The Condition of Refugees in Indonesia During the COVID-19 Pandemic

Azzahra Saffanisa Sudiardiputri and Tanisha Zharfa Maharani

Article 1 of The 1951 Convention defines a refugee as a person who is

outside his/her country of nationality or habitual residence; has a well-founded
fear of persecution because of his/her race, religion, nationality, membership in a
particular social group or political opinion; and is unable or unwilling to avail
himself/herself of the protection of that country, or to return there, for fear of
persecution.1 Currently, the world is facing a global pandemic caused by COVID-
19. This pandemic endangers everyone on the planet, including refugees.
Refugees are extremely vulnerable to the COVID-19 outbreak because most of
them live in an overcrowded space with poor hygiene and sanitary facilities,
which makes them unable to practice social distancing and ensure regular washing
of hands.
The international law regulating refugees is The 1951 Refugee Geneva
Convention and its 1967 Protocol on the status of refugees. The 1951 Geneva
Convention and its 1967 Protocol on the status of refugees define the criteria for
refugees and outline the rights of refugees.2 Regardless of how and why refugees
arrive in a country, they still have the same rights as everyone else and also
special or specific protections that are protected by international law. The core
principle within The 1951 Convention is non-refoulement in Article 33, which
states that a refugee should not be returned to a country where they face serious
threats to their life or freedom.3 Indonesia is not a party to the 1951 Convention
relating to the Status of Refugees or its 1967 Protocol. Even though Indonesia is
not a party to The 1951 Convention or its 1976 Protocol, refugee's rights to seek
protection are guaranteed in Article 28G (2) of The 1945 Constitution. 4 But this
1
United Refugees, 'Frequently Asked Questions About The 1951 Refugee Convention' (UNHCR,
2021) <https://www.unhcr.org/news/stories/2001/6/3b4c06578/frequently-asked-questions-1951-
refugee-convention.htm> accessed 6 January 2021.
2
United Refugees, 'The 1951 Refugee Convention' (UNHCR, 2021)
<https://www.unhcr.org/1951-refugee-convention.htm> accessed 6 January 2021.
3
ibid.
4
LBH Pengungsi, 'Memahami Perlindungan Hukum Bagi Pengungsi' (LBH Makassar, 2021)
<https://lbhmakassar.org/liputan-kegiatan/memahami-perlindungan-hukum-bagi-
pengungsi/#:~:text=Meskipun%20Indonesia%20belum%20Meratifikasi%20Konvensi,derajat
legal basis is considered not enough in providing legal protection for refugees
because it does not specifically regulate it. Finally, in 2016 President Joko
Widodo enforced Presidential Regulation 125/2016 on The Handling of Foreign
Refugees.5 This presidential regulation marked the first legal recognition for
refugees in Indonesia.
Amidst the COVID-19 outbreak in Indonesia, the refugees taking shelter in
Indonesia were given a very small amount of attention by the government. As
Roswita Kristy of the Jesuit Refugee Service Indonesia said, refugees, taking
shelter in Indonesia were not included in the government’s COVID-19 response
program and has provided the refugees barely any access to information regarding
the outbreak.6 The refugees in Indonesia instead rely on few organizations such as
United Nations High Commissioners for Refugees (“UNHCR”), International
Organization for Migration (“IOM”), Indonesian Civil Society Association for
Refugee Rights Protection (“SUAKA”), and Jesuit Refugee Service (“JRS”). As
one of the organizations that helps the refugees, IOM is joining efforts to meet the
request of the Government of Indonesia for ventilators and other essential medical
supplies. As Indonesia continues its efforts to tackle COVID-19, IOM has
initiated Risk Communication and Community Engagement (“RCCE”) activities
with the refugee and asylum seeker population in the country, focused on hygiene
promotion, preventative actions, and community awareness on the virus.7
Based on the facts that happened here in Indonesia, the government doesn't
fulfill the rights of the refugees as stated in The 1951 Convention and its 1967
Protocol. The government should put their concern more to the refugees.
Although they are not legally Indonesian citizens, they are also human who has a
right to be treated well.

%20martabat%20manusia%20dan%20berhak> accessed 6 January 2021.

5
'Refugee Community-Based Paralegal Training 2020' (Suaka, 2021)
<https://suaka.or.id/2020/11/11/refugee-community-based-paralegal-training-2020/> accessed 6
January 2021.
6
The Post, 'Govt Urged To Include Refugees In National COVID-19 Response' (The Jakarta Post,
2021) <https://www.thejakartapost.com/news/2020/06/20/govt-urged-to-include-refugees-in-
national-covid-19-response.html> accessed 6 January 2021.
7
'IOM Ramps Up Response To Covid-19 Pandemic For Refugees In Indonesia' (International
Organization for Migration, 2021) <https://www.iom.int/news/iom-ramps-response-covid-19-
pandemic-refugees-indonesia> accessed 6 January 2021.
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