60. In August 2021 Komnas HAM conducted research and studies on allegations of human rights violations experienced by 75 KPK staff, including Novel Baswedan, who was terminated after not being deemed to have passed a Nationalism Insight Test (TWK) in the process of transferring status from a KPK employee to a State Civil Apparatus (ASN) or civil servent status. 61. Based on a series of investigations, Komnas HAM concluded that the TWK process was a form of eliminating certain KPK staffs through the substance of tests that were discriminatory and violated the rights to freedom of opinion and expression.45 In addition, TWK was also carried out without a clear legal basis by involving parties who were not relevant to the issue of eradicating corruption such as the national intelligence agency, military intelligence, anti-terrorism agency, and the army psychology service. The substance of TWK also contradicts international human rights values and standards which are discriminatory, hateful, demeaning and do not have a gender perspective. 46 62. Komnas HAM concluded that TWK was a violation of human rights, including a violation of the right to work and freedom of association for deliberately removing KPK employees who were members of a union, namely the KPK Employee Forum.47 63. Anti-corruption activists and officers, including human rights defenders in this field, have long been victims of threats and attacks in Indonesia with almost all incidents not being resolved. It is clear that the government and other authorities need to take decisive action to end the problem of impunity and ensure that anti-corruption officers and activists can carry out their important and necessary work without fear, while fully respecting the rights of those suspected of corruption. This lack of accountability in dealing with ongoing threats and attacks is a bad record for Indonesia's efforts to tackle corruption. This also further entrenched the culture of impunity in relation to human rights violations, which present a direct threat to the rule of law. Recommendation to the Committee on Economic, Social and Cultural Rights (CESCR): 45 ● To question whether the GoI continue investigating the case of the Novel Baswedan attack, including finding the mastermind of the cruel criminal action, and also investigating the attacks that occurred against officers and employees at the KPK, and against other anti- corruption activists; ● To question the commitment of the GoI to combat corruption in Indonesia after transfering The Corruption Eradication Commission from an independent state institution to become part of the executive body through the revision of Law No. 30 of 2002 on Komisi Pemberantasan Tindak Pidana Korupsi (Corruption Crime Eradication Commission); ● To question the GoI why the Nationalism Insight Test (TWK) was conducted discriminatively and whether there are any plans to rehabilitate the rights of former KPK employees who were terminated. Komnas HAM, Press Release No: 027/HM.00/VIII/2021, the Result of Komnas HAM’s Monitoring and Investigation on the Allegation of Human Rights Violation in the Nationalism Commitment Test for KPK Staff to Becoming the Civil Servants, 16 August 2021, p. 1, can be accessed at https://www.komnasham.go.id/files/20210816-rilis-27-hm-00-viii-2021-tentang-$NRAWJEJ.pdf. 46 Komnas HAM, Press Release No: 027/HM.00/VIII/2021, p. 6 & 7.

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