Protection of Refugees and Displaced Persons in the Asia Pacific Region (Law, Ethics and Governance) by Angus Francis & Rowena Maguire

Author:Angus Francis & Rowena Maguire
Language: eng
Format: mobi
Publisher: Ashgate
Published: 2013-09-27T16:00:00+00:00

Indonesian Government’s Administrative Regulations

Circular Letter of the Prime Minister No. 11/R.I./1956 on Political Fugitives Considered to be the first regulation about asylum seekers, the Circular29 refers to refugees, although it does not define the term. There was no clarity on the background and purpose of issuing the letter, but the author could assume the reason was because at that time, political fugitives from several countries had relocated to Indonesia. Those political fugitives went to Indonesia because of Indonesia’s support for freedom fighters in their own country. One of the freedom fighters was Lakhdar Brahimi, Algeria’s ex-Minister of Foreign Affairs and Senior Diplomat of United Nations and a head of the mission of Front de Liberation Nationale (FLN) office in Jakarta from 1956 until 1961. The Indonesian government granted these political fugitives protection and support after the government held the Asia Africa Conference 1955 in Bandung.30

The Circular was released on 7 September 1956 by Prime Minister Ali Sostroamidjojo to give protection to political fugitives entering Indonesian territory. The provisions set forth in the Circular were merely meant to be guidelines and were issued under a circular, which is only an administrative instrument.

The promotion and observance of the most basic principles of international refugee law in the national plan was significant. Such principles were evident in the following parts of the Circular:31

1. Article I stated:

‘ … political fugitives who enter or find themselves in the Indonesian territory will be granted protection on the basis of human rights and fundamental freedoms in accordance with international customary law.’

It was further stated that such a stance conformed to the relevant provisions on human rights and fundamental freedoms in the 1950 Provisional Constitution of the Republic of Indonesia and Article 14 of the Universal Declaration of Human Rights 1948.

2. Article 2 defines ‘political fugitives’ as foreigners who enter Indonesian territory having committed a political crime. The explanation of this article emphasizes the concept reflected in this article that political fugitives refers to foreigners, not Indonesian citizens. The explanation of this article further states that foreigners who are considered as political fugitives are foreigners who, according to the legal system of a given country, have committed a crime either for political reasons or by opposing the state system of that country. Such acts may be committed either outside or within Indonesian territory.

3. Article 3 defines ‘political crimes’ as crimes committed for political reasons or objectives, including attempts to commit or assistance in the commission of such crimes. The explanation of this article further states that the important element which determines whether a crime may be called a political crime is the person’s reasons or objectives for committing the crime. This article and its explanation imply that perpetrators of ordinary crimes shall not be accorded protection and constitutes what is known as an ‘Exclusion Clause’ under the Statute of the Office of the United Nations High Commissioner for Refugees32 and the Refugee Convention.33

4. Article 4 stipulates that political fugitives who enter and find themselves in Indonesian territory shall

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