Keterbukaan Informasi Waktu Tunggu Bagi Pengungsi untuk Menuju ke Negara Ketiga sebagai Bentuk Perlindungan Hak Asasi Manusia

Abstract

The waiting time for refugees in Indonesia in the process of moving to a third country has become an urgent issue that needs to be resolved. This study aims to answer the following questions: (1) How does the legal framework of the 1951 UN Convention Relating to the Status of Refugees, supported by the Global Compact on Refugees, address the issue of waiting times for refugees in Indonesia to move to Australia and Canada as third countries?; (2) How urgent is the legal protection of human rights for refugees in Indonesia regarding transparent and predictable information on waiting times for relocation to third countries based on international human rights law principles?; and (3) How certain is the legal obligation of the UNHCR based on the 1950 UNHCR Statute after the Global Compact on Refugees regarding the protection of human rights of refugees in Indonesia in the absence of explicit responsibility of the UNHCR based on the 1950 UNHCR Statute to provide transparency of waiting time information for travel to third countries? This study uses a normative legal research method with a literature review technique supported by field studies. The results of this study show that: (1) there is potential for providing predictable waiting time information to refugees in Indonesia based on the pledge from Australia and Canada as third countries hosting refugees, which has been internalized into their national policies; (2) refugees have the right to information regarding the additional admission pathways of Australia and Canada as third countries in order to protect their human rights; and (3) UNHCR has an obligation to provide transparent and predictable information on waiting time for refugees in Indonesia to travel to third countries.