EMPOWERING ACCESS TO JUSTICE

EMPOWERING ACCESS TO JUSTICE |

MAJU

ANNUAL REPORT (INCLUSIVE OF QUARTER 11)

OCTOBER 1, 2017

TO

SEPTEMBER 30, 2018

ON NOVEMBER 1, 2018 SUBMITTED BY:

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COOPERATIVE AGREEMENT OVERVIEW Name of Grantee : The Asia Foundation Title of Program : MAJu – eMpowering Access to Justice USAID Cooperative Agreement No. : AID-497-A-16-000002-MAJu Period of Award : March 14, 2016 – March 13, 2021 Total Amount of this Program :US $10,000,000 ($7,400,000 DRG Office funds,

$1,500,000 Environment Office funds; $1,600,000 Health Office funds)

Obligated Amount :US$ 9,117,382 ($7,716,816 DRG Office funds,

$600,566 Environment Office funds, $800,000 Health Office funds)

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KEY INDIVIDUALS USAID: Democracy & Governance : Dr. David Hoffman Agreement Officer : Ms. Alexis McGinness Agreement Officer’s Technical Representative : Mr. Dondy Sentya The Asia Foundation: Asia Foundation Country Representative : Dr. Sandra Hamid Chief of Party : Ms. Kala M. Finn Deputy Chief of Party : Ms. Renata Arianingtyas

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TABLE OF CONTENTS

TABLE OF CONTENTS 4

A. PROJECT BACKGROUND 8

B. EXECUTIVE SUMMARY 10

C. FINANCIAL 11

D. IMPLEMENTATION OF PROJECT ACTIVITIES/OUTPUTS 11

OUTCOME 1: Increased Access to Justice for Poor and Marginalized Citizens 11 Intermediate Outcome 1.1: Improve the Capacity of Civil Society Organizations to Protect the Rights of MAJu Target Groups 14 Output / Activity 1.1.1: Provide Experiential Learning and Internships with Universities 15 Output / Activity 1.1.2: Provide Technical Support for National Non-Governmental Organizations 15 Output / Activity 1.1.3: Promote Collaboration and Cross Learning Between Legal Aid Organizations and Civil Society Organizations 16 Output / Activity 1.1.4: Promote Joint Advocacy between Legal Aid Organizations and Civil Society Organizations 17 Output / Activity 1.1.5: Embed Paralegals and Human Rights Defenders in Legal Aid Organizations 21 Output / Activity 1.1.6: Integrate Gender throughout MAJu – Not Just in Programs Specifically Focused on Women 25 Output / Activity 1.1.7: Support Access to Legal Identity 26 Output / Activity 1.1.8: Encourage Pro-Bono Services by Private Law Firms and Law Schools 27 Output / Activity 1.1.9: Strengthen the Organizational Capacity of Civil Society Organizations and Legal Aid Organizations 28 Intermediate Outcome 1.2: Increase the Number of Legal Aid Organizations Accredited to Provide Legal Aid 30 Output / Activity 1.2.1: Facilitate BPHN Accreditation 31 Output / Activity 1.2.2: Widen the Funding Base for Civil Society Organizations and Legal Aid Organizations 31 Intermediate Outcome 1.3: Strengthen the Capacity of Civil Society Organizations to Develop Applications and IT Solutions 32 Output / Activity 1.3.1: Develop or Improve Case Tracking/Reporting Systems 32 Intermediate Outcome 1.4: Develop the Capacity of Provincial Universities to Provide Quality Training and Research Services to Legal Aid Providers and Human Rights Defenders 33 Output / Activity 1.4.1: Expand the Indonesian Network for Clinical Legal Education (INCLE) and Link Its Members with Civil Society Organizations Working with MAJu Target Groups 33

OUTCOME 2: Strengthened Ability of the Government of Indonesia and State-Auxiliary Bodies to Protect Citizen Rights Via Evidence-Based Decision Making 34

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Intermediate Outcome 2.1: Increase the Quality and Management of Data on Human Rights Violations against Target Groups through a Unified Database 35 Output/Activity 2.1.1: Ensure an Integrated Human Rights Database is institutionalized 36 Output/Activity 2.1.2: Foster Ownership and Engagement across Key Institutions 36 Output/Activity 2.1.3: Improve Data Management Capacity of Other MAJu Partners 37 Intermediate Outcome 2.2: Strengthen the Information Management and Analytical Capacity of the Government of Indonesia, State-Auxiliary Bodies, and Civil Society Organizations to Produce Reliable and Verifiable Human Rights Data 37 Output / Activity 2.2.1: Improve the Analytical Capacity of Komnas HAM, Legal Aid Organizations, and Civil Society Organizations 38 Output / Activity 2.2.2: Enable a Dialogue within the Government of Indonesia about Data Findings 38 Intermediate Outcome 2.3: Increase Awareness of Citizen Rights within the Government of Indonesia, State-Auxiliary Bodies, and the Private Sector 38 Output / Activity 2.3.1: Use Data and Analysis to Help the Government of Indonesia to Address Specific Human Rights Capacities 38 Output / Activity 2.3.2: Encourage Private Sector Involvement 40 Output / Activity 2.3.3: Utilize Data for Advocacy and Public Campaigns 41

OUTCOME 3: An Improved Enabling Environment for Civil Society Organizations (CSOs) to Effectively Promote Protection of Citizen Rights 42 Intermediate Outcome 3.1: Develop the Knowledge and Capacity of Local Civil Society Organizations on the Evolving Regulatory Environment for Non-Governmental Organizations 43 Output / Activity 3.1.1: Broaden and Strengthen the Network of Civil Society Organizations Addressing the Regulatory Environment for Non-Governmental Organizations 44 Intermediate Outcome 3.2: Build Networks among Local and Jakarta-Based Civil Society Organizations 44 Output / Activity 3.2.1: Enhance Informed Exchanges and Advocacy on Freedom of Association 45 Intermediate Outcome 3.3: Build Alliances among Civil Society Organizations, Academics, and the Government of Indonesia to Advocate for an Improved Enabling Environment 45 Output / Activity 3.3.1: Encourage Practical Action to Improve the Enabling Environment 46

E. MONITORING, EVALUATION, AND LEARNING 47

F. ACTIVITY LOCATION DATA AND GEOGRAPHIC DATA 48

G. CONCLUSION – GOING FORWARD 48

ANNEX 1 TABLE CROSS-LEARNING BETWEEN LAO AND CSO 50

ANNEX 2 – POLICY BRIEF RUU MASYARAKAT ADAT 51

ANNEX 3 – PUBLIC INFORMATION REQUEST RESULT 52

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ANNEX 4 – WORKSHOP AGENDA – GBV AND HIV 53

ANNEX 5 – WORKSHOP AGENDA – GESI ADVANCE FOR LAWYERS 55

ANNEX 6 – WORKSHOP AGENDA – GRANTS AND COMPLIANCE WORKSHOP 57

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ANNEX 7 ACCESS TO JUSTICE LAO, LAW FIRMS AND CSO PARTNERS 59

Access to Justice Legal Aid Organizations, Law Firms, and Civil Society Organizations -Collaboration and Cross-Learning through MAJu Supported Activities in Central Java 61

ANNEX 8 – LIST OF ORGANIZATIONS AND GOI AGENCIES/ MINISTRIES PARTICIPATING IN THE IT ASSESSMENT 71

ANNEX 9 – INFOGRAPHIC OUTLINING RECOMMENDED MECHANISM FOR KABUPATEN JAYAPURA 72

ANNEX 10 – POLICY BRIEF ON IMPROVING CSO DATA COLLECTION MECHANISMS 73

ANNEX 11 – MONITORING AND EVALUATION INDICATORS FOR AMENDMENT 74

ATTACHMENT 1 – MONITORING & EVALUATION PLAN FY2018 ATTACHMENT II – ACTIVITY LOCATION DATA

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A. Project Background The eMpowering Access to Justice (MAJu) project seeks to enhance the ability of marginalized citizens to access justice, and the capacity of the Government of Indonesia (GOI) to protect their rights. Indonesia’s National Strategy on Access to Justice defines access to justice as “a condition and process whereby the State guarantees the fulfillment of citizens’ basic rights afforded by the 1945 Constitution and the 1948 Universal Declaration of Human Rights.” Therefore, Indonesia has an advanced regulatory framework to uphold human rights but faces challenges in implementation. MAJu partners with strategic legal aid and civil society organizations, as well as with key GOI counterparts focusing on four discrete target groups: (1) religious and ethnic minorities (REM); (2) indigenous people; (3) marginalized women, and (4) other marginalized individuals. High levels of poverty in these groups is attributable to stigma and discrimination, and human rights abuses include, but are not limited to, gender-based violence, restrictions on freedoms of association and expression, the lack of legal identity, limited rights over land and natural resources, and discrimination against those receiving public resources. For individual marginalized/member key population of HIV/AIDs and REM communities, exclusion and discrimination is often fueled by religious groups that shape conservative political discourse. For indigenous communities, challenges arise when private sector business interests collide with forest-dependent communities. For women, deep-seated gender discrimination is a historical issue. Data on human rights is scattered across multiple GOI agencies and ministries as well as across civil society organizations (CSOs), and therefore it is often inaccessible or unreliable. The quality and scope of human rights data varies by issue, with data stove-piped across various government institutions. Furthermore, the disparate management of data and access to it makes comprehensive analysis difficult and puts into question the integrity of the data. CSOs play a crucial role in promoting human rights and access to justice. They also play an important watchdog role and provide crucial inputs to support policy development. However, their capacity is often stretched as they respond to a range of problems and challenges inherent to Indonesia’s evolving democracy. For CSOs to operate effectively, they need better data, improved advocacy skills, and an environment that supports innovative thinking. CSOs also face constraints in their management capacities and lack access to stable funding which limit the services they can provide to marginalized communities. Development solutions to the human rights and access to justice issues faced by Indonesia’s marginalized communities are not simple. Those who need assistance the most lack power. Institutional and political resistance to change is significant, and too many of those who can make a difference are disengaged given the broader contestation of political power ongoing in Indonesia. Through the United States Agency for International Development (USAID), MAJu has been well-vetted with central government counterparts, and this legitimacy is a major asset to the project. The Asia Foundation (TAF) has been working closely with USAID to ensure ongoing support from central government ministries responsible for access to justice and human rights.

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TAF also puts emphasis on ensuring that a strong gender perspective is integrated into MAJu by considering the roles, needs, and social status of men, women, and other marginalized individuals who may have different gender identity at each phase of program design, implementation, monitoring, and evaluation. MAJu’s activities are organized geographically and target all provinces in Java, and Papua where the USAID LESTARI project is working. MAJu’s target districts in West Java also include Jakarta and areas near Jakarta such as Depok, Bogor, Tangerang, and Bekasi. In Central Java, activities also expand to Yogyakarta. In Papua, the project will work in areas where the USAID-LESTARI project is active, particularly in Jayapura and Cyclops. MAJu is partnering with strategic CSOs in the geographic areas mentioned above, as well as with GOI ministries and agencies. The partners outlined in the below table are recipients of grants and contracts, beneficiaries of MAJu’s assistance, and/or collaborating stakeholders in MAJu achievements. The table is updated quarterly.

Central Government

National/ International

Jakarta Bogor Depok Bekasi

West Java Central Java

East Java

Papua

Komnas HAM YLBHI LBH Jakarta

LBH Bandung

LBH Semarang

LBH Surabaya

AlDP

Komnas Perempuan

PERADI

LBH APIK Jakarta

DPC PERADI Tasikmalaya

LBH Yogyakarta

KPPAI Pasuruan

LBH Papua

Ministry of Law and Human Rights

AMAN LBH Masyarakat

Rifka Annisa

National Legal Development Agency

Perkumpulan Suara Kita

Ombudsman

GWL-INA

Ministry of Foreign Affairs

YAPPIKA

Ministry of Finance

ELSAM

Ministry of Environment

MaPPI FHUI

Ministry of Home Affairs

Table 1- MAJu GOI Counterparts, Contributing CSO Partners, and Grantees by Location

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B. Executive Summary Collaborative Implementation Strategies Strengthened – MAJu is acknowledged by LAO partners as a distinctive mix of target groups combined under one access to justice project. In identifying common ground to strengthen the impact of interventions, MAJu encourages partners to take two approaches when working on access to justice and human rights issues with these groups - a rights-based approach and a social inclusion approach. This is demonstrated through how partners implement their activities. A few partners are strong enough to work with wider excluders in society, while most partners work with members of one target group to accept and respect members from other target groups. This way, they work collectively to claim their legal and human rights. Human Rights Database Development Ongoing – MAJu continues to work with USAID and the GOI to identify an agency to host a human rights database. If it is mutually agreed with USAID that this approach is not feasible given the context of the relevant implementation environment, then alternative IT solutions will be discussed with USAID to address project deliverables under Outcome 2. Pro bono Movement Increasing – MAJu is working on two parallel tracks to increase awareness about and participation in the pro bono movement that is growing in Indonesia. MAJu is working with PERADI to develop guidelines for lawyers that are providing pro bono services. MAJu is also working with Hukumonline to implement a series of pro bono roundtables with law firms to increase their participation in providing pro bono services and to link them with LAOs that are providing legal services for MAJu target groups. Paralegal Strengthening – Due to Indonesia being under lawyered, paralegals are the frontline contact for people seeking legal remedies at the community level. They play an important role for increasing legal awareness and addressing legal problems for members of the community. Through grants to partners, several capacity building interventions have been implemented to increase the capacity of paralegals and to ensure paralegals are recognized by their community as an access to justice resource. MAJu is also preparing a National Paralegal Gathering in November 2018. Papua Interventions Continuing Through Grants – For the first time, three villages in Papua were able to exercise their right to access public information about a government development project. This is a step forward towards empowering communities to engage in discussions on the environmental consequences of government development projects. In this case, the information sought was about the international port in Depapre. In addition, members of another village were able to get their legal identity documents issued by Civil Registry Office. MAJu also conducted a rapid assessment for identifying potential conflicts pertaining to natural resources, and a roadmap was developed for redress mechanisms pertaining to these conflicts. The roadmap will be shared with the local government, CSOs and other donor projects. Collaboration with the USAID Health Office Ongoing – MAJu strategically collaborates with LINKAGES to identify training opportunities and to coordinate implementation activities so our interventions align. MAJu is also involved with developing the Ministry of Health’s National Action Plan for HIV/AIDS.

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Through grants, MAJu provides support for GWL INA, LBH Masyarakat, Perkumpulan Suara Kita, and YAPPIKA to reduce stigma and discrimination affecting people living with HIV/AIDS. These grantees are also increasing awareness about legal and human rights among this group and are working to improve the redress and remedy mechanisms that are accessible to them to increase information about prevention, and better access to testing and treatment.

C. Financial Name : The Asia Foundation Title of Program : eMpowering Access to Justice Project Cooperative Agreement No. : 497-16-00002 Period of Performance : March 14, 2016 - March 13, 2021

Period of this Report Covers : July 01, 2018 - September 30, 2018

Amount of This Grant : $10,000,000 TAF Ref : 31951 USAID-MAJU

Financial Report Q4 FY 2018 in USD

Description

Actual Expenses March 14, 2016 - June 30, 2018

July 2018 August 2018

September 2018

Total

Democracy Rights and Governance

2,932,287,5 107,611 92,742 172,402 3,305,043

Environment and Democracy Rights Governance

756,081 5,030 7,808 10,322 779,242

Health Fund 229,014 51,184 62,350 25,545 368,093 Sub Total 3,917,382 163,825 162,091 208,270 4,452,378

D. Implementation of Project Activities/Outputs OUTCOME 1: Increased Access to Justice for Poor and Marginalized Citizens While empowering LAOs is MAJu’s mandate, the program also has a mix of four distinctive targets. This makes MAJu different to previous capacity building program for LAOs. It also brings challenges, and during the Partners’ Learning Workshop in April 2018, the following problems were identified:

1. Threats and problematic drivers in providing access to justice for MAJu target groups have

increased because of growing intolerance among groups that claim public space as

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representatives of government views and values, civil society organizations, universities, political groups, and legislatures at the local and national levels;

2. Most LAO partners are having difficulties approaching marginalized individuals especially those key populations of HIV/AIDS about access to legal aid services. The strong stigma from society, the government, and political groups is deterring them from seeking legal assistance. Therefore, to increase access to justice opportunities for them, LAOs need to take proactive action to gain the trust of the communities and individuals; and

3. Young people especially millennial generation is the game changer, LAO and CSO networks must connect with them for better access to justice and using different way that connect and relevant with their culture and environment.

MAJu approaches – The complexities of having mix target groups bring an expectation of having multi-dimensional approaches or strategies. In the last two years, MAJu has used two approaches:

Social inclusion approach – meaning that our intervention is providing space for the minorities/MAJu target groups to be integrated into the larger society and the main objective is to reduce stigma and discrimination so that public space is accessible for everyone, including MAJu target groups. This requires acceptance from the larger society, including the excluders.

Rights-based approach – meaning that our interventions are based on the protection of the rights of individuals and groups. Thus, the creation of public space is aimed to provide protection of individual rights.

The grants awarded to LAO partners also cover coalition and network building among LAOs and CSOs located in MAJu’s project areas. Furthermore, to ensure the integration of the rights of target groups are addressed by LAOs, with support from CSOs, MAJu encourages each LAO partner to collaborate with CSOs working on issues related to REM, marginalized women, indigenous people and other marginalized individuals when developing their concept notes for grant activities. In the implementation, MAJu integrates the approaches through different interventions or methods. In some cases, this means coordinating with other programs managed by The Asia Foundation. For example, MAJu supported DPC PERADI Tasikmalaya to assist Islamic minority group in three villages in Tasikmalaya in obtaining marriage certificates and to observe and pray in their mosques. For years prior the this community in Kersamaju and Sukapura villages were not able to get their marriage certificates and their mosques were being closed down by the government based on the 2008 joint ministerial decree and on the recommendation of the Islamic Ulama Council (MUI). To address this, MAJu encouraged DPC PERADI Tasikmalaya to take two strategies. One is working with the excluders to influence them to change their mindset towards the Islamic minority group (called “minority”). In the Tasikamalaya the Foundation has an ongoing social inclusion program, PEDULI, supported by DFAT. PEDULI’s partner Lakpesdam NU Tasikmalaya has created civic forums with the majority Muslim people in the villages, such as monthly kampung prayers (halaqah) involving everyone in the village, including the member of Islamic minority group. The Forum was established after Lakpesdam made contacts with those actively discriminating the Islamic minority group as well as with the village government. The Forum has

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to also be a safe space for the minorities – and therefore the second approach is supported by TAF/MAJu – in which members of the Islamic minority group as well local governments were made aware of the legal and rights of the community. In essence the idea is to widen the legal support groups for the minorities. With support from MAJu, DPC PERADI Tasikmalaya empowers the minority community to argue legally to claim their rights but also to work with the village government to ensure that their rights are protected and to comply with the law. DPC PERADI Tasikmalaya also introduced ideas about civil and political rights in public services for the local governments, especially the Civil Registration Offices, which function to register and issue basic citizenship documents; the Religious Affairs Offices (Kanwil Kementerian Agama and Kantor Urusan Agama/KUA) that have functions to register Islamic marriages; and the Politics and Nation Unity Office (Kesbangpol) that functions to monitor civil society organizations. DPC PERADI Tasikmalaya held regular meetings with them to increase their awareness about the problems faced by minorities, and they also link them with the minorities. After six months of intervention by DPC PERADI Tasikmalaya, the minority community show signs of being empowered by the presence of the rights-based approach. They, Nanang (the head of DPD JAI Tasikmalaya) and several young member of the minority (Munawarman, Rizal, Doni) said that knowing law and legal procedure enable them to argue in the legal framework to pursue their marriage certificates. At now there are 3 couples have been able to get their marriage certificates in the village they reside.

In a smaller intervention, LBH Semarang tried to make sure that the MAJu target groups can accept each other and become a solid team for advocacy. Through paralegal trainings, LBH Semarang selected paralegal candidates from religious minorities, adat communities, marginalized women and other marginalized individuals to be in the same class and to facilitate them in a safe environment for sharing and cross learning. These methodologies include the informal dinners, and accomodating them in the house-like hotel to let the participants from different communities get to know each other more in informal and fun way. Cross-learning environment - The social inclusion also uses cross learning methodologies in program management. MAJu’s LBH partners are collaborating with CSOs working with MAJu’s target groups. This collaboration is not limited to joint advocacy between the LAOs and CSOs, but it also includes knowledge and information sharing as well as capacity development. The two approaches require strong analytical skill in mapping problems, actors and networks. MAJu encourages the partners to take time to regularly reflect and conduct this situational mapping to continuously change or maintain their interventions. Table outlines the LAO and CSO organizations that are actively engaging in collaboration and cross-learning through MAJu supported activities can be found in ANNEX 1. Legal aid assistance – The cross learning environment has also increased number of clients from four target groups seeking legal aid to LAO partners. There are 1,564 clients from four target groups seeking legal aid to LAO, and 3,254 clients from other poor and marginalized communities (e.g. labor, farmers, fishermen, etc). The assistances have reached to 136,335 beneficiaries. Most

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of the clients coming to LAO partners represent the community where they are from, and the case tracking systems of these partners only register one person who represents the entire community. Therefore the number of beneficiaries of services of LAOs multiplies quickly when taking into consideration the benefits of the entire community that are represented by the LAO. Intermediate Outcome 1.1: Improve the Capacity of Civil Society Organizations to Protect the Rights of MAJu Target Groups Grants - This year, MAJu has extended grants for core LAO partners to inter-connect the access to justice and human rights issues facing MAJu’s target groups and overlapping key population groups, and to support each grantee in building momentum to address these issues. Therefore, project activities are carefully orchestrated to harmonize synergies and to maximize financial resources and impact. The following cross-cutting themes are integrated into all the amended grants so that the grants to MAJu’s core LAO partners have similar outcomes:

Improved internal capacity of each core LAO grantee; Increased capacity of marginalized communities within the network of core LAO grantees

to understand their rights; and Increased capacity of legal aid organizations, pro-bono lawyers, and paralegals within the

network of core LAO grantees. These outcomes will be achieved through activities that focus on:

Paralegal development: paralegal training, paralegal conferences, and a code of ethics and code of conduct for paralegals;

LAOs and pro bono lawyers: pro-bono conference, LAO forum, and LAO training programs; and

Internal capacity building: KALABAHU (legal aid) training programs, strategic litigation workshops, development of standard operating procedures, the development of knowledge management and/or case management systems, and the development of IT solutions.

This quarter, TAF issued new grants to Rifka Annisa and MaPPI FHUI for addressing women’s rights; to LBH Masyarakat and GWL INA for addressing HIV/AIDS issues; and to YAPPIKA for addressing enabling environment for CSO and MAJu target groups:

Rifka Annisa is working with Forum Pengada Layanan, a network of service providers for victims of violence against women;

MaPPI FHUI is to increase capacity of MAJu partners to monitor the implementation of PERMA No. 3/2017, the Supreme Court Decree on dealing with cases in which women are parties in court;

LBH Masyarakat is working to increase awareness of key populations/MAJu target groups to understand the right to health and removing legal barriers in access to health; and

GWL INA is working to increase the awareness of HIV/AIDS key populations/MAJu target groups on legal rights and how to claim their rights.

YAPPIKA is to continue working on enabling environment for CSO especially on UU Ormas, and to improve capacity of MAJu partners working on HIV/AIDS on monitoring health service performance and connect them with Ombudsman.

In the meantime, TAF is preparing second grants to DPC PERADI Tasikmalaya, AlDP, LBH Papua and Perkumpulan Suara Kita to continue the interventions from the first phase of grants

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Unfortunately, MAJu had to terminate its grant to KPPAI Pasuruan due to mismanagement by the grantee. The memo regarding details of termination of the grant was submitted to USAID on July 5, 2018. Working in Papua – MAJu works with two partners in Papua, namely Aliansi Demokrasi untuk Papua (AlDP) and LBH Papua. AlDP works in 3 villages in District Depapre, Kabupaten Jayapura to provide legal awareness on the right of indigenous people when it relates to right to development. They aim to increase legal literacy and introduce the villagers how to request public information related to development planning issued by the district or national government that affect their livelihood. LBH Papua is working in Kampung Sereh, District Sentani, Kabupaten Jayapura. They also work to increase legal literacy related to legal identity and provide assistance in getting legal identity documents. Output / Activity 1.1.1: Provide Experiential Learning and Internships with Universities PERMA No. 3/2017 on Guidelines for Addressing Cases of Women Dealing with the Law - In March and April 2018, MAJu conducted seminar to commemorate International Women’s Day by implementing an event to disseminate PERMA No. 3/2017 in Jakarta and Papua. The seminars was conducted in collaboration with MaPPI FHUI and Indonesia Supreme Court. MAJu invited legal clinic students from seven universities that are members of the Indonesian Network for Clinical Legal Education (INCLE): (1) FH UI, (2) FH UGM, (3) FH UNHAS, (4) FH UNSRI, (5) FH USU, (6) FH UNUD, and (7) FH UNPAD. Both FH UI and FH USU have legal clinics focusing on Women and Children, so students from these two universities participated in the Knowledge Fair that was part of the dissemination event. MAJu followed this up with grant with MaPPI FHUI to monitor the implementation of the PERMA No. 3/2017 in the court using mobile based application that they built. See Output 1.1.6. Output / Activity 1.1.2: Provide Technical Support for National Non-Governmental Organizations Enlarging the outreach of legal aid in other areas – Comparing 405 accredited LAOs to serve 25,95 million poor people in Indonesia, it is certainly needs more qualified LAOs exist. YLBHI addresses this situation by reactivating their old legal aid post in Malang, and also building new chapter in Central Kalimantan in collaboration with WALHI Central Kalimantan. This activity is cross-ref with Output 1.2.1. Building new Standard Operational Procedures (SOPs) for YLBHI – To improve the credibility of YLBHI, it established new SOPs for all chapters. Through three-day workshops inviting all heads of LBH offices under its networks, it drafted four SOPs related to human resources, knowledge management, program management, and financial management. The four SOPs are now being implemented by YLBHI and its network. Supporting national meeting of GWL INA – Through grants to YLBHI, MAJu supporting national meeting of GWL INA, a membership organization for member of key populations of HIV/AIDS with different gender identity. The meeting gathered more than 100 members across the country, elected new board members of GWL INA, and link them with 15 LBH Offices under YLBHI. The result of the national meeting was program priorities of GWL INA for next three years. Those are

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(1) strengthenig community-based organization members in SOGIESC, legal and human rights knowledge and skill including social welfare; (2) engage in advocacy for the betterment of the sexual health and social welfare of all community members; (3) develop partnership with different kinds of organizations and networks, donors, governments, business, etc for raising concerns and mobilize resources. MAJu follow up this support through direct grant to GWL INA in the last quarter of FY 2018. Komnas HAM support on Human Rights Days – MAJu supported Komnas HAM in implementing a series of activities to celebrate Human Rights Days from 5-12 December 2017 in popular way. The celebration took place in public space such as train station, museums, cinema, etc. It attracted many common people to get more information about human rights and what it means for daily life. It also introduced Human Rights City concepts to reduce violent extremism and intolerance movement that provides platforms for local government and civil society works together. Other Komnas HAM support – Apart from Human Rights Days, MAJu conducted several meetings with Komnas HAM to present the IT Assessment, discussions about support for internal reforms of Komnas HAM. Answer the request of previous leadership, MAJu through grant to ELSAM, facilitate self-evaluation of Komnas HAM past performance. The result of the self-evaluation was expected to guide the new leadership of Komnas HAM for lessons learned and areas for internal improvement. Output / Activity 1.1.3: Promote Collaboration and Cross Learning Between Legal Aid Organizations and Civil Society Organizations Support group development at the community level - MAJu supported Perkumpulan Suara Kita (PSK) to enlarge support group members for marginalized individuals and key populations of HIV/AIDS communities called “Sahabat Kita” (Our Best Friend). Currently PSK has 70 Sahabat Kita in Jakarta and 38 in Yogyakarta. Sahabat Kita is a coalition of individuals who commit to provide services or links to services for vulnerable and marginalized groups, such as legal, health, and other services. Creative Advocacy on freedom of religion by interfaith forum – After more than 10 years of church Yasmin and Filadelfia are closed down due to rejection of local governmet and some religious leaders, LBH Jakarta and interfaith forum conducted “Mardongan Dame”, and it succeed in attracted 250 participants. This event targeted interfaith youth to compete in sports and arts as entry point for community acceptance. During the preparation of this event, LBH Jakarta supported the interfaith forum by providing a short course on freedom of religion, community organizing, and public campaign tools. After the successful event, the interfaith forum agreed to continue the Mardongan Dame movement using creative advocacy. Case referral system among MAJu partners – LBH Yogyakarta and Rifka Annisa had been collaborating long before the MAJu project started to help and refer cases. Through MAJu, the two organizations have even stronger cooperation as they continue working together on a case referral system for women’s cases whereby LBH Yogyakarta provides legal aid services and Rifka Annisa assists the victim with healing treatment. This quarter, LBH Yogyakarta and Rifka Annisa are handling three cases that were coordinated through the referral system.

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Another example of referral can be found in LBH APIK Jakarta. LBH APIK Jakarta is receiving cases from other MAJu partners, such as Perkumpulan Suara Kita, or other human rights institutions such as National Commission on Violence against Women (Komnas Perempuan), the National Commission on Human Rights (Komnas HAM), and the National Commission on Child Protection (KPAI), and from CSO/LAOs such as OPSI (an organization working for access to human rights for sex workers), and LBH Mawar Saron.

Rights and Justice for HIV Caring, Support, and Treatment – MAJu started its health office activities by conducting a quick assessment to identify strategic issues for people with HIV/AIDS in accessing their basic rights. The assessment included 48 participants from international donors, donor-funded projects, CSO groups, and legal aid organizations. It was clear that stigma and discrimination affiliated with HIV and AIDS and the high-risk population groups serve bad enabling environment for them to access justice, and that has corelation wtih social and regulatory obstacles to fully access their legal rights. This situation increases their vulnerability to HIV/AIDS infection and often impedes the possibility of them fully participating in public treatment services. Emergency Response Mechanism – Increasing threat against marginalized individuals in early year in Aceh urged TAF PEDULI and MAJu initiated a workshop to develop emergency respose mechanism protocols for this minority communities in Aceh. It attended by 11 organizations including some network of LAOs and CSOs in Aceh and Sumatera. The workshop focused on the development of communication and evacuation protocols that will be maintained by a few strategic people within the community as contact persons in order to reduce the possibility of misinformation being spread within the community and to reduce the risk of community members being further persecuted. This meeting was then follow by LBH Bandung to develop emergency response protocols among their CSOs partners. Output / Activity 1.1.4: Promote Joint Advocacy between Legal Aid Organizations and Civil Society Organizations Indigenous People’s Bill (RUU Masyarakat Adat) - Currently, with MAJu support to YLBHI involved in the advocacy for indigenous peoplewith CSO Coalition for the Indigenous People Bill that consists of 19 CSOs from different sectors (e.g. legal aid, land tenure, religious freedom, gender, public services, indigenous people, etc.). The Coalition has developed counter arguments and policy briefs to submit to policy makers, and also monitors the legislative meetings on the bill. The activities are financially supported by all coalition members. The coalition has met several policy makers, such as the Ministry of Home Affairs (through facilitation of the Presidential Staff Office/KSP); with Baleg (Legislative Agency) in Parliament; and conducted press conference to set the tone in public. The minutes of the meeting with Baleg can be found at https://chirpstory.com/li/405012. Some of issues being advocated are:

Recognition of indigenous people is too difficult and procedural which inhibit indigenous people being recognized. It is recommended to separate the procedural articles from recognition of indigenous people identity.

The usage of term “masyarakat adat” need to be interchangeable with other terms such as “masyarakat hukum adat”, “masyarakat tradisional”, etc.;

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Lack of conflict resolution mechanism and remedy mechanism where indigenous people are parties, and thus it is important to have distinct auxiliary body for indigenous people to recognize the complexity of problems

The Bill needs to have specific articles for adat women, adat children, adat youth and the protection of their rights;

The bill needs to explain the responsibility of state and non-state actors. Due to the sensitiveness of the issue of foreign intervention in issues related to indigenous people, including religious freedom and land issues, on behalf of YLBHI, MAJu requested waiver of the USAID branding and marking for publications that are produced by the Coalition and supported financially by YLBHI. USAID approved the request on 20 September 2018. The sample of policy brief is attached as ANNEX 2 – Policy Brief

Photo 1 - The Coalition for Indigenous people Bill meeting with KSP and MOHA

RUU KUHP (Criminal Code Bill) Advocacy - Through a grant to ELSAM, MAJu supported joint advocacy between LAOs and CSOs in advocating Criminal Code Reform that directly affect the rights of MAJu target groups: Religious and ethnic minorities are threatened under articles regulating blasphemy law; The State and corporations have wider opportunities to violate the rights of indigenous people; Women victims of violence have less protection due to complicated wording of some articles

under the section applicable to rape and adultary; and Articles relating to the crime of adultery are broadly drafted to criminalize the marginalized

individuals who may have different identity Apart from information sheet and policy briefs, the Coalition conducted national and regional events to discuss the Code. The national event in May 2018 was attended and presented by core drafters of the Code from government, parliament members and CSOs including religious organizations, community based organizations, etc. This activity is cross-ref to Output/Activities 3.2.1. The detail report for national event can be found in this link:

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http://elsam.or.id/2018/05/meletakkan-kembali-proses-pembaruan-hukum-pidana-dalam-konteks-pembangunan-hukum-nasional/ Collaboration with Ombudsman – Various TAF programs, including MAJu, conducted a meeting with the Ombudsman to evaluate the workshop that took place in May 2018 and to discuss follow-up activities. The Ombudsman requested assistance to develop guidelines for increased public participation and for service standards on sectoral issues. These two guidelines will help the Ombudsman to encourage all provincial offices to work with CSOs and provide better redress mechanisms for sectoral issues. In line with this, the Ombudsman discussed the creation of a complaint unit at the village/community level that could receive complaints from citizens and then develop reports to submit to the Ombudsman. Responding to the requests from the Ombudsman for follow-up activities, MAJu specifically addressed the possibility of collaboration with YLBHI’s network and the paralegals working with their 15 offices to receive complaints and to develop a referral system to the Ombudsman. MAJu also suggested the possibility of assistance for accepting complaints associated with the right to public health services for people impacted by HIV/AIDS and that perhaps guidelines could be developed in collaboration with Komnas HAM and the Ministry of Health. In relation with the MAJu program on HIV/AIDS among MAJu target groups’ key populations, MAJu is supporting YAPPIKA to activate the coalition of public services and provide technical assistance for community-based organizations to understand public services and use remedy mechanism through the Ombudsman. YAPPIKA will also work with the Ombudsman to create the enabling environment for CSOs to collaborate with Ombudsman. At the regional level, LBH Bandung has involved Ombudsman to help in developing a capacity building module for paralegals. Permissible Limitations in Freedom of Religion or Belief (FoRB) – Addressing the debate on the limit of freedom of religion, how far FoRB restriction is still protecting the rights of individual, Komnas HAM, YLBHI (with MAJu support) and CRCS UGM (Center for Religion and Cultural Studies) conducted a workshop involving academicians and human rights practioners. Around 30 people comng and examined several aspects of these restrictions, both in the prevailing legal norms and in their practice /implementation, and the factors that influenced them, related to interpretations of legal /constitutional norms and to other factors. The result of this will be published and be the basis for the next, more in-depth study. In line with that, Komnas HAM could use this result for drafting norms on FoRB restriction in Indonesia which can be utilized by judicial institutions in Indonesia. Advocacy on agrarian reform and natural resource management – From year to year, data from Consortium on Agrarian Reform (KPA) report an increase agrarian conflicts in East Java every year. In 2015 there were 34 conflicts; in 2016, 43 conflicts and in 2017, 60 conflicts. The biggest conflicts occur in the plantation sector. Until now, these conflicts are rarely resolved. YLBHI, together with LBH Surabaya, LBH Pos Malang, Human Rights Law Studies (HRLS) FH Unair Surabaya, FNKSDA (Front Nahdlyin untuk Kedaulatan Sumber Daya Alam), Kontras, Papanjati. Komnas HAM, and JMPPK, conducted two workshops in March and August 2018 to consolidate

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farmers members of Papanjati (Paguyuban Petani Jawa Timur/East Java Farmers Associations) to reflect the agrarian advocacy and build a new strategy to reduce the conflict. YLBHI also works with LBH Bali to advocate better natural resource management in Bali from private investments and government development planning that destroy the environment.

Photo 2 - Consolidation meeting of Papanjati facilitated by YLBHI and LBH Surabaya

Paralegal Decree – Minister of Law and Human Rights Decree on Paralegals No. 1/2018 was issued in January 2018. The decree regulates the role of paralegals, how they should be certified, and the way they work. In 2017, MAJu helped with the drafting of the decree, which had been discussed for a long time. After judicial review by the Supreme Court, it is annuled since July 2018 because of the disagreement on paralegal’s role in litigation. However, BPHN still considers it important to recognize the role of paralegals and manage them so they can help to expand access to justice for the poor and vulnerable groups. MAJu discussed with BPHN to revise the Decree and will discuss the draft in the National Paralegals Gathering that MAJu will conduct in November 2018. Papua Intervention - Perda Kampung Adat Kabupaten Jayapura – The Perda was issued by October 2016 but it was rarely discussed or disseminated to the people. MAJu assessment on Papua’s Access to Justice considered the Perda might create potential communal conflict. Thus through MAJu support, AlDP brought the discussion to three kampungs they work with, namely Kampung Yepase, Kampung Tablasupa, and Kampung Wambena. After several village discussions and multistakeholder meeting, the meetings concluded with an agreement that the three kampungs did not yet want to implement or adopt Kampung Adat now because (1) the concept of Kampung Adat does not yet clearly protect the rights of indigenous people: (2) it potentially neglects the participation of women; (3) it potentially puts the adat people under the scrutiny of government and makes them less independent than before; (4) Kampung Adat already traditionally exist and so they do not need legal recognition from the government; and (5) the Kampung Adat regulation potentially creates conflict. They also submitted critical view of the Perda to local government and local legislature. In detail, see Output/Activitiy 2.3.1.

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Papua Intervention - Access to information for people in District Depapre Kabupaten Jayapura –On 12 October 2018, ALDP representing adat leaders and villagers of three kampungs, received the mediation decision from Public Information Commission on the information dispute with District Government of Kabupaten Jayapura. The government admitted the requested information on the environmental study and the concept of the international port in Depapre, Kabupaten Jayapura was in theirs, and they agreed to provide it to the requesters. The decision of hearing session in Public Information Commission can be found in ANNEX 3.

Photo 3 - Submitting Information Request and Hearing Session in the Office of KIP

Output / Activity 1.1.5: Embed Paralegals and Human Rights Defenders in Legal Aid Organizations Paralegals are the closest resources with knowledge of the law in the community. Currently, 308 paralegals (148 female, 139 male and 21 other marginalized individuals) have been involved in MAJu programs through various interventions such as capacity building for paralegals, paralegal trainings, consolidation meetings, etc. Grants for community-based paralegal programs – MAJu places paralegals as the front liners to provide legal assistance and legal awareness at the community level. Community is defined both as a sectoral group and as a territorial group. As explained in Outcome 1.1. on MAJu approaches, paralegal plays role in promoting the inclusion of target groups into the larger society while empowering both target groups and the wider society to respect the rights of individuals (each other) and to collaborate to protect and fulfil the rights of individuals. The important role of paralegal coordinators in LAOs – As mandated by the law, paralegal is embeded in LAO and thus LAOs have an important role in recruiting, maintaining ,and quality monitoring the work of paralegals registered under the organization. Learning from LBH Jakarta experience of having no paralegal coordinator had created confusion that affect their role, MAJu encourages all LAO partner to appoint a staff member or a division as coordinator for all paralegals registered with LAO. The coordinator shall be responsible for keeping the records of paralegal members, developing programs for paralegals, performance monnitoring, and conducting regular meetings with paralegals. Appointment of a paralegal coordinator under the structure of the LAO

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will strengthen paralegals’ existence as a part of the LAO and enhance the paralegal capacity development program. Community champions as paralegals – Apart from survivors, LBH Apik paralegals come from the communities they work with. The community members who actively participate in the routine community discussions were further trained to be paralegals. Similar interventions are also taken by other LAO partners. However, for APIK, with limited support for gender equality in the society, the paralegal should be able to work across neigborhood, sectors, or communities to promote this idea as well as to reach victims of GBV in more communities. LAOs, CSOs and justice seekers forum for access to justice – Through grants, MAJu LAO partners have been facilitating meetings with LAOs in the region to support LAOs in accessing legal aid state funds through accreditation process; to share discussion on social justice and access to justice for MAJu target groups. These meeting forums have established a good network among LAOs in the region. Among the successful ones is the LAO forum in Yogyakarta, led by LBH Yogyakarta, where the forum agreed to create a secretary and organizational structure in promoting access to justice for marginalized groups. At least 2 cases on GBV have been handled by this referral in this Forum. DPC Peradi Tasikmalaya had attracted 2 more LAOs to provide legal aid for Islamic minority group in Tasikmalaya. LBH Surabaya created an inclusive forum for justice seekers and legal aid providers that opens opportunity for both to accept the different, and find legal strategy to advocate the rights of target groups.

Paralegal Post - To date, LBH APIK has established two paralegal posts, in Depok and Bogor. Paralegals of LBH APIK have the roles to raise awareness of their community about women’s rights, particularly related to violence against women and domestic violence; disseminate information about service providers that are available for women victims of violence; and provide first response to cases in the community and refer the cases to LBH APIK Jakarta. Other than that, the paralegals also play a role to reach out to their potential community members to be paralegals through community gatherings (arisan), prayer recitations, and so on. The Paralegal Post in Bogor currently reaches out to Law Faculty students who live in their community. LBH APIK is seeing the possibility to build a network

with a university located near its paralegal post. The paralegal post can be a place where law students can learn about cases of violence against women and discuss the cases in the legal clinic. The law students can also teach the community about citizen’s basic legal rights. Paralegal trainings – This quarter, LBH Jakarta evaluated a paralegal training program with all paralegals registered under the LBH. From the meeting, LBH Jakarta identified that paralegals’ performance did not depend solely on their personal capacity in legal knowledge or community

Photo 2 - Bogor Paralegal Post, One of Two Newly established paralegal post created under MAJu

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organizing skill, but also depends on the establishment of the community. Several sectoral paralegals under LBH Jakarta lost their communities since the community members fragmented into a new environment. Facing this situation, LBH Jakarta will build the paralegals’ capacity in finding a new community to work with. This set of skills will also be incorporated into the paralegal training program curriculum for the upcoming training program. LBH Semarang implemented the “improved version” of its paralegal training program in September 2018. With good planning and a different strategy from the previous year, LBH Semarang succeeded to increase the number of participants from marginalized individuals who are also targeted key populations of HIV/AIDS and to motivate participants as paralegals in having realistic action plans with the community. Learning from the previous year’s experience in coordinating with these community, LBH Semarang spent more time in planning, expanding its network, and reaching out to many community-based organizations from marginalized individuals who are key populations of HIV/AIDS. Before conducting the training program, LBH Semarang facilitated meetings with CSOs, academics and alumni to discuss the curriculum and methodology of the paralegal training program as well as how to create a suitable learning environment for participants coming from different communities. After the training program, participants committed to be actively involved in advocating the rights of their communities. The paralegal programs implemented by MAJu’s LAO partners have similar approaches; there are three phases:

1. The preparation (pre-program) phase consists of curriculum or module review and adjustment, community assessment to recruit participants, and technical preparation for the training program. Each of the MAJu LAO partners implements this phase in a unique way, based on the social situation of the targeted community. For example, this quarter, LBH Semarang updated the paralegal training curriculum with a SOGIE component into the curriculum and module to accommodate LBH Semarang’s plan in reaching out to marginalized individuals who are key populations of HIV/AIDS participants. This adjustment might not applicable for other LAOs.

2. The implementation phase consists of in-class sessions where participants receive theoretical knowledge and share discussions in a classroom setting, then followed up with out-of-class sessions where participants practice analyzing social problems and start giving assistance to the assigned community. This phase was implemented uniquely by each LAO. For example, LBH Semarang implemented its paralegal training program by conducting three in-class sessions and close assistance between the in-class sessions throughout the year. This quarter, LBH Semarang finished the first in-class session and the participants returned to the community. During the time until the second in-class session, LBH Semarang is actively assisting paralegals and their work with their communities by facilitating community-level meetings. This approach allows LBH Semarang to monitor the work of the paralegals for the community and builds a strong network between LBH Semarang, paralegals, and the community.

3. The post-implementation phase consists of regular meetings or assistance by the LAOs to the paralegals. This phase was also implemented uniquely by each LAOs. LBH Semarang combined the post-implementation phase with the implementation phase, showing a constant learning experience for LBH Semarang, paralegals, and the community. With this

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mixed approach, LBH Semarang can quickly identify and be updated on the challenges faced by the community.

Inclusivity has been the key strategy for LBH Semarang in consolidating paralegals by organizing pluralistic meeting forums. The MAJu project opens opportunity for LBH Semarang’s paralegals to build a strong network for cross-sectoral advocacy. An example was shown just recently when a REM community in Kendeng faced a problem in a land dispute with the government, and other paralegals coming from the women’s communities and other marginalized individuals joined the advocacy and marched along in defending the rights of the REM community. MAJu supports different kinds of paralegal trainings with different methodologies. LBH Apik Jakarta also conduct training for paralegal that is called “Bantuan Hukum Gender Struktural (BHGS)” that provides similar content but more sessions discussed about gender awareness; gender inequality; violence against women; human rights and women’s rights; the legal system and instruments for handling cases of violence against women; the concept of paralegalism and the role of paralegal. APIK also trained its paralegals to have skills such as documentation, investigation, negotiation, mediation, counselling techniques, and advocacy skills. LBH Yogyakarta and LBH Bandung conducted paralegal schools. Both of these schools have a syllabus and the duration is three months, consisting of in-class and out-of-class methods. Compared to LBH Yogyakarta, LBH Bandung has structured approach to paralegal training. LBH Bandung objectives is to create community-based paralegals or community-based organizations in West Java in support of the empowerment of civil society to monitor and participate in policy making process. The progress of capacity of paralegals is also clear, as shown in Figure 1.

Figure 1 - Progress of Paralegal Capacity - LBH Bandung

To achieve this, LBH Bandung differentiates three types of competences: legal knowledge, social knowledge, and skill. The legal knowledge has 15 topics, such as introduction to law, criminal code, procedural law, etc.; the social knowledge consists of five topics such as structural legal aid, social analysis, and human rights; and skill includes four topics, such as documentation, public information campaigns, etc. LBH Bandung conducts this as a school because being a paralegal requires both deep knowledge and practical skills on law, and this cannot be fit into a just a few days of training but needs more structured training modules, combined with field experience and try-out.

Paralegal has legal knowledge and

organizational skills

Paralegal is able to do advocacy and

provide legal assistance in

dealing with casesin the community

Paralegal is able to document incidents or events related to

social and legal problems

Paralegal is actively involved in policy

making at the local level.

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Output / Activity 1.1.6: Integrate Gender throughout MAJu – Not Just in Programs Specifically Focused on Women MAJu is supporting all CSO partners, not just those targeting women’s rights, to increase their gender awareness. Project activities emphasize the importance of women and those of other gender identities. The grants provided to LAO and CSO partners (Table 1) include components addressing violence against women, and gender integration and social inclusion. They also provide funding to support advocacy and reform initiatives to better address the protection of victims of gender-based violence. MAJu is also encouraging LAO and CSO partners to work with women and marginalized individuals who have different gender identity in all their grant activities as shown in ANNEX 1. YLBHI SOPs - YLBHI and its 15 LBH Offices decided to integrate gender into their SOPs as inline with the finding from MAJu Baseline Survey. In the human resource SOP, they consider gender balance important. They also integrated maternal and monthly period leave for women. In the knowledge management SOP, gender equality in numbers of participants is required, and in the program management SOP, gender mainstreaming in programming as well as in setting the target groups are equally important. The challenge now is to ensure all SOPs can be implemented properly. International Women’s Day - In collaboration with MAPPI FHUI and LBH APIK Jakarta, MAJu implemented a one-day event in Jakarta on 15 March 2018 to disseminate Supreme Court PERMA No. 3/2017 to address cases of women dealing with law. This event was in commemoration of International Women’s Day. The event was attended by advocates from legal aid organizations, civil society organization professionals, paralegals, lawyers, and law students from the legal clinics at seven universities. In total, there were 268 attendees. The event consisted of a talk show about PERMA No.3/2017 and a knowledge fair where there were booths supported by 14 organizations that provide legal aid and social services for women seeking access to justice opportunities. Papua intervention - Dissemination of PERMA No. 3/2017 for Judges in Papua - MAJu collaborated with the Supreme Court to disseminate PERMA No. 3/2017 to 65 judges in Papua. The attending judges serve the High Court of Jayapura, the Religious Court of Jayapura, and the Administrative Court of Jayapura. There were also judges from 10 lower Courts across Papua and Papua Barat, 12 lower Religious Courts in Papua and Papua Barat, and one Administrative Court outside Jayapura. Monitoring the implementation of PERMA No. 3/2017 - MAJu awarded a grant to Masyarakat Pemantau Peradilan Indonesia Fakultas Hukum Universitas Indonesia (MaPPI FHUI) to support better access for marginalized women who have cases before the court. Through this grant, MaPPI aims to strengthen evidence-based advocacy for women, including those who are vulnerable and marginalized, through the implementation of PERMA No.3/2017. MaPPI will improve the capacity of human rights defenders and legal aid advocates in using the PERMA and monitor the implementation of the PERMA in courts to enhance evidence-based advocacy to increase access to justice for women. Gender-Based Violence and HIV/AIDS - In cooperation with LINKAGES, MAJu conducted workshop on GBV and HIV/AIDS using their module in July 2018. Through this training, MAJu’s

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partners learned about: (1) the common pattern of GBV and violence against people with HIV/AIDS, the relationship between HIV/AIDS and GBV, including understanding GBV as both a health and a human rights issue; (2) how to better support justice seekers with HIV/AIDS (regardless of their background and gender); (3) concepts related to gender norms, and the linkages between GBV, HIV/AIDS, health services, and human rights; and (4) the importance of building effective communication networks and developing first-responder support skills to better support clients who have experienced GBV and other human rights violations. There were 36 participants attending the workshop. The topics they found the most helpful were the ones focused on understanding gender and how to provide front-line support to victims without causing more harm or revictimizing victims. (See ANNEX 4 for Agenda of GBV and HIV) Gender and Social Inclusion Advance Training for Advocates – This five-day training was conducted in August 2018. The advanced component focuses on defending the rights of persons who experience gender-based violence and gender-based discrimination and developing skills for evidence-based advocacy and strategic litigation. This training is the first training of its kind for MAJu partners that focuses on building arguments on cases that relate to SOGIE and people with HIV/AIDS. The agenda can be found in ANNEX 10 – Policy Brief on Improving CSO Data Collection Mechanisms The evaluation of the training was very positive. Most of the participants were new to this issue but they are experienced lawyers or human rights defenders. Several topics were found to be beneficial for the participants:

Building Argumentation Structure, Developing Case Theory, and Building Advocacy Strategies - A participant from DPC PERADI Tasikmalaya said that those materials made him more focused on how to develop successful legal arguments when handling cases.

Building legal argument based on GESI and GESI-based advocacy - A participant from LBH Surabaya found the topics beneficial and enriching for his legal arguments when dealing with cases related to marginalized individuals especially on gender identity issues. A participant from YAPPIKA also emphasized the benefits of knowing and understanding the legal arguments pertaining to GESI from case law in international jurisprudence.

Women and access to health - LBH APIK is in the process of developing a MoU with Pasar Minggu Health Centre (Puskesmas) regarding access to health services for women victims of sexual violence, including sex workers and women with HIV/AIDS. The MoU is about the referral mechanism and roles of each parties in providing assistance or services for women victims of sexual violence.

Output / Activity 1.1.7: Support Access to Legal Identity

Legal identity in Jayapura - LBH Papua through its paralegals is being entrusted by people in Kampung Sereh to assist them in getting legal identity documents, such as family cards, ID cards, birth certificates, and marriage certificates. LBH Papua has met six times with the Papua Civil Registry Office (Dukcapil) to discuss this and has conducted one seminar on the rights of legal identity for the public, which was attended by 70 people. In response to the request of Kampung Sereh, Dukcapil has agreed to visit Kampung Sereh and conduct one day service for them. The paralegals in Kampung Sereh collected the forms from people in Kampung Sereh who want to

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arrange their basic documents and submitted the forms to Dukcapil Papua in September 2018. Dukcapil agreed to visit them in November 2018.

Photo 5 - Paralegal team of LBH Papua submitted application forms for legal identity documents

ID Cards for Marginalized Individuals who are key population of HIV/AIDS - Perkumpulan Suara Kita – Out of 43 cases handled by Sahabat Kita (connectors), four cases were about legal identity issues. Through persistent persuasion of Sahabat Kita, Ketua RT (head of neigboorhood association), finally agreed to issue recommendation letter for sex workers to get teir ID card. In the meantime, two other cases are more complicated, so they have not been able to get their ID Cards. One case is a transwoman who wants to change the sex stated in her ID card. Sahabat Kita, which is handling the case, is still consulting with LBH Masyarakat on how best to handle the case. Marriage certificates for member of Islamic minority group – As mentioned in Outcome 1.1., the Islamic minority groups in Sukapura Village in Tasikmalaya works slowly to get acceptance by the villagers through halaqah. By legal advise from DPC Peradi Tasikmalaya, they work with KUA (Kantor Urusan Agama – Religious Affairs Office that has function to conduct and issue marriage certificates for Muslim) staff in the village to change the statement letter that enable the minority and the KUA follows on what stated in the 2008 joint decree of Ministries on this Islamic minority group so that they could legally married before KUA and register their marriage in Civil Registry Office. After 6 months intervention of DPC Peradi Tasikmalaya, at least there are three couples from the minorities could get marriage certificates. Output / Activity 1.1.8: Encourage Pro-Bono Services by Private Law Firms and Law Schools Pro Bono Works with PERADI – MAJu is working with one of the three branches of PERADI to gain traction in promoting and strengthening the delivery of pro bono legal services. With the assistance of a consultant supported by MAJu, PERADI is developing two instruments; one is for internal policy on pro bono services that will bind all PERADI members, and the other is a set of guidelines that will be a reference tool for providing pro bono services. Project staff and PERADI are focusing on finalizing the pro bono guidelines and developing an implementation plan for how PERADI will utilize its resources to socialize and implement the guidelines. Pro Bono Roundtable with Law Firms – Complementing pro bono initiatives with bar association, this quarter, MAJu worked with Hukumonline to facilitate a roundtable meeting with private law

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firms on the pro bono movement. Representatives from 12 law firms, including five managing partners, attended the meeting at Hukumonline training center. The participants in this meeting realized how pro bono is not a culture in Indonesia and wanted to improve this condition. Intruiging by pro bono culture in Singapore that have been long established by the core support of bar associations through several incentive including free tax payment for lawyers or free-of-charge annual bar membership, the law firms learned that they also could also start by embedding pro bono achievement into the lawyers’ key performance indicators and provide incentive for those who take that initiatives. After the roundtable meeting, Hukumonline received positive feedback from law firms that wished to be involved in the pro bono movement. MAJu and Hukumonline plan to follow up the roundtable meeting on pro bono in the next quarter. Structural Gender-Based Legal Aid (BHGS) Training - Structural Gender-Based Legal Aid is a concept derived by LBH APIK Jakarta from the basic structural legal aid that was developed by LBH Jakarta in the early 1980s. The concept of structural legal aid is that legal aid services encompass more than litigation and non-litigation representation but also include approaches for advocacy and community empowerment. LBH APIK Jakarta has adapted this concept for addressing cases of violence against women to ensure a gender-equality enabling environment for social justice services. BHGS training is also LBH APIK’s strategy to reach out to pro bono advocates. The training improves the capacity of advocates to handle cases of violence against women and also raises advocates’ awareness about one of their responsibilities as advocates, which is to do pro bono work. To date, APIK has developed MoUs on Pro Bono with six lawyers. So far, one non-litigation and nine litigation cases have been handled by these lawyers. Other than handling cases, one pro bono lawyer has been involved in LBH APIK’s regular program at the Pondok Bambu Women’s Detention Center to provide legal advice. Output / Activity 1.1.9: Strengthen the Organizational Capacity of Civil Society Organizations and Legal Aid Organizations This activity corresponds to Outcomes 1.1 and 1.2. The project is providing support to LAOs and CSOs to improve their organizational management capacity and their ability to raise funds. Thus far, grants have been provided to 18 LAO and CSO partners, with more grants to be awarded over the coming quarters. Strategic training workshops by MAJu are enhancing the financial management and operational management of these organizations to ensure the successful implementation of their grants and to strengthen their own performance and delivery of services. Mediation Certification Training Program – A mediation certification course conducted by the Indonesian Institute for Conflict Transformation (IICT) was held on 30 June – 5 July 2018 in Bandung and was attended by 25 participants (one trans woman, 11 women, and 13 men) who included legal aid advocates, civil society professionals, paralegals, and human rights defenders from MAJu’s partners and their networks. IICT is authorized by the Supreme Court to conduct certified mediation training, and all participants who successfully pass the course receive a certificate. The training aims to improve participants’ knowledge about laws and regulations related to court annexed mediation, and to improve participants’ skills in resolving conflict through mediation conducted in the community. The six-day course covers:

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Conflict mapping and analysis

Types of conflict resolutions or alternative dispute resolution mechanisms

Introduction and simulation on negotiation

Understanding of issues, positions, and interests

Negotiation strategy based on position and interest

Simulation on arbitration and mediation

Communication skills Reframing issues and

simulation on reframing issues

Issue definition and agenda preparation

Mediator traps: things that successful mediators should not be doing. The main principles which must be adhered to by the mediator and the requirement to act justly and impartially.

Caucus or independent meetings

Co-mediator and multi-party simulation

Preparation of a written agreement

Mediator code of ethics Mediation procedure in the

court according to PERMA No.1/2016.

Introduction to mediation Steps for mediation Mediation techniques and

skills

At the end of the course, all the participants took the certification test. The certification test consists of a written test (essay and multiple-choice questions) and a practical test (simulation). Out of 25 participants, 17 passed the test and were given a certificate. The other eight participants have the option to take a subsequent test to see if they could receive a certificate for successfully passing the examination component of the course. Legal Aid “KALABAHU” (Karya Latihan Bantuan Hukum) Training - Through grants to core LAOs, the MAJu project supports a regeneration program called KALABAHU to recruit future human rights defenders and advocates working at LAOs. With unique curricula and methodology, each core LAO implements KALABAHU in a different way. KALABAHU has intensive in-class, out-of-class, internship, and community-based sessions to address theoretical and practical learning in the areas of human rights, social justice, and access to justice for marginalized and vulnerable groups. This quarter, LBH Jakarta, LBH Semarang, and LBH Yogyakarta finished their KALABAHU programs. YLBHI also conducts KALABAHU in their network of their offices and using the Guidelines they have produced. GESI and Gender Based Violence/HIV trainings – As mentioned in Output 1.1.6, in collaboration with LINKAGES, MAJu conducts trainings on gender-based violence and HIV/AIDS to identify similar violations that lead to similar types of violence based on illness or gender identity. For GESI, MAJu conducted training for lawyers to increase and improve the quality of legal arguments for protection of the rights of marginalized individuals including those who may have different gender identity, member of key populations of HIV/AIDS, and marginalized women. Social Justice Training by YLBHI - Legal assistance is the essence of fair trials and human rights. There is a fundamental difference between the Law of Legal Aid and Advocate Law, which also contains the obligation for advocates to provide free legal assistance (pro-bono) which is more in the nature of charity. The spirit built in Legal Aid Law is more to fulfill the responsibility of the state in fulfilling the rights of every citizen in providing legal assistance to the poor, so that the scope is also not limited to legal assistance in court but also covers legal assistance outside the

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courts which is oriented towards strengthening community legal rights and knowledge. The social justice training is aimed to strengthen legal aid services for vulnerable people within the framework of rights that should benefit and create change for better society and not merely for individual benefits. The curriculum of the social justice training covers some obligatory topics and optional topics. The obligatory sessions are such as Understanding Structural issues; Structural legal aid concept; and Structural legal aid skill. The optional sessions are about issue-based knowledge, which consists of 15 topics, among others are SOGIE, freedom of religion or belief, indigenous people’s rights, land tenure, agrarian reform, labor rights, disability rights, etc. YLBHI conducts social justice training for all LAO offices under its network. This quarter, they have conducted the training in Bandar Lampung, Padang, Palembang, Malang, Pakanbaru, Medan, and Makassar.

Photo 6 YLBHI Social Justice Training in Padang

Grants Compliance Workshop – MAJu conducted two-day grant compliance workshop for new grantees namely Rifka Annisa, MaPPI FHUI, LBH Masyarakat and GWL INA. The workshop was done in TAF office, facilitated by TAF Grants Unit, and was attended by 3 representative of each organizations or 12 people in total. The agenda can be found in ANNEX 6 – Grants Compliance Workshop. ---- Intermediate Outcome 1.2: Increase the Number of Legal Aid Organizations Accredited to Provide Legal Aid Widening legal aid organizations’ (LAO) support for MAJu target groups – Through Forum Organisasi Bantuan Hukum (LAO Forum), MAJu’s core LAO partners tried to introduce issues faced by the target groups to other LAOs and influence them to contribute in protecting target groups’ rights. Using the two approaches above, LBH Surabaya and DPC Peradi Tasikmalaya carefully selected and assessed LAOs to be involved in the LAO forum or LAO training programs. They also created a gathering forum between justice seekers and legal aid providers that resulted in a positive arrangement whereby target groups could directly seek legal aid services from LAO. From this forum, many LAOs expressed their commitment to provide services for marginalized groups.

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Output / Activity 1.2.1: Facilitate BPHN Accreditation Accreditation process of LAOs – In the last quarter, in collaboration with BPHN and Kanwil Kemenkumham (Provincial Office of Ministry of Law and Human Rights), MAJu’s main LAO partners conducted accreditation workshops for LAO Forum members. However, only a few LAOs finally applied for accreditation. Approximately 161 LAOs have been reached by MAJu’s main LAO partners. List of LAO/CSO networks can be found in ANNEX 7. Mostly they are involved in participating in the accreditation workshops, social justice trainings, gender-based structural legal aid for LAOs, regular Forum OBH meetings, etc. After one year of partnerships, around 46 LAOs applied for accreditation by BPHN in 2018. The reasons so few are applying for the accreditation are understandable for several reasons:

1. Some LAOs do not have the basic requirements, such as being legally registered with the Ministry of Law and Human Rights (Kemenkumham) as a legal entity. Most do have notary certificates stating they have established an organization, but they do not pursue the further steps to register with Kemenkumham.

2. For some LAOs that have a national chapter such as Ansor, the regional chapters do not need to apply.

3. Some LAOs do not want to be accredited because they see the legal aid fund as a project that does not care about the quality of the services.

4. Those that do not want to be accredited feel that the legal aid fund keeps the LAOs from being independent.

Of those that applied for accreditation, some did not pass the verification process, for several reasons:

1. The nature of the LAOs’ work is mostly in non-litigation rather than litigation. Hence, they are not necessarily able to reach the minimum of 10 cases per year. This happened to LRCKJHAM Semarang.

2. The procedural process and deadline for completing some documents after the verification is unclear. LKBH IAIC from Tasikmalaya applied for accreditation and when the factual verification occurred, they needed to complete some documents and were given 14 days to complete them. However, three days before the deadline, the system was already closed, so they could not complete the requirements.

Legal Aid Evaluation – In April 2018, MAJu collaborated with the BPHN and YLBHI to conduct a one-day discussion with 77 legal service providers from government, legal aid practitioners, community-based paralegals, and justice seekers (victims and clients) to evaluate the legal aid system and provide guidelines for evaluation activity. This activity will be implemented in Quarter 12. Output / Activity 1.2.2: Widen the Funding Base for Civil Society Organizations and Legal Aid Organizations Resource Mobilization – TAF contracted with PIRAC to provide one-on-one technical assistance to MAJu’s LAO and CSO partners in developing resource mobilization blueprints for sustainable funding. To identiy organizational assets and how each organization utilizes or maintains their

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assets,.PIRAC used staff’s self-assessment survey; dest studies of the organizations, and conducted three-day individual workshops in nine cities, seven provinces, fifteen organizations with 139 people. The result was encouraging that most of MAJu partners have necessary capacity to manage program, create reource mobilization roadmap, and be accountable. Currently each partner tried follow up the result. LBH Jakarta who has the highest score is even still trying to find new opportunities for fundraising, including by accessing zakat foundations. Local legislation on legal aid – LBH Surabaya has been advocating the adoption of local legislation on legal aid since 2016. Since then, they are trying to make sure the Provincial Legislation on Legal Aid No. 9/2012 can flow down to district levels. There are 5672 villages and 2833 Kelurahan in 38 districts in East Java that need to be advocated to take legal aid as priority. Up to now, only six districts have local legislation on legal aid, while the other 32 districts have not yet adopted it. LBH Surabaya, with MAJu support, is working in Malang, Jember and Bondowoso. Through its close relationship with the Legal Bureaus in Bondowoso and Jember, LBH Surabaya helps them in drafting the local regulation on legal aid. Only Jember finally adopted the local regulation, while Bondowoso has not yet done so. Intermediate Outcome 1.3: Strengthen the Capacity of Civil Society Organizations to Develop Applications and IT Solutions Knowledge management system for legal aid – YLBHI is now starting to identify a consultant to help in building the system. The objective of having this system is that this system will not only contained cases, but more importantly, will also contain operational and administrative documents regarding strategies, activities, and publications done by LBH/YLBHI. (See Output 2.2.1) Output / Activity 1.3.1: Develop or Improve Case Tracking/Reporting Systems Case tracking – LBH APIK Jakarta has just finished the development of an automated case tracking/reporting system. The next step is building the capacity of its staff to use the system. It is essential for LBH APIK Jakarta staff to have the capacity and skills to use the system, because LBH APIK Jakarta will use the data (generated from the system) to produce its Annual Report (CATAHU) on handling of cases of violence against women.

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Photo 73 - The dashboard of APIK Case Management System

Additional work in developing and improving case tracking and reporting systems for core LAO partners (LBH Yogyakarta, LBH Semarang, and LBH Bandung) is being done by another international donor, TIFA, through collaboration with YLBHI. To maximize resources, MAJu is therefore not duplicating the efforts of TIFA by working in this area, but only provides salary for any person who is responsible to keep the system running. Intermediate Outcome 1.4: Develop the Capacity of Provincial Universities to Provide Quality Training and Research Services to Legal Aid Providers and Human Rights Defenders YLBHI collaborates with CRCS UGM to discuss and identify “permissible limitations” under Indonesian laws and comparing these to international standards. The collaboration is to attract universities to be involved in religious freedom advocacy and provide good research, thinking, and ideas for better advocacy work. A combination of knowledge and practical skill is important for advocacy. For details, please refer to Output 1.1.4. Output / Activity 1.4.1: Expand the Indonesian Network for Clinical Legal Education (INCLE) and Link Its Members with Civil Society Organizations Working with MAJu Target Groups The Indonesian Network for Clinical Legal Education (INCLE) has been inactive for over one year. Therefore, recognizing that INCLE is inactive, TAF has identified other potential partners to work with. Linking community of HIV/AIDS with Legal Clinic – MAJu is in the process of building collaboration with Atma Jaya University’s Research and Community Service Center (Lembaga Penelitian dan Pemberdayaan Masyarakat/LPPM) and Law Faculty Legal Clinic (PKBH). LPPM

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has a special unit working on HIV/AIDS issues through a community service. KIOS is a community service providing assistance for HIV/AIDS and key population. MAJu is engaged in discussions about collaboration regarding a new initiative that would provide project support for PKBH and KIOS to work together to ensure access to justice for people with HIV/AIDS, address legal barriers of key populations/ MAJu target group to access health services, and reduce stigma and discrimination against HIV/AIDS key populations/MAJu target groups. KALAMBAHU (Karya Latihan Mahasiswa Bantuan Hukum/Legal Aid Training for University Students) – This activity shows the social inclusion approach that MAJu is introducing. LBH Surabaya conducted legal aid training for university students who are in their final year. The KALAMBAHU is one week of training with two weeks of internship with a LBH Surabaya community in areas such as in Gaya Nusantara, Koalisi Perempuan Indonesia and Sidoarjo where so-called Shiite under the leadership of Ustadz Tajul Muluk from Sampang have been displaced for years. Many lessons were learned from these activities, especially when the participants had to deal with stigma from outside that inhibits them to investigate the cases more deeply. However, they also learned about the impact of displacement and discrimination on the children and families of the target groups. OUTCOME 2: Strengthened Ability of the Government of Indonesia and State-Auxiliary Bodies to Protect Citizen Rights Via Evidence-Based Decision Making MAJu implemented an Information Technology (IT) Assessment to map actors and to identify the most appropriate GOI ministry or other agency to host a centralized human rights database which will serve as a clearinghouse for raw data. The Assessment took into consideration the level of interest by the GOI regarding the development of this type of database and if existing databases within GOI ministries can be expanded or strengthened rather than a new database being developed. After reviewing several organizations, the Assessment findings identified three institutions as possible candidates to host the human rights database, namely (1) Komnas HAM, (2) Direktorat Jenderal HAM – Kementerian Hukum dan HAM (Dirjen HAM), and (3) Badan Penelitian dan Pengembangan HAM – Kementerian Hukum dan HAM (Balitbang KumHAM). By analyzing, with standardized tools, the internal policies and procedures, organizational capacity, organizational management, human rights mandates, and risks of each institution, the findings show that Balitbang KumHAM is the best potential hosting institution as it has the lowest risk factors for developing and supporting the human rights database. During the assessment, compared to the other two institutions, Balitbang KumHAM had a functioning human rights database available to the public and is receiving information from regional Kanwil offices that contribute data to the database. Balitbang KumHAM was also agreeable to receiving data from CSOs and LAOs. In terms of database management and organizational alignment, Balitbang KumHAM scored higher than the other two institutions. During the assessment, MAJu also found that GOI ministries have established practices for collecting analyzing and compiling human rights data for UN reports. Yet another human rights database established within the GOI does not have the necessary support from the ministries and

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agencies participating in the IT Assessment for development and use. See the list of organizations and GOI agencies/ministries participating in the IT Assessment in ANNEX 8. Especially for international human rights obligatory reports, the Ministry of Foreign Affairs (MOFA) explained that they were comfortable with their current system for drafting the UPR Reports and that MOFA has its own framework, procedures, and protocols for gathering human rights data from GOI ministries. They worked strictly with GOI ministries to obtain the human rights data for the UPR reports, for which they had carefully developed data collection processes and procedures that ensured the integrity of the data being used in government issued reports. Intermediate Outcome 2.1: Increase the Quality and Management of Data on Human Rights Violations against Target Groups through a Unified Database Balitbang KumHAM developed a human rights database as a performance indicator in 2017; and during the assessment, they indicated they were willing to work with MAJu to enhance data collection for this new database through training regional Kanwil staff about human rights and how to classify violations, but they were not interested in redesigning their database, as it met their current needs. In August 2018, TAF had a follow-up meeting with PUSDATIN under Balitbang KumHAM to discuss their proposal for database development. They prepared a work plan and an initial budget. In the work plan, they would like to complement their current SIPKUMHAM with Intelligence Media Analysis (IMA) to provide better readings on human rights situations in the region. The IMA will enhance their human rights and legal situation snapshots report submitted to the Minister every day which becomes one main reference for the minister to map critical issues to address. They also would like to see the possibility of study visits to other countries and capacity building training for Kanwil and Balitbang KumHAM staffs on human rights and human rights documentation. MAJu shared information about the budget allocated for development database, and some priorities that MAJu would like to see from the database, including the data sharing, public accessibility of the database, and report and data collection methodology and analysis. Good reports require good methodology and good dataset infrastructure, and thus this is the most important thing to do in the first place to identify what kind of data needs to be crawled for in online media. MAJu recognizes that to ensure the accountability of methodology and data, cooperation of two strategic divisions of Balitbang KumHAM are needed. These divisions are PUSDATIN (Pusat Data dan Informasi) and PUSLITHAM (Pusat Penelitian HAM). MAJu also recognizes the importance of full time staff being assigned by Balitbang KumHAM leadership to participate in the development, roll out and implementation of the database. MAJu engages subject matter expert through consultative meetings to better understand the proposal from Balitbang KumHAM and to see the possibility of supporting data crawling initiative as proposed by Balitbang KumHAM. After these meetings, MAJu agrees that the data crawling is a possibility but this type of initiative has many moving parts and must start very soon in order to be completed within the timeframe of the project.

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On September 7, 2018, MAJu met the new Head of Balitbang KumHAM with his team to discuss our support to the proposal. However, unfortunately, the Head of Balitbang KumHAM did not seem to have been updated by his team about the proposal and had a different interpretation of the human rights database and the role of Balitbang KumHAM. He said several times that the role of Balitbang KumHAM is to provide information internally for the ministry and not for the public. He stated that SIPKUMHAM is not for public consumption, even though human rights data has been published for one year on their website. He asked us to wait until he gets all necessary information from his team and clarifies with the Minister. Also during this meeting, MAJu learned that the new Head of Balitbang KumHAM would be transferring to BPHN. Therefore, a new Head of Balitbang KumHAM will be appointed, and this officials will be MAJu new point of contact going forward. After this meeting, MAJu reported to USAID during the Technical Meeting on 12 September 2018 about the situation with Balitbang KumHAM and to see whether USAID can be agreeable to change and shift Outcome 2. During the meeting, USAID requested more detailed options and plans if it is not possible to achieve Human Rights Database under Outcome 2. MAJu also met internally to discuss what options we have considering the latest situation from Balitbang KumHAM. MAJu then drew up four options to discuss with USAID:

The first is keeping the work with Balitbang KumHAM. The second is that if the Head of Balitbang KumHAM does not approve the database to be

conducted in Balitbang KumHAM, MAJu will see the possibility to advance the current support to BPHN for improvement of SIDBANKUM by linking to and improve the public platform called “Legal Smart Channel” to show data from SIDBANKUM and CSOs’ case management system. For this second option, MAJu needs to discuss with USAID that the indicators of Outcome 2 will be changed to adjust to the new intervention whereby there will be no human rights database but only a case management system.

The third option is to develop a database only for certain advocacy work. This will be to ensure the policy advocacy is based on good data.

The fourth option is to have no database at all, which will change Outcome 2 the most. To follow up this internal meeting, MAJu met with USAID to discuss options regarding the database and Outcome 2. Recognizing that the reality of implementation may have changed since the design of MAJu, TAF is proactively seeking solutions that maximise project resources and engagement by GOI. Output/Activity 2.1.1: Ensure an Integrated Human Rights Database is institutionalized As mentioned above this activity will depend on the mutual collaboration between TAF and USAID to determine the best solution for going forward. Output/Activity 2.1.2: Foster Ownership and Engagement across Key Institutions This activity will be addressed in future reports.

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Output/Activity 2.1.3: Improve Data Management Capacity of Other MAJu Partners The BPHN’s SIDBANKUM operating system – BPHN appreciates the support from MAJu for the development and improvement of SIDBANKUM which allowed them to receive an award for TOP 99 Innovative IT Solutions from the Ministry of State Apparatus and Bureaucratic Reform (KemenPANRB). Through support from MAJu from the first phase of the SIDBANKUM upgrades, BPHN and PT DOCOTEL Teknologi added one feature to evaluate the performance of LAOs. BPHN took this feature for the competition to KemenPANRB. Starting last quarter, MAJu is supporting the BPHN with the second-phase of upgrades to their SIDBANKUM operating system. From the five areas of upgrades, PT DOCOTEL Teknologi has finalized the improvements on:

1. Better layout and display of data for reporting legal aid information for the Amendment of the State Budget (APBN Perubahan); 2. Tools for the refinement and validation of legal aid and financial data coming from accredited LAOs; 3. Meanwhile, there is still some progress needed on the three others: 4. Improvement of strategic applications for making data and information more accessible by LAO users; 5. Adjustment of migration tools to assist BPHN officers with managing incoming and historical data ceilings; and 6. Adding financial year features and classification categories for acceptable goods and services supported by the BPHN.

Currently, under another project with TAF (AIPJ II), SIDBANKUM is being linked to prison database and there is a plan to link SIDBANKUM to the Supreme Court’s Court Decision Information System (SIPP). Intermediate Outcome 2.2: Strengthen the Information Management and Analytical Capacity of the Government of Indonesia, State-Auxiliary Bodies, and Civil Society Organizations to Produce Reliable and Verifiable Human Rights Data The BPHN lacks of sufficient funds in their current budget to implement training programs on the accreditation process for LAOs, which MAJu has been addresing through grants to LAO partners, and for internal training programs for staff related to SIDBANKUM system and use of data contained in the system. This quarter, MAJu has started discussion with BPHN regarding training pertaining SIDBANKUM system for the staff.

Photo 8 - Head of Sub Directorate of Legal Aid, receiving certificate of TOP 99 Innovative IT Solutions from the KemenPANRB

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Output / Activity 2.2.1: Improve the Analytical Capacity of Komnas HAM, Legal Aid Organizations, and Civil Society Organizations YLBHI and 15 Offices Published Annual Report 2017 - Through MAJu support to YLBHI, in 2017 YLBHI provided assistance to 15 LBH offices to collect and analyse data using human rights framework, publish human rights situation map based on the case they receive, develop annual report and publish the report the in end of year in each office of LBH. Through this exercise, YLBHI sees the importance of building knowledge management database to capture the achievements, advocacy process, litigation and non litigation process done by YLBHI and its 15 offices. Output / Activity 2.2.2: Enable a Dialogue within the Government of Indonesia about Data Findings Policy brief on Indigenous People Bill – as explained above in Output 1.1.4. YLBHI, together with other 18 multisector CSOs working for indigenous people, is promoting and providing critical views on the Indigenous People Bill that is now being discussed in parliament and the government. They have met several policy makers such as the Ministry of Home Affairs (through facilitation of the Presidential Staff Office/KSP); with Baleg (Legislative Agency) in Parliament; and conducted a press conference to set the tone in public. The minutes of the meeting with Baleg can be found at https://chirpstory.com/li/405012. List of disputed articles of Perda Kampung Adat (Local Legislation on Adat Village) – As explained in Output 1.1.4 and Output 2.3.1, AlDP and the villagers in three kampungs have discussed and produced list of disputed articles of Perda Kampung Adat. They submitted the List to the regent of Kabupaten Jayapura and the Kabupaten Jayapura legislature, and outcome has yet to be determined. Intermediate Outcome 2.3: Increase Awareness of Citizen Rights within the Government of Indonesia, State-Auxiliary Bodies, and the Private Sector To increase the awareness of citizens’ rights among the Government of Indonesia, State-Auxiliary Bodies and private sectors, MAJu partners are conducting regular activities that are not necessarily training workshops, but may be just multistakeholder discussion meetings, publication of policy briefs, etc that consist of rights that are related to MAJu target groups. These activities are coordinated with other interventions explained througout the report. Output / Activity 2.3.1: Use Data and Analysis to Help the Government of Indonesia to Address Specific Human Rights Capacities Papua Interventions - Redress Mechanisms for land related issues in Papua – In the last quarter, MAJu conducted a meeting with the Bupati of the District of Jayapura, Mathius Awoitauw, to introduce the MAJu project, and to assess his view on the redress mechanisms for land-related issues. His priority now is to provide legal certainty for the indigenous people in the District of Jayapura who have land rights (pemilik ulayat), and make sure they are being informed, are involved, and are participating in decision making processes for land investments. The redress mechanism may benefit his priority and thus he supported the assessment The result of assessment provided a policy review and opportunities to implement the redress mechanism initiative in Papua. However, MAJu has used all of funding obligated by Environment

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Office, including the additional funding supplemented by DRG office, except designated amount of DRG money originally intended for Papua but move for Java intervention, the current situation, so MAJu is seeking opportunities to coordinate with other organizations such as LESTARI, Samdhana, The Tenure Working Group, and so forth, to continue working with the redress mechanism. The assessment identified the following conflict issues in Kabupaten Jayapura:

Figure 2 - Conflict Issues Chart of Jayapura

Most of the conflicts were either settled or left behind or just under the surface. However, the assessment identified several redress mechanisms that the conflict parties used to resolve the conflicts. The assessment identified that in conflicts where the demand is for money, it is better to solve it through the state judiciary. If the aim of settlement of the conflict is to build social cohesiveness, the way of resolving outside court / consensus / customary peace agreement is the best way. If the spirit of money is more prominent which is a trend, then social relations are in jeopardy. The Kabupaten Jayapura Government can actually avoid larger conflict if, starting from the development planning, they can identify the needs for land and open communication and negotiate with the adat land-owners on the best way to keep development going while adat and social cohesiveness is maintained. There is no current information on how many cases relate to land conflicts. To avoid larger conflict, it is important for the local government to create redress mechanisms to settle land and natural resource-related conflicts so as to enable conflicting parties to start dialogue, and ensure the right to development for people, especially for indigenous people, is protected. In ANNEX 9, there is a bahasa Indonesia -infohraphic outlining recommended mechanism for Kabupaten Jayapura: Critical Views against Perda Kampung Adat – ALDP facilitated meetings with villagers in three Kampungs in Kecamatan Depapre, Kabupaten Jayapura to discuss the Local Regulation on Adat Kampung (Perda Kampung Adat). This perda was adopted in 2016 but has not been well

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publicized, but it has become a hot topic of discussion among the Ondoafi and adat leaders, as the Bupati already announced the possibility for villages to apply for status as kampung adat (adat village). Therefore, it is important to make the villagers understand the Perda and identify the risks and benefits of the Perda. From the discussion, the villagers provided a List of disputed articles that was then submitted to the Bupati of Kabupaten Jayapura. The list are, among others, as follows: (Cross Ref to Output 1.1.4.)

No Articles Problem CHAPTER I GENERAL PROVISIONS 1 Article 12.

The Head of the Customary Government is the customary village head who is appointed and inaugurated by the ondoafi or by other names

This article will reduce the authority of the ondoafi and can lead to conflict in the community, because there is still the process of selecting the village head which has been running under the Government Law and the Village Law

Potentially narrows the competition space for potential villagers but do not necessarily come from traditional/ adat figures.

PART TWO: INDIGENOUS VILLAGE AREAS AND COMMUNITIES 2 Article 7

1) Customary villages have governmental territory boundaries based on local indigenous peoples' wisdom. 2) Determination of the map of the territory of the customary village government is carried out by the local government by paying attention to: a. structure of indigenous people b. traditional rights c. customary government regulations that apply

Sub-article 1 explains the strong position of adat values but in sub-article 2 there is an indication that the government seems to take over the power of traditional values by conducting the mapping and establishing the boundaries. It is not yet clear how to involve local indigenous peoples in mapping indigenous territories

Position: Indigenous people must do the mapping and the local government performs a facilitating function.

3 Article 24 (2) In the event that there are two ondoafis in one village, the head of the customary government can make them take turns

This can lead to unhealthy competition between the ondoafi to maintain their position or claim their successes and denigrate other ondoafi

4 Article 35 Reports on the implementation of customary village duties are reports that must be submitted by the customary village chief to the head of customary government through the Customary Consultative Forum in the form of a report on the accountability of the customary village head and the traditional village financial report at the end of each year.

Financing to support the implementation of the Customary Village Regulation comes from the local government, but for the LPJ to the customary government is feared that it will become an ondoafi intervention force against the development policies that have been prepared by the customary village head.

Table 4 - Problem List Perda Kampung Adat prepared by ALDP

Output / Activity 2.3.2: Encourage Private Sector Involvement TOT FPIC (Free Prior Informed Consent) – The TOT on FPIC was done in last quarter in Papua has involved indigenous people leaders, CSO leaders, as well as LAOs participants from Papua and Java. Follow up of the training, MAJu encouraged the participants to continue and practice FPIC through different activities such as disseminating the idea of FPIC in the organizations or

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communities that they work for. Dewan Adat Suku (Adat Council/DAS) Tepra and DAS Moi from Kabupaten Jayapura planned to conduct FPIC process in their adat territory through workshops for indigenous people. The head of DAS Moi and also a trainee of the TOT FPIC, is trying to get support from five villages under DAS Moi to fund the process using their village budgets. Through the second phase of the grant to ALDP, MAJu will support the FPIC process in DAS Tepra where ALDP has program intervention. Output / Activity 2.3.3: Utilize Data for Advocacy and Public Campaigns Book and report on criminal code revision as campaigning materials – One of the strategies pulled off by the national alliance to advocate a “fair and equal” criminal code revision was to produce good quality campaign materials based on reliable data. Through grants, ELSAM produced five books related to the impact of the criminal code revision for MAJu target groups, and the proceedings of the national consultation forum. Other than that, ELSAM also released infographics and flyer thematically. These publications were developed based on the seminar or discussion with strategic stakeholders, findings in the field, and desk study.

Photo 9 - Criminal code revision campaign materials created by ELSAM under MAJu

LBH APIK Jakarta film on gender-based violence Survivors - Through MAJu support, LBH APIK Jakarta is created a 20-minutes film as a tool for paralegal training as well as community awareness of the gender-based violence can be happened to women in any event or time or place. The film is also inspirational showing the change of victims to survivors to human rights defender. The film can be watched in this link: https://www.youtube.com/watch?v=qIjHwW-QSYw&feature=youtu.be

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OUTCOME 3: An Improved Enabling Environment for Civil Society Organizations (CSOs) to Effectively Promote Protection of Citizen Rights Increasing conservatism and exclusionary practices based on religion, race, ethnicity, and discriminatory enforcement of government regulations are some of the main threats to freedom of association for civil society. This heightened concern about the space of civil society to operate has triggered more scrutiny by the GOI or CSOs at the both the local and international levels pertinent to limitations to freedom of association, freedom of expression, and freedom of religion/belief. The space for CSOs to operate is critical for protecting the rights of marginalized and vulnerable citizens and for raising awareness about human rights violations against MAJu’s target groups. An Indonesian Cyber Police report during the local election mentioned that hate speech on issues related to religion, ethnicity, race and group identity was increasing.1 CIVICUS put Indonesia as an “obstructed country” in terms of civic space.2 Next year, the Presidential election will take place. The potential for an increase of hate speech and a decreased enabling environment for minorities and marginalized groups is higher. The Gusdurian network has received 100 incidents of hate speech since July 2018.3 Strengthening the enabling environment for civil society provides opportunities for discourse about opposing viewpoints to be shaped and positive narratives to counter negative ones. Thus, the strategy of MAJu is to work with partners, such as YAPPIKA and the Coalition of Freedom of Association (KKB), and the GOI to maximize space for civil society to protect the rights of citizens. In the period July 2013 to July 2018, 241 organizations accross 26 provinces were affected by the government's repression policy through the Law on Mass Organizatiton (UU Ormas) instrument, especially the rule on Surat Keterangan Terdaftar (SKT/Letter of Registration). The affected organizations are banned from their activities; disbanded; crossed out because they did not renew their SKT; restricted in access to grants, public information and public facilities; and stigmatized as an illegal (prohibited) organization.4 Only a few CSOs in YAPPIKA and KKB findings responded to the acts of repression. The main factors that caused this to occur were: 1) not having an understanding of violations of freedom of association and the instruments used by the government; 2) do not know how to do advocacy for this issue; 3) not connected to other CSO networks; 4) awareness that the UU Ormas includes SKT as a threat to freedom of association is very low. Knowing the problems, since last year MAJu, YAPPIKA and KKB have developed monitoring modules and advocacy for freedom of association and have trained approximately 109 people from 86 CSO networks in five regions in Java and it is intended to introduce this across the country. The coalition is providing better documentation of how legislation limits civic space and impacts the fulfilment of the legal rights for CSOs. They also develop a web-based monitoring platform to

1 https://jpp.go.id/polkam/hukum/318830-polri-sebut-ujaran-kebencian-sara-meningkat-selama-pilkada-2018 2 https://www.civicus.org/index.php/state-of-civil-society-report-2018 3 https://kabarkan.org/ 4 Coalition of Freedom of Assembely Annual Reports since 2013 – 2018.

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keep the network alive, to accommodate the monitoring results, and at the same time to disseminate the results to the public. Intermediate Outcome 3.1: Develop the Knowledge and Capacity of Local Civil Society Organizations on the Evolving Regulatory Environment for Non-Governmental Organizations Last quarter, YAPPIKA completed research (desk studies, focus group discussions, and interviews) on the implementation of UU Ormas in relation to the local government initiative on the Letter of Registration for Mass Organization (SKT – Surat Keterangan Terdaftar). The findings of the research were shared with the Director for Mass Organizations within the Ministry of Home Affairs. YAPPIKA also held a press briefing to provide information about the impact of SKT on CSOs, particularly those operating at the local level, and how discriminatory practices of enforcing SKT are jeopardizing access to justice opportunities for MAJu target groups. Constitutional Court verdict No. 82/PUU-XI/2013 regarding the judicial review of Law No. 17 of 2013 on UU Ormas determined that the registration of mass organizations is voluntary and those organizations that are not registered are still recognized and protected under the law. However, the research findings by the KKB show that the GOI requires organizations to register with the National Unity Board and Community Protection Agency (Bakesbangpolinmas). Furthermore, findings from the monitoring and evaluation of the implementation of UU Ormas by the KKB from 2013 to 2018 show that despite registration being voluntary, thirty percent (30%) of the time, organizations are required to register themselves with the Bakesbangpolinmas to obtain a SKT. In addition, findings also show that some government authorities at the local, provincial, and district levels are requiring organizations to obtain a SKT for organizations to be eligible for gaining access to public resources and are using this requirement to restrict freedom of association. Also, not having a SKT can adversely impact the ability of CSOs to work in their communities due to being (1) considered an illegal entity by the government; (2) stigmatized as a labeled “illegal” organization; (3) restricted access to resources; (4) prohibited from engaging in community activities; (5) suffering dissolution or revocation of the organization’s legal registration; and (6) suffering criminalization of CSO staff who are working for “illegal” organizations. After the KKB delivered and conveyed the results of research on SKT, there has been no substantial follow-up from the Directorate of Community Organizations in the Directorate General of Public Relations of the Ministry of Home Affairs. Seeing this development, the KKB will try to take another path outside the Directorate of Mass Organizations, namely by entering through the Ministry of Home Affairs’ Development Research Agency (Balitbang MOHA). Hopefully the results of the KKB research will be utilized by Balitbang MOHA in providing input to the minister. In addition, the KKB will utilize policy loopholes regarding the mechanism for distributing grant funds under state budget and social assistance from the government to CSOs. This method was chosen because KKB and the Directorate of Community Organizations have the same perspective.

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Output / Activity 3.1.1: Broaden and Strengthen the Network of Civil Society Organizations Addressing the Regulatory Environment for Non-Governmental Organizations Apart from that, KKB has finalized the semi-annual report on the fifth year of UU Ormas. MAJu support also enabled them to continue to regularly monitor the implementation of UU Ormas. Some of the threats outlined in the 2014 first year report on UU Ormas have started to be more obvious in terms of shrinking civic space. MAJu suggested that KKB make the fifth report by comparing the trend of threats that were predicted in the first year and comparing dismissal of several organizations that have similar backgrounds, such as Islamic minority groups, and the advocacy of organizations for believers. KKB is also starting to engage with the advocacy of believers who just won the Judicial Review on Administrasi Kependudukan (Citizenship Administration Law) that allows the believers to be recognized officially only if the organization of belief is been legally established. MAJu encouraged YAPPIKA to start to engage the coalition for religious freedom, and association of believers, and work with them on the regulations on recognition of religious groups or organization. Intermediate Outcome 3.2: Build Networks among Local and Jakarta-Based Civil Society Organizations Although the issue of freedom of association is a basic issue in the perspective of human rights, it is often ignored for advocacy work. Only five organizations (YAPPIKA, LBH Jakarta, PSHK, ELSAM and IMPARSIAL) were willing to allocate resources for routine KKB work (from substance to technical support). Seeing this situation, the KKB felt the need to expand the involvement of other organizations. Through grant to YAPPIKA, MAJu supported the KKB National Strategic Plan Workshop held in Bogor with the main agenda: 1) Consolidation of the KKB network and 2) Preparation of the KKB strategic agenda for the next five years. There were 18 organizations involved in the workshop, which were then designated as the KKB Working Team. Within a year and a half, the KKB has involved 158 organizations in activities. These organizations and communities have been exposed to the main issues of freedom of association promoted by KKB. The KKB also expanded its network by cooperating with the paralegal networks accross five regions in Java. There are 109 people from 86 organizations or communities trained in monitoring and advocating freedom of association. At present, they are still monitoring the impact of the UU Ormas. The continuous expansion strategy carried out by the KKB included encouraging the mainstreaming of freedom of association in the perspective of various CSO networks such as FOINI (Freedom of Information Network Indonesia), FATF Working Group (Financial Action Task Force), Civil Society Coalition against Perppu Ormas, Election Networks, and Believers Association (Majelis Luhur Kepercayaan Indonesia/MLKI). The KKB encouraged FOINI to carry out advocacy to the Public Information Commission to monitor irregularities in the Provincial Information Commission that included having a SKT as a condition for information disputes. This is not regulated in the Public Information Disclosure Law,

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and it also contradicts the Constitutional Court Verdict which states that having SKT is not mandatory. FATF has the main function to provide recommendations to the government regarding terrorism prevention. One of which is related to preventing the flow of terrorism funds through civil society organizations. The KKB sees that if this space is not filled with the right perspective, then the potential is mistranslated by the government so that it creates policies that are contrary to civil liberties. Therefore, the KKB actively conveyed its perspective to FATF both formally through seminars and information and through interpersonal relationships. Starting from the fifth year of monitoring, the KKB found an obligation for believer groups (penghayat) to organize to obtain recognition that will be stated in ID cards. The KKB considered that there had been a mistake in the policy because it had mixed the individual admission regime with the union regime. The KKB is building communication with the Penghayat group network through the PEDULI Program’s facilitation. In July 2018, the KKB had the opportunity to share with the MLKI network the impact of the UU Ormas on freedom of belief. In the fifth year of Monitoring of UU Ormas findings, there were Indonesian Election Commission (KPU) and Bawaslu (Monitoring Election Agency) Regulations stating that Election Observers must be registered with the government (KemenkumHAM and Ministry of Home Affairs). However, in reality, the implementation is different; for example, the East Lombok Election Commission Office translated the regulation narrowly as recognizing only CSOs that have SKT to become election monitoring groups. The KKB conducts advocacy efforts by building communication with the Election network, in this case Perludem, to jointly fight for changes to the policy. The strategy of network expansion carried out by KKB is not limited to formal activities such as training and workshops, but also includes active communication to various potential CSOs or groups that can become the targets of government repression through UU Ormas and its derivative regulations. This method will continue to be developed in the future by targeting two new groups, namely key populations of HIV/AIDS community and public services. Output / Activity 3.2.1: Enhance Informed Exchanges and Advocacy on Freedom of Association Public Website for Monitoring Civil Liberties - Recognizing the direct link between citizens realizing their civil liberties and political rights with the ability of CSOs to exercise the freedom of association and expression, YAPPIKA and the KKB have developed a public website, with support from MAJu, for monitoring the violation of civil liberties and political rights of citizens and how these violations impact the enabling environment of CSOs. YAPPIKA has trained the project’s core LAO partners on how to use monitoring tools specifically developed for this activity so they too can assist CSOs that are unfairly discriminated against by government actors that are limiting their rights of association and expression. YAPPIKA is now populating the website so it can be ready for launching in November 2018. Intermediate Outcome 3.3: Build Alliances among Civil Society Organizations, Academics, and the Government of Indonesia to Advocate for an Improved Enabling Environment In the past one year KKB held nine meetings between KKB and regional CSOs, which consisted of four FGDs and five Monitoring Trainings, one FGD at the national level, one public discussion,

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and one press briefing about the report on the monitoring and evaluation of the UU Ormas. In addition, the KKB actively conducts informal discussions with various networks and distributes press releases addressing the issue of freedom of association. Criminal Code Reform (RUU KUHP) Advocacy Alliance – Through a grant, ELSAM had been advocating protection of the rights of MAJu target groups to be included and considered in the criminal code revision. As MAJu reported previously, ELSAM and the RUU KUHP alliance have been criticizing the draft of RUU KUHP that is currently drafted in a way that discriminates against marginalized groups. This advocacy required CSOs to consolidate and support at the local and national level. For this, ELSAM conducted activities such as discussions, meetings, seminars, workshops, public campaigns or policy briefs. ELSAM and several Jakarta-based CSOs established a national alliance on criminal code reform and expanded the network through MAJu. In one-year period of the grant, twelve local and national level CSOs, academics and government connected took part in the discourse on criminal code reform. Several CSOs leading in their respective issues, such as PUSKAPA (Pusat Kajian dan Advokasi Perlindungan dan Kualitas Hidup Anak) and ECPAT Indonesia (The End Child Prostitution and Trafficking) for the issue of children’s rights, Koalisi Perempuan Indonesia and LBH APIK for women’s issues, AMAN for the issues of indigenous people, and Arus Pelangi for marginalized individuals issues, became a part of the alliance together with academics from the University of Indonesia, Islamic University of Indonesia (UII), Airlangga University (UNAIR), Gadjah Mada University (UGM), Padjadjaran University (UNPAD), and Cendrawasih University (UNCEN). Furthermore, the alliance also received support from the central government or quasi government in advocating criminal code revision, such as the Ministry of Health related to the issue of HIV/AIDS and health reproduction, Komnas HAM, Komnas Perempuan, and Bappenas. ELSAM expanded the membership of the alliance through on-going discussions and meeting forums at the local and national levels and appointed a CSO coordinator in every region. In May 2018, the alliance organized a national consultation forum in Jakarta with support from MAJu and other donors, inviting related stakeholders such as local and national CSOs, academics, students, media, law enforcement, judges, Government of Indonesia and parliament as the law maker. This event included law enforcement such as the police and the attorney general’s office to discuss and to support the alliance to have a non-discriminatory revision of the criminal code.5 The alliance was also attended by invitees from the Presidential Office to discuss their findings and recommendations on the draft of RUU KUHP. Up to the day this report was written, the criminal code has not been finalized and enacted by the law makers; however, ELSAM and the national alliance continue to advocate for a “fair and equal” criminal code revision. Output / Activity 3.3.1: Encourage Practical Action to Improve the Enabling Environment In the past year KKB delivered one policy brief on "Improving CSO Data Collection Mechanisms and Providing Access to Resources to make CSO Transparent, Accountable and Sustain" (see ANNEX 10 – Policy Brief on Improving CSO Data Collection Mechanisms) There are two policy options proposed to be taken by the government, namely: 1) Formulating instruments for evaluating the implementation of UU Ormas, especially the implementation of SKT instruments; and 2) Formulating separate policies between collecting data on CSOs and providing CSOs with access to resources.

5 https://news.detik.com/berita/d-4001576/polri-kejagung-harap-diskriminasi-hukum-dihilangkan-di-rkuhp

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YAPPIKA, as the KKB Secretariat, uses hearings as the main means in this policy brief advocacy to policy makers. The policy makers that are the target of the advocacy are the Directorate General of Politics and the Government in the Ministry of Interior (Ditjen Polpum), and the National Human Rights Commission (Komnas HAM). The focus of advocacy to the Ditjen Polpum is to propose improvements to the organization's data collection policy. The Ditjen Polpum gave a positive response to YAPPIKA proposal, though it did not provide certainty about when the policy change would be made. Advocacy to the Ditjen Polpum is also a way for YAPPIKA to be more intensive in building communication with the Ministry of Home Affairs, so the opportunity to improve the enabling environment through policy advocacy is increased. Komnas HAM gave a positive response to the policy brief; they agreed with the policy proposals submitted by YAPPIKA. Komnas HAM conveyed two main concerns, namely returning the UU Ormas to the original intention for protection of the freedom to assemble and organize so that conflicting articles must be reduced; and thus, there needs to be a distinction between the policy for CSOs to access public resources and the policy on collecting data of CSOs. Data collection must be based on voluntary principles. Komnas HAM offered its cooperation to YAPPIKA to formulate standards and norms to guarantee freedom of association and encouraged YAPPIKA to formally complain to the Komnas HAM for any findings of violations in freedom of assembly and organization. Action plans and campaigning materials by the member of criminal code national alliance – With the growing members of national alliance and on-going discussion about the draft of criminal code revision, ELSAM and ICJR, one of the leading organizations, supported the members of the national alliance to adopt an internal action plan and implement activity to advocate for criminal code reform. Eleven organizations, such as LBH APIK, KPI, Institute Perempuan, PKNI, GWL-INA, Aliansi Remaja Indonesia, and AMAN, went along to implement the internal action plans in their working areas. Furthermore, to follow up a joint action plan to disseminate the issue of criminal code revision, 32 members of the national alliance succeed in organizing activities such as discussion groups, seminars, research, dissemination, press releases, legal opinion drafting, and producing campaigning materials. These efforts led to changes to the draft of the criminal code revision and the timeline to enact the code. Several times, the national alliance was invited and had discussions with the law makers who are revising several wordings of the draft code. In fair judgment, the national alliance has been listened to and their input has been considered by the law makers. E. Monitoring, Evaluation, and Learning The monitoring, evaluation, and learning (MEL) component of MAJu offers opportunities to generate new knowledge about human rights and access to justice among the many groups the project is working with, including USAID and GOI counterparts. MAJu’s online MEL system (www.majumel.org) – TAF contracted a venor to develop an online management information system (MIS) that is needed by the project for monitoring and evaluation purposes. The system is being utilized by all grantees. It not only provides tools for tracking partner spending, gender diversity for training programs, and activities through calendars; but it also serves

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as a platform for grantees to submit narrative reports and photos from their events to the project team. Technical Committee Meeting for Annual Implementation Plan FY 2018/2019 – USAID facilitated a TC meeting on 12 September 2018 for MAJu to present the Annual Implementation Plan for FY 2018/2019 to the TC members. MAJu revised the Annual Implementation Plan, which was submitted to USAID on 27 September 2018 for approval. Since the TC meeting, MAJu has followed up on discussions points such as the human rights database, internal reforms of Komnas HAM, future support for BPHN, etc. Monitoring site visits – Most project interventions are coordinated and implemented through grantees. MAJu routinely monitors the grantees through site visits to discuss progress and challenges with partners. M&E Indicators – Last quarter, TAF submitted a list of M&E indicators for review and revision. The intention to review and revise or remove some indicators is being stated in the Annual Implementation Plan 2018/2019 and is necessary especially for the human rights database and biodiversity funding, which was cut to about half of the originally intended amount. The MAJu AOR has agreed to facilitate a meeting with USAID’s Monitoring and Evaluation Unit to discuss the indicators of TAF’s M&E Plan. For the list of indicators to be amended can be found in ANNEX 11. Over this past year there has been an emphasis on strengthening the monitoring and evaluation capacity of grantees. Therefore, data collection from grantees is improving and indictor numbers are more reliable. This increased capacity of grantees to manage and report their data to TAF is reflected in the project M&E Plan that accompanies this report as an attachment. See Attachment 1. F. Activity Location Data Per MAJu’s Activity Location Data and Geographic Data accompany this report as an attachment. See Attachment II. G. Conclusion – Going Forward BPHN - The BPHN and MAJu are working together to strengthen and improve access to justice opportunities for vulnerable and marginalized members of society through increasing the number of accredited LAOs providing legal aid assistance and providing access to state funds for legal aid services through the SIDBANKUM system. MAJu keeps working with BPHN to ensure the accreditation process is conducted well through supporting a factual verification process to the applicants. MAJu also keeps working to ensure the SIDBANKUM can make things easier for the users, both BPHN and LAOs connected with other platforms, such as by connecting with the Supreme Court’s Verdict Database System (SIPP/Sistem Informasi Putusan Pengadilan). With limited funding for GOI support, MAJu will conduct initial FGD between BPHN and the Supreme Court to discuss the potential for linking the two systems. The collaboration with BPHN will continue for revision of Permenkumham Paralegal, National Workshop for Paralegals and other activities toward the end of the MAJu project.

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Human Rights Database – The Human Rights Database is currently the most challenging implementation activity. MAJu only has two years effectively to develop the database. During the recent meeting with USAID, options were discussed and TAF will work with USAID to determine the best solution regarding this complex activity. Komnas HAM - MAJu has been supporting Komnas HAM in several human rights events and is willing to support their request on institutional reform initiatives. MAJu will work with Komnas HAM to identify priorities that can be supported and are in line with the objective of increasing Komnas HAM’s performance. Election – Approaching the election, the enabling environment for CSOs and MAJu target groups is at risk. Increasing hate speech and intolerance have already started to be seen. MAJu will work with partners to monitor the situation and find advocacy strategies to prevent or deal with the threats. MAJu will also provide increased access to justice opportunities to MAJu target groups and provide positive narratives to counter intolerance and exclusion. PEPFAR Activities – After several capacity building programs for LAOs on GESI and SOGIE, MAJu is now encouraging the main LAO partners to engage actively with HIV/AIDS communities that crosscut with MAJu target groups and link them with other minority groups. The social inclusion approach has been started, as proven in this report. This requires stronger interventions through creation of common space for all target groups to collaborate. This quarter, MAJu has not yet been able to discuss the assumptions of the FOIT indicators and benchmarks. The assumptions and fact-check against the FOIT suggest that several indicators may need to be reconsidered and revised. Next quarter, these FOIT matters will need to be clarified and clear with USAID. Papua – Due to budget cuts, MAJu’s obligated funds from Environment Office were reduced. DRG committed to supplementing the shortfall for MAJu to keep working in Papua. However, to maximize impact of project activities, MAJu and DRG office agreed that some of these funds would be used in Java instead of Papua, but MAJu will continue in engaging partners in Papua until the end of project. Project Management and Implementation – The project’s COP is scheduled departure from TAF in April 2019, and the DCOP will assume COP position as outlined in Cooperative Agreement. Therefore, the DCOP is assuming more administrative responsibilities such as drafting of report, and approval project expenditures.

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ANNEX 1 TABLE CROSS-LEARNING BETWEEN LAO AND CSO

MAJu Core LAO Partners

Collaborating CSO Partners

LBH Bandung

Konferensi Pergerakan Rakyat Indonesia (KPRI) Aliansi Jurnalis Independen (AJI) Wahana Lingkungan Hidup Indonesia (WALHI) Jawa Barat Himpunan Abiasa Ahlulbait Indonesia (ABI) Ikatan Jamaah Ahlulbait Indonesia (IJABI) Jamaah Ahmadiyah Indonesia (JAI) Gereja Kristen Pasundan

LBH Jakarta SEJUK ELSAM Arus Pelangi

LBH Semarang LRCKJHAM Lembaga Pemberdayaan Perempuan (LPP) Sekar Jepara Lembaga Studi Sosial dan Agama (eLSa)

LBH Surabaya Koalisi Perempuan Indonesia (KPI) Jawa Timur Gaya Nusantara Center for Marginalized Communities Studies (CMARs)

LBH Yogyakarta

People Like Us Satu Hati (PLUSH) Perkumpulan Keluarga Berencana Indonesia (PKBI) DIY Aliansi Nasional Bhinneka Tunggal Ika (ANBTI) Lembaga Kajian Islam dan Sosial (LKIS)

YLBHI GWL Ina Coalition for Anti Persecution

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ANNEX 2 – Policy Brief RUU Masyarakat Adat Pages from the RUU Masyarakat Adat Policy Brief

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ANNEX 3 – Public Information Request Result

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ANNEX 4 – Workshop Agenda – GBV and HIV

(branding waived)

Understanding the links between gender-based violence (GBV) and HIV and the impact on marginalized target groups and key populations

DAY ONE

MINUTES TIME MODULE 1: Setting the Stage

30 minutes 09:00 – 09:30 1.1 Welcome and Introductions

30 minutes 09:30 – 10:00 1.2 Take pre-test, review agenda, establish group norms

MINUTES TIME MODULE 2: Building Core Knowledge

30 minutes 10:00 – 10:30 2.1 Basics of HIV/AIDS/HIV epidemic

15 minutes 10:30 – 10:45 2.2 The burden of HIV among marginalized/key populations/target groups

15 minutes 10:45 – 11:00 BREAK

15 minutes 11:00 – 11:15 2.3 Link between HIV and GBV

45 minutes 11:15 – 12:00 2.4 GBV is also a violation of basic human rights

60 minutes 12:00 – 01:00 LUNCH

60 minutes 01:00 – 02:00 2.5 Sex and gender: What’s the difference?

80 minutes 02:00 – 03:20 2.6 Understanding gender norms and links to stigma, discrimination, and GBV

10 minutes 03:20 – 03:30 BREAK

60 minutes 03:30 – 04:30 2.7 Understanding GBV (types and consequences)

Wrap-up Day One

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DAY TWO

MINUTES TIME

15 minutes 09:00 – 09:15 OPENING ACTIVITY

MODULE 3: Understanding our own values and beliefs

20 minutes 09:15 – 09:35 3.1 Where do we stand? An individual exercise (values clarification)

MINUTES TIME MODULE 4: Building skills for responding to GBV

40 minutes 09:35 – 10:15 4.1 Needs of victims of GBV (Case study: Maggy)

45 minutes 10:15 – 11:00 4.2 Barriers to disclosing GBV (including for KPs)

15 minutes 11:00 – 11:15 BREAK

45 minutes 11:15 – 12:00 4.3 Five fundamental principles for GBV response

60 minutes 12:00 – 01:00 LUNCH

120 minutes 01:00– 03:00 4.4 First-line support (building skills)

15 minutes 03:00 – 03:15 BREAK

45 minutes 03:15 – 04:00 Wrap-up (Review/Recap and Post-test)

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ANNEX 5 – Workshop Agenda – GESI Advance for Lawyers (branding waived)

Agenda Lokakarya Gender dan Inklusi Sosial Tingkat Lanjut

Jakarta, 6 – 10 August 2018

Waktu Kegiatan Fasilitator / Ket Hari 1, Senin - 6 Agustus 2018

08.30 – 08.00 Registrasi 09.00 – 09.05 Pembukaan Renata 09.05 – 10.15 Membangun komitmen belajar Slamet Modul 1 10.15 – 10.30 Istirahat (Rehat Kopi 1) Di dalam ruangan 10.30 – 11.45 Materi Penyegaran Gender dan Inklusi sosial M. Slamet Modul 1 11.45 – 13.00 Istirahat Makan Siang Di dalam ruangan 13.00 – 14.15 Materi Penyegaran Gender dan Inklusi sosial

(lanjutan) M. Slamet

Modul 2 14.15 – 14.30 Istirahat (Rehat Kopi 2) Di dalam ruangan 14.30 – 15.45 Materi Penyegaran Gender dan Inklusi sosial

(lanjutan)

Modul 2 15.45 – 16.00 Persiapan Klinik Advokasi Hari 2, Selasa - 7 Agustus 2018

09.00 – 10.30 Memahami Sistem Hukum Indonesia dan mengenal mekanisme pemulihan hak

Lintang

Modul 3 10.30 – 10.45 Istirahat (Rehat Kopi 1) Di dalam ruangan 10.45 - 12.15 Menjadi Pembela HAM berperspektif GEIS Ricky Modul 4 12.15 – 13.00 Istirahat Makan Siang Di dalam ruangan 13.00 – 14.30 Menyusun Argumentasi berbasis CEDAW Ricky Modul 5 14.30 – 14.45 Istirahat (Rehat Kopi 2) Di dalam ruangan 14.45 – 16.00 Menyusun Argumentasi – berbasis SOGIE SC Ricky Modul 6 Hari 3, Rabu - 8 Agustus 2018

09.00 – 10.15 Menyusun Argumentasi – berbasis SOGIE SC (lanjutan)

Ricky

Modul 6

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10.15 – 10.30 Istirahat (Rehat Kopi 1) Di dalam ruangan 10.30 – 12.15 Membangun Struktur Argumentasi Pratiwi Modul 7 12.15 – 13.00 Istirahat Makan Siang Di dalam ruangan 13.00 – 15.15 Menyusun teori kasus Pratiwi Modul 8 15.15 – 15.30 Istirahat (Rehat Kopi 2) Di dalam ruangan 15.30 – 16.00 Membangun Strategi Advokasi Lintang & Pratiwi Modul 9 Hari 4, Kamis - 9 Agustus 2018 09.00 – 10.50 Membangun Strategi Advokasi (Lanjutan) Lintang & Pratiwi Modul 9 Istirahat (Rehat Kopi 1) selama sessi Di dalam ruangan

10.50 – 12.00 Persiapan Klinik Semua Trainer

12.00 – 13.00 Istirahat Makan Siang Di dalam ruangan

13.00 – 14.15 Klinik Advokasi Paralel Kelas 1 - Sidang MK dan UPR

Semua Trainer

Modul 10 14.15 – 14.30 Istirahat (Rehat Kopi 2) Di dalam ruangan 14.30 – 16.00 Klinik Advokasi Paralel Kelas 2 - Sidang Pidana

dan Mediasi Semua Trainer

Modul 10

Hari 5, Jumat - 10 Agustus 2018

09.00 – 10.15 Mobilisasi Sumber Daya Nancy Modul 11 10.15 – 10.30 Istirahat (Rehat Kopi 1) Di dalam ruangan 10.30 – 11.45 Membangun Organisasi yang Inklusif Nancy Modul 12 11.45 – 13.00 Istirahat Makan Siang dan Check Out Di dalam ruangan 13.00 – 14.15 Evaluasi Nancy Modul 13 15.00 – 15.15 Istirahat (Rehat Kopi 2) Di dalam ruangan

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ANNEX 6 – Workshop Agenda – Grants and Compliance Workshop

Grants Compliance Workshop September 20-21, 2018

Day 1 – Thursday: September 20, 2018

TIME AGENDA

8.30 – 9.00 Registration

9.00 – 9.15

Opening Session Welcoming Remarks – Kala Finn, Chief of Party - MAJU Program. Overview of the Program Agenda – Herlyna Hutagalung, Program

Officer

9.15 – 10.45 Session 1: Project Management – Fimek Resi, Grants and Contracts Officer What is Project Management for NGO

10.45 – 11.00

Coffee Break

11.00 – 12.30

Session 2: Financial Management – Dini Arsakusumah, Grants and Contracts Director

Grants Cycle Function and Principles of Financial Management Planning & Budgeting Controlling Reporting Auditing

12.30 – 13.30

Lunch Break

13.30 – 15.00

Session 3: Advance Management – Fimek Resi, Grants and Contracts Director

Advance Management

15.00 – 15.30

Coffee Break

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15.30 – 16.30

Session 4: Financial Reporting and TAF 209 – Vidya Dyasanti, Grants & Contract Officer

Reporting (Narrative, Financial,) TAF 209

16.30 – 16.45

Wrap Up

Day 2 – Friday: September 21, 2018

TIME AGENDA

8.30 – 9.00 Registration

9.00 – 11.00 Session 5: Cost Principles and Travel Policy - Vidya Dyasanti, Grants and Contracts Officer

Allowable/Non-Allowable Costs Allowable Costs with Prior Approval Travel Policy: Accommodations and Per-Diem

11.00 – 11.15

Coffee Break

11.15 – 12.00

Session 6: Procurement – Vidya Dyasanti, Grants and Contracts Officer Procurement – Selection and Competition

12.00 – 13.15

Lunch Break

13.15– 14.00

Session 7: Letter of Grants (LG) – Vidya Dyasanti, Grants and Contracts Officer

TAF – Letter of Agreement

14.00- 15.15 Session 8: Internal Controls – Dini Arsakusumah, Grants and Contracts Officer

Internal Controls

15.15 – 15.30

Coffee Break

15.30 – 16.15

Session 8: Summary and Wrap Up – Fimek Resi, Grants and Contracts Director

16.15 – 16.30

Closing Remarks - Renata Arianingtyas, Deputy Chief of Party – MAJU Program

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ANNEX 7 Access to Justice LAO, Law Firms and CSO Partners

Access to Justice Legal Aid Organizations, Law Firms, and Civil Society Organizations -Collaboration and Cross-Learning through MAJu Supported Activities in the Jakarta

Greater Area

No Type Name City

1

Legal Aid Organizations

LBH Advokat Indonesia South Jakarta 2 LBH APIK Banten Tangerang 3 LBH APIK Jakarta East Jakarta 4 LBH Bela Bangsa Tangerang 5 LBH Bogor Bogor 6 LBH Depok Depok 7 LBH Healing Movement North Jakarta 8 LBH Inpartit Central Jakarta 9 LBH Jakayarta Central Jakarta

10 LBH Jingga East Jakarta

11 LBH Keadilan South Tangerang

12 LBH Keadilan Bogor Raya Bogor 13 LBH Keadilan Jakarta Raya East Jakarta 14 LBH Keluarga Indonesia Bekasi Bekasi 15 LBH Masyarakat South Jakarta 16 LBH PENDIDIKAN South Jakarta 17 LBH Perjuangan South Jakarta 18 LBH Pers South Jakarta 19 LBH Topan - AD Bekasi 20 LBH UNSURYA East Jakarta 21 LBHK Awalindo Central Jakarta 1 Law Firms Abrah Said Rekan Central Jakarta 1

Civil Society Organzations

WALHI South Jakarta 2 Serikat PRT Sapulidi Jakarta

3 Lembaga Masyarakat Peduli Lingkungan Indonesia

Jakarta

4 Serikat Pekerja Johnson East Jakarta 5 Arus Pelangi South Jakarta 6 Serikat Pekerja Nasional South Jakarta 7 FSP BUMN Bersatu Central Jakarta 8 Komunitas Eden Central Jakarta 9 SP Indosat Central Jakarta

10 Eks Gafatar Jakarta 11 JALA Sapulidi Jakarta 12 JALA PRT South Jakarta

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Access to Justice Legal Aid Organizations, Law Firms, and Civil Society Organizations -Collaboration and Cross-Learning through MAJu Supported Activities in West Java

No Type Name City

1

Legal Aid Organizations

BBKH FH UNPAD Bandung 2 BBKH FH UNPAS Bandung 3 BKBH Muhammadiyah Sukajadi Bandung 4 DPC PERADI Tasikmalaya Tasikmalaya 5 LBH Keadilan Sukabumi Raya Sukabumi 6 LBH Masyarakat Cibinong Bogor Bogor 7 LBH Pengayoman UNPAR Bandung 8 LBH Pers Bandung 9 LBH STHG Tasikmalaya Tasikmalaya

10 LBH Studi Kebijakan Publik (SIKAP) Ciamis

Ciamis

11 LBH Tohaga Bandung 12 LBH UIN Bandung Bandung 13 Lembaga Advokasi Hak Anak Bandung Bandung 14 LKBH STH Galunggung Tasikmalaya 15 LKBH Universitas Galuh Ciamis 16 LKBH Universitas Muhamadiyah Sukabumi Sukabumi 17 LKBH Universitas Pakuan Bogor Bogor 18 PBH PERADI Bandung Bandung 19 PBH PERADI Purwakarta Purwakarta 20 PBH PERADI Tasikmalaya Tasikmalaya 21 UBH KSH UIN Bandung Bandung 22 WCC Mawar Balqis Cirebon Cirebon 1

Civil Society Organizations

Ahlulbait Indonesia (ABI) Bandung 2 Aliansi Jurnalis Independen (AJI) Bandung 3 Gereja Kristen Pasundan (GKP) Bandung 4 Himpunan ABIASA Bandung 5 Ikatan Jamaah Ahlu Bait Indonesia (IJABI) Bandung 6 Jemaat Ahmadiyah Indonesia (JAI) Bandung 7 Konfederasi Serikat Nasional (KSN) Bandung 8 Orang Terkena Dampak Jatigede Sumedang 9 Pemuda Lintas Iman (PELITA) Cirebon Cirebon

10 Puzzle Bandung 11 SafeNEt Bandung 12 Srikandi Pasundan Bandung 13 Sunda Wiwitan Kuningan 14 Wangsakerta Cirebon Cirebon

15 Youth Interfaith Forum on Sexuality (YIFoS)

Bandung

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Access to Justice Legal Aid Organizations, Law Firms, and Civil Society Organizations -Collaboration and Cross-Learning through MAJu Supported Activities in Central Java

No Type Name City

1

Legal Aid Organizations

FH Universitas Kristen Satya Wacana Salatiga 2 LBH Ansor Semarang Semarang 3 LBH Demak Raya Demak 4 LBH Fiat Justicia Semarang

5 LBH Himpunan Kerukunan Tani (HKTI) Jepara

Jepara

6 LBH Miftakhul Janah Semarang 7 LBH Puspa Grobogan

8 Legal Resource Center untuk Keadilan Jender dan HAM (LRC-KJHAM)

Semarang

9 LKBHI UIN Walisongo Semarang 10 LPP Sekar Jepara Jepara 11 PBH DPC Peradi Semarang Semarang 12 PBHI Jawa Tengah Semarang

13 PKBH Universitas Tujuh Belas Agustus

Semarang

14 Solidaritas Perempuan untuk Kemanusiaan dan HAM (Spek-HAM) Solo

Surakarta

15 Yayasan Bantuan Hukum PAKHIS Kebumen

16 YLBH Jaringan Kerja Relawan untuk Demokrasi, Keadilan dan Hak Asasi Manusia (Jakerham)

Kendal

1 Law Firms Kantor Hukum PHN (Patria, Hendra, Nanang)

Semarang

1

Civil Society Organizations

AMP (Aliansi Mahasiswa Papua) Semarang

2 GMPK (Gerakan Mahasiswa Pembela Kendeng)

Semarang

3 Jemaat Ahmadiyah Kendal Kendal 4 Jemaat Ahmadiyah Semarang Semarang 5 Komunitas Perempuan LPP Sekar Jepara

6 Koperasi Nelayan Perempuan Puspita Bahari

Demak

7 KPI Kota Semarang Semarang 8 Perkumpulan Law & Justice Semarang

9 Lembaga Bantuan Konsultasi Pemantauan Anak dan Masyarakat (PANNAMA)

Semarang

10 Perwaris Semarang 11 PI (Pergerakan Indonesia) Semarang

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12 PPNI Jepara Jepara

13 PPSW (Perkumpulan Petani Surokonto Wetan)

Kendal

14 Rumah Pelangi Semarang

15 Universitas Islam Negeri (UIN) Walisongo

Semarang

16 Universitas Diponegoro Semarang 17 Universitas Sultan Hasanuddin Semarang 18 Universitas Negeri Semarang Semarang 19 WALHI Jawa Tengah Semarang

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Access to Justice Legal Aid Organizations, Law Firms, and Civil Society Organizations - Collaboration and Cross-Learning through MAJu Supported Activities in Yogyakarta

No Type Name City

1

Legal Aid Organizations

BPKH WIDYA MATARAM Yogyakarta

2 LBH Advokat Muslim Indonesia (AMI)

Yogyakarta

3 LBH Baskara Pemuda Muhammadiyah DIY

Kulonprogo

4 LBH Darmayudha Yogyakarta 5 LBH DPC PERADI Kulonprogo Kulonprogo 6 LBH Gama Yogyakarta 7 LBH Mahkamah Sakti Nusantara Medan 8 LBH Pemuda Gama Sleman 9 LBH Sekar Melati Yogyakarta

10 LBH Sembada Sleman 11 LBH SIKAP Sleman

12 Lembaga Konsultasi dan Bantuan Hukum (LKBH) Pandawa

Yogyakarta

13 LKBH Handayani Gunung Kidul 14 LKBH Universitas Islam Indonesia Yogyakarta 15 PBHI Yogyakarta Yogyakata 16 PBKH Fakultas Hukum Atmajaya Sleman 17 Rifka Annisa Yogyakarta

18 Yayasan Pusat Bantuan Hukum PERADI Bantul

Bantul

19 YBH MAHARDIKA Yogyakarta 20 YBH Mahkamah Nusantara Sakti Yogyakarta

1

Civil Society Organizations

Asosiasi Bank Benih dan Teknologi tani Indonesia (AB2TI)

Magelang

2 AGRA Jateng Yogyakarta

3 Aliansi Jurnalis Independen Yogyakarta

Yogyakarta

4 ANBTI (Aliansi Bhinneka Tunggal Ika)

Yogyakarta

5 BPKH Widya Mataram Yogyakarta 6 GIA Ngentak Sleman Sleman 7 GKJ Klasis Gunung Kidul Gunung Kidul

8 Himpunan Wanita Disabilitas Indonesia (HWDI) DIY

Yogyakarta

9 Ikatan Waria Yogyakarta (IWAYO) Yogyakarta 10 Jemaah Ahmadiyah Indonesia (JAI) Yogyakarta 11 Jaringan Perempuan Yogyakarta Yogyakarta 12 Kebaya Yogyakarta

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13 Keluarga Besar Buruh Migran Indonesia (Kabar Bumi)

Yogyakarta

14 Lembaga Konsultasi Kesejahteraan Keluarga (LK3) Sekar

Yogyakata

15 Lembaga Kajian Islam dan Sosial (LKiS)

Bantul

16 Mediator Indonesia Yogyakarta

17 Perhimpunan Perempuan Pekerja Seks Yogyakarta (P3SY)

Yogyakarta

18 Persada (Sapta Dharma) Gunung Kidul

19 Perkumpulan Keluarga Berencana Indonesia (PKBI) DIY

Yogyakarta

20 PKBI Sleman Sleman 21 People Like Us Satu Hati (PLUSH) Yogyakarta

22 Perkumpulan Promotor & Pendidik Kesehatan Masyarakat (PPPKM) – Watu Kodok

Gunung Kidul

23 SERUNI Magelang 24 Serikat Tani Merdeka (SETAM) Kulonprogo

25 Serikat Perempuan Pekerja Rumahan (SPPR) Kasih Bunda

Bantul

26 SPPR Kreatif Bunda Bantul 27 SPPR Ngudi Makmur Bantul 28 Srikandi Lintas Iman Yogyakarta 29 Universitas Atma Jaya Yogyakarta Yogyakarta 30 Universitas Gadjah Mada Yogyakarta 31 Yahamak Timika 32 YPBH PERADI Bantul Bantul

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Access to Justice Legal Aid Organizations, Law Firms, and Civil Society Organizations -Collaboration and Cross-Learning through MAJu and YLBHI Supported Activities

No Type Name City

1

Legal Aid Organizations

LBH Bali Denpasar 2 LBH Banda Aceh Banda Aceh 3 LBH Bandar Lampung Bandar Lampung 4 LBH Bandung Bandung 5 LBH Jakarta Central Jakarta 6 LBH Keadilan Bogor Raya (LKBR) Bogor 7 LBH Keadilan Jakarta Raya East Jakarta 8 LBH Makassar Makassar 9 LBH Manado Manado

10 LBH Medan Medan 11 LBH Padang Padang 12 LBH Palembang Palembang 13 LBH Papua Papua 14 LBH Pekanbaru Pekanbaru 15 LBH Pers Central Jakarta 16 LBH Semarang Semarang 17 LBH Surabaya Surabaya 18 LBH Yogyakarta Yogyakarta 1

Civil Society Organizations

GWL INA South Jakarta

2 Human Rights Working Group (HRWG)

Central Jakarta

3 Imparsial South Jakarta

4 Masyarakat Anti Mafia Indonesia (MAFINDO)

South Jakarta

5 Radio Free Asia (RFA) Central Jakarta 6 SAFE.NET SouthJakarta

7 Serikat Jurnalis untuk Kebebasan (SEJUK)

South Jakarta

8 YAPPIKA East Jakarta 9 Gema Demokrasi Bekasi

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Access to Justice Legal Aid Organizations, Law Firms, and Civil Society Organizations -Collaboration and Cross-Learning through MAJu and LBH Masyarakat Supported

Activities

No Type Name City

1 Legal Aid Organizations

LBH APIK Jakarta East Jakarta 2 LBH Jakarta North Jakarta 3 YLBHI Central Jakarta 1

Civil Society Organizations

GWL INA South Jakarta

2 Organisasi Perubahan Sosial Indonesia (OPSI) DKI Jakarta

South Jakarta

3 OPSI Nasional South Jakarta 4 Sanggar SWARA East Jakarta 5 Yayasan Pesona Jakarta South Jakarta 6 Yayasan Pulih South Jakarta

67

Access to Justice Legal Aid Organizations, Law Firms, and Civil Society Organizations Collaboration and Cross-Learning through MAJu Supported Activities in East Java

No Type Name City

1

Legal Aid Organizations

BKBH Fakultas Hukum Universitas Brawijaya

Malang

2 BKBH Fakultas Hukum Universitas Widyagama Malang

Malang

3 BKBH Universitas Muhammadiyah Malang

Malang

4 BPBH Fakultas Hukum Universitas Jember

Jember

5 DPC PERADI Surabaya Surabaya

6 Fakultas Hukum Universitas Hang Tuah

Surabaya

7 Fakultas Hukum Universitas Muhammadiyah Sidoarjo

Sidoarjo

8 Fakultas Hukum Universitas Muhammadiyah Surabaya

Surabaya

9 Fakultas Syariah Hukum Universitas Islam Negeri Sunan Ampel

Surabaya

10 Koalisi Perempuan Indonesia (KPI) Jawa Timur

Surabaya

11 LBH Disabilitas Jawa Timur Surabaya

12 LBH Federasi Serikat Pekerja Metal Indonesia Sumber Daya Alam

Sidoarjo

13 LBH Mahasiswa Islam Surabaya

14 LKBH Persatuan Guru Republik Indonesia

Surabaya

15 LKBHI Sekolah Tinggi Agama Islam Negeri Al-Fatah Jayapura

Jayapura

16 LPBH Nahdlatul Ulama Jawa Timur Surabaya 17 LPBH Nahdlatul Ulama Surabaya Surabaya

18 OBH Yayasan IKADIN Jember (LKBH IKADIN Jember)

Jember

19 Paham Indonesia Cabang Jember Jember 20 PBH DPC PERADI Sidoarjo Sidoarjo 21 PBH PERADI Sidoarjo Sidoarjo

22 Pusat Studi Hak Asasi Manusia Universitas Surabaya

Surabaya

23 UKBH Fakultas Hukum Universitas Airlangga

Surabaya

1 Civil Society Organizations

Ahlul Bait Indonesia (ABI) Malang 2 Aisyah Sidoarjo Sidoarjo

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3 Aliansi Jurnalis Independen Surabaya Surabaya 4 Balai Perempuan Asem Rowo Surabaya 5 Balai Perempuan Jawa Timur Surabaya 6 Balai Perempuan KPI Jember 7 Balai Perempuan Sedati Sidoarjo 8 Balai Perempuan Semampir Kediri 9 Balai Perempuan Sugihan Tuban

10 Balai Perempuan Tuban Tuban 11 Balai Perempuan Wonokromo Surabaya 12 Bina Matraman Putatjaya (BMP) Surabaya 13 Blijon Sidoarjo Surabaya 14 Cahaya Mentari Surabaya

15 Center for Marginalized Communities Studies (CMARS)

Surabaya

16 DPD Ikatan Mahasiswa Muhammadiyyah Surabaya

Surabaya

17 Ecological Observation and Wetlands Conservation (ECOTON)

Gresik

18 Forum Beda tapi Mesra (FBM) Surabaya 20 Friend's Literasi Surabaya 21 Garuda Malang 22 Gaya Nusantara Surabaya

23 Gerakan Gusdurian Muda (Garuda Malang)

Malang

24 Gerakan Mahasiswa Kristen Indonesia (GMKI) Cab. Surabaya

Surabaya

25 Gus Durian Surabaya Surabaya 26 Gusdurian Sidoarjo Sidoarjo 27 HIMATIF / IMM Sidoarjo 28 HMI Fisip Airlangga Surabaya 29 HMI Hukum Unair Surabaya 30 IMM Sidoarjo Sidoarjo 31 IMM Surabaya Surabaya 32 Intrans Institute Surabaya 33 Kader Posyandu Jawa Timur Sidoarjo 34 Karang Taruna Dusun Balongan Sidoarjo 35 Karang Taruna Kota Surabaya Surabaya 36 Karang Taruna Provinsi Jawa Timur Surabaya 37 KKAI Sidoarjo 38 Klenteng Boen Bio Surabaya 39 Komisi Hak Keuskupan Surabaya Surabaya

40 Komisi hubungan antar Agama Gereja Katolik Keuskupan Surabaya

Surabaya

41 Komunitas ABI Malang Malang 42 Komunitas Candi Sidoarjo Candi Sidoarjo

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43 Komunitas Gedangan Sidoarjo Sidoarjo 44 Komunitas Mata Hati Surabaya

45 Konfederasi Serikat Buruh Muslimin Indonesia (Sarbumusi) NU

Surabaya

46 Kontras SBY Surabaya 47 Kopri SDA Sidoarjo 48 KORPRI Surabaya Surabaya 49 Korps HMI Wati (KOHATI) Surabaya 50 KPI Balai Perempuan Surabaya Surabaya 51 KPI Cab Jember Jember 52 KPI Cab Mlg Malang 53 KPI Jawa Timur Surabaya 54 KPI Jember Jember 55 KPI Sidoarjo Sidoarjo 56 KPI Surabaya Surabaya

57 LPBB (Laskar PembelaBumi Pertiwi Waduk Sepat)

Surabaya

58 LPBP Surabaya 59 Mahasiswa Unirow Surabaya 60 Majelis Hukum HAM PDM Sidoarjo Surabaya 61 Makin Boen Bio Surabaya 62 Masyarakat IC Tulangan Surabaya 63 MCW Bangkalan 64 Museum Boemi Poegoer Jember 65 Paguyuban Juru Parkir Surabaya (PJS) Surabaya 66 Panjuman Sidoarjo Sidoarjo 67 PAUD Mujahidin Surabaya 68 PAUD Surabaya Surabaya 69 Penghayat Jawa Timur Surabaya 70 Penyintas Syiah Sampang Sampang 71 PERSADA Jawa Timur Surabaya 72 Perwakos Surabaya 73 Pgl Jatim / GKI Sidoarjo Sidoarjo

74 PHDI (Parisada Hindu Dharma Indonesia)

Surabaya

75 Pimpinan Daerah Nasyiatul Aisyiyah (PDNA) Sidoarjo

Sidoarjo

76 Pimpinan Daerah Pemuda Muhammadiyah (PDPM) Sidoarjo

Sidoarjo

77 Pimpinan Unit Kerja ASSAB Sidoarjo 78 Pimpinan Unit Kerja DARIN Sidoarjo 79 Pimpinan Unit Kerja FULLOMATIC Sidoarjo 80 Pimpinan Unit Kerja Hanil JS Sidoarjo 81 Pimpinan Unit Kerja IPATINDO Sidoarjo 82 Pimpinan Unit Kerja PAKING Sidoarjo

70

83 Pimpinan Unit Kerja Pripatindo Sidoarjo

84 Pimpinan Unit Kerja PT ASSAD Steels

Sidoarjo

85 Pimpinan Unit Kerja PT NACHINDO TAPE

Sidoarjo

86 Pimpinan Unit Kerja PTISPATINDO Sidoarjo 87 Pimpinan Unit Kerja Surya Terang Sidoarjo

88 Pimpinan Unit Kerja SURYA TERANG

Sidoarjo

89 PKBM Surabaya 90 PKK Kota Surabaya Surabaya 91 PMII Sidoarjo Sidoarjo 92 PMII Untag Surabaya 93 PPAPL TAKAWIDA Jember 94 Prajurit Pelangi Surabaya 95 PS Muslimat Sidoarjo 96 PUSHAM UBAYA Surabaya 97 SAA UINSA Surabaya 98 Sapulidi Surabaya 99 SBI Sidoarjo

100 SBMI Sidoarjo

101 Serikat Pedagang Kaki Lima (SPEKAL)

Surabaya

102 SP PT. APIE Indo Karunia Sidoarjo 103 SPAI FSDMI Sidoarjo 104 SPPK Jember

105 Surabaya Children Crisis Centre (SCCC)

Surabaya

106 Tenaga Kesejahteraan Sosial Kecamatan (TKSK)

Jember

107 UMSIDA (Himatif) Sidoarjo 108 UNISA Surabaya Surabaya 109 WALHI JATIM Surabaya

110 Wanita Theravada Indonesia (wandani)

Surabaya

111 Wartar Dsn Balongan Sidoarjo 112 Waru Sidoarjo Sidoarjo 113 Yayasan Hotline Surabaya Sidoarjo

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ANNEX 8 – LIST OF ORGANIZATIONS AND GOI AGENCIES/ MINISTRIES PARTICIPATING IN THE IT ASSESSMENT

Government Agencies Ministry of Law and Human Rights

1. Balitbang KumHAM

2. Dirjen HAM

3. BPHN

Ministry of Foreign Affairs

BAPPENAS

National Statistic Agency

State-Auxiliary Bodies Komnas HAM

Civil Society Organization / Legal Aid Organization

YLBHI and 6 LBH Offices:

1. LBH Jakarta

2. LBH Bandung

3. LBH Yogyakarta

4. LBH Semarang

5. LBH Surabaya

6. LBH Papua

ELSAM

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ANNEX 9 – INFOGRAPHIC OUTLINING RECOMMENDED MECHANISM FOR KABUPATEN JAYAPURA

Figure 3 - Recommended Mechanism for Conflct Resolution in Jayapura

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ANNEX 10 – Policy Brief on Improving CSO Data Collection Mechanisms Pages from the policy brief on improving CSO data collection mechanism and access to resources.

74

ANNEX 11 – LIST OF MONITORING AND EVALUATION INDICATORS FOR AMENDMENT

Project Indicator

Action Requested by USAID

Reason for Action Requested

MAJU 4 – Number of instances where USAID-supported CSOs assisted forest dependent indigenous communities whose rights have been abused to seek recourse through the formal justice system

Remove Seeking justice through the formal justice system is not favorable to most indigenous people who prefer to use traditional justice mechanisms and mediation. However, there is no specific way for the project to collect the number of “instances from informal redress mechanisms.” Also, MAJu is working in the Cyclops area and therefore not working solely with “forest dependent” indigenous communities. Therefore, we propose that the words “forest dependent” be removed and we propose that “formal justice system” be replaced with “formal and informal redress mechanisms.” Also, MAJU 3 overlaps with this if we remove the “formal justice system.”

MAJU 8 – Number of instances where MAJu provided support to increase the awareness of the Cyclops multi-stakeholder forum members regarding indigenous people’s rights to land

Remove The assumption was that LESTARI would establish a multi-stakeholder forum in Cyclops that MAJu would work with. However, when MAJu started working in Cyclops the forum was not established and the status of the forum is still not clear.

MAJU 9 - Number of forest dependent indigenous people and CSO representatives trained and supported to understand indigenous people’s rights to manage and protect high biodiversity forests in which they reside

Revise – Number of indigenous people and CSO representatives trained and supported to understand indigenous people’s rights to protect high biodiversity forests in which they reside

Since MAJu is working with people in Jayapura and in the buffer zone of the Cyclops nature reserve, this means that the people the project is working with are not necessarily “forest dependent indigenous people.” Therefore, we propose that the words “forest dependent” be removed.

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MAJU 13 – Number of developed, or improved, IT solutions for case management for legal aid providers

Revise – Number of developed, or improved, IT solutions to improve legal aid services

It would be more inclusive to replace “for case management for legal aid providers” with “to improve legal aid services.”

MAJU 15 – Number of targeted GOI institutions using data from the human rights database for evidence-based decision making

Revise - Taking into consideration the project’s IT Assessment, the function and purpose of an integrated human rights database needs to be redefined as the GOI ministries and agencies involved in the IT Assessment did not identify a need for a new human rights database to be developed. Therefore, TAF proposes that “for evidence-based decision-making” be removed from the wording of the indicator.

MAJU 17- Increased score on the quality of the GOI’s UN human rights reports

Remove The reporting cycles for most of the UN human rights reports do not fit with the implementation timeframe of the project, except for the reporting period for ECOSOC which is in 2019.

MAJU 21 – Improvement in the score of the quality of data on human rights violations held by the GOI

Revise – Improvement in the score of the quality of data on human rights violations by KemenkumHAM

The human rights data held by the GOI ministries and agencies involved in the project’s IT Assessment is not available to the public for scrutinizing the accuracy of the data. However, if the project works with the Balitbang KumHAM, we propose that “GOI” be replaced with “KemenkumHAM.”

MAJU 24 – The number of training programs or modules developed on citizens’ rights for government partners and the private sector

Revise – The number of programs developed on citizens’ rights for government partners and the private sector

We propose that the language be broader so the reference to “training programs or modules” is revised to say “programs.” This could include meetings, seminars, workshops, and so forth.

MAJU 25 - % of trainees whose score on pre and post training questionnaires regarding citizens’ rights improved

Revise - Number of participants with improved awareness about citizens’ rights

We propose that “%” be changed to “the number “and the word “trainees” be revised to “participants” and the language of “score on pre and post training

76

questionnaires” be revised to say, “increase in awareness.”

MAJU 27 – The number of training programs held to improve CSO understanding of the enabling environment for NGOs as result of USG support under MAJu

Revise – The number of programs held to improve CSO understanding of the enabling environment for NGOs as result of USG support under MAJu

We propose that the word “training” be deleted. This could include meetings, seminars, workshops, and so forth.

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ATTACHMENT 1 – ACTIVITY Location Data