A Statement by the Asian Human Rights Commission on the occasion of Human Rights Day
In commemorating the International Human Rights Day, the Asian Human Rights Commission (AHRC) highlights the theme of the lack of protection of human rights defenders in Indonesia. More than 20 years’ of political reform after former dictator President Suharto stepped down in 1998, Indonesia tends to fail to ensure protection for human rights defenders.
In a democratic transition where the country is still improving for a better order of life, the role of a strong civil society can provide colour for the direction of better policy changes, especially those related to the development and strengthening of law and human rights (HAM). One of the main elements of the civil society is human rights defenders (defenders of human rights), a profession that is not yet widely known in Indonesia, but plays a very important role in ensuring that human rights become the backbone of every state policy. In practice, human rights defenders are known to be critical of government policies as a form of effort to ensure the implementation of state obligations in the field of human rights, namely, the fulfilment, protection and promotion of human rights, so it is fitting for human rights defenders to receive recognition and protection in the legal system in Indonesia.
The AHRC noted that the situation of human rights defenders in Indonesia is still under a dangerous situation. Despite the fact that the National Commission on Human Rights has issued normative regulations on human rights defenders and announced December 7 as the National Human Rights Defenders Day, the persecution and criminalisation (judicial harassment) of and various forms of violence against human rights defenders are still occurring in Indonesia. The date of 7 December is in part to honour the famous human rights defender Mr. Munir Said Thalib who was killed on December 7, 2004, onboard from Jakarta to the Netherlands. Mr. Munir was the founder of several prominent human rights organisations in Indonesia such as KontraS and Imparsial. He was also a public lawyer in the Malang Legal Aid and Indonesia Legal Aid Foundation that advocate against injustice and human rights cases that occurred under the Suharto regime.
The criminal case of Haris Azhar, the Director of the Lokataru Foundation and Fatia Maulidiyanti, the former coordinator of the Commission for Disappearances and Victims of Violence (KontraS), is the culmination of poor protection for human rights defenders in Indonesia. Recently, Amnesty International Indonesia released data on attacks against human rights defenders in Indonesia between January and March of 2023 and in total, 127 human rights defenders became the target of various attacks and violence. Meanwhile, referring to the Alliance of Independent Journalists (AJI), violence and attacks on journalists in the last three years from 2021 to 2023 have continued to increase.
In 2021, there were 41 cases of attacks and violence against journalists, and the number increased in 2022 to become 61 cases and in 2023 it became 79 cases of attacks and violence against journalists.
If we examine national legal instruments, Indonesia actually has legal instruments that are strong enough to protect human rights defenders as follows:
- Constitution
The 1945 Constitution firmly and clearly provides a legal basis for human rights defenders to obtain protection. Article 28 C Paragraph 2 states that “Every person has the right to advance himself in fighting for his rights collectively to develop his society, nation and state.”
- Legislative regulations
There are several laws and regulations at the national level that can be used as a basis for the protection of human rights defenders.
- Law Number 39 of 1999 on Human Rights
- Article 100: “Every person, group, political organisation, community organisation, non-governmental organisation or other social institution has the right to participate in the protection, enforcement and promotion of human rights.”
- Article 101: “Every person, group, political organisation, community organisation, non-governmental organisation, or other social institution, has the right to submit reports regarding violations of human rights to the National Human Rights Commission or other authorised institutions in the context of the protection, enforcement and promotion human rights.”
- Article 102: “Every person, group, political organisation, community organisation, non-governmental organisation, or other social institution, has the right to submit proposals regarding the formulation and policies relating to human rights to the National Human Rights Commission and/or other institutions.”
- Article 103: “Every person, group, political organisation, community organisation, non-governmental organisation, university, study institution, or other social institution, either individually or in collaboration with Komnas HAM can conduct research, education and disseminate information regarding human rights.”
- Law Number 32 of 2009 concerning Environmental Protection and Management
Article 66 states that anyone who fights for the right to a better and healthy living environment cannot be prosecuted criminally or sued civilly.
- The regulation of human rights defenders regarding their profession
- Per Article 16, advocates cannot be prosecuted either civilly or criminally for carrying out their professional duties in good faith for the purposes of defending clients in court trials.
- Law Number 40 of 1999 concerning the Press
Article 4 states the guarantee of protection for press freedom.
- Law Number 16 of 2011 concerning Legal Aid
Article 11 states that legal aid providers cannot be prosecuted civilly or criminally for providing legal aid for which they are responsible and is carried out in good faith inside or outside court in accordance with the legal aid standards based on statutory regulations and/or the Advocate’s Code of Ethics.
Besides these legal instruments, in 2015, the National Commission on Human Rights of the Republic of Indonesia (Komnas HAM RI) also published a guideline regarding Human Rights Defenders, namely Standard Norms and Regulations Number 6 concerning Human Rights Defenders.
The AHRC demands that the Indonesian Government seriously pays attention to the protection of human rights defenders in Indonesia and stop all forms of violence against, and judicial harassment, murder or persecution of human rights defenders. The AHRC also demands that the Government of Indonesia must invite the United Nations Special Rapporteur on Human Rights Defenders to officially visit the country and ensure the situation of human rights defenders and ensure the Government’s commitment to protect human rights defenders and stop all forms of violence and attacks against human rights defenders.
