Acceding to the Refugee Convention: Indonesia’s persistent reluctance

Abstract

Why do non-signatory states choose not to accede to the 1951 Convention and/or its 1967 Protocol (together and individually, “the Refugee Convention”)? This question has occupied the writings of many refugee studies scholars. In Southeast Asia, Eurocentrism in drafting the Refugee Convention has been used to explain non-accession, along with other common explanations, such as the perception of refugees as a threat to national security and the fear of increased social and economic burdens. However, much of the research on this topic globally has generalized the creation of international refugee law and observations of narratives on a regional level. Only a few research studies have studied individual states' internal dynamics and actors' engagement in domestic politics with the international refugee regime. This chapter addresses this gap by drawing on original, empirical research on Indonesia.

The research for this chapter utilizes document analysis and thirteen interviews conducted with officials from the Indonesian government, members/former members of the Indonesian House of Representatives, UNHCR staff, and civil society organizations. Based on this research, the chapter puts forward three factors contributing to Indonesia’s reluctance to accede to the Refugee Convention. First, accession is not favored due to the narrative of Indonesia as a transit country for refugees seeking sanctuary in a country other than Indonesia. Second, a ‘silo mentality’ among government agencies impedes decision-making and implementation concerning potential accession. Third, the ‘selective policy principle’ in the immigration law echoes an anti-foreigner sentiment that is inherently linked to Indonesia’s colonial history.

In general, the examination shows that although Indonesia is persistently reluctant to accede to the Refugee Convention, non-accession policy is not unanimously supported among policy actors. In fact, various government actors, along with civil society organizations and UNHCR, have actively advocated for Indonesia’s accession. More importantly, as I argue in this chapter, while a reluctance to accede to the convention persists, the influence of these different actors has led to the gradual adoption and integration of the basic principles of international refugee law into state policy and practice.