Oral Statement of International NGO Forum on Indonesian Development (INFID)
The 2nd Session of The Open-ended Intergovernmental Working Group on TNCs and Other Business Enterprises With Respect To Human Rights
Panel V, 27 October 2016
Excellency Madam Chair,
My name is Nurhanuddin Achmad, from Indonesia with the Ecosoc Status from International NGO Forum on Indonesian Development (INFID).This statement is supported by Indonesian Focal Point on Legally Binding Treaty Initiative. And we are also part of Treaty Alliance and Global Campaign to Dismantle Corporate Power.
The Indonesia Focal Point for Legally Binding Treaty Initiative, hereinafter IFP, is a coalition of Indonesians organizations working on human rights, migrant workers, women rights, environment, rule of law, indigenous groups, right to water, and other protection of rights of groups.
The situation of victims and survivors of human rights violence related with transnational national corporations expose the fundamental need for remedial measures. As the state party deal with the belligerents and perpetrators on human rights violence, victims and survivors are often neglected. Mostly they are regarded as “necessary social cost”, thus prolong and extend impunity. The remedy should be integrated into the norm.
The democratic process obligates the state party to involve society and affected segment society to discuss the matter of public interest. In any event, the free prior informed consent is fundamental in the public decision making regardless of forms of government or of sovereign institutions.
There are several paramount cases where state failed to perform fundamental and other relevant obligation, including on human rights –hence state failure. Those could relate with the situation of war, cleptocratic state, horisontal conflict, or other causes. In most of this situation, it is far greater necessary where human rights particularly women rights promotion and protection is exercised by citizens and victims-survivors, including through international relevant UN human rights institutions. This measure should be developed into the norm.
The citizens and victims-survivors where human rights violence happened are well placed for any accountability and legal demand. They will use the relevant and important exhibits of examinations and other testimonials as main basis for them to develop promotion and protection on human rights. This exhibits and testimonials is and should be accepted in any relevant process in UN human rights institutions and other international institutions, as the component of the norm. This is very fundamental where the perpetrator is of transnational actors and where state stop short in exercising the extraterritoriality of their obligation concerning reefed violation. ***