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Half-hearted sanctuary

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Tempo Magazine - March 23-29, 2004

A barbed-wire fence and steel gate stand in the way of Fatimah Ali (not her real name) in Bukit Petaling, Kuala Lumpur, Malaysia.

For two days, this mother of two from Bireuen, North Aceh, has been trying to make her way through to the other side. Her two boys, both under five, stumble while trying to keep up with their mother's stride. Every time the gate squeals open, this

34-year-old rapidly approaches. However, as of the last Thursday of February, she has been unsuccessful in her attempts. "I must come again tomorrow," she said while wiping the sweat from her brow.

That day, the door of the United Nations High Commissioner for Refugees (UNHCR) office was closed. The problem is, the office's courtyard is packed full with Acehnese. More than 100 of them gather in a special tent, eagerly waiting to be issued temporary protection letters.

With such a letter, an Acehnese refugee may set up temporary residence in Malaysia. The condition: follow the local laws and do not commit any crimes. The UNHCR issues the letter to Acehnese who are stranded in Malaysia on account of avoiding armed conflict. Over the past six months, the number of Acehnese seeking asylum in Malaysia has continued to increase.

"The number has increased drastically since last May," said Stephane Jacquemet, a UNHCR spokesperson in Kuala Lumpur, to Tempo. Up until the end of last January, said Stephane, her office has issued about 3,200 protection letters for Acehnese refugees. Even so, until last weekend, others were still lined up in the office's courtyard.

According to data from the UNHCR, since the Indonesian government declared a state of military emergency in Nanggroe Aceh Darussalam, last May, many Acehnese have fled to Malaysia. This neighboring country has long been known as a "transit area" for fighters from the Free Aceh Movement (GAM). But now the situation is different. Most of these refugees are ordinary people who could not endure the pressure of living in a war zone. "Civilians affected by the impact of conflict have a right to our protection," said Stephane.

The number of refugees from Aceh is increasing daily. A number of human rights advocate organizations in Malaysia estimate that about 20,000 people have fled from Aceh during the military emergency period. These refugees have subsequently spread all over the Malay peninsula. "It is a rough estimate," said Lukman Age, an activist from Penang Support for Aceh, an organization that conducts research and advocacy on its "emergency guests" from Aceh.

Scattered throughout the Malaysian provinces-the majority being in Kuala Lumpur, Johor Bahru, and Penang-the refugees form a sort of Acehnese diaspora in Malaysia. According to Penang Support, in addition to these three main regions, the refugees are spread throughout Kedah, Malaka, Perlis, Selangor, Kelantan, and Pahang. They have arrived through a number of channels, both legal and illegal.

Interestingly enough, the "profile" of the refugees has changed. Take a look at last month's data from Penang Support, which has done research on Acehnese refugees in the region from where this organization takes its namesake.

From 1,200 Acehnese refugees in Penang, it turns out that about 64 percent are 21-30 years of age. This means that most of them are still young, and fled due to being caught in the middle of military operations. "The situation in their hometowns is quite dangerous," said Lukman Age, who is also a researcher at the Science University of Malaysia (USM). In tracking down some of the refugees in Penang, Tempo discovered some stories that were representative of the data cited.

Here is the tale of Asrul Amin (not his real name): "My parents sold livestock so that I could come here," he said. Asrul is a youth from Barat Layang, a small border town in Matang Glumpang Dua, North Aceh. He has not yet reached 21 years old. He was forced to flee because his parents were worried that a TNI (Indonesian Military) raid would arrest the town's youth. The problem is, said Asrul, "GAM even hung about my home."

His family could not evade the fact that a number of the guerillas were their relatives. So, they gave food and drink to the rebels. Asrul even escorted them to the edge of the village forest. However, after that, his parents became afraid. "They ordered me to flee to Malaysia," he said. Moreover, during military operations, all youths who had ever had contact with GAM were questioned from noon until night.

In his hometown, the TNI have caught many youths because they gave food or other assistance to GAM. Harrowing tales of torture during the interrogations began to spread. Asrul said that, after being arrested, some residents never returned home again. Those who did come home were always wounded and had bruised faces.

This is what haunts the youth there. Whereas, said Asrul, town residents only helped GAM because they were forced to. They were afraid of being accused of being spies for the TNI. "We are always in the wrong," he said. So now Asrul and thousands of other Acehnese youths suffering the same fate have gathered in Malaysia. "We are only going to stay away until the military emergency is over," he said.

Asrul had no intention of living abroad. He is also reluctant to wait in line for a letter of refugee protection from the UNHCR, because the UN office is far off in Kuala Lumpur. "I have an Indonesian passport," he said. The problem is, his official stay visa in Malaysia is only good for one month.

It seems that the refugees have their own methods when it comes to dealing with the situation. They have found a solution for the visa time limit.

"They cross the Malaysia-Thailand border to get an immigration stamp in their passports," said Lukman. With that stamp, their stay of residence is extended for another month. However, this cannot be done indefinitely. According to regulations, this can only be done for three months. After that, there is no other recourse. Even if they have a passport, they must obtain refugee status from the UNHCR.

On top of that, the Malaysian government only recognizes those who arrive with official documents, including temporary refugee status from the UNHCR.

Aside from that, without official documents, they are all considered illegal immigrants. "Without exception," said Dato' Hamidon Ali, Ambassador of Malaysia to Indonesia, to Tempo, on Thursday of last week. The issuing of refugee status, he said, is fully the responsibility of the UN.

Malaysia's position on the matter of Acehnese refugees has indeed been half-hearted. Despite there being protective status from the UN, Malaysia often sends home Acehnese refugees who are caught by officials there. A local lawyer, Ahmad Shabrimi bin Mohamed Sidek, calls this situation "law that does not take sides." By this he means that Malaysia did not sign the Geneva Convention of 1951 on refugees.

Therefore, refugee cases are always entwined with illegal arrivals. If the case makes it to court, for instance, the judge will make charges under the article on illegal immigrants. "We always face difficulties in court," said Ahmad Shabrimi, who diligently defends Acehnese refugees in Malaysia. In Penang, as was witnessed by Tempo, the arrest of Acehnese still continues. Although some of them show their "sacred" UN document, the police still haul them off.

A police inspector in the Barat Daya Police Region did not want to give a detailed explanation of the matter. "We have to round up illegal immigrants," he said succinctly. Misfortune is the lot of Acehnese without official documents, unless they have a letter from the UN. In this case, the inspector whispered, "The police can look the other way." What he meant was that bearers of the letter can go free if they are picked up by UN staff.

For that reason, even if they have a passport, many Acehnese prefer lining up to obtain the letter in Kuala Lumpur. It is the Indonesian government that has voiced remorse on this state of affairs. According to Marty Natalegawa, a spokesperson from the Indonesian Department of Foreign Affairs, the Acehnese who ask for protection are none other than those who have already long taken up residence in Malaysia. Therefore, he said, there is no strong reason for them to ask for sanctuary. "Let's hope that the UN is not being used by GAM," he said.

[Nezar Patria (Kuala Lumpur), Faisal Assegaf (Tempo News Room).]

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