Statement of Civil Society Network’s Position on the Series of ICESCR and ICCPR Sessions to the Indonesian Government

Statement of Civil Society Network’s Position on the Series of ICESCR and ICCPR Sessions to the Indonesian Government
The Indonesian Government’s response to the UN Human Rights Committee: Ignoring the Efforts of Victims and Justice Seekers

The Indonesian government has completed a series of UN Economic, Social and Political Committee meetings starting with the 75th ICESCR Meeting on 20 February 2024 and the 140th ICCPR Session on 11 March 2024. We are aware that both committees have made an effort to highlight several important notes and human rights violations that were brought up by the civil society in the shadow report. However, as a Civil Society Organization, we are disenchanted by the Indonesian government’s response in both meetings and we opposed all the self-preservation that the Indonesian government said in the present of all the committees, international societies, human rights defenders, and all affected communities and victims.

Based on our reports on the National Strategic Project (PSN) in the shadow reports for the ICCPR meeting, the Indonesian government has once again proven its incompetencies to handle human rights violations. In terms of its relation to PSN, the committee highlighted several important issues. In the case of corruption in which the Indonesian Government refused to admit the attempt to weaken KPK as the sole base for all corruption cases in Indonesia. The case of corruption in PSN has also been presented to the committee briefing in ICESCR.

The government failed to address the real issue of the right to life for communities affected by the development projects, which are land evictions, criminalisation, and arbitrary arrest. For example in the case of Yogyakarta International Airports where up to 20,000 farmers and their families were left out in the economic chain caused by the land grabbing issues.

In the issue of pollution, the government also failed to point out the limited access to water and sanitation in the Bromo Tengger PSN. More overly, the government is not aware of the air pollution happening in the past few months in Jakarta caused by big factories surrounding the city.

In the issue of excessive use of force and extrajudicial killing, the government addressed that they are now enforcing no impunities towards executors. We are very much aware that this situation is not happening at all cost. Criminalisation and arbitrary arrest are happening in a lot of PSN cases such as Rempang Eco-City Project and Nagari Air Bangis. As per today, Rempang residents who have experienced criminalization in the security and execution process will be released in the near future.

After holding a hearing on Indonesia at the 75th ICESCR Meeting on February 20 2024, the ecosoc Committee (ICESCR) has issued recommendations to the Indonesian government. These recommendations are based on several key issues of concern to the committee. On the issue of protecting human rights defenders, the ICESCR Committee recommends that the Indonesian government appreciate all forms and efforts of human rights defenders in carrying out advocacy and revising the rubber articles of the ITE Law.

On the issue of Business and Human Rights, the ICESCR Committee provides recommendations regarding national business strategies that must prioritize ethnicities, indigenous peoples and communities directly affected by development. This can be done by ensuring the company has met the Human Rights diligence thoroughly; paying more attention to environmental impacts that may occur from ongoing development or business; and making action plans for affected people and communities.

In the Rights of Indigenous Peoples, the ICESCR Committee recommends the Indonesian Government to immediately ratify the Indigenous Peoples Bill which has been postponed for ten years. Apart from that, the Indonesian government is also expected to guarantee territorial ownership rights for indigenous people.

On the issue of forced evictions, the ICESCR Committee recommends providing guarantees and transparency to communities who may be affected by development as well as taking steps to prevent forced evictions, especially in the construction of PSN.

Indonesian Civil Society Organization deeply concerned by the defensive stances by the Indonesian government on above issues. This is a very hopeless situation where the government failed to address the real situation of the country. The Indonesian Government has failed to give real representation and is causing damages towards communities, victims, and civil society who are seeking justice from the international level.

1. We oppose all the defensive, pragmatic, and political approaches that the Indonesian Government served at a very high level international meeting.
2. We forcely urge the Indonesian Government to acknowledge the underlying issues of human rights violation in Indonesia.
3. We urge the Indonesian Government to examine the recommendations given by the committee and strongly force the government to fulfil its commitment for non discriminatory and sovereignty of the people.

Jakarta, March 14th 2024.

Endorsed by: Indonesia Legal Aid Foundation (YLBHI), The Commission for the Disappeared and Victims of Violence (KontraS), The Indonesian Forum for Environment (WALHI), Indonesia Corruption Watch (ICW), Mining Advocacy Network (JATAM), Trend Asia, Agrarian Reform Movement Alliance (AGRA), Sajogyo Institute (SAINS), Forum Asia, Bentala Rakyat Heritage Foundation (PUSAKA)