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Concept note – Support to Democracy and Good Governance in In-donesia 2014-2017 22 August 2013 Embassy in Jakarta, Indonesia

Embassy Jakarta August 2013

Concept Note for Programme Committee: Support to Democracy and Good Governance in Indonesia

(2014 – 2017)

1. INTRODUCTION ........................................................................................................................................... 1

i) Key Strategic Questions ................................................................................................................................. 1

ii) Summary of the envisaged support ............................................................................................................. 1

2. SUMMARY OF CURRENT PROGRAMME PHASE .............................................................................. 2

3. PRELIMINARY OVERVIEW OF ENVISAGED SUPPORT................................................................ 3

i) Justification for the support – opportunities and challenges in Indonesia ............................................. 3

ii) Outline of support strategy ........................................................................................................................... 5

iv) Organisation and Management structure ................................................................................................... 7

v) Financial Management ................................................................................................................................... 7

vi) Risks and assumptions in relation to the envisaged support .................................................................. 7

Annex A: Process Action Plan.............................................................................................................................. 9

Annex B: Assessment according to the ten budget support principles ........................................................ 11

Annex C: Gender Equality Rolling Plan ........................................................................................................... 12

Annex D: Climate change and environment screening note .......................................................................... 23

Annex E: HRBA Screening Note....................................................................................................................... 28


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1. INTRODUCTION

i) Key Strategic Questions

1. Civil society approach: Given the country context and the size of the Danish engagement, the current pro-

gramme focuses on supporting civil society actors to effectuate change in Indonesia. The Embassy suggests continuing

this approach. Does the Committee agree with the civil society centred approach to supporting democracy and good gov-

ernance in Indonesia?

2. Building durable, institutional linkages: Given the multi-faceted priority (development, political, commer-

cial) attached to the Indonesian-Danish relationship and Indonesia’s middle-income status, the Embassy suggests that

the next phase should have an auxiliary objective to promote durable institutional relationships/linkages between rel-

evant Danish and Indonesian institutions and experts. Which relevant Danish institutions in the governance field

could be linked up with Indonesian partners? Are there any general lessons-learned in relation to building durable

linkages that the Embassy can draw on?

3. Taking risks: The Review Team in June 2013 found that the Embassy must retain some flexibility and be ready

to take more risks in order to make the programme more strategic. Does the Committee agree that the time has come

to take more risks? Political risks? Fiduciary risks? How could this be translated into the programme?

ii) Summary of the envisaged support

The overall objective of the envisaged support programme is to support key Indonesian stakeholders in further

consolidating and developing Indonesian democracy and governance.

The underlying principle of the programme is that civil society and media have a key role to play in

promoting democracy, transparency and accountability in Indonesia. By supporting the building of a

strong and active civil society in Indonesia, Denmark can support Indonesia in further developing its

viable and dynamic, yet fledgling democracy.

Formulation of the program will be based on the following considerations:

i) Build on the experiences and successes with partners so far – both in terms of areas/themes

and in terms of approaches – while at the same time,

ii) Allowing for inclusion of new activities in order to reflect new developments, challenges and

opportunities in Indonesia and – as agreed between the Danish and Indonesian Foreign Minis-

ters - assist Indonesia in its ambition to share lessons learned and spread democratic processes,

iii) Encourage the building of durable linkages and networks between relevant Danish and Indone-

sian institutions, organisations and experts as a means towards strengthening the on-going dia-

logue and cooperation between Denmark and Indonesia on selected governance themes,

iv) Retain some flexibility in order to be able to support smaller and more limited strategic activi-ties and interventions as opportunities arise. (Note: Unlike other priority countries, the Embas-sy in Jakarta does not have a separate LGA).


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The envisioned support is in line with the Danish Strategy for development cooperation “The Right to a Better Life” and the Human Rights Based Approach (HRBA), particularly as it will:

Support Indonesians and Indonesian civil society in effecting change in relation to non-

discrimination, transparency and accountability; and

Encourage interaction between rights holders and duty bearers both through direct inter-linkages

and informed public debate on key governance issues.

2. SUMMARY OF CURRENT PROGRAMME PHASE

The Danida program to support good governance, democracy, and human rights in Indonesia is cur-

rently in its third phase running until the end of 2013. The budget of the current program is DKK 50

million from 2010-2013. It builds on Danish support since 2007 to further advance and consolidate

democratic and rights-based civic values in Indonesia. The program has three components:

Component A: Strengthening civic values through religious institutions and the police in Indonesia.

Implemented by The Asia Foundation (TAF) in partnership with 12 local NGOs.

In February 2012, a complimentary activity was launched in cooperation with TAF and Paramadina

University on Women’s Rights and Religious Tolerance (DKK 8.2 million under the Freedom initi-

ative).

Component B: Increase capacity of Indonesia and regional law enforcement agencies to combat

transnational crime. Implemented by JCLEC (Jakarta Centre for Law Enforcement Cooperation).

Component C: Support to good governance and anti-corruption. Implemented by Transparency In-

ternational Indonesia (TII).

DKK 3 million was initially set aside as unallocated funds. They have been used together with the

Netherland Embassy to support a component in a larger programme “Leveraging and Educating Ac-

countable Democracy in Indonesia” implemented by Kemitraan (Partnership for Governance Reform

Indonesia).

The current support to good governance program has focused on a limited number of strategic partner

NGOs with a view also to supporting the development of a strong civil society in Indonesia. Overall,

the partners have proven to be effective and professional in terms of pursuing the programme objec-

tives, as well as instrumental in providing valuable access to a range of key players in Indonesia –

NGOs, religious groups, and academia as well as at the political level.

Some notable results from the current programme include:

TII has signed a MoU with the State Electricity Company (PLN) to promote good corporate

governance and anti-corruption principles in PLN. This serves as the entry point for TII to

implement anti-bribery rules inside PLN, starting from its procurement procedures which reach out

to a number of large multi-national companies. PLN is one of Indonesia’s largest state-owned


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enterprises (SOE) with around 46,000 employees, and it is expected that the cooperation with PLN

can serve as a model for future cooperation with other SOEs.

TAF and its partners have succeeded in having the Indonesian Supreme Court adopt a gender

sensitivity training program for religious courts as part of its annual work program. The Religious

Courts Body in the Supreme Court has further agreed to officially endorse a reference book

containing examples of gender and women’s rights cases. This supports the dissemination of

knowledge of available legal instruments related to domestic violence and eradication of violence

against women.

TAF has provided training on human rights, conflict management and quality public services to

more than 1,500 police officers. TAF’s engagement in the curriculum of the Indonesian Police

Academy (AKPOL) has gained strong momentum. Recently AKPOL requested an extension to a

5-year MoU to provide further and enhanced training on human rights issues to cadets.

The Danish flexible support to JCLEC has mainly been used to fund training courses on protecting

women and children. Around 350 officers from different law enforcement agencies have

participated in this course from 2010-2012. Danish support has also been channelled to fund a

regular financial investigation management courses, prepared and delivered by the office of the

Danish State Prosecutor for Serious Economic Crime (SØK).

3. PRELIMINARY OVERVIEW OF ENVISAGED SUPPORT

i) Justification for the support – opportunities and challenges in Indonesia

The Indonesian society has undertaken an impressive transformation during the last 10-15 years into a

vibrant and viable democracy. With a population of more than 240 million, Indonesia is increasingly

playing an active role on the international stage, taking on responsibilities (e.g. in peace keeping), and

contributing actively to the formation of the international agenda (e.g. post-2015 process). Indonesia

continues to be one of the strongest advocates for democracy and human rights values within ASEAN,

and Indonesia is increasingly open to share its own experiences with democracy with other countries in

transformative democratic processes.

Severely hit by the Asian Financial Crisis in 1997-98, today the Indonesian economy is robust and resil-

ient, expanding at an average of 6 per cent over the past five years. The strong economic developments

in Indonesia have contributed to lifting a large share of the Indonesian population out of poverty, and

the Indonesian middle class in expected to grow with another 90 million people during the next 15

years. Despite this impressive socio-economic transformation, poverty and inequality is still widespread,

and around 12 % of the Indonesian population (app. 30 million people) is estimated to live below the

nationally defined poverty line.1

Indonesia is still a relatively young democracy and as such continues to confront a range of challenges

in the further consolidation of its democracy. The Indonesian society is ethnically, religiously and geo-

1 The Indonesian Central Statistical Bureau (BPS) sets annual national poverty lines. In 2012, the annual poverty line was set at IDR 249,000 in 2012 pr. capita/month (app. USD 25). Source: World Bank’s Indonesia Economic Quarterly report – July 2013: ‘Adjusting the Pressure’.


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graphically very diverse, and questions and developments related to respect for religious rights and mi-

nority groups are constantly recurring in Indonesia. Some NGOs have pointed to a growing trend of

religious intolerance in Indonesia. The Jakarta-based Setara Institute released a report of this growing

trend: 216 cases of violent attacks on religious minorities in 2010, 244 cases in 2011 and 264 cases in

20122. These findings have also been supported by a recent Human Rights Watch report which high-

lights a number of specific cases of religious intolerance, including violent attacks and harassments to-

wards places of worship, and instances where law enforcement agencies failed to take the necessary

preventive actions3.

Corruption on different levels and in different forms constitutes an obstacle for the continued econom-

ic and human development as well as the further deepening of democracy in Indonesia. In 2012, Indo-

nesia placed 118 out of 176 countries on the Corruption Perception Index (CPI), and a Youth Integrity

Survey conducted by TII in 2013 showed a high degree of mistrust among youth in relation to service

delivery as well as apathy towards combating corruption.4 How to effectively curb corruption as well as

ensure that democracy delivers tangible benefits and real improvements to all Indonesians will continue

to be essential themes in the public debate in Indonesia in coming years.

Issues related to democracy, corruption, religious tolerance and human rights are discussed openly in

Indonesia as part of a highly dynamic and lively public debate. There is still, however, a need to engage

with media actors to ensure continuous capacity building towards strong, professional and independent

reporting. Viable and effective civil society organizations and independent and professional media -

with the necessary capacity to spread knowledge to right holders and effectuate change and encourage

accountability among duty bearers - are key ingredients in all democratic societies, including Indonesia.

Building a strong and empowered civil society, which can represent marginalised groups and advocate

for specific governance issues, is a key part of Indonesia’s continued transformative democratic pro-

gress – and a goal in itself.

A forward-looking programme review was conducted in June 2013. The Review Team concluded that

there is still a strong rationale for engaging the governance agenda in Indonesia, and Denmark can con-

tinue to play a positive role beyond 2013 by providing assistance to strengthen good governance, up-

hold tolerance and deepen democratic development.

Given the size and importance of Indonesia as a strong regional advocate of democratic and human

rights values, Denmark has a strong strategic interest in continuing to support Indonesia in pursuing its

objectives in these areas. A continued engagement would furthermore underpin and support the con-

tinued development of our bilateral relationship – a foreign policy priority for Denmark.

2 https://www.setara-institute.org/en/content/report-freedom-religion-and-belief-2007-2009 3 http://www.hrw.org/reports/2013/02/28/religion-s-name-0 4http://www.transparency.org/cpi2012/results; http://www.ti.or.id/en/index.php/press-release/2013/05/10/launching-of-youth-integrity-survey-yis-2013

https://www.setara-institute.org/en/content/report-freedom-religion-and-belief-2007-2009

http://www.hrw.org/reports/2013/02/28/religion-s-name-0

http://www.transparency.org/cpi2012/results

http://www.ti.or.id/en/index.php/press-release/2013/05/10/launching-of-youth-integrity-survey-yis-2013


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ii) Outline of support strategy

The programme will (continue to) support the development of substantive democracy in Indonesia by

supporting forces and actors that advocate for participation, transparency and accountability, solving

conflicts through dialogue, accepting diversity, non-discrimination and respect for human rights. It will

continue to primarily aim at supporting civil society in a period where financial support for CSOs is

shrinking. The Danish (and Nordic) approach to strengthen and capacity-build civil society could play

an important role in this respect.

The programme could be structured around the following two main clusters:

Cluster 1: Transparency and Accountability

The immediate objective will be to improve collective action as an approach to anti-corruption in In-

donesia (collaboration between civil society, private and public sector actors).

The programme will support Transparency International Indonesia (TII) with a view to further sup-

porting TII’s engagement with civil society, private sector, government and media as well as the contin-

uing development of TII’s organizational capacity. The component could further contribute to the col-

lective approach to anti-corruption, i.e. by promoting strategic cooperation with other key anti-

corruption stakeholders in Indonesia. The support to TII could also support capacity building of pro-

fessional journalism/reporting to effectuate accountability and transparency, e.g. by drawing on TII’s

existing cooperation with the Indonesian Independent Journalist Association.

Cluster 2: Non-discrimination, Tolerance and Civic Values

The immediate objective is to strengthen the capacity and commitment of society, state and law en-

forcement agencies to uphold human rights, peace and tolerance in Indonesia and the region through

collaborative action.

This Embassy will continue the collaboration with The Asia Foundation (TAF) and its local partners.

This will be based on TAF’s strategic considerations for its future activities, including i) the need for a

more geographically focused approach, ii) a combination of shorter and longer term measures to effec-

tively address increasing intolerance in Indonesia, and iii) the need to engage media and journalists in

order to promote professional and non-discriminatory reporting on these issues – as part of the shap-

ing of public opinion.

The programme will continue support to combating transnational crime in accordance with interna-

tional standards/conventions through support to Jakarta Centre for Law Enforcement Cooperation

(JCLEC). JCLEC has proven to be a strong training facility with cost-effective use of donor funds. The

flexible core support to JCLECs mission is envisaged to be continued and complemented by a more

substantive form of cooperation by providing further access to Danish institutions and experts based

on JCLEC training needs assessment and relevant Danish areas of expertise (e.g. the office of the State

Prosecutor for Serious Economic Crime (SØK) is already providing training at JCLEC).


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The programme will include Institute for Peace and Democracy (IPD) as a new partner. IPD was es-

tablished in 2008 to implement the agenda of the Bali Democracy Forum (BDF). BDF is an annual

high level forum of Foreign Ministers and Heads of State from Asian countries and the rest of the

world with the explicit purpose of sharing experiences on democracy, peace and human rights. As such,

it is a manifestation of Indonesia’s ambition to further promote democratic values and norms in the

region and beyond. The objective of Danish engagement with IPD will be to support IPDs own efforts

to share Indonesia’s lessons learned and spread democratic processes to other relevant countries in

South East Asia and elsewhere, which at the same time will have a positive feedback into further con-

solidating democracy in Indonesia. This cooperation will also include thematic support in the form of

access to relevant Danish institutions/experts as well as support to developing IPDs strategic and or-

ganizational capacity.

The Embassy finds that Kemitraan should not be included in the partner portfolio at this stage, as the

modality of delegated cooperation in the current context does not represent the same value for Den-

mark as the other suggested programme components.

Flexibility for strategic interventions

In order to be able to address new and relevant developments, respond to inevitable and unforeseen

events and pursue new possibilities to affect changes in Indonesia and the region, a limited amount will

be kept available as unallocated funds to give the opportunity to provide strategic and flexible support

for shorter-term activities (not foreseen during the formulation phase), e.g. more specific activities fo-

cussed on promoting professional journalism/reporting.

This component could also provide the necessary flexibility to be able to respond to developments at

the ASEAN level, e.g. in further developing the ASEAN human rights framework. Such activities could

further support the objective of building linkages and promoting cooperation between relevant Indone-

sian/ASEAN and Danish institutions. The use of unallocated funds should fall within the overall ob-

jectives of the program, i.e. governance, democracy and human rights.

iii) Preliminary indicative budget*

Million DKK 2014 2015 2016 2017 Total

Cluster 1 - Transparency and Accountability

- Transparency International Indonesia 3 3 3 3 12

- Poss. other stakeholders 1 1 1 1 4

Cluster 2 - Non-discrimination, Tolerance and Civic Values

- The Asia Foundation 6 6 6 6 24

- JCLEC 2 2 2 2 8

- Institute for Peace and Democracy 1 1 2 1 5

Subtotal

Unallocated funds 1 2 2 1 6

Other (short term tech. ass., reviews, studies etc.) 1

Total 60 * Note: The distribution of the budget is indicative. The final distribution will depend on the elabo-rate project proposals to be received from the partners.


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iv) Organisation and Management structure

The Embassy has the ultimate responsibility for oversight of the Programme. The Embassy will sign

bilateral agreements with partners and will have regular Steering Committee (SC) meetings with those

partners where the support extended is of a certain size. Through the SC meetings, the Embassy will

monitor and review progress reports in terms of timely progress towards objectives, lessons-learned,

outputs, and expenditures as agreed in the Project Agreement. In regards to JCLEC, the Embassy will

use its position as an observer in the Board of Supervisors actively to address relevant issues and devel-

opments. The Embassy will engage short-tem, local consultants whenever necessary to assist with mon-

itoring and evaluation of the programme.

In order to maintain relevance of the program in constantly and often rapidly changing circumstances

both at the local, national and regional level, the Embassy will engage in continuous discussions with

partners on the strategic direction of the activities as well as potential need for adjustments and re-

sponses to new developments.

The Embassy will continue to advance and develop the partnership with the different partners in a way

that is conducive for creating a flexible and dynamic programme with strong local ownership as well as

organizational capacity building. In preparing the next phase of the programme, the Embassy will con-

sider the possibility of flexible, core funding based on the institutional needs and character of the indi-

vidual organization.

The Embassy will strive to ensure as much synergy between components as possible, while at the same

time recognising that partners are independent professional organisations working in different areas

with many other development partners. The Embassy - together with the consultant team and TAS -

will assess for each partnership whether core funding is a possibility. The Embassy will engage with EU

and other like-minded donors to facilitate coordination, information-sharing and - where relevant -

assess the possibilities for joint support.

v) Financial Management

The Embassy has the overall responsibility for management of the grants and disbursement to partners.

Disbursement to partners are dependent on adequate financial and narrative reports and audit reports

from partners as well as the periodic (semi and/or annual basis) financial absorption from partners.

The Embassy will stand ready to engage a Certified Public Accounting firm of international standard to

do additional audit of the partners’ accounts – outside of the regular annual audit – should this be

deemed necessary.

vi) Risks and assumptions in relation to the envisaged support

The existing overall assumptions and risk analysis at the programme level are still valid. The assump-

tions include continued commitment, political will and support from the Indonesian government e.g. in

relation to curbing corruption, promoting human rights and pursuing reforms.


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The activities described above will be implemented in a changing political context where local, national

and regional developments may give rise to a need for adjustments in planned activities. This will be

reflected in the programme administration which should allow for regular revisions of activity plans and

budgets as and when needed (see Management structure).

The programme depends on an enabling environment for civil society and media. This could be affect-

ed by implementation and/or issuance of laws with the potential to reduce political space (e.g. defama-

tion laws and new legislation on the funding and activities of civil society).

Any mismanagement of funds is damaging to the trust needed for providing support for anti-

corruption and democracy. Continuing to strengthen the capacity of NGOs accounting and audit staff

and establishing clear guidelines and procedures, is expected to reduce the risk of mismanagement.

****


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Annex A: Process Action Plan

Updated 31 July, 2013

Phase

Timing

Activity / Output

Unit respon-

sible

Status /note

Imp

lem

enta

-

tio

n o

f M

RD

3 January - May

2013 Evaluation: Undertake systematic and compre-hensive documentation of “lessons learned” by existing partners. Conduct Steering Committee meetings with TAF and TII in May 2013.

RDE

Pre

par

atio

n f

or

nex

t p

has

e

May 2013 Preparation of forward-looking mission of the next phase of MRD programme.

RDE/UFT

June 4-18, 2013 Forward-looking review mission to Indonesia

UFT/RDE Report will serve as input for concept note

June-July 2013 Follow-up review recommendations with part-ners. Drafting of concept note for presentation to Programme Committee.

RDE

By July 31 latest Submit Concept Note for Programme Committee. Subsequent public hearing of Concept Note.

RDE

August 22, 2013 Presentation to MFA’s Programme Committee

RDE and MFA

Form

ula

tio

n

and

Ap

pra

isal

Ultimo Au-gust/September

Drafting of new Programme Support documenta-tion

RDE/Partners/ Consultants

(TBC) September- November 2013

Appraisal process

TAS (UFT)

November/ December 2013

Possible RDE comments and follow-up to ap-praisal

RDE

Fin

anci

ng

dec

isio

n

December/ January 2014

Drafting of Grant Proposal RDE – with input from UFT

End January, 2014 Deadline for submitting requests for agenda items for External Grant Committee

RDE Sent to [email protected]

Primo February Submit Grant Proposal RDE

Primo February Grant Proposal is submitted to members and published

Committee Secretariat

(TBC) February Meeting in External Grant Committee RDE + External Grant Commit-tee, ALO

NB: RDE would like to aim for first EGC meet-ing in 2014

End February/ Submit to Minister for Development Cooperation KVA

mailto:[email protected]


10

Primo March for approval

Jan-Feb Prepare formal partner agreements RDE

March Enter into partner agreements

March/April First disbursement under new phase RDE


11

Annex B: Assessment according to the ten budget support principles

Not relevant for this programme.


12

Annex C: Gender Equality Rolling Plan


Basic information

Programme title Support to Good Governance in Indonesia

Sector Good Governance

Country Indonesia

Budget (Danida’s contribu-

tion)

DKK 60 million

Starting date and duration 1 January 2014 – 31 December 2017

Phases in the

programme cycle

and documenta-

tion

Action required

Responsibility

Preparation phase

GERP annexed

to the Concept

Note

1. National legal platform and policies Legal Platform:

Constitution of the Republic of Indonesia (UUD 1945), including its Preamble, and Pancasila: the State Philosophy which grants equality to all citizens

Law no. 80/1957: Ratification of UN ILO Convention no. 100 on equal remuneration for men and women workers for work of equal value.

Law no 68/1958: Ratification on UN Convention on the political right of women.

Law No. 7/1984: Ratification of UN Convention on the Elimination of all Forms of Discrimination Against Wom-en (CEDAW)

Law no. 5/1998: Ratification on UN Convention against torture and other cruel, inhuman or degrading treatment or punishment.

Law no. 39/1999: the Human rights

Law no. 23/2004: Elimination of the domestic violence.

Law no. 12/2005: Ratification on the International cove-nant on civil and political rights.

The Danish

Representation


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Phases in the

programme cycle

and documenta-

tion

Action required

Responsibility

GERP annexed

to the concept

note

National Policies:

Presidential Instruction (INPRES) No. 9/2000: Gender mainstreaming in National Development, clarifies the roles and responsibilities for gender mainstreaming within gov-ernment departments and agencies

Presidential Decree (PERPRES) no. 5/2010: RPJMN 2010-2014 (National Development Planning – Medium Term), recognizing the important roles of women in the development. However, there has been a gender disparities resulting in their low quality of life.

Ministry of Women Empowerment develop guidance on the implementation of Presidential Decree which was formalised through the Decree (Keputusan Menteri Pem-berdayaan Perempuan) No. B89/2002 on mainstreaming gender at national and regional level.

Ministry of Home Affairs Decree (PERMEN) no 67/2011: Revision on the PERMEN no 15/2008 on Gen-eral guidelines on the implementation of gender main-streaming in the regions (provinces).

A bill on Gender Equality is still being discussed in the Parliament. The bill is however received resistance from several Moslem organizations. Many women activist, acad-emicians, are monitoring this.

State Ministry of Women Empowerment and Child Protection

(MoWECP)

The GoI established this Ministry in 1978, which plays a central

role in promoting gender mainstreaming as a development strategy

as well as child’s protection and well being in Indonesia. The func-

tion of the Ministry is amongst others: to formulate government

policies pertaining to women’s empowerment and family planning,

to coordinate and integrate the planning, monitoring and evalua-

tion of women’s empowerment programs and to facilitate the im-

provement of the status of women in the family and society and

women’s participation in development.

2. Main non-governmental stakeholders promoting gender equality.


14

Phases in the

programme cycle

and documenta-

tion

Action required

Responsibility

Women Study Centers, mostly at universities as part of university

research centres, were established to support and accelerate gender

mainstreaming in Indonesia. There are many non-governmental

organisations focusing in gender, some of the main NGOs are

Kalyanamitra, Indonesian Women Coalition (Koalisi Perempuan

Indonesia), Kapal Perempuan, Solidaritas Perempuan, Women

Resource Institute and Women Journal Foundation (Yayasan

Jurnal Perempuan).

In 1998, the President issued a Decree no. 18 on the establishment

of National Commission on Violence Against Women (Komnas

Perempuan). Komnas Perempuan was established to prevent and

address the prevalence of violence against women as well as to

eliminate any kind of violence against women. It is an independent

body and responsible directly to the President. The roles are: 1)

conduct monitoring, including fact finding missions, on any forms

of violence against women and is also responsible for taking

measures to ensure accountability, and 2) provide recommenda-

tions and develop regional and international cooperation for the

advancement of the protection of women against violence and

women’s rights.

3. Donor harmonisation and alignment in the area of gender.

There are many international and bilateral institutions that have

been supporting government and other institutions in enhancing

gender equality in Indonesia such as CIDA, Danida, UNIFEM,

UN Women, UNFPA, UNESCO, UNICEF and ILO.

Gender is mainstreamed in the current Danida’s program on MRD


15

Phases in the

programme cycle

and documenta-

tion

Action required

Responsibility

(Good governance and human rights) and Environment Support

Program (ESP). A compliment project of Women’s rights and

religious tolerance is so far the only project in which women are

specifically targeted in the implementation through one the com-

ponents, i.e. road-show seminar on women in public sphere.

Recently, MoWECP and BPS is collaborating with UNFPA pro-

posed a 2014 National survey on violence against women in Indo-

nesia. A meeting with the development partners has been held to

discuss the plan including to seek a potential funding from donors.

4. Availability of sex-disaggregated data.

Based on the Ministry of Women Empowerment (Peraturan Men-

teri Pemberdayaan Perempuan) No. 6/2009, about gender and

child data availability stated the needs of having the sex-segregated

data is a principal in gender mainstreaming.

Several sex-segregated data are available, such as:

Human Development Index, Gender Development Index and Gender Empowerment Index

Life expectancy rate

Employment rate

HIV/AIDS rate

Legislative and executive representative

School enrolment rate


16

Phases in the

programme cycle

and documenta-

tion

Action required

Responsibility

5. Assessment of major gender issues at

national and sector level.

Despite the strong support for equality in national legislation and

international treaties, there remain contradictory legislative and

policy arrangements.

The 1974 Martial Law (UU Perkawinan) is prone to the possibility of polygamy, creates a room for a child (girl) marriage, and gender stereotyping on the different roles and responsibilities between men and women.

Legislation has also failed to alter traditional-patriarchal norms and values which give men greater rights for land ownership/titleship, greatly affecting women’s economic opportunities. The inability to provide acceptable collateral (as women rarely own land) makes women difficult in ac-cessing credit through formal financial institutions.

In 2008 the controversial anti-pornography law (UU no 44/2008) was enacted amidst heated public controversy as women are discriminated, and the enforcement of this law is prone to incident of gender-based violence.

Ministry of health regulation no. 1636/MENKES/PER/XI/2010 regarding female circum-cision. This practice is considered against the principles of recognition, protection, fulfilment and the promotion of human rights, especially women and children rights. Em-pirical studies showed that this medicalization of female circumcision continues to this day and has been occurred in some parts of the country. The practice is generally un-dertaken by a traditional birth attendant within the first six weeks after the baby girl is born for religious reasons.


17

Phases in the

programme cycle

and documenta-

tion

Action required

Responsibility

As at August 2011, Komnas Perempuan (National Com-mission on Violence against Women) recorded there were 207 discriminatory policies in the name of religion and morality, 200 of which exist at district and provincial lev-els. Of the 207 policies, 78 specifically target women by regulating dress code (23 policies) and regulating prostitu-tion and pornography (55 policies) which in fact criminal-ize women. Statements made by government representa-tives perpetuate such discriminatory attitudes, such as the recent case of raping in public transportation of which some representatives blame it to women wearing a “pro-vocative” outfit.

Although Indonesia has had a woman as president, wom-en are still greatly under-represented in parliaments as well as in the senior position at civil services especially at the provincial level. An affirmative action in politics, through UU no 2/2011 (as a revision from UU no 2/2008) for a minimum 30% of women representatives in the parliament has so far not yet implemented fully. Women without a strong and solid political background are often being of-fered a seat in the parliament by political parties merely to fill in the quota of 30%.

Marriage at young age is still relatively widespread although is decreasing, especially in rural areas and slums. Early marriage leading to early pregnancy can greatly increase girls’ risk of dying or experiencing serious and long term health problems as a result of pregnancy and childbirth.

Women adherents of indigenous faiths and members of minority groups as well as indigenous communities still cannot freely register their marriages. To register their marriages, the adherents of indigenous faiths are obliged to become a member of an organized faith organization – the mainstream religions. Yet to join an organization is a right, not an obligation. Women of the minority groups also ex-perience psychological exhaustion due to the growing in-tolerant acts carried out in the name of religion.

The recent corruption cases being and have been handled


18

Phases in the

programme cycle

and documenta-

tion

Action required

Responsibility

by KPK show a trend where women are involved directly (as perpetrator) or indirectly (esp. in the case of money laundering, usually through an “extended family” alias po-lygamous marriage of the accused corruptors).

6. Opportunities/constraints for address-ing these issues.

Indonesia has made some progress in mainstreaming gender. The

legal platform and national policies listed above are not an exhaus-

tive list, and they show the government commitment to improve

the roles of women in the national development which will eventu-

ally improve their well-being. The annual national reports on the

MDGs have reported some positive achievements such as the

availability of disaggregated data, increased of health access, in-

creased educational participation and improved literacy rates

amongst men and women.

But there are still much to be done. What have been presented in

the major gender issues above are an eye opener that despite the

government official standpoint favouring gender equality, there

remain significant challenges to the promotion of it. Since the re-

gional autonomy regime was introduced into the Indonesian legal

system, GoI has identified gaps of commitments at the regional

level and this is reflected in various local by-laws which not only

discriminate against women, but also violate women’s rights. Such

by-laws have mostly been used as part of the politicization of

women’s role vis a vis religious values/issues. There are also gaps

in data and information to reveal the actual discrimination cases,

since these are either not available nor are reliable.

The role of non-state actors, such as NGOs, NHRIs (national

human rights institutions), CSOs and donors, are therefore still

greatly needed. The non-state actors have been playing an im-


19

Phases in the

programme cycle

and documenta-

tion

Action required

Responsibility

portant role in the advocacy for gender equality through religious

approach, and in the curriculum reform in Pesantren (Islamic

boarding school) to incorporate gender perspective and equality.

Some of the NGOs have also provided assistance to the violence

victims.

The significant economic growth in Indonesia of 6% with a mas-

sive increased of a middle-class economy have to a large extent

reduced gender inequalities in several dimensions. This being said,

that gender disparities in some other dimensions have been more

persistent and some even failed to close with development. The

facts create a basis for the development partners and GoI to go

hand in hand in working further in the gender equality issues.

Formulation

and appraisal

phase

GERP and or

programme

support docu-

ment, partner

programme

document or

component de-

scription

The next phase of MRD program in Indonesia will start in 2014

and is implementing for 4 years to 2017. It is foreseen that the

Royal Danish Embassy will maintain the current bilateral partners,

with a view to also include some other relevant partners in advanc-

ing good governance and human rights in Indonesia.

The Asia Foundation (TAF):

TAF will address the gender issues throughout the pro-gram implementation as part of their intervention to en-sure the fulfilment and protection of the minority rights.

TAF will maintain the data and information on women’s participation during the project planning and execution through a disaggregated data.

TAF will continue to conduct training, seminar, workshop and meeting in which women are sufficiently represented, and that the materials provided are gender sensitive.

Transparency International Indonesia (TII):

The Danish

Representation


20

Phases in the

programme cycle

and documenta-

tion

Action required

Responsibility

Appraisal re-

port

Gender is mainstreamed in the program. TII has been us-ing the external gender consultants in the current phase to assist in designing the project addressing gender issues in e.g. local participatory budgeting process.

TII is not explicitly described how gender equality will be addressed in the next phase of the program.

JCLEC:

Gender has been mainstreamed throughout the program. As a training institution, JCLEC has been advocating more participation of women across the law enforcement agen-cies in the courses.

Danida funds will continue be used for relevant courses addressing gender-based discrimination, such as human trafficking and violence against women and children, par-ticularly from police officers in the UPPA (Unit for Wom-en and Children Protection) in the police offices.

Disaggregated data on women participation in the course will be made available in the report.

The next phase of the program will also see a potential networking

with and support to ASEAN charter of human rights resource

center, and possible with other NHRI (National Human Rights

Institutions). Such potential and possibility will depend on the

existing resources in the Embassy, as well as their relevance with

the Danish interest and development cooperation strategy in Indo-

nesia. Gender issue, including women’s and children’s rights will be

an integral part of the activity.

List identified gender equality indicators aligned

with national targets on gender.

List how gender equality will be included in pro-

posed monitoring and evaluation systems.

The appraisal

team

The Danish

Representation


21

Phases in the

programme cycle

and documenta-

tion

Action required

Responsibility

Include the scope of gender-specific work in TOR

for the appraisal mission.

Assessment of the proposed objective, strategy,

activities and expected outputs as regards main-

streaming of gender in the programme.

Revision of the draft programme document as

needed.

Implementation

phase

Assess whether gender has been considered in the

preparation of action plans and in the reporting

format as part of regular reporting and monitoring

mechanisms.

Assess progress achieved in addressing gender is-

sues in the

Recommend changes as required.

The Danish

Representation

The review

team


22

Phases in the

programme cycle

and documenta-

tion

Action required

Responsibility

Review Aide

Memoire

The review

team

Completion

phase

Completion re-

port

Document whether the programme has achieved

its gender objectives using specific data.

The Danish

Representation


23

Annex D: Climate change and environment screening note


Basic Information

Programme title: Support to Democracy and Good Governance in Indonesia 2014-2017

Country/region: Indonesia/Asia

Estimated allocation: 60 Million DKK

Brief description of the Programme sup-port:

The overall objective of the programme is to sup-

port key Indonesian stakeholders in further con-

solidating and developing Indonesian democracy

and governance.

The underlying principle is that civil society and

media continue to have a key role to play - in co-

operation with other stakeholders - in promoting

democracy, transparency and accountability in

Indonesia. By supporting the building of a strong

civil society in Indonesia, Denmark can support

Indonesia in further developing its viable and dy-

namic democracy.

Dates (expected): Programme committee: 22 August 2013 Appraisal: (TBC) September 2013

Screening of Country Climate Change Framework

Assess the adequacy of policies and strategies to respond to climate change in the country and sector For OECD/DAC guidance document see [link]. If the issue is inadequately dealt with (indicated by a tick in the “no” box), please add comments and indicate further work to be un-dertaken (see also “next steps” section, below).

Issue: Yes No Comments and further work to be done:

1. Are the processes and impacts of climate change un-derstood and documented (e.g. in national communica-tions to the UNFCCC)?

2. Is there a national climate change policy or strategy, including estimates of the economic costs of adaptation?

3. Have nationally appropriate mitigation actions (NA-MAs) been identified (e.g. targets for renewable energy production)?

4. Has a national adaptation programme of action (NA-PA) been approved identifying key sectors where adapta-tion is required?

http://www.oecd.org/dac/43652123.pdf


24

5. Are there effective and operational meteorological and disaster preparedness organizations?

Summarize the overall assessment of climate change impacts and responses: Indonesia’s long term national development plan of 2005-2025 has a legal platform in Law no 17/2007. The law is aimed at securing a green and sustainable Indonesia, in which issues of environment and disaster management is one of the national priorities, which is also evident in the medium-term development plan of 2010-2014. Sustainable development is mainstreamed throughout the national priority in the development plan, and climate change is a cross cutting issue. NAMA in Indonesia is termed RAN GRK (Rencana Aksi Nasional – Gas Rumah Kaca), while NAPA is termed RAN API (Rencana Aksi Nasional – Adaptasi Perubahan Iklim). Bappenas (National development planning agency) is The ministry that coordinates the development of both national action plans. RAN GRK has been developed since 2011 through Presidential Decree (Perpres) no. 61/2011 and Perpres no. 71/2011. The latter serves as a legal basis to develop an action plan at the provincial level (RAD GRK). The General guideline of RAN GRK and the Technical guideline on Process and Procedures in developing RAD GRK are developed by Bappenas as guideines for the provincial level to:

Calculate the greenhouse (GHG) emission reduction potential and provincial BAU (business as usual) baseline (incl. cities and districts).

Develop a strategy for GHG emission reduction.

Develop and propose selected local GHG mitigation action plans.

Identify key stakeholders/institutions and financial resources. RAN/RAD GRK is an implementation of Indonesia’s commitment in the G-20 Pittsburgh and in COP 15 to reduce global warming through reducing greenhouse emission between 26-41% by 2020. The action plan is also an instrument for moving towards a green economy and sustainable development. The emission reduction will be achieved in the sectors of: 1) Forestry and peatland, 2) Agriculture, 3) Energy and transportation, 4) Industry, and 5) Waste management. By end of 2012, there are 29 provinces with RAD GRK established through a Gubernatorial Decree; 3 provinces have finalized the action plan and the Gubernatorial Decree is in process; and only 1 province is in process of finalizing the action plan. The Government of Indonesia (GoI) established the National Council on Climate Change (DNPI – Dewan Nasional Perubahan Iklim) through Presidential Decree no 46/2008. Under the direct chairman-ship of the President, DNPI’s role is to coordinate the implementation of the climate change programs and to strengthen the position of Indonesia in international forums in controlling climate change. DNPI, with a contribution from relevant stakeholders, has been actively involved in drafting the RAN API. In early 2011, a draft document of RAN API has been finalized and presented as an input to Bap-penas. RAN API is prioritizing on 4 sectors: 1) Agricultural, 2) Coastal zone, Ocean, Fishery and Small Islands, 3) Health, and 4) Public Works. RAN API is designed so that the national development is adaptable to climate change, aiming at resili-ence of development system against potential climate anomalies and improving the ability to anticipate the impacts of climate change in the future. Such resilience will be focused in 4 sectors, concurrence with the priority in the draft from DNPI, i.e. 1) Economic resilience (sector: food security and energy inde-pendence), 2) Livelihood resilience (health, housing, infrastructure), 3) Ecosystem and biodiversity resili-ence, 4) Special areas resilience (urban, coastal zone and small islands).


25

Indonesia is gaining a significant support from major donor agencies for the implementation of RAN GRK and RAN API, either through a multilateral agreement or bilateral agreement. The UN Framework of REDD+ is one of them. In 2009, Bappenas introduced an Indonesia Climate Change Trust Fund (ICCTF) to manage grants for the implementation of Indonesia Climate Change Sectoral Roadmap (IC-CSR) as a guideline to mitigate and reduce impacts of climate change.

Screening of Country and Sector Environmental Framework

Assess the adequacy of legislation, policies and procedures for environmental management and impact assessment in the country and sector. If an issue is inadequately dealt with (indicated by a tick in the “no” box), please add comments and indicate further work to be undertaken (see also “next steps” section, below).

Issue: Yes No Comments and further work to be done:

1. Do national procedures and legislation for Strategic En-vironmental Assessment (SEA) and Environmental Impact Assessment (EIA) exist?

2. Are there operational national environmental action plans or environment sector programmes?

3. Are there regularly updated state of the environment reports and environmental monitoring systems with indicators?

4. Is environmental management sufficiently integrated into the sector plans?

5. Is there sufficient institutional and human capacity for environmental management in the sector concerned?

Summarize the overall impression of the Country and Sector Environmental Framework: Indonesia is well aware of its vulnerability against climate change. To that effect, GoI has taken necessary steps and actions to ensure that such issues are incorporated in the legal frameworks. Bappenas has been appointed as a national coordinator of relevant ministries and institutions working towards a sustainable and green Indonesia, i.e. Ministry of Environment (for a measurement, reporting and verification/MRV and other environment policy and program, and for international communications), UN REDD Task force, Ministry of Finance (for a budget and fiscal dis/incentives), Ministry of Energy, Mineral resources and Renewable Energy, and DNPI. Under the coordination of Bappenas, those ministries and institutions have all been actively involved in the coordination forum, sharing relevant knowledge and information, and in developing national strategy for environmental management. Challenges remain. Indonesia geographically spans on more than 81,000 km of coastal line with more than 17,000 islands. The economic growth of 6% has so far mostly been benefiting people living in the urban areas. Indigenous people, who are living in the remote areas, are prone to a land-titling conflict with the extractive industries and have been marginalized from a robust economic growth. There are still issues that the existing country and sector environmental framework are not yet sufficient to respond to various and wide-spread environmental concerns in the national and regional development. Although GoI has issued Presidential decrees and other non-laws mechanisms to respond to climate change, the pressing and growing challenges in the environmental sector need to be addressed through


26

the law. The laws on climate change will provide a long-run certainty on the commitment and engage-ment of both private and public sectors toward a green and sustainable Indonesia. Discourses on the need are growing among relevant stakeholders but the GoI has yet to decide on this.

Opportunities and risks of the programme related to Climate change and the environment

Assess how climate change and environmental opportunities and risks will arise through the pro-gramme:

Will the programme ... Oppor-tunity:

Risk: None:

1. ... have an impact on the pollution of soil, water or air as a result of emissions or discharges?

2. ... lead to changes in land and resource tenure and access rights, including the rights of indigenous peoples?

3. ... include activities within or adjacent to protected or environ-mentally sensitive areas?

4. ... result in livelihood changes (including resettlement) that can increase or reduce the pressure on available natural resources?

5. ... have direct or indirect impact on occupational health and safe-ty?

6. ... have direct or indirect impact on environmental health?

7. ... have direct or indirect impact on climate change (e.g. through increasing or reducing emissions of greenhouse gases)?

8. ... have direct or indirect impact on the resilience of communities in the face of natural disasters?

Summarize and explain climate change and environmental opportunities:

The Support to Democracy and Good Governance program in Indonesia will not focus specifically on the issues of environment and climate change. Danida’s support to Indonesia in this area is channelled through the Environmental Support Program (ESP). A new phase of ESP (ESP3) was initiated in Janu-ary 2013 with a budget of DKK 270 million for 5 years until 2017. The programme provides support to both central and provincial administration, along with a number of NGO driven projects, and a project managed by the World Bank. ESP3 comprises 3 components:

1. Improved local impact from implementation of policies and environment management, also in the field of climate change mitigation and adaptation.

2. Support to implementation of energy efficiency, energy conservation and renewable energy poli-cies.

3. Climate change mitigation through natural resource management, including community-based NRM.

Summarize and explain climate change and environmental risks:


27

Identify requirements for undertaking an Environmental Impact Assessment (EIA). Categories are: [ A ] Full EIA required; [ B ] Partial EIA required; [ C ] No EIA required5. Component Name: Category A, B or C:

1: Select category:

2: Select category:

3: Select category:

Will national regulations and procedures for EIA be applicable to activities of the programme that have potential environmental impacts? – Yes - No When will the EIA be undertaken?: Not applicable for this program. See above section.

Next Steps – process action plan Need for further work during the preparation, appraisal and implementation of the programme arising from the climate change and environment screening: Suggested activity: Action needed Comments and elaboration:

1. Assessment of Environmental Management in sector development plan.

Not applicable for this program (NA)

2. Assessment of capacity for Environmental Man-agement in the sector.

NA

3. Prepare ToR for and conduct Country Analytical Work.

NA

4. Prepare ToR for and conduct SEA(s) of sector policies or plans.

NA

5. Prepare ToR for and conduct EIA(s) for pro-gramme support activities.

NA

6. Initiate donor harmonisation in the sector on envi-ronmental assessment and management.

NA

7. Other...?

Signature of Screening Note

Place and date ………………………………………………………. (name) Danish Representation in Jakarta

5 Category A = Intervention is likely to have adverse environmental impacts that may be sensitive, irreversible, and signifi-cant in scale/scope; B = Intervention is likely to have negative impacts, but which are less significant, not as sensitive, nu-merous, major or diverse; C = The environmental risk of the intervention are of little or no concern.


28

Annex E: HRBA Screening Note


HRBA Screening Note

Purpose: The HRBA Screening Note complements the HRBA Guidance Note. The purpose of the note is to facilitate and

strengthen the application of the Human Rights Based Approach to development in policy dialogue and programming

related to Danish development cooperation. It can be used as an inspiration checklist by all staff.

The preparation of the HRBA screening note is mandatory for all Danish programme support. Preferable, the HRBA screen-

ing note should be developed in collaboration with the partner country and relevant donors. The HRBA screening note will

be updated through the programme cycle (preparation, formulation and appraisal) accounting for the integration of the

HRBA in key documents pertaining to these phases. This means that the ‘Analysis’ section must be prepared for Concept

Note submission while the questions in the ‘Policy Dialogue’, ‘Formulation’ and ‘Results/Indicators’ sections can be filled

tentatively at this point. These sections must then be updated or elaborated on for the appraisal and submission to Financ-

ing Decision.

In order to minimize duplication of work, please highlight key pages or sections in the relevant document(s) below, indicat-

ing where HRBA is reflected. This may include information on results, actions or expectations related to the identified

duty-bearers/right-holders.

Basic info

Title Support to Democracy and Good Governance in Indonesia 2014-2017

Country/ region Indonesia/Asia

Budget in DKK m 60 mill DKK

Starting date and

duration

1 January 2014 for 4 years

Analysis Issue/ Question Yes No Relevant sections(s)

If not applicable,

please explain

why


29

Human Rights

Standards

Are key international

human rights standards

in focus area reflected?

☒ ☐ Key international human

rights standards are reflected

throughout the program.

Special attention will be giv-

en to issues addressed

through:

Support to The Asia Founda-

tion (TAF):

Religious tolerance and protection of the rights of minorities.

Fulfilment of women’s rights, and ensure that gender are main-streamed and sensitised in the implementation.

Freedom of the press is reflected through a non-discriminatory and neu-tral news in the media.

Support to Transparency In-ternational Indonesia (TII):

Ensure transparency in the public sector, esp. in relation to the use of public money in the polit-ical party.

Support to Institute for Peace and Democracy (IPD):

Sharing Indonesia expe-riences to the region on its democracy, peace and human rights.

Support to Jakarta Center for Law Enforcement Agency (JCLEC):

Protection of women and children, in particular on the trafficking cases.

Ensure the acceptable balance of female law en-forcement officers partic-ipated in the courses.


30

Where relevant, is ap-

plication at national

level, including major

gaps between human

rights in principle vs.

human rights in prac-

tice, evaluated and

identified?

☒ ☐ The programme is making

use of the empirical studies

how Indonesia has taken key

human rights standards and

principles into its domestic

legal order, and how these

have been in practice over

years, particularly following

the height of the reformation

era.

Said studies were conducted

by human rights institutions,

such as Setara Institue, Wa-

hid Institute, Human Rights

Watch, Komnas HAM (Indo-

nesia’s national human rights

institute), and Komnas Per-

empuan (National commis-

sion on violence against

women).

Major findings include: wor-

rying trend of religious intol-

erance, human rights viola-

tion by state actors, and lack

of capacity for enforcement

agencies to handle communi-

ty conflict.

In other component, the pro-

gramme is developed to ad-

dress misuse of public funds.

Issue of transparency in the

public funding use and access

to public information become

crucial in this component.


31

Are key recommenda-

tions from UPR for the

thematic intervention

areas and from any

treaty bodies, special

procedures, INGOs,

NHRIs etc. that require

follow up at national

level considered?

☒ ☐ Please see above. Some key

recommendations from UPR

which have been considered

are:

Human rights education and training continue to be part of the pro-gramme, esp. through support to TAF and JCLEC. This includes edu-cation and training to po-lice and cadets.

Protection of women and children, esp. those who are in conflict, who are part of the minority, and vulnerable to be part of trafficking cases, are con-siderably addressed in the programme. This in-cludes encourage the participation of state ac-tors – the police, Attor-ney general Office and courts – to engage in the relevant courses provid-ed by JCLEC and TAF.

Religious tolerance is part of the programme. The sensitive, complex and interconnected na-ture of issues related to religious tolerance in In-donesia will be duly con-sidered throughout the programme implementa-tion.


32

Are rights-holders iden-

tified?

☒ ☐ The programme will address

community at large in where

the programme is imple-

mented. Men and women,

and urban and rural inhabit-

ants are stakeholders of the

programme. Children will be

addressed, but not as a sepa-

rate part of the community.

..and duty-bearers? ☒ ☐ This includes state actors like

police, civil servants/officials

in relevant ministries, local

government offices, and pub-

lic service providers, such as

SOEs.

Principles

Non-

discrimination

Are any groups among

rights holders that are

excluded from access

and influence in the

focus area identified?

Are disaggregated data

available on most vul-

nerable groups?

☒ ☐ The programme is designed

and developed to engage all

stakeholders in a various lev-

el. Effort will be taken on a

regular basis to ensure that

none of the groups among

rights holders in the focus

area is excluded for any rea-

son.

Disaggregated data on most

vulnerable groups are availa-

ble, esp. under the support to

TAF.


33

Participation and

Inclusion

Are barriers for partici-

pation, inclusion and

empowerment of rights

holders identified?

☒ ☐ The programme is working

with other parties, including

state officials, to ensure that

right holders have a meaning-

ful and active participation.

Identification for possible

barriers for participation will

be done in the start of the

programme and will be eval-

uated throughout the period.

This is done, among others,

through the optimal use of

the community and stake-

holders meetings.

Transparency Is the extent to which

information is accessi-

ble to rights holders

including marginalised

groups assessed?

Where relevant, wheth-

er information is availa-

ble in other than official

languages of the coun-

try in question should

be indicated.

☒ ☐ The programme will also

work with conventional me-

dia and journalist (e.g. in co-

operation with TAF and TII).

The programme will further-

more take advantage of the

growing use of social media,

esp. among the youth (Indo-

nesian is one of the largest

Facebook and Twitter coun-

tries in the world), which is

for example already an inte-

gral part of TIIs communica-

tion/outreach work.

Are steps taken by duty-

bearers to make infor-

mation available to

rights holders assessed?

☒ ☐ Whenever appropriate and

necessary, the programme

will utilize the Freedom of

Information Law (UU no

14/2008) to encourage public

has an access for public in-

formation such as state and

regional budget.


34

Accountability Are key accountability

mechanisms in the rele-

vant area – both hori-

zontal and vertical

listed?

☒ ☐ The programme has taken

into account national legal

platforms on human rights

standards and how it has

been used in the local by-

laws. It may be dilemmatic

and therefore difficult for the

programme to withdraw the

discriminatory bylaws. In this

situation, significant efforts

will be used to influence

stakeholders to have human

rights perspectives when in-

tending to exercise bylaws.


35

Are obstacles, e.g. ca-

pacity and political-

economy incentives that

duty-bearers and rights

holders face to exercise

their obligations and

rights listed?

☒ ☐ The programme has taken

the fact that human rights

issues in Indonesia are com-

plicated with many and di-

verse other views – some of

them are conflicting to each

other. Indonesia is also a big

country with thousands of

ethnic groups spread over

the region. Although the ro-

bust economic growth has

been recognized internation-

ally, poverty and inequalities

remain a big issue which con-

tribute to the achievement of

national development goals.

In a short run, Indonesia will

enter a general and presiden-

tial election in 2014 which

can be a risk but can also be

perceived as an opportunity

for the programme to take an

effective role.

On the basis of the above considerations, the pro-gramme will have a limited and focused yet flexible sup-port modality.


36

Policy dialogue Issue/ Question Response/ Comment

Objective State objective of policy dialogue, incl.

reference to specific human rights stand-

ards and principles, recommendations

from UPR etc.

The programme will continuously engage in

the policy dialogue on:

Freedom of religion and of association.

Protection of the minority, including the fulfilment of the rights of women and chil-dren.

Freedom of expression and of the press, but with a non-discriminatory manner.

Human rights capacity building for differ-ent law enforcement agencies including cadets.

Access to public information, including state and regional budget and political par-ty financing scheme.

Accountability and transparency through concerted anti-corruption efforts.

Dialogue part-

ner(s)

Define key dialogue partners (duty-

bearers) to be addressed This includes:

Law enforcement agencies (police, AGO, customs)

State officials from relevant ministries and local government offices (Ministry of reli-gious affairs, Ministry of education, and Provincial/District government offices)


37

Alliance partner(s) Define key alliance partners This includes:

Legal aid institute, nationally and regional-ly.

NGOs focusing on issues of governance, human rights principles, and protection of women and children. This including civil so-ciety on the issue of transparency and anti-corruption movement.

Dilemmas/ risks State major dilemmas/ risks associated

with the policy dialogue and proposed

mitigation measures (incl. reference to

Framework for Risk Assessment)

Human rights principles outlined above are

sensitive to some groups in Indonesia. E.g. is-

sues of religion have been used for political

reasons, particularly with the regional auton-

omy blossoming for the last 8 years since 2004.

And so are the press and media, and the role of

state actors particularly police since their de-

tachment from military body in 2000.

The programme will address to the risks above

and endeavours to engage some key personnel

at various levels of right holders and duty

bearers during the period of implementation.

Formulation Issue/ Question Response/ Comment

Outcome Where relevant, explain which interna-

tional human rights standards and/ or

mechanism have influenced choice and

formulation of outcome areas. Explain

how.

The overarching objective of the programme is

to support key Indonesian stakeholders in fur-

ther consolidating and developing Indonesian

democracy and governance.

International human rights standards consid-ered in the objective are as outline in the above sections.

Principles (to be filled out where relevant and appropriate)


38

Non-

discrimination

List any key support elements included to

promote non-discrimination This principle is formulated as one of the pro-

gramme components: Non-discrimination, tol-

erance and civic values.

Support will be provided through TAF (on reli-

gious tolerance, non-discriminatory media and

journalism, and assistance to the minorities),

JCLEC (continuous human rights-related train-

ing and courses to law enforcement agencies),

and IPD (sharing Indonesia’s experiences on

democracy, governance and human rights).

Participation and

Inclusion

List any key support elements included to

promote participation and inclusion This is a cross cutting theme to the overall sup-

port under this programme.

Transparency List any key support elements included to

promote transparency Transparency and accountability are a com-

bined principle in the component of the pro-

gramme. It will continue the support to TII to

further contribute to the collective approach to

any-corruption and media engagement on the

issue of public accountability. Accountability List any key support elements included to

promote accountability

Results/

Indicators Issue/ Question Indicator(s) no. xx

Page

number(s)

Outcome

List any indicators designed to monitor

the realisation of specific human rights

These will be developed further during

formulation of the programme.

Principles

List any indicators designed to monitor

the integration of the four principles


39

Capacity devel-

opment goals

List any key indicators chosen to track

capacity of key partners (both rights

holders and duty-bearers)

Signature

Jakarta,_______________________________

Head of Representation/ Department

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