Invoking International Human Rights Law To Prevent Statelessness Of International Refugee Children Born In Indonesia

Abstract

The right to a nationality is an essential human right. The importance of having a nationality lies in the fact that it is a necessary condition for the protection and enjoyment of certain basic human rights. Consequently, the failure to fulfil the right of a child to get citizenship will have an impact on the fulfillment of their basic rights. This study explores the urgency of granting citizenship status for the statelessness of international refugee children born in Indonesia, and Indonesia’s responsibility to fulfill the right to a nationality for International Refugee children born in Indonesia under International Human Rights Law. This type of research is normative research using statutory and conceptual approaches. The results of this study indicate that, under international human rights law, everyone has the right to have citizenship and be recognized by their nationality from birth, including children born to refugees. Citizenship status in a person has become a practical prerequisite to be able to obtain respect, protection, and optimal fulfillment of human rights. Indonesian laws and regulations provide two approaches to obtaining citizenship status for refugee children born in Indonesia. The first solution is to prevent citizenship through positive law, and the second solution is to provide citizenship through naturalization. It is hoped that the Indonesian government will be proactive in fulfilling its obligation to provide Indonesian citizenship rights in refugee children’s best interests, and the Indonesian government is expected to ratify the 1954 and 1961 Refugee Conventions.