NAP Development Process
There have been several initiatives to implement the UN Guiding Principles on Business and Human Rights in Indonesia. As of November 2021, a process for the development of a National Strategy on Business and Human Rights is underway and a draft was published in November 2020.
A NAP prepared by the National Commission on Human Rights
In September 2014 the National Commission on Human Rights (KOMNAS HAM) and the Institute for Policy Research and Advocacy (ELSAM), an Indonesian prominent civil society organisation working on human rights, started a collaboration for the development of a NAP with the agreement of several governmental institutions. In 2017, KOMNAS HAM published National human rights commission regulation No. 001 of 2017 concerning the adoption of the NAP on business and human rights. It referred to the policy paper (in Indonesian) that was prepared by KOMNAS HAM and ELSAM. This text has passed through a process of public consultation of stakeholders, including civil society organizations, the business sector, and government agencies. According to ELSAM (2020), this NAP has not yet received legitimacy and recognition from most of the Indonesian governmental institutions.
A National Strategy on Business and Human Rights
A National Focal Point on Business and Human Rights (within the Ministry of Law and Human Rights), supported by a multi-sectoral taskforce, is driving the process. The Taskforce is formed of different ministries, CSOs (including ELSAM), business associations, academia, as well as UNDP representatives. The Taskforce has no fixed timeline but is expected to begin work once the 5th human rights national action plan has been approved. The Taskforce is responsible for formulating, finalising and implementing the National Strategy.
The NAP prepared and published by the National Commission on Human Rights (KOMNAS HAM) and ELSAM has not received legitimacy and recognition from most of the Indonesian governmental institutions. It has, however, significantly contributed to further dialogues and commitment from the government to develop a NAP on BHR. The Coordinating Ministry of Economic Affairs, which was the national focal point for BHR until 2020, led the development of a NAP that could be legitimized by the government and handed over to the Ministry of Law and Human Rights, which has been the new National Focal Point for BHR since September 2020. The NAP is called the National Strategy on Business and Human Rights/NS-BHR (Strategi Nasional Bisnis dan HAM/Stranas BHAM).
On 14 October 2021, the Ministry of Law and Human Rights, conducted a public consultation to obtain feedback on the draft National Strategy. An additional call for inputs via a Google docs form was available online until 21 October 2021.
In October 2021, UNDP Indonesia held a joint webinar with the regional governments of 33 of the 34 provinces of Indonesia. The webinar was co-hosted by the Ministry of Law and Human Rights. During the webinar, it was explained that this national strategy was designed as a complement to the National Action Plan on Human Rights.
#UNGP has provided a global standard to ensure human rights are respected in business operations at all levels. Respecting human rights is our shared responsibility @Kemenkumham_RI pic.twitter.com/I5mdKyiXUk
— UNDP Indonesia (@UNDPIndonesia) October 14, 2021
On 25 November 2020, the Ministry of Law and Human Rights, with support from the European Union (EU) and the United Nations Development Programme (UNDP), launched the draft National Strategy on Business and Human Rights. This strategy ‘confirms the government’s commitment to protect the implementation of human rights within business operations.’
Consultations with civil society organizations were carried out to inform the substance of the recommended NAP on Business and Human Rights. UNICEF facilitated a consultation with children’s rights groups. Discussions were also held with legal academics. In addition, focus group discussions were held with several ministries/agencies that have authority in connection with business and human rights.
In 2019, the Coordinating Ministry for Economic Affairs organised a focus group discussion to begin the NAP development process.
#indonesia #UNGP NAP process is underway with Coord. Ministry of Econ Affairs leading. Great job @UNDPIndonesia in facilitating discussions between CSOs, NHRI, biz asscs and ministries! @globalcompact @UNDPasiapac @liviosarandrea @hkaur0304 @VictoriaBMFS @C_Bahuet pic.twitter.com/VxNUNuImaS
— Sean C. Lees (@seanclees) 15. februar 2019
The publication of the Draft Strategy on Business and Human Rights allowed stakeholders, including inter-ministerial departments, private and state-owned enterprises, business associations, civil society organisations and networks of academics to provide feedback directly onto the draft.
National Baseline Assessment (NBA)
A National Baseline Assessment has not yet been conducted.
Follow-up, monitoring, reporting and review
According to the Head of UNDP Indonesia’s Democratic Governance and Poverty Reduction Unit, a cross-sectorial National Task Force will be responsible for awareness raising on the business and human rights agenda and ensuring that the National Strategy is indeed implemented by business actors.
Furthermore, a Subnational Task Force on Business and Human Rights operating under the direction of the Ministry of Law and Human Rights and involving regional offices from the 34 provinces will be responsible for helping businesses to undertake self-assessments on risks of human rights impacts caused by their operations throughout Indonesia’s provinces.
Stakeholders views and analysis on the NAP
Foundation for International Human Rights Reporting Standards: Indonesia Launches National Action Plan on Business & Human Rights, 2017
Cambridge Core blog: Developing a National Action Plan on a Polycentric Governance System: Case of Indonesia, 2019.