Statement by
Mr Jonny Sinaga
Member of Indonesian Delegation
to the 59th UNGA Session
On Agenda item
105 (a) : Implementation of Human Rights Instruments

New York, 26 October, 2004

Mr. Chairman,

Allow me at the outset to convey my delegation’s support to you and members of the Bureau in the consideration of this important agenda item.

The Indonesian Government attaches the utmost importance to the role of international human rights instruments in the promotion and protection of human rights. It is part of the national commitment of Indonesia to the promotion and protection of human rights, as promulgated by the highest law making body, the People’s Consultative Assembly (MPR) in decree No. XVII of 1998, which contains the Indonesian Human Rights Charter.

The 1945 Constitution was also amended several times in order to give stronger foundation and better implementation of the promotion and protection of human rights. It was further elaborated through the Human Rights Law 39/1999 and strengthened by Law 26/2000 on Human Rights Courts, which ensures that there is no impunity for violators of human rights in Indonesia. These can be categorized as the Indonesian Bill of Human Rights, which serve as the basis for further legalizations on human rights.

Indonesia has ratified or made accession to the primary international human rights instruments, including: Convention on the Rights of the Child, Convention on the Elimination of Discrimination against Women, Convention against Torture and Other Cruel and Inhumane or Degrading Treatment or Punishment, Convention on the Elimination of All Forms of Racial Discrimination, and Convention on the Political Rights of Women. Indonesia also has ratified International Convention against Apartheid in Sports, Optional Protocol to the Convention on the Elimination of Discrimination against Women, and eight core ILO conventions on the protection of workers.

On 22 September 2004 in New York, Indonesia’s Foreign Minister, Dr. N. Hassan Wirajuda, on behalf of the Government of Indonesia, signed the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families. The signing demonstrates the commitment of the Indonesian Government to doing its utmost to protect Indonesian workers and their families living overseas who number about three million people.

Indonesia is of the view that the ratification of international human rights instruments strengthens the national legal instrument on human rights, and supports the policy of national law reform and development that conform to internationally accepted norms, especially where there is an absence of national legislation on certain issues.

But ratification should not be an end in itself. My delegation is of the opinion that the implementation of these conventions is even more important. For this reason, Indonesia is doing its utmost to make sure that the reports of the implementation of those ratified conventions are submitted although this process is not also easy. For example, Indonesia has submitted its report on the implementation of the Convention on the Rights of the Child, Convention on the Elimination of Discrimination against Women, and the Convention against Torture and Other Cruel and Inhumane or Degrading Treatment or Punishment.

Mr. Chairman,

Although Indonesia has made progress, the conclusion of a successful election year in 2004 and the inauguration of a new government, only last week, would further facilitate the continuation of reforms on human rights initiatives. The support and cooperation of the international community would be an important contribution to this process, with the understanding that each nation has particular political, economic and social realities.

At present, as part of its concrete commitment to the promotion and protection of human rights, the Government of Indonesia is preparing to ratify some more international human rights instruments, such as the International Covenant on Civil and Political Rights, and the International Covenant on Economic, Social and Cultural Rights, International Convention on the Protection of the Rights of All Migrant Workers and Members of their Families, and the Statute of the International Criminal Court, as stated clearly in the second National Plan of Action on Human Rights for 2004-2008 which was adopted this year through Presidential Decree No. 40.

The objectives of the National Plan of action are to ensure the enhancement of respect, promotion, fulfillment and protection of human rights in Indonesia, taking into account the religious values, customs and cultural values of Indonesian people based on the 1945 Constitution of the Republic of Indonesia. Like the first National Plan of Action, the second one established a timetable for the attainment of concrete goals in six areas: the ratification of international human rights instruments; education on human rights issues; implementation in priority areas concerning human rights; and the domestic implementation of international human rights instruments, implementation of norms and standards; monitoring, evaluation and reporting.

During the first National Action Plan period, 1998-2003, some ground breaking legislation was introduced. Some of the ratified international human rights conventions were conducted during this first National Plan of Action. The Indonesian National Commission on Human Rights, Komnas HAM, which is independent of the Government, was given the right, by Human Rights Law 39/1999, to subpoena witnesses and obtain physical evidence in its investigation of human rights abuses.

Thus, this independent agency has substantial power to compel testimony, even from government officials, when investigating human rights issues. During this period, the existence of vulnerable groups such as children, youth, adults and women was further identified. The interests of these vulnerable groups will be further accommodated during the course of the second National Action Plan in 2004-2009.

In conclusion Mr. Chairman, Indonesia, in its efforts to fulfill its commitment to the protection of human rights, would continue to pay attention to the role of international human rights instruments.

Thank you, Mr. Chairman.