To Protect the Defenders Doing the Most Possible, Continuing to Do What Has to Be Done

Published date01 March 2008
AuthorAsmara Nababan
DOI10.1177/016934410802600108
Date01 March 2008
Subject MatterPart C: Appendices
Netherlands Q uarterly of Human R ights, Vol. 26/1, 139–148, 2008.
© Netherlands I nstitute of Human Rig hts (SIM), Printed in the Net herlands. 139
PART C: APPENDICES
TO PROTeCT THe DefenDeRs
DOInG THe MOsT POssIble, COnTInUInG
TO DO WHaT Has TO be DOne
A N*
1. INTRODUCTION
Allow me to start my lecture by highlighting several important issues brought to notice
by the visit of the UN Special Representative of the Secretary-Genera l on the Situation
of Human Rights Defenders, Ms Hi na Jilani, to Indonesia f rom 5–12 June 20 07. In
a press release aer her visit, M s Hina Jilani s tated that the situat ion in Indonesia
has show n the prospe cts for t he promotion of human rig hts, which in her opinion
have va stly improved lately.1 Ms Hina Jila ni based her opinion on several p ositive
steps taken to strengthen the lega l and institutional framework for the promotion
of human r ights. Wit h regard to the lega l fra mework, Ms Hina Jilani specically
mentioned the Constitutional Amendments of 2002 which contain stipulations that
guarantee t he fullment of human rights a nd basic freedoms, the passing of Law No.
39/1999 concerning Human Rights, and the L aw on Witness and Victi m Protection,
namely Law No. 13/2006. Here, I would like to add the ratication of several major
international huma n rights instruments, such as the Internationa l Covenant on
Economic, Soc ial and Cu ltural Rights and the International Covenant on Civil and
Political Rig hts.2 With respect to inst itutional development, Ms Jilani referred to the
establishment of the National C ommission of Human R ights with a st ronger legal
basis (i.e. Law No. 39/1999),3 the National Commission on Violence Agains t Women,
* e author is the executive director of Demos in I ndonesia, as wel l as former member of t he Fact
Finding Team for the Murder of Munir. is paper was w ritten for the Munir Memorial L ecture, 13
September 200 7, Utrecht, the Netherlands.
1 Press Release. UN Special Representative of the Secretary-Gener al on the Situation of Human Rights
Defenders Concludes Visit to Indonesia, 21 June 2007, www.unhcr.ch /huricane/hur icane.nsf/view 0
1/54B4138C66CE 4B53BC12572F8005C4AC8?opendocu ment, para. 5 (accessed on 26 Ju ly 2007).
2 Both Covenants were r atied by Indonesi an law in 20 05, see Laws No. 11/200 5 on the Rati cation
of the Internationa l Covenant on Economic , Social and Cultural Rights and No. 12/2005 on the
Ratication o f the International Cove nant on Civil and Politic al Rights.
3 e National Commission of Hum an Rig hts was origina lly est ablished i n 1993 during the New
Order Regime, it s only legal basis bein g a Presidential Decree , Keppres 50/1993.

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