Name : Josia Juang Prakosa

NIM : E0023256

ARTICLE RESUME
Regionalism Approach Protection of Refugee Rights:
Lesson Learned From Africa and Asia Regions
Refugees remain a global issue, with their numbers persistently high and
increasing in certain regions over the past decade. The conflict in Syria, for
instance, has forced many refugees to flee to countries around Syria, causing
irregular arrivals in European countries. European Union countries have responded
differently, with Hungary building a border fence and Germany offering asylum
support, even for those not entering through Germany. These actions conflict with
the Dublin Regulation, which dictates that asylum applications be made in the first
European Union country entered. These diverse reactions have led to policy
changes, altering the flow of refugees and their transit and destination countries.
Refugees seek countries that provide them with protection and security.

The majority of current refugees, accounting for 85% of the total 26 million
worldwide, are in developing countries facing conflicts, human rights violations,
disasters, or government instability. In 2022, 76% of refugees were hosted in low-
and middle-income countries, which poses a significant burden. These developing
nations are already dealing with issues like poverty, hunger, and underdeveloped
infrastructure, making it challenging to accommodate refugees. Southeast Asian
countries also grapple with refugee issues, with the region being home to over 2
million refugees, and the numbers are expected to surge in 2022. Neighboring
countries often receive these refugees, but resource limitations can lead to
maltreatment and neglect of their rights. The Association of Southeast Asian
Nations (ASEAN) should recognize refugees as a shared regional problem,
fostering collective awareness and responsibility for addressing these challenges.
 As members of the international community, states have a moral obligation
to protect international refugees, which includes upholding the principle of non-
refoulement. Refugees, as human beings, possess fundamental rights that must be
safeguarded, ensuring that their treatment aligns with human rights standards. This
responsibility also applies to Indonesia, despite not having ratified the 1951
Geneva Convention and the 1967 New York Protocol on the Status of Refugees.
Failure to provide adequate protection for refugees can result in rights violations
and other harm.

This article presents a literature review of refugee protection practices in

Asia and Africa, with the primary legal sources being the 1951 Geneva Convention
and the 1967 New York Protocol on the Status of Refugees, along with relevant
secondary legal sources. The article acknowledges limitations, such as the inability
to provide a comprehensive practical view of refugee protection practices and
potential author biases in the included literature. Nevertheless, the article discusses
refugee rights, protection in Asia and Africa, and the application of a regionalism
approach to refugee protection, emphasizing the importance of reciprocal
cooperation among neighboring countries and the need to revitalize existing bodies
and clarify their authority to enhance refugee protection, despite resource
constraints.

1.Protection of Refugee Rights and Its Regulation

Refugees, like all individuals, possess fundamental rights that must be

safeguarded and fulfilled. These rights include protection from forced return to
their home country, the ability to seek asylum, equality and non-discrimination, the
right to life and security, and the right to return to their home country when
conditions improve. The principle of non-refoulement, preventing the return of
refugees to places where their human rights may be violated, is universally
acknowledged and enshrined in various legal documents.

The legal foundation for non-refoulement includes articles from the Universal
Declaration of Human Rights (UDHR), the Convention Against Torture, and the
International Covenant on Civil and Political Rights. The right to seek asylum is
also protected, and it's a shared responsibility under international law, even though
it can lead to disputes between nations. Asylum should be considered a principle of
international law, in accordance with the UN Charter. Granting asylum should not
be seen as an act of hostility by the receiving country.
2.Protection of Refugees In Asia

The Asia-Pacific region faces complex refugee challenges requiring

collaborative, multi-sectoral solutions, particularly through cooperation between
countries and international organizations like UNHCR and IOM. In cases like the
Andaman Sea and Bay of Bengal refugee crisis, countries such as Thailand,
Malaysia, and Indonesia worked together, with IOM and UNHCR's support, to
provide temporary housing and protection to stranded refugees. Collaboration
involving various stakeholders is essential.

During the Rohingya refugee crisis in Bangladesh, the government

collaborated with IOM to manage refugees and grant UNHCR refugee status.
UNHCR played a crucial role in the Bali Process, emphasizing the protection of
refugees. Over time, UNHCR's role has shifted from innovation to implementation,
prompting a review of its role.

The Bali Process, led by Indonesia and Australia, serves as a platform for
addressing human trafficking and irregular migration issues. The 2018 Declaration
guides its activities, with UNHCR and IOM actively participating. In 2018, the 7th
Ministerial Conference expanded collaboration with the private sector.

The Bali Process has evolved to include more participants, emphasizing

transnational criminal activities and stricter restrictions on asylum seekers. IOM
and UNHCR have played a crucial role in protecting international refugees,
demonstrating the potential for their collaboration to enhance refugee protection
efforts.

3.Protection of Refugees In Africa

Regional integration in Africa, often through RECs, provides a framework

for refugee protection, extending their focus from economic matters to encompass
human rights. Refugee protection is increasingly seen as integral to regional
integration, as a humanitarian crisis can disrupt economic efforts. In East Africa,
organizations like EAC, ICGLR, and IGAD engage in refugee protection, with
UNHCR collaborating with EAC. ECOWAS manages refugees through its
Department of Humanitarian and Social Affairs Commission, facilitating local
integration with UNHCR and governments.
However, some southern African countries like South Africa exhibit negative
sentiments towards refugees and migrants, leading to limited solidarity on refugee
issues within SADC. In contrast, Uganda has been praised for its refugee-friendly
policies, despite facing challenges due to an increasing refugee population and
limited resources. Uganda's strategic response, developed with international
support, aligns with the New York Declaration on Refugees and Migrants,
emphasizing the evolving role of regional integration organizations in Africa and
their recognition of human rights perspectives.

4. Regionalism and Its Role in Refugee Protection

Regional cooperation and multilateralism in the Asia Pacific region manifest

in various ways, with ASEAN serving as a key driver of regional coordination.
Regionalism, in this context, refers to the harmonious interactions among people,
institutions, media, trade, finance, as well as political and military collaborations
within a given region. This cooperation stems from factors like a shared sense of
loyalty, awareness of neighboring nations, and the collective desire to establish a
supportive and amicable environment. This concept of "new regionalism" is
employed as a model for bolstering regional collaboration in refugee protection
and the safeguarding of refugee rights in Southeast Asia and Africa.

The author's analysis underscores the necessity of global cooperation,

emphasizing that the refugee issue cannot be effectively addressed without
concerted efforts from countries worldwide. Regional approaches, such as
regionalism, play a significant role in this collective effort. Consequently, every
nation bears a degree of responsibility and possesses the capacity to make
meaningful contributions to regional initiatives aimed at protecting refugees.