The Absence of the Human Rights Protection: President is urged to Signed the Presidential Regulation of National Action Plan on Human Rights 2020-2024
The situation and condition of human rights in Indonesia seem to go in a worsen path compared to previous years. This prediction comes up along with the legislation process of various laws drafts. The predition is Those draft bills would likely hamper the actions of human rights protection in Indonesia.
Amid the Coronavirus Disease 2019 (Covid-19) alleviation, The Indonesia Government, alongside the House of Representative Legislation Body, is drowning in the legislation process of the revision of Criminal Code Bill, the draft of Omnibus Law on Job Creation Bill, and the revision of Mineral and Coal Bill. Meanwhile, the essences of these draft bills have significant drawbacks on freedom exercising, violates civil rights and labor rights, and environmental protection actions. Furthermore, the side of the Government took on these drafts is to facilitate the interest of capital owners or big corporations.
The fragile political will of Joko Widodo (Jokowi) presidency on human rights promotion and protection has proven by the absence of the important document as the guideline on human rights protection actions in Indonesia. The document mentioned is National Action Plan on Human Rights for 2020-2024—which commonly pronounced as “RANHAM” (Rencana Aksi Nasional Hak Asasi Manusia). The critical point is the RANHAM for 2015-2019, which appointed through the Presidential Regulation No.75 in conjunction with Presidential Regulation No.33 of 2018, has ended by December 2019.
RANHAM is the official document, which compounded by the targets, strategies, and focuses activities on human rights issues. It appears as the guideline for Ministries, Agencies, and even Local Government to carry out the respect, protection, fulfillment, enforcement, and promotion of Human Rights exercising in Indonesia. Through RANHAM, the Indonesia Government is ideally not only able to project positive human rights exercising within the policies and regulation, but also build some adjustments to minimize or even eliminate the negative effects. RANHAM should be manifested in accountable manners due to the government’s responsibility as stated in in the 1945 Constitution of the Republic of Indonesia and Human Rights Bill to protect and fulfill the human rights of Indonesian people.
For the Draft of 2020-2024, The Joint Secretary of RANHAM which consist of Ministry of Law and Human Rights, Ministry of National Development Planning, Ministry of Home Affairs, Ministry of Social Affairs, and Ministry of Foreign Affairs has agreed to focusing RANHAM on four vulnerable groups. Those four are (1) Women, (2) Children, (3) People with Disabilities, and (4) Indigenous People as the primary beneficiary groups of RANHAM 2020-2024.
Based on ELSAM’s monitoring, the Draft of RANHAM 2020-2024 has a crucial function, which could be used as substantive tools for the Government to protect human rights in Indonesia—especially for those mentioned above four vulnerable groups. The tools are beneficial to protect them from the drawbacks of development activities and the corporate business operational. Moreover, RANHAM is not only used as an instrument to push policy commitment from corporations to respect human rights but also as the coordination instrument for Ministries/Agencies, specifically for National Human Rights Institution–such as National Commission of Human Rights, National Commission on Violence Against Women, Witness and Victim Protection Agency, etc.—to develop a remedial mechanism for the development affected people Therefore, instead of doing the persistent actions on the wrong place such as legislate the Omnibus Law on Job Creation Bill, the commitment and political will of Jokowi Presidency are awaited to immediately ratify the RANHAM 2020-2024. In doing so, we all could prevent the long delay resulted in “vacuum condition” which happened in RANHAM 2011-2014 after the implementation of RANHAM 2004-2009.
We all understand that Indonesia currently struggles to stop the Covid-19 Pandemic, nonetheless, the ratification of RANHAM 2020-2024 will bring hope between Indonesian people that Government does realize and understand the importance of protection and fulfillment human rights for short and long term periods.
Prior to the explanation above, Institute for Policy Studies and Advocacy (Lembaga Studi dan Advocacy Masyarakat/ELSAM) recommend to:
- President Joko Widodo to instruct the Minister of Law and Human Rights to disclose and disseminate RANHAM to all Indonesian people;
- President Joko Widodo to instruct all Ministries and Agencies to hold and use RANHAM as the guideline to formulate policies, regulations, and development projects established in Indonesia;
- President Joko Widodo to promptly signed and ratified the Presidential Regulation on RANHAM 2020-2024.
Jakarta, 5 April 2020
Lembaga Studi dan Advokasi Masyarakat (ELSAM)
Institute for Policy Studies and Advocacy
For further information, please contact Andi Muttaqien (Deputy Director of Advocacy) telp: 08121996984, Vita Yudhani (Human Rights Advocacy Staff) telp: 081284972483