Atika Yuanita Paraswaty

Between 2013 and 2023, the number of refugees entering Indonesia has kept increasing significantly, causing many social conflicts with Indonesian citizens, misinformation and discrimination of essential human rights. Atika has created a legal aid system that allows refugees to access legal protection and defend their rights as humans.

Indonesia is one of the top three destinations in Southeast Asia for refugees. In 2024, more than 12,000 refugees live in different provinces of Indonesia. However, Indonesia is a transit country for refugees and has not ratified the 1951 Refugees Convention, so it doesn’t qualify for refugees' status determination (RSD) and depends on UNHCR for the role. While waiting for the RSD process, thousands of refugees are at risk of discrimination and triggering social conflicts with Indonesian citizens. Seeing that refugees had no support beyond access to food and housing, Atika designed a legal aid system for refugees to advocate for their rights and help them prepare for the refugee status determination process. Suaka was created as a legal support for refugees and grew into a network of voluntary civil society consisting of individuals and organizations that are committed to the issue.

Since 2012, SUAKA has been providing critical legal aid to over 10,000 refugees. Given the sheer number of refugees and the limited resources available, Suaka created paralegal training to empower selected refugees to provide support to their peers. The community paralegals provide legal support and become key leaders in the refugee camps, representing the refugees in advocating their rights, demonstrating leadership skills, and becoming the “social glue” within the community. SUAKA has already trained 53 paralegals, working closely with them and is bringing them into strategic discussions with international organizations and government institutions to advocate for their rights.

The refugee issue is not a popular issue in Indonesia. Government institutions, local citizens, and the media often misinterpret it because of a lack of knowledge and context, and misinformation is making it worse. In 2016, SUAKA successfully convinced the media to change the terminology of “illegal immigrants” to “refugees” in every release and news published by the media. SUAKA also actively contributes to combating misinformation about refugee topics that went viral on social media andf counters all negative narratives about refugees. Even though the issue has not yet become a popular issue in Indonesia, it successfully increases the awareness of the university ecosystem (University Students, lecturers, and researchers), experts, and government institutions. Universities started to conduct public workshops about refugees, university students are researching the issue, and experts from different backgrounds are asking to volunteer at SUAKA. SUAKA is also recognized by the Indonesian Government and has already engaged in a series of discussions with the Coordinating Ministry for Political, Legal, and Security Affairs, the Executive Office of the President of Indonesia, the Ministry of Law and Human Rights, and the Jakarta Provincial Government leading to the involvement of SUAKA in providing inputs for revision of Presidential Decree no 125 of 2016 about refugee handling.

According to Statista and UNHCR, the number of refugees in Indonesia has kept growing in the past ten years, from only 3,000 in 2013 to more than 12,000 people in 2023. Most of them are from Afghanistan, while others are from Somalia and Myanmar. Indonesia has not ratified the 1951 Convention on the Status of Refugees (Refugees Convention) or the 1967 Protocol. This means Indonesia does not provide a path to local integration for refugees and Indonesia cannot decide the refugee status determination (RSD). Indonesia declared itself as a transit country in 2019 which means the Government of Indonesia allows them to stay while they have current registration documents from the Office of the United Nations High Commissioner for Refugees (UNHCR), waiting to be resettled in the third countries (i.e., the country that accepts refugees to become citizens or permanent residents).

There are several international organizations that support the refugees with humanitarian aid, such as medical, housing support, financial, and education. However, a gap in services remains as refugees also need legal aid assistance to promote their rights while living in Indonesia and to assist their refugee status determination and resettlement process.

Currently, more than 6,000 refugees, or half of the total number in Indonesia, are staying in Jakarta. But, as the conflict in Rakhine state in Myanmar continues, some Rohingya people are found in Aceh, Medan, Batam, and Pekanbaru on Sumatera Island in Indonesia. This situation creates mixed reactions among the local people. Some of them want to help, and some of them feel threatened by the refugees, which leads to discrimination and conflict between the two communities. In Java, there is a growing number of refugees in Tangerang, Surabaya, and Cisarua. These circumstances show potential conflicts will appear in other places across Indonesia without legal certainty for the refugees. Hence, legal aid for refugees will be even more needed. It also needs cooperation among stakeholders at the national and local levels.

Media plays a significant role in shaping public opinion. Negative coverage or sensationalized stories about refugees can perpetuate stereotypes and misconceptions. Media outlets may focus on isolated incidents or portray refugees in a negative light, contributing to fear and distrust among the local population. A study by the Mixed Migration Centre in 2021 found over half of surveyed refugees in Indonesia reported experiencing discrimination, with men being more likely to encounter it than women. This can manifest in various ways, from difficulties finding employment due to their refugee status to social exclusion and prejudice. In some cases, there may be perceptions that refugees pose economic threats to local communities. Concerns about competition for jobs, resources, and public services can lead to resentment and hostility towards refugees. Misinformation or lack of understanding about the refugee situation can also fuel negative attitudes. Many people may not fully grasp the reasons why individuals become refugees or the challenges they face in seeking asylum.

When Atika had a chance to work as an assistant public attorney at Jakarta Legal Aid in 2012, she experienced working with marginalized communities such as LGBTQ+ communities, women, children, and refugees. At that time, the number of refugees in Indonesia suddenly rose to 2,989 because of the conflict that happened in Myanmar, Afghanistan, and Somalia, and Atika had the opportunity to provide legal assistance to the refugees. The experience of interacting with refugees opened Atika’s eyes to the vulnerability of refugees’ situation. It inspired her and her co-worker at Jakarta Legal Aid to co-found SUAKA as an independent organization that provides legal aid to refugees and asylum seekers and promotes the issue in Indonesia. Atika realized that the refugee issue was not popular in Indonesia and it needed a strong network to bring up the issue in the wider community, Atika used her lawyer and human rights activist background to convince three key organizations, Jakarta Legal Aid Foundation (LBH Jakarta), Jesuit Refugee Service Indonesia, and Human Rights Working Group (HRWG), as a SUAKA partner. Through these partner networks, SUAKA can reach refugees and asylum-seeker communities and promote legal aid programs for them. In addition, These partners successfully helped SUAKA reach UNHCR and IOM, two international organizations that handle refugees in Indonesia. Since then, SUAKA actively advocates for UNHCR and IOM to open a space for hearing, sharing sessions, and refugee involvement in their program.

After Atika successfully gathered strong partners in SUAKA, she continued to provide legal assistance for the refugees. As time passed, the refugee community started to trust SUAKA and share their experiences with other refugee communities. In 2013, Atika then expanded the work of SUAKA to advocate the issue to the government. Atika actively shared the data with the government and provided policy recommendations to the government. In 2015, SUAKA finally had access to give inputs in drafting the Presidential Decree no 125 of 2016 about handling refugees. This decree was an emergency response when many Rohingya refugees entered Indonesia in Aceh and got massive attention from the society. This was the entry point for SUAKA to engage the special task force that handled the refugee issue in Indonesia, such as the Coordinating Ministry for Political, Legal, and Security Affairs, the Executive Office of the President of Indonesia, and the Ministry of Law and Human Rights. The Presidential Decree of 2016 used the terminology “refugee” instead of “Illegal immigrant,” which showed the recognition from the government and, at the same time, sent a clear message to the public that these people are not illegal immigrants; they are refugees, and their rights need to be protected. SUAKA then strengthened its engagement with the special task force in Indonesia for the bargaining position of SUAKA with IOM and UNHCR, making them more cooperative in providing crucial information about the refugee status in Indonesia, which previously was difficult for SUAKA.

Atika also used the momentum of Presidential Decree no 125 of 2016 to counter all negative narratives about refugees and asylum seekers in Indonesia. Indonesian citizens perceive refugees as a threat, and much misinformation even makes the citizens feel insecure. Local people in several islands started to reject the refugees, and some citizens even used violence against the refugee community. SUAKA actively engages the press and journalists to counter misinformation by providing releases and access to SUAKA research and data collection on refugee issues in Indonesia as a way to educate the press to understand the refugee issue more comprehensively. Not only was the press willing to change the terminology of “Illegal Immigrant” to “refugee” in every publication, but the press also started to show interest in visiting refugee locations and writing stories to educate society.

Another intervention is Atika actively joining the Human Rights Organization Network and event to approach various CSOs and NGOs to fight for refugee rights issues in Indonesia. As a result, the network created information sessions as a space to learn about the issue and explore what kind of program can be integrated to address refugee issues. One crucial milestone is the refugees being categorized as a vulnerable group by the Jakarta Provincial Government, so there must be concrete action in handling the issue. This was the result of collective work from the Human Rights Organization Network and SUAKA.

Due to limited funding and human resources, Atika must think creatively to keep up with the refugee issue. SUAKA then became a legal entity in 2018. Atika set up SUAKA as an association and a network of voluntary societies consisting of individuals and organizations that share the interest in protecting the human rights of refugees and asylum seekers in Indonesia and promoting the issue to wider communities. SUAKA recruited experts as volunteers, some of whom have certified legal advocates handling cases. SUAKA created the Rights and Empowerment Program for refugees to become independent and understand Indonesian law and regulation better. SUAKA created Self-Help Kits for refugees as basic knowledge on how to write statements for RSD interviews with UNHCR, prepare the interview, know which organization works with refugees, and other important information. In addition, SUAKA selects key leaders in the refugee community to join paralegal training, enabling them to have better knowledge of Indonesian law and provide legal assistance for the community without relying fully on SUAKA. SUAKA has trained 53 paralegals who support SUAKA in providing legal information for RSD and how to give and monitor an emergency response. The program also unleashes the leadership potential of these paralegals as SUAKA involves them in many public events so they can speak up and address refugee issues such as access to healthcare, education and resettlement status, and other issues in the community to UNHCR and IOM representatives, government representatives, embassies, local CSO & NGO, and public audiences. The refugees are willing to speak up because SUAKA ensures they have a safe space.

Atika successfully positioned SUAKA as independent and does not work under UNHCR, IOM, Immigration Police, or the Government. Many paralegals in the community successfully got resettlement because the third country saw them as high-quality individuals who can contribute to the country. It also stimulates other refugees to be empowered and productive, so they have a better chance to get resettlement status. In 2024, SUAKA will expand the training to more refugees in different provinces in Indonesia because the demand is already increasing. In terms of policy advocacy, SUAKA has been contributing to providing inputs for the revision of Presidential Decree no 125 of 2016 through the Coordinating Ministry for Political, Legal, and Security Affairs. SUAKA provides sixteen crucial points within the presidential decree, including the definition and timeframe of the emergency period, the ideal timeframe for emergency response for refugees, planning & budgeting, data integration and measurement, recommendations on access to education, healthcare, and empowerment, and others.

Atika realizes that the next big challenge for SUAKA in the future is mainstreaming the refugee issue to a wider community in Indonesia. Then, Atika started engaging university students across Indonesia by providing basic training about law and refugees, sharing experiences supporting refugee rights, and educating the students about their role in the issue. In addition, Atika also partners with universities to actively speak in ASEAN refugee-related forums as in 2023, Suaka and Atmajaya University Jakarta hosted the session about Advocating Statelessness in Southeast Asia as part of implementing the 2023 ASEAN People’s Forum (APF) in Indonesia. Atika also encourages lecturers and university professors to create original research about refugees in Indonesia, which, until now, only foreign people who did this kind of research. The research will be crucial for formulating policies about refugee issues in the future.

In addition, Atika realizes that to get more support for the issue, SUAKA should represent Indonesia as an organization that focuses on refugees in international forums and share the current refugee issue with international organizations. SUAKA has been actively involved in regional forums in ASEAN and Asia-Pacific and joined as a member of the Asia Pacific Refugee Rights Network (APRRN), ASEAN Intergovernmental Commission on Human Rights (AICHR), Statlessness and Dignified Citizenship Coalition Asia Pacific and NAMATI. SUAKA also offers to pledge with the Public Interest Lawyer Network (PILNet) in the Global Refugee Forum 2023 (GRF). The 2023 GRF Legal Community Pledge is a multi-stakeholder pledging initiative that aims to unite the legal community around a shared goal of working with refugees and other forcibly displaced people to advance their access to rights, justice and lasting solutions to their displacement.

As a young child, Atika enjoyed outdoor activities, meeting people, exploring new things, and writing them down in a journal. She became the scout leader at her school in junior high and high school; Atika was part of the flag-raising team (PASKIBRA) in her school and became the organization's president. As a young leader, Atika learned about leadership, discipline, time management, and being a good mentor for younger students. Atika also got the opportunity to become a flag raiser for the Indonesia Independence Day ceremony, which was an enjoyable and unforgettable experience.

Atika has a deep interest in issues related to citizenship and minority issues, which led her to pursue a bachelor’s and master's degree in law. After graduating, she worked as an assistant public attorney at the Jakarta Legal Aid Institute (LBH Jakarta). She firsthand witnessed numerous injustices faced by vulnerable communities such as women, children, LGBTQ+, and poverty-stricken people. When Atika began dealing with refugees, she realized the severe struggles they faced with discrimination and the life-threatening risks they endured just to be accepted in another country. Atika and a colleague at LBH Jakarta co-founded SUAKA as an organization focused on providing legal assistance to refugees and advocating for their rights, reminding people that refugees are also humans with fundamental human rights that must be defended.