Indonesia’s Civil Society Experiences on the ESC Rights
Advocacy to ASEAN and UN Human Rights Bodies
Rafendi Djamin
Executive Director of Indonesian NGO’s Coalition for International
Human Rights Advocacy (HRWG)
At Panel 2:
Mainstreaming Economic, Economic Social and Cultural Rights
Geneva 8 October 2014
Excellency’s and Distinguished Participants,
Coalition of Indonesian NGO for International Human Rights Advocacy
(Human Rights Working Group) hosted the secretariat of Indonesian
Civil Society network for Economic Social and Cultural Rights and
organized preparatory activities in drafting alternative report on the
implementation of IESCR by Indonesian Government to UN ESCR
Committee. Started with first preparatory meeting in December 2012,
initiate a dialog with relevant Indonesian Government Agencies,
attending the Review of Indonesian Government Report by the UN
Committee on ESCR, until the Press Conference and diplomatic briefing
in Jakarta after the adoption of the Concluding observation of UN ESCR
Committee.
Human Rights Working Group (HRWG) Indonesia, the short name of the
Coalition was established in 2003, is a national permanent NGO
Coalition focusing on advocacy of International human Rights obligation
of Indonesian Government. Targeting its Advocacy work to all Treaty
monitoring bodies where Indonesia is a state party of, as well as to
relevant UN Special Procedures from the Charter based monitoring
bodies including engagement with UPR process at national and during
the Review itself. Later in 2006 HRWG expanded its advocacy work to
the ASEAN human Rights mechanism. Lastly since 2009, HRWG –
Indonesia further expanded it advocacy target to IPHRC of the OIC.
The collective work of not less than 60 Indonesian NGOs in targeting the
UN Committee on ESCR was started with the preparation of initial
Indonesian Government Report to UN Committee on ESCR in 2012.
Involving not less than 60 NGO working of different sector such as
Women’s Rights, Indigenous people Rights, Labor Rights including
Migrant workers and domestic workers rights, Housing Rights, Health
Rights including Sexual and reproductive rights, rights of PWD, rights of
people living on HIV and rights of people with different SOGI, ESC
rights of minority groups including religious minority group, right to
clean Water and Sanitation, Mining network and Rights to Environment
Groups, and Right to Development.
The engagement continued with delivering civil societies’ response of the
list of issues to the Committee on October 2013, that have involved
around 60 civil society organizations in Indonesia, from several
provinces. As a coalition, HRWG facilitated Indonesian civil society to
engage with the reporting process, by collecting information and data,
drafting the alternative report and submitting it to the Committee. The
engagement also incudes participating the Committee ESC’s session in
Geneva though delivering statement, organizing parallel event, discussion
with country rapporteur, and lobbying with other UN ESC Committee
members.
Distinguished participants,
From this engagement, by measuring the concluding observation (CO) of
the Committee, we assumed that half (around 50%) of recommendations
in CO are taken from CSOs alternative report, reply list of issues report
and meetings with the Committee members.
At the national level, HRWG also made several activities to follow-up the
UN Committee’s recommendations, such as a publication of State’s
report, civil society’s alternative report, as well as the concluding
observation with local language; disseminating Committee’s
recommendation to the state apparatus, civil society organizations, and
Indonesian public, through discussion, workshop and seminar; and,
integrating of ESC rights advocacy with the Sustainable Development
Goals (SDG’s) advocacy (combining human rights issues with
development and advocating SDGs with ESC rights framework).
Another opportunity for HRWG-Indonesia in mainstreaming ESC rights
was by working closely with the country visit of UN Special Rapporteur
on Housing to Indonesia in 2013, UN Special Rapporteur on the rights of
Migrant Workers in 2008, and Visit of UN High Commissioner on
human Rights during the tenure of Madame. Louis Arbor and Navy Pillay
to Indonesia. The modality of engagement was through consolidation of
NGO’s submission and interface dialog with the SR or HCHR, including
facilitating interface dialog between the survivor/victims of ESC rights
violations and SR/High Commissioner. This could be done with close
collaboration of the supporting staff from OHCHR both in Bangkok and
Geneva. And the space provided by Indonesian Government as a host of
the visit.
Indonesian CSO, ASEAN human Rights and UN Bodies
 HRWG-Indonesia plays significant role in coordinating Indonesian
civil society advocacy to the ASEAN Human Rights mechanisms.
First, as focal point of Indonesian Civil Society engagement with
wider CSO in ASEAN. Second, Although HRWG is a national
platform of CSO, since it is based in Jakarta where ASEAN
Secretariat and all Permanent Representative of ASEAN members
state are located, HRWG has played pivotal role in facilitating
engagement of civil society groups from other ASEAN countries.
Issues of ESC rights have been advocated through various CSOASEAN forums namely. ASEAN CSO forum with ASEAN
Commission on Women and Children (ACWC), dialog with like
minded members of ASEAN Committee on Migrant Workers
(ACMW) and AICHR.
 Beside direct interface dialog with ASEAN human rights bodies.
Modality of engagement on issue of ESC rights is conducted
through participation of workshop organized by AICHR, ACWC,
ASEAN Forum on Migrant and labor. For example AICHR and
UN Women: On September 5-6, 2011, the ASEAN
Intergovernmental Commission on Human Rights (AICHR), in
cooperation with UN Women, held a Seminar “Towards Achieving
Substantive Gender Equality”, aimed to help participants gain a
better understanding of principles of non-discrimination and
substantive equality and state obligation as prescribed in CEDAW;
share international good practices on compliance with CEDAW in
selected areas of women’s human rights; and make
recommendations to AICHR on its possible actions on gender
equality in ASEAN. One of issues has been discussed in the
meeting is about women migrant workers in Southeast Asia.
 Participating in AICHR workshop on Post MDGs and Human
Rights cooperation with UNDP. AICHR organized a two days
Regional Workshop on Millennium Development Goals (MDGs)
Post 2015 and Human Rights in Jakarta, Indonesia, from 11-12
December 2013. The Regional Workshop was held by AICHR
Indonesia with support from the Directorate General of ASEAN
Cooperation, Ministry of Foreign Affairs of the Republic of
Indonesia and the Regional EU-ASEAN Dialogue Instrument
(READI) Facility, as well as UNDP.
 CSR and human rights. The Representative of the Philippines to
AICHR, in collaboration with UN Women and the WG for an
ASEAN Human Rights Mechanism conducted the “Regional
Workshop and Consultation on Business and Human Rights in
ASEAN” on 11 – 12 December 2012 at the Bay view Hotel,
Singapore. This discussion using the UN Guideline Principle on
Business and Human Rights as a framework and invited UN officer
(John Ruggie’s staff) at that time acted as UN Independent Expert
on Business and Human Rights. The engagement of HRWG on
this issue was conducted both at national and regional level, at the
national level by working closely with Indonesian Reps to AICHR
and regionally by active participation on the Verification
Workshop of this thematic Studies of AICHR. This study was
already concluded last April 2014 with the participation of member
of UN Working Group on Business and Human Rights.
 Other previous AICHR’s workshop participated by HRWGIndonesia and its network on ESC rights are ASEAN
Conference/Workshop on Promoting Maternal Health: Responding
to the UN Millennium Development Goal 5 with the Centre for
Reproductive Rights and the United Nations Population Fund
(UNFPA) in Manila (2011); and “Regional Workshop on
Statelessness and the Rights of Women and Children” with the
United Nations High Commissioner for Refugees (UNHCR) in
Manila, and discussed the possibility of taking concrete steps as a
follow up to these seminars, 2011.
 Human Rights and Extractive Industry in ASEAN. HRWG and its
network closely engaged with ASEAN Sectorial Body on mining
by advocating the Extractive Industry Transparency Initiative
(EITI). As it is now the awareness and ratification of EITI
voluntary principle is already part of the Plan of Action of ASEAN
Mineral and Mining Cooperation. Another way to strengthened
advocacy on human rights and extractive industry is by close
cooperation with a network of National Human Rights Institution
in South East Asian countries focusing on Land Rights, Indigenous
People and Plantation in ASEAN countries.
Challenges and way forward,
There areas to be improved for national Civil Society Organization
Working on human rights advocacy at the UN and ASEAN human rights
mechanism. One of the challenges in the ASEAN and IPHRC is the lack
of access and openness to engage with diverse civil society groups. The
Absence of rules of engagement that are accepted by both parties Civil
Society groups could be one of the reasons. The engagement so far was
conducted on case-by-case basis witch lies on the preferences of member
states.
Another area of concern in strengthening cooperation between UN and
Regional Mechanisms is also limited access of National human Rights
Institutions (NHRI’s) that mostly have a good collaboration with civil
society groups, to engage with the work of Regional mechanisms within
ASEAN and OIC-IPHRC.
Thank you,
Rafendi Djamin