Statement by H.E. Mr. Dian Triansyah Djani, Ambassador / Permanent Representative of Indonesia at the 1st Meeting of the Open-ended Intergovernmental Working Group on the Review of the Work and Functioning of the HRC – Item 4.2 : Special Procedures

October 27, 2010 Human Rights and Humanitarian Issues

Mr. President,

On behalf of the people and the Government of the Republic of Indonesia, permit me to express our sincere appreciation for the many words of condolences and sympathy for the recent natural disasters, as a result of tsunami in Mentawai island, Sumatera and the earthquake in Padang, West Sumatera, the volcanic eruption of Mount Merapi in Jogjakarta, and floods in several areas in Indonesia.

Indonesia continues to be tested with many natural calimity of every form and variety. I certainly will convey the many messages of condolences to the families of the victims and the people of Indonesia.

Mr. President,

On the issue of the Review, I would like to once again reiterate Indonesia’s appreciation and support for this week’s Council review process.

My delegation would also like to align itself to the statements made by Pakistan dan Egypt on behalf of the OIC and NAM respectively.

We very much welcome the focus of this session, namely the work and mandate of the Special Procedures, and wish to contribute with the following observations and recommendations.

Indonesia strongly supports the notion that all Special Procedure mandate holders should work to the highest standards of professionalism whilst fulfilling their mandates. Their work should be carried out in full compliance with the code of conduct and in an objective, independent, and non-politicized manner. This has largely been the case over the past few years and we commend the important work and research carried out by the Special Procedures in their various fields.

The building of trust and open and respectful cooperation with States should continue to be a fundamental, underlying principle driving the Special Procedures and indeed all those involved in the Human Rights Council.

Although we applauded many of the mandate holders who have professionally and admirably conducted their tasks, nevertheless, there are concerns as a result of past practices and conduct of business of some mandate holders that have gone beyond their mandate and undermined the noble quest of promoting and protecting human rights, which are also not helpful in building trust. In this regard, the idea of creating specific working groups to undertake the important duties of mandate holders could be further explored, so that objectivity, impartiality and non-politization could be further ensured. Rather than depending on the integrity of one person, it would be more beneficial and logical to have the collective wisdom and integrity of many in a working group format.

Mr President,

Indonesia fully respects and supports the implementation of Resolution 5/2 concerning the code of conduct and the independence of the Special Procedures when carrying out their duties. It is indeed imperative that the mandate holders are able to carry out their work without interference or impediment.  However, we also wish to draw attention to Article 4/3 of the Resolution which stipulates the necessity for national legislation to be respected and upheld at all times.

To avoid unnecessary misunderstandings, in line with article 11.c and 11.d of the code of conduct, Indonesia wishes to propose that prior to an official visit, the Special Procedures mandate holders and the receiving countries outline specific agreed terms and conditions pertaining to the methods, procedure and technical aspects of the visit.

This measure, which should not in anyway undermine the freedom of independence afforded to the Special Rapporteur, should be implemented on a case by case basis, with the accordance of the specific country and mandate holder concerned.

In addition, Indonesia would like to underline the need for the special procedures mandate holders to stick only to the UN regular budget for their operational funding.  Receiving other sources of funding would constitute a potential breach of article 3f and 3j of the code of conduct.

Finally, in terms of the selection and appointment of mandate-holders, we propose that the Consultative Group (CG) requests the short listed candidates to submit in writing their views on the relevant mandate and vision for implementation. It would then be for the President of the Human Rights Council to follow the order of priority suggested by the consultative and ascertain the suitability of selected candidates by regional groups.

With that Mr. President, I conclude Indonesia’s inputs for the review of the Special Procedures mechanism.

Thank you.

Geneva, 27 October 2010