Human Rights Enforcement Performance Index 2011

29-01-2012
SCORE 2011
COMPLETION OF PAST HUMAN RIGHTS VIOLATION 1.4
FREEDOM OF EXPRESSION 2.5
FREDDOM OF RELIGION/BELIEF 2.3
NATIONAL ACTION PLAN OF HUMAN RIGHTS (RANHAM)
& HUMAN RIGHTS INSTITUTE PERFORMANCE
3.1
SECURITY & PROTECTION OF CITIZENS 2.0
ELIMINATION OF DEATH PENALTY 1.8
ELIMINATION OF DISCRIMINATION 2.8
FULFILMENT OF THE ECONOMIC, SOCIAL, CULTURAL RIGHTS 2.5

(score on a scale of 0-7, with 0 indicating very poor performance and 7 indicating very strong performance)

On December 10, 2011, citizens of the world will celebrate International Day of Human Rights. 63 years ago, December 10, 1948 Universal Declaration of Human Rights was the text that becomes the reference for every country in the world to treat people with dignity, by respecting the self integrity and a set of rights that are attached. As commonly a repetition of the birthday celebration, the celebration of Human Rights Day 2011, for the third time, SETARA Institute released a report on Human Rights Enforcement Performance Index.

In the context of Indonesia, the celebration has become very relevant not only for various human rights violations that are still occurring, but also very relevant to the national leadership under President Susilo Bambang Yudhoyono. Even at the age of two, in last October 2011, the Cabinet of Indonesia Bersatu II has just recently overhauled with the realization that the achievement of government’s performance is not optimal. There are the new ministers, new deputy ministers, and a number of commitment and integrity pact that were promised by the members of the cabinet to really work to serve the interests of the nation.

Human rights issues are national problems that demand the attention of the members of the cabinet. For SBY, Human Rights Enforcement Performance Index and the other reports of human rights, as well as a warning in the rest of his leadership which is less than 3 years. Leading a country for two terms, SBY should be able to build a valuable legacy to his people. The issue of human rights is a matter that has been ignored.

This report uses the same approach with the report in the previous year. SETARA Institute using clumps of rights contained in the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights as a variable to measure the performance of government. Of the two international covenants ratified by the government since 2005, SETARA Institute breaks it into 8 main variables. These groupings, besides to facilitate the assessment, also refers to other forms of rights that are still ignored and keep being violated by the state.

In this report, the SETARA Institute uses approach of measuring the perception in the form of a perception index of the human rights performance. Perception of 71 people in 13 provinces, consisting of experts of human rights, bureaucracy, academics, activists, religious leaders, and community leaders gathered in this report are then quantified by using a scale of measuring the number "0" for the weakest condition and the number "7 "to show the strong performance in human rights enforcement.

Compiling this perception index begins by setting the 8 variable with a variety of indicators. After obtaining the variables and indicators, SETARA Institute serves data on human rights performance in a variety of events and policies. Once all the data is discussed, the next phase is pulling the perception of 71 experts with a scale of 0-7. Each indicator was given score, then the entire score of the indicators in each variable were summed and divided by the number of indicators as a divisor. The result is a score for each variable.

 

1 COMPLETION OF PAST HUMAN RIGHTS VIOLATION - 1.4

1.1. Enforced disappearances 1.2
1.2. Truth and Reconciliation Commission 1.4
1.3. Tanjung Priok case 1.3
1.4. The case of Trisakti, Semanggi I and II 1.3
1.5. Munir Murder Case 1.2
1.6. Wamena -Wasior Case 1.4
1.7. Follow-up of TRC to East Timor 1.6

2 FREEDOM OF EXPRESSION - 2.5

2.1. Political Prisoners 2.9
2.2. Violence against Journalists 2.6
2.3. Criminalization of Journalism work 2.6
2.4. Protection of Human Rights Defenders 2.0

3 FREEDOM OF RELIGION/ BELIEF - 2.3

3.1. Freedom to build the house of worship 2.6
3.2. Freedom of religion / belief in minority religion / faith 2.3
3.3. State regulation that restricts religious freedom 2.5
3.4. Handling the cases of violence against minority faith / religious groups 1.8

4 NATIONAL ACTION PLAN OF HUMAN RIGHTS (RANHAM) AND THE PERFORMANCE OF HUMAN RIGHTS ENFORCEMENT AGENCY - 3.1

4.1. Establishing and strengthening the Committee of RANHAM 2.5
4.2. Ratification of human rights instruments 3.1
4.3. Harmonization of legislation with human rights values 2.5
4.4. Human Rights Education 2.5
4.5. Application of Human Rights Norms and Standards 2.1
4.6. Human Rights Report to the UN 2.2
4.7. Performance of the Ministry of Law and Human Rights 2.2
4.8. Performance of National Human Rights Commission (Komnas HAM) 3.4
4.9. Performance National Women Commission (Komnas Perempuan) 3.7
4.10. Performance of the Child Protection Commission (KPAI) 3.6

5 CITIZENS’ SECURITY - 2.00

5.1. Social Conflict 2.3
5.2. Combating terrorism 3.6
5.3. Security conditions 3.0
5.4. Protection of migrant workers 1.6
5.6. Protection of Citizens Abroad 1.7

6 ELIMINATION OF DEATH PENALTY - 1.8

6.1. Death Verdict 1.8
6.2. Death Execution 1.8
6.3. State Regulation 1.8

7 ELIMINATION OF DISCRIMINATION AGAINST WOMEN, RACE, ETHNIC - 2.8

7.1. Discrimination of Women 2.8
7.2. Racial and Ethnic Discrimination 2.8

8 FULFILMENT OF ECONOMIC SOCIAL-CULTURE RIGHTS - 2.5

8.1. Health 2.7
8.2. Education 2.8
8.3. Employment 2.2
8.4. Freedom of Cultural Expression 3.4
8.5. Promotion of indigenous people 2.3
8.6. Food Availability 2.7
8.7. Housing 2.5
8.8. Proper livelihood 1.9
8.9. Social Guarantee 2.2
8.10. Protection for persons with disabilities 2.1
8.11. Protection of children 2.9

Contact Person:
Hendardi (Chairman of SETARA Institute, 0811170944)
Bonar Tigor Naipospos (Vice-Chairman of SETARA Institute, 0811819174)
Ismail Hasani (Researcher of SETARA Institute, 08111.88.4787)

 

GENERAL RECOMMENDATIONS

  1. Leadership of Susilo Bambang Yudhoyono must establish an accountable policy of human rights enforcement in Indonesia through the completion of cases of past human rights violations, break the impunity, and provide a conducive legislation for human rights enforcement.
  2. Leadership of Susilo Bambang Yudhoyono must establish and strengthen the human rights institutions as the enforcement of human rights in Indonesia.
  3. SBY-Boediono leadership develop policies (beleid) to ensure the integrity of national legal systems and the fulfillment of constitutional guarantees which are constantly eroded by legislation established on the basis of religion and morality. Including to repeal the discriminatory legislation.
  4. SBY-Boediono leadership took the initiative to develop and discuss the six bills that are conducive to human rights: Truth and Reconciliation Commission Bill, Human Rights Defenders Protection Bill, Elimination of Religious Discrimination Bill, Bill of Law 39/1999 Amendment on Human Rights, Bill of Law 26/2000 Amendment on Human Rights Court, Domestic Workers Protection Bill, and Bill on the ratification of international conventions.
  5. Make changes to various laws and regulations that adopt death penalty.
  6. Take the political step in a comprehensive handling of Papua including developing an investigative audit of the alleged misuse of the Papua Special Autonomy Fund.

SETARA Institute, Jakarta, 5th of December, 2011

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