Executive Summary and Recommendations
Scope of the research
The purpose of the interviews was to discuss the idea of regional cooperation in the field of refugees. Over two weeks, the research team conducted 17 interviews with intergovernmental and government officials and members of civil society.
Background
Currently, the notion of "protection-sensitive" regional cooperation in the Asia-Pacific region is part of the Bali process. The agreement on a Regional Cooperation Framework (RCF) was set out in the Co-Chairmen's Declaration for the Fourth Ministerial Meeting of the Bali Process.2 The core principles underlying the RCF are: . . a) Eliminate smuggling and promote orderly migration;
Country Profiles
Australia currently provides administrative funding for the RSO and has also funded a number of projects and activities. This included a project on unaccompanied and separated children.7 Funding was also received from the USA for a Regional Round Table on Irregular Movements by Sea.8 Thailand, New Zealand and Japan provided funding for activities and for the maintenance of the Bali -processweb site.9 Canada recently agreed to fund the RSO for a Junior Professional Office (JPO) and internship program.10.
Thailand
24 For a detailed discussion of conditions in the camps, including ration cuts, poor education, violence and mental illness, see Human Rights Watch, above no. 24. For a detailed discussion of the inability to register and process asylum seekers, see Human Rights Watch, above no. 24. see Human Rights Watch, above n.
Malaysia
Refugees were not an issue of much public debate in the past, but there is now increasing debate and more information is publicly available.65 Public attitudes towards refugees are generally tolerant.66 Researchers at Mahidol University found that Thai security fears with have respect for refugees and migrants from Burma as well as fears about the impact on the economy, but that those with real contact with refugees were less likely to hold these fears.67 As is the case in many countries, many Thais do not know the distinction between refugees and other migrants. 77 Email from Lazuli Nambiar, Special Officer to YB Hajah Nancy Shukri, Minister in the Prime Minister. Rather, it considers assistance to refugees and asylum seekers as a humanitarian act that can be done on a case-by-case basis with the UNHCR.83 In some cases, such as the Rohingya, religion plays a role in the decision for the presence of refugees.
UNHCR conducts refugee status determinations and provides a wide range of assistance to allow refugees basic self-support in the absence of any state-provided support. 83 Email from Lazuli Nambiar, Special Officer of YB Hajah Nancy Shukri, Minister in the Prime Minister. However, the government has also raised this issue as something that could be changed in the future.
88 Email from Lazuli Nambiar, Special Officer of YB Hajah Nancy Shukri, Minister in the Prime Minister. Malaysia is one of the largest centers of displacement in the world, with 15,813 UNHCR submissions for displacement and. 96 Email from Lazuli Nambiar, Special Officer for YB Hajah Nancy Shukri, Minister in the Prime Minister.
Indonesia
However, the issue of ratifying the refugee convention and protocol is on Indonesia's agenda. According to UNHCR, over the past five years, Indonesia has experienced an 18-fold increase in the number of refugees and asylum seekers seeking protection from UNHCR in Indonesia.115 Indonesia currently hosts 11,132 refugees and asylum seekers.116 While Indonesia has traditionally been tolerant towards refugees in their own country, refugees have recently become the subject of more attention. Of the 11,132 refugees and asylum seekers currently in Indonesia, UNHCR has recognized 2,260 as refugees.117 The main countries of origin include Afghanistan.
There are 14 detention centers in which asylum seekers can be detained – for example when they try to enter Indonesia or when they try to leave on a boat, as well as a number of other rooms located in places such as immigration offices.120 There are approximately 1700 people in detention.121 Women, children and other vulnerable groups are routinely detained, often for long periods.122 IOM provides detention services, such as food, health examinations and counselling, with funding from Australia. 123. This is highly problematic because the detention centers are often overcrowded and those in charge of the detention centers are not adequately equipped to care for refugees and asylum seekers. IOM provides community housing, and refugees and those asylum seekers in IOM community housing receive a stipend of 1,250,000 rupiah per month (about AUD $115).131 A member of Komnas HAM reported on the difficulties they face in dealing with refugees in the IOM -community to communicate housing.
The Jesuit Refugee Service works with asylum seekers in Cisarua, offering assistance to the most vulnerable, including housing, a food allowance and healthcare.133. Asylum seekers can arrive in Indonesia legally through a 30-day visa waiver, but they cannot apply for a visa while in Indonesia, meaning there will often be a period when they have no protection from arrest and prohibition. As with the other two countries visited during this fieldwork, Indonesia does not allow refugees or asylum seekers to work legally.
Australia
Durable Solutions, Responsibility Sharing and Cooperation
Thai officials expressed the view that Australia was generous with resettlement opportunities for certain groups, especially the Burmese refugees in the 'temporary shelters'.150 However, more resettlement could be offered for other caseloads. Voluntary repatriation may become an option for Myanmar/Burma in the near future.151 Both governmental and non-governmental sources expressed the opinion that Burma should be persuaded to improve the situation for minorities within the country and that ASEAN should provide a forum offers in which can occur.152 Many other countries are not ready for return. Providing both refugees and asylum seekers with 'the right to earn a living through work freely chosen or accepted', as recommended in the Michigan Right to Work Guidelines, will not only protect refugees in the region, but will also significantly reduce the need for refugees to move on in an irregular way in search of protection.160 Many refugees in the region are currently forced to work illegally without any labor protection.
They survive on money sent to them by family members, depend on limited social services provided by NGOs and/or live in destitute conditions in the host country.161 For many refugees, these conditions leave them no choice but to leave the country. the first country of asylum and move forward in the search for adequate protection for themselves and their families. Our fieldwork suggests that governments in the region are dismayed by the current turn in Australian politics. This was most clearly demonstrated by Indonesia's recent refusal to accept a boatload of asylum seekers who had been rescued or intercepted by Australia.
These guidelines were adopted by a group of academics expert in the fields of refugee law, human rights and labor law, together with senior law students in Michigan. Thai officials said they were worried about what would happen to asylum seekers next. Funding for civil society organizations, for example to assist asylum seekers with the refugee status determination process is an option that could improve the quality and speed of refugee status determination by UNHCR.167 Funding for advocacy would also be welcome,168 although governments may see this as too interventionist. .
Recommendations
Countries and regional organizations such as the Bali Process should continue to expand their research and mapping of mixed migration movements in the region. In particular, there is a need to examine more thoroughly why refugees decide to move on and why people are smuggled in the region. Research in these areas can then be used to make a positive contribution to the lives of refugees in the region and contribute to the eradication of the people-smuggler market.
Regional organizations such as ASEAN and the Bali Process should promote stronger engagement with civil society organizations in the region. The involvement of civil society organizations is an important addition to the Bali Process and ASEAN because many of these civil society organizations are keenly aware of the special protection needs of refugees in the region. Currently, less than one percent of the world's refugees benefit from the durable resettlement solution, and there is a significant deficit between the number of refugees in need of resettlement to a third country and the number of resettlement places offered by states.175 Such resettlement should be strategic in the sense that it should aim to achieve protection outcomes beyond the individual benefit received by the selected refugee.
In addition to national appeals systems, the regional process could involve the ASEAN Intergovernmental Commission on Human Rights in the appeals process. States and regional organizations should work to combat immigration corruption and ensure that refugees are not sold to human trafficking organizations. It should also include development programs that enable displaced persons to reintegrate into work and education in their countries of origin.
Association of Southeast Asian Nations, 'ASEAN Economic Community Blueprint' (2008) http://www.asean.org/archive/5187-‐10.pdf. Human Rights Watch, 'Perilous Plight: Burma's Rohingya Take to the Seas' (maj 2009) http://www.hrw.org/sites/default/files/reports/burma0509_brochure_web.pdf. Azim, 'Tighter border checks for Australia-bound asylum seekers', New Straits TImes (Putrajaya), 24. oktober 2013 http://www.nst.com.my/latest/tighter-‐border-‐checks-‐for- ‐australien-‐bundne-‐asylansøgere-‐.
ILO Indonesia, 'Better protection of Indonesian migrant workers through bilateral and multilateral agreements', ILO News (Jakarta), May 8, 2013 http://www.ilo.org/jakarta/info/public/pr/WCMS_212738/lang-‐-‐ . International Labor Organization, Statistical Database of the International Labor Organization (ILOSTAT) http://www.ilo.org/ilostat/faces/home/statisticaldata?_adf.ctrl-‐. Karupiah, Kalavaani and Kanyakumari Damodaran, 'Fingerprint bonanza for cops'', New Straits Times (Kuala Lumpur), September 4, 2013 http://www.nst.com.my/top-news/fingerprint-bonanza-for -‐police -‐.
Liberal Party of Australia and The Nationals, 'The Coalition's Operation Sovereign Borders Policy' (July 2013) http://www.nationals.org.au/Portals/0/2013/policy/The%20Coalition%E2%80%99s %20Company%. Mashall, 'Thailand secretly delivers refugees from Myanmar to people smugglers', Reuters (Ranong), December 4, 2013 http://www.reuters.com/article us-‐thailand-‐rohingya-‐. Thai Committee for Refugees Foundation, Proposes Thailand's First Refugee Bill http://www.thaiforrefugees.org/proposed-‐thailands-‐first-‐refugee-‐bill/.
