Lessons from history
Indonesia is no stranger to refugee problems. In early 1978, Indonesia was the first country to be affected by the influx of Vietnamese boat people who fled the war in their country and made the seaborne journey to Southeast Asian countries, especially to Malaysia, Indonesia and the Philippines.
The decision to shelter them on Galang Island was not made haphazardly. Indonesia was not alone; it received international support, especially from the US and 15 other countries, through the 1989 Comprehensive Plan of Action agreed by 70 countries following the 1979 Geneva Conference. Many parties were involved in the process, including UNHCR, the UN Refugee Agency.
However, recently the Indonesian foreign minister emphasized that the same measure is not likely to be repeated. Other than the worry that it will become a ‘pull factor’, based on previous experience, it would take more than a decade to resettle them. This despite the fact that at that time the potential hosting countries and impacted countries provided full support, including funding. Additionally, there was a clear design agreed at the global level.
This means that an in-depth study on the relocation of refugees, especially Rohingya refugees, to an island still needs to be carried out, considering that there are many multilateral requirements that will not be easy to meet. Moreover, the current situation is much different, the global economic slowdown following the Covid-19 pandemic is still ongoing and international political interests in Asia Pacific have also shifted in focus.
External solutions
Given the current global situation, it will not be easy for Indonesia to decide on its own. Based on Indonesia’s experience in handling refugees in the past, it is important to specify how the burden-sharing and shared responsibility echoed by the Foreign Minister from the outset is going to be implemented, within an international framework.
When we talk about international cooperation, there are two possibilities that are expected to facilitate the process — ASEAN and the Bali Process. Even though all of their documents use the terms ‘irregular movement’ and ‘migration’ instead of the term ‘refugee,’ there is still something that can be utilized to come to a solution. The difference in terms is understandable, because the choice is influenced by the mobility patterns of the refugees in this area.
Generally, refugees are in a position where they cannot choose their mobility pattern. They only have one thing in mind, namely, escaping the territory of Myanmar or the refugee camps. Their lack of options makes them easy prey for transnational organized crime. The Rohingya refugees are victims, not perpetrators. Even if there are those who became the perpetrators, they are part of a larger network, where a handful of people take advantage of refugees as a group. As a result, catching the smugglers becomes a complex challenge. This calls for cooperation mechanisms within ASEAN and through the Bali Process, which have their own characteristics.
Getting to the root of the problem
The persecution does not only occur among the Rohingya ethnic group, but also among several other ethnic minorities in Myanmar, such as the Chin and Karen, who have taken refuge in neighboring Thailand. Indonesia, as one of the ASEAN member states, always upholds the stability of peace in the Southeast Asian region. Many experts view that the crisis in Myanmar is a threat to ASEAN centrality and its relevance in the regional architecture. Since the February 2021 coup d’etat in Myanmar, Indonesia has demonstrated its neutral stance, in the hope that a success can be repeated as with the Cambodian-Thai border dispute, where the conflicting sides agreed to appoint Indonesia as a mediator.
However, in reality, ASEAN has been widely criticized for its inability to handle this crisis effectively. The lack of progress achieved by Myanmar in the Five-Point Consensus (5PC) initiated by Indonesia and adopted by ASEAN has been frustrating. The failure has threatened to undermine ASEAN unity and reduces the prospect for a peaceful region. When Indonesia assumed the ASEAN chairmanship in 2023, the Myanmar issue was one of its top concerns. Indonesia has taken a positive and constructive role in facilitating a peaceful solution toward ending the Myanmar crisis. Nevertheless, the prospect of peace in Myanmar remains dim.
Strengthening the role of SOMTC
Prompted by the Andaman Sea refugee crisis in 2015, ASEAN for the first time included the issue of people-smuggling and human trafficking in ASEAN documents. The regional bloc clearly indicates that there is a complex network of syndicates that facilitate human smuggling and trafficking through various cross-border routes, where the victims are at risk of life-threatening conditions, including what happens to Rohingya refugees.
However, even though smuggling and trafficking in persons are intertwined, ASEAN is currently still focused on increasing its efforts to combat trafficking in persons (TIP) through the adoption and implementation of the ASEAN Convention against Trafficking in Persons (ACTIP), especially and the ASEAN Plan of Action (APA) against TIP, especially women and children.
ASEAN concern was demonstrated during the ASEAN Senior Officials Meeting on Transnational Crime (SOMTC). After the completion of the Bohol TIP Work Plan 2017-20 on August 21, the 17th ASEAN Ministerial Meeting on Transnational Crime (AMMTC) adopted the ASEAN Multi-Sectoral Work Plan Against TIP 2023- 28. This shows that SOMTC is still focused on combating TIP through stricter law enforcement, a criminal justice system, border security, health, education and gender-based approach, which involves major sectoral bodies/committees within the organization. Implementation of the work plan is currently underway, involving ten relevant sectoral bodies. This underscores ASEAN’s commitment to tackling TIP scourge through cross-pillar and cross-sectoral coordination and cooperation.
Although in practice the escape of Rohingya refugees in Indonesia to Malaysia fall into human trafficking, the issue of people smuggling among Rohingya refugees from Bangladesh to ASEAN countries is a problem that must be investigated seriously. As ASEAN’s 2023 chair, Indonesia has the opportunity to strengthen the SOMTC working mechanism by forming a special working group on people smuggling to ensure that there is a structure that can assist in efforts to prevent and eradicate people smuggling, as well as human trafficking. This will create a clearer process and more holistic approach in dealing with the problem.