NO SAFE HAVEN LEGAL STATUS Although Indonesia has yet to ratify the UN Refugee Convention, the country does officially recognize the right to seek asylum and grants legal status to refugees. This is done primarily through UNHCR, which is able to process claims; issue formal documentation – initially a paper UNHCR Certificate, and then upon determination of refugee status, a UNHCR photo ID card; and refer cases for third-country resettlement. In Aceh, where most new Rohingya refugees arrive, registration is undertaken separately by both the police and UNHCR, seemingly because Indonesian security forces view the group as a threat to security.154 Those who are not recognized as refugees are considered ‘illegal’ migrants and risk arrest and detention in immigration detention centres, however this is generally more of a concern to other refugee communities, because given the persecution that Rohingya flee in Myanmar to escape, registration with UNHCR in Indonesia is generally straightforward. In 2016 the authorities issued Presidential Regulation 125/2016, which provides information and guidance on the treatment of refugees in the country. The definition of a refugee (within the regulation) is largely consistent with the definition contained in Article 1(a) of the Refugee Convention, and it includes several important provisions relating to the rights of refugees in the country.155 The regulation also makes specific reference to children as a group with special needs, and asserts that care be provided “with the best interest of the child in mind”.156 As well as official registration with UNHCR, all refugee children in Indonesia have the right to universal birth registration.157 However, registration of a birth does not confer the rights and entitlements of citizens. When a refugee child is born, their parents obtain a letter from the hospital or clinic where they were born and submit this to UNHCR, which in turn informs the civil registration office.158 In practice, implementation is not always consistent, in particular because different civil registries are not always aware of official policy.159 There is also reluctance among some officials that granting refugee birth certificates may spark calls for citizenship rights. The sometimes patchy nature of birth registration is further complicated by a lack of understanding about its importance among the Rohingya refugee community themselves. For families who plan to move on to Malaysia, 26 registration in Indonesia is often not seen as a priority. To complicate matters further, since the COVID-19 pandemic, there have been challenges to registering refugee children on official Indonesian government systems. All registrations now need to be done online, and require an Indonesian passport or ID number; however, UNHCR cards do not assign such a number. As a result, no new refugee births were registered in 2020 – a situation that must be urgently addressed.160 While most refugee children in Indonesia do not have the right to citizenship, under Article 4 of Indonesia’s Citizenship Act, children born to stateless parents or who have one Indonesian parent (regardless of the parent’s gender) are entitled to Indonesian citizenship. Since Rohingya have been effectively rendered stateless by the Myanmar authorities, Rohingya children born in Indonesia are therefore, by law, entitled to Indonesian citizenship.161 In practice, however, this provision is not effectively enforced, and there are gaps in implementing regulations that could provide more guidance to local authorities and officials. Also, in the relatively few cases where Rohingya are born in Indonesia, parents are generally hoping to travel to Malaysia or be resettled to a third country, and are therefore reluctant to pursue Indonesian citizenship for their children. ACCESS TO EDUCATION Officially, refugee children are able to access formal education in Indonesia, and this right was most recently asserted in a 2018 circular letter by the Ministry of Education, which specifically states that refugees are permitted to attend primary and secondary schools.162 The circular is clear, however, that local education authorities must first “prioritize Indonesian children”, and to enrol in public schools, refugee children are required to show their UNHCR cards as well as a letter of recommendation from the immigration detention centre or shelter they are staying in. Lack of funding and limited spaces in public schools are among the main barriers limiting refugee children’s access to formal education. The Indonesian government does not financially support education for refugees, and upon enrolment, students are therefore required to provide a “letter of guarantee and commitment” from an organisation agreeing to fund their costs.163