Non-Refoulement: The Legal Basis and Applied Approach in the Handling of Rohingya Refugees in Indonesia

Malahayati, Malahayati and Adwani, Adwani and Suhaidi, Suhaidi and Mujibussalim, Mujibussalim (2017) Non-Refoulement: The Legal Basis and Applied Approach in the Handling of Rohingya Refugees in Indonesia. IOSR Journal Of Humanities And Social Science (IOSR-JHSS) �, 22 (8). pp. 71-79. ISSN 2279-0837

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Abstract

Non-refoulement is a major principle in protecting refugees and has been widely discussed the status and obligations of its application by international legal experts over the years. In fact, countries comply non-refoulement in different ways. Indonesia is not a member of the 1951 Convention concerning Refugee Status, but it has consistently act in accordance with non-refoulement for a long time. The aim of the article was to assess the applied approach of non-refoulement that has been executed by Indonesia as a non-member country in handling refugees from abroad. We base our analysis on Indonesia’s regulations and the Rohingya Refugees’ mass migration in from 2009 to 2015. The empirical material consists of qualitative interviews with NGO representatives, immigration officers, the Indonesian navy, and fishermen in Aceh. We found that Indonesia is complying non-refoulement with an absolute country sovereignty approach, in which Indonesia is only obliged to comply with non-refoulement of refugees who have entered Indonesian territorial territory. On the other hand, Indonesia is not obliged to transport refugees outside the Indonesian seas to the nearest port in Indonesia.

Item Type: Article
Subjects: K Law > KZ Law of Nations
Depositing User: Ms. Malahayati
Date Deposited: 08 Aug 2018 15:28
Last Modified: 08 Aug 2018 15:28
URI: http://repository.unimal.ac.id/id/eprint/3790

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