as the transit country) lacks the capacity to shelter them for the long term”.88

Resettlement and repatriation process of refugee is categorized as the permanent settlement of refugee crisis. Indonesia government recognized that the process to find settlement of the crisis cannot solve by Indonesia alone and Indonesia lack the capacity to shelter the refugee for the long term. Therefore, in order to response the current influx of Rohingya refugee Indonesia government agree to give the assistance for a short term

85 Tampung 11.941 Pengungsi, Menlu Sebut Yang Dilakukan Indonesia Sudah "Extra Mile". (2015, May 19). Retrieved January 17, 2017, from Sekretariat Kabinet Republik Indonesia: http://setkab.go.id/tampung-11-941-pengungsi-menlu-sebut-yang-dilakukan-indonesia-sudah- extra-mile/ 86 Ibid. 87 Topsfield, J. (2016, March 19). Indonesian foreign minister hopes countries will assist to resettle refugees. Retrieved October 28, 2016, from The Sydney Morning Herald: http://www.smh.com.au/world/indonesian-foreign-minister-hopes-countries-will-assist-to-resettle- refugees-20160319-gnmajq.html 88 Ibid. 55

for one year, meanwhile Indonesia government shows the country interest for the long term to find the settlement of refugee crisis and actively in urging all relevant countries to take the responsibility. According to Morgenthau, he distinguishes the level of national interest between permanent interest (long-term objectives) and temporary (short-term objectives) or general and specific interest. 89 Permanent interest is the interest of country is relatively constant over a long period and temporary interest is the interest of a nation at any particular time.90 Indonesia national interest can be found in 1945 Constitution of Indonesia is stated that the country shall protect all people of Indonesia and whole homeland of Indonesia, promote the general welfare, develop the nation intellectual life and participate and contributed to the implementation of world order based on freedom, lasting peace and social justice. The Indonesia’s national interest inside 1945 constitution, view as the permanent /general interest. The permanent of interest of Indonesia is to protect all people and whole homeland of Indonesia, the coming flow of Rohingya refugee can be interfere to the Indonesia stability. One of the cause factors is Indonesia territory cannot fully protected makes the illegal peoples are easily entering Indonesia without being detected. In addition, the transnational crime had been conducted by refugee in Indonesia reached 60, 9% in case of drug trafficking. Therefore, the general interest of Indonesia is to maintain the external threat that come to Indonesia along with the flow of refugee in order to protect the all people and the whole homeland of Indonesia. Compare to temporary interest is produces based on the particularly circumstances. After the influx of refugee, Indonesia willing to shelter them for one year. In addition, Indonesian government have shown the specific interest in the case of Rohingya refugee crisis which is to push the settlement of refugee crisis because Indonesia as the transit

89 Morgenthau, H. J. (1952). Another "Great Debate": The National Interest of the United States (Vol. 46). American Political Science Association. 90 Marleku, M. A. (2013). National Interest and Foreign Policy: The Case of Kosovo. Mediterranean Journal of Social Sciences , IV, 415-420. 56

country lack the capacity to shelter for a long term. In the same times, Indonesia see the destination country of refugee which is Australia has refused to accept the refugee and Myanmar as the origin country of the Rohingya did not take any responsibility. This situation has put Indonesia in the difficult situation in hosting the huge number of refugee due to the reduction number of third country to receive the refugee. The process to find the settlement of Rohingya refugee not only for Indonesia responsibility and the government of Indonesia will strongly calling for the other country will assist the settlement for Rohingay refugee crisis. Indonesia’s governments through its foreign minister annual statements consistently raise the issue of refugee form as one of the topics of discussion in every year. In this research the writer chooses the timeframe period on 2014-2016, therefore, the author analyzes the foreign minister statement in 2015, 2016, and 2017. Indonesian Foreign Minister Annual Press Statement 2015 about the irregular migration:91 “Indonesia continues to be active in addressing the issue irregular migration through the mechanism of cooperation in Bali process, Indonesia would like to emphasize that the handling of these issues requires cooperation both countries of origin, transit, and destination or called as shared responsibility, in addition, each state has individual policy but nevertheless there is a duty that must be done as a citizen of the world”.

Indonesia Foreign Minister stated that the refugee case is categorized as the irregular migrants’ issues. 92 Indonesia government categorized the refugee issue in the same part of irregular migrants possibly because Indonesia has no clear domestic policy over the refugee and the treatment for refugee classified as illegal migrants. In Foreign Minister Annual Press Statement 2015, the government of Indonesia

91 (2015). The Annual Press Statement of Indonesia Foreign Ministry. Jakarta: Indonesia Foreign Ministry. 92 Tampung 11.941 Pengungsi, Menlu Sebut Yang Dilakukan Indonesia Sudah "Extra Mile". (2015, May 19). Retrieved January 17, 2017, from Sekretariat Kabinet Republik Indonesia: http://setkab.go.id/tampung-11-941-pengungsi-menlu-sebut-yang-dilakukan-indonesia-sudah- extra-mile/ 57

stated that they will continue to be active in response to the irregular migration issues, one of the Indonesia’s government initiative is through the Bali Process. Further, Indonesia will emphasize in enhancing the cooperation of the origin country, transit, and destination country in order to find the settlement of the issue.

Indonesian Foreign Minister Annual Press Statement 2016: 93 “Indonesia has shown an example of how humanitarian response must be made, this response demonstrated through Indonesia readiness to accept and accommodate more than 1,800 irregular migrants from Myanmar and Bangladesh in the beginning of 2015. Meanwhile, Indonesia will active in address the root causes by doing marathon diplomacy through the United Nations High Level Meeting on Migration and Refugees as well as hosted the Jakarta Declaration Roundtable Meeting on Addressing the Root Causes of Irregular Migration”.

Indonesian Foreign Minister Annual Press Statement 2017: 94 “In the end of 2016, the Indonesia’s diplomacy work intensively to assist the settlement of the crisis in Rakhine State, expressed concern about the humanitarian and security development mainly related to the Muslim minority in Rakhine State must be achieved together. Indonesia stressed the importance of inclusive development, respect for the human rights and the protection of all communities. While at the same times Indonesia offering advice and cooperation in resolving the issue are not only immediate response but as well as the medium and long term. Diplomacy for humanity has been continuously undertaken, without making noise, all steps diplomacy is done constructively”.

Indonesia sees the refugee migration issues as a transnational problem to be resolved together. Hosting the refugee for the short time, Indonesia shows their hopes for the other country especially for 1951

93 Pernyataan Pers Tahunan Menlu RI 2016. (2016, January 7). Retrieved January 7, 2017, from Kementerian Luar Negeri Republik Indonesia: http://kemlu.go.id/id/pidato/menlu/Pages/PPTM- 2016-Menlu-RI.aspx 94 Pernyataan Pers Tahunan Menlu RI Tahun 2017. (2017, January 10). Retrieved January 18, 2017, from Kementerian Luar Negeri Republik Indonesia: http://www.kemlu.go.id/id/pidato/menlu/Pages/Pernyataan-Pers-Tahunan-Menteri-Luar-Negeri- RI-Tahun-2017.aspx 58

Refugee Convention states can also come forward to cooperate together.95 Therefore, Indonesia explicitly stated that Indonesia only provides temporary shelter for refugees and the resolution of this case was become the responsibility of origin, transit, and destination country. Indonesian Foreign Minister Annual Statement 2016 stated in response to the Rohingya refugee crisis Indonesia’s government readiness in offer temporary shelter for the refugees. Furthermore, Indonesia’s Foreign Minister once again stressed that Indonesia willing to shelter the refugee for one year and Indonesia hopes the settlement of refugee crisis based on the cooperation between origin, transit, and destination country. Through its diplomatic machinery, the government will be active in effort to invite other countries join the activity to address the refugee issue in the region. In the latest Foreign Minister Annual Press Statement, shows the government achievement over the year in responding to the Rohingya refugee crisis that occurs in the beginning of 2015. Indonesia diplomacy remained active in promoting its national interest and committed to participating in constructive efforts that help build and maintain justice peace. In 2016, the government has described the importance of solving the refugee crisis by addressing from the root. It was proof, by looking at the government consistently in helping to resolve the humanitarian crisis in the Rakhine State, Myanmar. Various communications and meetings had been actively carried out by the government. Indonesia also intensively in offers advice, humanitarian aids as well as offers assistance not only immediate term but also the cooperation in the long term.

IV.4 Chapter Summary

Indonesia remains as the favorite transit country for the refugee, due to its strategic position between Asia and Australia. Indonesia hosted

95 Faridz, D. (2015, June 4). Indonesia to build shelterto house stranded Rohingya. Retrieved December 26, 2016, from Channel News Asia: http://www.channelnewsasia.com/news/asiapacific/indonesia-to-build/1892800.html

59 more than 10,000 refugees from several neighboring country. Due to the reduction number of country willingness to accept resettlement of refugee and the huge number of refugee in Indonesia makes Indonesia as the transit country in the difficult situation. Also, understanding about the Indonesia’s challenges in facing the refugee crisis has increasing the motivation of a state to redouble its effort to resolve the crisis immediately. Indonesian government emphasized that its country only willing to offer the temporary shelter because of Indonesia is not the party of UN Convention makes Indonesia has no obligation to offer permanent shelter for the refugee and Indonesia government recognized that they are lack the capacity to shelter for a long term. Further, the government of Indonesia hopes the settlement of this crisis will be carried out immediately and the settlement of Rohingya refugee crisis is not only for Indonesia responsibility. The government of Indonesia believes that the Rohingya refugee crisis is not the problem of single country and this is the regional issue. Therefore, Indonesia actively to push every country to be more cooperative in the settlement of Rohingya refugee especially the role of origin, transit and destination country cooperate together to solve the crisis.

Indonesia’s foreign minister have shown how the government of Indonesia will be active in push the other country to cooperate together to find the settlement of the refugee issue. Indonesia government emphasized that its diplomacy will remain active in addressing the refugee issue and Indonesia’s diplomacy will be intended to achieve the interest of Indonesia that is after they are agree to offer the temporary shelter Indonesian government hopes the international community will join for the settlement process of refugee immediately taken into action.

CHAPTER V

INDONESIA’S DIPLOMATIC EFFORTS IN

RESPONSE TO THE ROHINGYA REFUGEE CRISIS

(2014-2016)

V.1 Indonesia’s Diplomatic Efforts in Response to the Rohingya Refugees Crisis (2014-2016)

Diplomacy practices refer to a government communication process with the foreign country in order to bring common understanding and to promote its nations idea and national goals. Therefore, Indonesia’s government engages in diplomatic efforts on bilateral, regional and multilateral basis to find a political solution to the Rohingya refugee crisis, continue to redouble its efforts, and initiate a set of stage for further discussion to address the massive exodus movement of refugee in the region.

V.1.1 Bilateral Diplomacy with Myanmar

As the new president, President Joko Widodo in his official visits to the President Republic the Union of Myanmar, U Thein Sein before attending the opening of the 25th ASEAN Summit. President Joko Widodo state that Indonesia is ready to cooperate with Myanmar and always be Myanmar’s good friend.96 Meanwhile, Indonesia’s interest in Myanmar is the creation of the consolidation of democracy in Myanmar, the expansion of economic cooperation, the completion of communal conflict wisely and

96 Meeting President Thein Sein, President Jokowi: Indonesia will always be Myanmar's good friend. (2014, November 14). Retrieved January 4, 2017, from SETKAB: http://setkab.go.id/en/meeting-president-thein-sein-president-jokowi-indonesia-will-always-be- myanmars-good-friend 61

pays attention to the aspect of human rights. 97 Therefore, as the new leader, President Joko Widodo has shown his concern in Myanmar to strengthen and enhance good bilateral cooperation. Indonesia’s diplomacy is directed to seek the solutions, bridging the differences toward understanding and promote the consensus in the face the current challenges.98 The diplomatic efforts include the reactive and proactive action from the government of Indonesia in addressing its national interest and also the developments in the region and globally. 99 Indonesia has become an example to the world about how the humanitarian response needs to be done. 100 In response to the irregular migrations, Indonesia was active to resolve the refugee crisis by doing marathon diplomacy both bilateral and multilateral. The government efforts to solve the Rohingya refugee crisis have been more complex by questioning on the origins of the refugee, Myanmar’s government makes the statements and identifying the refugee people solely as economic migrants from Bangladesh, rather than Rohingya fleeing persecution101. The crisis has put many Asian countries hopes this problem can be resolved accurately and immediately. Neighboring country’s response can certainly do to mitigate the Rohingya crisis by effective measure to deter and stop human trafficking, which is alleviating the suffering and exploitation of the Rohingya population in Myanmar. In particular, the non-interference principle in ASEAN member state internal affairs unable to seek concrete solutions to the Rohingya crisis.102 Any meaningful resolution of the Rohingya crisis must start with the strategy of the Myanmar government itself, which has

97 Buku Diplomasi Indonesia 2014 (2nd ed.). Jakarta: Kementerian Luar Negeri Republik Indonesia 98 Ibid. 99 Ibid. 100 (2016). Laporan Kinerja Kementerian Luar Negeri Tahun 2015. Jakarta: Kementerian Luar Negeri Republik Indonesia. 101 Natalegawa, A. (2015, June 5). As Asean Stumbles, Indonesia Must Find New Path to Aid Rohingya Refugees. Retrieved January 3, 2017, from Jakarta Globe: http://jakartaglobe.beritasatu.com/news/asean-stumbles-indonesia-must-find-new-path-aid- rohingya-refugees/ 102 Ibid. 62

resisted moving away from its harsh and discriminatory policy. 103 Therefore, Myanmar role in resolving the Rohingya issue is very important. The problems of ethnic Rohingya originally come from the internal matter of Myanmar, every country who wants to address the Rohingya case must be careful to not impress interfere in the domestic affairs of Myanmar’s. After Indonesia and Malaysia countries agree to offer temporary shelter for a thousand of boat people which many of them are from Myanmar, these two countries Foreign Ministers visit Myanmar for migrant talks.104 Indonesia bilateral relation with Myanmar in addressing the Rohingya issues is focusing persuades Myanmar and do not want to pressure Myanmar government on this issue.105 Indonesia’s governments also continue to encourage Myanmar on their path process for reform and democratization because the Indonesian government believes in the end of the crisis it will create an environment conducive for the Rohingya. Myanmar country under international pressure to help stem the irregular migrant that have been attempting to land Indonesian, Malaysian, and Thailand shores. Myanmar does not recognize the Rohingya people as their citizen and pointed out they are from Bangladesh. According to a director at the Myanmar President’s Office, U Zaw Htay, they believe the refugee crisis in May 2015 is down to human traffickers and corrupt official and have nothing to do with Myanmar.106 Response to the Rohingya refugee crisis in 2015, Indonesia’s Foreign Minister Retno visited Myanmar as one the issues being discussed

103 Smith, C. (2015, August). Myanmar: Rohingya face discrimination, exploitation. Peace, Social Justice and the Integrity of Creation , 40, pp. 10-11. 104 Kumar, P. P. (2015, May 21). Malaysia, Indonesia FMs visit Myanmar for migrant talks. Retrieved January 9, 2017, from Anadolu Agency: http://aa.com.tr/en/world/malaysia-indonesia- fms-visit-myanmar-for-migrant-talks/45159?amp=1 105 Ni Kumara Santi Dewi, M. A. (2015, May 19). Ini Cara Indonesia Bujuk Myanmar Selesaikan Isu Rohingya. Retrieved January 4, 2017, from Viva News: http://dunia.news.viva.co.id/news/read/627672-ini-cara-indonesia-b ujuk-myanmar-selesaikan-isu- rohingya 106 Kumar, P. P. (2015, May 21). Malaysia, Indonesia FMs visit Myanmar for migrant talks. Retrieved January 9, 2017, from Anadolu Agency: http://aa.com.tr/en/world/malaysia-indonesia- fms-visit-myanmar-for-migrant-talks/45159?amp=1 63

is the Rohingya refugee issue. The bilateral meeting is to discuss the elevation of both countries’ relationship and to support Myanmar efforts in accelerating its reformation and democratization process. The meeting held on Thursday, May 21, 2015, between Indonesia Foreign Minister Retno Marsudi and Myanmar Foreign Minister U Wunna Maung Lwin to discuss the Asian migrant crisis. 107 The meeting resulted in several important notes on the discussion between these two foreign ministers, as follows:108 1. Myanmar government agrees to strengthen the measures in preventing irregular movement of migrants from its country 2. Myanmar government is prepared to cooperate with regional nations in the eradication of human trafficking. 3. Myanmar government is to instruct its embassies to conduct consular visits to temporary settlements of migrants in Aceh 4. Myanmar government also welcomes Indonesia's offer to build Rakhine in an inclusive and non-discriminative manner. Following international pressure and several talks with ASEAN countries to end the discrimination of Rohingya people, the government of Myanmar has agreed to take a responsibility. After the bilateral meeting with Myanmar, Retno Marsudi told that Myanmar has agreed to take preventive measure for the future case of the irregular migration by increasing collaborating with several countries.109 Indonesia’s diplomacy activity consistently encourages Myanmar to cooperate in resolving the Rohingya refugee crisis.

107 Maulana, V. (2015, May 21). Ini Hasil Pertemuan Menlu Retno dengan Menlu Myanmar. Retrieved January 4, 2017, from International Sindo News: http://international.sindonews.com/read/1003898/40/ini-hasil-pertemuan-menlu-retno-dengan- menlu-myanmar-1432217458 108 Nugraha, F. (2015, May 22). Important Notes on Rohingya Discussion in Myanmar. Retrieved January 4, 2017, from METROTVNEWS: http://en.metrotvnews.com/read/2015/05/22/128751/important-notes-on-rohingya-discussion-in- myanmar 109 Salim, T. (2015, May 22). RI sees Myanmar's will to care for Rohingya people. Retrieved January 22, 2017, from The Jakarta Post: http://www.thejakartapost.com/news/2015/05/22/ri-sees- myanmar-s-will-care-rohingya-people.html 64

Rohingya rights activist in Myanmar Kyaw Min, appreciate the role of international cooperation to solve the crisis. He also emphasized that if refugees successfully placed in a safe place then, the next step countries need to follow up the situation in Myanmar which has driving desperate Rohingya leaving from Myanmar. 110 Indonesia’s bilateral diplomacy with Myanmar as the origin country of the refugees has an important role because if the problem is not solved from the root, the possibility to resolve the crisis is harder to achieve. According to Arrmanatha Nasir, a spokesman for the Indonesian Ministry of Foreign Affairs: “Following after flurry diplomatic activity, Myanmar agreed to help address the migrant crisis. Myanmar had also confirmed the country willingness to support regional efforts to resolve the migrant issue, such as tightening its border, therefore there is no other influx of migrants anymore”. 111

Indonesia diplomacy machine has not stopped and existed without using megaphone diplomacy. The governments prefer to use constructive approach to holding the humanity aspect can be treated immediately and long term plans can be designed in a sustainable manner. Indonesia diplomacy was active invited Myanmar to cooperate in order to find the settlement of Rohingya refugee and the Myanmar governments as the origin country agree to take the responsibility in the case of Rohingya refugee. Intensive communication between the government of Indonesia and Myanmar is still continuing, Indonesia was initiated such important meetings in discussing to follow up the current situation in Myanmar

110 Kumar, P. P. (2015, May 21). Malaysia, Indonesia FMs visit Myanmar for migrant talks. Retrieved January 9, 2017, from Anadolu Agency: http://aa.com.tr/en/world/malaysia-indonesia- fms-visit-myanmar-for-migrant-talks/45159?amp=1 111 Cocharene, J. (2015, May 21). In Reversal, Myanmar Agrees to Attend Meeting on Migrant Crisis. Retrieved January 4, 2017, from The New York Times: http://www.nytimes.com/2015/05/22/world/asia/myanmar-rohingya-migrant-crisis-malaysia- thailand-indonesia.html?_r=0 65

(Rakhine State). 112 The meeting of the Indonesia’s Foreign Minister with Myanmar State Counselor Daw Aung San Suu Kyi in Myanmar (December 6, 2016). 113 President Joko Widodo appointed Indonesia Foreign Minister Retno Marsudi to conduct bilateral meeting with Myanmar State Counselor Daw Aung San Suu Kyi. This meeting is a series of intensive efforts undertaken Indonesia’s diplomacy in helping to resolve problems in Rakhine State. In the meeting, between these two state representative exchange views on strengthening of bilateral relation and discussing on recent development in Rakhine State. In addition, Retno and Suu Kyi agree to take further meeting in the ASEAN level to discuss the issue of Rohingya refugee. In addition, in response to the Rohingya issue Indonesian government is also taking other step by providing humanitarian aid to the Rohingya muslim in Rakhine State. Indonesian Foreign Minister asserted that bilaterally and through ASEAN, Indonesia was put high commitment to help the inclusive development in Myanmar. 114 Through the humanitarian aid and intensive diplomacy Myanmar can resolve the internal conflict, Indonesia hopes both technical assistance and diplomacy can create conducive situation in Myanmar, particularly in Rohingya Rakhine State.

V.1.2 Regional Diplomacy within ASEAN

The response of ASEAN as the regional organization in response to the Rohingya refugee crisis has often come into the form of discussion. Rohingya problem that initially domestic problems of Myanmar,

112 Bantuan Kemanusiaan Indonesia untuk Rohingya/Rakhine State. (2016, December 29). Retrieved January 4, 2017, from Kemenlu: http://www.kemlu.go.id/id/berita/Pages/bantuan- kemanusiaan-indonesia-untuk-rohingya.aspx 113 State Counsellor, Indonesian FM exchange views on recent developments in Rakhine State. (n.d.). Retrieved January 21, 2017, from The Republic of The Union of Myanmar Ministry of Information: http://www.moi.gov.mm/moi:eng/?q=news/8/12/2016/id-9322 114 Andi, A. (2017, January 23). Indonesia's Efforts to Help Rohingya. Retrieved January 11, 2017, from Voice of Indonesia: http://en.voi.co.id/voi-editorial/12399-indonesia-s-efforts-to-help- rohingya

eventually raised become the regional issues because ethnic Rohinggya stranded and fled to other countries. The refugee crisis has been upholding in the Bay of Bengal, thousand of Rohingya people have been the victim xenophobia, cynical smugglers and incapable of government to protect the citizen human rights. 115 The exodus of Rohingya refugee in the region present as challenges for the ASEAN as the regional organizations within Southeast Asian region. ASEAN member adopt the principle of non- interference over the domestic matter other states, this principle has restrict room to act particularly in the case of Rohingya in Burma. The limitation of ASEAN member to interfere the internal affairs of Myanmar brought the difficulties for other ASEAN country to address the Rohingya issue. Therefore, it needed the navigate between the principle of non- interference and the need for act especially for human rights dimension when a member state’s policy threaten the stability of other member.

In the latest movement of Rohingya’s, there are such controversial statements from ASEAN country. None of the ASEAN countries directly affected by the Rohingya displacement is the party to the 1951 Refugee Convention and its 1967 Protocol. ASEAN member countries only Cambodia and Philippines as a member of UN Refugee Convention and 1967 Protocol, and which in this case these two countries is not affected too much (see table 2).

Table 2: ASEAN Member countries and International Frameworks 1951 Bali Process 1967 Country Refugee Member Protocol Convention Brunei Darussalam X Cambodia X X X (October 15, (October 15, 1992) 1992)

115 Tonnesson, S. (2015, September). ASEAN's Rohingya Challenge: Can ASEAN fail to act and yet be a community. Retrieved December 21, 2016, from Peace Research Institute Oslo. 67

Indonesia X

Laos X

Singapore X

Myanmar X Philippines X X X (July 22, (July 22, 1981) 1981) Malaysia X

Thailand X

Vietnam X Source: UNHCR: Online access at States Parties to the 1951 Convention relating to the Status of Refugees and the 1967 Protocol. (n.d.). Retrieved December 25, 2016, from UNHCR.org: http://www.unhcr.org/protect/PROTECTION/3b73b0d63.pdf International Organization for Migration Publication: Online access at Newland, K. (2015, July). Irregular Maritime Migration in the Bay of Bengal: The Challenge of Protection, Management and Cooperation. Retrieved October 17, 2016, from http://publications.iom.int/system/files/pdf/mpi-iom_brief_no_13.pdf Bali Process: Online access at Membership. (n.d.). Retrieved December 25, 2016, from The Bali Process: http://www.baliprocess.net/membership/

In order to handling the Rohingya refugee case, ASEAN cannot be free to a stance in handling the case due the approach taken by the ASEAN namely non-interference. The absence of institution specialized in dealing with the refugees in the region and the difference of opinion of each member become additional challenges for ASEAN to solve the Rohingya refugee crisis.

Another diplomacy platform that can be used by Indonesia government in maintains the Rohingya refugee crisis is through the platform of ASEAN. The role of ASEAN is response to this case is become very important, because the problem of Rohingya refugee which is happening in the region of South East Asia could be resolve with the

role of ASEAN as a platform to organize possible solution.116 Several day later the influx of Rohingya refugee, there were emergencies meetings for Indonesia, Malaysia, and Thailand to discuss the issue of stranded boat people in the region. This meeting lead by Indonesian Foreign Minister Retno Marsudi, Malaysia Foreign Minister Datuk Seri Anifah Aman, and Thailand counterpart Tanasak Patimapragorn. The result of the meeting is Indonesia and Malaysia agreed to allow thousand of Rohingya refugee to land, but only temporary period. In addition, the resolution of Rohingya case should be relocated to third countries within a year and permanent solution to the problem of Rohingya refugee crisis need to be found

The establishment of ASEAN by the Bangkok declaration on August 8, 1967 this regional organization had play active role to enhance the state member in terms of politics, social, and economy. The member also establishes the “Asean Way” as the philosophy is an approach to solving the specific issue that respects the cultural norms of Southeast Asia nations. The minister strongly called for the role of ASEAN to play an active role in addressing the issue in an effective and timely manner based on the spirit of ASEAN solidarity as one family in the region (see appendix 1). Through this emergencies meeting Indonesia, Malaysia, and Thailand are believe the ASEAN platform could bring positive impact to the Rohingya crisis.

ASEAN also encourage its member state to have diplomacy initiate involving the element of cooperation and negotiation in order to address the specific issue. 117 Rohingya refugee is one example of the regional challenges that exist in ASEAN, and ASEAN is responsible for handling the refugee crisis. The role of ASEAN is to ensure that the peoples and member states of ASEAN live in peace with the world large

116 Khairi, A. (2016). Rohingya refugees boat people issue in straits of malaca: the role of diplomacy through the ASEAN platform. In I. S. Suyatno, Governance in Southeast Asia Indonesia-Malaysia Persepctive on Politics and Social Studies (pp. 74-87). Yogyakarta. 117 Ibid. 69

in a just, democratic and harmonious environment. Therefore, the ASEAN has a big role in maintain the crisis and handling the Rohingya case. The way of ASEAN in addressing the specific issues, this organization has put the role as the platform for forum and discussion for the member of ASEAN. In order to response the Rohingya refugee crisis, Indonesian government states that the country will work closely with the Myanmar government and actively involves in the cooperation of ASAN. 118 Among the Southeast Asian nations, Indonesia is the biggest in terms of territory, populations and the economy. In other side, ASEAN members are all equal and do not recognize any of them to assume leadership, but Indonesia is regarded as the primus interpares which means the first among equals.119 Indonesia Researcher of Human Rights Watch, Andreas Harsono mentioned that “Indonesia has more experience than other ASEAN members in facing the migrant issue, past humanitarian acts as an example Indonesia initiated for Refugee camps in Indonesia’s Galang Island. 120 Therefore, many assume that Indonesia can lead the Southeast Asian region in solving the refugee crisis. After flurry diplomatic action with Myanmar, Retno proposed several options for the Myanmar state counselor Suu Kyi to take further meeting in the ASEAN level to discuss the issue of Rohingya refugee. Indonesian Foreign Minister proposes the suggestion for Myanmar to open access for humanitarian action and begin to open media access to know the current situation in Rakhine State. In July 2, 2015 ASEAN agreed to hold the emergencies meeting on transnational crime concerning

118 Indonesia Proposes Four Actions for Rakhine. (2017, January 21). Retrieved January 25, 2017, from Tempo: https://en.tempo.co/read/news/2017/01/21/055838347/Indonesia-Proposes-Four- Actions-for-Rakhine 119 Editorial: Indonesia Must Take Lead in Refugee Issue. (2015, June 5). Retrieved January 3, 2017, from Jakarta Globe: http://jakartaglobe.id/opinion/editorial-indonesia-must-take-lead- refugee-issue/ 120 Natalegawa, A. (2015, June 5). As Asean Stumbles, Indonesia Must Find New Path to Aid Rohingya Refugees. Retrieved January 3, 2017, from Jakarta Globe: http://jakartaglobe.beritasatu.com/news/asean-stumbles-indonesia-must-find-new-path-aid- rohingya-refugees/

irregular movement of persons in Southeast Asia Region in.121Through this forum the ASEAN ministry would like to discuss concerted regional action to address the recent influx of irregular movement and to strengthen law enforcement efforts through information and intelligence sharing.122 In this forum Indonesian government gives several recommendations. Firstly, the recommendation for the leader of ASEAN to build the regional mechanism in response to emergencies situation or crisis as a result of irregular movement, and establish a burden sharing principle and collective responsibility among the member of ASEAN in handling the irregular migration. 123 Secondly, the importance of the settlement of problem from the root, addressing the root causes of the irregular migration and gives the durable solution and comprehensive in the origin country which is Myanmar.124 Therefore, through the ASEAN platform Indonesia was active to push the region to have regional mechanism in handling the refugee issue and actively to strengthen cooperation with ASEAN member and enhance the other country should join hands in order to find the settlement to the Rohingya refugee crisis.

V.1.3 Multilateral Diplomacy Today’s challenges of addressing refugees and asylum seekers were different than country experience in the past, due to hampered by the lengthy bureaucratic process and the low rate of refugee acceptance in destination countries such as New Zealand, United States, and Australia which have been adopt huge number of refugees in their country. Therefore, the challenges are too big for one country to handle alone, adopt burden sharing and shared responsibility to deal with a

121 ASEAN Ministers Meet on Irregular Movement of Persons. (2015, July). Retrieved January 21, 2017, from Association of Southeast Asian Nations: http://asean.org/asean-ministers-meet-on- irregular-movement-of-persons/ 122 Ibid. 123 (2016). Laporan Kinerja Kementerian Luar Negeri Tahun 2015. Jakarta: Kementerian Luar Negeri Republik Indonesia. Retrieved January 4, 2017, from www.kemlu.go.id 124 Ibid. 71

multidimensional phenomenon of irregular migration is necessary to find best solutions. The handling of the Rohingya refugee exodus in the region takes into Indonesia’s government consideration. Indonesia is continuing in making an effort to strengthen the partnership in refugee management through bilateral, regional and multilateral. The government of Indonesia participated actively raised up the issue of Rohingya refugee in their diplomacy activity. Indonesia contributed to address the root cause and enhancing cooperation to resolve the crisis through marathon diplomacy. Indonesia hosting the Jakarta Declaration Roundtable Meeting on Addressing the Root Causes of Irregular Movement of Persons in Jakarta, Bali Process, and actively at High Level Event United Nations on Migration and Refugees.

V.1.3.1 Jakarta Declaration Roundtable Meeting on Addressing the Root Causes of Irregular Movement of Person

Illegal border crossers consisting of an asylum seeker, illegal immigrants and refugees still becomes a big problem in Indonesia. The complexity of this issue has raised the attention from Indonesia government in order to find a solution. Handling of refugees flooding into ASEAN region, Indonesia Director General of Multilateral of the Foreign Ministry is holding the Jakarta Declaration Roundtable Meeting on Addressing the Root Causes of Irregular Movement of Person in Jakarta (November 27-28, 2015).125 The meeting was attending by state official representative which are Afghanistan, Australia, Bangladesh, Iran, Cambodia, Malaysia, Myanmar, Pakistan, Papua New Guinea, the Philippines, New Zealand, Sri Lanka, and Thailand. Other Non- Governmental organization such as International Organization for Migration (IOM), United Nations High Commissioner for Refugees

125 Nugraha, F. (2015, November 27). Indonesia Strengthens Partnership on Refugee Issue. Retrieved January 5, 2017, from METROTVNEWS: http://en.metrotvnews.com/read/2015/11/27/195417/indonesia-strengthens-partnership-on- refugee-issue 72

(UNHCR), United Nations Office on Drugs and Crime (UNODC), United Nations Development Programme (UNDP), and Bali Process Regional Support Office (RSO). The Jakarta declaration meeting is one of an active form of Indonesia government in address the growing challenges of irregular movements, this declaration called for a coordinated response among countries of origin, transit and destination tackle the issue, especially in the areas of prevention. Indonesia initiated a discussion with both effected and relevant countries in an effort to strengthen multilateral cooperation. According to Director General of Multilateral of the Ministry of Foreign Affairs, Hasan Kleib said that this meeting as a platform for the participants in exchanges the idea and discussing the root of the cause, included identification the current trends and challenges, exploration on the efforts within the regional cooperation framework and future partnership. 126 Hasan Kleib mentioned that the result of the meeting is four pillars recommendation in handling on irregular migrants, which is prevention, early detection, protection of victims and law enforcement. 127

Four Pillars in Handling of Irregular Migration (Jakarta Declaration Roundtable Meeting on Addressing the Root Causes of Irregular Movement of Person in Jakarta (November 27-28, 2015) 1. Prevention Prevention involves a range of action in mitigating the underlying factors that makes people fleeing from their country, fostering political and social economic condition and offering better livelihood sustainability

126 Nugraha, F. (2015, November 27). Indonesia Strengthens Partnership on Refugee Issue. Retrieved January 5, 2017, from METROTVNEWS: http://en.metrotvnews.com/read/2015/11/27/195417/indonesia-strengthens-partnership-on- refugee-issue 127 Ibid. 73

2. Early Detection Strengthening sharing information and developing an early alert system 3. Protection of Victim Focuses on establishing identify mechanism, protecting and assisting the victims of trafficking. Supporting coordination in search and rescue at sea and ensuring they are not punished for trafficking offences. 4. Law Enforcement In this section, included in urging the countries to accede and implement the legal framework related to irregular migration mechanism.

Through this forum, Indonesia would like to continue to push the country for a comprehensive solution for the settlemetn to the refugee crisis. Jakarta declaration outcomes will be brought into Bali Process and international level talks at the United Nations. Therefore, by initiated this roundtable meeting is proof that Indonesia’s multilateral diplomacy actively in the region to seek solutions to the irregular movement.

V.1.3.2 Bali Process

Following the Jakarta roundtable meeting, Bali Process also comes into force in response to the massive influx of Rohingya refugees. The Bali Process established in 2002 co-chaired by Indonesia and Australia, Bali Process establish to offer the policy dialogue forum, sharing the information, and practical cooperation to help the region in addressing the issue of people smuggling, trafficking and related transnational crime.128 In response to the irregular movement the countries agreed to hold the Sixth Ministerial Conference of the Bali Process on People Smuggling, Trafficking in Persons and Related Transnational Crime will be convened

128 About the Bali Process. (n.d.). Retrieved January 5, 2017, from The Bali Process: http://www.baliprocess.net/ 74

in Bali, Indonesia on March 22-23, 2016. 129 The refugee crisis in Southeast Asia last year is warning that the failure of the Bali Process forum in address the issue. Indonesia’s Foreign Minister, Retno Marsudi statement in her opening address at the Bali Process: “The Bali Process was unable to address the sudden movement of irregular migration in the Andaman Sea and the Bay of Bengal and this must not happen again. Bali Process must be able to answer the humanitarian question, we must find durable solutions that will not burden countries with limited resources”. 130

The goal of Bali Process is cooperation on border management, law enforcement, the protection of victims, tackling the root of the cause, and provide refugee situation with durable solutions.131 The meeting held in the two days, the first section is the Senior Official Meeting (SOM) and the next day is Ministerial Conferences of The Bali Process on People Smuggling, Trafficking in Persons and Related Transnational Crime. The meeting welcomed the outcome of the previous meeting of the Jakarta Declaration Roundtable Meeting on Addressing the Root Cause of Irregular Movement of Persons in Jakarta. As the co-chairs of Bali Process, Foreign Minister of Indonesia and Australia delivered her statement during the meeting toward a decision and recommendation for future activities. Irregular movements of people in the first half of 2015 are reminding the need for a collective response from every country. During this meeting includes the activities

129 The Sixth Ministerial Conference of the Bali Process on People Smuggling, Trafficking in Persons and Related Transnational. (2016, February 1). Retrieved January 5, 2017, from Ministry of Foreign Affairs Republic of Indonesia: http://www.kemlu.go.id/en/lembar- informasi/Pages/The-Sixth-Ministerial-Conference-of-the-Bali-Process-on-People-Smuggling,- Trafficking-in-Persons-and-Related-Transnational-.aspx 130 Topsfield, J. (2016, March 23). Indonesia says Bali Process failure on refugee crisis "must not happen again". Retrieved January 5, 2017, from The Sydney Morning Herald: http://www.smh.com.au/world/indonesia-says-bali-process-failure-on-refugee-crisis-must-not- happen-again-20160323-gnpnb6.html 131 McAuliffe, M. (2016, September). Resolving Policy Conundrums: Enhancing Humanitarian Protection in Southeast Asia. Washington, DC: Migration Policy Institute.

75 to review the region’s response, share the lesson and assessing necessary improvement. Table 3: Co-Chairs Statement on Sixth Ministerial Conference of the Bali Process (March 23, 2016)

CO-CHAIRS’ STATEMENT

“We, the Foreign Ministers of Indonesia and Australia, had the honor to co-chair the Sixth Ministerial Conference of the Bali Process on People Smuggling, Trafficking in Persons and Related Transnational Crime in Bali, Indonesia on 23 March 2016”

“Ministers acknowledged the unprecedented levels of displacement and mobility seen globally since the last Ministerial Conference. There had been a surge in irregular movements of persons in the Bay of Bengal and Andaman Sea in the first half of 2015, with high fatality rates recorded. Recognizing the need for an urgent, and collective response, members adopted a Bali Declaration on People Smuggling, Trafficking in Persons and Related Transnational Crime to reinforce their commitment to tackling these complex challenges,

Ministers noted that more concerted efforts were needed to address the root causes of irregular migration. Until these underlying causes are addressed, people will continue risking their lives on smugglers' boats. Ministers reaffirmed the importance of inclusive socioeconomic development, full respect for human rights and measures to reduce statelessness and,

Ministers underscored the importance of addressing humanitarian and protection needs in managing irregular migration. Ministers directed that members give priority to coordinating procedures for rescue at sea, identifying predictable places for disembarkation, improving reception and screening systems, and engaging civil society in delivery of post-disembarkation emergency assistance. Ministers also highlighted the importance of temporary protection and local stay arrangements and recommended research into their viability…………” Source: online access at http://baliprocess.net

Through Bali Process, Indonesia has asked all countries in the membership of the Bali Process to consider doing more and urge other countries strengthening the cooperation in response to the refugee and other irregular phenomenon. V.1.3.3 High Level United Nations Talks on Migration and Refugees

In United Nations (UN) high-level meeting to address the large movement of refugees and migrants on 19 September 2016, Indonesia’s government consistently shows their efforts in address the Rohingya issue and actively invited all countries to cooperate in tackling the issue. Vice President of Republic of Indonesia Jusuf Kalla was attending UN meetings and delivers his statement in addressing the large movement of refugees and migrants. He stated that the challenges of addressing refugee and asylum seeker are increasing, every government is responsible for maintain the issue, a better and more inclusive international cooperation is necessary.

Table 4: Statement by H.E. Mr. Jusuf Kalla Vice-President of The Republic of Indonesia at The High-Level Plenary Meeting to Address Large Movements of Refugees and Migrants

Statement by H.E. Mr. Jusuf Kalla Vice President of The Republic of Indonesia New York, 19 September 2016 For centuries, migration has been a natural phenomenon. Where people travelled across boundaries to seek a better future. Today, we witness unprecedented flows of helpless migrants with more complex motives of migration.

Conflicts, wars and social unrests, in many parts of the world have forced people to leave their home.

In an extreme example, we witness the international community stands idle while countless migrants drown in the Mediterranean Sea.

This is intolerable.

“We must work together to ensure that such humanitarian tragedy is prevented from occurring again in the future……”

“……Finally, Mr. President, Indonesia sincerely hopes that this

meeting will result in real improvements in our response

to prevent more migrants from losing their lives on their respective journeys,”

“……to safe those in need of humanitarian assistance, as well as to end the sufferings of millions of migrants in various shelters .....”

Source:. (2016, September 19). Retrieved December 21, 2016, from Vice President of Republic of Indonesia: http://www.wapresri.go.id/en/statement-by-h-e-mr-jusuf-kalla- vice-president-of-the-republic-of-indonesia-at-at-the-high-level-plenary-meeting-to- address-large-movements-of-refugees-and-migrants/

The Unprecedented flow of irregular migrants has entered a crisis phase, which the flows of refugee around the world are increasing significantly. Through the plenary meeting to address the large movement of refugee and migrants Indonesia again called all countries work together to ensure that such humanitarian tragedy prevented from occurring again in the future. Therefore, Indonesia sincerely hopes through the UN High Level Meeting on Refugee will result in the improvement in response to the refugee crisis. In the process to find the settlement to the Rohingya refugee crisis, which took place in the Andaman Sea last year, such of regional meetings have been taken. Indonesia as affected country from the crisis has put its serious concern to solve the large movement of refugee in the region. The escalating global crisis involving the irregular movement of people across the border, Indonesia government has initiated such discussion in an effort to strengthen the cooperation and find solutions to the migration problem. Indonesia’s interest toward the Rohingya refugee crisis is to make sure the settlement process of refugees can be applied at soon. Through its diplomacy actively push the other country cooperate to find the settlement of refugee crisis by addressing the root causes of irregular migration and enhancing regional cooperation in solve the crisis. Through the bilateral diplomacy with Myanmar shows that tackled the root cause of irregular migration as a better response to resolve the crisis from the root. Resolving the refugee flows often requires adequate 78

human rights protection in the origin country of people, with which solving the refugee problem is about resolving the condition that turns people into refugees. 132 Indonesia ready to take a collective and responsible approach to all refugee problems, offering humanitarian protection and the political will of governments to seek the solution by fully understand the root cause of refugee movement. Indonesia actively invited Myanmar as the origin country of Rohingya refugee to resolve the crisis, hopes by removing push factors such as human rights violations and armed conflict, the irregular migration can be settled and prevented. Therefore, today’s refugee problems have no longer tackled through humanitarian assistance alone, and the further solution is addressing the root causes or in all cases, the causes of problem and solution are integrally linked.133 Tackled the root cause of crisis: - The ability to understand the underlying causes and major push factor driving migrations is a key to longer term solutions - The ability to understand and forecast the nature of migration flows and new pattern of mobility.

Early warning of refugee migration developed as an anticipatory system in response to providing better refugee condition, but in the end of Cold War produce a shifting direction of preventing the cause that leads to a mass exodus.134 The number and the capacity of countries willingness to welcome and support refugees and migrants are shrinking at the same time that the number of people looking for safety and security is expanding. The outcome of the Jakarta Declaration and Bali Process meeting reached a significant result. Through this meeting state’s leader is

132 Druke, L. (1990). Preventive Action for Refugee Producing Situations. Germany: Peter Lang. 133 Hocke, J. P. (1986, October). Beyond Humanitarianism: the need for political will to resolve today’s refugee problem. Retrieved January 8, 2017, from http://www.unhcr.org/admin/hcspeeches/3ae68fd518/beyond-humanitarianism-need-political- resolve-todays-refugee-problem-joyce.htm 134 Schmeidl, S. (2003). The early warning of forced migration: State or human security? In E. Newman, Refugees and forced displacement: International security, human vulnerability adn the state (pp. 130-159). Tokyo: United Nations University Press. 79

reviewing from the current crisis of the Andaman Sea, work to implement necessary improvement and preparedness for the potential large influx.135Indonesia uses a bilateral cooperation and multilateral framework to address the issue and explicitly push all relevant countries to deal with a multi-dimensional phenomenon of irregular migrations.

135 Travers McLeod, P. H. (2016, May 26). The Andaman Sea refugee crisis a year on: what happened and how did the region respond? Retrieved January 8, 2017, from The Conversation: https://theconversation.com/the-andaman-sea-refugee-crisis-a-year-on-what-happened-and-how- did-the-region-respond-59686 80

CHAPTER VI

CONCLUSION

Based on the discussion in this research, we can conclude that Indonesia’s diplomatic efforts had been done in order to support the achievement of their interest in response to Rohingya refugee crisis. The government of Indonesia shows its country interest in order to push the other country which is origin, transit and destination country to take the responsibility to find the settlement of Rohingya refugee. The government actively engages in diplomatic efforts through bilateral, regional, and multilateral basis to support the activity to find settlement of refugee crisis. In the bilateral mechanism, Indonesia was active in building the bilateral relations with Myanmar as the origin country of the refugee to discuss the crisis. Myanmar as the origin country of the refugees has the important role in response to the crisis. Persuading and encouraging Myanmar state become the priority of the Indonesian government to invited Myanmar to take responsibility. Indonesian government concern about the need to address the root causes of the refugee crisis, because if the crisis unresolved from the roots people will continue risking their lives on smugglers, started again creates hazardous journeys and another massive refugee movement cannot be avoided. Indonesia’s diplomacy activity consistently encourages Myanmar to cooperate in order to find the settlement of the Rohingya refugee crisis. Intensive communication has also been carried out by the Indonesian government in an effort to stop refugee crisis, such as bilateral meeting with Myanmar Foreign Minister U Wunna Maung Lwing (May 2015) and the meeting with Myanmar State Counselor Draw Aung San Suu Kyi (December 2016). After flurry diplomatic actions, the Myanmar government agrees to takes its role to address the migrant crisis in Southeast Asian. Therefore, Indonesia’s

81 bilateral diplomatic efforts with Myanmar is emphasizing on the importance of resolving the crisis from the roots and the role of origin country to solve the crisis. In the regional platform, namely ASEAN, Indonesia diplomacy plays actively in order to push the region to take the responsibility in the settlement of Rohingya refugee. Indonesia has propose several recommendations which is to build the regional mechanism of ASEAN in response to the refugee crisis and suggest the ASEAN to build a collective responsibility among the ASEAN member in handling the refugee issue In the multilateral forum, Indonesia actively raises the issue of the refugee crisis and enhancing the cooperation of every relevant country to take the responsibility to the crisis. Through its marathon diplomacy, Indonesia initiated several multilateral meeting to address the current refugee crisis, such as Jakarta Declaration Roundtable Meeting on Addressing the Root Causes of Irregular Movement of Persons (November 2015) and hosting Bali Process (March 2016). Jakarta Roundtable meeting is an active form of the Indonesian government in addresses the growing challenges of irregular movement such as refugee flows. The meeting called for a coordinated response among the countries of origin, transit, and destination country and to strengthen the multilateral cooperation in order to find the settlement to the crisis The second forum is Bali Process, the purpose of Bali Process is to increase the cooperation on border management, law enforcement, protection of victims, tackling the root of the cause and provided refugee situation with permanent settlement. In this forum, Indonesia has asked the member of Bali Process to consider doing more and strengthening the cooperation in response to the irregular migration case. In addition, in High-Level United Nations Talks on Migration and Refugee, Indonesia representative the Vice President of Republic of Indonesia Jusuf Kalla again invited all countries to cooperate in tackling the migration and refugee case. Indonesia’s diplomacy through multilateral forums would like to continue to push the relevant country for a comprehensive solution 82 to the refugee crisis, and by initiated several meetings is proof that Indonesia diplomacy actively in the region to seek the solution of the refugee crisis.

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