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The Indonesia National Commission on Human Rights (KOMNAS HAM)
23rd Annual General Meeting of The Asia Pacific Forum Hong Kong, September 2018
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Komnas HAM Mandates : Act Number 39 Year 1999 on Human Rights
EDUCATION & PUBLIC AWARENESS STUDY & RESEARCH MONITORING & INVESTIGATION MEDIATION
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Komnas HAM Mandates : Act Noumber 26 Year 2000 on Human Rights Tribunal
Komnas HAM has an authority to carry out investigation on gross human rights violation cases. In conducting the investigation of gross human rights violation cases, Komnas HAM could form the ad hoc teams which is made up of national human rights commission and the elements of society. Komnas HAM will bring the result of investigation on gross human rights violation case to the Attorney General for the further investigation and prosecution.
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Komnas HAM Mandates : Act Number 40 Year 2008 on Eradication of Racial and Ethnic Discrimination
Overseeing all form of effort to eradicate racial and ethnic discrimination : a. Monitoring and assessment of central and local government policies that potential to cause racial and ethnic discrimination; b. Fact finding and assessment to an individual, community, or public or private institutions suspected of committing acts of racial and ethnic discrimination; Publishing recommendations to central and local government on the monitoring and assessment of actions containing racial and ethnic discrimination Monitoring and assessment of the government, local governments and communities measures in the implementation of the elimination of racial and ethnic discrimination; and Publishing recommendations to the House of Representatives of the Republic of Indonesia to conduct monitoring to government bodies that do not take into consideration on the findings of Komnas HAM
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Strategic Issues of Komnas HAM (2017-2022)
Settlement of Gross Human Rights Violation Cases 2 Agrarian Conflicts 3 Radicalism and Intolerance 4 Institutional Enhancement (Good Governance)
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Studies and Research (2018)
Amanment of Law Number 26 Year 2000 on Human Rights Tribunal Survey on “The Preparedness of Political Parties and Election Instrument for Eradication of Discrimination Based on Race and Ethnic. Development of Norm and Standard Setting on Race and Ethnic Discrimination Research on Right to Housing for Indonesian Citizens “The Role of State in Fulfilling Right to Housing” Research on “Community Police as Frontline to Radicalism Prevention”.
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Study and Research (2018) Research on “Protection of Right to Life for the Convicted to Death by Revising the Criminal Categories. Conference of Human Rights Research 2018 (join activities with universities) Study on local regulation/policy on natural resources in 6 Komnas HAM Regional Offices. Research on Komnas HAM’s Complaint Typology Study on “Fulfilling Right to Eligible Food in Indonesia”.
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Study and Research (2018) Studies on Bill of Terrorims.
Studies on Disabilities Conflicted with the Law. Report of CRPD implementation in Indonesia. Development of Instrument of Compliance of other Agency in Conducting Komnas HAM’s Research and Studies Research on Minority Religious Group Rights.
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Education and Public Awareness (2018)
Human Rights Cities : join activities with local governments (Banjarmasin - South Kalimantan; Wonosobo – Central Java) Human Rights Friendly School : join activities with local government (dissemination of Human Rights Friendly School in Bandung – West Java) Human Rights Friendly Police : dissemination of Police Guide/ Pocket Book to Regional Police (Jakarta, Bogor-West Java, Ambon – Moluccas, Palu - Central Sulawesi) Information and Technology : join activities with local government (Bandung – West Java) Library
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Monitoring and Investigation A. Complaints (May-August 2018)
663 files Right for welfare 554 files Right to Justice 90 files Right to Security Berdasarkan klasifikasi pelaku, 3 (tiga) pihak yang paling banyak diadukan ke Komnas HAM adalah (i) Kepolisian sebanyak 474 berkas, (ii) korporasi sebanyak 269 berkas dan (iii) pemerintah daerah sebanyak 188 berkas.
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Complaints (May-August 2018)
Police (474 files) Corporation (269 files) Local Government (188 files)
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B. Investigation Monitoring of Simultaneous Local Government Election 2018 Investigation of Cases Handling Prominent Cases a. Land cases and agrarian conflicts cases b. Violation of Minority Religious Groups c. Violation of state apparatus d. etc
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C. MEDIATION Cases (May-Augusts 2018) 1. Labour Cases
2. Land cases and 3. Forced eviction Conducting a mediation by presenting dispute parties in order to find resolution. Conducting consultative approach meetings.
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Mediation Process Constrains
The Complainants do not show any seriousness One party is canceling the meeting Condition and situation does not support the case settlements Time limitation for case settlements
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GROSS HUMAN RIGHTS VIOLATION - Aceh
A. Jambu Keupok Case, South Aceh 2003 The investigation report has been handed over to the Attorney General on March 14, 2016. B. Simpang KKA Case, North Aceh 1999 The investigation report has been handed over to the Attorney General. C. Rumah Geudong Case, Pidie District 1989 – 1998 Submited to Attorney General, 28 August 2018
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D.Timang Gajah Case, Bener Meriah District,1998-2003
Investigation E. Bumi Flora Case, Eastern Aceh, 1998 Collecting data and information F. Case of shaman wizards , Banyuwangi the investigation is completed and will be submitted to the Komnas HAM’s plenary Session in October 2018).
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The Settlement of Past Gross Human Rights Violation
To have coordination with state and government agencies including Coordinating Minister for Political, Justice and Security Affairs, the Attorney General, the Indonesia National Police, the Armed Forces Commander, Chief of National Intelligence Agency Dissemination to the victims , religious figures , public figure and with civil society ( NGOS ) The preparation of gross human rights violation settlement through judicial and non judicial mechanisms
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Regional Issues Migrant workers Trafficking Business and Human Rights
SDGs
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Cooperation Networking/engaging with SEANF, APF, GANHRI
Networking with UNHCR for issue of refugees Networking with Danish Institute of Human Rights for issue of SDGs Networking with Eurpean Union for the issue of National Prevention Mechanism Networking with other stakeholders (Indonesian National Police, NGOs, ministries and other state agencies, National Commission on Anti Discrimination of Women, National Commission of Child Protection, Ombudsman of Republic of Indonesia, Witness and Victim Protection Agency, Center for Human Rights Studies/Universities, Local Government etc.
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