Indonesia wants to be Host of OIC Human Rights Commission

Thursday, 23 February, 2012

TEMPO Interactive, Jakarta:Indonesia is planning on running to become a host for the Organization of Islamic Cooperation’s (OIC) Human Right Commission. “We are running [for the position] in response to the gridlock in the decision making process to determine where the commission should be based,” said Indonesian Ministry of Foreign Affairs spokesman Michael Tene on Wednesday. “But we’re not competing.”

The commission, established a year ago, has been absent due to fierce competition between Saudi Arabia and Iran. Both countries insisted on becoming the base for the Human Rights Commission which recently held its first meeting in Jakarta this week. The determination of the Human Rights Commission base is scheduled to be announced in the OIC Foreign Affairs Minister Meeting in Djibouti in mid-year.

The effort has been supported by Indonesian human rights activists. “Human rights enforcement in Indonesia is much better that other Islamic countries,” said Muhammad Hazif, program manager of the OIC Human Rights Watch Group (HRWG), after an informal meeting between Indonesian Civilian Coalition with the OIC Human Rights commissioners at the Aryaduta Hotel in Jakarta.

SITA PLANASARI AQUADINI

Source: www.tempo.co

NGOs ask OIC’s new human rights body to engage civil society

The Jakarta Post, Jakarta | Tue, 02/21/2012 8:13 PM

Several non-governmental human rights organizations said that the newly established Islamic Cooperation Organization (OIC) Independent Permanent Human Rights Commission (IPHRC) should actively involve civil society in their activities.

“According to my experience, state-level organizations’ credibility and accountability would improve if they succeed in building constructive engagement with various civil society groups,” Human Rights Working Group (HRWG) executive director Rafendi Djamin said on Tuesday.

He added that the participation of civil society was necessary and required access, distribution of information and other mechanisms from the commission.

Rafendi’s statement was made during an informal luncheon discussion between the commissioners of OIC’s IPHRC and Indonesian civic leaders at the Aryaduta Hotel in Central Jakarta.

The IPHRC is holding its first official meeting from Monday to Friday this week in Jakarta.

Indonesia’s representative to the commission, Siti Ruhaini Dzuhayatin, has been appointed as commission chairperson. The commission is currently determining where they might establish their headquarters.

The creation of the IPHRC is deemed as a major breakthrough for the Islamic world, as many of its countries face criticism regarding allegations of failure to protect human rights.

Several representatives from Indonesia, such as Wahid Institute director Yenny Zannuba Wahid and the chairperson of the National Commission on Violence against Women, Yuniyanti Chuzaifah, also attended the event. (rpt)

Source: http://www.thejakartapost.com/news/2012/02/21/ngos-ask-oic-s-new-human-rights-body-engage-civil-society.html

OIC body told to engage civil groups

Rabby Pramudatama, The Jakarta Post, Jakarta | Wed, 02/22/2012

The newly-established human rights commission at the Organization of Islamic Cooperation (OIC) should work together with civil organizations in order to improve human rights protection, rights watchdogs have said.

To make the collaboration run smoothly, the OIC’s Independent Permanent Human Rights Commission (IPHRC) needs to give civil society access to information about human rights issues.

“Based on my experience, state-level organizations’ credibility and accountability improves if they succeed in building constructive engagement with various civil society groups,” Human Rights Working Group (HRWG) executive director Rafendi Djamin said on Tuesday.

The OIC, an organization that attempts to be the collective voice of the Muslim world (Ummah), set up the IPHRC in June 2011, in Astana, Kazakhstan.

As a member, Indonesia has been appointed to hold the first meeting, which took place at a Central Jakarta hotel from Monday to Friday this week. Other elements of civil society expressed hopes that the IPHRC, as the new commission, was perceived as more progressive compared to other human rights bodies at the regional level.

The IPHRC recognized the role of civil society organizations in promoting and protecting human rights in Muslim countries as stated in Article 15 of its statute. National Commission on Violence against Women (Komnas Perempuan) chairperson Yuniyanti Chuzaifah said it was crucial for the IPHRC to expand its mandate.

“The IPHRC should have the authority to monitor its member countries and the results should be verified with information provided by civil society,” she said.

Zannuba “Yenny” Wahid, the director of the Wahid Institute and also the daughter of Indonesia’s fourth president, the late Abdurrahman Wahid, highlighted the challenges that the IPHRC faced.

“The commission is facing a great challenge, because according to its statute it has no binding resolution,” she told The Jakarta Post.

The IPHRC’s statute article 12 stipulates, “The commission shall carry out consultative tasks for the council and submit recommendations to it. It shall also carry out other tasks as may be assigned to it by the summit or the council.”

Despite its lack of binding power, Yenny said that the commission was still making good progress in regard to its function as an official permanent body that could, at least, set standard recommendations on human rights issues.

She said that on a domestic level, Indonesia’s main problem on human rights issues was the government’s lack of political will, which she deemed as the source of almost all human rights violations occurring across the country.

Many deemed that the creation of the IPHRC was a major breakthrough in the Islamic world, because many Muslim countries were criticized for their incompatibilities with human rights norms.

On Monday, the first day of the IPHRC’s meeting, Indonesia’s representative to the commission, Siti Ruhaini Dzuhayatin, was appointed as the chairperson of the commission among all 18 commissioners.

“I think the protection of religious minority groups is one of my missions in the IPHRC,” she told the Post.

She said that the issue had not become the commission’s agenda but she would highlight violence against religious minority groups to commission members.

Source: http://www.thejakartapost.com/news/2012/02/22/oic-body-told-engage-civil-groups.html

 

Informal Luncheon Talks: Indonesian Civil Society, IPHRC Commissioners, and Diplomat Community

Promoting and Strengthening of human rights in the Muslim World: First Meeting of OIC Human Rights Body (IPHRC)

Jakarta, 21 February 2012

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First Session OIC Independent Permanent Human Rights Commission

First Session OIC Independent Permanent Human Rights Commission. Jakarta, Indonesia, 20 – 27 February 2012.

Indonesian Civil Society Participation to the OIC Human Rights Commission (IPHRC)

Indonesian Civil Society Participation to the OIC Human Rights Commission (IPHRC). Jakarta, Indonesia, 19 February 2012.

INDONESIAN CIVIL SOCIETY RECOMMENDATION TO THE OIC HUMAN RIGHTS BODY (IPHRC)

INDONESIAN CIVIL SOCIETY RECOMMENDATION

TO THE OIC INDEPENDENT PERMANENT OF HUMAN RIGHTS COMMISSION (IPHRC)

Jakarta, 19 February 2012

 

We, 34 civil society organizations and universities in Indonesia from Jakarta, West Java, West Kalimantan, East Nusa Tenggara, West Nusa Tenggara, who have attended the meeting of Civil Society Forum for the Organization of Islamic Cooperation (OIC) organized by Human Rights Working Group (HRWG), The Wahid Institute, TIFA Foundation, Setara Institute, Demos Indonesia, Elsam, CSRC, Imparsial, ILRC, UIN Syarif Hidayatullah, and Paramadina University on 19 February 2012, would like to deliver recommendations to the Indonesian Commissioner for the First Meeting of the Independent Permanent Human Rights Commission (IPHRC), which shall be organized in Jakarta, 20-24 February 2012.

We, Indonesian Civil Society, convey our appreciation for the establishment of Independent Permanent Human Rights Commission (IPHRC) of OIC in the 38^th Meeting of The OIC Foreign Ministerial Meeting, June 2011. We also appreciate the OIC Secretary General’s effort to organize the first meeting of IPHRC on 20-24 February 2012 in Jakarta, Indonesia. Indonesian Civil Society delivers 5 substantial themes regarding Human Rights issues in the State Members of OIC that should be taken into consideration by the Indonesian Commissioner and IPHRC, i.e. as regards (1) rights of women and children, (2) freedom of expression and opinion, (3) human rights and conflict between Palestine-Israel, (4) inter-faith dialogue, (5) freedom of religion /belief, and (6) rights of migrant workers. Some inputs are also delivered concerning the process of formulating the procedure and mandate of the Commission in the First Meeting of IPHRC.

Rights of Women and Children

1. The importance of protection for women victim of domestic violence and victim of sexual harassment or sexual violence in public domain. In this case, the Commissioners are expected to ensure, that:

a. The State guarantees the protection of domestic violence victims to access legal aid and protection.

b. The State guarantees and provides access of legal process and legal aid, and that victims won’t be criminalized for the testimony they give.

2. Eliminating all forms of violence and discrimination of women in the household, including within it strengthening the wife’s divorce rights (khulu’), prohibition of polygamy, and prohibition of nusyuz practice that has no longer in accordance with the development of times.

a. Eliminating the tradition of female circumcision.

b. The State to providing safe house for women and children victims of violence.

c. Ensuring the accessibility of protection and guarantee of women’s rights in public domain, including women outside their house without mahram; women as leaders and members of parliament; freedom to access education and governance; guarantee to access profession and rights as employee and right of retirement fund insurance.

3. Ensuring the protection for women’s reproduction rights, such as wife’s right to determine the deployment of contraception, consent of abortion for women victim of rape, availability of sexual and reproduction healthiness education for junior and senior high school students with perspectives of women and human rights.

a. Standardizing the age of child as established in the CRC, ensuring the protection of and rights of child to be satisfactorily fulfilled, such as protection of child from sexual harassment, child exploitation, child pornography, and trafficking; guaranteeing the rights of child victim of divorce, rights of child in education, health, including the rights of adopted child; as well as, standardizing the age of matrimony in respect of child to be consistent with the CRC.

b. Ensuring that the State Members of OIC provide and fulfil public facilities exclusively for women and children, for instances: lactation room, children playground in every public area, office, mall, and etc.

Freedom of Expression and Opinion

1. IPHRC must ensure that OIC States protect, fulfil and respect freedom of expression and opinion. Including guarantee freedom of the press, freedom to associate/politic, freedom of thoughts, freedom to express opinion and rights to obtain information.

2. In addition to welcome the condition of civil freedom and democracy in Arab States most recently, in point of fact there are many OIC States that still inhibit the rights to freedom of expression and opinion. The plurality of Muslim society comprised in the OIC ascertaining the existence of this openness and freedom, more to the point the propensity of the society nowadays is increasingly open and global.

3. The freedom of expression and opinion are strongly guaranteed in Islam, therefore IPHRC must also translate these principles into its mandate in the future.

4. IPHRC must ensure that each member of OIC States eliminates practices that obstruct the fulfilment of those rights, among other things are:

1. Censorship;
2. The arrest of democracy and human rights activist and defender;
3. Prohibition of establishment of political party;
4. Intimidation;
5. Monopoly of media;
6. Prohibition of publication (books or other media).

Human Rights, Conflict of Palestine-Israel

1. Making efforts so as to IPHRC delivers recommendations for OIC States concerning the struggle to solve the conflict between Israel-Palestine, by means of:

a. Creating conflict-study on Israel-Palestine as a conflict that is not isolated from other conflicts; and bringing up the roots of problem and facts of violence and human rights violations suffered by civil society in the conflicting communities.

b. Utilizing human rights and humanitarian instruments as reference in formulating the recommendations.

2. Calling for and ensuring that states in conflict (including Israel-Palestine) to implement international human rights laws and humanitarian laws in the area of conflict in order to provide protection for the civil society, especially for children, women and vulnerable groups.

3. Calling for Israel-Palestine states to reinforce law upon violations of human rights and humanitarian laws on the areas within the jurisdiction of the country in respect.

Inter-Faith Dialogue and Freedom of Religion/Belief

In context of inter faith dialogue and freedom of religion/ belief, it is expected that:

1. IPHRC works and implements its mandates in context of freedom of religion and belief in accordance with the principles of Universal Human Rights.

2. Socializing and ensuring the Resolution of UN Human Rights Council on Combating Intolerance, Discrimination and Violence on the Basis of Religion/Belief, which had been proposed by OIC States in 2011, to OIC Member States and guaranteeing the resolution to function effectively.

3. Encouraging the OIC Member States to ratify or create national legal framework that guarantee the spirit of tolerance, respect of each other and freedom of religion/belief.

4. Conducting monitoring and evaluation on the situation of freedom of religion and belief in Muslim countries.

5. Encouraging the establishment of interfaith dialogue in every Member State of OIC.

Rights of Migrant Workers

There are several things that should be taken into consideration of IPHRC in the future regarding the migrant worker issues, both in short and long terms.

1. In the short term, IPHRC is expected to:

a. Build the relationship with OIC parliaments to follow up the Palembang Declaration on Migrant Workers.

b. Ensure that the results of Parliamentary Meeting in Palembang concerning Migrant Workers can be implemented.

c. Organize International Conference on the condition of migrant workers in Muslim States as an effort to solve migrant workers problems.

d. Make the issues of migrant workers as part of IPHRC’s attention.

2. For the long terms agenda, among other things:

a. Originate OIC declaration on the protection of migrant workers.

b. IPHRC develops standard of protection for migrant workers.

c. Encourage OIC States to ratify UN Convention on the Protection of Migrant Workers and Members of Their Families.

General Suggestion concerning IPHRC

1. Conducting monitoring and evaluation of human rights situation in all Muslim states in all Human Rights areas.

2. Supporting, encouraging or providing help to OIC States to establish Human Rights bodies, such as National Human Rights Institution (NHRI).

3. Encouraging OIC States to ratify all major international instruments on Human Rights, to make periodic reports and to follow up the recommendations of the Committee/UPR.

4. Integrating consultation with CSO and opening opportunity for CSO to participate in IPHRC, as part of the procedure of implementing the mandate as the guarantee for the accountability and transparency.

5. Opening opportunity for written inputs of human rights issues in Muslim states as modality for the IPHRC Commissioners in running their function and mandate.

6. Making the international human rights instruments, both Declarations and Conventions, as the basis of IPHRC work.

7. Publishing and socializing the result of study, consultation, and communication of IPHRC with Secretariat of OIC as IPHRC’s accountability and participation of all stakeholders in Member states of OIC.

8. Providing universal and relevant meaning regarding Human Rights and Islam, as an effort to encourage and promote Human Rights in OIC Member States.

Indonesian Civil Society Forum for OIC IPHRC

Human Rights Working Group (HRWG) The Wahid Institute Universitas Paramadina Center for Study of Religion and Culture UIN Jakarta Imparsial Komnas Perempuan RI Setara Institute Demos Indonesia Kalyanamitra ILRC UIN Syarif Hidayatullah Jakarta TIFA Foundation ICRP: Indonesian Conference on Religion and Peace PPIM UIN Jakarta Yayasan Argadia NTT Elpagar Kelimantan Barat Jatam Kalimantan Timur AMAN Kalimantan Tengah LBH Apik NTB Arus Pelangi CIMW/PMK HKBP Jakarta UNIKOM Praxis Peduli Buruh Migran AMAN Pusat LBH Jakarta PATTIRO Jakarta Kompak FAHAM Puskumham UIN Jakarta Ecosoc Rights PBHI Gandi Herlonge PWYP Indonesia Raca Institute

 

_____________________________

Secretariat of Indonesia’s Civil Society Forum for OIC IPHRC:

Human Rights Working Group (HRWG):

Indonesia’s NGO Coalition for International Human Rights Advocacy

Jiwasraya Building Lobby Floor. Jl. R.P. Soeroso No. 41 Gondangdia Jakarta Pusat 10350

Phone: +6221 70733505 / +6221 3143015

Fax: +6221 3143058. Email: hrwg@hrwg.org Website: www.hrwg.org

Challenges and Expectation on the first Meeting OIC Human Rights Body (IPHRC)

Press Release

Challenges and Expectation on the first Meeting OIC Independent Commission Human Rights have to work as with in International Standard

Indonesian Civil Society Organizations encourage in the First Session of the OIC human rights commission, IPHRC (Independent Permanent Human Right Commission), in Jakarta February 20^th-24^th, 2012, in order IPHRC dealing with procedure concept (Procedure of Rule) its not contrary to universal human rights principles. In this first session of the crucial agenda is the formulation of rules procedure, which must be in accordance and compliance with the universal human rights principles.

These principles include:

1. Principles of openness and open engagement of civil society. The principle is important in the context of accountability of the IPHRC, especially in the historical character of the OIC Member States has closed and many Members who reject human rights and accountability principles.
2. Civil society engagement is important for strengthening and advancement of human rights in the OIC Member States. This cooperation can be open for complaints communication of human rights violations and also given the range develops dynamic report of human rights in the world, especially with particular regard to human rights and Islam.
3. The principle of accountability. IPHRC should be encouraging regular accountability mechanism for its performance and all that has been done in the context of human rights. This accountability should be given to the public, not only given to the Council of Foreign Ministers.
4. Being accountability to the public will increase the public trust, as long as there are suspicions of the OIC which makes IPHRC to avoid accountability for human rights by the international community.

In addition to the principles relating IPHRC should dare to challenge human rights violations which make IPHRC to avoid accountability for human rights by the international community. Challenge related to various issues, include:

1. Freedom of religion and belief. The issue is related to the issue of defamation of religion, intolerance and acts of violence in the Islamic communities. The IPHRC should encourage the OIC Member States to ensure freedom of religion and belief, compliance with the universal human rights principles. In the international context, defamation of religion is not a part of the scheme of human rights norm, while in many OIC member countries including in Indonesia, was a problem. Moreover, the OIC Member Countries have support the Resolution on Combating intolerance, discrimination and violence based on religion and belief in the UN Human Rights Council, 2011.
2. Freedom of expression and information. This is consistent with the context of democratization in many OIC Member Countries, especially in Middle East (Arab Spring).
3. Migrant Workers. OIC Member States have two characters, both as receiving countries and sending countries. Remarks in a variety of violations of migrant workers in destination countries, the OIC countries was the most extensive notes violations of migrant workers.
4. Women. The biggest problem of human rights in the context and Islam is the equality of women, both in private and public spaces that lead to injustice and the various sources of violence.

On this occasion, we appreciate to the Commissioners IPHCR and the Secretariat of the OIC who have participated in the event of civil society who have been held on Feb. 19^th, 2012 and Feb. 21th, 2012. This participation is a good starting point for the next show IPHCR more transparent and accountable.

Jakarta, February 20, 2012

Muhammad Choirul Anam

Deputy Director of the Human Rights Working Group (HRWG)

Tantangan dan Harapan Pada Sidang Pertama Komisi HAM OKI

Press Release

Tantangan dan Harapan Pada Sidang Pertama

Komisi HAM Independen OKI Harus Bekerja Sesuai dengan Standrat Internasional

 

Kami mendorong dalam sidang pertama IPHRC (Independent Permanent Human Rights Commission/ Komisi HAM Independen OKI) di Jakarta 20-24 Februari 2012, agar IPHRC mensepakati konsep Prosedure (Rule of Procedure) yang tidak bertentangan dengan prinsip-prinsip HAM internasional. Dalam sidang Pertama ini agenda sidang yang krusial adalah perumusan rule of Procedure, yang harus sesuai dengan prinsip-prinsip hak asasi manusia.

Prinsip-prinsip itu, antara lain:

1. Prinsip keterbukaan  dan membuka keterlibatan masyarakat sipil. Prinsip ini penting dalam konteks akuntabilitas IPHRC, apalagi dalam sejarahnya OKI memiliki karakter tertutup dan memilki banyak anggota yang menolak hak asasi manusia dan prinsip akuntabilitas.

Pelibatan masyarakat penting bagi kerja dan kemajuan HAM di Negara-Negara anggota OKI. Pelibatan ini dapat berupa membuka komunikasi komplain pelanggaran HAM yang terjadi maupun penyampaikan laporan berbagai dinamika HAM yang berkembang di dunia, khususnya berkaitan dengan HAM dan Islam.

1. Prinsip Akuntabilitas. IPHRC harus mendorong mekanisme pertanggungjawaban berkala atas kinerjanya dan semua yang telah dilakukan dalam konteks hak asasi manusia. Pertanggungjawaban ini harus diberikan kepada publik, tidak hanya diberikan pada pertemuan para menteri luar negeri.

Petanggungjawaban kepada publik akan menbuat kepercayaan publik membaik, karena selama ini terdapat kecurigaan terhadap OKI yang membuat IPHRC untuk menghindari pertanggungjawaban HAM oleh komunitas Internasional.

Selain berkaitan dengan Prinsip IPHRC harus berani menjawab tantangan Pelanggaran HAM yang banyak terjadi di berbagai Negara-negara anggota OKI. Tantangan itu terkait berbagai masalah, antara lain:

1. Hak kebebesan Beragama dan berkeyakinan. Masalah ini terkait dengan isu penodaan agama, tindakan intoleransi dan kekerasan. IPHRC harus berani masuk dalam isu kebebasan Beragama dengan menggunakan prisip-prinsip Internasional. Dalam konteks internasional, defamasi/penodaan agama tidak menjadi bagian dalam skema HAM, sementara di banyak negara anggota OKI, termasuk di Indonesia itu menjadi masalah. Dalam konteks HAM defamasi tidak masuk dikarenakan, obyek sasarannya tidak berwujud, sangat subyektif penilain orang/obyektifitas sulit dicapai, dan dalam berbagai praktik menyerang kebebasan berpikir (salah satu hak dasar yang tidak dapat dikurangi), dan cenderung ada penyalagunaan kekuasaan dan mayoritas. Apalagi, Negara-negara OKI telah menyepakati adanya pengharpusan Defamasi Agama melalui Resolusi Dewan HAM PBB tahun 2011.
2. Hak kebebasan Bereksperesi dan mendapatkan Informasi. Hal ini sesuai dengan konteks demokratisasi di berbagai Negara-negara anggota OKI khususnya di jazirah arab (Arab Spring).
3. Buruh Migrant. Negara-negara anggota OKI memiliki dua karakter, sebagian Negara tujuan dan Negara pengirim. Dalam berbagai cacatan pelanggaran terhadap buruh migran yang terjadi di Negara tujuan, di Negara-negara OKI-lah paling banyak catatan pelanggaran buruh migran.
4. Perempuan. Masalah terbesar HAM dam Islam dalam konteks ini adalah kesetaraan perempuan, baik dalam ruang privat maupun publik yang mengakibatkan ketidakadilan dan berbagai sumber kekerasan.

Dalam kesempatan ini, kami memberikan apresiasi kepada komisioner IPHCR dari Indonesia dan Sekertariat OKI yang telah berpartisipasi dalam acara masyarakat sipil yang telah diselenggarakan kemarin (19/2/2012). Partisipasi ini menjadi awal yang baik untuk menunjukkan IPHCR ke depan yang lebih tranparan dan akuntable.

 

Jakarta, 20 Februari 2012

Muhammad Choirul Anam

Wakil Direktur Human Rights Working Group (HRWG)