Dibangun oleh Ken Budha Kusumandaru untuk Perwakilan Indonesia pada ASEAN Intergovernmental Commission on Human Rights Januari 2015 Follow @kenndaru Like my FB page https://www.facebook.com/Shangrila.TheHiddenCity

Press Release: Celebrating Human Rights Day 2015 and ASEAN Community: Promoting Freedom of Religion and Beliefs, Nurturing Tolerance in ASEAN

Film Screening & 5th Public Discussion on Human Rights in ASEAN

7 December 2015

Erasmus Huis Jakarta

Through the ASEAN Human Rights Declaration (AHRD) and the Phnom Penh Statement on the Adoption of the AHRD, it is recognised that “every person has the right to freedom of thought, conscience and religion. All forms of intolerance, discrimination and incitement of hatred based on religion and beliefs shall be eliminated” (Article 22). Thus, the AHRD does not only recognise freedom of religion and beliefs in ASEAN as enshrined in United Nations Declaration of Human Rights (UDHR) 1948, also calls for elimination of intolerance, discrimination and all forms of violence based on any religious means. Mr. Rafendi Djamin highlighted the idea as he officiates the Public Discussion on “Freedom of Religion & Beliefs, and the Challenges of Intolerance in ASEAN”.

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As Representative of Indonesia to the ASEAN Intergovernmental Commission on Human Rights (AICHR), Mr. Rafendi Djamin hosted the Public Discussion in conjunction with Human Rights Day, which is celebrated on 10 December every year. It was convened with the general objective to raise awareness and engagement of national stakeholders and the general public on human rights issues of concern to ASEAN as a region. The event brought together over ninety (90) participants – coming from government institutions, national human rights institutions (NHRIs), students and academes, national and regional NGOs, as well as members of the diplomatic corps in Jakarta.

Prior to the Discussion, participants were treated with a screening of ‘Timbuktu’ – a film that was based on true events derived by religious extremism, and was nominated for ‘Best Foreign Language Film’ at the 2015 Academy Awards.

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The Discussion welcomed honourable guest speaker H.E. Abdurrahman M. Fachir, Vice Minister for Foreign Affairs of the Republic of Indonesia, and also Prof. Dr. H.M. Machasin, MA, Director-General for Islamic Community Guidance, Ministry of Religious Affairs of Indonesia. Both speakers underlined that tolerance amongst the pluralistic society has shaped and united Indonesia as a nation, which dates back before the colonial times. Moreover, Indonesia has been active internationally in promoting interfaith as well as intra-faith dialogues – to safeguard, among others, tolerance and the freedom to embrace one’s religion or belief. Such characteristics of this country should be able to meet the emerging challenges on intolerance and violence in Indonesia, as well as ASEAN. In the digital era of social media, the speakers call upon the young generations to highlight positive posts in order to uphold tolerance in society.

In the ASEAN context, Mr. Rafendi Djamin highlighted that Indonesia has been promoting the issue of freedom of religion and beliefs to be undertaken as a priority of the AICHR. Indeed, the ‘implementation of article 22 of the AHRD on freedom of religion and beliefs’ has been adopted as part of the AICHR’s Priority Programmes/Activities for 2016, where Indonesia will be the lead country in realising the programme. This activity is in line with the new ASEAN Political-Security Community Vision-2025: Embed the culture of peace, including the values of tolerance and moderation as a force for harmony, peace and stability in our region and beyond”. It is also hoped that points from the Discussion could act as reference for the Representative of Indonesia in formulating the concept of such programme.

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The Discussion was the 5th and last of the series of Public Discussion and Debate on human rights in ASEAN – a collaboration between the Representative of Indonesia to the AICHR with the Embassy of the Kingdom of the Netherlands. For Mr. Rafendi Djamin, it was the final event of the year in his capacity as Representative of Indonesia to the AICHR, before completing his mandate. He expressed his high appreciation to H.E. Rob Swartbol, Ambassador of the Kingdom of the Netherlands to Indonesia, and the Embassy of the Kingdom of the Netherlands, for a fruitful and constructive partnership in organising the Public Discussion and Debate series, and their generous support for AICHR Indonesia.

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Press Release: Advocating for a More Constructive Engagement with Stakeholders, and a Fond Farewell

The Nineteenth (19th) Meeting of the

ASEAN Intergovernmental Commission on Human Rights (AICHR)

27 – 29 November 2015

Kuala Lumpur, Malaysia

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Indonesia reaffirmed its position in encouraging the AICHR to continue engaging constructively with stakeholders in the promotion and protection of human rights in ASEAN. Despite being the final meeting of the year, and the farewell meeting for most Representatives (including himself), Rafendi Djamin continued his active role to advocate various issues as the Representative of Indonesia to the Commission. As head of the Indonesian Delegation during the 19th Meeting of the AICHR, Rafendi re-tabled several proposed activities, and put forward a new initiative for the AICHR to be carried out in 2016.

Indonesia, in collaboration with Thailand, re-proposed two (2) Thematic Studies to be carried out – namely on the Right to Life, with focus on safeguarding the protection of the rights of people facing death penalty; and on the Juvenile Justice System, with a view to develop guidelines/framework on the regional juvenile justice system that could be referred to by ASEAN Member States in their own judicial system. Rafendi Djamin hoped that the incoming new Representative of Indonesia would carry on the negotiations to implement the aforementioned Thematic Studies, in collaboration with the Representative of Thailand.

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Following up on the recommendations of the recent successful AICHR-SOMTC Joint Workshop on Trafficking in Persons and Human Rights in Yogyakarta, Indonesia has proposed for an “AICHR Annual Consultation on Human Rights-based Approach on the Implementation of the ACTIP and its ASEAN Plan of Action (APA)”. The consultation aims for collating best practices on human rights-based approach in preventing, protecting and rehabilitating victims of trafficking in persons as well as providing a forum for AICHR and relevant ASEAN sectoral bodies to constructively engage with the Senior Officials Meeting on Transnational Crime (SOMTC) and contribute in the development of the roadmap on implementation of the ACTIP and APA. The proposal was supported in principle by the meeting and Indonesia was applauded for the for its initiative as well as for the successful convening of the Workshop in Jogjakarta.

Indonesia, as a member of screening panel, called on the endorsement of all application by the CSOs for Consultative Relationship with AICHR. Indonesia is of the view that critics by the CSO could be used as a motivation for AICHR to further progress and therefore should not be the basis for not accepting the application. The sixteen (16) applications by CSOs for Consultative Relationship with the AICHR are currently pending for the AICHR’s subsequent ad-referendum approval in mid-December.

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The final day of the Meeting witnessed the handover of Chairpersonship of the AICHR from Malaysia to Lao PDR. As a parting gimmick, Rafendi Djamin presented an appreciation video, especially for the outgoing Representatives whose term ends along with the end of Malaysia’s Chairpersonship. Indonesia along with other Representatives conveyed their compliments and appreciation to all Representatives, and especially to H.E. Tan Sri Dato’ Sri Dr. Muhammad Shafee Abdullah for his able leadership as Chair of the AICHR, and for being the most gracious host of the final meeting of the AICHR in 2015.

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It is expected that in December 2015, or by January 2016, at least seven (7) ASEAN Member States (including Indonesia) will announce the appointment of its new Representative to the Commission. As he comes to full circle to complete his two terms as the Representative of Indonesia, Rafendi Djamin looked forward to Indonesia’s continuing role in leading the promotion and protection of human rights in ASEAN through the AICHR, by his incoming successor.

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PRESS RELEASE OF AICHR INDONESIA: AICHR – SOMTC JOINT WORKSHOP

Human Rights-based Approach to Combat Trafficking in Persons,
Especially Women and Children

5 – 6 November 2015
Yogyakarta, Indonesia

 

Participants of the AICHR-SOMTC Joint Workshop

As ASEAN draws closer to the adoption of the ASEAN Convention on Trafficking in Persons, Especially Women and Children (ACTIP) and the ASEAN Plan of Action (APA), the ASEAN Intergovernmental Commission on Human Rights (AICHR) and Senior Officials Meeting on Transnational Crime (SOMTC) organised its first ever joint workshop on “Human Rights-based Approach to Combat Trafficking in Persons, Especially Women and Children”. Among its objectives is an exchange of ideas between the AICHR, SOMTC, and other relevant ASEAN bodies/sectoral bodies on how human rights and gender perspective should be applied under the ACTIP and its APA.

The Representative of Indonesia to the AICHR, Mr. Rafendi Djamin, underlined that no ASEAN Member State (AMS) is free from the issue of trafficking of women and children, and that it takes place in any form – whether during or after disasters, in the movement of migrant labour, irregular migration caused by war, internal armed conflict, as well as extreme poverty. He emphasised that all forms of trafficking – including force labour, sex labour, or child force labour – are against human dignity and should not exist in modern era. He further stated that trafficking does not come in vacuum, but could be the excess of poverty, irregular migration, war and natural disaster. Finally, he identified that the crosscutting nature of trafficking of women and children could be a start for better cooperation and/or coordination amongst relevant organs/bodies/sectoral bodies of ASEAN.

ASEAN Sectoral Bodies leaders

The Joint Workshop brought together more than seventy (70) participants – coming from the AICHR, SOMTC, various relevant ASEAN bodies/sectoral bodies, ASEAN Secretariat, relevant government agencies of AMS, National Human Rights Institutions of AMS, regional civil society organisations (CSOs), and United Nations (UN) specialised agencies.

The Chair of SOMTC, H.E. Sieng Lapresse, preceded discussions with his Keynote Remarks – where he called upon participants to look into the affirmations contained in the ASEAN Human Rights Declaration (AHRD) and the Phnom Penh Statement on the Adoption of the AHRD such as “to live in dignity”, freedom from “arbitrary interference with his or her privacy including personal data”, and “the right to free choice of employment”. He addressed that ASEAN should concentrate on the identification of the root cause on trafficking in persons. He viewed the Joint Workshop as the relevant forum and best opportunity for all stakeholders to initiate the development of the right legal structure and policies – building upon existing international law; the UN Convention against Transnational Organised Crime and the Protocol to Prevent, Suppress and Punish Trafficking in Persons; Protocol against Smuggling of Migrants by Land, Sea and Air; as well as the ASEAN Convention and ASEAN Plan of Action against Trafficking in Persons, Especially Women and Children.

The session is fully packed

Discussions during plenary sessions touched upon human rights perspective on regional initiatives, priorities, as well as policies in combating trafficking in persons (TIPs); application of rights-based approaches towards the implementation on prevention of and protection from TIPs; and highlighted the issue of vulnerability of the people affected by disaster that could become victims of TIPs. Following joint presentation by the ASEAN Committee on Disaster Management (ACDM), ASEAN Coordinating Centre for Humanitarian Assistance on disaster management (AHA Centre), and Disaster Management and Humanitarian Assistance (DMHA) Division of the ASEAN Secretariat, discussions on TIPs for the first time looked into how it could be prevented and punished in situations of natural, as well as man-made disasters.

Following the Joint Workshop, a special closed discussion session between the AICHR, SOMTC, and relevant ASEAN organs/bodies/sectoral bodies was held – aimed to synthesize their efforts in the prevention, protection, and cooperation in addressing the issue of TIPs. The session finally generated recommendations on possible ways forward to further cooperation. Amongst the possible ways forward, whether already put forward in a work plan of each ASEAN bodies, or in form of a developing idea, include – discussions to raise awareness and understanding on ACTIP and APA after its adoption; an annual meeting between the AICHR, SOMTC, ASEAN Commission on the Promotion and Protection of the Rights of Women and Children (ACWC), Senior Officials Meeting on Social Welfare and Development (SOMTC) and other ASEAN sectoral bodies related to the issue of TIPs; inviting each other in any activities related to TIPs and human rights; information sharing on programmes of activities on TIPs; identifying areas of cooperation on mutual interest as part of the implementation of ACTIP and APA (e.g. victims of TIPs identification); and the socialisation on the ACWC’s ‘Guidelines on Protection of Women in Trafficked Situations’ through consultation with other ASEAN bodies/sectoral bodies – following its expected adoption in the upcoming 27th ASEAN Summit.

A session chaired by Thailand Representative to AICHR


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Press Release: Indonesia’s Role in Encouraging the Synergy of ASEAN Human Rights Mechanisms in Strengthening the Protection of Women and Girls from Violence

5 October 2015
Caraka Loka, Ministry of Foreign Affairs of the Republic of Indonesia

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“The ASEAN Intergovernmental Commission on Human Rights (AICHR) always endeavours to synergise with other ASEAN organs/sectoral bodies in the promotion and protection of human rights.” Such was stated by Rafendi Djamin, Representative of Indonesia to the AICHR, while opening the Public Debate and Discussion “Strengthening the Protection Mandate of ASEAN Human Rights Mechanisms in Preventing and Eliminating Violence against Women and Girls in ASEAN”. The convening of such Public Debate and Discussion for the 4th time was a reflection of such endeavour by AICHR Indonesia to synergise, where the Representative of Indonesia to the AICHR collaborated with the Representatives of Indonesia to the ASEAN Commission on the Promotion and Protection of the Rights of Women and Children (ACWC) in addressing an issue of common interest for both Commissions. The organisation of the event was supported by Directorate-General of ASEAN Cooperation, Ministry of Foreign Affairs of the Republic of Indonesia, and Embassy of the Kingdom of the Netherlands.

Aside from the general objective to raise awareness and understanding, as well as provide a room for dialogue amongst national stakeholders on the issue of violence against women and girls in various situations in ASEAN; the Public Debate and Discussion has a specific aim to generate inputs from stakeholders for Representatives of Indonesia to ASEAN bodies/organs such as the AICHR, ACWC and ACMW (ASEAN Committee on the Implementation of the ASEAN Declaration on the Protection and Promotion of the Rights of Migrant Workers) in their effort to strengthen mandate for protection of women and girls. Additionally, for AICHR Indonesia, inputs from stakeholders may be utilised to formulate Road Map to Strengthen the Protection Mandate of the AICHR – an initiative of the Representative of Indonesia with the Representative of the Philippines to the AICHR.

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Four resource persons in the Public Debate and Discussion were Ms Sri Danti Anwar (Expert Staff of the Ministry for Women’s Empowerment and Child Protection of Indonesia, Representative of Indonesia to ASEAN Committee on Women) representing the government’s point of view, Ms Yuniyanti Chuzaifah (Chair of Commission on Violence against Women 2011-2015) representing an independent human rights institution, and Ms Rita S. Kolibonso (Chair of Mitra Perempuan, Representative of Indonesia to ACWC for Women’s Rights 2010-2014) and Ms Nursyahbani Katjasungkana (National Coordinator for LBH APIK) representing civil society’s point of view.

Over one hundred (100) national stakeholders – coming from ministries and government agencies, as well as academe, women’s empowerment and violence against women organisations, as well as other civil society organisations, electronic and print media, etc. – participated in the Public Debate and Discussion. The Forum was also attended by several Ambassadors, as well as representatives of ASEAN Dialogue Partners such as Japan, Republic of Korea, European Union, Finland, Norway, Switzerland, etc.

Discussions were divided into three clusters: (1) international and regional human rights standard as the legal basis for protection of rights of women and girls in ASEAN; (2) mechanism for ASEAN organs/sectoral bodies related to human rights issues (namely in relation to protection of rights of women and girls) in carrying out its mandates, as well as how to synergise and an efficient and effective division of work amongst them; and, (3) implementation of international as well as regional instruments at the national level, as well as best practices at the national level that could be taken up to the ASEAN level on the protection of the rights of women and girls.

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As a wrap-up to the discussions, the Representative of Indonesia came to the following conclusions:
·    Aside from CEDAW and CRC, there is a need to encourage ASEAN Member States in ratifying other international convention that relates to the prevention as well as elimination of violence against women and girls – such as the UN Convention against Torture, ILO Convention 89 on Domestic Workers, the UN Convention on Enforced Disappearances, and others. In relation to a legally binding human rights standard setting/norms, there is a need to ensure that ASEAN human rights norms do not downgrade the existing international standard. Furthermore, ASEAN should formulate certain guidelines on how to implement existing declarations. There was also a recommendation to develop a minimum standardised assistance to victims of violence against women and girls in ASEAN, which could be seen as form of strengthening protection mandate in the prevention and elimination of violence against women and girls.
·    One mechanism that was mentioned and/or proposed from Discussions was a Joint Task Force on the prevention and elimination of violence against women and girls in ASEAN. The Representative of Indonesia to the AICHR highlighted that such Joint Task Force was one that could very well be realised, and at the same time could be seen as a way to synergise amongst ASEAN organs/bodies in addressing human rights issues in the region. The Representative of Indonesia to the AICHR further underlined that another example of alignment of work among ASEAN organs/bodies is the upcoming AICHR-SOMTC (Senior Officials Meeting on Transnational Crime) Joint Workshop to address the issue of trafficking in persons, especially women and children, in the region.
·    Discussions also revealed that an obstacle on the prevention and elimination of violence against women and girls is the issue of minimum capacity and political commitment from government and politicians at the district/regency level in carrying out its human rights obligations.

In the event that the Public Debate and Discussion is first held at Caraka Loka, situated in the ASEAN-Indonesia National Secretariat, the AICHR Indonesia secretariat office is also launch – which was officiated formally by Ambassador I Gede Ngurah Swajaya, Chair of ASEAN-Indonesia National Secretariat.

The Representative of Indonesia to the AICHR will convene the 5th and final of the series of Public Debate and Discussions in early December 2015.


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Press Release: Follow-up to the AMM's Statement on the Review of the TOR of the AICHR to Strengthen the AICHR’s Protection Mandate and the ASEAN-EU Policy Dialogue on Human Rights Preparation

Special AICHR Meeting Manila 2015

Following-up to the recent Interface with the ASEAN Foreign Ministers Meeting (AMM), the ASEAN Intergovernmental Commission on Human Rights (AICHR) convened a Special Meeting in Manila, Philippines on 16-17 September 2015. The main objective for the Special Meeting was to follow-up the AICHR-AMM Interface, as well as to complete the implementation of activities under the AICHR’s Priority Programmes for 2015.

Rafendi Djamin, Representative of Indonesia to the AICHR, led the Indonesian Delegation throughout the Special Meeting. Following-up discussions of the AICHR-AMM Interface, Indonesia supported the common understanding to advise the AMM, in regards to the measures that must be undertaken by the AICHR on the review of its Terms of Reference (TOR).  

During discussions on the AICHR’s Thematic Studies, Indonesia proposed two new activities to be undertaken within the AICHR Priority Programmes for 2015/2016. Such activities are (1) “Thematic Study on the Right to Life” – with a focus on moratorium of the death penalty; and, (2) “Thematic Study on Juvenile Justice System in ASEAN” – with a focus on looking at alternative measures (i.e. diversion) on juvenile detention, with a view to develop Guidelines for Juvenile Justice in ASEAN. The above-mentioned proposals generated various views and inputs from Member States – namely the Concept Paper on the Thematic Study on the Right to Life. To that regard, the Representatives of Malaysia and Thailand reiterated their interest to be co-lead countries for the Thematic Study. The AICHR were supported the idea for the two Thematic Studies in principle. Based on the AICHR’s views and inputs, the Thematic Study on the Right to Life will focus on the human rights' protection of death row inmates. Moreover, the Thematic Study on Juvenile Justice System will be focused on diversion policy and alternative detention.

The AICHR also discussed the ways to move forward and expedite the completion of two on-going Thematic Studies. The “Thematic Study on Migration and Human Rights”, in which Indonesia is taking lead, is expected to conclude by end of this year. On the other hand, the “Thematic Study on the Right to Peace” which is being led by Lao PDR, is expected to be completed next year, under their Chairmanship of ASEAN and AICHR.

As per Indonesia’s initiative, the AICHR held a bilateral meeting with representatives from the Senior Officials Meeting on Transnational Crime (SOMTC) Philippines, as SOMTC's Lead Shepherd for the issue of trafficking in persons. The meeting was aimed to reach common understanding on the preparation of the “AICHR-SOMTC Joint Workshop on Human Rights-based Approach to Combat Trafficking in Persons, Especially Women and Children” – led by the Representative of Indonesia to the AICHR, and scheduled for early November 2015 in Yogyakarta, prior to the 27th ASEAN Summit.

Finally, the AICHR also underwent through final stages of preparation for the ASEAN-EU Human Rights Policy Dialogue, where the AICHR and other ASEAN organs and/or sectoral bodies related to human rights (i.e. ACWC, ACMW and the ASEAN Secretariat) will be visiting the European Union headquarter in Brussels, Belgium. Human rights issues that are of concerns to both regions – such as migration and human rights, rights of persons with disabilities, rights of women and children, business and human rights and corporate social responsibility are included in the Dialogue’s programme. The Representative of Indonesia to the AICHR, together with the Chair of ACMW, will be leading discussions on issues of migration and human rights in the two regions. Additionally, the AICHR is also scheduled to meet the European Parliament, representatives from European NGOs, representatives of persons with disabilities, as well as the European Business Community.

The AICHR will be holding its last Meeting under the Chairmanship of Malaysia at the end of November 2015 in Kuala Lumpur. It is expected that activities initiated and being led by Indonesia could be adopted by the AICHR at the said Meeting, for immediate implementation.

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