Statement by
Indonesian Delegation to the 58th UNGA Session
On Agenda items
117 (b), (c) and (e):
Human Rights Questions, Including Alternative Approaches for Improving The Effective Enjoyment of Human Rights and Fundamental Freedoms;
Human Rights Situations and Report of Special Rapporteurs and
Representatives; and
Report of The United Nations High Commissioner for Human Rights.

New York, 17 November, 2003

Mr. Chairman:

First of all, let me say that since its inception, the United Nations has recognized the importance of human rights. In article 1 of the Charter, it is clearly stated that one of the purposes of the United Nations is to achieve international cooperation in promoting and encouraging respect for human rights and fundamental freedom.

This was also emphasized in the Millennium Declaration in 2000. Paragraph 4 of the Declaration says, “We rededicate ourselves to support all efforts to uphold the sovereign equality of all States, respect for their territorial integrity and political independence, resolution of disputes by peaceful means and in conformity with the principles of justice and international law, the right to self-determination of peoples which remain under colonial domination and foreign occupation, non-interference in the internal affairs of States, respect for human rights and fundamental freedoms, respect for the equal rights of all without distinction as to race, sex, language or religion and international cooperation in solving international problems of an economic, social, cultural or humanitarian character.”

As we continue our deliberations on this important issue, let us remember that we are here together to seek a concrete path to the improvement of the human rights situation in our individual countries, in preparation for the next UN General Assembly. This is particularly significant in view of our current agenda item, which clearly states, “human rights questions, including alternative approaches for improving the effective enjoyment of human rights and fundamental freedoms.” This is not the time to focus on the shortcomings of other member states, but to discuss national experiences that might be of benefit to other members of this august body.

In this connection, my delegation also feels that it is time to reflect on how effective the role of human rights Special Rapporteurs was in helping Member States improve their human rights situation. A Special Rapporteur must realize his or her noble mandate: rather than merely report the negative situations in a particular country, he or she needs to focus on the more important subject of how to make the situation better.

My delegation is of the opinion that human rights and fundamental freedoms will be more effectively enjoyed by all human beings world wide, if we have the sincere spirit to do so. To give the impression that human rights are best implemented “in my own country or region” will certainly not produce the result we want to achieve. A better principle is certainly to “apply what we preach,” or as many speakers stated during the last session, “live by example.” The UN Secretary General has often said that if you live democratically in your own country, you have to live democratically also in other parts of the world. If we respect human rights in our country we should respect it outside of our boundaries.

Since so many issues are covered by our Committee on this agenda item, I would like only to raise some important issues that might be useful not only to my own country, but also for our deliberations as whole. Although Indonesia realizes that there is no single country in the world that can claim that it is free from violations of human rights--leaving room for improvement for all--I would not trap myself into criticizing others in this regard. Indonesia stands ready, however, to cooperate in the field of human rights as long as it is for the benefit of human beings; and as long as implementation is based on equality, and is neither politicized nor uses selectivity or discriminatory criteria.

Indonesia will continue to promote human rights, as this is a constitutional mandate and one of the foundations of our state, known as the realization of the civilized humanity. It is because of this conviction, Mr. Chairman, that human rights, in all their manifestations, continue to be an area of high priority for the Government of Indonesia, and remain one of the six fundamental working programs of the Government of President Megawati Soekarnoputri. That is why it is a pleasure for my delegation to once again participate in this discussion on human rights questions.
Indonesia has continued to strengthen the protection of fundamental human rights in the country as a part of the reform process. In the enjoyment of fundamental freedoms, there is a significant improvement in the freedoms of expression, peaceful assembly, and association.

As you well know, a five-year National Plan of Action on Human Rights was developed and adopted in 1998, in compliance with the Vienna Declaration and Programme of Action. It has been meticulously implemented since that time, and will shortly be succeeded by a second five-year National Plan, now being prepared, that will guide Indonesia until the end of 2009. The second Plan will consist of six pillars: the establishment and strengthening of the national mechanism on the promotion and protection of human rights; preparation to ratify international conventions; education and dissemination; national law harmonization; implementation of norms and standards; and monitoring, evaluation and reporting.
I would also like to add that as mandated by Law No. 39/1999, the Indonesian National Commission on Human Rights (KOMNAS HAM) is now undergoing a process of reform. This is being undertaken by the Commission itself, but involves the participation of other elements of society.

The Government, despite its limited capability and resources, has in cooperation with National Commission on Human Rights, and sometimes with other member countries, conducted a consistent program of socializing the populace on basic principles of national and international human rights. Until this year, the focus was on university students, but starting from next year, it will gradually be extended to senior high school students.

In addition, the Government has been conducting similar programmes in informal institutions, such as social and religious ones. This was out of the conviction that many violations of human rights are because of lack of knowledge or understanding of specific human rights principles. It is the sincere hope of the Government that when they get involved in the political, social, and economic life of the society, these younger people will be better equipped in their efforts to promote and protect human rights.

In this regard, let me state that we believe that it is better to comply with the internationally agreed document on human rights, the Vienna Declaration and Programme of Action on human rights, and introduce a National Plan of Action on Human Rights, than publishing a “world report” or a long list of human rights practices in other member states and criticizing them for not doing better.
The level of partnership between the government and other stakeholders in Indonesia has reached a significant stage where national programmes of action are constructively discussed, and roles and responsibilities are mandated towards the full promotion and protection of human rights. In the dissemination and education of human rights, there are currently 38 centers in various universities throughout the country. There are also human rights lessons for students at various levels of education in Indonesia.

Also of great importance, in this connection, is that Indonesia will hold a five-year term General Election in 2004. This election is extremely important. Many new elements will be introduced towards ensuring the rights and fundamental freedoms of Indonesian society. For the first time, the people will directly choose their President and Vice-President, as well as the members of the legislature. Although this general election will certainly impose many challenges, Indonesia believes that this new system will bring greater benefits to the country. As in the previous election, where the United Nations and other international organizations played a constructive role in ensuring its success, both the Government and the UNDP in April 2003 agreed to have close cooperation to ensure that the people exercise this most basic of their rights.

Mr. Chairman,

Permit me also to reiterate our belief that extreme poverty must be regarded as the worst human rights violation that may be perpetrated on anyone. To this extent, therefore, no society can claim to be a genuine champion of human rights for as long as it ignores—or fails to arrest—extreme poverty anywhere within its domain. To accommodate extreme poverty is to condemn its victims to a fate worse than that which befalls a criminal. Towards the worldwide elimination of extreme poverty, Indonesia looks forward to the 2005 General Assembly review of the implementation of the Millennium Declaration Goals.

Mr. Chairman,

We cannot conduct, or conclude, a discussion of human rights in the world today without due attention to the deterioration in the human rights situation among the Palestinians. Over the past year, Israel’s practices, including the construction of the separation wall, have seen more Palestinian homes destroyed, greater restriction of movement to the Palestinian people, and increasing losses of jobs. These do not reflect any respect for human rights. Our Palestinian brothers and sisters are also human beings, like those human beings who live in Australia, Canada, New Zealand, and the United States who wants their human rights be respected and guaranteed.

We call on all nations of the world to pay attention to this situation. As we have observed, we cannot claim genuine advocacy of human rights if, before our very eyes, those same rights are being denied someone or anyone.

In closing, Mr. Chairman, the Indonesian Delegation believes that from this year the discussion of human rights will be better addressed if all Member States agreed to seek cooperation with, and a better understanding of each other. Efforts must be made to avoid double standards, as well as to implement the important principle of: “I want to have a better practice of human rights world wide and I want to do it first and foremost in my own home or country.” If this can be applied, our deliberations next year, during the UN Commission for Human Rights session in Geneva or the 59th UNGA, will be a productive gathering of world organizations’ representatives seriously seeking the best ways and means of promoting and protecting human rights.

Thank you, Mr. Chairman.