1. Introduction
1. The Indonesian National Human Rights Commission (Komisi Nasional Hak Asasi Manusia”,
popularly known and referred to by its acronym “Komnas HAM”), provides this submission
to the United Nations Human Rights Committee (hereafter the Committee) with regard to the
Indonesia‟s implementation of the International Covenant on Economic, Social and Cultural
Rights (IESCR).
2. This submission does not provide a complete assessment of Indonesia‟s compliance with the
IESCR, but only focus on the relevant recent and current areas of Komnas HAM‟s work.
2. Komnas HAM’s Role to Monitor Indonesia’s Compliance with IESCR
3. The Indonesian National Commission on Human Rights (Komisi Nasional Hak Asasi
Manusia, hereafter called: Komnas HAM) is an independent institution, equal with
another states institutions. Under the Law 39/1999 Concerning Human Rights Komnas
HAM has objective to:
a. develop conditions conducive to the execution of human rights in accordance with
Pancasila, the 1945 Constitution, the United Nations Charter, and the Universal
Declaration of Human Rights; and,
b. Improve the protection and upholding of human rights in the interests of the personal
development of Indonesian people as a whole and their ability to participate in several
aspects of life.
(Article 75 Law 39/999 Concerning Human Rights)
4. To achieve the aims, Article 76 states that the National Commission on Human Rights
functions to study, research, disseminate, monitor and mediate human rights issues.
Article 89 of the Law 39/1999 further states that:
i. To carry out the functions to study and research, with realize aims as referred to in
Article 76, the National Commission on Human Rights has the authority to:
a. study and examine international human rights instruments with the aim of
providing recommendations concerning their possible accession and ratification;
b. study and examine legislation in order to provide recommendations concerning
drawing up, amending and revoking of legislation concerning human rights;
c. publish study and examination reports;
d. carry out literature studies, field studies, and comparative studies with other
countries;
e. discuss issues related to protecting, upholding and promoting human rights; and,
f. Conduct cooperative research and examination into human rights with
organizations, institutions or other parties, at regional, national and international
levels.
ii. To carry out its function as disseminator as referred to in Article 76, the National
Commission on Human Rights is charged with and authorized to:
a. disseminate information concerning human rights to the Indonesian public;
b. take steps to raise public awareness about human rights through formal and nonformal education institutes and other bodies;
Komnas HAM-52nd Session of ICESCR – April 2014, page 2