TY - JOUR
T1 - Asylum Seekers and Refugee Management
T2 - (Im)Balance Burden Sharing Case between Indonesia and Australia
AU - Afriansyah, Arie
AU - Purnama, Hadi Rahmat
AU - Putra, Akbar Kurnia
N1 - Funding Information:
Hannes Weber, “Can Violent Conflicts Explain the Recent Increase in the Flow of Asylum Seekers From Africa Into Europe?,” Journal of Immigrant and Refugee Studies 17, no. 4 (2019): 405–24, https://doi.org/10.1080/15562948.2018.1517424. Marco Percoco and Ugo Fratesi, “The Geography of Asylum Seekers and Refugees in Europe,” in New Frontiers in Interregional Migration Research, ed. Bianca Biagi et al. (Springer International Publishing, 2018), 105–23. Susan Kneebone, “Comparative Regional Protection Frameworks for Refugees: Norms and Norm Entrepreneurs,” International Journal of Human Rights 20, no. 2 (2016): 153–72, 158, https://doi.org/10.1080/13642987.2016.1141499. UNHCR as cited in Susan Kneebone, “The Bali Process and Global Refugee Policy in the Asia-Pacific Region,” Journal of Refugee Studies 27, no. 4 (2014): 596–618, 598, https://doi.org/10.1093/jrs/feu015. It includes countries in the region, source countries for refugees transiting to Australia (such as Afghanistan, Sri Lanka, Myanmar, Iran and Iraq) and ‘superpowers’ such as the United States of America and the Peoples’ Republic of China. "About the Bali Process," Bali Process, accessed 12 December 2021, https://www.baliprocess.net. It is also stated that the website is funded by the governments of Japan, Australia and New Zealand. It shows to the public which countries have significant interests as well. Kneebone, “Comparative Regional Protection Frameworks for Refugees: Norms and Norm Entrepreneurs”, 597.
Publisher Copyright:
© 2021 Instituto de Pesquisas Jardim Botanico do Rio de Janeiro. All rights reserved.
PY - 2022/1
Y1 - 2022/1
N2 - Since the 1970s, Indonesia has been acting as a transit country for asylum seekers and refugees to reach Australia and New Zealand. Being a non-state party to the Refugee Convention, Indonesia has become the strategic partner for Australia in managing the issue of asylum seekers and refugees. The two countries have been involved in many bilateral and regional arrangements to tackle the issues. The "Bali process" is one of Indonesia and Australia's ar-rangements to lead the region in tackling forced migration and refugees. Un-fortunately, despite their "common" interests, many of Australia's policies to-wards asylum seekers have negatively impacted Indonesia in many ways. This paper uses desk study research with a normative approach to analyse nation-ally and internationally relevant laws and policies. This paper analyses the Bali Process as regional cooperation means of burden-sharing in which Indo-nesia and Australia play dominant roles while scrutinising how both countries implement the policies within their domestic realms. In addition, the dynamics within the two countries will also be examined to understand how they shape their policies. This paper argues that Indonesia has fulfilled its part by manag-ing these protected persons within Indonesia. However, Australia seems to consistently try to shift its burden to Indonesia as its neighbouring state. By revisiting the Bali Process arrangement, it is suggested that Australia needs to respect its commitment and take any means necessary to keep good relations with its neighbours, including Indonesia.
AB - Since the 1970s, Indonesia has been acting as a transit country for asylum seekers and refugees to reach Australia and New Zealand. Being a non-state party to the Refugee Convention, Indonesia has become the strategic partner for Australia in managing the issue of asylum seekers and refugees. The two countries have been involved in many bilateral and regional arrangements to tackle the issues. The "Bali process" is one of Indonesia and Australia's ar-rangements to lead the region in tackling forced migration and refugees. Un-fortunately, despite their "common" interests, many of Australia's policies to-wards asylum seekers have negatively impacted Indonesia in many ways. This paper uses desk study research with a normative approach to analyse nation-ally and internationally relevant laws and policies. This paper analyses the Bali Process as regional cooperation means of burden-sharing in which Indo-nesia and Australia play dominant roles while scrutinising how both countries implement the policies within their domestic realms. In addition, the dynamics within the two countries will also be examined to understand how they shape their policies. This paper argues that Indonesia has fulfilled its part by manag-ing these protected persons within Indonesia. However, Australia seems to consistently try to shift its burden to Indonesia as its neighbouring state. By revisiting the Bali Process arrangement, it is suggested that Australia needs to respect its commitment and take any means necessary to keep good relations with its neighbours, including Indonesia.
KW - Asylum seekers
KW - Aus-tralia
KW - Bur-den-sharing
KW - Indonesia
KW - Refugees
UR - http://www.scopus.com/inward/record.url?scp=85125704189&partnerID=8YFLogxK
U2 - 10.28946/slrev.Vol6.Iss1.1145.pp70-100
DO - 10.28946/slrev.Vol6.Iss1.1145.pp70-100
M3 - Article
AN - SCOPUS:85125704189
SN - 2541-5298
VL - 6
SP - 70
EP - 100
JO - Sriwijaya Law Review
JF - Sriwijaya Law Review
IS - 1
ER -