National Commision on Human Rights (Komnas HAM) and Institute for Policy Research and Advocacy (ELSAM)
Komnas HAM Lauches National Action Plan on Business and Human Rights
Jakarta, June 16, 2017 – Six years after the UN ratified the United Nations Guiding Principles on Business and Human Rights (UNGPs on B & HR), the National Commission on Human Rights (Komnas HAM) together with the Institute for Policy Research and Advocacy (ELSAM) launched the National Action Plan On Business and Human Rights on June 16, 2017. This is important as a manifestation of Indonesia’s commitment to human rights. This is also the record of Indonesia as the first country in Southeast Asia to launch the NAP on Business and Human Rights which was initiated by National Human Rights Institutions (NHRIs) and civil society organizations. This NAP on Business and Human Rights was launched under Komnas HAM Regulation No. 1 Year 2017 on Ratification of the National Plan of Action on Business and Human Rights, State News No. 856.
The National Action Plan for Business and Human Rights is a national instrument for implementing the United Nations Guiding Principles on Business and Human Rights at the national level. Business and Human Rights RAN is a policy strategy developed in order to protect citizens’ human rights from the negative impacts of business operations by referring to the UN Guiding Principles on Business and Human Rights.
Since the passing of the principle in 2011, the Office of the United Nations High Commissioner for Human Rights has documented 14 (fourteen) States that already have National Action Plan On Business and Human Rights. The fourteen countries are the UK, the Netherlands, Italy, Spain, Finland, Denmark, Lithuania, Sweden, Switzerland, Colombia, Norway, United States, Germany, and France. All are from Europe, and America.
There are 20 other countries that have stated that they will design a Business Plan and Human Rights. For Southeast Asia, the designing of the RAN is Indonesia and the Philippines initiated by NHRI and NGOs. Meanwhile, the government that has committed to drafting RAN Business and Human Rights is Malaysia, Myanmar and Thailand.
The process of drafting NAP on Business and Human Rights has been started since September 2014 by involving various parties, among other Ministries / Institutions related, business groups, and civil society. The compilation of the Business and Human Rights RAN is motivated by the imbalance of patterns of state relations, markets and society. Indicates that market power is stronger than state power reflected in conflicts with dimensions of human rights violations in natural resource management.
NAP on Business and Human Rights will show a supportive and hampered map of legislation in order to enhance the role of the State to protect human rights related to corporate operations. Referring to the existing regulatory map, currently there are already many regulations that have supported the implementation of the UN Guiding Principles, you have not yet developed a policy coherence that makes the Guiding Principles effective.
The National Action Plan for Business and Human Rights needs to be further regulated through the presidential regulation, given the vast dimensions and dynamics of Business and Human Rights relationships that need to be regulated in a separate regulation.
Subsequently there is a constitutional convention to further regulate a provision of the law through a presidential regulation. Presidential Regulation No. 75 of 2015 on the National Plan of Action on Human Rights (RANHAM) Year 2015-2019 is an example of a constitutional convention regulating further the norms of human rights law as stipulated in Law no. 39 of 1999 on Human Rights in order to have more operational power in operation. Furthermore, in line with the legal logic of RANHAM implementation, the National Action Plan for Business and Human Rights is also a legal obligation for ministries, institutions, local governments to prepare National Action Plan for Business and Human Rights in accordance with the scope of their authority.
Nur Kholis, SH., MA. (Chairperson of Komnas HAM) [email protected]
Wahyu Wagiman, SH., MH. (Executive Director of ELSAM) [email protected]