Reconciling Refugee Protection and Sovereignty in ASEAN Member States: Law and Policy Related to Refugee in Indonesia, Malaysia and Thailand

the Central European Journal of International and Security Studies (CEJISS) Vol. 12, Issue: 4, 2018

13 Pages Posted: 29 Jan 2019

See all articles by Bilal Dewansyah

Bilal Dewansyah

Faculty of Law Universitas Padjadjaran (UNPAD)

Irawati Handayani

Faculty of Law, Universitas Padjadjaran

Date Written: April 2018

Abstract

Most of Association of Southeast Asian Nations (ASEAN) member countries perceive themselves as non-immigrant nations. It means that most ASEAN countries are not the destination for immigrants to settle. This approach also appears when they responded to the massive influx of the refugee in the Southeast Asia region. In absence of ASEAN regional mechanism on refugee protection (which means covered all stage of treatment for refugee), a few ASEAN member countries - Indonesia, Thailand and Malaysia -, have the valuable efforts and experiences in term of refugee handling and reception, based on their domestic law and national policy, for instance in Indo-Chinese refugees’ crisis in late 1980s until 1990s, and also Rohingya “boat people” crisis in 2015. This article discusses the legal efforts undertaken by the three ASEAN countries to reconcile their sovereignty in protecting refugees who enter their territories through law and policy. In addition, this article also elaborates on the extent to which laws and policies contribute to refugee protection in Southeast Asia.

Keywords: Refugee Protection, Sovereignty, Indonesia, Malaysia, Thailand, ASEAN

JEL Classification: K33, K37

Suggested Citation

Dewansyah, Bilal and Handayani, Irawati, Reconciling Refugee Protection and Sovereignty in ASEAN Member States: Law and Policy Related to Refugee in Indonesia, Malaysia and Thailand (April 2018). the Central European Journal of International and Security Studies (CEJISS) Vol. 12, Issue: 4, 2018. Available at SSRN: https://ssrn.com/abstract=3308116

Bilal Dewansyah (Contact Author)

Faculty of Law Universitas Padjadjaran (UNPAD) ( email )

Jalan Dipati Ukur No. 35
Bandung, 40132
Indonesia

Irawati Handayani

Faculty of Law, Universitas Padjadjaran ( email )

Jalan Dipati Measure No. 35
Bandung, 40132
Indonesia

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