Jakarta— 19 December 2023— The first 100 days in office for a politician are crucial moments following their inauguration or election. As the new president and vice president are to be elected in 2024, the Foundation for International Human Rights Reporting Standards (FIHRRST) as a Human Rights Organization and a member of the National Tasks Force on Business and Human Rights (GTN BHAM) provides the following recommendations to all Presidential Candidates regarding human rights issues that were discussed during the first presidential debate on December 12, 2023. These recommendations are aimed to be followed up within the first hundred days of the incoming president's. FIHRRST is committed to participating in and supporting the implementation of human rights in Indonesia.
On December 12, 2023, the General Election Commission (KPU) organized a debate addressing issues on law, human rights, governance, anti-corruption, democracy enhancement, public service improvement, and societal harmony. Human rights issues raised during the debate focused on human rights in Papua and past gross human rights violations. The human rights issues raised during the previous presidential debate included human rights violations in Papua and gross human rights violations in the past. On December 19, 2023, FIHRRST responded to the debate by highlighting six human rights-related issues, encompassing Human Rights Violations in Papua, Gross Human Rights Violations in the past, Environmental Issues, Business and Human Rights, Protection of Vulnerable Groups, and Freedom of Speech. The press conference was attended by Makarim Wibisono, one of the founders of FIHRRST, and young researchers and human rights specialists from FIHRRST including Ratih Ananda Putri (26), M Rayhan Kurnia Rahman (22), Fairuz El Mechwar (22), and Auranetya Adya Kayan (23).
The press conference was opened by Ali Rahmadi, the Director of Operations at FIHRRST, and then continued by Makarim Wibisono, who addressed the human rights issues in Papua. Makarim conveyed that FIHRRST recommends the presidential and vice-presidential candidates to address human rights issues in Papua in a holistic manner, in line with both national and international human rights instruments. Furthermore, Makarim emphasized the need to follow up on the complaint reports from the Indonesian National Commission on Human Rights (Komnas HAM), particularly the Annual Report of Komnas HAM RI Representation in Papua, which documents various human rights issues.
Makarim then addressed the second issue regarding Gross Human Rights Violations in the past. He conveyed that there are 12 past gross human rights violations acknowledged by the Indonesian government, supported by the establishment of the Non-Judicial Settlement Team for severe human rights violations (PPHAM) as per Presidential Decree No. 17 of 2022 and Presidential Instruction No. 2 of 2023. In this regard, FIHRRST recommends that the resolution of Gross Human Rights Violations in the past should align with existing national and international human rights instruments. FIHRRST suggests extending the term of the PPHAM Monitoring Team, which monitors the non-judicial settlement of Gross Human Rights Violations and follows up on the recommendations proposed by the National Commission on Human Rights (Komnas HAM) regarding past gross human rights violations based on the Standards, Norms, and Regulations (SNP) Number 9 of 2022 concerning the Remedy of Rights of Victims of Gross Human Rights Violations.
Apart from the aforementioned points, FIHRRST also raised four issues including Business and Human Rights, Environment, Guaranteeing Rights for Vulnerable Groups, and Freedom of Expression.The first issue pertaining to Business and Human Rights, rooted in the impact business operations can have on human rights. In this context, Ratih Ananda Putri spoke about FIHRRST's recommendation to strengthen Presidential Regulation No. 60 of 2023 or the National Business and Human Rights Strategy (Stranas BHAM). Ratih recommended to the Presidential and Vice Presidential Candidates to ensure that the business sector carries out Human Rights Due Diligence (HRDD) in company operations and supply chains, as well as providing access to recovery for internal and external parties to the company. “Conducting comprehensive human rights due diligence for companies and supply chains, as well as providing access to remedies for those affected by business-related human rights impacts, are essential in safeguarding workers' rights and preventing adverse effects resulting from corporate activities," said Ratih in her statement. She emphasized that the government should consistently ensure that the business sector contributes to responsible business practices by protecting the rights of workers, surrounding communities, indigenous peoples, and the environment.
The next issue is about Environmental issues. M. Rayhan Kurnia Rahman expressed FIHRRST's view that the government plays a crucial role in ensuring the implementation of laws related to environmental protection, addressing issues such as pollution, river contamination, climate change, forest fires, floods, deforestation, and other environmental problems. Rayhan suggested that in the forthcoming administration, there should be a concrete plan implemented within the first 100 days to preserve and protect the environment. Furthermore, Rayhan stated, "The government should ensure fair treatment and prioritize participatory approaches in environmental development and preservation, as well as guarantee that the rights of indigenous communities are not disregarded in environmental development and preservation efforts."
On the issue of vulnerable groups, Fairuz El Mechwar pointed out that vulnerable groups, including people with disabilities, minority religions, ethnic minorities, women, children, the elderly, and others, still face discrimination and violence. The response to this issue involves preventing discrimination by referring to both national and international instruments. FIHRRST's recommendations for the first 100 days of the elected President and Vice President's tenure include combating violence against women, prioritizing indigenous communities, and ensuring the fulfillment of disability rights.
Subsequently, Auranetya Adya Kayana highlighted the issue of freedom of speech. "The Indonesian Constitution and Law No. 39 of 1999 on Human Rights uphold the right to freedom of expression. However, freedom of expression is perceived as under threat in Indonesia due to regulations concerning defamation, blasphemy, and hate speech," said Auranetya. In responding the issues, there were two recommendations for the presidential and vice-presidential candidates; to guarantee the right to freedom of opinion and expression, and to fulfill the right to freedom of opinion and expression in line with the National Commission on Human Rights Standards, Norms, and Procedures (SNP) No. 5 of 2021 on the Right to Freedom of Opinion and Expression.
For further information, please contact:
Auranetya Adya Kayana
Business and Human Rights Specialist