Observing Dynamic of Bureaucracy in Human Rights Fulfillment

Thursday, July 23, 2015

ELSAM, Jakarta – Since 1984 until now Indonesia have ratified eight out of nine principal international conventions on human rights. Indonesia have ratified human rights convention more than United States who have only ratified three human rights conventions. In the midst of many legal instruments, which guarantee human rights protection and were ratified by Indonesian government, they were not followed by improvement of human rights in Indonesia.

Corporatism, the rise of radical mass organizations, human trafficking, ethnic and religious-based violence and abuses by police officers were examples of problems that emerged after the reform. The condition was more complicated when bureaucracy was unable to actualize its function into a responsive institutional work towards human rights.

The inability of bureaucracy in responding to human rights issues was encouraging ELSAM to conduct a research on dynamic inside a bureaucracy in implementing human rights policy. This research aimed to look at how bureaucracy at local level dealt with challenges and how policy at the national level affected work program, institutional form and bureaucratic performance in responding to local issues.

On July 2015, ELSAM sent its researchers to three provinces, namely Aceh, Yogyakarta and East Nusa Tenggara (NTT) to collect information related to implementation of Plan of Action on Human Rights (RANHAM) and National Medium Term Development Plan (RPJMN) at regional level as the face of human rights policy.

According to Commissioner of National Commission on Human Rights Roichatul Aswidah, bureaucracy is a marginalized dimension in the study of human rights. She also welcomed ELSAM’s effort to conduct a research on bureaucratic performance in the fulfillment of human rights in Indonesia.

“ELSAM made an important breakthrough in the study of human rights because as far as I can observe, there was no research which specifically examined bureaucracy as an executive element of human rights. Though bureaucracy is an institution that directly in contact with society problems,” she said in hearing with a number of stakeholders in Jakarta.

Similar thing was also said by Human Rights General Director of Ministry of Justice and Human Rights Mualimin who revealed that there was no study that examined bureaucratic performance in the fulfillment of human rights in Indonesia.

“This study is a bridge between the government and civil society organization. I hope that many civil society are doing this because the result will be a significant input for the government,” he said.

In their research, ELSAM’s researchers found that pattern of human rights policy establishment greatly affected implementation of human rights policy in Indonesia. Hopefully, this research will become a database for advanced research and policy proposal for the government as part of ELSAM’s contribution to enforce human rights in Indonesia.

Author: Miftah Fadhli
Editor: Ari Yurino