If you are charged with a sedition charge and you are arrested then you can know your rights and claim them if they are violated during arrest or detention. See [ILLEGAL ARREST & DETENTION] section. 

Rights during arrest and detention

An arrest is lawful if there is a warrant unless there is a case of flagrante delicto (when a criminal is caught in the act of committing an offence. In order for the police to issue a warrant against you, there should be sufficient preliminary evidence of the commission of the offence. 

An arrest can be illegal for various reasons:

• If you are arrested without a warrant, even though it was not a flagrant delict.
• If after 24 hours, you are not either officially detained or released.
• If you are not informed of the charges.
• If you are not allowed to contact s legal counsel and exchange documents with him/her.
• If you are not allowed to see a doctor although you suffer bodily injuries.
• If your family is not allowed to visit you.
• If you are not examined promptly by an investigator and thereafter your case is not referred to the public prosecutor. 
• If the police exercised excessive violence without any reason

If you are not released after 24 hours then, the police should order your official detention. Detention at a police facility usually aims to allow time for the police to investigate your case or is used as a measure to avoid suspects of committing further crimes. 

The police can detain you if there is sufficient preliminary evidence that you have committed the crime. In order for your detention to be extended, it has to be ordered by the prosecutor, the district court, the high court or the Supreme Court, depending on the stage of the criminal proceeding. The maximum detention periods are described here. In total, a suspect or the accused can be detained for a maximum of 400 days before a final and binding court decision is issued. Time served by a suspect or the accused in detention will be deducted from any jail term handed down in the event of a guilty verdict. 

Unlawful Detention 

Your detention might be unlawful for various reasons:

• If you are detained without there is sufficient preliminary evidence to justify it. 
• If you are detained for more than : 60 days by the police (1), 50 days by the prosecutor (2), 90 days by the District Court (3), 90 days by the High Court (4), 110 days by the Supreme Court (5) or for more than 400 days between your police examination and until the verdict of the Supreme court is issued. If you are not clearly informed in language which you understand about what you are suspected of at the time an examination begins. 
• If you are not allowed to contact your legal counsel.
• If you are not allowed to see your personal doctor.
• If your family is not informed about your detention and cannot visit you.
• If during your examination or investigation, you are forced to answer, you do not have the assistance of an interpreter, you cannot obtain legal assistance by your lawyer or you cannot send and receive documents from him.

What can you do if any of your rights are violated during arrest and/or detention?

• If you are arrested or detained due to wrongful prosecution, you can challenge any violations of your rights concerning your arrest, detention or investigation by applying for a pre-trial hearing. The pre-trial hearing must begin within three days of the receipt of the application and a decision must be rendered, at the latest, seven days after the start of the hearing.
• Regarding the legality of that arrest and detention, you, your lawyer or your family can submit an application for a pre-trial hearing challenging it before the Head of the District Court. In your application you can explain the reasons why your detention is unlawful.
• You can also ask the investigators, prosecutors and judges, to grant a suspension of detention. 
• If you are wrongfully accused and prosecuted and your case is terminated at the stage of investigation or prosecution, you can file a petition for compensation or rehabilitation (Article 77 of the Code of Criminal Procedure ).
• In addition, according to Article 95 of the Code of Criminal Procedure you can also file an application for pre-trial session to ask compensation on the basis that you are being arrested, detained or prosecuted without lawful reasons. You might also be able to file for compensation under the same process, for any other coercive action that you have suffered and which has resulted in material loss by you. This application should be filed to the competent court judging your case.

Depending on the stage of the case, the petitions above should be filed with the pretrial judge, the trial judge or the Head of the District Court.

When you are faced with sedition charges

Rights during trial

First and foremost you have the right to a fair and public trial by an independent judiciary.

This includes the following rights which can be exercised during investigation, examination and trial:

• right to be assisted by a defense counsel and to file motions and raise objections; 
• presumption of innocence;
• prompt information of the charges;
• the right to confront witness and call witnesses in your defense;
• the right to avoid self-incrimination (meaning the right not to blame yourself…);
• the right to an attorney from the time of arrest and at every stage of investigation and trial;
• the right to free linguistic interpretation.

In order for the trial to be fairly conducted, the accused has to be informed by written summon at least 3 days before the trial. The prosecutor has to read the indictment aloud, and the judge must ascertain that the accused has thoroughly understood. 

Your testimony is considered a legal means of proof, and leading questions cannot be used during your examination (Articles 148 and 166 Law of Criminal Procedure).

A judge’s decision must be founded on at least two legal means of proof, he has come to the conviction that an offense has truly occurred and that it is the accused who is guilty of committing it.

• When the indictment is read to you at the beginning of the trial, you can file an objection against it.
• You can file any other motion for violations of your rights.
• You can raise concerns based on Article 28 C (2) of the Constitution which states “Everyone has the right to fight for their rights collectively in building their society, nation and state.” This includes, among others the right to recognition, guarantees, protection and certainty before a just law, and of equal treatment before the law; and the right not to be tried under a law with retrospective effect.
• You can raise concerns based on the ‘protection against Double Jeopardy, enshrined in the Criminal and the Criminal Procedure Code of Indonesia.

Once charges against you have ended 

Post-Conviction

You (and your defence counsel) have a right to appeal against the judgment of a court of first instance, except against a judgment of acquittal or a dismissal of all charges which relate to a matter of the inappropriate application of the law, and a judgment under express procedures (Articles 67 and 233 Law of Criminal Procedure).

As a last resort, you can lodge a petition for cassation to the Supreme Court with regard to a judgment in a criminal case.

You can also file a petition for reconsideration of the final judgment before the Supreme Court, (except for an acquittal or dismissal of charges), if new circumstances give rise to a strong presumption that if they would have been knownnow at trial, the outcome would have been an acquittal/dismissal; or if the matter or the circumstances founding the judgment are evidently mutually contradictory; or if there is a clear mistake of the judge or manifest error.

• You can also be aware that the courts in Indonesia have already taken some decisions on important matters regarding sedition charges that maybe useful for your case. These are the following:

• The Constitutional Court has annulled the articles of the Penal Code on “Defamation against President and Vice President” (Decision No. 013-022/PUU-IV/2006) and the “Defamation against the Government” (Decision No. MK No 6/PUU-V/2007)
• There are certain offences that fall under the scope of sedition charges, which cannot be brought against you by the Prosecutor alone. The offended official should firstly accuse you in order for the process to start. These are “Defamation against State Official or Civil Servant” (MK Ruling No. 31/PUU-XIII/2015), defamation through electronic means (Article 27(3) of the Law on Electronic Information and Transactions), insulting an authority (rticle 207 of the Penal Code).

If you are being accused of defamation against the government you can defend yourself by putting forward one of the arguments below that are accepted as ‘legitimate defenses’ by the Indonesian Penal Code.

1. That what you said or wrote aimed to protect the general interest of society and not to defame a person or authority. 
2. That you wrote or said the allegedly defamatory statements, because it was necessary to do, for example because you were defending yourself.
3. That what you said or wrote is not defamatory, because it is true.
4. That you raised criticism in an effort to give warning to other parties (this was acknowledged as a legitimate defence under Article 310 (3) of KUHP in the Tangerang District Court Decision No. 1269/Pid.B/2009/PN. TNG).
5. That you gave the allegedly defamatory statement in an emotional situation (this has been considered by the Southeast Sulawesi Court of Appeal Decision No. 02/Pid/2011/PT. Sultra)
6. That you gave the allegedly defamatory statement in good faith (this was acknowledged as a legitimate defence in the Supreme Court Decision No. 2142 K/PDT/2009).
7. If someone has accused you of defamation because of text messages that you send, you can know that the Court has rule that defamation cannot be carried out via SMSs because they are not a public means of communication (MA Decision No. 1845 K/Pid/2009).
8. If it is applicable in your case, namely if you have not used specific names, you can know that the court has ruled that mentioning specific names is important for substantiating the crime of defamation. Therefore, if you never mentioned names, this should be raised at your defence (Raba Bima District Court Decision No. 292/Pid.B/2014/PN. Rbi).
9. If you are a journalist, you are further protected by Press Law No. 40/1999. According to the Indonesian Supreme Court, the Press law overrides the criminal defamation provisions of the Penal Code.
10. If you are an expert testifying at court or a lawyer providing legal aid, you can be aware that no charges can be brought against you.

If they have accused you on the basis of the Anti-Subversion Law, you can be aware that Komnas HAM, after a thorough review of the law, concluded that the law contradicts universal norms for human rights and is incompatible with Indonesia’s Penal Code. This can be helpful, in filing a complaint with the Administrative Courts. 

Asking compensation 

If the state has violated during the prosecution, examination and delivery of your trial any of your rights or it is proven that it has wrongfully prosecuted you, in contravention to the Constitution and the Human Rights Law, and you have suffered harm due to those violations, you might consider filing a lawsuit against the state and ask for compensation or rehabilitation. 

You will have to prove that:

1. The state failed to uphold your rights, despite its obligations, according to the Constitution and the Human Rights Law; and 
2. This failure of the state caused you some sort of injury, either material or immaterial.

What can you ask for? 

You can ask for compensation or rehabilitation or an order from the court directing the offender to stop.

Where? 

To the court of the district where you live. In the past, there was confusion regarding whether a lawsuit for state liability in tort should be filed with general courts or administrative courts. However, in 2019 the Supreme Court enacted Supreme Court Regulation Number 2 of 2019 regarding Guidance on Dispute Settlement of Government Action and Court Competence to Adjudicate Tort Committed by Government Agency/ Official. According to that Regulation, you can file a lawsuit for state liability in tort before state administrative courts.

What if you are not satisfied/you do not agree with the judgment of the court? 

If the District Court was mistaken in its investigation or the investigation was incomplete or if your lawyer told you that the process was not proper, then you can file an appeal before the High Court within 14 days after you officially learnt about the decision of the District Court. You can file an appeal by signing a deed of appeal (akta banding) at the District Court which rendered the decision. 

If you think that the High Court did not properly apply the law, or the civil trial was not properly carried out or even the court did not have the competence to take the case, then you can file a cassation application before the Supreme Court, within 14 days after you officially learnt about this second decision (of the High Court).

Also, if you think that new circumstances arose or that the judges did an obvious error, then you can file a request for reconsideration or review of the judgment, before the Supreme Court.

Asking the state to change a law, regulation, decision that restricts your protections

In case the state enacts a law that removes the legal protections of your right to free speech, you should know that this will be against the Constitution. On that basis, you might consider filing an ‘application for judicial review’ before the Constitutional Court. With this application, you will ask the Court to examine the constitutionality of that law. If it is found unconstitutional, it will be quashed either wholly or in part.

In case the state publishes a regulation or decision that removes your legal protections of your right to free speech and contradicts already established laws, you might consider filing an application for review before the Supreme Court. With this application, you will ask the Court to annul this regulation or decision because it contravenes the law. 

Lastly, if an administrative authority or agency has issued an administrative decision that concerns you and somehow that decision affects your legal protections of your right to free speech, then, you can apply to the Administrative Court to ask for the withdrawal of that decision. The Administrative Court will examine and decide your case. If you are dissatisfied with its decision, you can file an appeal before the Supreme Court.

Application to Courts

Constitutional Court

In case that the state enacts a law that removes the legal protections of your right to free speech, you should know that this will be against the Constitution. On that basis, you might consider filing an ‘application for judicial review’ before the Constitutional Court. With this application, you will ask the Court to examine the constitutionality of that law. If it is found unconstitutional, it will be quashed either wholly or in part.

Supreme Court

In case that the state publishes a regulation or decision that removes your legal protections of your right to free speech and contradicts already established laws, you might consider filing an application for review before the Supreme Court. With this application, you will ask the Court to annul this regulation or decision because it contravenes the law. 

Administrative Court

Lastly, if an administrative authority or agency has issued an administrative decision that concerns you and somehow that decision affects your legal protections of your right to free speech, then, you can apply to the Administrative Court to ask the withdrawal of that decision. The Administrative Court will examine and decide your case. If you are dissatisfied from its decision, you can file an appeal before the Supreme Court.

Yankomas

If you were wrongfully accused of sedition, you can try to approach the Public Communication Service (Yankomas). This Service was put in place by the Human Rights Committees (RANHAM committees) as a mediation mechanism. It receives complaints from the victims of human rights violations. Then, it calls the parties for mediation, and issues recommendations. 

The committee is not like the courts and its recommendations are voluntary for the parties to the dispute.

Yankomas’ actions might include receiving and following up on communications, reviewing allegations of human rights violations; and coordinating and providing Recommendation Letters. 

Where to? 

You can file your complaint to the People Communication Service (Yankomas) team in the Regional Office of Ministry of Law and Human Rights in your region.

National Human Rights Commission (Komnas HAM)

If you were wrongfully accused of sedition, you can try to approach the National Commission on Human Rights (Komnas HAM) and expose your situation. 

The National Commission on Human Rights is responsible to monitor the human rights situation in Indonesia, to receive complaints for human rights abuses, investigate them and provide recommendations to the respective agency or authority that committed the violation.

What should your complaint include?

• Your name (Komnas HAM will ensure your anonymity);
• Your address;
• Your phone number;
• Details of the complaint, i.e. what happened, where, when, who was involved, the names of the witnesses;
• Photocopy of supporting documents related to the events; 
• Photocopy of the identity of the claimant; 
• Details on whether you have filed any other similar complaint; 
• If you file the complaint on behalf of someone else, then you have to attach to it the consent of the interested person.

How to send the complaint?

The complaint should be in written form and should be sent to :

• Komnas HAM by post or by delivering it in person to the following address:

Jalan Latuharhari No. 4B, Menteng Village, Central Jakarta 10310, Indonesia

• By fax to 021-3925227;
• By e-mail to pengaduan@komnasham.go.id; or
• Online here https://pengaduan.komnasham.go.id/id/.

What should you expect?

During the investigations by Komnas HAM, you have the right to ask them how the process is going. Komnas HAM will investigate the complaint you submitted, along with all the evidence and if it deems it appropriate, it will issue recommendations to the respective agency.

Ombudsman

If you are illegally surveyed and your right to privacy is thus restricted, then you can approach the Ombudsman. The Ombudsman can receive complaints that concern delays, abuse of power, impartiality, corruption and misleading practices by officers who provide public services.

What should your complaint include?

In your complaint, you can provide a description of the events and attach evidence of those events, if you have.

How to submit your complaint? 

You can submit your complaint online here Online Complaints - Indonesian Ombudsman.

You can send it by email to pengaduan@ombudsman.go.id.

You can use WhatsApp: 082137373737.

You can use this link: https://ombudsman.go.id/pengaduan

In your complaint, you can provide a description of the events and attach evidence of those events, if you have them.

UN Human Rights Council Special Procedures

The Special Procedures of the UN Human Rights Council (‘Special Procedures’) are independent human rights experts (‘Rapporteurs’) and ‘Working Groups’ with mandates to report and advise on thematic human rights issues. 

With the support of Office of the United Nations High Commissioner for Human Rights (OHCHR), special procedures can:

• Undertake country visits
• Act on individual cases of reported violations and concerns of a broader nature by sending communications to States and others
• Contribute to the development of international human rights standards, and
• Engage in advocacy, raise public awareness, and provide advice for technical cooperation.

In cases of business-related human rights abuses, you can draw the attention of your government and raise public awareness by submitting a complaint to the Special Procedures. You can submit a complaint to the Special Procedures if you have suffered an abuse by the state or by a business. Where a business has caused the harm, the state is also responsible for failing to protect you, investigate the harm, and/or provide remedies.

The UN has established various Special Procedures. In cases of attacks against human rights defenders that work on business and human rights issues, the most relevant are:

• Special Rapporteur on the situation of human rights defenders
• Working Group on the issue of human rights and transnational corporations and other business enterprises (also referred to as the “UN Working Group on Business and Human Rights”)
• Special Rapporteur on the promotion and protection of human rights in the context of climate change
• Special Rapporteur on the issue of human rights obligations relating to the enjoyment of a safe, clean, healthy, and sustainable environment
• Working Group on Arbitrary Detention
• Special Rapporteur on extrajudicial, summary, or arbitrary executions
• Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
• Special Rapporteur on the rights to freedom of peaceful assembly and of association
• Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health
• Special Rapporteur on the rights of indigenous peoples
• Special Rapporteur on the right to privacy
• Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
• Special Rapporteur on the implications for human rights of the environmentally sound management and disposal of hazardous substances and wastes

These are just a few of the Special Procedures. You can find a comprehensive list here: https://spinternet.ohchr.org/ViewAllCountryMandates.aspx?Type=TM&lang=en

In addition, in June 2022, the world’s first Special Rapporteur on environmental defenders was elected under the UNECE Convention on Access to Information, Public Participation in Decision-Making and Access to Justice in Environmental Matters (Aarhus Convention).  The function of this new Special Rapporteur is to ‘take measures to protect any person experiencing or at imminent threat of penalization, persecution, or harassment for seeking to exercise their rights under the Aarhus Convention'. You can submit a complaint to the Special Rapporteur even if domestic remedies have not been exhausted and any information submitted will be kept confidential.  The new Special Rapporteur has various tools for resolving complaints and protecting environmental defenders quickly including: 

• Issuing immediate protection measures; 
• Using diplomatic channels;  
• Issuing public statements; and  
• Bringing the matter to the attention of human rights bodies and the government concerned. 

Who can submit information? 

Information submitted to the mandate-holders may be sent by a person or a group of persons who claim to be the victim(s) of human rights abuses. Non-governmental organizations (‘NGOs’) can also submit information, provided they have direct and reliable knowledge of the alleged abuse. 

Under what conditions? 

Your communication should fulfil the following conditions:

1. Communications must not be exclusively based on mass media reports. 
2. The communication should contain a factual description of the alleged human rights abuses, especially any available information as to the date and place of the incidents, alleged perpetrators, suspected motives, and contextual information.
3. The communication should be submitted based on credible and detailed information.
4. Include full details of the sender’s identity, address, the name of each victim (or any other identifying information), or of any community or organization subject to the alleged abuse. In communications to governments, the mandate-holders normally preserve the confidentiality of their information source, except where the source requests that its identity be revealed. 
5. Indicate any steps you have already taken at the national, regional, or international level in relation to the case. However, you do not need to have exhausted domestic remedies to have your allegation examined by Special Procedures.

How to submit information?

The application for all Special Procedures is the same. Upon receiving the information on your case, the UN will notify the relevant mandate holders. Therefore, you do not have to choose the specific mandate holder for your case, but you must present your case so that all appropriate offices are notified.

Any communication addressed to Special Procedures mandate-holders must clearly indicate what the concern is in the subject heading of the message and be addressed to: 

Special Procedures Division c/o OHCHR-UNOG

 8-14 Avenue de la Paix 1211 Genève 10, Switzerland 

Fax: +4122 917 90 06 

Email: urgent-action@ohchr.org (for complains and individual cases) 

For any other information: spdinfo@ohchr.org

You can find the link here [Office of the High Commissioner for Human Rights - Submission of information to Special Procedures (ohchr.org)]

What should you expect?

It is left to the discretion of the mandate-holder to decide whether to act on a given situation. Usually, the Special Procedure will investigate the case and send a letter to the government regarding the abuse that you reported. The letter will ask for clarifications. Where necessary, the Rapporteurs may request that the concerned authorities take action to prevent or stop the abuse, investigate it, bring to justice those responsible and/or make sure that remedies are available to the victim(s) or their families. In these letters, the Rapporteurs may also inform the state of the applicable human rights provisions. In cases where the state is repeatedly failing to reply, the mandate holder might issue a press release. Upon receiving information on abuses, mandate-holders may carry out visits to countries to investigate the human rights situation on the ground. 

! Note that the Special Procedures Rapporteurs do not have power or authority to enforce their views or recommendations.

Who can you reach out to for support? 

To increase exposure and collaboration with the OHCHR, it is recommended that you build relationships with your local OHCHR office. Indonesia is covered by the OHCHR Regional Office for South-East Asia in Bangkok and the office often holds consultations with civil society. 

6th Floor, United Nations Building

Rachadamnern Nok Avenue

Bangkok 10200, Thailand

Tel: +66 2 288 1235

Fax: +66 2 288 1039

Email: ohchr.bangkok@un.org

(https://bangkok.ohchr.org/)

If possible, it is also recommended to visit the OHCHR in Geneva or network with organisations who work directly with the OHCHR. 

The Complaint Procedure of the Human Rights Council 

What is the Procedure? 

It is a confidential procedure that aims to address consistent patterns of gross and reliably attested human rights violations in all UN member states, irrespective of whether they have ratified any particular treaty. It is useful for drawing attention to serious underlying problems and calling on the UN to investigate human rights situations in different countries. However, it is not a procedure that will provide a tangible remedy in a particular case. 

Who can submit a complaint? 

The complaint  must come from a person or a group of persons alleging a violation of their human rights and fundamental freedoms. In addition, NGOs are permitted to lodge a communication provided they have direct and reliable knowledge of the violations.  

Under what conditions? 

Your complaint will be admissible if the following conditions are met: 

1. It should include your name or the name of the organization who is filing it. Its subject should be consistent with the Charter of the United Nations, the Universal Declaration of Human Rights (UDHR) and international human rights law. Your application should not be politically motivated.
2. Your complaint should give a complete description of the facts of the alleged violations, the rights that were violated as well as the perpetrator(s). It should not be based exclusively on mass media reports. 
3. You should attach to your complaint  copies of all documents of relevance, especially administrative or judicial decisions on the complaints issued by national authorities.The language of the communication must not be abusive. 
4. Your complaint should not have already been dealt with by a Special Procedure, a treaty body, or any other UN or similar regional complaints procedures in the field of human rights. 
5. You should have first exhausted domestic remedies, (i.e., you should attempt to use the available national legal protections to seek accountability or reparation for the violation, appealing as necessary until the claim can be pursued no further at the national level) , unless those remedies would be ineffective or unreasonably prolonged. You should demonstrate the steps you took to exhaust domestic remedies in your application.

Process for filing under that procedure? 

You should send your complaint to:

Complaint Procedure Unit

Human Rights Council Branch

Office of the United Nations High Commissioner for Human Rights

United Nations Office at Geneva

CH-1211 Geneva 10, Switzerland

Or by e-mail to: cp@ohchr.org or to any country or regional office of the United Nations High Commissioner for Human Rights.

What should you expect?

After an initial screening is done, your complaint will be transmitted to the State concerned to obtain their views on the allegations of violations contained therein. You will be informed of the proceedings at the key stages and you might be asked to provide further information if necessary. 

The Human Rights Council will examine a report of your case in a confidential manner (unless it decides otherwise) and may decide one of the following: to discontinue considering the situation when further consideration or action is not warranted; to keep the situation under review and request the State concerned to provide further information within a reasonable period of time; to keep the situation under review and appoint an independent and highly qualified expert to monitor the situation and report back to the Council; to discontinue reviewing the matter under the confidential complaint procedure in order to take up public consideration of it; to recommend to OHCHR to provide technical cooperation, capacity building assistance or advisory services to the State concerned. 

All material provided by individuals as well as the replies by the Government remains of confidential nature during and after the consideration by the Complaint Procedure.

International Labour Organization - Representations’ procedure

The International Labour Organization (‘ILO’) is a specialized agency of the United Nations, responsible for developing and overseeing international labour standards. It has adopted 189 Conventions. The most important of them are the eight fundamental Conventions, which cover a broad range of topics concerning work, employment, social security, social policy and related human rights. They are legally binding on the states that have ratified them. 

Indonesia has ratified the following fundamental conventions: 

• Forced Labour Convention (No. 29)
• Freedom of Association and Protection of the Right to Organise Convention, 1948 (No.87)
• Right to Organise and Collective Bargaining Convention, 1949 (No. 98)
• Equal Remuneration Convention (No. 100) 
• Abolition of Forced Labour Convention (No. 105)
• Discrimination (Employment and Occupation) Convention (No. 111)
• Minimum Age Convention (No. 138)
• Worst Forms of Child Labour Convention (No. 182)

You can find the Conventions ratified by Indonesia here.

What protections does the ILO offer? 

If any of your rights that are protected by an ILO Convention have been violated by your state, then you should consider approaching the ILO, through the ‘Representations’ procedure.’ 

The procedure allows employers’ or workers’ organisations to make a representation against any Member State that has failed to respect the convention. You can also resort to that procedure, if a private company is violating your rights, and your state fails to protect you.

Who can file a complaint?

Individual victims are not permitted to file complaints before this Committee. Rather, you should inform a national or international organisation of workers (trade union) and they can file the complaint on your behalf. In Indonesia these include: the Confederation of Indonesian Trade Unions (CITU) (KSPI/CITU) and the Konfederasi Serikat Buruh Sejahtera Indonesia (KSBSI). More details can be found here: https://survey.ituc-csi.org/Indonesia.html

Conditions:

The representation must:

1. allege that a Member State has failed to adhere to a Convention which it has ratified;
2. be communicated to the ILO in writing;
3. come from an industrial association of employers or workers;
4. make specific reference to article 24 of the ILO Constitution;
5. concern a Member State of the ILO;
6. refer to a Convention to which the Member State in question is a party; and
7. indicate in what respect it is alleged that that Member State has failed to secure the effective observance within its jurisdiction of that Convention.

! Note that it is not necessary to exhaust all domestic remedies before applying for representation with the ILO. If a case is pending before a national court, this will be taken into consideration by the ad hoc Committee. 

How to submit a representation?

All applications should be addressed to the Director General at the following address: 

4 Route des Morillons, CH-1211 Genève 22, Switzerland 

Or by email to: normes@ilo.org 

Building a Strategic Campaign

The first thing you may want to consider is building a strategic campaign. A strategic campaign aims to exert pressure on the different strategic relationships of a business or state actor. To develop a strategic campaign, you should carefully analyse your situation and decide which actions will have the most positive impact for your case. 

For example, you will have to decide whether you want to deal with your case publicly or privately, loudly or quietly, in a manner that takes into account the political and other sensitivities that exist in your country. The purpose of the strategic campaign is for you to get a clear picture of the situation, the direction you want to take your case and the concrete actions you can attempt to take to achieve this result. 

This whole process will be demanding on your resources and your mental and physical health so do not hesitate to reach out and ask for help from organisations that are used to dealing with similar cases! There is no shame in doing so and they can provide you with valuable expertise. See Resource Hub.

To build a strategic campaign you and your collaborators can follow these five steps:

1- Identify your objectives and overall goal: You can do this by asking yourself questions such as What do I want to happen? What do I hope to achieve?

Your overall goal will be the long term and general outcome that you want to achieve. To reach this goal you will need to identify smaller steps and specific milestones that need to take place, these will be your objectives. 

! When deciding on your objectives, make sure that they are SMART:

• Specific - well detailed, well defined and action oriented;
• Measurable- meaning that you can quantify and have an indicator of progress;
• Achievable- meaning that they can be realistically accomplished in the proposed time-frame and with the resources you possess;
• Relevant- meaning that they are relevant to your overall goal and work;
• Time-Bound- meaning that you have set a clear deadline. 

2- Take the time to do a policy analysis and identify your audience: You can identify the policies and regulations that need to change, the key actions and stakeholders who can influence decisions and understand the overall political context that will influence your overall goal. You will further need to identify the stakeholders that can help you achieve your objectives. For example, who are the decision makers involved in the issue? What are the power dynamics at play? You should understand why and how each audience you approach can play a role in reaching your goal or can hinder it. Do not forget, when considering actors that could hinder your goal, to be as specific as possible and write down all details you can find on them including their names and functions. 

! Note that if some corporate actors can hinder your goal, other business representatives might help you achieve it! Businesses do not all have the same policies and attitudes when it comes to the respect of human rights and the environment. By interacting with business representatives and industry groups you might find valuable allies that can provide you with support in a variety of ways including testifying on your behalf, paying for bail and fines, or speaking up on your behalf. 

3- Identify your strengths, weaknesses and your message: It will be helpful for you to reflect on your internal strengths - skills, knowledge, resources, past experience - and weaknesses - missing networks, capacity for lobbying, contacts in the media or funding. Once you have identified these, you can search for opportunities that exist around you and will enable you to tackle your weaknesses and achieve your objectives. You should further consider the threats that could prevent you from achieving your objectives by asking yourself who are your opponents? Is there a negative political climate around your objective? Identifying them early will enable you to minimise the damage and safety risks they can present.

Once you have reflected on your strengths and weaknesses, you will need to identify what your audience needs to hear and present your message in a persuasive and appealing way. At their core, your messages should be the same, however, depending on the audience you will target, you will need to adapt the way they are framed. Most of the time, advocacy messages have two major components: (1) a calling for what is right and (2) a calling for the audience’s self-interest. You can find different methods to develop advocacy messages by using the key words “advocacy message” and “effective” on google.

4- Identify your tactics and activities: Depending on your situation and objectives, you will have to use different strategies and tactics to reach your goal. To choose the appropriate tactics for you to use, you can develop a ‘results chain’. The chain will start with your overall goal and outline the small steps you will need to take to get there. In your chain you can describe the assumptions you are making about the impact of the activities you plan on doing. This will help you reflect on your logic and might show you missing activities. It will further help you understand the kind of resources, be it financial or volunteers, that you will need to put your campaign into action. There are various organisations that you can reach out to for financial support. See Resource Hub. 

A few examples of activities include one-to-one meetings with high level representatives, the organisation of workshops and conferences, the drafting of a letter to international civil servants, a mass participation event engaging members of the community, social media posts or petitions. 

5- Monitor and Evaluate: Finally, you want to make sure that you are keeping track of the efforts you are putting into your campaign to ensure that they are working. You will also want to organise meetings to monitor the campaign and make sure it is going in the direction you want. 

Grassroots Mobilisation

Grassroots mobilisation is about bringing together individuals - in your district, region, or community - to influence a specific outcome. It is one of the key elements in successful campaign strategies. Grassroots mobilisation can be highly effective, as we have seen with the #SaveAru movement, because it uses collective action at a local level to influence outcomes at the national level. When every member of the community is participating in ways that they can, and are equally responsible and invested in the cause, the movement is truly powered by collective leadership. The costs of the movement are further distributed between all members of the community and thereby become more affordable. 

To build grassroots mobilisation, you and your collaborators can follow five simple steps: 

1- Identify the cause you want to address and make a plan of action;

2- Find supporters and volunteers to join your campaign; 

3- Reach out and partner with local organisations and community leaders;

4- Implement your plan of action; and

5- Regularly evaluate your progress. 

! Do not forget that, when it comes to mobilising members of a community, listening and understanding is more important than influencing and persuading. Having several short conversations will be more efficient than a one-off long speech to a general audience! 

To get started, you should identify the cause you want to address 

(1). The problem that you want to tackle most probably has a root cause. For example, it can be the lack of respect for human rights and the environment by a company which operates in proximity to your village and has threatened you; the absence of legislation by the government to protect people defending the environment; or the inefficiency of local government officials to implement a law, among other potential root causes. You need to identify the root cause you want to tackle so that you can clearly define the actions and steps you want to take to resolve the issue. Defining the outcome, you are looking to achieve will also be crucial to give your movement a clear direction. 

Once you have identified the cause you want to address, you can start creating awareness about your campaign and get interest from individuals in the community 

(2). Communication will play a key role here and you can use different approaches such as door-to-door canvassing, face-to-face conversations, emails, phone calls or social media to reach as many community members as possible. Having a campaign website or a Facebook page can be a useful tool to speed up this process and will make you gain important visibility online! It will further constitute a good opportunity to start building the next step by building a list of potential partner organisations. 

Using your website and the networks of members from the community you can approach like-minded local organisations and community leaders. See Resource Hub.

(3). To reach out to them you could offer to give a short presentation about your campaign during their events or simply provide your help during their rallies to get to know like-minded people and talk about your campaign. Usually, civil society organisations have dealt with or assisted defenders in similar contexts in the past. They can share their valuable experience with you, guide you on what to do, explain the law and your rights, guide you on where to find support and identify pro bono lawyers that can help you plead your case or provide support in building an advocacy campaign. 

! You should not ignore community leaders! Community leaders can be valuable allies that you can collaborate with to convey important messages of your campaign. If a community leader endorses the changes and propositions you raise, they will be more likely to be accepted and followed by the community and your movement will gain traction. Examples of community leaders that can help you are religious leaders, local political office holders or village figureheads. 

Once you have built a solid basis of supporters you can start implementing your plan of action 

(4). You can take a variety of actions as part of your plan including rallies, outdoor events, in-house groups, training sessions, organising for a group of volunteers to exchange with the local representative or staging a demonstration. No matter the activity that you choose to conduct, the key to success will be having successful communication. You can keep your supporters up to date on actions conducted through SMS, WhatsApp, and encrypted apps such as Telegram and/or post your announcements for events on your campaign website and Facebook page. Do not forget to communicate with your organisers and volunteer team to make sure everyone has the same information including the date, time, and place of the events. 

During your campaign, you can organise regular meetings with your supporters to evaluate the success of your actions 

(5). This will enable you to reflect on what went well and what did not and give you avenues for improving your upcoming events. At the end of the campaign, it will also enable you to see if you have reached your objectives.

Coalition Building

Reaching out to other organisations and talking about your case will give you the opportunity to build coalitions. A coalition is a temporary alliance of individuals, groups or organisations that want to achieve a common goal. Forming a coalition with other organisations that have similar values, interests, and goals as your own will allow you to combine your resources and thereby have more impact than if you acted alone. It can be of great help to shift the balance of power and increase the impact of each of your organisation's efforts. Actions taken by the coalition can be focused towards bringing attention to your and other human rights defender cases in the media, requesting for a motion filed by lawyers to be considered or request the international community to act. 

To successfully build a coalition you need to take a series of steps.

1. Before anything else, you should define what your main goal is. Your main goal will be at the centre of the initiative and organisations that you are going to approach are going to ask about it regularly. Ideally, you want to be able to present your goal in a manner that is easy to understand and appears attainable. To do so, you can present it through bullet points illustrating the key ideas and goals and condense it to one sentence. 
2. Then you should identify your key stakeholders, leaders, and players. You should be strategic when choosing the organisations to enrol in your coalitions, recognising compatible interests between you, your organisation and other groups or organisations. Stakeholders may include local civil society organisations, international non-governmental organisations and national or international trade unions. 
3. Once you have identified who you want to be a part of your coalition, you can start approaching and trying to mobilise them. You may need to demonstrate to the organisations that your goals are similar and compatible. You can also show them how working together will have a positive impact on everyone’s ability to reach their objectives and that the benefits from building a coalition will outweigh the costs. 
4. While attempting to mobilise partner organisations, you must keep in mind that building a coalition can be a long process and that your short-term goals might transform into longer-term battles. Keep committed to your objectives, with a little flexibility, so you can take advantage of new and innovative opportunities to reach your goals. Also take into account that the level of commitment of your partner organisations will differ, and although it is perfectly normal, you should hold tight to the organisations that are in it for the long haul. To do so you can see them as a steering committee for your coalition and regularly require their inputs. 
5. Once you have gathered all members of your coalition, you can host an event to bring all of them together and connect with one another, collaboratively discuss your goals, and show them the actions you had in mind. Adding value to your event can help attract participants. For example, you could invite a guest speaker, provide training, or build the event around a known human rights celebration. 
6. As you will move forward with your coalition, keep in mind to follow up with your members. Regularly thanking them for their input and recognising their efforts will keep everyone motivated and encourage initiatives. You can achieve that by using email newsletters, posts on social media or SMS channels and face-to-face meetings.

Bring media attention to your case

Another complementary strategy for your case may be to gain visibility and attention by getting media coverage. Before deciding if you want to use this strategy, you should ask yourself whether you want your case to be publicly known and talked about or if you would rather go about, it quietly. Gaining media coverage can play a pivotal role in presenting your case, promoting it in public debate and positively shaping public opinion in your favour. However, this may expose you to further retaliation, as companies may use strategic lawsuits against public participation to try to silence you. For example, the company could bring a defamation suit against you, the journalist who interviewed you and/or the organisation that published the article. Importantly, you must be careful that the journalist does not reveal your current location so as not to compromise your safety.

To attract media coverage, your story should be prepared in such a way as to catch the attention of readers. You can do this by highlighting why your organisation exists, how important your work is to society and by providing details about the abuse that you have suffered. If you can, try to link your story to an issue that is currently talked about in the public space as this will be more likely to interest the media. Finally, if you can show how your story affects other people and has an impact on wider society, this will increase the interest of newspapers. 

Once your story is ready, you can use social media to promote it by publishing blog posts, Instagram stories, Facebook posts and/or tweets. This will enable you to gain public attention and establish your cause before getting traditional media interested in what you have to say. 

If you want the attention of mainstream media, you can collaborate with other national and international organisations to contact reporters. You can reach journalists by email, through their social networks (such as LinkedIn, Facebook or Twitter) or through partner organisations. You will have a better chance of getting your interview request accepted if you choose journalists who are used to covering the same kind of story as yours. 

! Be aware that journalists can receive a lot of requests so keep your emails short and to the point! 

If you don't get a response to your first contact request, you can follow up by tweeting the reporter or trying to contact them by phone. Don't get discouraged as getting media attention can be a long process during which you may end up sending your story to twenty journalists before one responds. 

When a journalist becomes interested in your story, they will most likely want to talk to you in person. To make sure you are well prepared for the interview, keep in mind three key points you want to make and practice answering questions with a colleague. 

Once the interview is over, do not forget to thank the journalist for his or her time. Following the publication of the article, you can forward it to regional or national newspapers thereby gaining exposure and/or circulate it among your partner organisations.

Bring attention to your case to other businesses and industry groups

Although business-related human rights abuses find corporate actors at the heart of the human rights abuses, you should not forget that businesses and industry groups do not all have the same policies, attitudes, and views when it comes to the respect for human rights and the environment. 

You might want to look for allies in the private sector by reaching out to business representatives and industry groups and explain the issues you are facing. Private actors might become valuable allies who can provide you with support in a variety of ways including by testifying on your behalf, paying for bail and fines, or speaking up on your behalf.

Bring attention to your case at the international level

Equally important is to make your case known at international level. 

National and international non-governmental organisations are allies in your strategic campaign and have a fundamental role to play in channelling information to relevant institutions abroad. One of their main tasks is to submit the so-called shadow reports to international bodies or during the Universal Periodic Review Process. Those reports analyse how and if the government is realising human rights at the national level and provide the necessary background information to international organisations. In turn, if the shadow reports reveal information on serious and systematic violations of the rights protected by the conventions in the country concerned, international institutions can initiate inquiries or visits to the territory of a State Party. By making your case known to NGOs and INGOs, it can be included in their shadow report. Although this will not give you a tangible remedy, you will have added your brick to the wall of human rights in your country. 

You can also bring international attention to your case through the various organisations worldwide that work to protect human rights defenders - including Frontline Defenders, Protect Defenders and Peace Brigades International. You can register your case with one of them, and they will identify the best ways to support you internationally. Be aware that they may publish something on their website or link you with other victims or experts worldwide. If your case is widely known, the offenders might hesitate to retaliate against you in the future. There are also many organisations that work on business and human rights issues that can share legal resources with you, both domestically and internationally. Most importantly, both kinds of organisations can direct you on where to find funding and donors to continue your legal case and to propose other resources necessary for your work as a human rights defender.

Bring attention to your case in political spheres

You can also contact political figures to draw attention to your case. For example, you can ask a foreign diplomat - by contacting the foreign ministry of the country in question or the embassy - to listen to your story, to come to your trial or simply to have a photo taken with you. This will show your abuser that your case is being taken seriously at the international level and may make them think carefully about retaliatory actions in the future. 

If you are uncomfortable with contacting diplomats of foreign countries, you can contact international civil servants instead. International civil servants are not linked to a specific country but rather to an organisation. To contact them, you can look up the offices of OHCHR, UNDP or the ILO in your country. These organisations often organise informal events such as consultations and webinars during which you can have the opportunity to raise your concerns and build a support network.