Fact-Finding Mission: Assessing Online Fundamental Freedoms during the 2024 General Elections in Indonesia

Fact-Finding Mission: Assessing Online Fundamental Freedoms during the 2024 General Elections in Indonesia

In May 2023, APHR organized a fact-finding mission in Indonesia to assess the threats to fundamental freedoms during the lead-up to the 2024 general elections.

This was the second in a series of three missions that are part of the APHR’s commitment to the Internet Freedom Initiative together with Article-19 and its partners.

IFI aims to promote online freedom of expression and access to information, support civil society, influence government policies, and build collaborative networks among diverse stakeholders.

Three parliamentarians from Southeast Asia formed the Mission’s delegation and visited Jakarta for three days to meet with government officials, parliamentarians, civil society organizations, journalists, academes, and election experts. The delegates of the mission were Hon. Yuneswaran Ramaraj, Malaysia Member of Parliament; Hon. Sarah Jane Elago, the Philippines Former Member of Parliament; and Hon. Elvina Sousa, Timor-Leste Former Member of Parliament.

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Consultancy Notice | Researcher for International Parliamentary Inquiry – Southeast Asia: Inquiry of the Adverse Impacts of Industry Activities on the Environment in Indonesia

Consultancy Notice | Researcher for International Parliamentary Inquiry – Southeast Asia: Inquiry of the Adverse Impacts of Industry Activities on the Environment in Indonesia

APHR is looking for a research consultant to support the Inquiry through research, gathering of crucial information, and identifying key stakeholders for this parliamentary inquiry in Indonesia. APHR is undertaking a parliamentary inquiry to examine the environmental effects of various industries in Southeast Asia, the implications for local communities, and the recommendations needed to facilitate a sustainable transition to cleaner energy sources.

Specific emphasis will be placed on how various industries impact the environment and local communities. Specifically exploring how it affects their health, livelihoods, and social dynamics. This inquiry aims to uncover and propose recommendations for environmental impacts such as Large Scale Deforestation, Depletion and Degradation of Marine and Coastal Resources and Pollution of Natural Water Resources.

The Inquiry aims to identify industry activities that have the most detrimental impacts to the environment and understand how these industry activities affect local communities, and even communities across borders ; and analyze the results of the inquiry and present specific recommendations and action plans of what can be done by parliaments, governments, business industries, and other key holders to mitigate (or stop) further environmental degradation.

The consultant will liaise closely with the Climate Change and Human Rights Program Coordinator. She will provide the consultant with guidance for desk research. They will decide with the consultant on the outline and structure of the research before he/she starts writing and remain available at all times for support and coordination. The consultant will report to the Programs Coordinator for Climate Change and Human Rights.

Applicants may submit the following requirements to procurement@aseanmp.org, copy to savita@aseanmp.org with subject heading “ClimateChangeIPI@Researcher” by Friday, 15 March 2024:

  • Cover letter (1 page max) including why the individual considers him/herself as the most suitable for the assignment, and a methodology, if applicable, on how they will approach and complete the assignment.
  • Personal CV indicating all relevant past experience.
  • Writing sample of a briefer or report on a similar issue published for advocacy purposes or for a broad and wide audience (avoid academic publications).
  • To mention a fixed amount of your proposed fees for the above-mentioned consultancy services.

Please note that only shortlisted candidates will be contacted.

APHR is committed to diversity and inclusion within its workforce, and encourages qualified candidates of all genders from all nationalities, religious, and ethnic backgrounds, including persons living with disabilities, to apply.

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Indonesia should set example for region during election season, Southeast Asian MPs say

Indonesia should set example for region during election season, Southeast Asian MPs say

JAKARTA – As the campaign period for the 2024 general elections kicks off in Indonesia, ASEAN Parliamentarians for Human Rights (APHR) calls on all candidates to compete in a fair and peaceful manner. APHR also reminds Indonesian state institutions to remain neutral.

As the largest nation in the region, ASEAN countries often look to Indonesia as a model. We hope that all participants in the upcoming elections – candidates, parties, and officials – can be a positive example for young democracies across Southeast Asia and around the world,” APHR Co-chair and former Malaysian member of parliament Charles Santiago said today.

Three presidential and vice presidential candidate pairings have been officially registered and are set to compete for the top executive position. Meanwhile, 18 national political parties – as well as six local Aceh parties – will be vying for 20,614 legislative seats at the national, provincial, and local levels. The campaign period starts on 28 November and the elections are scheduled to take place on 14 February 2024. 

The presidential tickets consist of former Jakarta Governor Anies Baswedan and Deputy House of Representatives Speaker Muhaimin Iskandar; Defense Minister Prabowo Subianto and Surakarta Mayor – and son of incumbent President Joko Widodo – Gibran Rakabuming Raka; and former Central Java governor Ganjar Pranowo and Coordinating Minister for Legal and Political Affairs (Menkopolhukam) Mahfud MD.

It is of the utmost importance that state institutions maintain strict neutrality during the campaign and election period, especially since many of the candidates are current government officials. Any appearance of impropriety can affect the public’s perception of the legitimacy of the elections,” said Santiago. 

In previous elections, opposing candidates supporters’ often reported each other to the police using vague provisions in laws like the Electronic Information and Transactions (ITE) Law, which has been criticized by civil society organizations for violating freedom of expression and which APHR has previously called to be revised. Several members of the Ganjar-Mahfud campaign team have already been reported to the police under the ITE Law for criticizing other candidates and the government.

We urge all candidates and parties to ask their supporters to refrain from using legal harassment in response to criticism from political opponents. A sharp exchange of opinions is normal during elections and should be welcomed as part of the democratic process,” said Santiago. “Nevertheless, we also urge candidates to steer clear of smear campaigns and other underhanded tactics that will only result in unnecessary rancor.”

Meanwhile, vote-buying remains a widespread problem in Indonesia, with a 2019 study finding that 33 percent of voters had received money or goods in exchange for their votes during the 2014 legislative elections.

Candidates and parties should engage in issue-based campaigning and avoid vote-buying and other forms of transactional politics; these tactics not only harm democracy but have also been proven to be ineffective,” said Santiago. “We also call on election management bodies and other law enforcement agencies to maintain a level playing field by enforcing all rules fairly.”

The 2024 elections will be Indonesia’s fifth direct presidential election and the sixth legislative election since the start of the Reformasi era in 1998. 

Indonesia’s democracy and civil society has come far since the fall of the authoritarian New Order regime 25 years ago . However, in recent years many academics and activists have raised concerns about the country’s democratic backsliding and shrinking civic space. We hope that Indonesia can use these elections to alleviate those concerns, rather than compound them,” said Santiago.

Indonesia must use the last months of its ASEAN chairmanship to cement a lasting positive legacy for Myanmar, Southeast Asian MPs say

Indonesia must use the last months of its ASEAN chairmanship to cement a lasting positive legacy for Myanmar, Southeast Asian MPs say

JAKARTA – Indonesia must use the time it has left as chair of ASEAN to leave a lasting legacy for the Myanmar pro-democracy movement, the region, and for Indonesia itself, ASEAN Parliamentarians for Human Rights said today.

In his annual speech in front of the People’s Consultative Assembly (MPR) on 16 August, Indonesian President Joko “Jokowi” Widodo said that international trust in Indonesia was high due to, among other things, the country’s chairmanship of ASEAN as well as its “consistency in upholding human rights, humanity, equality.. 

We congratulate Indonesia on its 78th Independence Day and we commend President Jokowi’s recognition that consistently upholding human rights is the key to gaining international credibility,” said APHR Board Member and Malaysian member of parliament Wong Chen. “Unfortunately, so far Indonesia has failed to uphold ‘human rights, humanity, and equality’ as ASEAN chair, particularly with regards to Myanmar.”

As chair of ASEAN, Indonesia has openly adopted a “soft diplomacy” approach, with Indonesian Foreign Minister Retno Marsudi saying in May that Indonesian diplomats had more than 60 “engagements” with all the parties involved in the Myanmar crisis, including the junta’s self-styled State Administrative Council (SAC), the National Unity Government (NUG), as well as ethnic revolutionary organizations. However, these meetings have lacked transparency and have done little, if any, to stop the illegal Myanmar junta from continuing to commit gross human rights violations against its own people.

The lack of firm action on Myanmar on Indonesia’s part has emboldened diplomatic friends of the junta to take steps to undermine ASEAN’s role in responding to the Myanmar crisis, as can be seen in the outgoing Thai government’s “Track 1.5” meetings.

If President Jokowi is truly sincere in his stated desire for Indonesia to maintain its international trust and standing, then he must ensure that Indonesia takes actions that leave a legacy of progress and forward momentum on Myanmar, rather than one of stagnation and missed opportunities,” said Wong Chen.

Firstly, Indonesia must make it clear that ASEAN member states engaging bilaterally with the Myanmar military junta is unacceptable and undermines ASEAN’s role in resolving the crisis. Secondly, as APHR and Myanmar civil society organizations have repeatedly called for, Indonesia must initiate a thorough and inclusive review of the Five Point Consensus to create an agreement that the Myanmar junta must abide by. 

APHR also calls on Indonesia to engage in an open and formal dialogue on a solution to Myanmar with the National Unity Government, the Committed Representing Pyidaungsu Hluttaw and the National Consultative Council, as well as with like-minded figures committed to peace and democracy, including ethnic armed revolution organizations, community-based organizations and human rights defenders.

Indonesia must also strongly encourage the engagement of local organizations, primarily those working along the Thai-Myanmar border, who have shared an urgent need for cross-border humanitarian assistance. The military junta is not a trusted partner in facilitating and coordinating support and has, on multiple occasions, weaponized its delivery. 

Indonesia was formed with high-minded ideals embedded into the country’s foundation. The Preamble to the 1945 Constitution, for instance, says that Indonesia must strive for ‘the establishment of a world order based on freedom, perpetual peace and social justice,’” said Wong Chen. “We urge President Jokowi to live up to these ideals by helping lay the foundation for a meaningful and lasting democratic future in Myanmar.” 

Indonesia must set example for ASEAN as ‘epicentrum of harmony’, starting with interfaith marriage, Southeast Asian MPs say

Indonesia must set example for ASEAN as ‘epicentrum of harmony’, starting with interfaith marriage, Southeast Asian MPs say

JAKARTA – Parliamentarians from Southeast Asia commend Indonesia’s efforts as ASEAN chair to organize the bloc’s first major interreligious dialogue conference, an important step in advancing freedom of religion or belief in the region. ASEAN Parliamentarians for Human Rights (APHR) also call on the Indonesian government to follow up this conference by setting an example for its fellow ASEAN member states in ending all forms of religious discrimination, including obstacles for interfaith marriage.

The first ASEAN Intercultural and Interreligious Dialogue Conference was held in Jakarta on Monday, 7 August. Indonesian President Joko “Jokowi” Widodo opened the conference with a speech saying that ASEAN should not just be an epicentrum of growth, but also “an epicentrum of harmony, that safeguards the stability of the region as well as world peace.” He also said that ASEAN countries, including Indonesia, “have succeeded in maintaining a strong tradition of tolerance.”

We share President Jokowi’s admirable sentiments about making ASEAN a bastion of religious tolerance and harmony,” APHR Board Member and former member of the Indonesian House of Representatives Eva Kusuma Sundari said today. “However, in order to achieve this, Indonesia as ASEAN chair must keep up the momentum from this conference by taking concrete actions.”

Article 22 of the ASEAN Human Rights Declaration states: “Every person has the right to freedom of thought, conscience and religion. All forms of intolerance, discrimination and incitement of hatred based on religion and beliefs shall be eliminated.” Unfortunately, this article has yet to be fully implemented in many of ASEAN’s member countries. Research conducted by APHR last year found that many laws that inhibit, restrict, and repress religious freedoms remain on the books and are enforced throughout Southeast Asia.

Even Indonesia, despite its reputation for religious tolerance and diversity, has several improvements to make on this front. Only last month, Indonesia’s Supreme Court issued a circular that forbids judges from approving requests for the recognition of interfaith marriages. The circular makes interfaith marriage, which was already difficult due to differing interpretations of the 1974 Marriage Law, nearly impossible without resorting to complicated legal maneuvering.

The Supreme Court circular banning the recognition of interfaith marriage is a grave violation of the freedom of religion or belief in Indonesia. It is undeniably discriminatory and stands in flagrant violation of the principle of equality before the law enshrined in the 1945 Constitution as well as internationally recognized legal instruments ratified by Indonesia, including the Universal Declaration of Human Rights and the International Covenant on Civil and Political Rights. What’s more, secular courts do not have the authority to say what marriages are religiously allowed or not,” said Eva. “How can we claim to be an example of tolerance when we deprive our citizens of the right to marry the person they love, simply because they have different beliefs?”

The Supreme Court must demonstrate their commitment to upholding the national constitution and international human rights law by canceling the circular,” said Eva. “We also call on the Indonesian House of Representatives to amend the 1974 Marriage Law to promote non-discrimination and safeguard the freedom of religion or belief, allowing all citizens to exercise their rights and choices in marriage without hindrance. Without this, we cannot move forward on President Jokowi’s ambition to become an ‘epicentrum of harmony’.”