The Witness and Victim Protection Authority is a special agency established after the political reform, tasked with protecting witnesses and victims. The authority faces many challenges, including the lack of commitment to address past and present serious human rights violations when the perpetrators are the military and police. At this stage, the Partnership is conducting a research on the ten years of Jokowi in power.

“There are significant number of cases with different varieties and typologies of violence, including in the digital world,” says Ririn Sefsani from the Partnership Organisation during discussion and information dissemination on the mechanism for protecting human rights defenders within the Witness and Victim Protection Authority, 9 May 2024. She also says that the objective of the zoom meeting is to find a collaborative platform for human rights defenders and women rights defenders and whether there are special treatment, at a time when Indonesia is doing well, to embodies a love for Indonesia and a fright to make things happen.

Sri Suparyati, from the Witness and Victims Protection Authority, explains what the authority’s power is – including human trafficking cases, sexual violence cases, human rights handling, other criminal cases and priority cases. She also discusses threats experienced by those who report cases including threats from people around trem.

In providing protection, the authority looks at the formal requirement, level of investigation and face-to-face meeting with victims and law enforcement agencies to get information, before deciding on what actions to take. The authority then decides whether the information contains critical points that can be used in court.

Sri Suparyati indicates that if the threats are dangerous, then there would be protection and psychological assessment. In some child cases – i.e. sex with a minor and sexual assault against children – victims may experience depression. The authority then assists and accompany for assessment and provide psychosocial assistance. The authority Also facilitates child victims to find a new school. There are many cases of domestic violence at the moment, and women make up the majority of those who make a report, which inheres significant dangers. Thus, the authority offers protection to make sure their house is safe and there is also monitoring – wherever women go there would be an accompaniment, which is critical when women then become witnesses.

The authority also conducts an evaluation every six months to see whether it has provided required protection. When it is safe, the protection will be lifted. A number of victims of past human rights violence have health problems, and the authority works with local governments, hospitals, social service agency, and the local health agencies. It also offers psychosocial assistance, because the victims usually experience persistent challenges. Tthe authority will review and check if victims has struggled for a long time.

The authority also provides facilities in cases of human trafficking and sexual violence involving children in order to help with restitution and admittance to the prosecutor office so that their case can be entered into final decision. In actual fact, restitution exists, but this may not be paid hence the need for a back up.

The Witness and Victims Protection Authority and Human Rights

The Witness and Victim Protection Authority already discusses about human rights defenders. The case in point involves mangrove activists in Bangka Belitung which unite in a forum. They make a report to the local Police Chief, but then are goaded to meet with the illegal miners. What happens then is a horizontal conflict. The Wintess and Victim protection Authority sees the need for a breakthrough for human rights defenders.

Human rights defenders start with continuous and critical activities in the context of environment or women issues.

The Authority is collaborating and prepares Standard Operational Procedure for human rights defender protection, which is slightly different from the regular mechanism. Since application is mostly procedural, human rights defenders must respond fast. Hence the different protection offered by the Authority. Even when it is in the context of human rights defender caucus, there is preliminary discussion first.

If it is emergency, such as the case in Bangka Belitung, the Authority provides safety monitoring facility. If the person who submits the application becomes a witness in court for illegal mining in general, the person may ask for help. “Human rights defenders are critical but this does not mean that they should be criminalised.” Says Sri Suparyati

With regards to the mechanism or the Standard Operational Procedure, the Wintess and Victims Protection Authority has a toolkit and Standard Operational Procedure. The Authority is bound by formal application, which makes it rigid. The Authority is trying to find a way out beyond the formal application in order to offer urgent and speedy response.

With regards to human rights defenders, for example in Bangka Belitung, initially there is other incident but no significant threats, because neigbours take them. Then they come to the Witness and Victims Protection Authority. Despite the lack of threats, the person who submits the application was quite serious and the Authority provides protection in monitoring. As a State agency, The Authority needs a referral to testify that the person really needs protection from threats.

Another resource person is Siti Noor Laila, former head of National Human Rights Commission and special reporter for human rights defenders and a person involved in the preparation of special regulation for human rights defenders. She says that regulations must follow a number of principles.

Human rights defenders are victims who become human rights defender, for example Suci, the wife of deceased Munir – a human rights defender and activist.
There is a principle that human rights defenders would not incite or commit violence that becomes interesting discussion topic.

She then reflects what happens if the Police is also involved in the preparation of the Standard Operational Procedure and the Memorandum of Understanding, in conjunction with the the National Human Rights Commission and the Witness And Victims Protection Authority, in order to ensure the Police committment.

Sri Suparyati asnwers the question directly by suggesting that there is already an MoU of three agencies, as well as a technical guidelines, although it is not specifically referring to human rights defenders. (Ast)