The new commissioners of Komnas HAM: human rights

defenders?

by Zainal Abidin

The Institute for Policy Research and Advocacy (ELSAM),

Member of the Civil Society Coalition for Human Rights and the National Commission on Human Rights (Komnas HAM)

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National Human Rights Commission of

Indonesia (Komnas HAM)

II I III IV

V

Dec 2011

Nov 2012

Dec 2012

Jan 2013

Feb 2013

Mar 2013

Performance

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National Human Rights Commission of

Indonesia (Komnas HAM)

II I III IV

V

Dec 2011

Nov 2012

Dec 2012

Jan 2013

Feb 2013

Mar 2013

Performance

3

I. December 2011 – November 2012

• The Komnas HAM announced the selection process of new commissioners for the period of 2012-2017

• Civil society formed a civil society coalition for Human Rights and NHRI

• Fit & Proper test conducted by the Selection Committee

• 13 (thirteen) commissioners selected by the 3rd Commission of the Parliament

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I. December 2011 – November 2012

• The thirteen new commissioners are*: 1. Sandrayati Moniaga (F) 2. Maneger Nasution (M) 3. Natalius Pigai (M) 4. Otto Nur Abdullah (M) 5. Ansori Sinungan (M) 6. Imdadun Rahmat (M) 7. M. Nurkhoiron (M) 8. Siane Indriani (F) 9. Hafidz Abbas (M) 10. Roichatul Aswidah (F) 11. Siti Noor Laila (F) 12. Dianto Bachriadi (M) 13. Nurkholis (M) * The list above is based on number of votes received by each person

www.elsam.or.id

www.kompas.com

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National Human Rights Commission of

Indonesia (Komnas HAM)

II I III IV

V

Dec 2011

Nov 2012

Dec 2012

Jan 2013

Feb 2013

Mar 2013

Performance

6

II. November 2012 – December 2012

• New leadership of Komnas HAM (as per November 2012)

• Term of office: 2,5 years

Chairperson

(Otto Nur Abdullah)

Deputy I

(Sandrayati Moniaga)

Deputy II

(M. Nurkhoiron)

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National Human Rights Commission of

Indonesia (Komnas HAM)

II I III IV

V

Dec 2011

Nov 2012

Dec 2012

Jan 2013

Feb 2013

Mar 2013

Performance

8

III. December 2012 – January 2013

• The “Nine” was proposing changes for the Internal Regulation of Komnas HAM – Leadership term: 1 year

– Pretext: • The spirit of collective collegial

• Bureaucratic reform

– Hidden agenda: • Politically motivated (e.g. to stop the process of settlement

of past human rights violations)

• Fighting for benefits and facilities

• Personal ambition

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National Human Rights Commission of

Indonesia (Komnas HAM)

II I III IV

V

Dec 2011

Nov 2012

Dec 2012

Jan 2013

Feb 2013

Mar 2013

Performance

10

IV. January 2013 – February 2013

• Bad Public Image

• Public outcry – Civil society

– Victims Associations and Labour Movement

– Former commissioners

– Parliament

– ANNI

• Rejection from the staff and personnel of Komnas HAM

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Public Reaction

www.wantimpres.go.id

www.kompas.com

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National Human Rights Commission of

Indonesia (Komnas HAM)

II I III IV

V

Dec 2011

Nov 2012

Dec 2012

Jan 2013

Feb 2013

Mar 2013

Performance

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V. February – March 2013

• The valid leadership decided to withdraw.

• New leadership was selected (amongst the “Nine), disregarding public outcry.

• New leadership:

Chairperson

(Siti Nur Laila)

Deputy I

(Imdadun Rachmat)

Deputy II

(Dianto Bachriadi) 15

Impact

• Poor performance

• Failure to respond to various human rights violations

• Loss of internal cohesion (amongst commissioners; between commissioners and staff)

• No credibility and loss of public trust

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Conclusion

• As HRD, Komnas HAM has failed to address the dissatisfaction of the stakeholders; their insistence on "independence" in the face of widespread demand for accountability on their decision further undermined the Komnas HAM's credibility.

• As HRD, Komnas HAM has failed to provide a convincing argument in support of the amendment; and information gathered by the Coalition from the Komnas HAMs’ staff gave rise to suspicion of the true motives behind the proposal.

• The lack of trust and fractured internal cohesion prevented Komnas HAM from providing adequate service and further ineffective in fulfilling its mandate.

• Time spent in dealing with this matter has exhausted the Komnas HAM of its precious time and energy that could have been better spent on actual NHRI work.

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Appeal

The Coalition appeals to the international

community to send a message to KOMNAS

HAM to return to "Human Rights" as the main

concern and competence of the NHRI; at least by

reviewing it’s course of action and decision taken

regarding the annual leadership change, as well as

its impact on the effectiveness of the Commission

for the protection and promotion of human rights

in Indonesia.

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THANK YOU

Institute for Policy Research and Advocacy (ELSAM) Jl. Siaga II No.31 Pejaten Barat, Pasar Minggu Jakarta Selatan INDONESIA – 12510 www.elsam.or.id

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