Human Rights Defenders 64. Human rights defenders (HRDs), including those working for economic, social and cultural rights, continue to face threats, attacks, intimidation and criminalization for their work. Human rights defenders have also had their reputations tarnished, given a bad stigma or negative label, injured and even killed. Violations, threats, or attacks are aimed directly at the HRD as well as against family, relatives, friends, or close people around the HRD. Human rights defenders who often face the above risks are mostly those who work to defend the rights of indigenous peoples affected by the development of infrastructure, mining and large plantation projects, and those who work against corruption.48 65. In its latest report in 2020, Komnas HAM received complaints related to threats and/or attacks against human rights defenders in at least 19 cases. Based on these data, violations, threats, or attacks against human rights defenders include smear campaign, illegal use of legal processes (criminalization), suppression of the right to associate, attacks or physical violence, disbandment of activities, and shootings.49 66. In 2021, Komnas HAM received a complaint about the threat of criminalization experienced by two human rights defenders, Fatia Maulidiyanti and Haris Azhar, who are directors and former directors of KontraS, a leading NGO in Indonesia. Both were reported by an official of the most politically influential ministry in this country because they presented the results of a joint NGO research on the potential involvement of the gold mining business of important officials in an area of armed conflict in Papua. The presentation was uploaded to a YouTube channel and immediately went viral. Haris and Fatia face both threats of criminal defamation and a fine of IDR 100 billion (USD 7 million) under Law no. 19/2016 concerning Electronic and Transaction Information (ITE). Similar to this case, Komnas HAM also received complaints from two anticorruption activists from ICW (Indonesia Corruption Watch) who also faced the threat of criminal defamation from another high-ranking official because in a publication made by ICW they revealed an alleged conflict of interest between himself and his family in the pharmaceutical business during a pandemic.50 67. Criminal defamation and “incitement to SARA (Ethnicity, Religion, Race, and Inter-Groups)” under the ITE Law are often misused by public officials or non-state actors to criminalize defenders of human rights and freedom of expression. The government itself is currently carrying out In the process of revising or amending the ITE Law, particularly for the two crimes above, public officials still continue to use these provisions to silence legitimate criticism, while Article 66 of Law No. 32/2009 on Environmental Management and Protection Life clearly ensures that environmental HRDs in their work cannot be threatened by civil and criminal lawsuits. Unfortunately so far, law enforcement officials have not implemented this provision. 68. The COVID-19 pandemic has also made the work of human rights defenders in Indonesia more difficult. Starting from the ratification of the amendments to the Mineral and Coal Mining Law or Minerba (UU No. 3/2020) and the Job Creation Law (UU No. 11/2020)) which drew various protests because they were considered increasingly threatening the space for human rights 48 Komnas HAM, Standar Norma dan Pengaturan (Norm and Regulation Standard) Nomor 6 Tentang Pembela Hak Asasi Manusia (Human Rights Defenders), 2021, p. 2, can be accessed at https://www.komnasham.go.id/files/1635987255-standar-norma-dan-pengaturan-nomor-$O5FFZ.pdf. 49 Komnas HAM, Standar Norma dan Pengaturan Nomor 6 Tentang Pembela Hak Asasi Manusia, p. 3. 50 Komnas HAM, Komnas HAM Terima Aduan Tim Advokasi Bersihkan Indonesia, 24 September 2021, can be accessed at: https://www.komnasham.go.id/index.php/news/2021/9/24/1911/komnas-ham-terima-aduantim-advokasi-bersihkan-indonesia.html.

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