Peran UN Dalam Melindungi HAM Pada Kaum Etnis Rohingya

The Role of The UN on Protecting Human Rights of The Rohingya

Fannisa Dian Lidyawati ; Khoirun Nisa, MA.POL.
Syarif Hidayatullah State Islamic University Jakarta
Fannisaa06@gmail.com

ABSTRACT

This Article is telling about what is going on with Rohingya and how is the solving of the conflict.
Rohingya’s conflict is a complicated conflict and very sensitive to tell due to religion and ethnic are
the main reason the conflict is happening, in a few countries, religion and ethnic are something
sensitive especially Asian. The complexity from this conflict is start from citizenship of Rohingya, they
are asking about their rights to have the citizenship but a few years later, the conflict become more
complicated because there was murder and rape between Rohingya and Arakan, not only that, due
the conflict of both ethnics, there was a group that call their selves as Islam and did some ‘act’ and
also there was a group that call their selves Buddhist and also did some ‘act’ there. But the fact is,
that groups were not really Islam and Buddhist. Human Rights of Rohingya has been questioned
because Rohingya have no freedom to do ordinary activities just like other ethnics. Government of
Myanmar asking for UN agreement so that Rohingya have their rights as citizenship.
Keyword : Rohingya, UN, Human Rights, Myanmar, UNHCR, Ethnic

ABSTRAK

Artikel ini akan menjelaskan apa yang sebenarnya terjadi terhadap kaum etnis Rohingya dan
bagaimana penyelesaian konflik yang teradi terhadap kaum Rohingya. Konflik Rohingya
merupakan konflik yang kompleks dan cenderung sensitive, hal ini dikarenakan konflik ini
melibatkan suatu etnis dan juga agama yang mana kedua hal tersebut merupakan hal yang
sensitive untuk dibicarakan. Kompleksitas dari konflik ini dikarenakan pada awalnya
permasalahan dari konflik ini adalah permasalahan kewarganegaraan dari Kaum Rohingya
sendiri, namun beberapa tahun kemudian Etnis Rohingya mengalami permasalahan dengan
Etnis Arakan yang mana terdapat pembunuhan dan bahkan pemerkosaan antar kedua etnis
tersebut, hal ini dimanfaatkan oleh Kelompok yang mengatasnamakan Islam untuk
menjalankan aksi, kemudian ada juga suatu kelompok yang mengatasnamakan agam Buddha
sebagai alat untuk menjalankan aksinya juga, maka dari itu permasalahan ini sering kali
diketahui sebagai permasalahan agama. Hak Asasi dari Etnis Rohingya dipertanyakan karena
Etnis ini tidak dapat menjalankan kehidupan sosialnya dengan bebas atau dapat dikatakan
bahwa etnis ini mengalami diskriminasi. Pemerintah Myanmar sudah meminta persetujuan
dari PBB agar Rohingya dapat dinyatakan sebagai Warga Negara sehingga konflik dapat
selesai.
Kata kunci : Rohingya, Perserikatan Bangsa-Bangsa, Hak Asasi Manusia, Myanmar, UNHCR,
Etnis
INTRODUCTION
The conflict that occurred in the
Rohingya can be said to be a prolonged and
complex conflict. This is because the conflict
is not only one but also several conflicts that
have involved the Rohingya. The conflict that
occurred from the beginning has been a lot of
casualties, the initial conflict of the Rohingya
is that Myanmar did not declare the Rohingya
as part of Myanmar because at the beginning
of the problem, the Myanmar government felt
that the Rohingya existed after Myanmar
became independent and therefore they
decided not to consider the Rohingya as part of
them. The Rohingya are therefore considered
stateless.1
The plight of the Rohingya not only
comes to the issue of citizenship, but also the
human rights issues of the Rohingya
themselves are questionable, because the
Rohingya get a lot of discrimination from the
government and also the people of Myanmar
themselves, especially the majority of their
religion are Moslem while in Myanmar the
majority of the people are Buddhist, including
the language used by the Rohingya is a
Chittagonian language which is actually a
derivative of Bangladesh, so it is easy to
recognize the Rohingya ethnic.2 Because of
such contrasting differences in terms of
religion, skin colour to religion, it is very easy
for the government and the people of
Myanmar to discriminate against the
Rohingya, so that the Rohingya are not only an
ethnic who does not have citizenship, but it is
also an ethnicity that has difficulty getting its
rights as a human being, ranging from finding
clothing, food, and board, to health facilities
and educational facilities are very difficult to
obtain.3
1
ADL, “WHO ARE THE ROHINGYA PEOPLE IN
MYANMAR ?” (2018): 1–7.
2
Anna Yulia Hartati, “KONFLIK ETNIS MYANMAR
(STUDI EKSISTENSI ETNIS ROHINGYA DITENGAH
TEKANAN PEMERINTAH )” (2013): 1–43.
3
Gonda Yumitro, “Respon Dunia Internasional
Terhadap Tragedi Kemanusiaan Rohingya,” Jurnal
Sospol 3, no. 2 (2017): 81–100.
In addition, there is also an inter-
ethnic problem, namely Rohingya and
Rakhine, where there is an incident of rape
ethnic Rakhine where 2 out of 3 perpetrators
are from the Rohingya. After the incident
emerged an organization or group defending
the Rohingya, the Arakan Rohingya Salvation
Army (ARSA), which was responsible for the
attack on the police station and killed
Myanmar police. So the Myanmar government
took action to carry out 'clearance operations'
or ARSA clearance operations by killing many
adults and children, rape, shooting, and
burning houses, until the Rohingya were
ordered to cross the river.4 Since then, the
Rohingya and Rakhine ethnic increasingly
heated that makes more and more people of
the Rohingya ethnic trying to get out of
Myanmar even in an illegal way, this is
because the status of citizenship is still biased,
Rohingya ethnic do not have access to exit
Myanmar legally. Some of them went to the
nearest countries such as Malaysia, Indonesia,
Bangladesh, and Thailand using small boats
that were carried by dozens of people.
Although in some countries the Rohingya are
denied existence because of their illegal status,
there are several countries that accept the
Rohingya, one of which is Malaysia which
even makes a place for Children of the
Rohingya to learn and play even with a patch-
up facilities.5
UNCHR has clarified that thousands
of Rohingya are in neighbouring countries to
evacuate to protect themselves from
Myanmar's military clearance operations.6
RESEARCH METHODS
Journal of research on the role of UN
in protecting human rights in the Rohingya
using qualitative descriptive research methods.
4
Achmad Ismail, “Motives and Rivalry of
Superpower Countries: The United States and
China in Rohingya Humanitarian Crisis,” Jurnal
Hubungan Internasional 7, no. 1 (2018).
5
Hartati, “KONFLIK ETNIS MYANMAR (STUDI
EKSISTENSI ETNIS ROHINGYA DITENGAH TEKANAN
PEMERINTAH ).”
6
Ibid.
Data collection as research material whose
sources come from books, journals, and valid
sources related to the Rohingya issue.
DISCUSSION
A. Rohingya Ethnic
The Rohingya are in Rakhine, which
used to be Arakan since 788, and
dominate in northern Rakhine, or
Arakan, in Myanmar. Myanmar itself
is a country in the Southeast Asian
region that has a state, there are 7
(seven) states whose country is a
representation of ethnic names located
in Myanmar. The population is like
Bamar, Burma, Shan, Kayin (Karen),
Kachin, Chin, Mon, and Kayah
(Karenni), Rohingya is an ethnic
minority in Myanmar, especially in
terms of religion, the majority of
Religions in Myanmar are Buddhism
as much as 75%, Christianity and
Islam as much as 20%. The majority
of Rohingya are Muslim.7 The
Rohingya were born from a mixture of
local people with Arabs, thus making
the descendants of diverse Rohingya
ethnic groups, ranging from Arabs,
Moors, Turks, Rakhines, Dutch,
Mughals, Portuguese, to Chakmas.
The first problem that arises is that at
the time of the emergence of a new
policy made by the Government of
Myanmar, the policy is a policy of
Burmanization which recognizes that
there is only Buddhism in Myanmar,
whereas there are other religions in
Myanmar such as Islam and
Christianity. Recognition of an
ethnicity or religion is very important,
because if there is no recognition of a
country, the group or ethnicity will
feel insecure about its existence in the
country. Then, in addition to ethnicity,
religion is important especially in
Asian countries its population is still
7
Yumitro, “Respon Dunia Internasional Terhadap
Tragedi Kemanusiaan Rohingya.”
based on religion in the application of
daily life. Religion can be a conflict,
one of which in the case of the
Rohingya, there is a conflict between
the majority and minority in Rakhine,
namely Islam and Buddhism.8 The
Buddhist community often acts
discriminatory against the Muslim
community, especially the Rohingya,
one of which is the Burmese who
consider that his religion is only
Buddhism and other religions such as
Islam are considered as foreign
religions. In addition, Myanmar also
does not recognize that the Rohingya
are part of Myanmar under the
Myanmar Citizenship Act of 1982
which states that the Rohingya are not
part of Myanmar. Myanmar also stated
that Rohingya are not accepted
because Rohingya only existed after
Myanmar's independence, then
Rohingya are not considered part of
the country, but the fact is that
Rohingya have existed for centuries.
There is one fact that says that the
Rohingya existed long before
Myanmar declared independence,
namely the historian, Jacques P.
Leider which has an 18th century
record owned by someone of English
origin.9 Francis Buchanan-Hamilton
who had mentioned that Muslims in
Arakan already existed at the time
referred to himself as ‘Rooinga’ which
in Arabic means ‘Rahma’ or mercy
and in Pashtun means ‘rongha’ or
peace. The problem is no longer
whether the Rohingya can be said to
be an ethnic or not and whether the
Rohingya are included in the
Myanmar ethnicity or not, but
8
M Angela Merici Siba and Anggi Nurul Qomari’ah,
“Pelanggaran Hak Asasi Manusia Dalam Konflik
Rohingya,” Jurnal Islamic Word and Politics 2, no. 2
(2018): 368–385,
https://journal.umy.ac.id/index.php/jiwp/article/vi
ew/5826.
9
Tairin Hussain, “GV537-6-FY : Development ,
State Building and Conflict Summer Assignment
Statelessness and Rohingya Crisis” (n.d.): 1–19.
 regardless of these problems, the
Rohingya should be considered part of
Myanmar because it existed long
before Myanmar became a country. 10
Not only the unhappiness felt by the
Rohingya, but also the physical
violence experienced by the Rohingya
such as murder, arson, rape
experienced by the Rohingya. The
Government of Myanmar even
supported the action, so darri that
Myanmar has a poor assessment in
terms of Human Rights.11
There is discrimination that
violates human rights, in fact every
human being has their own human
rights, the right to life, the right to
determine beliefs, the right to
determine citizenship, as well as other
rights to life. But the Rohingya do not
get it, ranging from children to adults
have difficulty getting their rights.
Starting from the Rohingya's right to
citizenship, the Myanmar government
does not consider the Rohingya to be
part of Myanmar.12 In addition, ethnic
Rohingya experience limitations in
carrying out activities ranging from
education to health that are very
difficult to access and obtain by ethnic
Rohingya. Not only that, the Rohingya
are also restricted in transport, making
it very difficult to get out of Myanmar.
So very often ethnic Rohingya flee
Myanmar by using small boats to get
to the nearest country.13 Malaysia is
the country with the most Rohingya
refugees. Thus, Malaysia cooperates
with NGOs and other organizations so
that refugees get decent places and
10
Bayu Azhari Ramadhani, “PERAN OHCHR DALAM
MENANGANI KASUS YANG TERJADI PADA ETNIS
ROHINGYA DI MYANMAR PADA TAHUN 2012”
(2014).
11
Yumitro, “Respon Dunia Internasional Terhadap
Tragedi Kemanusiaan Rohingya.”
12
Nurul Qolbi binti Mohd Ngalim, “Konflik Minoriti
Muslim Rohingya Di Myanmar Dan
Penyelesaiannya,” Academia.edu (2013): 5.
13
Universiti Malaysia Sabah, “Faktor Dan Kesan
Penindasan Etnik Rohingya Di Myanmar” (2018).
services.14 However, not all countries
accept the Rohingya openly, there are
some countries that reject the
Rohingya as refugees in their country,
one of them in Bangladesh, where the
Rohingya become and are considered
illegal refugees. Rohingya refugees do
not receive proper facilities in
Bangladesh and some are returned to
Myanmar. While in their own country,
namely Myanmar, the Rohingya are
also an exiled ethnicity. For the
Rohingya who fled by land to a nearby
country, Thailand was rejected by the
country. Then, Indonesia as a neighbor
country of Myanmar is also trying to
help the Rohingya in the areas of
Aceh, Bogor, and Jakarta. However,
Indonesia is not the main destination
of the Rohingya, but Malaysia is the
main destination because in Malaysia
refugees are given freedom and given
a decent salary to survive. In this
regard, it does not mean that Indonesia
does not help refugees, but Indonesia
has not ratified the law related to
refugee freedom in Indonesia where
there are laws or national legal
instruments governing that refugees or
asylum seekers belong to the class of
foreigners in Indonesia based on Law
No. 6 of 2011 on immigration, making
Indonesia has not ratified the 1951
Convention on refugees.15
Meanwhile, the conflict
experienced by the Rohingya and
Myanmar is also prolonged, which
initially Rohingya were not granted
citizenship status by Myanmar and
also the Myanmar government has
declared that Rohingya are not
allowed to move out of Myanmar and
even around Myanmar. Later, the
14
Yumitro, “Respon Dunia Internasional Terhadap
Tragedi Kemanusiaan Rohingya.”
15
M.S. Yahya Sultoni, Setyo Widagdo S.H.,
M.Hum., Herman Suryokumoro S.H., “The Reason
of Indonesia Not Ratified Refugee Convention
1951 And,” no. 6 (2013): 1–14,
http://tinyurl.com/jjcun33 %5Cnwww.unhcr.org.
 conflict continued to become a
conflict between Rakhine and
Rohingya due to the rape of one
Rakhine woman of which two of the
perpetrators were from Rohingya. The
Arakan Rohingya Salvation Army
(ARSA) is considered a threat by the
Myanmar government and the
Myanmar government is taking action
to eradicate the threat by killing many
of the Rohingya. This case is a
prolonged and complicated case. Thus,
becoming the center of attention of the
world community, especially the
human rights issues of the Rohingya
who are not given by the Government
of Myanmar.16
B. Human Rights Violations
Against The Rohingya
Human rights are the rights of every
human being that have existed since
the human being was born. This
human right becomes an important
thing because the increasing human
knowledge will be more aware of
Human Rights. However, the Human
Rights of the Rohingya were forcibly
seized by the Myanmar government
itself which after the Burmanization
policy, the Rohingya have not
received their rights as citizens and
also as people. The burning of houses
in the Rakhine region owned by the
Rohingya, limited access to the
Rohingya within and outside
Myanmar, the elimination of long-
standing Islamic schools that make
many children lose their schools as the
only source of Education and there are
30,000 children of the Rohingya
ethnic deprived of education, the
removal of positions for the Rohingya
who work in the Myanmar
government, the occurrence of
genocide or genocide by carrying out
ethnic cleansing, the murder, rape of
the Rohingya ethnic, not only adults
16
Universitas Muhammadyah Malang, “Rohingya
Myanmar,” no. November 2013 (2016).
who experience violence but also
children who experience violence in
the form of being shot, burned to
death, burned and beaten to death,
mine explosions affected by children
to the restriction of marriage and
having children, the Rohingya are
limited to having only two children is
evidence that there is no human rights
for the Rohingya.17
The Year 2012 was a time
when the Rohingya conflict was at its
peak, with 98 Rohingya killed, 123
injured, and there were reports that
many children were killed, as many as
730 children under the age of 5 in the
first crisis of 2017.18 Then there were
cases of burning houses of 5,338
Rohingya so that many of the
Rohingya do not have a place to live,
causing as many as 75,000 Rohingya
to flee to neighbor countries and
another 1200 Rohingya choose to
remain in Myanmar, precisely in
Rakhine. Because it is so difficult to
leave Myanmar where access to the
Rohingya is very restricted there. The
casualties of this conflict are growing
every year and more and more
refugees from the Rohingya ethnic are
residing in neighbor countries. Not
only Bangladesh and Malaysia are the
arrival of many Rohingya refugees,
but Indonesia is also a country visited
by Rohingya refugees, one of the areas
that the arrival of Rohingya refugees is
Aceh, because Aceh is a very open
area for Rohingya refugees from the
beginning of the conflict. It can be
seen that the conflict is getting bigger
because of the increasing number of
Rohingya refugees.19
In the Rome Statute of the
International Criminal Court 1998,
17
Dwi Pragasa Ananda et al., “Analisa Kasus
Pelanggaran Hak Asasi Manusia Terhadap Muslim
Rohingya Di Myanmar” (2012): 1–4.
18
Uscri, “The Crisis in Myanmar ( Burma )” (2021):
1–13.
19
William J Jones, “Myanmar ’ s Rohingya : Human
Rights Abuses and Systemic Violence” (n.d.).
 human rights violations include crimes
of genocide, war crimes, all forms of
crimes against humanity, and crimes
of aggression.20 Myanmar's numerous
human rights abuses against the
Rohingya make many of the Rohingya
more likely to flee to neighboring
countries and become refugees.
Myanmar has also committed the cruel
crime of genocide. After the
Burmanization policy, the number
from murder, physical violence to
sexual increased. This is because
Myanmar is carrying out ethnic
Cleansing or genocide, which is
deliberately and systematically or
structured in eliminating an ethnic or
group in a country. however, it is very
cruel and violates the Human Rights
of genocide at the Convention on the
Prevention and Punishment of the
Crime of Genocide in 1948, namely
the existence of an action or act that
deliberately destroys and exterminates
all and some groups of nations, races,
ethnicities, and cultures.
C. The role of the UN in
protecting the Human Rights
of the Rohingya
The Rohingya conflict was
only exposed in 2012 which the
international community was shocked
at . later in the same year, the conflict
escalated and the killing and burning
of houses took many lives, the United
Nations and the European Union
strongly condemned the actions taken
by Myanmar. The UN has also given
orders to Myanmar to remove
restrictions on Rohingya activities
because it is wrong. Then, the UN also
gave orders to neighbor countries to
accept the Rohingya who came to
evacuate using small boats whose
cargo is very large. However,
Myanmar did not carry out the orders
20
Siba and Qomari’ah, “Pelanggaran Hak Asasi
Manusia Dalam Konflik Rohingya.”
given by the UN, and the UN was
disappointed by the actions taken by
Myanmar. In addition, Myanmar has
also made a statement that Myanmar
will not grant citizenship to the
Rohingya but provide a solution by
sending the Rohingya to other
countries or staying in Rakhine under
the supervision of the UN. Although
under the supervision of the UN, the
Rohingya who decided to stay in
Rakhine still do not get kebabasan in
their activities so that Myanmar
continues to violate human rights.21
The UN has six principal
organs, namely the General Assembly,
the Security Council, the economic
and Social Council, the Trusteeship
Council, the International Court of
Justice, and the Secretariat headed by
the UN Secretary General and assisted
by international civil Staff to various
countries. One of the problems
experienced by the Rohingya is the
Rohingya who become stateless
persons or people who do not have
citizenship. However, the UN has
established an article of protection for
stateless persons, namely Article 15 of
the United Nations Declaration of
Human Rights which states that
everyone has the right to obtain
citizenship in order to obtain rights
such as the right to education, health,
and employment. UN has a special
body that deals with human rights
issues, namely the Office of the
United Nations High Commissioner
for Human Rights or known as
OHCHR, which has principles to
protect and promote the Human Rights
of the global community, OHCHR
with all the efforts made by this body
to be in accordance with its goals and
principles, one of the cases handled by
OHCHR is human rights violations
committed by the Government of
21
Ramadhani, “PERAN OHCHR DALAM
MENANGANI KASUS YANG TERJADI PADA ETNIS
ROHINGYA DI MYANMAR PADA TAHUN 2012.”
 Myanmar to the Rohingya.22 The
Myanmar government deliberately
restricts all Rohingya activities, killing
and sexual violence against the
Rohingya, which includes human
rights violations. The UN has also
established a humanitarian agency, the
United Nations High Commissioner
for Refugees or UNHCR, which
UNHCR will play a role in reducing
the number of refugees or reducing the
number of stateless persons, and
helping refugees or stateless persons
in their protection to be safe in the
area where stateless persons or
refugees are located.23 Not only
deploying UNHCR for refugees, in
helping to overcome the conflict in
Myanmar, the UN Security Council
confirmed that there are three steps
that must be taken by the Myanmar
government, namely stopping all
military operations in Myanmar,
opening access to all humanitarian
assistance, and repatriating Rohingya
refugees residing in Bangladesh.
UNHCR's role towards the Rohingya
is to ensure that Rohingya refugees get
decent places and decent facilities.
The new role of UNHCR is to work
with Bangladesh, as Bangladesh is a
neighboring country of Myanmar with
many Rohingya refugees coming in.
During the Covid-19 pandemic,
UNHCR and Bangladesh collaborated
to protect Rohingya refugees from
Covid-19 by conducting a series of
Covid-19 Tests and also providing a
place for isolation for Rohingya
refugees exposed to Covid-19. Not
only that, UNHCR also ensures that
the place of Rohingya refugees, both
those who are not exposed to Covid-
19 and those who are exposed to
Covid-19, is safe and free from natural
disasters.24 UNHCR also sent by the
United Nations to come to Myanmar
22
Ibid.
23
Muhammad farhan Aria Wijaya, “PERAN PBB
DALAM KASUS ETNIS ROHINGYA DI MYANMAR” 3,
no. 20180510366 (2019): 1–9.
to observe what is happening there,
UNHCR also facilitates the Rohingya
who are still in Rakhine by providing
informal schools for children,
protecting the rights of the Rohingya.
However, the role of UNHCR is
limited to protecting the rights and
facilitating the temporary Rohingya.
The UNHCR could not take part in the
decision taken by Myanmar that the
Rohingya were not part of Myanmar.25
Not only UNHCR, but the UN
also has other procedures in assisting
this ongoing conflict, namely under
Articles 6 and 8 of the United Nations
Charter of 1945 which states that the
United Nations has the responsibility
to protect a population from the crimes
of genocide and other crimes against
humanity. However, the United
Nations passed only two resolutions in
the process, the first of which was
issued on 12 January 2007, UN
Security Council resolution S/2007/14.
The second resolution was issued on
March 26, 2017, a UN Human Rights
Council resolution on fact-finding
related to the Rohingya conflict in
Rakhine. In opposition to the UN
resolution, China and Russia rejected
the UN Ole resolution and assumed
that the problems experienced in
Myanmar are internal conflicts of the
country, and should be given space to
Myanmar and the conflict area in
order to solve the problems
themselves, said Chinese Ambassador
Wang Guangya. The Russian
Ambassador, Vitaly Churkin, argued
that the issue is better managed by
another UN agency, not the UN
Security Council, but other institutions
such as the World Health Organization
24
Nathya Kyra Aprilianisa, “Peran PBB Dalam
Melindungi Pengungsi Rohingya Di Banglasdesh
Pada Masa Pandemi Covid-19” (2020).
25
Women’s Refugee Commission, “‘It’s Happening
to Our Men as Well’: Sexual Violence Against
Rohingya Men and Boys” (2018),
http://www.womensrefugeecommission.org/resea
rch-resources/its-happening-to-our-men-as-well/.
 (WHO) and specialized agencies that
are engaged in Human Rights. This
happens because China and Russia
have veto power in the United
Nations, other countries that have veto
power besides China and Russia are
the United States, France, England.
China and Russia do not agree if the
internal problems of a country or
domestic problems are interfered with
by the United Nations, in contrast to
the West, namely America and France,
which are strict authoritarian states in
conflict areas and use military
intervention against it. The UN's role
in resolving the conflict in Rakhine
against the Rohingya is insufficient to
resolve the issue because of
differences between security council
members who have veto power.26
C. The Role of Indonesia In
Helping Rohingya
Not only the UN, the United
States, and China are helping in
overcoming the Rohingya conflict
who are fighting for their rights as
their right to allow Myanmar to
recognize that the Rohingya are part of
Myanmar. However, neighbor
countries from Myanmar, especially
Southeast Asia, also participated in the
handling of Rohingya refugees. It is
estimated that there are hundreds of
thousands of Rohingya refugees trying
to get out of Myanmar to neighbor
countries in the Asian region, using
land routes or crossing by boat. At
First Indonesia followed the rules of
Thailand and Malaysia that reject
Rohingya refugees who use boats, but
when Rohingya refugees stranded near
the coast of Aceh with a lack of food
and drink, Indonesia then changed the
rules.27 One of them is Indonesia,
26
Wijaya, “PERAN PBB DALAM KASUS ETNIS
ROHINGYA DI MYANMAR.”
27
Badrus Sholeh, “Indonesia and ASEAN Responses
on Rohingya Refugees” (n.d.).
Indonesia is one of the countries in
Southeast Asia that not only helps
Rohingya refugees but also
participates in approaching Myanmar.
Indonesia is a country that is quite
'soft' in helping the negotiation of
Myanmar against the Rohingya, this is
due to the close relationship between
Myanmar and Indonesia that has been
established for quite a long time,
especially Indonesia once convinced
Myanmar to become a leader in
ASEAN on the condition that
Myanmar should become a more
democratic country.28
Rohingya refugees in
Indonesia are also quite a lot although
Indonesia has not ratified the
agreement on refugees. So that
Rohingya refugees have limited space
in Indonesia. However, Indonesia also
plays a role in Myanmar, especially in
Rakhine, where there are two 20
Indonesian NGOs that have provided
assistance to both Muslims and
Buddhists in Rakhine, so that the
assistance to the two ethnicities makes
the situation between Buddhism and
Islam in Rakhine even better.29
Therefore, the contribution of
Indonesia as a neighbor country that
has good relations with Myanmar in
the Rakhine and Rohingya conflict is
very large. Indonesia has not ratified
the law related to refugee freedom in
Indonesia where there is a law or
national legal instrument that regulates
that refugees or asylum seekers belong
to the class of foreigners in Indonesia
based on Law No. 6 of 2011 on
immigration that regulates foreigners,
28
Fuat Albayumi, Nourma Meysita Hadi, and Djoko
Susilo, “Diplomasi Indonesia Dalam Menyelesaikan
Krisis Pengungsi Rohingya Tahun 2017 Krisis
Pengungsi Rohingya Pada Merupakan Krisis
Kemanusiaan Yang Dialami Oleh Etnis Rohingya
Akibat Konflik Yang Terjadi Di Myanmar . Konflik
Yang Kerap Terjadi Di Myanmar Antara” 1, no. 1
(2018): 114–131.
29
PIARA PAHAM Indonesia, ROHINGYA STATELESS
PEOPLE AND NOWHERE TO GO, n.d.
 then until now Indonesia has not
carried out the advanced stage related
to the 1951 Refugee Convention.30
CONCLUSION
The Rohingya are in Rakhine, which
used to be Arakan since 788 ad, and dominate
in northern Rakhine, or Arakan, in Myanmar.
The conflict that occurred in the Rohingya can
be said to be a prolonged and complex
conflict. This is because the conflict is not
only one but also several conflicts that have
involved the Rohingya. The conflict that
occurred from the beginning has been a lot of
casualties, the initial conflict of the Rohingya
is that Myanmar did not declare the Rohingya
as part of Myanmar because at the beginning
of the problem, the Myanmar government felt
that the Rohingya existed after Myanmar
became independent and therefore they
decided not to consider the Rohingya as part of
them. The human rights of the Rohingya are
forcibly seized by the Myanmar government
itself which after the Burmanization policy,
the Rohingya have not received their rights as
citizens and also as people. The burning of
houses in Rohingya-owned Rakhine, limited
access to Rohingya inside and outside
Myanmar, and the removal of long-standing
Islamic schools have deprived many children
of their schools as their only source of
Education. The UN has a special body that
deals with human rights issues, the OHCHR.
One of the cases handled by the OHCHR is
human rights violations committed by the
Myanmar government to the Rohingya. Then,
another UN agency, UNHCR, will play a role
in reducing the number of refugees or reducing
the number of stateless persons, and helping
refugees or stateless persons in their protection
to be safe in the area where the stateless
persons or refugees are located. Not only
deploying UNHCR for refugees, in helping to
overcome the conflict in Myanmar, the UN
Security Council confirmed that there are three
30
Yahya Sultoni, Setyo Widagdo S.H., M.Hum.,
Herman Suryokumoro S.H., “The Reason of
Indonesia Not Ratified Refugee Convention 1951
And.”
steps that must be taken by the Myanmar
government, namely stopping all military
operations in Myanmar, opening access to all
humanitarian assistance, and repatriating
Rohingya refugees residing in Bangladesh.
Neighbor Myanmar countries are also taking
part in helping the ongoing conflict as well as
helping Rohingya refugees, such as Indonesia,
Malaysia, Brunei, and Thailand.
ACKNOWLEDGMENT
I sincerely would like to express my gratitude
to Mr. Badrus Soleh, Ph.D. The associate
professor in International Relations Syarif
Hidayatullah State Islamic University Jakarta
and Mrs. Khoirun Nisa, M.P.S. The Lector
300. For their Consultative Assistance.
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Author 1
Fannisa Dian Lidyawati. Student of
International Relations Studies, Faculty of
Social and Political Sciences, State Islamic
University Syarif Hidayatullah Jakarta.
Author 2
Khoirun Nisa, M.P.S. The Lector 300,
Department of International Relations, Faculty
of social and Political Sciences, State Islamic
University Syarif Hidayatullah.