A/HRC/8/23
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with representatives of the governments and civil society at the local level in the provinces;
dissemination and public discussion of the Universal Periodic Review procedures should be
conducted as an ongoing process until the next review. The peer review should be replicated from
the multilateral to the local level, as this is also the objective of the Indonesian NHRAP under its
monitoring and evaluation pillar, which is guided by the principle of popular participation in a
democratic environment.
7.
In response to the questions submitted in advance, Indonesia discussed the relationship
between the implementation of the NHRAP and the obligation to combat impunity. In line with the
recommendations of the Vienna Declaration and Programme of Action and the outcome of the
Second National Workshop on Human Rights, held jointly by the Government, the National
Commission on Human Rights and the United Nations in October 1994, Indonesia had formulated a
series of National Action Plans on Human Rights, the first of which covered the period 1998-2003,
followed by the second Action Plan for the period 2004-2009.
8.
The systematic and comprehensive implementation of the NHRAP is designed to help
promote a culture of respect for human rights, which in turns helps to foster social justice,
prosperity and the welfare of the Indonesian people, in conformity with the principles of justice,
truth and lawfulness embodied in the Pancasila and the amended 1945 Constitution. These are the
principles which underpin both the drive and the modalities to combat impunity. A strengthened
culture of the respect for human rights in the Indonesian society can create an atmosphere
conducive to combating impunity.
9.
On the basis of the experience gained during the implementation of the first National Action
Plan and in order to adjust to the political changes brought about by the post-1998 transformation
and reform of Indonesia’s institutions and society into a full-fledged democracy, the second
National Action Plan on human rights had been strengthened by additional pillars. One main pillar
is the establishment and enhancement of the institutions directly responsible for or instrumental in
the promotion and implementation of the NHRAP. In this regard, 436 local committees have been
created to implement the Plan of Action at the provincial and municipal/city levels. Their tasks,
among others, are to ensure the conformity of regional regulations with ratified core international
human rights treaties, to compile human rights situation reports on their respective provinces, and to
provide a complaint procedure on human rights violations which can be accessed by the general
public.
10. Since 2002, hundreds of local regulations had been revoked because they infringed universal
human rights values, and this review will continue, taking into account the dynamics of the
economic, social and political realities of the respective regions and the technical capacity of the
local committees to draft legislation compliant with human rights standard and norms. Indonesia
highlighted that if the committees are to function effectively in supporting the full implementation
of the NHRAP, it will be imperative to build the capacity of the local committees to establish a
complaint procedure and to cope with the drafting of legislation. This is a crucial area which needs
to be further explored for possible technical cooperation.
11. Indonesia is also in the process of boosting the capacity of the legal bureaus of the local
governments all over the country to better guarantee the compliance of local regulations with the
ratified human rights instruments. Accordingly, Indonesia passed Law No. 10 of 2004 on
lawmaking and concluded work on draft guidelines on the harmonization of the local by-laws with
human rights standards. This strategy is in line with the decentralization scheme initiated in 2001,
in which a wide range of administrative, fiscal and political powers were devolved to district
government level. This was strengthened in 2004 when Law No. 32/2004 was passed in three direct
elections, – one parliamentary and two direct presidential elections, which were successfully held
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