Indonesia continues efforts to develop a National Action Plan on business & human rights

On 19 June 2015, the National Commission for Human Rights (Komnas HAM) and the NGO ELSAM announced they are in the process of drafting a National Action Plan on business and human rights in Indonesia.

In 2017, Komnas HAM, the country's national human rights institution, released its recommended National Action Plan on Business and Human Rights.

To date, the Ministry of Law and Human Rights has announced the plan to launch a national action plan, focusing first on three sectors: plantations, mining, and tourism. 

This thread follows the development of this process.

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Article
6 October 2019

Copy of the Indonesia NAP on BHR

Author: KOMNAS HAM & ELSAM

The National Action Plan on Business and Human Rights by KOMNAS HAM and ELSAM was launched in May 2017. The full document is linked here. 

To date, the Ministry of Law and Human Rights is also developing a NAP to focus on three sectors: plantations, mining, and tourism. Consultations are still on-going.

 

 

Download the full document here

Article
6 October 2019

Indonesia: Govt sees implementation of NAP on BHR in 2020; eyes three sectors -mining, plantation, & tourism

Author: Adrian Wail, The Jakarta Post

"Govt to establish national action plan on business and human rights," 03 October 2019

The Law and Human Rights Ministry is looking to establish a national action plan to promote principles of human rights in businesses activities.

The ministry’s foreign affairs subdirectorate head, Andi Taletting Langi, said the country would need a national action plan that would serve as a guideline for companies in upholding human rights, adding that it aimed to build private firms’ awareness that their products had an impact on human rights.

Andi said the government would first focus on three sectors, namely plantations, mining and tourism. “If we talk about plantations then it would be about their environmental impact and in mining [industry], many companies do not revitalize holes created by their activities, despite the holes causing pollution in the surrounding area.”

Andi added that the guideline would be implemented nationally by next year as the ministry was waiting for President Joko “Jokowi” Widodo to sign it. He, however, did not say whether companies would face penalties for failing to comply with the guideline.

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Article
+ 日本語 - Hide

Author: エイドリアン・ウェイル、ジャカルタ・ポスト

「ビジネスと人権に関する国家行動計画を策定する政府」2019年10月3日

法務人権省は、企業活動における人権の原則を促進するための国家行動計画(NAP)を確立しようとしています。
同省の外務副局長であるアンディ・タレッティング・ランギ氏は、人権を支持する企業の指針となる国の行動計画が必要であり、自社の製品が人権に影響を与えるというリスクを民間企業が認識することを目的としている、と述べています。

アンディ氏は、政府はまず3つのセクター、プランテーション、鉱業、観光に焦点を合わせると述べました。 「プランテーションについて話すなら、彼らが環境へ与えている影響に関することになります。また、鉱業[産業]においては、多くの企業は、周辺地域を汚染しているにも関わらず、活動によって生じた問題を処理再生していません。」

アンディ氏は、ジョコ・「ジョコウィ」・ウィドド大統領の署名を待って、来年には全国的にガイドラインが実施されると付け加えました。しかし、企業がガイドラインを順守しなかった場合に、罰則があるかどうかについては言及しませんでした。

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Article
25 June 2017

Indonesia publishes National Action Plan on business & human rights; first to launch NAP among Asian countries

Author: FIHRRST

"Indonesia Launches National Action Plan on Business & Human Rights," 16 June 2017

...Indonesia joined...fourteen other nations who had previously published a National Action Plan on Business and Human Rights (NAP).

...The unveiling marked the next stage in a process that had begun in September 2014 under the prime steerage of the National Commission on Human Rights (Komnas HAM) and the Institute for Policy Research and Advocacy (ELSAM)... This is not an unusual situation, as Komnas HAM chair, Nur Kholis noted in his welcoming address, as a number of countries have designated formulation of the National Action Plan to their national Human Rights Commission.

...Indonesia is the first country in ASEAN [indeed, Asia] to actually join those that have published their NAP on business and human rights... 

...The National Action Plan now provides a requirement for ministries, institutions and local governments to play their part within their jurisdiction, while further legislation will come at the presidential level.

...Wahyu Wagiman, Executive Director of ELSAM was insistent that the NAP would not only promote human rights and reduce the rate of human rights violations, but also act as a guideline for the government to enact coherent legislation that supports implementation of the Guiding Principles, particularly in the area of the remediation mechanism as this has yet to work optimally in Indonesia.

In closing...we return to the words of Marzuki Darusman, chair of FIHRRST, who traced the path from the days when corporate social responsibility and the environment were the main concerns and how they have since been enveloped within human rights. Moreover, it was not lost on him that the government has adhered to the "requirements" rather than the "voluntary" principle. Looking forward, it is his belief that “respect for human rights by corporations will, in the near future, become the new norm in Indonesia.”

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Article
20 January 2016

Indonesia: Human rights comission to launch natl. action plan on business & human rights

Author: Hans Nicholas Jong, Jakarta Post (Indonesia)

"Komnas to launch rights guidelines for business", 19 Jan 2016

The National Commission on Human Rights (Komnas HAM) is ready to launch a national action plan on business and human rights on the back of rampant human rights abuses committed by corporations...“This plan will regulate how companies should pay more attention to human rights, how the government could do more against corporations that fail to protect human rights, and support for victims,” [Nur Kholis, Komnas HAM chariman] told The Jakarta Post...

Komnas HAM commissioner Dianto Bachriadi said the commission received more than 1,000 reports in 2015 in which companies were accused of treating their employees unfairly...Most of the companies were also accused of illegally taking over land from local and indigenous people...

...“The number of companies that have complied with human rights principles continues to be small, maybe just 2 or 3 percent. This is a big challenge for Indonesia, which is now on the world stage but continues to struggle within. So if our companies want to go global, it will be difficult because their products have to meet international standards,” Indonesian Employers Association...head of labor department Harijanto said...

“This action plan is only for businesses. This plan will regulate how companies should pay more attention to human rights, how the government could do more against corporations that fail to protect human rights, and support for victims,” he told The Jakarta Post.

The action plan is crucial as currently there are no guidelines for stakeholders to resolve major issues such as labor disputes over low wages, the primacy of human rights over business interests and the debate over profits and workers’ rights. - See more at: http://www.thejakartapost.com/news/2016/01/20/komnas-launch-rights-guide...

The National Commission on Human Rights (Komnas HAM) is ready to launch a national action plan on business and human rights on the back of rampant human rights abuses committed by corporations. - See more at: http://www.thejakartapost.com/news/2016/01/20/komnas-launch-rights-guide...
The National Commission on Human Rights (Komnas HAM) is ready to launch a national action plan on business and human rights on the back of rampant human rights abuses committed by corporations. - See more at: http://www.thejakartapost.com/news/2016/01/20/komnas-launch-rights-guide...

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Article
16 September 2015

Preparation meeting for a Nation Action Plan on Business and Human Rights; panellists highlight importance of regional guidelines

Author: Human Rights Resource Centre

“Is a Regional Action Plan on Business and Human Rights Needed?”, 1 Sept 2015

 …[T]he HRRC attended a half-day event on “Business and Human Rights Guidelines for ASEAN Community Post-2015.”…Mr. Rafendi Djamin…emphasized that the concept of CSR is often misunderstood by CSOs as merely a window dressing exercise done by business actors. Highlighting the importance of realizing business and human rights in Indonesia, he cited as example the Jati Gede project, where the Chinese investor ignorantly said that they have no business with the livelihood of the communities to be displaced, placing the sole responsibility for the displacement and provision of remedy in the hands of the State…The panel also discussed the viability of having prevention and enforcement mechanisms for corporations, as well as the importance of having a regional commitment or guideline on BHR. Several possibilities of improvement were offered, including defining a clearer role for NHRIs in this field and better dissemination of business and human rights principles and the aims of the ASEAN Economic Community at the national level…Mr. Djamin said that regional guidelines are crucial and even pressing especially due to the impending free flow of capital and labor within ASEAN… 

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Article
22 June 2015

National Commission for Human Rights to prepare National Action Plan on business & human rights, amid widespread abuses

Author: Jakarta Post

"Human rights guidelines prepared for businesses", 20 June 2015

The National Commission for Human Rights (Komnas HAM) said...it was preparing guidelines to change business practices to better accommodate human rights. The commission’s Business and Human Rights desk head, Nur Kholis, said the commission was compiling the guidelines, called the National Action Plan on Human Rights, after receiving many reports on human rights abuses by business groups throughout the country. “The state is not the only culprit in human rights violations, companies can also share the blame,” Nur Kholis [siad]...Nur Kholis said the guidelines aimed at preventing future human rights violations that occur as a negative impact of a company’s operations. The guidelines would be binding on all companies operating in Indonesia, he said. “The action plan is being prepared to make companies responsible for the negative impacts resulting from their operations. So far, only the state has been held responsible for human rights abuses. We want companies to take responsibility too,” Nur Kholis said. Indonesia’s current human rights laws and regulations are not strong enough to ensure the protection of human rights in the business sector. In fact, Nur Kholis said, there was a dearth of laws that regulated the human rights aspects of business, which led to widespread abuse. In 2012, the commission recorded 1,009 reports of human rights abuses committed by companies, making business groups the second-biggest human rights violator after the police. “The negative impacts will continue if we don’t regulate business behavior,” he said...In the guidelines, Corporate Responsibility Programs (CSR) as one aspect of corporate practices would also be subject to scrutiny....“We want to change the nature of CSR from charity-based programs to public policy-based actions that will have a greater impact on society and the environment,” he said.  When the guidelines are put into effect, companies would be required to protect the environment, to provide appropriate work conditions for their employees, and to preserve local customs and traditions in operational areas, Nur Kholis said.

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Item
22 June 2015

Press release

Author: National Human Rights Commission (Komnas HAM) & Institute for Policy Research and Advocacy (ELSAM)

"The Urgency of Developing the National Action Plan on Business and Human Rights in Indonesia", 19 June 2015

...[I]n order to prevent and minimalize the negative impacts of business operations towards the human rights and environment, as well as in the attempt to make corporation as one of the actors responsible for  development process in Indonesia,  the National Human Rights Commission recommends that there should be a National Action Plan that can provide ways for the Government to make corporations as important actors to be involved in the States’ development through its business operations, including making human rights as an integral part of their business activities.  This National action plan hopefully will provide ways regarding which regulations should be developed and which should be adapted through the corporates’ responsibilities towards respecting, protecting, and giving access to remedy of the human rights. 

Press release in Bahasa Indonesia

 

Download the full document here