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Regarding Conditions of Confinement • Immediately bring detention conditions in line with international minimum standards, including standards relating to overcrowding, water and sanitation, nutrition, and access to recreation, among others. • Immediately cease detaining children with unrelated adults. • Provide appropriate, age-specific education to all children in detention facilities of compulsory primary education age, and allow children of secondary education age to continue their education if they desire. • Ensure that detainees have the means to communicate with family members, UNHCR, and legal representatives. • Ensure free and full access for independent agencies such as national and international governmental organizations and non-governmental organizations, and permit them to monitor detention conditions. Regarding Abuse and Corruption in Detention Facilities • Issue clear standards and provide training to ensure that violence, ill-treatment, bribery, and corruption do not occur in the detention facilities under your jurisdiction. • Institute accountability mechanisms, including a confidential individual complaints procedure, to prevent abuses and redress corruption in immigration detention facilities. Ensure free and full access for independent agencies such as international governmental organizations and non-governmental organizations, and permit them to monitor detention conditions. • Promptly investigate any allegation of ill-treatment of migrants and asylum seekers, including children, by officials and hold perpetrators fully accountable under the law. Take targeted and comprehensive measures to prevent ill-treatment of migrants, including unaccompanied children, in the custody of state agents. Put in place victim protection mechanisms during investigations and make public statements condemning such acts. Regarding Migrants and Asylum Seekers outside Detention • In cooperation with the Ministry of Social Affairs (or whichever agency takes guardianship for unaccompanied children), set up a registration and tracking system for unaccompanied children, to account for every child. Investigate 81 HUMAN RIGHTS WATCH | JUNE 2013
incidents of unaccompanied children who abscond from care centers and design strategies to counter such occurrences. • Ensure that all unaccompanied migrant children in Indonesia are given an opportunity to seek asylum, and are provided representation by a guardian and a lawyer for all unaccompanied children who seek asylum. Prioritize the determination of asylum applications by unaccompanied children while ensuring a fair and full assessment of their claim. • Ensure that all migrant children in Indonesia—including unaccompanied children and children with their families—have timely access to quality education, both in the exceptional cases where they are detained, and when they are living outside detention. To the Indonesian National Police • Refrain from arresting refugees, asylum seekers, and people with tokens from UNHCR. • Use only the minimum force necessary in apprehending migrants and investigate and punish instances of excessive force. • Conduct comprehensive investigations into abuse claims made by migrants and asylum seekers in immigration detention, including by putting in place victim protection mechanisms during investigations. To the Australian Government • Lead by example by lifting punitive asylum policies (including offshore processing and harsh visa regimes) and allowing those seeking asylum to reach Australian territory, thus minimizing the risks of the smugglers’ boats. • Strongly promote and facilitate the development of refugee law and refugee protection in Indonesia, including by encouraging the Indonesian government to ratify the 1951 Refugee Convention and its 1967 Protocol, and by working with the Indonesian government to develop its capacity to assess asylum claims and protect refugees. • Support Indonesia in developing appropriate laws and policies to respond to the protection needs of unaccompanied migrant children, including those enumerated by the UN Committee on the Rights of the Child in its General Comment No. 6. BARELY SURVIVING 82
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H U M A N R I G H T S W A T C H BAR
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Copyright © 2013 Human Rights Watc
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Lack of Recreation ................
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We spent eight hours on the boat be
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There were 20 or 30 unaccompanied m
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journeys. One Afghan father explain
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Methodology Human Rights Watch carr
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Terminology This report focuses on
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I. Seeking Refuge: Journeys to Indo
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Sample migration routes based on Hu
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Once in Indonesia, many migrants an
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toward assisting refugees, for inst
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II. Lack of Protection for Unaccomp
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As far as Human Rights Watch is awa
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unrelated adults told us, “I’ve
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number of or biographical details f
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Young children are detained with on
Page 35 and 36: approximately 14 months. Labaan A.,
Page 38 and 39: Unaccompanied migrant children were
Page 40 and 41: At the time of our investigation, s
Page 42 and 43: could hear him crying … he was be
Page 44 and 45: Abuse is not limited to IDCs: Migra
Page 46 and 47: police room. The police were very b
Page 48 and 49: A staff member of an NGO who spoke
Page 50 and 51: I told the police I was 17 years ol
Page 52 and 53: from 2010 to 2011 in Tanjung Pinang
Page 54 and 55: Lack of Sufficient Medical Care and
Page 56 and 57: One asylum seeker detained at Ponti
Page 58 and 59: Madudeva N. said he was 17 years ol
Page 60 and 61: Overcrowding results in packed room
Page 62 and 63: Mustafa A., from Afghanistan, was d
Page 64 and 65: “The children sometimes vomit aft
Page 66 and 67: International standards mandate tha
Page 68 and 69: Delays in Getting Review and Status
Page 70 and 71: It’s been eight months without an
Page 72 and 73: V. Restricted Living Conditions out
Page 74 and 75: and now lives in Medan: “Of the p
Page 76 and 77: Children reported that they had lim
Page 78 and 79: VI. Few Options for the Future I am
Page 80 and 81: Compelled to Risk Boat Journeys to
Page 82 and 83: VII. Conclusion and Recommendations
Page 84 and 85: • Enable the National Commission
Page 88 and 89: • In regional intergovernmental d
Page 90 and 91: • Monitor conditions of confineme
Page 92: BARELY SURVIVING Detention, Abuse,
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