The Role of Social Worker in the Context of Refugees and Asylum

Seekers Rights in Indonesia

Alamsyah Agus

, Intan Slipi Lia

and Muh. Akbar

School of Social and Behavioral Sciences, Nanjing University; China

Yayasan Sayangi Tunas Cilik partner of Save the Children

Bandung College of Social Welfare; Indonesia

Keywords: Refugees, Asylum Seekers, Social Worker, Unacommpanied Minor, Social Functioning, Social Problem,

1951 Refugee Convention

Abstract:

The plight of refugees and asylum seekers has been a trending issue of critical importance for social workers

in Indonesia. At the end of February 2018, the public was overwhelmed by mass media coverage of a large

number of refugees living on the streets in front of the Immigration Office in Jakarta. Their existence needs to

be noticed by the government in particular and all parties in general, as it may create a new social problem.

Many of the difficulties experienced by them, but the most felt is due to the issue of legal status and language

barrier; they can not access public services such as healthcare, education, work, and others. Social workers

work to uphold the dignity of all those refugees and asylum seekers including unaccompanied minors (UAM)

and to work with them for successful social functioning. This paper explores available integrative literature,

quantitative document analysis, and presents mixed methodology through individual interviews and an

exploratory study to analyze social workers’ role to respond the various issues faced by today’s refugees and

asylum seekers rights as well as potential way for being supporting document as a policy framework for

Indonesian government to ratify the 1951 Refugee Convention.

1 INTRODUCTION

The situation of refugees and asylum seekers

recently has become a significant issue for

Indonesia. Based on UNHCR Global Trends (2016),

as many as 22.5 million refugees and asylum seekers

migrate to various countries including Indonesia.

Factors that have contributed to global migration

include many things. The reasons why they want to

resettle is because of fleeing persecution, conflict,

war, or violence in home countries. They are seeking

a job or educational opportunities and some of them

would like to reunite with their family members.

However, historically the chances of refugees ever

being resettled are only around 1 percent.

History of refugees in Indonesia began in 1979,

as many as 170.000 refugees by setting up camps in

Galang Island, Kepulauan Riau. Nowadays, there are

6.191 asylum seekers and 8.279 refugees were

registered cumulatively at UNHCR located in

Jakarta, according to UNHCR, Afghanistan and

Pakistan are the majority, and some of them are

from Sri Lanka, Iraq, Iran, Myanmar, and other

countries (UNHCR 2016, p. 1). One-third of the

total 14.470 are living independently without any

assistance.

Despite the high volume of refugees and asylum

seekers heading to the territory of Indonesia for

transit, the government has not ratified the 1951

Refugee Convention relating to the legal mechanism

to take an active and significant role regarding the

status of refugees or asylum seekers in Indonesia.

The condition leads to a dilemma for those who are

intentionally or unintentionally stranded in

Indonesia, and also for the image of government.

Many refugees and asylum seekers tend to live with

limited privileges, rights, and freedoms until they get

legal status from the host country (George, 2012).

Social workers are at the frontline of social

services to vulnerable groups in global societies for

dealing with trans-cultural problems (Hessle, 2007).

The new social work workforce is oriented with

adequate knowledge, skills, and values for working

effectively with refugees and asylum seekers.

Therefore, this paper will seek to explore

available integrative literature, quantitative

document analysis, and provide combined

methodology through semi-structured interviews and

332

Agus, A., Lia, I. and Akbar, M.

The Role of Social Worker in the Context of Refugees and Asylum Seekers Rights in Indonesia.

DOI: 10.5220/0009930103320339

In Proceedings of the 1st International Conference on Recent Innovations (ICRI 2018), pages 332-339

ISBN: 978-989-758-458-9

an exploratory study of the role of social workers in

responding to the issues of refugees and asylum

seekers rights in Indonesia. This essay will address

three significant areas of concern: Legal Rights,

Detention, and Biological, Psychological, Social and

Spiritual (BPSS) Aspects. We also present a

conceptual framework for supporting a document to

be addressed by the Indonesian government to ratify

the 1951 Refugee Convention

2 SOCIAL PROBLEMS FACED

REFUGEES AND ASYLUM

SEEKER IN INDONESIA

Most refugees, asylum seekers, and UAM have

difficulty to directly move to get permanent

resettlement because the mostly unplanned and

unanticipated nature of the move and the unexpected

circumstances which precipitate the movement. In

this context, the role of transit country in global

migrations increases due to the process can go on for

a while and pass through specific locations whether

it is planned or not before they are able to reach their

final destination. During this time, refugees and

asylum seekers in Indonesia face an intersecting web

of social problems, including;

2.1 Legal Rights

The main problem of these refugees and asylum

seekers is their legal status. The root of this problem

grows significantly; it evolves touching many

aspects of their lives. Asylum seekers and refugees

consisting of families with children, a single young

man or woman, including unaccompanied children

have become a new social problem in Indonesia.

They live on the margins of society, fearful of

arbitrary harassment, extortion, arrest, and detention.

Some of them are homeless because of inadequate

shelter, unable to work to fulfill their needs, and

access the free health care. Not many schools also

can accept them to learn because of the language

barrier and unqualified teachers, not to mention

psychosocial problems caused by the trauma of

torture or feelings desperately need to be handled

over which happened in their home country before

coming to Indonesia.

Despite all the limitations, they come to other

countries to seek protection and asylum. Heading to

Indonesia or some other countries for transit, they

really hope that they will be able to settle in a

country and continue their dreams and life. There are

definitely human rights embedded in them wherever

they are as a universality. They just want to live like

human being, gain freedom, and feel happiness as

well.

2.2 Detention Condition

Nowadays, Indonesia has 13 detention centers across

Indonesia’s archipelago to facilitate and

accommodate refugees and asylum seekers including

UAM. The amount is actually inadequate

considering that around thousands of asylum seekers

and refugees have illegally entered in territory of

Indonesia. For example, the Immigration Detention

Center in Kalideres Jakarta has a maximum capacity

of 120, but it currently houses 155 asylum seekers,

69 refugees and a handful of foreigners who had

overstayed their visa. It is meant to hold only foreign

nationals who have violated visa regulations or who

are to be deported. It can take a long time for asylum

seekers to get resettlement in a new country once

they have registered with the local UNHCR office,

the fastest in four years according to the agency's

records and many of them succumb to the harsh

conditions of living in transit. Some asylum seekers

and refugees in Indonesia have now sought shelter at

immigration detention centers, including one in

Kalideres in the west of the capital Jakarta. These

immigration detention centers are meant for foreign

nationals who violate Indonesia's immigration laws.

Nevertheless, the centers have opened their doors to

asylum seekers and refugees, but they are fast

running out of space.

Refugees and asylum seekers are typically kept

in locked cells and given inhumane treatment from

detention center officer (Missbach and Sinanu,

2013). Health and sanitation conditions are

deplorable, and the medical team tends to be slow in

responding to their health issues (Human Rights

Watch, 2013). Many refugees in Indonesian

detention centers are getting stress because of locked

up for long hours, away from beloved families, poor

living conditions, lack of amusement and waiting for

the long process of their asylum claim to UNHCR.

Also intermingling between them and also illegal

immigrant in the same detention center may spark

conflict. For instance, in Medan detention center has

happened a conflict raising from over-capacity and

tempering between them which caused 8 Rohingyas

died. Inadequate capacity and people being prone to

conflict are one of indications that the right to safety

in detention center is not optimal. Whereas,

according to the Law No. 39 of 1999 on Human

Rights in Article 30 stipulates that “everyone has the

right to safety” in which the word “everyone” means

protection over the right to safety provided by the

Government of Indonesia which covers everyone

including these refugees, asylum seekers, and UAM

within the Indonesian territory.

The Role of Social Worker in the Context of Refugees and Asylum Seekers Rights in Indonesia

333

One of the unaccompanied children who had

lived in the shelter in Jakarta, Shafee told the story

of his experience while he was living in one of the

detention houses in Tanjung Pinang before being

transferred to the shelter. He said that he did not get

sufficient food while he was there and felt

uncomfortable. He had to sleep together with other

refugees in one room, have nothing to do, just sleep,

occasionally chatted with other fellow refugees,

even he just sat silently a whole day for looking at

the situation that happened inside the detention

house while thinking of his fate.

2.3 Biological, Psychological, Social

and Spiritual (BPSS) Aspects

Through the handling process of refugees and

asylum-seekers, some issues will surface to their

core concerns as well as biological, psychological,

social and spiritual aspects. Refugees and asylum

seekers lose their livelihood, their homes, and are

forced into poverty, which will affect their mental

health and well-being (Palmer, 2007).

Galambos (2005) mentions that refugees, asylum

seekers, or Internally Displaced People (IDPs) tend

to experience the loss of family connections,

colleagues, long-standing social contacts, overall

support and social relationship emotionally. Also,

they suffer from psychosocial problems such as

intermittent explosive disorder that characterize the

experience of those who are secondary victims to the

loss (George, 2012).

Limitations on those aspects have an impact on

their unfocused spiritual activities, sterile shelter

environments and the inability to socialize with local

communities causing difficulties in worship.

These problems are much better dealt with within

the context of the community itself, rather than the

artificial environment of the courts (Ife, 2006). This

means that community acceptance can be obtained

through the role of social workers who are tasked

with understanding local communities of the

refugees and asylum seekers. Therefore,

humanitarian services within which there are social

workers represent an important aspect of community

development in this case the social functioning of

refugees and asylum seekers through the advocacy

roles of central government, local government and

stakeholders.

3 THE ROLE OF SOCIAL

WORKERS IN CONCERN FOR

SUCCESSFUL SOCIAL

FUNCTIONING

Professionals in the human services field specify that

refugees and asylum seekers need long-term

recovery mental health interventions such as family

counselling, individual or group therapy, and

learning relaxation techniques (Boisvert, 2006). By

providing these basic needs, especially in the areas

of safety, health care, education, food, and most

importantly the provision of psychosocial support,

their overall well-being might be improved

enormously (Kim, Torbay, & Lawry, 2007).

As social workers are definitely seeing these

asylum seekers and refugees is part of a social being

that also has the role and social function in personal

life. They have own problems that disrupt their

social functioning. These refugees are usually

confused in identifying the needs and problems

faced with too much. Therefore, social workers help

them to be able to determine which problems and

needs are priorities.

In this context, social workers need to improve

the capacities to handle and to care for all refugees

and asylum seeker including unaccompanied minors.

Social work as a profession has much to offer in

services for them. Social workers can absolutely

respond to the complex needs of them within an

understanding of the broader context of the social

welfare system and dynamics of interconnected

relationship.

Social workers who specialize in working with

communities and individuals of refugees, asylum

seekers, or even UAM can alleviate some of these

challenges by offering support, counseling and

advocacy for connecting them to valuable resources.

For example, one of the common issues is about

the client’s status. In this case, social workers may

collaborate with legal professionals. Their role tend

to include gathering important documents, writing

detailed reports that can support their client’s case,

and serving as a primary contact and advocacy to

law enforcement officials.

Social workers may also work with newly

arrived refugees and asylum seekers by facilitating

the moving process to their new surroundings. This

may include supporting clients through social

services, job placement assistances, language

courses, cultural orientations, and so on.

Also, for those who escaped hostile

environments or have experienced traumatic events

in their home country may need specialized

counseling. Social workers may offer therapy and

ICRI 2018 - International Conference Recent Innovation

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trauma healing which can help them to recover and

move forward with their lives.

The values of social work, acknowledging the

principles of both social justice and the dignity of

human being, likewise to pay more attention to the

importance of ensuring that responses to successful

social functioning. The concept of social functioning

is a tool for understanding the unique focus of social

work through the process of change and

distinguishing social work from the other related

professions.

The successful social functioning is a person’s

ability to accomplish those tasks in many situational

context and to fulfill his or her basic needs, such as

having food, shelter, and medical care. Along with

being able to protect oneself from harm, finding

healthy relationship and social support, having

meaning and purpose in life, and also enable to

perform his or her major social roles in their

community. (NASW, 1999).

Trends in global migration and current patterns

of settlement tend to be complicated, dynamic, and

reflect different characteristics related to the

histories of the countries as well as more recent

geopolitical and economic pressures (Castles, 2000).

In Indonesia, the situation is very political and the

authority is left entirely to the destination country or

related parties to take care of them. In this case,

social workers begin to become a facilitator for them

to provide information, give understanding

regarding the problem, explore their potential, and

work together to find solutions.

Social workers can also lead refugees and

asylum seekers to see other problems such as access

to education or job skills. They asked to learn how to

accustomed to living in Indonesia by studying the

language, volunteering or seeking education in local

schools. One of the most recurring roles of social

workers is as a motivator. Social workers should be

able to encourage, motivate and create a passion for

getting better and convincing them of their abilities.

Some refugees who are quite right in Indonesian can

be an interpreter in some schools for fellow refugees

or they are paid professionally or just voluntarily.

They are not allowed to work in Indonesia, but by

doing such activity may help them to survive.

Related to the health problems or other service

access, social workers play the role of a broker. The

process of connecting people with institutions or

stakeholders which have resources or providing

information on accessing services required. Social

workers made some efforts to collaborate with

Puskesmas (community health services), public

hospital, and linked to further health information.

The refugees and asylum seekers register by

showing the identity card from UNHCR. They get

medicine and other facilities just like the local

community. Also, social workers connect them to

other public services as needed.

Slipi Lia interviewed one Afghanistan refugee

Hamed who is looking forward to getting

resettlement to the United States of America. His

hobby the is reading, and he is excited when a social

worker accompanied him to go to one of the

university's libraries near from his shelter so then he

can go there every day. Although he does not have

access to borrow books because he does not have an

official ID but is keen on reading the books there, it

is perfectfor him because he can indirectly interact

with students in the library.

The ability to show empathy needs to be trained

because what we know from the mass media (e.g.,

newspapers, radio, television) about the conflict

happens in their country is only a small snapshot of

the actual situation. Slipi Lia once told the story of

dark times of Indonesia in 1998 (ending the three

decades of the new order period of authoritarian

President Suharto) to Ali. One of the unaccompanied

children in a part of counseling sessions responded

by retelling his story that happened in his country

every day. He and his family could be the one who

died. It can be seen from his expression that he is

angry and afraid while telling her story. Hence, we

need to be a good listener and show our sincere

empathy to them since we could never know what he

and the other refugees and asylum seekers had been

through in their home country.

This study emphasizes the role of social in

clinical practice especially for unaccompanied minor

(UAM) also known as separated children. Their

experiences are characterized by trauma, loss, and

separation which in turn is connected with potential

emotional problems (Hodes et al., 2008). UAM are

at high risk of mental distress, particularly post-

traumatic stress disorder (Hodes, 2000).

Uncertainty about the future is considered to

have a significant impact on the well-being of UAM.

In this regard, negotiating a complex asylum system

and adapting to a new ‘way of life’ have also

emerged as significant psychosocial challenges for

UAM (Kohli, 2011). Therefore, social workers must

response following best practices, including

culturally competent services, community

integration, support, and advocacy to build the

frameworks for change.

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335

4 INDONESIA’S TODAY

REFUGEE POLICY AND

SOCIAL WORK’S POSITION

Ratifying the 1951 Refugee Convention then

becomes one issue for the Government of Indonesia.

There are thousands of asylum seekers in Indonesia

who have not acquired the status of refugee to obtain

the rights guaranteed in the 1951 Convention,

because ofthe complexity of determining their status,

as conducted by UNHCR. These people do not have

any job, any clear status, nor any residence in

Indonesia. They are living dependently with the

assistance of the Government of Indonesia and may

be burdening the State’s budget. Hence, ratifying the

1951 Convention has become one particular issue to

rectify this situation.

Since Indonesia is not a party to the 1951

Refugee Convention and also the 1967 Protocol,

Indonesia does not render formal rights to refugees

and asylum seekers within its territory. Indonesia

merely provides “tolerance” for their presence under

UNHCR. Moreover, Indonesia does not have

internal mechanisms to process asylum claim or to

accommodate resettlement and ensure fair access

forshelter and asylum to those in need. However,

Indonesia is bound to the principle of non-

refoulement (prohibition to return) contained in

Article 33 of the 1951 Refugee Convention as a

customary international law applicable to refugees,

asylum seeker, or those who need some form of

shelter from the State authority which has control

over them.

The ratification of 1951 Convention is

considered as one solution to regulate the refugees.

But this issue has also created some controversies.

Some argue that Indonesia should ratify this

convention, on the other hand, others argue that

ratifying this convention will only gain more

problems in Indonesia.

First, ratifying the 1951 Refugee Convention will

help Indonesia to have a precise mechanism on

overcoming the refugee status. A person should

acquire refugee status To obtain the refugee status

from the 1951 Convention. By ratifying the

Convention and its Protocol, Indonesia will be able

to exercise its jurisdiction by imposing the

applicable national law and deciding the status of the

refugees, so Indonesia can directly contribute and

get involved in settlement of the refugee problems.

Indonesia will also have clear obligations and

mechanisms on coping with the refugees’ problems

by becoming the Contracting State. Therefore, the

problematic device will be solved.

Ratifying the 1951 Convention will also be a

form of fulfillment of Indonesia’s obligation as a

member of United Nations. It has been Indonesia’s

obligation to enforce the human rights protection

and the legitimate national interest to maintain

control of national borders. It is a form of

manifestation of the Universal Declaration of

Human Rights and the Law No. 39 of 1999 on

Human Rights. Furthermore, Indonesia has included

the ratification of the 1951 Convention on its

National Action Plan for Human Rights 2015-2019

through Presidential Decree No. 75 of 2010; it is

only about the implementation of the Law to fulfill

its obligation.

Indonesia can boost its image as a country that

promotes Human Rights and the implementation of

the Universal Declaration of Human Rights by being

a part of the 1951 Convention. This action will make

friendlier ties among nations. However, ratifying

these instruments may only gain more problems in

Indonesia. The current issues about the welfare,

education, religious sentiment, and protection of the

Indonesian people has not been resolved and

handled correctly. Indonesia has to consider its

capacity to protect its people first before other

nationalities. On foreign relations, Indonesia has to

regard its national interest as stated on Article 3 of

Law No. 37 of 1999 that foreign policy adheres to

the principle of free and active but prioritizes

national attention.

People also argue that by ratifying the 1951

Refugee Convention, it means Indonesia is

welcoming the refugees to stay. Inviting the refugee

to stay means that the government has to prepare a

certain amount of budget for the refugees. By 2014,

Indonesia has spent USD 8,146,793 or about 110

billion Rupiah. This amount of money could be

allocated to carry out Indonesia’s welfare program.

Although Indonesia is the largest economy in South

East Asia and a member of the G-20, approximately

40% of the entire population live below the poverty

line with limited employment opportunities

(Handayani 2012). Health insurance and higher

education are mostly unaffordable for under

privileged people. Meanwhile, Indonesia is

developing rapidly, its economic growth,

infrastructure development, and social assistance

program related to education and health care are

overshadowed by the public need (OECD 2015).

There are many avenues which social work

practitioners can help shape policy regarding social

services and resources for refugees and asylum

seekers. Of the most prominent, social workers

should get involved in advocacy and policy change

on behalf of those who get accessibility problems

because their circumstances (Delgado, Jones, &

Rohani, 2005). Mosley (2014) argues that social

workers can take an action to procure resources and

improve policies through advocacy.

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In advocacy, social workers need to improve the

knowledge of community about the issues facing

refugees. Convincing interested stakeholders to

assist these refugees and asylum seekers is not as

easy. To raise awareness to the public for seeing

their rights as human beings, also does not

discriminate against them because of illegal status.

It is definitely clear that action needed to get

people's attention towards an issue, and to control

policy makers to find a solution. The advocacy

efforts will exemplify and deepen social work’s

commitment to social justice and human rights for

those who the most vulnerable in society, such as

children, women and the elderly

Social workers definitely have an important role

to work with the community and minimize the

impact of Indonesia has not ratified the 1951

Refugee Convention yet. The opportunity of

refugees, asylum seekers, and also unaccompanied

minors (UAM) resettled into a third country will

always exist, and most importantly they do not lose

hope of it.

5 RECOMMENDATIONS FOR

INDONESIAN GOVERNMENT

TOWARDS RATIFICATION OF

THE 1951 REFUGEE

CONVENTION

In this paper, we want to explore more deeply how

the roles that social workers can play in addressing

the issues related to refugees and asylum seekers’

rights in Indonesia, another thing that social workers

need to concern to the level of acceptance the

community against these refugees if Indonesia

participates in ratification. Based on a survey

released by Amnesty International in 2016,

Indonesia was among the countries considered

unfriendly to refugees from 27 countries surveyed.

Indonesia was ranked 26

and Russia was ranked

. On the other hand, China was in first place,

followed by Germany and Britain was in the second

and the third place regarding the public acceptance

of refugees.

We would like to recommend some notes to the

government of Indonesia to be able to do many

things to help the refugees and asylum seekers. But

it will be difficult to achieve it as long as Indonesia

has not ratified 1951 refugee convention. This

condition obviously contrasts with the Indonesian

government afford to encourage the creation of "the

fair and civilized values of humanity" as one of the

foundations of the Indonesian state. However, no

one denying that there were a few parties who began

to bring religious sentiments to address the existence

of these refugees and asylum seekers.

As social workers, we see that hard work from

all stakeholders is really needed to give

understanding for community. Mostly community

thinks that by providing assistance to refugees and

asylum seekers, it is more than enough, while it is

only short-term and does not touch their root

problem. Social workers have an important role to

work with the community, not only with individual

refugees to contribute in influencing the creation of

community acceptance but also minimizing the

impact of the refugee policy. Their expectation to

the option of resettle in the third countries will never

get lost.

Indonesia should determine its position in

responding to the current refugees and asylum

seekers who continue to make Indonesia as a

destination country. By taking steps to ratify the

1951 Refugee Convention to provide the Indonesian

Government with greater opportunity to be directly

involved and contribute in accordance with national

interests in the handling of refugees and asylum

seekers, decisions about refugee status are no longer

dependent on UNHCR's decision.

In addition, ratification also provides an

opportunity for Indonesian Government to obtain

international assistance and cooperation related to

strengthening national capacity in handling refugees

and asylum seekers. International cooperation will

encourage some resolutions of the problem of

refugees and asylum seekers in more comprehensive

way.

Thus, the burden of handling refugees and

asylum seekers is not borne solely by our

government, but also the support of the international

community which is engaged in the issue of refugees

and asylum seekers.

Indonesian government will have the authority to

make regulations on clear boundaries to be able to

distinguish those who can become a citizen and who

cannot become a citizen. The ones who are qualified

to be a citizen are required to integrate locally and

assimilate with the local people and to be sanctioned

in violation under applicable law as well as existing

social norms.

It is also definitely an obligation of Indonesia to

treat the refugees and asylum seekers is the same

position as other Indonesian citizens. The available

options are voluntary repatriation to be taken

considering that resettlement in Indonesia as a long-

term solution is not achieved or deported. Thus,

Indonesia has provided 'legal ways' for these

refugees to start their new lives and not to do

'smooth ways' to accommodate them but the

The Role of Social Worker in the Context of Refugees and Asylum Seekers Rights in Indonesia

337

uncertainty of their citizenship status so they cannot

earn a decent living as their rights in Indonesia.

The next recommendation is the establishment of

an area that allows several countries to assist each

other in handling refugees who transit to arrive in a

third country. We call this a sister state, in which

two or more countries cooperate and do not charge

of a single country for asylum, but it is the

environmental responsibility of those countries in

the event of Australia, the United States, Germany

and most countries in Western Europe restricted

their borders for refugees and asylum seekers.

Several articles and instruments of 1951 Refugee

Convention also need to be assessed for its standard,

especially for developing countries such as

Indonesia, as the per head index for refugees defined

by UNHCR is very high and should be in line with

State Budgets (APBN) and local wisdom in

Indonesia. It should be of UNHCR concern or a

review of the 1951 Convention to conform to the

contemporary issues related to refugees.

Indonesian government's attention to refugees

and asylum seekers does not mean ignoring the

domestic obligations of Indonesia but always

combined with the international responsibility that

still upholds Human Rights. In that way, we totally

believe that it will result in social justice for society.

6 CONCLUSION

Social workers are seeing refugees and asylum

seekers are part of a social being that also has the

role and social function in personal life. They have

problems which disrupt their social activities. These

refugees and asylum seekers are usually confused in

identifying the needs and difficulties. Therefore,

social worker plays a crucial role in helping the

asylum seekers and refugees to uphold and protect

their rights to get freedom of movement, housing,

education, justice, lawful employment, integrating

into their host communities, and so forth.

This paper is a form of encouragement and

support to Indonesian policy frameworks to

participate in promoting recognition and

encouraging the legal framework of refugee

protection by ratifying the 1951 Refugee Convention

with one of the Indonesian State Philosophy

“Pancasila” that upholds the fair and civilized values

of humanity.

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