PENERAPAN PAPUA NEW GUINEA SOLUTION POLICY DALAM PEMENUHAN HAK-HAK PENGUNGSI DAN PENCARI SUAKA DI PULAU MANUS

Madjid, Syahla Faiza Fortuna (2025) PENERAPAN PAPUA NEW GUINEA SOLUTION POLICY DALAM PEMENUHAN HAK-HAK PENGUNGSI DAN PENCARI SUAKA DI PULAU MANUS. S1 thesis, UNIVERSITAS ATMA JAYA YOGYAKARTA.

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Abstract

The human rights of refugees and asylum seekers remain a critical global issue, particularly in the context of fulfilling international obligations by states parties to the 1951 Geneva Convention and the 1967 New York Protocol. One of the fundamental principles enshrined in these instruments is the principle of non- refoulement, which prohibits the return of refugees to territories where their safety or freedom would be at risk. However, the implementation of the Papua New Guinea Solution Policy by the Australian Government is deemed to contravene this principle. This policy involves relocating refugees and asylum seekers to offshore detention centers, such as those on Manus Island, for the purpose of processing their asylum applications. This study analyzes the implementation of this policy in relation to the fulfillment of refugees' and asylum seekers' rights, including the provision of accommodation, healthcare, legal assistance, and education. However, significant challenges such as inadequate facilities, limited access to essential services, and domestic political pressures hinder its effective implementation. Furthermore, the policy is considered to fall short of international human rights standards, highlighting its inconsistency with the principle of non-refoulement. Accordingly, a comprehensive evaluation and reform of this policy are imperative to ensure the fair and humane treatment of refugees. This research adopts a normative legal methodology, utilizing a literature review of relevant national and international laws and regulations. Moreover, interviews with experts in the fields of law and migration policy were conducted to complement the analysis. The findings underscore the urgency of revising this policy to uphold the principle of non-refoulement and ensure compliance with international human rights standards

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