Human rights law plays a vital role not only within the broader framework of public international law, but as a cornerstone for justice and equality in society. One way for law students and professionals to advocate for human rights is by conducting thorough and precise legal research in this field. The JGLR editorial team had the invaluable opportunity to interview Yogi Bratajaya, an MSc in International Human Rights Law Candidate at the University of Oxford and recipient of the Brunsfield Oxford ASEAN Human Rights Scholarship. He completed a Diploma in Advanced Studies on Human Rights and Humanitarian Law at the American University Washington College of Law, receiving a full scholarship as the winner of the 2022 Human Rights Essay Award. He is also a member of the Asia-Pacific Youth Advisory Group on Environmental and Climate Justice at the United Nations.

1. Can you tell us about yourself and how you first became involved in human rights law?

I was first introduced to the field of international human rights law through the Philip C. Jessup International Moot Court Competition. I found the materials and readings very interesting, and I was inspired by the prominent figures in international human rights law, such as the United Nations special rapporteurs and judges of regional human rights courts. The field of international human rights law aligned with my personal convictions of utilizing the law as a tool to help others, particularly marginalized and disadvantaged groups. Since graduating and participating in the Jessup, I have worked with local and international human rights organizations.

2. Can you discuss the major challenges human rights lawyers face today?

Talking about Indonesia specifically, the main challenge is the application of existing laws and the enactment of new legal provisions that unduly restrict human rights. A well-known example that I’m sure you know of is the ITE Law (Law No. 19/2016 j.o. Law No. 11/2008), which contains overbroad criminal provisions that are inconsistent with international human rights law and standards. These provisions have been applied by state authorities to target human rights defenders and people who work and advocate for human rights. I think that this is the biggest issue that human rights advocates face in Indonesia today. These laws represent the larger problem of the erosion of the rule of law and the weakening of democratic institutions within the country.

Regardless, I do remain hopeful for the future. These past few months have shown me that people do care about these issues, with numerous civil society organizations and like-minded individuals advocating for strengthening democratic principles and advancing human rights.

Follow-up question: How have these recent developments in Indonesia have impacted legal scholarship and the freedom of legal scholars?

Recent events in Indonesia have certainly raised concerns, with reports of professors facing threats and online harassment after making public statements emphasizing the democratic backsliding happening in our country. I think another issue that affects the legal scholarship landscape is the growing inaccessibility of higher education, with reports of tuition costs rapidly rising. This may have the effect of drawing current and future students away from learning about human rights law and/or pursuing a career in this field.

3. What are the first steps that law students should take when conducting legal research in human rights law?

1.⁠ ⁠Identify the facts of the situation and read widely

Begin by understanding the context and facts of the issue at hand. Ensure the validity and truthfulness of what you read, particularly with reports published by State authorities - this can be achieved by reading statements and reports from civil society organizations.

2.⁠ ⁠Have a clear goal in mind when writing

Define your main argument before you begin to write. To convey this main argument well, you should make an outline to highlight the keywords, include an introduction which clearly outlines the point you are trying to convey, and the sections that support your main argument.

3.⁠ ⁠Identify the relevant sources of law

Determine what is binding or non-binding and applicable to the issue at hand. For example, with the issue of the ITE Law, Indonesia’s obligations under Article 19 of the ICCPR to guarantee the right of freedom of expression would be relevant. For further guidance on international human rights obligations, the commentaries/interpretations made by the human rights bodies are tremendously useful - in the case of the ITE Law this would be the Human Rights Committee as the treaty body of the ICCPR, to assess if the application of the ITE Law has been consistent with the ICCPR.

4. What are the key elements of effective legal writing in the context of human rights law?

1.⁠ ⁠Set Out the Problem and Main Argument Early

Make sure to clearly state the issue and main argument in the first paragraph to capture the reader's attention. When readers see your title and read the opening paragraph, they should immediately understand the writer's argument. Therefore, it's crucial to use words effectively, keep it concise, clear, and use active sentences. This applies to all forms of writing, including dissertations, academic journals, and particularly short-form blogs.

2.⁠ ⁠Use Varied Sentence Length

When writing a paragraph, make sure to mix in some short sentences along with the long ones. This will keep your writing dynamic and engaging. It's essential to strike a balance when elaborating on certain points as well.

For instance, when discussing the ITE law, you might write a longer sentence:

"The legality principle under international human rights law requires that legal provisions that restrict the exercise of freedom of expression should be formulated precisely."

Followed by a shorter sentence:

"Article 27 of the ITE law does not meet this requirement."

This approach adds dynamism to your writing and makes it more engaging for the reader.

3. Acknowledge Counter-Arguments

Acknowledging and addressing counter-arguments is essential especially when writing on the topic of international human rights law. An example of this is when analyzing the human rights impacts of laws that prohibit and impose criminal sanctions on “false information”.

If we are to argue that such “false information” laws are formulated in an overbroad manner and can be applied to threaten freedom of expression, possible counter-arguments may arise, such as: “Combating disinformation is important, as we saw in the Covid-19 pandemic, how disinformation undermined medical advice and prolonged the pandemic”.

We should address this point of view and strengthen our own argument by providing that: “However, the Special Rapporteur of Freedom of Expression provided that criminalization and punitive sanctions are not necessary or proportional. Instead, the application and implementation of the principle of transparency and effective dissemination of accurate information is recommended”.

Addressing this counter-argument strengthens the main argument by demonstrating a comprehensive understanding of the issue.

4.⁠ ⁠Edit and Review Thoroughly

Good writing is a result of good editing. Review your work thoroughly to ensure clarity, accuracy, and coherence. I received invaluable advice from Professor Shreya Atrey at Oxford, who emphasized that “there is no good writing, only good editing”. Her work on intersectional discrimination and equality law is highly recommended for law students interested in these areas.

The emphasis on editing is particularly great since, in my experience, when writing, I often enter a flow state where I just pump out sentences and before I realize it, the entire piece is done, especially for a short blog of around 1500 words. During this process, there is a risk of overlooking important details. That's where good editing becomes invaluable. It involves examining the length of sentences, ensuring a clear argument at the beginning of each paragraph, and verifying the accuracy of footnotes.

Recommended Reading: "Legal Writing in Plain English" by Bryan A. Garner.

5. What essential skills and competencies are needed for success in human rights law?

1. Networking

Having strong networking and socializing skills is essential for building advocacy networks and garnering public support, particularly in the realm of international human rights law. When establishing advocacy networks to support specific issues, such as advocating for the draft broadcasting law, networking skills play a significant role. It involves connecting with like-minded groups and individuals, including reaching out to essential entities such as journalist associations.

2. Writing and Public Advocacy

Learning to effectively communicate and advocate for human rights issues to a broader audience is essential for garnering public support. I believe that everyone plays a role in advocating for human rights issues. You don’t need to aspire to be a “human rights lawyer” or specialize in this field to engage in human rights advocacy.

6. How can law students actively promote human rights law in their communities?

1. Encouragement for Students to Participate in Moots

Engage in national and international moot court competitions, such as the Philip C. Jessup International Moot Court Competition, to develop skills and make valuable connections for a career in human rights law. It significantly enhances your skills and work ethic, offering valuable learning experiences outside the class. Additionally, the friendships you make along the way are invaluable.

2. Focus on Specific Issues

I think the best way to start engaging with human rights issues to find an area of human rights that captivates your interest and to pursue it, read the materials on the issue and look up the organizations advocating for it. For example, the specific field that I focused and wrote on as my undergraduate thesis was human rights and the environment.

3. Engage in Advocacy

Utilize blogging websites, social media platforms, as well as other relevant online platforms to effectively raise public awareness, educate, and advocate for human rights. I really appreciate initiatives like this that encourage law students to engage in human rights issues and write about developments in the field of human rights law.

4. Network and Build Alliances

Collaborate with like-minded individuals and organizations to advance human rights causes. By collaborating with others who share similar visions of human rights, a collective impact can be achieved that far surpasses what could be done individually.

This interview was conducted by the Associate Editors of JGLR: Fresina Choerupriyatna, Keyza Audirasandi, Sabina Zildji.