Indonesia

Not Available

Immigration detainees

2019

982

Detained children

2017

1,108

New asylum applications

2019

10,287

Refugees

2019

353,135

International migrants

2019

Overview

(January 2016) Described by the International Organisation for Migration (IOM) as “a key transit country for irregular migrant movements,” Indonesia has dozens of immigration detention facilities, many of which have been denounced for their terrible conditions. The growth of Indonesia’s detention capacities has been largely driven by the policies and practices of Australia, with assistance provided by the IOM.

Types of facilities used for migration-related detention
Administrative Ad Hoc Criminal Unknown

25 June 2020

A Fishing Boat Carrying Dozens of Rohingya Refugees is Rescued in the Waters of North Aceh on 24 June 2020, (Nova Wahyudi, Antara,
A Fishing Boat Carrying Dozens of Rohingya Refugees is Rescued in the Waters of North Aceh on 24 June 2020, (Nova Wahyudi, Antara, "Amnesty Urges Indonesia to Protect Rohingya Stranded in Aceh Waters," The Jakarta Post, 25 June 2020, https://www.thejakartapost.com/news/2020/06/25/amnesty-urges-indonesia-to-protect-rohingya-stranded-in-aceh-waters.html)

Amnesty International reported (24 June) that a boat carrying 94 Rohingya refugees was stranded in waters just off Aceh. In a statement, the rights group urged the Indonesian authorities to ensure the group’s rescue, disembarkation, and protection. As the Executive Director of Amnesty International Indonesia said, “In the time of COVID-19, we urge all countries in the region to ensure the wellbeing of refugees and not to send them back to the sea. Under international law, all countries have the obligation to protect and rescue people at risk of serious harm.” However, the Indonesian government stated that the group would be pushed back once their broken vessel is fixed. In videos shared by the Asia Pacific Refugee RIghts Network (APRRN), locals can be seen demonstrating, urging the Indonesian government to alter its policy and allow the stranded women, children, and men to disembark. Reports subsequently suggested that the local community had helped the group of refugees to land. (Numerous other countries in the Asia-Pacific region have refused to rescue Rohingya boats during the pandemic, including Malaysia and Thailand. See our updates on this platform)

Although Indonesia recognised refugees and asylum seekers as a vulnerable group during the pandemic, authorities have reportedly not conducted any practical actions to protect such communities. According to ARPPN, refugees have not been provided with protective equipment such as masks and hand sanitiser, despite many continuing to live in overcrowded and cramped apartments (see 4 April update). Information about the virus was also not delivered to refugees by the government in a language they could understand—authorities have instead relied upon NGOs to translate and relay crucial health information during the crisis. Undocumented migrants, meanwhile, many of whom have previously faced rejections from hospitals, remain unwilling to access treatment and testing. While the IOM provides some healthcare to non-nationals, this is limited to emergency care only.

Ahead of World Refugee Day on 20 June, activists called on the government to do more to uphold the rights of refugees in the country—particularly given the limited attention that authorities provided to them in their response to the pandemic. Although the country has not signed the 1951 Refugee Convention, according to UNHCR, some 13,534 refugees were registered in the country in May 2020.


04 April 2020

Refugee Women Making Masks for Vulnerable Indonesians, 4 April 2020, (https://www.unhcr.org/id/en/12397-alongside-the-government-of-indonesia-partner-organizations-and-sister-un-agencies-unhcr-ensures-that-refugees-are-not-left-behind-in-covid-19-response.html)
Refugee Women Making Masks for Vulnerable Indonesians, 4 April 2020, (https://www.unhcr.org/id/en/12397-alongside-the-government-of-indonesia-partner-organizations-and-sister-un-agencies-unhcr-ensures-that-refugees-are-not-left-behind-in-covid-19-response.html)

Although immigration detention is no longer emphasized in Indonesia, reports suggest that refugees and asylum seekers in the country face a dire situation as it is impossible to keep any social distance as many share rooms in cramped apartments and those accommodated in IOM-operated sites live in severely overcrowded conditions. In addition, with no “rights to work, travel and use public health services, refugees and asylum seekers are further marginalised and the most vulnerable to the spread of coronavirus.”

On 31 March, according to the Jakarta Post, officials announced that they would begin barring “foreign nationals from transiting through or entering the country … as the government steps up efforts to curb the spread of COVID-19 in the country without heeding growing calls for a complete lockdown to contain the pandemic.”

The GDP has been unable to find any reports indicating whether measures have taken to assist migrants and asylum seekers held in prisons or detention centres. However, the government has begun staking steps in prisons as well as detention centres for minors, including restricting access and visits. On 31 March 2020, the government announced that it would release around 30,000 of its 270,386 prisoners to avoid a possible surge in infections in its overcrowded prisons.

According to a UNHCR-Jakarta 4 April press release, “As per the Government of Indonesia’s protocol, refugees have access to COVID-19 related services, including testing and treatment, provided by the Ministry of Health. Refugee communities throughout the country have been informed of the protocol through various communication channels and actors.” It added: “As a matter of prevention, UNHCR Indonesia is also working closely with partners and the local government to distribute sanitation kits including masks and disinfectants to refugee communities. UNHCR Indonesia provides cash assistance to those most vulnerable and at risk in this current situation to promote improved health and sanitation. With additional funding, UNHCR aims to also expand this cash assistance to more refugee families. Many refugees in Indonesia have skills and resources that can also be part of the solution. Some of the refugee women in Medan, supported by partner Mapanbumi, are producing washable face masks that will be distributed to vulnerable Indonesians and those who continue to work outside their homes in order to support themselves and their families. The refugee women aim to produce 1,000 masks for these groups of people such as becak drivers, street cleaners and the elderly in 18 sub-districts.”


Last updated: January 2016

Indonesia Immigration Detention Profile

    Although Indonesia has one of the largest populations in the world—which is spread out over a massive archipelago of thousands of islands—it hosts fewer migrants and refugees than many other countries in Southeast Asia. Foreigners represent only 0.1 percent of its total population.[1] However, the International Organization for Migration (IOM) describes Indonesia as “a key transit country for irregular migrant movements.” In 2013, the country intercepted approximately 9,000 migrants.[2]

    As of 2015, Indonesia had a detention estate comprised of 13 long-term immigration detention centres (rudenim or karantina in Indonesian)[3] and 20 temporary detention facilities[4] located in 12 of the 33 provinces of the archipelago, which had a combined capacity of roughly 3,000. Like transit countries in other regions of the world, the growth of Indonesia’s detention capacities has been largely driven by the policies and practices of nearby destination countries, namely those of Australia.[5]

    In addition to controversial policies like the “Pacific Solutions” that aim to prevent and deter the arrival of asylum seekers by sea by using extra-territorial (offshore) processing centres, Australia has also signed agreements with Indonesia for increased interception and detention of asylum seekers who apparently seek to make to Australia. Australian NGOs have denounced this “Indonesian Solution,” arguing that their government in effect pays Jakarta “hundreds of millions of dollars to detain and warehouse asylum seekers.”[6]

    According to academic research findings, from 2011 to 2013 Australia channeled more than $90 million through the International Organization for Migration (IOM) for programmes in the region, “including the upgrade and refurbishment of existing detention facilities” in Indonesia. During the same period, Australia gave the UN High Commissioner for Refugees (UNHCR) some $12 million for protection activities in the region, including support for resettlement.[7]

    Australia claims that it does not directly fund immigration detention in Indonesia and other countries. Rather, it earmarks funds under the opaque wording of “providing care and maintenance to intercepted irregular migrants in Indonesia, Papua New Guinea, and East Timor.”[8] As part of the Management and Care of Irregular Immigrants Project (MCIIP I) launched in 2007, the IOM assisted in the refurbishment of detention centres in Tanjug Pinang (capacity was increased from 100 to 400 people with a surge capacity of 600 people) and Jakarta.[9] Likewise, among the activities included in MCIIP II (2011-12) was “Quarantine Facility Renovation” in Batam, Balikpapan, and Semarang, as well as “Updating of the Standard Operations Procedures and Guidelines for Human Rights in Immigration Detention Centres.”[10]

    Law Number 6 of 2011 “Concerning Immigration” provides that foreigners can be placed in immigration detention to prevent unauthorized entry, stay or exit and to effect removal.[11] There is virtually no limit to detention as Article 85 of the law allows detention for up to ten years without judicial review. There is also no legal framework regulating the detention of persons of concern to UNHCR. Nearly 6,000 refugees and asylum seekers were detained in Indonesia in 2014.[12]

    Children can be detained under Indonesian immigration law and hundreds of children are detained every year, including unaccompanied children, who are often detained with unrelated adults.[13] The UN Committee on the Rights of the Child has called on Indonesia to “Cease the administrative practice of detaining asylum-seeking and refugee children.”[14] UNHCR and numerous NGOs like Jesuit Refugee Services-Indonesia have pressured the country to end the detention of children and to ensure that alternatives to detention that meet international standards are adopted and implemented.[15]

    Overcrowding in detention centres is a recurrent complaint. Conditions at facilities can also vary considerably across the archipelago. In some detention centres, migrants can freely move about while in others detainees remain locked up in cells. Human Rights Watch has described conditions as “appalling” and denounced the lack of basic sanitation and bedding. There have been numerous reports of guards physical violence abusing detainees, including unaccompanied migrant children.[16]

    Despite numerous criticisms of Indonesia’s immigration detention practices as well as its role in encouraging detention in the country, the Australian government has argued that “standards of health, hygiene, human rights and security in Indonesian detention facilities are matters for the Indonesian Government.”[17]

     

    [1] Department of Economic and Social Affairs, Population Division, United Nations, Website: http://www.un.org/en/development/desa/population/publications/, United Nations, 2015.

    [3] Ophelia Field and Alice Edwards, “Alternatives to Detention of Asylum Seekers and Refugees,” UNHCR, Division of International Projection Services, POLAS/2006/03, April 2006, http://www.unhcr.org/5666a2ea9.pdf .

    [4] United Nations High Commissioner for Refugees, “Beyond Detention 2014-2019 – National Action Plan Indonesia,” UNHCR, November 2015, http://www.unhcr.org/5666a2ea9.pdf.

    [5] Amy Nethery and Rafferty-Brown, Brynna, Taylor, Savitri, "Exporting Detention: Australia-funded Immigration Detention in Indonesia," in Journal of Refugee Studies Vol. 26, No. 1, revised March 2012. http://jrs.oxfordjournals.org/content/26/1/88.abstract; International Organisation for Migration, “Immigration and Border Management,” Factsheet, IOM Indonesia, December 2014. http://www.iom.or.id/sites/default/files/Factsheet%20-%20IBM.pdf. See also, Flynn, Michael, ”How and Why Immigration Detention Crossed the Globe,”

    Global Detention Project, Working Paper No. 8. April 2014. http://www.globaldetentionproject.org/publications/working-papers/diffusion.html  

    [6] Refugee Action Coalition fact sheet. The Indonesian Solution. December 2009. http://www.refugeeaction.org.au/?page_id=51

    [7] Amy Nethery, Brynna Rafferty-Brown, and Savitri Taylor, "At the discretion of management - Immigration detention in Indonesia," in Immigration Detention - The migration of a policy and its human impact, Nethery and Silverman (eds), 2015; Australian Immigration Department, “Answer to Question Taken on Notice, Additional Estimates Hearings,” 11 February 2013, (AE13/0279); Australian Immigration Department, “Answer to Question Taken on Notice, Budget Estimates Hearings,” 27-28 May 2013, BE13/0316.

    [8] Australian Immigration Department, “Answer to Question Taken on Notice, Additional Estimates Hearings,” 11 February 2013, AE13/0279.

    [9] Amy Nethery, Brynna Rafferty-Brown, and Savitri Taylor, "Exporting Detention: Australia-funded Immigration Detention in Indonesia," in Journal of Refugee Studies Vol. 26, No. 1, revised March 2012, http://jrs.oxfordjournals.org/content/26/1/88.abstract; International Organisation for Migration, “Immigration and Border Management,” Factsheet, IOM Indonesia, December 2014, http://www.iom.or.id/sites/default/files/Factsheet%20-%20IBM.pdf.  

    [10] IOM Indonesia, “Management & Care of Intercepted Irregular Migrants Project – MCIIP 2,”  http://www.iom.or.id/what-we-do/immigration-and-border-management/mciip-2.

    [11] Law of the Republic of Indonesia Number 6 of 2011 Concerning Immigration, (Undang-Undang No. 6 tahun 2011 tentang Keimigrasiaan),  http://www.imigrasi.go.id/phocadownloadpap/Undang-Undang/uu%20nomor%206%20tahun%202011%20-%20%20english%20version.pdf.

    [12] United Nations High Commissioner for Refugees, “Beyond Detention 2014-2019 – National Action Plan Indonesia,” UNHCR, November 2015, http://www.unhcr.org/5666a2ea9.pdf.

    [13] Human Rights Watch, “Barely Surviving: Detention, Abuse, Neglect of Migrant Children in Indonesia,” HRW, 24 June 2013, https://www.hrw.org/report/2013/06/23/barely-surviving/detention-abuse-and-neglect-migrant-children-indonesia.

    [14] Committee on the Rights of the Child, “Concluding observations on the combined third and fourth periodic reports of Indonesia,” United Nations, CRC/C/IDN/CO/3-4, 10 July 2014, http://uhri.ohchr.org/document/index/4cbccb2b-753b-47f5-8f0e-ab50707146f9.

    [15] JRS-Indonesia, Website: Detention, http://jrs.or.id/en/campaign/detention/.

    [16] Human Rights Watch, “Barely Surviving: Detention, Abuse, Neglect of Migrant Children in Indonesia,” HRW, 24 June 2013, https://www.hrw.org/report/2013/06/23/barely-surviving/detention-abuse-and-neglect-migrant-children-indonesia.

    [17] Amy Nethery, Brynna Rafferty-Brown, and Savitri Taylor, "At the discretion of management - Immigration detention in Indonesia" in Immigration Detention - The migration of a policy and its human impact,  Nethery and Silverman (eds), 2015.

     

    ENFORCEMENT DATA

    Total Migration Detainees: Flow + Stock (year)
    Not Available
    2019
    Number of Asylum Seekers Placed in Immigration Detention (Year)
    2,806
    2013
    Total Number of Children Placed in Immigration Detention (Year)
    982
    2017
    1,117
    2016
    838
    2015
    Number of Voluntary Returns & Deportations (Year)
    10,831
    2014
    2,011
    2013
    Immigration Detention Capacity (Specialised Immigration Facilities Only)
    3,000
    2014
    1,445
    2010
    Number of Dedicated Immigration Detention Centres
    13
    2015
    13
    2014
    14
    2009
    Criminal Prison Population (Year)
    210,682
    2017
    161,692
    2014
    154,000
    2013
    117,863
    2010
    128,876
    2007
    87,185
    2004
    59,488
    2001
    48,898
    1998
    41,353
    1996
    40,915
    1992
    Percentage of Foreign Prisoners (Year)
    0.6
    2016
    Prison Population Rate (per 100,000 of National Population)
    81
    2017
    64
    2014
    62
    2013
    49
    2010
    55
    2007
    39
    2004
    27
    2001
    24
    1998
    20
    1996
    21
    1992

    POPULATION DATA

    Population (Year)
    273,500,000
    2020
    255,461,700
    2015
    International Migrants (Year)
    353,135
    2019
    328,800
    2015
    295,400
    2013
    Refugees (Year)
    10,287
    2019
    10,793
    2018
    9,795
    2017
    7,819
    2016
    5,957
    2015
    4,270
    2014
    Ratio of Refugees Per 1000 Inhabitants (Year)
    0.03
    2016
    0.02
    2014
    0.01
    2013
    0.01
    2012
    New Asylum Applications (Year)
    1,108
    2019
    3,310
    2016
    5,658
    2014
    8,587
    2013
    7,223
    2012
    Refugee Recognition Rate (Year)
    82.8
    2014
    89
    2013
    Stateless Persons (Year)
    0
    2016
    0
    2014

    SOCIO-ECONOMIC DATA & POLLS

    Gross Domestic Product per Capita (in USD)
    3,491
    2014
    3,475
    2013
    Remittances to the Country
    8,551
    2014
    6,924
    2011
    Remittances From the Country
    2,840
    2010
    Unemployment Rate
    2014
    Net Official Development Assistance (ODA) (in Millions USD)
    67,810,000
    2012
    Human Development Index Ranking (UNDP)
    110 (Medium)
    2015
    108 (Medium)
    2014
    Pew Global Attitudes Poll on Immigration
    89
    2007

    B. Attitudes and Perceptions

    Detention for deterrence
    "UNHCR is concerned that detention continues to be used in a routine manner. This policy is mostly applied to persons intercepted attempting to enter or leave the country in an irregular manner. The continued use of detention as a deterrent to irregular movement and by consequence, to deter the movement of asylum-seekers and refugees, raises concern over the well-being of refugees and asylum-seekers fleeing persecution in their home countries, especially those with particular vulnerabilities including children and women. " UNHCR

    MIGRATION-RELATED DETENTION

    LEGAL & REGULATORY FRAMEWORK

    Do Migration Detainees Have Constitutional Guarantees?
    No (The Constitution of the Republic of Indonesia of 1945, as amended. ) 1945 1945
    1945 2002
    Detention-Related Legislation
    Law of the Republic of Indonesia Number 6 of 2011 Concerning Immigration (2011) 2011
    2011
    Law No. 39 Year 1999 - Concerning Human Rights. Republic of Indonesia. (1999)
    1999
    Additional Legislation
    Law no 21, 2007 on the Eradication of the Criminal Act of Trafficking in Persons (2007)
    2007
    Regulations, Standards, Guidelines
    Regulation from the Director General of Immigration Number F-1002.PR.02.10 Year 2006 concerning Procedures for the Detention of Foreigners (2015)
    2015
    Government Regulation of the Republic of Indonesia Number 31 of 2013 Concerning Implementing Regulation of Act Number 6 of 2011 Concerning Immigration (2013)
    2013
    Regulation from the Minister of Law and Human Rights of the Republic Indonesia Number M.05.IL.02.01 Year 2006 about Immigration Detention House. (2006)
    2006

    GROUNDS FOR MIGRATION-RELATED DETENTION

    Immigration-Status-Related Grounds
    Detention for unauthorised exit
    2015
    Detention to prevent unauthorised entry at the border
    2015
    Detention for unauthorised entry or stay
    2015
    Detention to effect removal
    2015
    Criminal Penalties for Immigration-Related Violations
    Yes (Yes)
    2015
    Grounds for Criminal Immigration-Related Incarceration / Maximum Length of Incarceration
    Unauthorized entry (365)
    2015
    Unauthorized exit (365)
    2015
    Children & Other Vulnerable Groups
    Accompanied minors (Provided) Yes
    2014
    Unaccompanied minors (Provided) Yes
    2014
    Victims of trafficking (Provided) Yes
    2014
    Stateless persons (Not mentioned)
    2014
    Refugees (Not mentioned) Yes
    2014
    Asylum seekers (Not mentioned) Yes
    2014

    LENGTH OF MIGRATION-RELATED DETENTION

    Maximum Length of Administrative Immigration Detention
    Number of Days: 3650
    2015
    Recorded Length of Immigration Detention
    Number of Days: 3650
    2014
    Maximum Length in Custody Prior to Detention Order
    Number of Days: 30
    2015

    MIGRATION-RELATED DETENTION INSTITUTIONS

    Custodial Authorities
    Immigration officers (Ministry of Law and Human Rights) Justice
    2014
    Directorate General of Immigration (Ministry of Law and Human Rights) Justice
    2014
    Directorate General of Immigration (Provincial office of the Ministry for Law and Human Rights ) Justice
    2014
    Directorate General of Immigration (Ministry for Law and Human Rights) Justice
    2014
    Directorate General of Correction (Ministry of Justice and Human Rights) Justice
    2014
    Directorate General of Immigration (Provincial office of the Ministry for Law and Human Rights ) Justice
    2013
    Directorate General of Immigration (Provincial office of the Ministry for Law and Human Rights ) Justice
    2012
    Bogor Immigration Office (Ministry of Justice and Human Rights) Justice
    2007
    Directorate General of Immigration (Ministry of Justice and Human Rights) Justice
    2007
    Directorate General of Immigration (Ministry of Justice and Human Rights) Justice
    2006
    Directorate General of Immigration (Ministry of Justice and Human Rights) Justice
    2005
    Directorate General of Immigration (Ministry of Justice and Human Rights) Justice
    2004
    Directorate General of Immigration (Ministry of Justice and Human Rights) Justice
    2002
    Detention Facility Management
    Directorate of Immigration. Ministry of Law and Human Rights. (Governmental)
    2014
    Directorate General of Immigration, Provincial office of the Ministry for Law and Human Rights (Governmental)
    2014
    Directorate General of Immigration, Provincial office of the Ministry for Law and Human Rights (Governmental)
    2014
    irectorate General of Immigration, Provincial office of the Ministry for Law and Human Rights (Governmental)
    2014
    Directorate General of Immigration, Ministry for Law and Human Rights (Governmental)
    2014
    Ministry of Justice and Human Rights. Directorate General of Correction (Governmental)
    2014
    Directorate General of Immigration, Provincial office of the Ministry for Law and Human Rights (Governmental)
    2013
    Directorate General of Immigration, Provincial office of the Ministry for Law and Human Rights (Governmental)
    2012
    International Organization for Migration (International or Regional Organization)
    2007
    International Organization for Migration (International or Regional Organization)
    2007
    Immigration division, Regional office of Ministry of Justice and Human Rights (Governmental)
    2007
    Immigration division, Regional office of Ministry of Justice and Human Rights (Governmental)
    2004
    International Organization for Migration (International or Regional Organization)
    2002
    International Organization for Migration (International or Regional Organization)
    2002
    Formally Designated Detention Estate?
    Yes (Dedicated immigration detention facilities)
    2014
    Types of Detention Facilities Used in Practice
    Immigration detention centre (Administrative)
    Immigration field office (Administrative)
    2014

    PROCEDURAL STANDARDS & SAFEGUARDS

    Procedural Standards
    Information to detainees (Yes) No
    2014
    Access to consular assistance (Yes)
    2014
    Access to asylum procedures (Yes) Yes
    2014
    Complaints mechanism regarding detention conditions (Yes) No
    2014
    Access to free interpretation services (No)
    2014
    Compensation for unlawful detention (No) No
    2014
    Right to legal counsel (Yes) No
    2013
    Independent review of detention No
    2013
    Right to appeal the lawfulness of detention (No) No
    2013
    Types of Non-Custodial Measures (ATDs) Provided in Law
    Release (Yes) infrequently
    2014

    DETENTION MONITORS

    Types of Authorised Detention Monitoring Institutions
    United Nations High Commissioner for Refugees (International or Regional Bodies (IRBs))
    2015
    United Nations High Commissioner for Refugees (International or Regional Bodies (IRBs))
    2014
    Jesuit Refugee Service (Non-Governmental Organizations (NGO))
    2014
    World Relief Indonesia (Non-Governmental Organizations (NGO))
    2014
    National Human Rights Commission (Komnas HAM) (National Human Rights Institution (or Ombudsperson) (NHRI))
    2014
    International Organisation for Migration (International or Regional Bodies (IRBs))
    2013
    Human Rights Watch (Non-Governmental Organizations (NGO))
    2013
    Is the NHRI Recognised as Independent by the Global Alliance of National Human Rights Institutions?
    Yes
    2015
    Does NHRI Visit Immigration Detention Centres?
    Yes
    2013
    Yes
    2012
    Yes
    2011
    Does NHRI Release Reports on Immigration Detention?
    Yes
    2012
    Do NGOs publish reports on immigration detention?
    Yes
    2013
    Names of Non-Governmental Organisations (NGOs) that Carry Out Detention Monitoring Visits
    Yes
    2014
    Names of International Monitoring Bodies that Carry Out Detention Monitoring Visits
    Yes
    2014

    TRANSPARENCY

    READMISSION/RETURN/EXTRADITION AGREEMENTS

    Bilateral/Multilateral Readmission Agreements
    EU (2014)
    2014

    COVID-19

    HEALTH CARE

    COVID-19 DATA

    Has the country Temporarily Ceased or Restricted Issuing Detention Orders?
    No
    2020
    Has the Country Released People from Criminal Prisons During the Pandemic?
    Yes
    2020
    Have Officials Blamed Migrants, Asylum Seekers, or Refugees for the Spread of COVID-19?
    Yes
    2021
    Has the Country Commenced a National Vaccination Campaign?
    Yes
    2020
    Have Populations of Concern Been Included/Excluded From the National Vaccination Campaign?
    Unknown
    2021

    INTERNATIONAL TREATIES

    International Treaties Ratified
    Ratification Year
    Observation Date
    ICRMW, International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families
    2012
    2012
    CRPD, Convention on the Rights of Persons with Disabilities
    2011
    2011
    CTOCTP, Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children
    2009
    2009
    CTOCSP, Protocol against the Smuggling of Migrants by Land, Sea and Air, supplementing the United Nations Convention against Transnational Organized Crime
    2009
    2009
    ICCPR, International Covenant on Civil and Political Rights
    2006
    2006
    ICESCR, International Covenant on Economic, Social and Cultural Rights
    2006
    2006
    ICERD, International Convention on the Elimination of All Forms of Racial Discrimination
    1999
    1999
    CAT, Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment
    1998
    1998
    CRC, Convention on the Rights of the Child
    1990
    1990
    CEDAW, Convention on the Elimination of All Forms of Discrimination against Women
    1984
    1984
    VCCR, Vienna Convention on Consular Relations
    1982
    1982
    Ratio of relevant international treaties ratified
    Ratio: 11/19
    Ratio of Complaints Procedures Accepted
    Observation Date
    0/8
    0/8
    Relevant Recommendations Issued by Treaty Bodies
    Recommendation Year
    Observation Date
    Committee on the Rights of the Child "66. In the light of its general comment No. 6 (2005) on the treatment of unaccompanied and separated children outside their country of origin, the Committee urges the State party to bring its immigration and asylum legislation into full compliance with the Convention on the Rights of the Child and other relevant international standards. It further urges the State party to take all necessary measures to adequately address the situation of asylum-seeking children, and in particular: (a) Ensure that the best interests of the child are always given primary consideration in all immigration and asylum processes and that unaccompanied asylum-seeking children are provided with adequate guardianship and free legal representation; (b) Cease the administrative practice of detaining asylum-seeking and refugee children; (c) Stipulate strict behavioural rules for guards and officials at detention facilities and ensure that the facilities are regularly assessed by an independent monitoring body; (d) Ensure that, in all circumstances, children are separated from unrelated adults, have access to sufficient food, clean drinking water and sanitation, as well as health care, education and recreation." 2014
    2014
    2014

    NON-TREATY-BASED INTERNATIONAL HUMAN RIGHTS MECHANISMS

    Visits by Special Procedures of the UN Human Rights Council
    Year of Visit
    Observation Date
    Special Rapporteur on the human rights of migrants 2006
    2006
    2015
    Relevant Recommendations from the UN Universal Periodic Review
    Observation Date
    No 2008
    2017
    No 2012
    2017
    No 2017
    2017

    REGIONAL HUMAN RIGHTS MECHANISMS

    GOVERNANCE SYSTEM

    Legal Tradition(s)
    Civil law
    Muslim law
    Customary law
    Federal or Centralised Governing System
    Centralized system
    2015
    Centralised or Decentralised Immigration Authority
    Centralized immigration authority
    2014

    DETENTION COSTS

    Overall Annual Immigration Detention Budget
    2,817,168 (Yes) Yes Yes
    2013

    OUTSOURCING

    FOREIGN SOURCES OF FUNDING FOR DETENTION OPERATIONS

    Foreign Financial Support for Detention Operations
    Yes
    2013
    Yes
    2012
    Yes
    2011
    Description of Foreign Assistance
    "In 2011-12 and 2012-13 Australia paid 47.9 million [...] and 46 million [...] , respectively, to the IOM. Payments to the IOM are for various activities, including the upgrade and refurbishment of existing detention facilities [in Indonesia]". Nethery, Amy, Ratterty-Brown, Brynna and Taylor, Savitri. "At the discretion of management - Immigration detention in Indonesia" in Immigration Detention - The migration of a policy and its human impact. Nethery, Amy and Silverman Stephanie (eds). 2015.
    2015