BALI PROCESS REINVIGORATED, SEEKS ANSWERS TO

C O N F I D E N T I A L SECTION 01 OF 03 JAKARTA 000698 SIPDIS DEPT. FOR EAP, EAP/MTS, EAP/MLS, DRL; NSC FOR E.PHU E.O. 12958: DECL: 04/17/2019 TAGS: PREL PGOV PREF ID BM PHUM SUBJECT: BALI PROCESS REINVIGORATED, SEEKS ANSWERS TO ROHINGYA CRISIS REF: A. E-MAILS FROM PRM TO JAKARTA OF APRIL 13 AND 14 ¶B. JAKARTA 629 AND PREVIOUS Classified By: DepPol/C Stanley Harsha, reasons 1.4(b+d). ¶1. (C) SUMMARY. The April 14-15 Bali Process Ministerial Conference established a reinvigorated ad hoc mechanism for member countries to raise transnational issues, which could address the Rohingya problem. Another breakthrough was the attendance of a senior Burmese official. While the Rohingyas were not discussed during the formal session, a condition set by Burma in exchange for attending, a frank discussion of the issue did take place in a private breakfast meeting of interested parties. At this closed meeting, Indonesian Foreign Minister Hassan Wirajuda pointedly told the Burmese that the root causes of the Rohingya problem need to be addressed regionally. The USG sent two representatives as observers to the conference. Meanwhile, the GOI has given UNHCR full access to the two Rohingya camps in Indonesia's Aceh Province and interviews are proceeding. END SUMMARY. IMPORTANT CONFERENCE ¶2. (C) The Third Bali Regional Ministerial Conference on People Smuggling, Trafficking in Persons and Related Transnational Crimes took place April 14-15 in Bali. The Refugee Coordinator for East Asia and the Jakarta DepPol/C represented the USG as observers. The conference was notable for two accomplishments: -- This meeting reinvigorated the Bali Process, particularly with creation of a new Ad Hoc Group (AHG) mechanism. As defined in the Indonesia/Australia Co-Chairs' Statement, the AHG will "develop regional responses to current challenges of irregular movement of people in the Asia-Pacific region." The AHG can be convened on a "case-by-case basis on the request of any affected countries." Several countries hope that the AHG can be convened soon to discuss the Rohingyas migration issue. -- Burma sent a senior representative to the conference, a breakthrough given that Rohingyas were the unstated focus of the conference. Indonesia had dispatched a special envoy to Burma to convince them to attend, according to Rezlan Ishar Jenie, Director General for Multilateral Affairs at the Indonesian Department of Foreign Affairs (DEPLU),who co-hosted the Senior Officials Meeting. Brig.Gen. Khin Yi, �00A;Deputy Home Affairs Minister and Police Chief, represented Burma. He attended on the condition that Rohingyas not be on the formal agenda, Rezlan told DepPol/C. ROHINGYA ISSUE CONTENTIOUS ¶3. (C) Nevertheless, the Rohingya issue was just below the surface of the entire conference. Burma tried to water down the Co-Chairs' Statement to remove language related to irregular movement of Rohingyas and the clause allowing affected individual countries to convene the AHG but was thwarted by Australia and Indonesia. ¶4. (C) With the reinvigorated Bali Process and AHG mechanism, Australia and Indonesia steered the Bali Process in a new direction, allowing it to deal with issues such as the Rohingyas. The new AHG reconstitutes two stagnant ad hoc groups chaired by Thailand and New Zealand. Peter Rider, New Zealand Foreign Affairs and Trade Director for United Nations, Human Rights and Commonwealth, told DepPol/C the AHG is "potentially a very big step forward." He agreed to our request for New Zealand to push for an early AHG to address the Rohingyas. The AHG mechanism allows any affected country to ask the steering committee to convene the AHG. The steering committee includes: Indonesia, Thailand, New Zealand, IOM and UNHCR. ¶5. (C) We also told the Australian delegation that since the conference did not formally discuss the Rohingyas - originally slated to be the key point of the conference - that the AHG mechanism should be pursued quickly to address this pressing issue. Bringing Burma to the table was a major accomplishment, we acknowledged; however, we cannot wait for Burma to change its policy before discussing the Rohingya crisis. This can be discussed without Burma. Foreign Minister Steven Smith later approached us privately to assure us that Australia would press for the AHG mechanism to "be invoked soon to deal with the Rohingyas." Australia announced at the conference its contribution of AD300,000 to care for the Rohingyas in Aceh. IOM said the Dutch are JAKARTA 00000698 002 OF 003 promising a similar donation, perhaps conditional upon a U.S. donation. ¶6. (C) Rezlan would not commit Indonesia to invoke an AHG on Rohingyas but did say "any country could." Thailand indicated to USG's East Asia Refugee Coordinator that it might raise the issue either through the ad hoc group it already chairs or the new AHG mechanism. INDONESIA TO BURMA: SOLVE THE ROOT CAUSES ¶7. (C) The Rohingyas issue was openly discussed at a breakfast meeting the Co-Chairs arranged, attended by 13 countries, the UNHCR and IOM. Bangladesh confronted the Burmese on the Rohingya issue. Bangladesh called "statements made by Myanmar officials" and in the Burma media "unfounded and incorrect." Bangladesh maintained that Rohingyas historically are "an indigenous race of Myanmar" and explained that the 200-300 thousand unregistered Rohingyas, plus the 28,000 refugees in border camps, have taken a huge toll on Bangladesh society. The Bangladesh representative called on Burma to recognize the Rohingyas' citizenship. Thailand and Malaysia backed Bangladesh's statement in more diplomatic terms. Indonesian Foreign Minister Wirajuda told the Burma Police Chief, "We can explore bilateral talks but ultimately we must address the root causes (of the Rohingya crisis) regionally, and not just the symptoms," sources at the breakfast told us. ¶8. (C) Burma responded it could not recognize the Rohingyas citizenship but that it would accept Rohingyas back who could prove their residency in Burma. Still, this burden of proof would be very difficult to overcome, a UNHCR official told us. URGING PROTECTION FOR ROHINGYAS ¶9. (C) DepPol/C conveyed the following points to Ambassador Rezlan, Indonesia's top policymaker on multilateral issues: We commended the Bali Process for its success in including a senior Burmese representative and reinvigorating the Bali Process. We also emphasized that it would be unacceptable to send Rohingyas back to Burma to face persecution. DepPol/C told Rezlan that we had interviewed the asylum seekers directly and that they testified both individually and collectively to imprisonment, beatings and deprivation of civil liberties. They were afraid to return. We also asked that Indonesia consider establishing a temporary residency for the Rohingyas in a community setting, rather than in camps. We added that continued assistance from international donors is important so that Indonesia not shoulder this burden alone. We also suggested linkages with other regional migration dialogues such as Inter-Governmental Consultations. ¶10. (C) Rezlan told DepPol/C that the GOI was talking with Burma about repatriation of Rohingyas conditioned on humanitarian guarantees but fully acknowledged our points that the political situation will make safe return impossible in the foreseeable future. He took seriously our concerns about persecution, noting that the Indonesian public also would object to returning the Rohingyas under such circumstances. He also thanked the USG for its financial support of the Bali Process, as well as our contribution for the care of the Rohingyas in Aceh. Clearly, our contribution has brought us tremendous goodwill and leverage. ¶11. (C) Rezlan said Burma had requested consular access and that the GOI had agreed. We noted our concern that Consular access could pose risks, including to he families of the refugees, and urged them to rconsider. UNHCR made the same point, according t Raymond Halll, UNHCR Regin*al Coordinator for Southeast Asia. UNHCR ANDIIOM WORKING WITH REFUGEES ¶12. (C) IOM confirme that it has taken over humanitarian management of both Aceh refugee camps. UNHCR confirmed that tt is now conducting interviews of refugees in bothc"amps. IOM already completed its initial biodatarregistration in both camps. Over 50 of the refue es claimed to be from Bangladesh but a more detailed UNHCR screening will be needed to determine hhe validity of that claim, IOM told us. ¶13. (C)UNHCR's Hall told us that any return of Rohingyastto Burma will have several conditions: non-penai(zation for illegal departure; reinstatement on Burma official family lists; return to the communiyy of origin; and, most importantly, voluntary reu rn. JAKARTA 00000698 003 OF 003 A MECHANISM TO ADDRESS THE ISSUE ¶14. (C) The Bali Process appears to have struck a good balance between engaging the Burmese government and establishing a concrete mechanism to discuss the Rohingya issue. Indonesia and Thailand are both playing constructive roles and many other affected nations are now more engaged. Indonesia has the influence to possibly gain trust of the Burma government while maintaining a principled human rights stance. We will continue to push use of the AHG mechanism to address the Rohingya issue. ¶15. (C) For Indonesia and the international community, there is no easy solution. Resettling the Rohingyas poses the danger of drawing thousands more to Indonesian and other shores. Settling them long-term in Indonesia also is difficult, since this would put the Rohingyas in direct competition with Indonesia's own impoverished people. The reinvigorated Bali Process, however, can begin to address the problem and deserves USG support as a viable means to address the Rohingya issue. HUME