The relevance of the UDHR in framing Indonesia’s refugee protection outside the 1951 and 1967 frameworks

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Authors: Mochamad Kevin Romadhona, Sri Endah Kinasih, Rachmat Dimas Oktafenanda, Eni Sugiarti, Alaa Basil Baqer Alfadhel
Cited by: 1
References: 103

Abstract

Abstract Indonesia occupies a distinctive position in the global refugee protection regime as a non-signatory to the 1951 Refugee Convention and its 1967 Protocol. Despite the absence of formal treaty obligations, the country continues to host thousands of refugees and asylum seekers. This paper examines the extent to which the Universal Declaration of Human Rights (UDHR) provides a normative framework for Indonesia’s refugee protection policies. Using a normative legal research approach, the study analyzes international human rights instruments, domestic legal frameworks, and institutional practices. It argues that while the UDHR plays an important role in shaping Indonesia’s humanitarian approach, its non-binding nature limits its effectiveness as a comprehensive substitute for refugee law. The paper concludes that Indonesia’s reliance on general human rights norms creates both opportunities and constraints, and it calls for strengthened legal frameworks to ensure more consistent and rights-based protection for refugees.

Fields of Study & Subjects

Migration Refugees and Integration Gender and Women's Rights International Law and Aviation

Publication details

Journal / source
Discover Global Society
Publisher
Springer Science and Business Media LLC
Volume
4
Issue
1
Publication date
21 July 2026
Language
EN