Secretary-General on Business and Human Rights to include in the report a
discussion on human rights conditions in palm oil plantations (Forest Peoples
Programme and Sawit Watch, 2012).
There is also the Indonesia Focal Point for Legally Binding Treaty Initiative,
a coalition of Indonesian NGOs campaigning for a legally binding UN Business
and Human Rights instrument. In July 2015, they expressed their concerns
during the First Session of the Open-ended Inter-governmental Working Group
on Transnational Corporations and Other Business Enterprises with Respect to
Human Rights (IGJ, 2016).
Recommendation: Transform National Action Plan
into measurable real action
The task of protecting human rights is the main responsibility of the State,
although businesses have a responsibility to uphold human rights as well.
Human rights and their implementation cannot be reliant only on voluntary
mechanisms, even though the availability of the venues for such efforts should
be ensured.
In the current National Action Plan (NAP), the right to land is integrated
in the rights to adequate food and environment. The Plan needs to be revised,
to clearly establish land rights as human rights. This will enable clear follow-up
actions vis-à-vis the three main actors mentioned in the NAP – local government,
medium-scale businesses, and State companies.
Moreover, the Plan has to become more effective, with measurable
performance targets and a budget. This should begin with the 2019 work plan
and budget. The role and power of Komnas HAM also needs to be expanded,
and the resources allocated to it increased to enable it to be more effective.
Komnas HAM needs to position itself in the frontline of integrating land rights
and human rights principles into policies and institutions.
Local governments should be encouraged to produce local regulations
with human rights principles, especially because the regional government is the
spearhead of the State in providing services to the rural farmers.
Civil society should continue to collect evidence and generate case studies
on the implementation of UNGP BHR in the agriculture sector. It should also
continue to advocate the formulation of NAPs by government while continuing
to monitor the implementation of current NAPs on Business and Human Rights.
ANGOC and KPA
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