Local Government’s Performance on Human Rights: Abundant Work Program, Less Effects

ELSAM, Jakarta – As City of Human Rights movement grows globally, the government of Indonesia begins preparing steps to build a model of the City of Human Rights nationally. Besides continuing and developing the National Action Plan on Human Rights (RANHAM) which has been initiated since 1998, Indonesian Government through Ministry of Law and Human Rights (Kemenhumkam) Ministerial Regulation Number 25 / 2013 regarding the Criteria of Regency / City of Human Rights in Indonesia.  Based on the 17 Human Rights Indicators which are divided into five types of basic rights (which has been expanded into seven basic rights in 2016), there are 227 regencies / cities in Indonesia which are awarded as Human Rights Cities.

As part of civil society attention on the growth of Human Rights Cities, The Institute for Policy Research and Advocacy (ELSAM) conducted an assessment study by choosing six regions from the list of Human Right Cities. They were city of Padang, regency of Surakarta, regency of North Kayong, regency of Gorontalo, regency of East Manggarai, and city of Jayapura. Based on the study result, it was found that the local government’s performance achievement on human rights was very high on its aspect of process, which means that the commitment shown through the existence of work programs that aim at the human rights issues (civil, economy – social – cultural, and vulnerable group), budget allocation, as well as other mechanisms of intervention that are intended to achieve the expected target. Meanwhile, the performance on structural aspect (the availability of local regulation as a foundation of local apparatus policy formation) was only high on some area such as city of Padang, regency of Surakarta, and regency of Gorontalo. On the other hand, the achievement of the aspect of result (the real impact of the policies toward the society), was relatively low compared to the whole performance aspects. This shows that there is a sharp gap between the local government policies and the effect of the policies on the society.

The finding of the study was presented in ELSAM’s public discussion together with National Commission on Human Rights (Komnas HAM) in Jakarta, 30 May 2017. The discussion’s theme was Human Rights and Local Government: the Effect of Decentralization and Direct Election on the improvement of Human Rights Enforcement in Indonesia. In the event, ELSAM has launched two of its studies results regarding the local government’s Human Rights implementation;  Measuring Local Government Human Rights Performance:  Study of Human Rights Implementation in Six Regencies / Cities in Indonesia and the Gap in the Commitment and Implementation, and Analyzing the Bureaucratic Barriers in the Enforcement of Human Rights in Indonesia. In that event, the Minister of Law and Human Rights and the Minister of Home Affairs delivered a key speech which was represented by Mualimin ABdi, General Director of Human Rights of Ministry of Law and Human Rights, and Widodo Sigit Pudjianto, Head of Legal Bureau of Ministry of Home Affairs. Furthermore, the event also invited Nurkhoiron (Chairman of National Commission on Human Rights) to deliver a key speech, as well as Roichatul Aswidah ( National Commission on Human Rights Commissioner), Maya Grandty (National Development Planning Agency), and Wahyudi Djafar (Deputy Director of ELSAM) as speakers in the public discussion. Hendro Prasetyo (Indonesia Survey Institute) acted as the moderator of the discussion.

In the discussion, Roichatul stated that the local government is the third highest party that received complaints regarding human rights violations.

“Human Rights Cities is the government’s effort to improve the implementation of Action Plan on Human Rights (RANHAM),” said Roichatul. This award also aims to encourage the local government to start paying attention on the people human rights.

Respecting, protecting, and fulfilling human rights are one of the Government  Work Plan  which become an important agenda as mentioned in the Nawa Cita, the national development agenda of the current Joko Widodo – Jusuf Kalla’s government. Maya Grandty stated that one of the government’s steps in implementing the agenda is by synergizing the central and local government. One of the steps to synergize this is by conducting the regulation review so that it could be implemented and synergizing the concept of human rights’ enforcement between central and local government.

Roichatul mentioned that Human Rights’ enforcement in Indonesia is currently facing number of challenges. Among the challenges are the poor government political will, the unavailability of vision / long term planning and commitment, no recognition on the role of civil society and the lack of coordination between local and central government.

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