Name: Fahri Surya Altakwa

ID Number : 016201500011
Class : IRE 6 / 2015

A PAPER FOR FINAL EXAM OF ENGLISH IV

The Rohingyas conflict has been covered extensively in the mass

media since it is violating the human rights. This conflict has resulted in
extreme loss of life, social destruction and displacement of millions of
Rohingyas people. This problem is not the internal problem only but it has
take as a regional problem since Rohingya people have fled to several
ASEAN countries. What makes this problem interested to be explained
because for me, the studies of refugees are important since we live in a
rapidly changing world in which refugees have a significant impact from
the other countries on the economic, political and social agendas of
sovereign states, intergovernmental agencies and civil society groups.
Then, it becomes pertinent asking whether what has been given by ASEAN
as a regional organization and other countries of ASEAN to solve this
problem? Do not too far to the world-class organization such as United
Nations. Let us know first from ASEAN as a regional organization. In here,
the writer would like to use the method of researching whether it comes
from online media such as actual.com, some e-book or PDF, and some
official website such as ASEAN website, asianhistory.com, etc.
In order to answer this question, I will explain several points:
first, I will explain the discrimination that happened in Rohingya. Second, I
will explain the dilemma of ASEAN in facing this problem. Last but not
least, I will explain how ASEAN countries respond this problem. To answer
the third question, my focus only on Indonesia and Malaysia country,
because as a country with Muslim majority, there is something bigger
than the state, namely the people (umat). I will conclude that ASEAN role
is critical point. In the last of my writing, I will explain the conclusion from
my paper.

THE DISCRIMINATION OF ROHINGYAS

Ethnic discrimination against the Rohingya partly has due to their
different status1. Unlike other ethnic groups, Ethnic Rohingyas are not
recognized as citizens by Myanmar government and even illegal
immigrants. The violations committed against ethnic Rohingya, among
others, they were not given a business license; given the high taxes and

1 aktual.com. Etnik Rohingya, GP Ansor: Pemerintah Harus Putuskan

Diplomasi DenganMyanmar. 23 May 2015. http://www.aktual.com/etnik-
rohingya-gp-ansor-pemerintah-harus-putuskan-diplomasi-dengan-
myanmar/ (accessed December 14, 2016).
 Name: Fahri Surya Altakwa
ID Number : 016201500011
Class : IRE 6 / 2015

A PAPER FOR FINAL EXAM OF ENGLISH IV

excessive, if the tax can not afford they need to pay the farmland, ponds,
or whatever property they have confiscated; Special for Ethnic Rohingya
are concentrated in North Rakhine, they needed permission to get out of
the local authority; they also put in concentration camps and exploited as
forced labor; In addition, they are also denied access to education, it is
difficult to obtain marriage licenses, frequent rape of Rohingya women,
and they are often punished without knowing the obvious mistakes and
without trial. The roots of the conflict are their jealousy against the
Rohingya. Rohingya Muslim an ethnic population in decades was
continues to rise. Of course, this led to suspicion and jealousy on the
majority ethnic Rakhine. The existence of the Rohingya is considered to
reduce the economic and land rights, especially in the region of Arakan,
Rakhine at the center of this Muslim ethnic life. The Myanmar government
does not recognize that the Rohingya citizenship because they think it is
not a group of Muslim ethnic groups that already exist in Myanmar before
Burma's independence in 19482. It was reaffirmed by the President of
Myanmar, Thein Sein, in Al Jazeera, July 29, 2012 that Myanmar is not
possible gave citizenship to the Rohingya groups are considered illegal
immigrants and border crossers from Bangladesh it3.

DILEMMA OF ASEAN
Basically, ASEAN has adopted the principles of Human Rights
enforcement by establishing AICHR in 20094. Besides that, it has noted at
ASEAN charter about the development process of ASEAN community in
order to protect the law, human rights and the realization of stability and

2asianhistory.com. Who are the Rohingya? n.d.

http://asianhistory.about.com/od/Asian_History_Terms_N_Q/g/Who-Are-The-
Rohingya.htm (accessed December 14, 2016).

3 Loweinsten, Allard K. Persecution of the Rohingya Muslims. October

2015. https://www.scribd.com/document/287994973/PERSECUTION-OF-
THE-ROHINGYA-MUSLIMS (accessed December 14, 2016).

4 Umar, Ahmad Rizky MArdhatillah. Making ASEAN Works in

Rohingya: A Southeast Asian Perspective. n.d.
http://asc.fisipol.ugm.ac.id/news-making-asean-works/ (accessed
December
14, 2016).
 Name: Fahri Surya Altakwa
ID Number : 016201500011
Class : IRE 6 / 2015

A PAPER FOR FINAL EXAM OF ENGLISH IV

peace in Southeast Asia. The dilemma in Human Rights enforcement in

the scale of region appears because the ASEAN Charter provides the legal
basis for the principle of non-intervention and makes ASEAN does not
have sufficient legitimacy and authority to intervene the conflict and
internal of human rights violations of its member countries. The principle
of non-intervention contained in Article 2 of the ASEAN Charter5:
- Non-interference in the internal affairs of ASEAN Member States.
- Respect for the right of every Member States to leads its national
existence free from external interference, subversion, and
coercion.
Related problems of Rohingya that has ranks of Foreign Ministries of
ASEAN member countries have issued a statement in August 2012 6,
namely:
- Encourage the Myanmar government to continue working with
the United Nations in addressing the humanitarian crisis in
Arakan,
- Declare the seriousness of the regional organization to provide
humanitarian assistance,
- Underlines that promoting national harmony in Myanmar is an
integral part of the democratization process in that country.
R2P doctrine has arisen as response to cases of genocide and
human rights violations that occurred in Rwanda. Three fundamental
principles in the R2P doctrine are7:
- States have the primary responsibility to protect populations
from genocide, war crimes, crimes against humanity and ethnic
cleansing,

5 ASEAN.org. The ASEAN Charter.

http://www.asean.org/archive/publications/ASEAN-Charter.pdf (accessed
December 14, 2016).

6 Wibisono, Adhe Nuansa. ASEAN, Rohingya dan Krisis Kemanusiaan di

Myanmar. n.d.
http://www.academia.edu/4273660/ASEAN_Rohingnya_dan_Krisis_Kemanu
siaan_di_Myanmar (accessed December 14, 2016).

7Rahman, Ian G. Robinson and Iffat S. The Unknown Fate of the Stateless
Rohingya . 2 November 2012. http://oxmofm.com/wp-
content/uploads/2012/11/Robinson-and-Rahman-FINAL.pdf (accessed
December 14, 2016).
 Name: Fahri Surya Altakwa
ID Number : 016201500011
Class : IRE 6 / 2015

A PAPER FOR FINAL EXAM OF ENGLISH IV

- The international community has a responsibility to assist states

in fulfilling their responsibilities,
- The international community must use means of diplomatic,
humanitarian and the other peaceful means to protect
populations from war crimes. If a state fails to protect the
population or becoming perpetrators of war crimes, the
international community must be ready to take tougher action,
including the use of collective force through the UN Security
Council.
Although the R2P doctrine has been adopted by the member
countries of ASEAN, this doctrine has not been accepted in full of Asia
countries and its application has not been done seriously. Particularly in
the case that happened in Myanmar, the principle of non-intervention in
the internal affairs of ASEAN member countries listed in the ASEAN
Charter that has a limit to act the enforcement and protection of human
rights at the regional scale. ASEAN was unable to enforce the law against
the Myanmar government because it has no legal legitimacy regional
scale which has authority over the national law of member states. Despite
these barriers, ASEAN has a mechanism called the ASEAN Regional Forum
(ARF) and the ASEAN Intergovernmental Commission on Human Rights
(AICHR), which is related to and can be used as a mechanism for applying
the principle of Responsibility to Protect8.
HOW ASEAN COUNTRIES RESPOND THIS ISSUE
In this paper, the writer would like to analyze with the respond of
Myanmar neighbour toward this case such as Indonesia and Malaysia. The
writer believes that both countries should be able to take an important
role by ASEAN in advocating on Rohingya case. Today question why both
countries have give a big attention toward the issue? The former of ASEAN
Secretary General, Surin Pitsuwab, mentions that for Muslims and in here
both country as a country with a Muslim majority, there is something
bigger than the state, namely the people (umat).
1. Malaysia9

8 Cook, Alistair. Normative Glocalisation - Can the Responsibility to Protect

transition from a global commitment to local or regional norm in
Southeast Asia? 2011.
http://www.academia.edu/484173/Normative_Glocalisation_Can_the_Respo
nsibility_to_Protect_Doctrine_Transition_from_a_Global_Commitment_to_Lo
cal_or_Regional_Norm_in_Southeast_Asia (accessed December 14, 2016).
 Name: Fahri Surya Altakwa
ID Number : 016201500011
Class : IRE 6 / 2015

A PAPER FOR FINAL EXAM OF ENGLISH IV

Malaysia, geographically and politically, assumes a basic part in the

movement of Rohingya looking for shelter. As per from 2012 until 2013,
there are 17 boats with 3,066 refugees from Rohingya which came to
Malaysia. In that opportunity, Malaysia has used a humanitarian role by
accepting the refugees continuously. Under article 1 of the 1951
Convention relating to the status of refugees, Malaysia has a long history
of giving impermanent shelter to gatherings of displaced people and
shelter seekers.
Malaysia has noted become a largest place for refugees populations
in the world. Starting from 2014, around 146,020 refugees had been
registered by the UNHCR. The assurance environment which has given by
Malaysia for refugees is made more trouble in view of the extensive
number of unpredictable migrants who have entered Malaysia looking for
better financial prospects. So, Malaysia does not differentiated between
refugees and migrants in order they focused more on controlling, removal
and prevention, and less on insurance. For Rohingya, Malaysia is the last
choice for their destination, although there are Indonesia and Australia. As
a part of ASEAN members, Malaysia is a signatory state to the 2012
ASEAN Human Rights Declaration, a non-restricting record which in any
case is an impression of the human rights agreement in the area. Malaysia
is additionally a dynamic individual from local human rights bodies, for the
examples: ASEAN Intergovernmental Commission on Human Rights
(AICHR) and ASEAN Commission on the Promotion and Protection of the
Rights of Women and Children (ACWC).
The numerous human rights infringement, including extended
statelessness, experienced by the Rohingya in Myanmar, Malaysia's
arrangements keeping in mind likewise working aggregately to secure the
Rohingya that powerful The Rohingya are a victimized stateless group,
and the assurance structure in Malaysia has brought about the Rohingya
being evacuees and stateless people and to as needs be secure them has
an as the privilege to work, are regular attentiveness toward most
Rohingya, and dread of Although Malaysia has generally permitted
Rohingya watercraft Despite the human rights challenges in Malaysia,
Rohingya don't confront the stay rights, the privilege to work and get to
social insurance, the privilege to enrol ultimately, the Rohingya in
9 www.equalrightstrust.org. Equal Only in Name: The Human Rights of
Stateless . n.d. http://www.equalrightstrust.org/ertdocumentbank/Equal
%20Only%20in%20Name%20-%20Malaysia%20-%20Full%20Report.pdf
(accessed December 14, 2016).
 Name: Fahri Surya Altakwa
ID Number : 016201500011
Class : IRE 6 / 2015

A PAPER FOR FINAL EXAM OF ENGLISH IV

Malaysia need acknowledgment as individuals from a Rohingya in

Malaysia fundamentally affect the satisfaction in all Malaysia ought to
treat the Rohingya without separation and guarantee their equivalent
access to the insurance and pleasure in human rights.

2. Indonesia
Indonesia is a country that visited by ethnic Rohingya in seeking
asylum. About 900 ethnic Rohingya anchored in Aceh along with 900 other
ethnic Bangladesh10. Not only in Aceh, some other areas such as Makassar
also an area that attended the Rohingya. In the face of these problems,
Indonesia as a country that respects human rights is committed to help
the refugees. This is in accordance with Law No. 39/1999, which explains
that the human is defined as a set of rights attached to the dignity and
human existence as a creature of God Almighty and it is His grace that
must be respected, upheld and protected by the state, law and
government and everyone for the respect and protection of human
dignity.
Indonesia has commits to assist the handling of refugee situations.
The governments take participation in order to handle the cases of asylum
seekers to build a temporary shelter in Lokshuemawe, Aceh Tamiang,
Langsa, and North Aceh. Currently, the Indonesian government is
preparing a draft Presidential Decree associated with the handling of
refugee immigrants in Indonesia11. Within the regulation, one of which will
be governed and delivery mechanism for local government budget
assigned to take care of the refugees immigrants. During the Rohingya
conflict has not been completed, the Indonesian government's
commitment to assist the displaced Rohingya immigrants, in addition to
building a temporary shelter and prepare the regulation on refugees
immigrants, the government also has sought to be a bridge between the
refugees and the government of their home country. The Myanmar
government has agreed to send an envoy to Aceh, one of the areas
occupied while immigrants Rohingya refugees. However, for the exact
time when it will be brought envoy has not yet been determined.

10Raufiana, Dessy. Peran Indonesia dalam Penanganan Imigran Rohingya.

11 December 2015. http://cepp.fisip.ui.ac.id/2015/12/11/peran-indonesia-
dalam-penanganan-imigran-rohingya/#_ftn9 (accessed December 14,
2016).

11 ibid
 Name: Fahri Surya Altakwa
ID Number : 016201500011
Class : IRE 6 / 2015

A PAPER FOR FINAL EXAM OF ENGLISH IV

Indonesia as the largest country in Southeast Asia has an important

role in upholding democracy and human rights in the region. Besides
being one of the founders of ASEAN, Indonesia is also a country that has
proven itself as a democratic state after the events of the Reformation in
1998. In this case there is the broad support of the public, especially from
academics, activists, NGOs and MPs, to the inclusion of democratic values
and democratic agenda projection into the foreign policy of Indonesia.
Entering the start of 2011 Indonesia was elected as chair of ASEAN in
2011 with ASEAN community themes amid the global community of
nations. This has become a big challenge for Indonesia to ASEAN can
make a full contribution in the global world. With this position further
enhance the position of Indonesia in the eyes of the world and can help
Indonesia to uphold human rights and democracy in the region. Indonesia
has a strategic role to mobilize and move ASEAN: in which way and how
the existing problems will be solved by both bilateral and multilateral. So,
Indonesia is responsible for solving the problem, in addition to the welfare
of Myanmar itself well to all ASEAN member countries. Indonesia gets
tough challenges in carrying out this mandate. Indonesia should be able to
make a difference in the process of transition of Myanmar without
violating the principle of ASEAN, namely non-intervention. But, this
change can not be done directly because if done in a confrontational as
practiced by the US and EU, this process of change will be damaged. One
manifestation of Indonesia's efforts in assisting Myanmar to overcome one
of the communal violence in the country was namely the conflict between
ethnic Rohingya ethnic Rakhine. The initial step taken by Indonesia is to
provide assistance in the form of basic commodities worth US $ 1 million
to the Myanmar government related to the Rohingya issue 12. The aid is
intended for the Rohingya refugees in meeting their needs. In addition to
basic needs such assistance also to encourage a sense of trust and
reconciliation between the two ASEAN member countries. The purpose is
to encourage the assistance given the economic wheel in the region.
Besides the government, the help also came from the Red Cross and Red
Crescent in the form of medical personnel and medical equipment.

12 Nurdiani, Mei. Peran Indonesia dalam Penyelesaian Konflik Rohingya.

2015.
http://www.academia.edu/13058677/Peran_Indonesia_dalam_Penyelesaian
_Konflik_Rohingya_-_SKRIPSI_2014 (accessed December 14, 2016).
 Name: Fahri Surya Altakwa
ID Number : 016201500011
Class : IRE 6 / 2015

A PAPER FOR FINAL EXAM OF ENGLISH IV

This step is an initial stage of Indonesia's attention to the problem of

human rights violations in Myanmar. Indonesia's has successes in
providing humanitarian assistance into Myanmar. They belief that
Indonesia would continue to assist the Myanmar overcome the problems
of human rights violations and Myanmar's transition into more democratic
country and protect all citizens.

CONCLUSION
We can not say that the problems of Rohingya are the regional
conflict in Myanmar only, but it has take a part of global issues since
Rohingya refugees have fled to the neighbour country. ASEAN should be
able to build the rule of law over national law in the member countries,
especially Myanmar the issue of human rights protection. In other words,
the national constitution, laws, and regulations, policies, and actions of
the ASEAN member countries can be corrected and disallowed if it is
contrary to the purpose, principles, and policies of ASEAN in law
enforcement and human rights. In the context of the humanitarian crisis
Rohingya their formation ASEAN constitutional court has the authority and
the authority to conduct a review, cancellations, and amendments to
legislation and national policy Myanmar became a very important thing for
the protection of human rights in Southeast Asia. In addition, ASEAN is
expected to be pro-active dialogue with countries bordering Myanmar
such as Bangladesh, India and Thailand and also countries of Muslim
majority, such as Malaysia and Indonesia in finding solutions together
about the fate of hundreds of thousands of Rohingya refugees who have
been displaced from Myanmar and scattered in various countries. ASEAN
should be able to build the rule of law over national law in the member
countries, especially Myanmar the issue of human rights protection.
For both Indonesia and Malaysia country, this issue is not the state
problem only, but it has take the bigger one namely people (umat).
Dilemma of human rights in the region scale arise because the charter
provides the legal basis for the principle of non-intervention that makes
ASEAN does not have sufficient legitimacy and authority to intervene in
the conflict and human rights abuses internal member countries.
 Name: Fahri Surya Altakwa
ID Number : 016201500011
Class : IRE 6 / 2015

A PAPER FOR FINAL EXAM OF ENGLISH IV

BIBLIOGRAPHY

aktual.com. Etnik Rohingya, GP Ansor: Pemerintah Harus Putuskan

Diplomasi Dengan
Myanmar. 23 May 2015.
http://www.aktual.com/etnik-rohingya-gp-ansor-pemerintah-harus-
putuskan-diplomasi-dengan-myanmar/ (accessed December 14,
2016).
ASEAN.org. The ASEAN Charter.
http://www.asean.org/archive/publications/ASEAN-Charter.pdf
(accessed December 14, 2016).
asianhistory.com. Who are the Rohingya? n.d.
http://asianhistory.about.com/od/Asian_History_Terms_N_Q/g/Who-
Are-The-Rohingya.htm (accessed December 14, 2016).
Cook, Alistair. Normative Glocalisation - Can the Responsibility to Protect
transition from a
global commitment to local or regional norm in Southeast Asia?
2011.
http://www.academia.edu/484173/Normative_Glocalisation_Can_the_
Responsibility_to_Protect_Doctrine_Transition_from_a_Global_Commi
 Name: Fahri Surya Altakwa
ID Number : 016201500011
Class : IRE 6 / 2015

A PAPER FOR FINAL EXAM OF ENGLISH IV

tment_to_Local_or_Regional_Norm_in_Southeast_Asia (accessed
December 14, 2016).
Loweinsten, Allard K. Persecution of the Rohingya Muslims. October 2015.
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THE-ROHINGYA-MUSLIMS (accessed December 14, 2016).
Nurdiani, Mei. Peran Indonesia dalam Penyelesaian Konflik Rohingya.
2015.
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esaian_Konflik_Rohingya_-_SKRIPSI_2014 (accessed December 14,
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Rahman, Ian G. Robinson and Iffat S. The Unknown Fate of the Stateless
Rohingya . 2
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Rahman-FINAL.pdf (accessed December 14, 2016).
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penanganan-imigran-rohingya/#_ftn9 (accessed December 14,
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Southeast Asian
Perspective. n.d. http://asc.fisipol.ugm.ac.id/news-making-asean-
works/ (accessed December 14, 2016).
Wibisono, Adhe Nuansa. ASEAN, Rohingya dan Krisis Kemanusiaan di
Myanmar. n.d.
http://www.academia.edu/4273660/ASEAN_Rohingnya_dan_Krisis_Ke
manusiaan_di_Myanmar (accessed December 14, 2016).
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%20in%20Name%20-%20Malaysia%20-%20Full%20Report.pdf
(accessed December 14, 2016).