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Strengthening National Human Rights Institution: An Indonesian Perspective

Saudian, Muhammad LU (2013) JAMM04 20131
Department of Law
Abstract
Human rights have been a core concern of the United Nations since its inception. The responsibility to respect, protect and fulfill human rights lies with States. They ratify international human rights instruments and are required to create mechanisms to safeguard human rights. When States ratify a human rights instrument, they have to ensure that the rights become part of or are recognized by the national legal system. States are required to take all appropriate steps, including but not only legislative steps, to ensure that rights are realized at the State level. These steps are what is meant by effective national implementation and this has generated much international interest and action. The emergence or re-emergence of democratic... (More)
Human rights have been a core concern of the United Nations since its inception. The responsibility to respect, protect and fulfill human rights lies with States. They ratify international human rights instruments and are required to create mechanisms to safeguard human rights. When States ratify a human rights instrument, they have to ensure that the rights become part of or are recognized by the national legal system. States are required to take all appropriate steps, including but not only legislative steps, to ensure that rights are realized at the State level. These steps are what is meant by effective national implementation and this has generated much international interest and action. The emergence or re-emergence of democratic rule in many countries has focused attention on the importance of democratic institutions like National Human Rights Institutions as one of the key factors in implementing international obligations.

The establishment of national human rights institutions should be effective and have the eligibility to be called as a national institution. For this reason, the establishment of national human rights institutions must meet the elements set out in international standards regarding the establishment of national human rights institutions as mentioned in the 1991 Paris Principles relating to the Status and Functioning of National Institutions for The Protection and Promotion of Human Rights. Establishing National Human Rights Institutions (NHRIs) has become phenomenon in nearly all parts of the world. This phenomenon is enough to show the applicative nature of the Paris Principles.

In Indonesia, the National Commission on Human Rights (Komnas HAM) was established since 1993. It is one of the national human rights institution established as a focal point with the purposes envisaged above. It was established under the Paris Principles as the benchmark. According to several international and regional bodies, some of the national human rights institutions have been fully in line with the Paris Principles including the Indonesian Commission. Nevertheless, 20 years since its establishment, the fact is still far from what is expected. Violations often occur especially involving the elements of government which should be the vanguard in the promotion and protection of human rights.

Pointing out to the reality in Indonesia, with the presence of the dynamics and complexities of socio-political situations, the purpose of the establishment of NHRIs to ensure the promotion and protection of human rights at the national level still raises questions. In the era of today's world, the dynamics configuration of the socio-politics that lead to human rights violations are always evolving and seems that it could not be resolved by relying on the existing institutional mechanisms.

Therefore, this study dwelled on strengthening the commission’s effectiveness by relying on empirical materials. Furthermore, it has assessed and analyzed how far the Commission fulfills its mandates within the complexities of the socio-political condition in Indonesia. It is an attempt to see beyond the application of the Paris Principles. Since the application of human rights responsibility is always under the frame of government’s political will, the author step out from the frame and see how a complementary institutions might strengthen the National Commission to the promotion and protection of human rights in Indonesia.

This study is categorically divided in five chapters. Chapter one is basically containing components such as background to the problem, relevance of the problem, aims and objectives of the study and contemplated methodology. Literature review and the need for additional study, and study significance are also other issues discussed in this part.

Chapter two seeks to unveil the historical background on the notion of National Human Rights Institution. Starts from the different initiatives taken within the United Nations Framework on the evolution and strengthening of national human rights institutions until the adoption of the 1991 Paris Principles. It is also highlighted the 1993 World Conference on Human Rights and its outcomes in relation to the positive development of the work of NHRIs. Follow by defining the notion of NHRIs and the mechanism of its establishment. Some of the key criteria in the process of establishing a national institution also elaborated.

Chapter three elaborates national commission on human rights in Indonesia and other national institutions which is also working under the framework of promotion and protection of human rights. It described the history to the establishment, their powers, competence, institutional guiding factors, core values, vision and mission.

Chapter four is the assessment on the effectiveness of the human rights institutions in Indonesia from the victim's perspective. This chapter started with defining the tool for conducting the assessment, reasoning behind the choice of the tools and so on. Finally, it is closed by the last chapter with concluding remarks and recommendations. (Less)
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author
Saudian, Muhammad LU
supervisor
organization
course
JAMM04 20131
year
type
H2 - Master's Degree (Two Years)
subject
language
English
id
3947189
date added to LUP
2013-09-06 15:28:13
date last changed
2013-09-06 15:28:13
@misc{3947189,
  abstract     = {Human rights have been a core concern of the United Nations since its inception. The responsibility to respect, protect and fulfill human rights lies with States. They ratify international human rights instruments and are required to create mechanisms to safeguard human rights. When States ratify a human rights instrument, they have to ensure that the rights become part of or are recognized by the national legal system. States are required to take all appropriate steps, including but not only legislative steps, to ensure that rights are realized at the State level. These steps are what is meant by effective national implementation and this has generated much international interest and action. The emergence or re-emergence of democratic rule in many countries has focused attention on the importance of democratic institutions like National Human Rights Institutions as one of the key factors in implementing international obligations.

The establishment of national human rights institutions should be effective and have the eligibility to be called as a national institution. For this reason, the establishment of national human rights institutions must meet the elements set out in international standards regarding the establishment of national human rights institutions as mentioned in the 1991 Paris Principles relating to the Status and Functioning of National Institutions for The Protection and Promotion of Human Rights. Establishing National Human Rights Institutions (NHRIs) has become phenomenon in nearly all parts of the world. This phenomenon is enough to show the applicative nature of the Paris Principles. 

In Indonesia, the National Commission on Human Rights (Komnas HAM) was established since 1993. It is one of the national human rights institution established as a focal point with the purposes envisaged above. It was established under the Paris Principles as the benchmark. According to several international and regional bodies, some of the national human rights institutions have been fully in line with the Paris Principles including the Indonesian Commission. Nevertheless, 20 years since its establishment, the fact is still far from what is expected. Violations often occur especially involving the elements of government which should be the vanguard in the promotion and protection of human rights. 

Pointing out to the reality in Indonesia, with the presence of the dynamics and complexities of socio-political situations, the purpose of the establishment of NHRIs to ensure the promotion and protection of human rights at the national level still raises questions. In the era of today's world, the dynamics configuration of the socio-politics that lead to human rights violations are always evolving and seems that it could not be resolved by relying on the existing institutional mechanisms. 

Therefore, this study dwelled on strengthening the commission’s effectiveness by relying on empirical materials. Furthermore, it has assessed and analyzed how far the Commission fulfills its mandates within the complexities of the socio-political condition in Indonesia. It is an attempt to see beyond the application of the Paris Principles. Since the application of human rights responsibility is always under the frame of government’s political will, the author step out from the frame and see how a complementary institutions might strengthen the National Commission to the promotion and protection of human rights in Indonesia.
 
This study is categorically divided in five chapters. Chapter one is basically containing components such as background to the problem, relevance of the problem, aims and objectives of the study and contemplated methodology. Literature review and the need for additional study, and study significance are also other issues discussed in this part.

Chapter two seeks to unveil the historical background on the notion of National Human Rights Institution. Starts from the different initiatives taken within the United Nations Framework on the evolution and strengthening of national human rights institutions until the adoption of the 1991 Paris Principles. It is also highlighted the 1993 World Conference on Human Rights and its outcomes in relation to the positive development of the work of NHRIs. Follow by defining the notion of NHRIs and the mechanism of its establishment. Some of the key criteria in the process of establishing a national institution also elaborated.

Chapter three elaborates national commission on human rights in Indonesia and other national institutions which is also working under the framework of promotion and protection of human rights. It described the history to the establishment, their powers, competence, institutional guiding factors, core values, vision and mission.

Chapter four is the assessment on the effectiveness of the human rights institutions in Indonesia from the victim's perspective. This chapter started with defining the tool for conducting the assessment, reasoning behind the choice of the tools and so on. Finally, it is closed by the last chapter with concluding remarks and recommendations.},
  author       = {Saudian, Muhammad},
  language     = {eng},
  note         = {Student Paper},
  title        = {Strengthening National Human Rights Institution: An Indonesian Perspective},
  year         = {2013},
}