The Habibie Center, Jakarta Tuesday, June 16, 2015

THE HABIBIE CENTER DISCUSSION REPORT No. 12/June2015 rd 23 TALKING ASEAN ASEAN s Response to the Rohingya Migrant Crisis The Habibie Center, Jakarta Tuesday, June 16, 2015

INTRODUCTION JAKARTA On Tuesday, 16 June 2015, The Habibie Center held its 23 rd Talking ASEAN dialogue titled, ASEAN s Response to the Rohingya Migrant Crisis at The Habibie Center Building in Jakarta. This particular Talking ASEAN was moderated by Mr. A. Ibrahim Almuttaqi (ASEAN Studies Program Coordinator, The Habibie Center) and featured H.E. Amb. Makarim Wibisono (former Indonesian Permanent Representative to the United Nations and former Executive Director of the ASEAN Foundation), Mr. Tantowi Yahya (Deputy Chairman of Commission I, House of Representatives Republic of Indonesia), Mr. Thomas Vargas (Country Representative, UNHCR Indonesia), and Mr. Rudi Sukandar PhD (Senior Advisor, National Violence Monitoring System, The Habibie Center). The objectives of this Talking ASEAN were to: (a) discuss the current Rohingya migrant crisis, particularly the recent as well as longer-term causes for it; (b) identify the steps ASEAN may take resolve the Rohingya migrant crisis, and examine its effectiveness and possible shortcomings; (c) explore the main concerns of ASEAN memberstates in adopting a regional solution to the Rohingya migrant crisis, particularly from the perspectives of Myanmar, Thailand, Malaysia and Indonesia; and (d) discuss what implications the Rohingya migrant crisis has on ASEAN s longcherished principle of non-interference. This discussion report summarizes the key points of each speaker, as well as the question and answer session that followed.

SPEAKERS PRESENTATION H.E. Ambassador Makarim Wibisono is violating the integrity of social responsibility if it turned a blind-eye to the Rohingya crisis. Touching on the Rohingya crisis, Ambassador Wibisono mentioned that the issue had been imminent since 2011 with more than 120,000 Rohingyas fleeing Myanmar since 2012 and visible interfaith violence in which Buddhist mobs killed up to 280 people. He explained that the issue was due to the Rohingya s pending legal status which left them unable to work in well-paying jobs and made them further depend on the host government for support. H.E. Ambassador Makarim Wibisono - former Indonesian Permanent Representative to the United Nations and Executive Director of ASEAN Foundation H.E. Ambassador Makarim Wibisono began his presentation by explaining that he would like to first orient the audience on the history of ASEAN in order to ensure a better understanding of the Rohingya issue from ASEAN s point of view. He stated that ASEAN is comprised of ten memberstates and covers a total area of 4.46 million square kilometers, illustrating the sheer volume of such a community. He then highlighted the transformation ASEAN had experienced from being a loose association in a region marked by interstate conflict and uncertainty and based upon the non-legally binding 1967 Bangkok Declaration, into a peaceful, prosperous, and cohesive community. Moreover, the 2007 ASEAN Charter and the 2009 ASEAN Roadmap were adopted as a framework for the implementation of ASEAN s plans. Ambassador Wibisono then continued to state that ASEAN s most important mainstay today is a commitment to be together wherein the challenge of a heterogeneous concert of member-states is to ensure that the community will grow solid from time to time. Finally, Ambassador Wibisono capped his historical brief by referencing Paragraph 10 of the Charter s Preamble, which states that the ASEAN Community must strive to be politically cohesive, economically integrated, and socially responsible. He then posed the question of whether the Community Following the quantitative depiction of the Rohingya issue, Ambassador Wibisono then shared the perceptions of several journalists who argued that there had been no significant response from either ASEAN member-states or the ASEAN Secretariat. He stated that an appeared lack of urgency could be perceived as a display of ASEAN s impotence and ineffectual cohesion. Cynics likened ASEAN to a toothless tiger because ASEAN did not seem to have any instruments to regulate the ongoing refugee crisis despite the fact that the violence against the Rohingya in Myanmar threatened to become a regional issue if it was not responded to swiftly. The dilemma, then, was that the ASEAN Charter declared its member-states should uphold international law but also maintain the principle of non-intervention. Ambassador Wibisono concluded by saying that the Rohingya issue cannot be resolved by one single member-state alone, but rather warrants cooperation on behalf of ASEAN as a concert. If the issue is effectively addressed, it will strengthen the ASEAN community and have a positive impact on regional economic integration as well as regional security cooperation. The Rohingya issue cannot be resolved by one single member-state alone, but rather warrants cooperation on behalf of ASEAN as a concert. - H.E. Ambassador Makarim Wibisono - 1

SPEAKERS PRESENTATION Mr. Tantowi Yahya but unfortunately ended up stranded at sea due to the irresponsibility of other parties. Mr. Tantowi Yahya - Deputy Chairman of Commission I, House of Representatives, Republic of Indonesia. Mr. Tantowi Yahya began his presentation with a historical background of the conflict between the Rohingya and the people of Myanmar. He stated that there are two different perceptions among historians on the origin of the Rohingya. One belief is that the Rohingya are the original people of Rakhine State, Myanmar because they have lived in that area for hundreds of years. The other perception is that the Rohingya are people who fled from Bangladesh, especially during the British colonial period. These two differing perceptions have created a split between the ASEAN member-states and the world with some believing the former perception and others believing the latter. Following this, Mr. Tantowi explained a possible motive for the Rohingya to make the treacherous journey overseas, which he had learned by visiting Myanmar himself. According to his source, the hundreds of thousands of Indonesians who worked in the rubber plantations of Malaysia continue to ask for higher wages, which prompted local companies in Malaysia to search for a cheaper, alternative source of work. Therefore, the Rohingya left Myanmar partly due to the promise of work at the plantations, In respect to ASEAN s regional response to the issue, Mr. Tantowi stated that this issue presents itself as an opportunity to re-evaluate the principle of non-interference in a positive way. He stated that Indonesia, as the largest member-state, bears the greatest responsibility and should help in moderating the crisis. He believed that Indonesia enjoys the luxury of being both well respected by Myanmar due to its facilitation during Myanmar s democratic transition and also being the largest predominantly Muslim country in the world, which means a peaceful resolution would follow admiration from Bangladesh. As for possible policy recommendations, Mr. Tantowi suggested that representatives from all ASEAN member-states and Australia should sit together to produce a comprehensive strategy and mechanism for resolving the issue. Mr. Tantowi highlighted the importance of involving Australia in any dialogues because they have not shown any responsibility in mitigating the issue, even after signing the United Nations Convention on Refugees. Moreover, the Australian government has allegedly paid captains of boats carrying Rohingya refugees to turn around and return back to Indonesia. Finally, Mr. Tantowi concluded that the ASEAN Inter- Parliamentary Assembly (AIPA) should be used as an apparatus to help establish rules and regulations regarding the issue and must also oblige the governments of each member-state into becoming This issue presents itself as an opportunity to re-evaluate the principle of non-interference in a positive way. - Mr. Tantowi Yahya - 2

SPEAKERS PRESENTATION Mr. Thomas Vargas Thailand, and Malaysia discussed possible solutions to this multilayered and complex issue. In the outcome document, it was noted that solving the nationality/citizensip status of the Rohingya and addressing the economic and developmental disparity between the Rakhine state and the rest of Myanmar would be integral is settling the crisis. Mr. Thomas Vargas - Country Representative, UNHCR Indonesia. Mr. Thomas Vargas began his presentation by pointing out an important distinction in the title of the Talking ASEAN, noting that the Rohingya are labeled as migrants when, in fact, they should be considered refugees. He stated that while migrants have the voluntary choice to leave their home, whether to seek better paying jobs or to join their families, the Rohingya are refugees because they have no choice but to flee Myanmar due to the systemic discrimination and human rights violations that they are subject to. He also noted that in the 20 years that he had been working with the United Nations High Commissioner for Refugees (UNHCR), the Rohingya are the most horribly treated people he has ever encountered. Following this introduction, Mr. Vargas began to present the current boat crisis as a leverage point wherein ASEAN may implement possible regional responses. He explained that within the first quarter of 2015, 25,000 people fled on boats out of Myanmar and Bangladesh, a number that has doubled in volume compared to previous years in the same time period. Mr. Vargas then highlighted that the current boat crisis presented itself as a prime opportunity for ASEAN to go beyond the tradition of noninterference in resolving the issue at its root cause. In fact, in mid-may, representatives from Indonesia, To preface his response recommendation, Mr. Vargas explained that in 2009, ASEAN recognized the importance of establishing a human rights mechanism, albeit being an economic institution at its core. The ASEAN Intergovernmental Commission on Human Rights (AICHR) was inaugurated in 2009 with the means of protecting human rights and fundamental freedoms. In the early years of AICHR, UNHCR was successful in partnering with it on issues related to statelessness and birth registration. However, once violence escalated in the Rakhine state, this partnership fell apart and now any discussion related to the Rohingya crisis and on resolving their citizenship status has become highly politicized and sensitive. As for possible regional responses on behalf of ASEAN, Mr. Vargas recommended that all memberstates must come together to facilitate constructive dialogue. Looking at the issue from an economic perspective combined with humanitarian response may also be the most fitting way in drawing in ASEAN effectively. Mr. Vargas made his closing remarks by citing that the tradition of non-interference seems to be weighing heavier than the Rohingya crisis itself and that only inclusive dialogue within ASEAN can lead to finding a proper resolution. All member-states must come together to facilitate constructive dialogue. Looking at the issue from an economic perspective combined with humanitarian response may also be the most fitting way in drawing in ASEAN effectively. - Mr. Thomas Vargas - 3

SPEAKERS PRESENTATION Mr. Rudi Sukandar If this issue is not properly answered, Mr. Sukandar warned of the possibly of another Galang Island, which housed many Indochinese refugees from 1979 to 1996, and saw conflicts between refugees and local police and people. Some progress has been made though, with the Qatar government donating $49 million to help Indonesia provide shelter for Rohingya refugees. However, with such a hefty donation, questions of accountability and transparency on the part of the Indonesian Government and their use of the donation have risen. Rudi Sukandar - PhD, Senior Advisor, National Violence Monitoring System, The Habibie Center Mr. Rudi Sukandar began his presentation with an anecdote spread by those who supported the violence against the Rohingya wherein supporters condoned the discrimination because they feared becoming like Indonesia, a once Buddhist nation that became a predominantly Muslim country. Conversely, Mr. Sukandar provided evidence that violence occurring in Myanmar had been exported to Indonesia with Islamic extremist groups violently protesting in front of the Burmese Embassy, claiming that they want to go for Islamic Jihad in Myanmar. Moreover, members of such hardline groups have also been arrested for placing bombs in the Burmese Embassy and a Vihara in West Jakarta. Mr. Sukandar then stated that the problem faced today is that Rohingya refugees were rejected by many ASEAN member-states and, so far no extensive and/or integrated way to solve the problem from the Indonesian Government/ASEAN has been seen. Any constructive discussion, however, must pertain to the core issue of Rohingya nationality/citizenship and not what must be done to merely mitigate the migrant issue. In terms of creating a solution, Mr. Sukandar noted that we must reconsider the tradition of non-interference because the Rohingya crisis has become internationalized and the Myanmar government has shown reluctance for mediation. Further, the former Prime Minister of Malaysia, Dr. Mahathir Mohammad had recently come out with a strong statement calling on Myanmar to be expelled from ASEAN for their human rights violations. Mr. Sukandar, though, believes that ASEAN should not follow such a strategy as it would be counterproductive in resolving any security or refugee problems. Moreover, resolving the Rohingya crisis will warrant non-use of force in the settlement of disputes and the pursuit of regional autonomy. He thus recommended that we practice the ASEAN way of musyawarah (consultation) and mufakat (consensus). Any constructive discussion, however, must pertain to the core issue of Rohingya nationality/citizenship and not what must be done to merely mitigate the migrant issue. - Rudi Sukandar - 4

Q&A SESSION necessarily a promise for providing asylum, rather a commitment for proper treatment of refugees. Comment No. 4 (Directed to Amb. Wibisono) Is there a possibility of involving donor countries directly with Myanmar to aid in the developmental disparity? How about a Rakhine Development Fund that helps both the Buddhists and Rohingya in Rakhine State? A. Ibrahim Almuttaqi - Head of ASEAN Studies Program, The Habibie Center, moderates the Q&A session. Comment No. 1 In response to the call to expel Myanmar from ASEAN, getting a consensus on this will show a weakened position on the part of ASEAN in handling the Rohingya migrant crisis. What is the interplay between ASEAN and Australia on the issue? Comment No. 2 Since Qatar has donated $49 million to Indonesia to help shelter refugees, this means that those who flee will be receiving more money than they would if they were to stay in Myanmar. Doesn t this act as an incentive for more people to flee Myanmar? Comment No. 3 (Directed to Mr. Tantowi) Indonesia has planned to give shelter to refugees for one year. What happens after one year? What is next if violence continues? Would we still provide shelter? You also touched on the Convention of Refugees, so instead of blaming Australia for not maintaining its integrity, why doesn t Indonesia just ratify the Convention? Ratification is not H.E. Ambassador Makarim Wibisono This is not the first time the idea of expelling Myanmar from ASEAN has been brought up. However, with a visibly smoother democratic transition in Myanmar under President Thein Sein, punishing Myanmar will only create a reaction and goes against the importance of maintaining the stability of the region. It s more effective to engage Myanmar rather than isolate it. Addressing the issue without engaging Myanmar would mean that we are addressing the side effects of the problem and not it s root cause. If we do not engage the Myanmar government, it will not change the situation regarding the citizenship of the Rohingya. I am in favor of the point raised on how we can engage the Myanmar government. However, the political situation in Myanmar is very sensitive. In five months from now, there will be a national election in Myanmar and those who want to run for office must avoid the issue of the Rohingya because it is a politically divisive issue. So, we must wait until the election is over to really gauge how Myanmar might respond to countries that want to get involved. On the Convention of Refugees, there is still a difference regarding the definition of a refugee and an internally displaced person (IDP). For the Indonesian Government to ratify the Convention, we need a clarification and clear distinction on this. 5

Q&A SESSION Rudi Sukandar There is a consensus about the need to have constructive engagement. However, the idea of ASEAN solving issues happening within Myanmar has not been received well. On the topic of citizenship, a census taken a couple years ago reported that Muslims in Rakhine state were unable to identify themselves as Rohingya, but rather were only given the choice of identifying themselves as a Bengali. This term is seen as derogatory to the Rohingya. The donation from Qatar might backfire because it will act as an incentive for people to come to Indonesia. I believe that this issue must be internationalized. Mr. Tantowi Yahya Expelling Myanmar would not be productive at all. The engagement of only some ASEAN member-states will not be sufficient. All memberstates, and not just those that are transit-states for refugees, must sit together and discuss the issue. On the other hand, Indonesia has become the most important stakeholder on this because if we do not do enough, we will become the destination for refugees. Australia, thought, must show the highest responsibility because they have ratified the Convention for Refugees. In response to donating directly to Myanmar, I believe that the issue must be internationalized before this can happen because the Myanmar government must be willing to open their door to other countries that want to get involved. In response to what Indonesia will do after their one year of shelter policy, the answer is I do not know yet. In fact, when the Government initially made the offer to accept refugees, we had assumed it would only be for three months. However the Vice President announced it was for a one year period which surprised us. Also, my personal opinion is that Indonesia should ratify the Convention on Refugees. Mr. Thomas Vargas The statement on expelling Myanmar is not constructive. With this said, when will the traditions of non-interference and bilateralism no longer come to play? At what point is the threshold to which there can be some level of interference? In response to the ASEAN and Australian interplay, Australia s policy on Operation Sovereign Borders is greatly impacting the region and is very telling about how one single country s actions are not going to stop the boats from coming. Australia may decide unilaterally it will handle the problem this way, but it won t solve the problem. --END-- 6

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PROJECT SUPERVISOR: Rahimah Abdulrahim (Executive Director) Hadi Kuntjara (Deputy Director for Operations) HEAD OF ASEAN STUDIES PROGRAM: A. Ibrahim Almuttaqi RESEARCHERS: Steven Yohanes P. Fina Astriana Wirya Adiwena FINANCE & ADMINISTRATION : Riesta Aldila Layout and Design by Rahma ASEAN Studies Program - The Habibie Center The Habibie Center Building Jl. Kemang Selatan No.98, Jakarta 12560 Tel: 62 21 781 7211 Fax: 62 21 781 7212 Email: thc@habibiecenter.or.id www.habibiecenter.or.id www.thcasean.org facebook.com/habibiecenter @habibiecenter