Human Rights National Action Plan:An Indonesian Experience

Prof Harkristuti Harkrisnowo, UI

Director General for Human Rights

Indonesian Ministry of Justice

National Basic Documents on Human Rights

• 2nd Amendment to the 1945 Constitution• Law no. 39 of 1999 on Human Rights• Presidential Decree no. 40 of 2004 on Human

Rights National Action Plan • Law no. 26 of 2000 on Human Rights Court• Law no. 7 of 1984 on CEDAW• Presidential Decree no. 36 of 1990 on CRC• Law no. 23 of 2002 on Child Protection• Law no. 11 0f 2005 on ICESCR• Law no. 12 of 2005 on ICCPR

Human Rights Institutions

• The National Human Rights Commission

• The National Commission against Violence Against Women

• The National Commission on the Rights of the Child

• Various community-generated NGOs

• Human Rights Study Centers

And Government Organizations

At The Ministry of Law and Human Rights:

• The Directorate General for Human Rights

• The Human Rights Research and Development Agency

The Directorate of Human Rights at the Ministry of Foreign Affairs

With support of…

• The Human Rights Court

• The National Truth and Reconciliation Committee (pending)

• The National Human Rights Commission

• The National Ombudsman Commission

• The National and Regional Committees on the National Action Plan on Human Rights

The Constitution & Law no. 39 of 1999

• The State recognizes and upholds human rights and fundamental freedom

• Protection, promotion, and fulfillment of human rights are primarily the responsibility of the State

• Everyone is born equal with inherent dignity and equal and inalienable rights

• Every one is entitled to human rights protection without discrimination of any kind.

State Obligations to Respect, Protect and Fulfill Human Rights

• The obligation to respect rights requires states to refrain from any action that would interfere with citizens' enjoyment of their rights; including actions people take in efforts to realize their rights.

• The obligation to protect rights requires states to take action to prevent violations of human rights by others. This obligation involves encouraging individuals and organizations to respect the rights of others, as well as imposing sanctions for violations that are committed by private individuals or organizations.

Obligations (cont’d)

• The obligation to fulfill rights requires states to take action to achieve the full realization of rights. These actions can include enacting laws, implementing budgetary and economic measures, or enhancing the functioning of judicial bodies and administrative agencies.

Human Rights National Action Plan (RANHAM)

• A Guidelines and General Plan to ensure the enhancement of respect, promotion, protection and fulfillment of human rights

• Taking into account religious and cultural values including customs of Indonesian people

• This Plan shall be progressively and continuously implemented in a five-year program

• A National Committee to implement RANHAM is to be established, chaired by the Minister of Law and Human Rights

The National Committee• Advisors:

– Coordinating Minister for Political and Security Affairs

– Coordinating Minister for Economic Affairs; – Coordinating Minister for Welfare of the People

• Chair– Minister of Law and Human Rights

• 1st Vice Chair: Minister of Home Affairs• 2nd Vice Chair: Minister of Foreign Affairs• Secretary: Director General for Human Rights,

Ministry of Law and Human Rights

With members from…

• All government institutions (represented by the Secretary General of each institutions)

And Chairs of…..• The National Human Rights Commission• The National Commission on the Elimination

of Violence Against Women• The National Commission on Child

Protection • The National Commissions on Ombudsman

RANHAM Committee

Coordinates the implementation of RANHAM in order to:

• Establish & strengthen the RANHAM committee

• Prepare ratification of and accession to International Human Rights Instruments

• Prepare harmonization of laws & regulations

• Disseminate human rights

• Apply human rights norms & standards

• Monitor, evaluate and prepare report

RANHAM committee (cont’d)

• Ministry of Law & Human Right and the Governor in each province shall establish Provincial RANHAM, and its seat is in the Regional Office of the Ministry of Law and Human Rights

• Ministry of Law & Human Right an d the Regent/Mayor in each province shall establish regency/municipality RANHAM Committee

RANHAM Implementing Institutions

National Committee

Provincial Committee

Regency/Municipal Committee

Civil society

In cooperation with …..

As a necessary element

Members of the Committee

• Government institutions

• Human Rights Institutions

• Experts/academics

• Community elements

As of today….

• There are 436 Regional Committees nationwide out of the targeted 481 provinces, regencies and municipalities

• The Directorate General for Human Rights have conducted capacity building programs for some of these committees, supported by various donor agencies, in cooperation with human rights study centers and human rights NGOs

Obstacles in Implementing HR …

• Social political condition• Economic gap among the haves and the haves

not • Frequency of corruption• Insufficient law enforcement• Lack of understanding on Human Rights • Human rights violation is perceived as merely

gross violation of human rights• Good governance principles have not been fully

implemented

In the urban areas…..

• Wider economic gap• High mobility• Heterogeneity of the public• Center of government, venue of

political, social and economic decision making

• Strong social movement • Vulnerable to various conflicts

Issues to be resolved….Issues to be resolved….

• Knowledge of state apparatus and society on human rights standards and norms

• Coordination and consultation among state institutions and between state institutions and civil society

• Compilation of data and information on the implementation of human rights

• Developing Indonesian literature on human rights

• Diverse socio-cultural norms and values due to the heterogeneity of Indonesian people

Question 1

What is benefit of the new National Plan through the Ministry of Justice as opposed to relying on the existing National Human Rights Commission?

Question 2

Beyond the National Plan, which envisions local and regional work, how to reconcile the problem of local political authorities creating local regulations (Perda or Peraturan Daerah) negatively impacting human rights (for example on women’s dress), who will be represented in the local committees?

Question 3

What do you do in Aceh with its special autonomy status and sharia law under the Memorandum of Understanding ending the Acehnese unrest (which MOU specified that Aceh could have its own sharia law, but that it must be consistent with international human rights)?

Question 4

All people sitting in local and regional committees part of the local government, and do they feel any review from the national level interferes with local autonomy?

Question 5

If the local government and local legislatures do not comply with a RANHAM finding that there is a human rights problem, what happens?