c. cooperate with organizations, institutions or other parties at national, regional
and international level with regard human rights;
iii. To carry out its monitoring function as referred to in Article 76, the National
Commission on Human Rights is charged with and authorized to:
a. monitor the implementation of human rights and compile reports of the output
of this monitoring;
b. investigate and examine incidents occurring in society which either by their
nature or scope likely constitute violations of human rights;
c. call on complainants, victims and accused to request and hear their statements;
d. call on witnesses to request and hear their witness statements, and in the case
of prosecution witness to request submission of necessary evidence;
e. survey incident locations and other locations as deemed necessary;
f. call on related parties to give written statements or to submit necessary
authenticated documents as required upon approval of the Head of Court;
g. examine houses, yards, buildings, and other places that certain parties reside
in or own, upon approval of the Head of Court;
h. on approval of the Head of Court, provide input into particular cases currently
undergoing judicial process if the case involves violation of human rights of
public issue and court investigation, and the input of the National Commission
on Human Rights shall be made known to the parties by the judge;
5.
Thus, Komnas HAM has statutory functions which are: dissemination of national and
international human rights concepts, conducting research on various United Nations
human rights instruments with a view to recommending their ratification thereof or
accession thereto, monitoring and conducting inquiry on the implementation of
human rights and submitting views, advices and recommendations to the authorities
concerned for the implementation of human rights and conducting regional and
international cooperation for the promotion and protection of human rights.
6.
Under its statutory function, Komnas HAM can conduct a human rights monitoring
including to conduct an inquiry of the implementation of human rights and also to
monitor the implementation of the international human rights in which Indonesia is
party, in this case the International Covenant on Economic, Social and Cultural
Rights (IESCR).
7.
Komnas HAM‘s Comment on List of issues in relation to the initial report of
Indonesia on the implementation of the International Covenant on Economic,
Social and Cultural Rights (E/C.12/IDN/1), adopted by the pre-sessional working
group at its fifty-second session (2–6 December 2013
Issues relating to the general provisions of the Covenant
(Arts. 1–5)- Article 1, paragraph 2 – Free disposal of natural wealth and resources
8.
The official terminology for indigenous populations or indigenous peoples in
Indonesia is masyarakat adat or masyarakat hukum adat, which can be literally
translated as “customary (law) communities” in English. As in other countries in
Komnas HAM-52nd Session of ICESCR – April 2014, page 3