RESEARCH at the office without adequate health protocols. In fact, Article 7 of the ICESCR explains that States Parties to the Agreement recognize everyone’s right to the enjoyment of equitable and favorable working conditions, which are safe and healthy as well.113 Regarding the health sector manpower issue, Komnas HAM RI highlights several things including long working hours, scarcity of PPE, small incentives, and high mortality rates due to risk of being exposed to the virus while working. Some of the following data describe the problems faced by the medical personnel. As per November 2020, based on a survey from the Center for Indonesia’s Strategic Development Initiatives (CISDI), many health workers at the health center (puskesmas) were not adequately protected due to a shortage of N95 masks, medical gowns, and surgical masks.114 Meanwhile, from a psychological aspect, a survey from the Master of Occupational Medicine, Faculty of Medicine, University of Indonesia (Fakultas Kedokteran Universitas Indonesia/FKUI) reported that “83% of health workers in Indonesia have experienced moderate and severe burnout syndrome.”115 Furthermore, the Indonesian Doctors Association (Ikatan Dokter Indonesia/IDI) Mitigation Team noted that 342 health workers died from March to 5 December 2020.116 IDI claims that Indonesia ranks highest in Asia and in the top five globally in terms of mortality for medical and health personnel.117 The manpower issues may potentially violate the human rights of medical personnel in terms of receiving adequate health protection facilities such as PPE to carry out their responsibilities as the frontliners who are very vulnerable to be infected with COVID-19. Moreover, medical personnel who work overtime experience physical and mental problems. Furthermore, the incentives they received tended to be small, requests for additional incentives are also rejected, and the realization of incentives is still not optimal. In this regard, the state must pay attention to Article 2, Article 41, and Article 71 of the Human Rights Law. Shortage of PPE can also endanger medical personnel who must continue to work, and based on their high mortality rate, it has the potential to violate human rights to live and to sustain life as described in Article 9 of the Human Rights Law. 113 See: “International Covenant on Economic, Social, and Cultural Rights”, ELSAM Lembaga Studi dan Advokasi Masyarakat, https://referensi.elsam.or.id/wp-content/uploads/2014/09/Kovenan-InternasionalHak-Ekonomi-Sosial-dan-Budaya.pdf 114 “Kemampuan Puskesmas dalam Merespon Pandemi COVID-19”, Center for Indonesia’s Strategic Development Initiatives (CISDI), published on 5 November 2020, https://cisdi.org/wp-content/ uploads/2020/11/Policy-Brief-3-November-2020-copy_compressed-1-2.pdf. 115 “83% Tenaga Kesehatan Indonesia Mengalami Burnout Syndrom Derajat Sedang dan Berat Selama Masa Pandemi COVID-19”, Humas Fakultas Kedokteran Universitas Indonesia, published on 14 September 2020, https://fk.ui.ac.id/berita/83-tenaga-kesehatan-indonesia-mengalami-burnout-syndrome-derajatsedang-dan-berat-selama-masa-pandemi-covid-19.html. 116 “IDI Catat Angka Kematian Nakes per Desember 2020 Naik jadi 342 Jiwa”, Tirto.id, published on 5 December 2020, https://tirto.id/idi-catat-angka-kematian-nakes-per-desember-2020-naik-jadi-342-jiwaf7MY. Also see social media platforms that are managed by IDI, such as IDI official Instagram account that always updates the information regarding death of medical workers during the pandemic, https:// www.instagram.com/ikatandokterindonesia/?hl=id. 117 “IDI: Kematian Nakes RI Tertinggi ke-5 di Dunia”, CNNIndonesia.com, published on 2 January 2021, https://www.cnnindonesia.com/nasional/20210102172140-20-588766/idi-kematian-nakes-ri-tertinggike-5-di-dunia. 27

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