ADSP Op Ed: Bali Process must be fulfilled to protect Rohingya refugees
In the past two years, there has been a precipitous rise in the number of Rohingya refugees making the decision to undertake dangerous land and sea journeys in search of safety and protection. Recent arrivals to Aceh throughout November, who are in urgent need of shelter, nutrition and medical assistance, were initially pushed back to sea and are facing an increasingly unwelcome reception from local government and communities.
An estimated 5,852 people embarked on irregular maritime journeys from January 2022 to October 2023, of which almost 45 percent are women and children. The Bali Process, co-chaired by Indonesia and Australia, and with a mandate to address irregular migration in the region, has so far failed to play an effective role.
The continued deterioration of conditions in Bangladesh and Myanmar has driven this rise in irregular movement. Declining security conditions on both sides of the border, limited livelihood opportunities, and reduced food rations in Bangladesh due to funding shortages have all but exhausted existing coping strategies and are compelling the Rohingyas to resort to the decision to take unsafe sea voyages in search of a better life elsewhere in the region. This is well-known to place them at risk of human trafficking and other forms of exploitation.
The response from regional countries to these movements, however, has been ad hoc, inconsistent, and dominated by national security concerns. Receiving countries in the region have repeatedly refused to allow disembarkation and abide by their maritime obligations under international law, providing distressed vessels with only a minimal provision of safety and protection measures and frequently engaging in a policy of pushbacks at sea that denies refugees access to life-saving assistance.
This was especially evident in the deadly 2022-2023 maritime season, in which slow and disjointed responses by regional governments exacerbated by poor communication and minimal coordination between relevant officials led to an alarming rise in the death toll to 573 people since January 2022. Unless new policy measures are put in place this will continue to lead to the tragic loss of life and reputational harm for countries in the region.
To effectively respond to this anticipated increase in maritime arrivals over the next three months, coordinated regional action is urgently needed. Failing to do so will continue to have fatal consequences for refugees and migrants. This was affirmed by regional governments in the 2016 Bali Declaration, which states, “the transnational nature of irregular migration requires a comprehensive regional approach, based on the principles of burden sharing and collective responsibility.”
However, appeals for regional cooperation on irregular migration have not been sufficiently translated into substantive action. The Bali Process, established in 2002 to facilitate regional and multilateral dialogue and engagement on irregular migration in the Asia Pacific region, has not been able to generate coordinated regional responses to emergency maritime issues and situations despite being poised to do so due to its broad membership including source, transit and destination countries, and key international organizations.
The activation of the Bali Process Consultation Mechanism in February 2023 at the Eighth Bali Process Ministerial Conference was a welcome development and seemed to be an indication of greater commitment to actualising necessary regional coordination. Disappointingly, however, nine months have passed since its activation and no clear pathway forward has yet emerged.
Under the auspices of Bali Process co-chairs Australia and Indonesia, it is imperative that the Bali Process Mechanisms established following the failed response to the 2015 Andaman Sea crisis are reinvigorated and mobilised to better protect refugees from the smuggling and human trafficking risks they face.
The Consultation Mechanism should be used to facilitate and support the development of policies and standing operating procedures that will harmonise search and rescue efforts and ensure equitable disembarkation arrangements for refugees stranded at sea and in need of protection. This should be complemented by efforts to support regional states to adopt alternatives to detention policies and establish family reunification options for rescued refugees and migrants.
A comprehensive approach such as this would enable the region to work together on solutions and allow for more predictable and humane responses in future.
The mandate of the Bali Process Task Force for Planning and Preparedness (TFPP), established in 2016 to support the consultation mechanism by developing early warning capabilities and to coordinate collective action in response to large influxes, should also be revisited to ensure that it is adequately resourced and fit-for-purpose.
To remain relevant, the TFPP should take steps to establish clear and efficient inter-government communication channels, improve information sharing and mapping of movements and displacement hotspots, and ensure landing procedures and reception centres are safe and humane. In addition, the TFPP should support coordinated information campaigns to provide Rohingya with a more informed understanding of the risks, conditions and uncertainties of irregular maritime journeys.
The 2023 Global Refugee Forum, which includes a multi-stakeholder pledge on expanding solutions and resilience for Rohingya refugees and multi-stakeholder pledges on combatting trafficking and developing comprehensive responses to ensure protection at sea, is an opportune moment for members of the Bali Process to indicate their desire for and commitment to the protection of Rohingya refugees in South and Southeast Asia.
Bali Process commitments for improved regional coordination would be amplified by the longer-term prevention measures included in the multi-stakeholder pledge to expand access to durable solutions. These should encompass efforts to address the factors in host countries that are sustaining the ongoing smuggling and trafficking of Rohingya, including violence, insecurity, a lack of legal status and a lack of access to basic rights including education, health care and livelihoods.
To avoid a repeat of the tragic loss of life of thousands of Rohingya refugees at sea, it is critical that the Bali Process fulfills its promise to prevent, or at least coordinate effective responses to, maritime emergencies. Implementing a proactive and principled regional response to irregular maritime movement will not only save lives and preserve human dignity, but also contribute to regional stability and prosperity.
The Bali Process – a unique mechanism both for its geographic remit, membership composition and thematic areas of focus – has the potential to deliver significant protection improvements in the region for one of the world’s most vulnerable populations.
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Paul Vernon is a regional specialist for the Asia Displacement Solutions Platform (ADSP) based in Dhaka, Bangladesh.
This article was published in the Jakarta Post: https://www.thejakartapost.com/opinion/2023/11/30/bali-process-must-be-fulfilled-to-protect-rohingya-refugees.html.