International Observations on West Papua

This is a comprehensive compilation of recommendations and observations made by international mechanisms of the United Nations, the European Union and other bodies regarding the conflict and human rights situation in West Papua or the human rights policies in Indonesia affecting the situation in West Papua. Any part of this compilation may be reused.

Observations and Recommendations by Year:

2017 | 2016 | 2015 | 2014 | 2013 | 2012 | 2011 | 2010 | 2009 | 2008

Observations and Recommendations by Mechanisms:

3. UPR Review | 2. UPR Review | 1. UPR Review

| CCPR | CESCR | CAT | CERD

 

2017

Universal Periodic Review - 3rd Cycle

Reference: United Nations, Human Rights Council, Report of the Working Group on the Universal Periodic Review Indonesia, A/HRC/36/7 (14 July 2017), available from https://documents-dds-ny.un.org/doc/UNDOC/GEN/G17/192/60/PDF/G1719260.pdf?OpenElement


"Indonesia welcomed the visit in April 2017 of the Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health, during  which  he  was  able  to  gain  a  comprehensive  view  of  the  progress  and  challenges faced  in  Jakarta,  West  Sumatra,  East  Nusa  Tenggara  and  Papua." (Human Rights Council 14.07.2017: p. 2)

"12. The  President  was  committed  to  a  comprehensive  and  multifaceted  policy  to accelerate development  in  Papua  and  West  Papua  provinces,  which  would  enable  the Papuans to enjoy prosperity on the same basis as their fellow countrymen in other parts of Indonesia.  Moreover,  efforts  to  address  the  issue  of  injustice,  including  alleged  human rights violations in Papua, were under way, including through the establishment in 2016 of an  integrated  team  under  the  Coordinating  Minister  for  Political,  Legal  and  Security Affairs, involving the National Commission on Human Rights.

13. The Government had lifted restrictions in order for foreign journalists to visit Papua. Indonesia  noted that 39 journalists  had  visited Papua  in 2015, a  41 per cent increase  from 2014. In addition, around 90 international organizations and civil society organizations had visited Papua since 2012."

"20. Indonesia was strongly committed to upholding freedom of opinion and expression, and in that regard noted that in Jakarta there had been 3,148 public demonstrations in 2015 and 2,784 in 2016. In 2015 in Papua, one demonstration to ok place every two days." (Human Rights Council 14.07.2017: p. 3)

"36. Serbia welcomed the ratification of the Optional Protocol to the Convention against Torture  and  Other  Cruel,  Inhuman  or  Degrading  Treatment  or  Punishment,  training  for police and prison officers and the establishment of the national task force on trafficking in persons." (Human Rights Council 14.07.2017: p. 4)

"39. Slovakia  appreciated  the  steps  taken  to  revise  the  Criminal  Code  and  to  promote interfaith  dialogue  and  tolerance  while  expressing  concern  about  the  use  of  the  death penalty."

"56. The  United  States  of  America  expressed  concern  about,  inter  alia,  the  lack  of  an accountability framework for abuses by the military and police and restrictions on freedoms of expression and peaceful assembly, including in Papua and West Papua." (Human Rights Council 14.07.2017: p. 5)

"67. Australia  acknowledged  the  introduction  of  the  Law on  Persons  with  Disabilities and   encouraged   Indonesia   to   establish   a   national   disability   commission.   Australia welcomed  the  demonstrated  commitment  of  Indonesia  to  economic  development  in  the Papua provinces.

68. Austria  expressed  concern  about  undue  restrictions  on  freedom  of  expression,  lack of  accountability  for  violations  by  security  forces  in  Papua  and  attacks  against  religious minorities and places of worship."

"78. Indonesia  noted that  the  law relating to the  special autonomy of Papua  and the  law relating to Western Papua had been implemented to promote effective local governance and development.  Both provinces  were  self-governed and administrated by  local governments, led by democratically elected native Papuans." (Human Rights Council 14.07.2017: p. 6)

"100. Germany  acknowledged  the  progress  made  in  several  areas,  notably  conciliatory measures in Papua and West Papua." (Human Rights Council 14.07.2017: p. 8)

"134. The   national   police   force   had   provided   cooperative   training   on   investigative interviewing  to  up  to  3,000  law  enforcement  personnel.  Other  training  was  provided regularly, including for trainers of investigative interviewing and on humanitarian law.

136.Indonesia  highlighted  that  a  large  number  of  local  regulations  had  been  reformed following  the  recommendation  of  the  Ministry  of  Home  Affairs,  in  line  with  recognized human  rights  principles  and  standards.  Continuing efforts  were  being  made  to  enhance human  rights  capacity  and  knowledge  in  all  provinces  and  cities,  including  Aceh,  Papua and West Papua." (Human Rights Council 14.07.2017: p. 10)

"139.2 Consider  the  ratification  of  the  Optional  Protocol  to  the  Convention against Torture (Georgia) (Kazakhstan);
139.3 Take  further  steps  to  ratify the  Optional  Protocol  to  the  Convention against Torture (Mozambique);
139.4 Ratify  the  Optional  Protocol  to the  Convention  against  Torture (Denmark) (Guatemala) (Hungary) (Montenegro) (Portugal) (Turkey);
139.5 Ratify without delay the Optional Protocol to the Convention against Torture,  as  well  as  the  International  Convention  for  the  Protection  of  All Persons  from  Enforced  Disappearance,  and  expedite  the  harmonization  of legislation in accordance with them (Bosnia and Herzegovina);
139.6 Ratify the International Convention for the Protection of All Persons from  Enforced  Disappearance  (France)  (Portugal)  (Ukraine)  (Sierra  Leone); Ratify  the  International  Convention  for  the  Protection  of  All  Persons  from Enforced  Disappearance  to strengthen  the  Convention  from  the  perspective  of universality and compliance (Japan); Complete the process of ratification of the International  Convention  for  the  Protection  of  All  Persons  from  Enforced Disappearance (Kazakhstan);"

" 139.22 Urgently  make  all  acts  of  torture offences  under  its  criminal  law, including  in  the  Criminal  Code  of  Indonesia,  consistent  with  its  binding obligations under the Convention against Torture (Canada);
139.23 Review the Criminal Code to align it with the definition of torture in the Convention against Torture (Honduras);
139.24 Adopt   legislative   measures   to   prevent   and   combat   intimidation, repression  or  violence  against  human  rights  defenders,  journalists  and  civil society organizations (Mexico);" (Human Rights Council 14.07.2017: p. 11)

"139.51 Improve training and administrative instructions for police and local authorities   to   ensure   that   the   right   to   peaceful   assembly   is   universally respected, including in the provinces of Papua and West Papua (Germany)"

"139.53 Expedite  the  process  of  revising  the  Criminal  Code  ensuring  that  it includes a definition of torture  consistent with the Convention against Torture (Republic of Korea);
139.54 Adopt the national anti-torture bill and establish an effective national preventive mechanism (Serbia);
139.55Continue efforts to fight against torture (Iraq)" (Human Rights Council 14.07.2017: p. 13)

"139.65 Facilitate   the   work   of   human   rights   defenders   and   journalists throughout the country (France);
139.66 Step  up  efforts to  ensure  protection  of  journalists  and  human  rights defenders (Iraq);
139.67 Ensure human rights obligations in Papua are upheld, respected and promoted,  including  freedom  of  assembly,  freedom  of  the  press  and  the  rights of women and minorities (New Zealand);"

"139.76 Ensure  that  the  freedom  of  speech  of  civil  society  organizations  and special interest groups is promoted and respected across Indonesia so that they can, within the legal framework, voice their views and concerns, even on issues that can be sensitive (Netherlands);" (Human Rights Council 14.07.2017: p. 14)

"139.88 Strengthen  prevention  and  monitoring  measures  in  the  health  sector (Angola);"

139.90 Continue   to   improve   access   to   health-care   services   by   funding programmes  that  improve  the  quality  of  health  services  in  rural  villages (Maldives);
139.91 Redouble   efforts   in   sex   education   and   access   to   sexual   and reproductive  health  in  the  whole  country  with  a  view  to  reducing  maternal mortality  and  combating  AIDS,  early  pregnancies,  abortions  carried  out  in situations   of   risk,   child   marriages   and   violence   and   sexual   exploitation (Colombia);
139.92 Further  improve  the  coverage  of  reproductive,  maternal,  newborn, child and adolescent health services in the country (Kazakhstan);
139.93 Continue   to   implement   policies   to   ensure   the   availability and affordability  of  education  to  all  Indonesians,  in  particular  those  in  the  remote regions and those with special needs (Singapore)"

"139.97 Continue   strengthening   measures   to   ensure   education   for   all, including  expanding  the  infrastructure  of  the educational  system  in  the  whole territory of the country (Belarus);" (Human Rights Council 14.07.2017: p. 15)

"141.6 Ratify,  before  the  next  universal  periodic  review  cycle,  the  Optional Protocol  to  the  Convention  against  Torture  and  Other  Cruel,  Inhuman  or degrading   Treatment   or   Punishment,   and   establish   a   national   preventive mechanism accordingly (Czechia);
141.7 Take measures to put an end to torture and ill-treatment practised by the  police  forces  and  to  combat  the  impunity  of  people  responsible  for  such offences, including by ratifying the Optional Protocol to the Convention against Torture  and  Other  Cruel,  Inhuman  or  Degrading  Treatment  or  Punishment (France);"

"141.11 Consider  ratifying  the  Rome  Statute  of  the  International  Criminal Court, including its Agreement on the Privileges and Immunities (Botswana);
141.12 Ratify the Rome Statute of the International Criminal Court (Latvia)
(Madagascar) (Portugal) (Timor-Leste);
141.13 Accede to the Rome Statute as amended at the Review Conference in Kampala  in  2010  and  align  its  national  legislation  with  the  obligations  under the Rome Statute, the definition of crimes and principles, including the crime of aggression (Liechtenstein);
141.14 Ratify  the  Rome  Statue  of  the  International  Criminal  Court  in accordance  with  the  commitment  made  in  the  National  Human  Rights  Action Plan (Hungary);
141.15 Adhere  to  and  adapt  national  laws  to  the  Rome  Statute  of  the International Criminal Court (Guatemala);
141.16 Ratify  the  Convention  on  the  Prevention  and  Punishment  of  the Crime of Genocide (Armenia);
141.17 Ratify   the   Convention   on   the   Non-Applicability   of   Statutory Limitations to War Crimes and Crimes against Humanity (Armenia);
141.18 Accede to the Arms Trade Treaty (Guatemala);
141.19 Ratify  as  soon  as  possible  the  ILO  Indigenous  and  Tribal  Peoples Convention, 1989 (No.169) (Guatemala)"(Human Rights Council 14.07.2017: p. 19)

"141.22 Consider  extending  an  open  and  standing  invitation  to  the  special procedures (Bosnia and Herzegovina);
141.23 Extend  an  open  invitation  to  all  special  procedures  of  the  Human Rights  Council  (Uruguay);  Issue  a  standing  invitation  to  special  procedures (Kazakhstan);  Extend  a  standing  invitation  to  special  procedures  mandate holders,  respond  positively  to  all  requests  to  visit  the  country  and  cooperate fully,  promptly  and  substantively  with  the  Human  Rights  Council  special procedures (Latvia);
141.24 Extend an  invitation  to  the  Special  Rapporteur  on  the  rights  of indigenous peoples to visit Indonesia, including Papua, in line with the openness of Indonesia to collaborate with special procedure mandate holders (Mexico);
141.25 Complete  swiftly  the  discussions within  the  legislative  body  on  the revised draft of the Criminal Code (Turkey)" (Human Rights Council 14.07.2017: p. 19 f)

"141.30 Repeal or  amend articles 106 and 110 of the Criminal Code to avoid restrictions on freedom of expression (Germany);
141.31 End prosecutions under articles 106 and 110 of the Criminal Code for exercising  freedom  of  expression  and  peaceful  assembly  (United  States  of America);" (Human Rights Council 14.07.2017: p. 20)

" 141.56 Take  further  steps to ensure  a safe and enabling environment for  all human rights defenders, including those representing the lesbian, gay, bisexual and transgender community and adat communities (Norway)"

" 141.58 Ensure  that  existing  legal  and  constitutional  provisions  protecting human rights in particular freedom of expression, association and assembly are fully  implemented  nationwide;  repeal  discriminatory  local  by-laws  contrary  to the   Constitution   of   Indonesia;   prioritize   progress   on   equality   and   non-discrimination,  including  in  relation  to  lesbian,  gay,  bisexual  and  transgender persons;  take  action  to  prevent  extremist  groups  from  harassing,  intimidating or  persecuting  religious  and  other   minorities;  and   provide  human  rights training to officials in the legal and judicial system (Ireland);
141.59 Intensify  all  efforts  to  respect  and  uphold  freedom  of  expression, assembly, and   religion  and   belief,   and   to   prevent   discrimination  on  any grounds including sexual orientation and gender identity (Australia);
141.60 Ensure the respect of the right to a fair trial, as provided by article 14 of the International Covenant on Civil and Political Rights, including the right to appeal for persons sentenced to death (Republic of Moldova);
141.61 Continue  to  combat  impunity,  including  by  strengthening  laws  and regulations as well as their implementation (Turkey);
141.62 Thoroughly  and  transparently  investigate  past  human  rights  abuses (United States of America);
141.63 Finalize   the   investigation   of   all   human   rights   cases   in   Papua (Australia)"(Human Rights Council 14.07.2017: p. 22)

"141.74 Evaluate  the  establishment  of  mechanisms  that  allow  indigenous peoples to be guaranteed the right to their ancestral lands (Peru);
141.75 End  compulsory  drug  treatment  and  reform  mandatory  reporting requirements to allow for anti-discriminatory access to health care (Portugal)" (Human Rights Council 14.07.2017: p. 23)

 

2016

Committee for the Elimination of Racial Discrimination (CERD) – Early Warning Procedure regarding Human Rights Situation in West Papua

Reference: United Nations, Committee for the Elimination of Racial Discrimination, Early Warning Procedure, CERD/91st/EWUAP/SW/ks (13 December 2016), available from http://tbinternet.ohchr.org/Treaties/CERD/Shared%20Documents/IDN/INT_CERD_ALE_IDN_8134_E.pdf

"Excellency,

I write to inform you that in the course of its 91 st session, the Committee on the Elimination of Racial Discrimination has considered further the situation of potential human rights violations in the Indonesian provinces of Papua and West Papua under its early warning and urgent action procedures. In this regard, the Committee refers to its previous letter on the subject of 3 October 2016.

The Committee would like to thank your Government for its correspondence of 24 November 2016.

The Committee takes note of information provided by your Government, in particular your clarification that freedoms of expression and assembly are guaranteed under the Indonesian Constitution, are applied without discrimination, and that the Special Autonomy Law facilitates self-government and self-administration for Papuans.

The Committee wishes to alert the Republic of Indonesia that additional allegations of arbitrary arrest and detention of protestors of West Papuan origin have been reported to it, as well as recent instances of forced disappearances and extrajudicial killings of West Papuan community leaders seeking an independent state.

If substantiated, the above allegations that have been brought to the Committee’s attention would hinder the full enjoyment of rights under the Convention in the State party, in particular the rights enshrined in article 2(b), article 3, article 4(c) and article
5(b), (c) and (d) viii, ix.

In accordance with article 9(1) of the Convention and article 65 of its Rules of Procedure, the Committee would be grateful to receive another response outlining the current situation in Papua and West Papua and the policies and actions adopted by the security forces in the region. In particular, information detailing recent treatment of protestors, community leaders and human rights defenders would be welcomed before 3rd April 2017.

Finally, the Committee is encouraged to hear that the State party is in the process of finalizing its fourth to sixth combined periodic reports for review. It would also like to inform your Government that the above issues will be examined when the State party next comes before the Committee. The Committee looks forward to receiving the overdue reports from the Republic of Indonesia as soon as practicable." (Committee for the Elimination of Racial Discrimination, 13.12.2016, p. 1)

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Committee for the Elimination of Racial Discrimination (CERD) – Early Warning Procedure regarding Human Rights Situation in West Papua 

Reference: United Nations, Committee for the Elimination of Racial Discrimination, Early Warning Procedure, CERD/90th/EWUAP/GH/MJA/ks (3 October 2016), available from http://tbinternet.ohchr.org/Treaties/CERD/Shared%20Documents/IDN/INT_CERD_ALE_IDN_8093_E.pdf

"Excellency,

I write to inform you that in the course of its 90 th session, the Committee on the Elimination of Racial Discrimination has considered, under its early warning and urgent action procedure, allegations of excessive use of force, arrests, killings and torture of persons belonging to the Papuan indigenous people in West Papua, Indonesia, and allegations of discrimination against this people, that have been brought to its attention by a non-governmental organisation.

According to information received, persons belonging to the Papuan indigenous people in West Papua have, for some years, been facing repression by security forces of the State party during Papuan flag-raising ceremonies and demonstrations.

Reportedly, between April 2013 and December 2014, security forces killed 22 persons during demonstrations and a number of persons have also been killed or injured since January 2016. It is alleged that, in May 2014, more than 470 persons belonging to the Papuan indigenous people were arrested in cities of West Papua during demonstrations against extraction and plantation activities. Such arrests have reportedly increased since the beginning of 2016 amounting to 4000 between April and June 2016 and have included human rights activists and journalists.

Such acts have reportedly never been investigated and those responsible have gone unpunished. The submission claims that repression of persons belonging to the Papuan indigenous people is the result of a misinterpretation and lack of a correct implementation of the Special Autonomy Law by local and national authorities of Indonesia. The submission also claims that actions by security forces constitute violations of the rights of freedom of assembly and association." (Committee for the Elimination of Racial Discrimination, 3.10.2016, p. 1)

"Additionally, it is reported that, for decades, the State party has implemented a policy consisting of favouring the migration of non indigenous persons from other parts of Indonesia to West Papua, which leads to the decline in representation of the population of Papuans in comparison to the general population in their territory. Further, the submission alleges that Papuan indigenous people in West Papua face the poorest educational standards in the country resulting in very low rates of literacy, as low as 20 per cent in remote villages.

In light of information above, the Committee is concerned that these allegations, if verified, could hinder the full enjoyment of rights under the Convention. The Committee reiterates the concern expressed and recommendations made in paragraph 22 of its concluding observations (CERD/C/IND/CO/3, para. 22) of 15 Augsut 2007.

In accordance with Article 9 (1) of the Convention and article 65 of its Rules of Procedure, the Committee requests that the State party submit information on all of the issues and concerns as outlined above by 14 November 2016, as well as on any action already taken to address these concerns. In particular, it requests that the Government of Indonesia provide information on: a) its response to the allegations described above; b) the status of implementation of the Special Autonomy Law in West Papua ; c) measures taken to ensure the effective protection of indigenous people in West Papua from arbitrary arrests and detentions as well as deprivation of life; d) measures taken to ensure that indigenous people from West Papua effectively enjoy their rights to freedom of assembly and association including persons with dissenting opinions; e) measures taken to investigate allegations of excessive use of force by security forces including killings; f) steps taken to improve access to education of Papuan children in West Papua in particular those living in very remote areas." (Committee for the Elimination of Racial Discrimination, 3.10.2016, p. 2)

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Study on Fundamentalism by Special Rapporteur on FoAss

Reference: United Nations, Human Rights Council, Report of the Special Rapporteur on the rights to freedom of peaceful assembly and of association, A/HRC/32/36 (31 May 2016), available from http://undocs.org/A/HRC/32/36.

“In relation to Indonesia, the Special Rapporteur received reports that authorities’ enforcement of the nationalist ‘Unitary State’ ideology extends to the repression of demonstrations by ethnic West Papuans. He stresses that the State has the responsibility to protect and facilitate protests that advocate for political and cultural views that differ from, and even oppose, those espoused by the Government.” (Human Rights Council 31.05.2016,  p. 18)

 

Communications Reports of Special Procedures

 Reference: United Nations, Human Rights Council, Communications Report of Special Procedures, Communications sent, 1 March to 31 May 2016; Replies received, 1 May to 31 July 2016, A/HRC/33/32 (8 September 2016), available from http://undocs.org/A/HRC/33/32

"Alleged excessive use of force, killing, torture, arbitrary detention and charges against individuals for the exercise of their rights to freedom of peaceful assembly and to freedom of expression. According to the information received, on 1 December 2015, indigenous Papuans commemorated their National Day through numerous peaceful demonstrations and prayer services across Indonesia. At demonstrations and events held in Jakarta, Yapen Island and Nabire, security forces used blockades, tear gas and violence to end the commemorations, resulting in the injury of 141 individuals and death of four individuals. Another 355 individuals were arrested and detained, and two were charged with criminal offences. All individuals were subsequently released and the charges brought against the two individuals dropped. Previous communications concerning the exercise by indigenous Papuans of their rights to freedom of peaceful assembly and freedom of expression were sent on 9 October 2015 see A/HRC/31/79, case no. IDN 8/2015; 1 May 2014, see A/HRC/27/72, case no. IDN 2/2014; 23 September 2013, see A/HRC/25/74, case no. IDN 4/2013; and 24 July 2012, see A/HRC/22/67, case no. IDN 6/2012." (Human Rights Council, 08.09.2016, p. 29)

"Alleged preventable deaths of 51 children and three adults as a result of a Pertussis epidemic in Papua Province, Indonesia. According to the information received, between November 2015 and 5 January 2016, 51 children and three adults died of Pertussis in the Nduga Regency, a remote area in the highlands of Papua Province that is mainly inhabited by indigenous Papuans. The spread of the epidemic was reportedly facilitated by food and clean water shortages, chronic malnutrition and poor availability of and lack of access to adequate medical services. Information received indicated that preventive immunizations had not been provided to the indigenous Papuans. Both national and local government institutions reportedly failed to adequately prevent, treat and control the Pertussis epidemic. It is therefore alleged that the 54 deaths were preventable and the result of government neglect." (Human Rights Council, 08.09.2016, p. 61)

"Alleged excessive use of force, degrading treatment and arbitrary arrest of 20 West Papuan activists in Papua Provinces of Indonesia. According to the information received, on 12 and 13 April 2016, 20 West Papuan activists ? Mr. Yupi Sobolim, Mr. Unyil Kobak, Mr. Erson Suhun, Mr. Lendeng Omu, Mr. Leni Busup, Mr. Natu Dapla,  Ms. Panggrasia Yeem, Mr. Petrus Katem, Mr. Idelfonsius Katop, Mr. Yohakim Gebze, Mr. Gento Emerikus Dop, Mr. Charles Sraun, Mr. Emilianus Nemop, Mr. Rikardo Pisakai, Mr. Oktovianus Warip, Mr. Petrus P. Koweng, Mr. Lukas Arawok, Mr. Simon Taulemi, Mr. Paustinus K. Metemko, and Mr. Moses Pasim ? were arrested in two different locations in the Papua Province of Indonesia. The arrested persons are comprised of members of and activists supporting the West Papua National Committee, as well as members of People’s Regional Parliament. The arrests were reportedly in reaction to their support of the candidacy of the United Liberation Movement for West Papua to be a full member of the Melanesian Spearhead Group.  They were reportedly subjected to a series of degrading treatment, including forced to eat dirt, strip and beaten with a hammer. Concern is expressed at the alleged excessive use of force, degrading treatment, arrest and arbitrary detention against individuals for the legitimate exercise of their rights to freedom of assembly and freedom of expression." (Human Rights Council, 08.09.2016, p. 67)

 

2015

Press Briefing by UN High Commissioners Spokesperson on 5 countries

 Reference: United Nations, Department of Public Information, Press briefing note on South Sudan, Yemen, Angola, Indonesia and Republic of Moldova (12 May 2015), http://www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=15948&LangID=E.

Indonesia

We welcome the decision last weekend by the President of Indonesia to grant clemency to five Papuan political prisoners as well as his announcement that foreign journalists will now be allowed to visit Papua.

The High Commissioner is very much encouraged by these initial but significant steps.
He encourages the President to pursue his efforts toward reconciliation in Papua by reviewing the remaining cases of political prisoners with a view to their release." (High Commissioner on Human Rights 12.05.2015)

 

Communications from Special Procedures (FoAss)

Reference: United Nations, Human Rights Council, Report of the Special Rapporteur on the rights to freedom of peaceful assembly and of association, Maina Kiai Addendum Observations on communications transmitted to Governments and replies received, A/HRC/29/25/ADD.3 (10 June 2015), available from http://undocs.org/A/HRC/29/25/ADD.3.

 “Indonesia
 
JAL 01/05/2014. Case no: IDN 2/2014,State reply: None. 
 
Alleged violent dispersal of a demonstration in Jayapura, West Papua and reported arrests and torture of two student protestors. 

[...] 
 
Observations
 
Responses to communications
 
The Special Rapporteur regrets that he did not receive replies to date to his communications and reiterates that responses to his communications are an important part of the cooperation of Governments.He looks forward to receiving detailed responses to the questions raised in them, in at the earliest possible convenience, in conformity with Human Rights Council resolutions 24/5 (2013), 21/16 (2012) and 15/21 (2010).
 
Negative obligation of the State to not unduly interfere with these rights
 
The Special Rapporteur urges the Government of Indonesia to take measures to put in place an enabling environment for associations to operate safely and for protests to take place free from undue restrictions. He remains concerned about the reported excessive use of force during peaceful assemblies in Waena and Abepura in April 2014 and about the denial to register an association and to authorize it to organize a rally  in Jakarta in May 2014 (IDN 1/2014). He recalls that the State committed to protecting and promoting rights set forth in international law and standards, including in the International Covenant on Civil and Political Rights acceded by Indonesia on 23 February 2006 that provides for the rights to freely associate and assemble. He reaffirms that while assemblies can be subject to certain restrictions, which are prescribed by law and are necessary in a democratic society, there should be a presumption in favour of holding peaceful assemblies and prohibitions should be measures of last resort. In this context, he believes that a swift notification procedure to hold a peaceful assembly complies better with international standards, whereas other requirements can lead to undue interference. Similarly, he is of the view that authorities should automatically grant associations legal personality as soon as notified (A/HRC/20/27, paragraph 28)." (Human Rights Council 10.06.2015, p. 49)

 

UN DP's Country Programme Indonesia (2016-2020)

Reference: United Nations, Executive Board of the United Nations Development Programme, the United Nations Population Fund and the United Nations Office for Project Services, Country programme document for Indonesia (2016 – 2020), DP/DCP/IDN/3 (25 June 2015), available from http://undocs.org/DP/DCP/IDN/3.

“Vulnerable, low-income and food-insecure people still face significant barriers to improving their livelihoods. Approximately 65 million Indonesians remain highly vulnerable to shocks. Poverty is high in provinces such as Papua and West Papua with rates of 28 and 26 percent  respectively. Although overall unemployment is on the decline, the picture is different for vulnerable groups: the youth unemployment rate is 22 percent; women constitute the majority of the unemployed (the unemployment rate is 6 per cent for men and 9 per cent for women); people with disabilities and customary law communities are overrepresented among the unemployed; and barriers exist for other minority groups to gain and retain employment. The poor are also the most vulnerable to disasters: 4 of the 10 most disaster-prone provinces have the lowest human development indices. The absence of energy infrastructure is one of the causes of disparity in economic development. Indonesia’s electrification ratio is 84.35 per cent, with 40 million people, mainly poor and in remote areas, without electricity. An estimated 24.5 million households rely on firewood for cooking, resulting in an estimated 165,000 premature deaths due to indoor air pollution. These challenges stem from causes such as (a) human resource constraints caused by the limited accessibility to and poor quality of education that keep the poor from accessing decent employment; (b) limited availability of decent, sustainable jobs; and (c) a low property ownership rate, especially among women and customary law communities.” (Executive Board of the United Nations Development Programme, the United Nations Population Fund and the United Nations Office for Project Services 25.06.2015, p. 2f)


“UNDP will target poor and near-poor women – particularly those based in rural areas – and poor forest-dependent people who live on less than $2 per day. Approximately 17 million smallholder farmers will be prioritized. UNDP will target provinces lagging furthest behind in HDI and Millennium Development Goal achievement, including East Nusa Tenggara and Papua. UNDP will also focus on urban slum dwellers, people with disabilities and people living with HIV and AIDS. Gender analysis will be a mandatory component of all country programme components.” (Executive Board of the United Nations Development Programme, the United Nations Population Fund and the United Nations Office for Project Services 25.06.2015, p. 4)


“UNDP will collaborate with the International Labour Organization (ILO), non-governmental organizations, banks and local government to promote livelihood development in remote regions. UNDP will help to establish and strengthen existing local economic development agencies (LEDAs), multi-stakeholder institutions that facilitate policy, regulatory and institutional changes to promote local economic development. In the long term, LEDAs will help reduce poverty by improving the environment for job creation and increasing the market competitiveness of targeted  groups. Learning from past work in Papua, UNDP will advocate and support local governments to collaborate with local banks and non-profit intermediaries to expand access to capital and provide business support and training to small and medium enterprises and Orang Asli Papua (Papuan people).” (Executive Board of the United Nations Development Programme, the United Nations Population Fund and the United Nations Office for Project Services 25.06.2015, p. 5)

 

2014

1st Review by the UN Committee for Economic Social and Cultural Rights (CESCR)

Concluding Observations on the Initial Report of Indonesia

Reference: United Nations, Economic and Social Council, Committee on Economic, Social and Cultural Rights, Concluding observations on the initial report of Indonesia, E/C.12/IDN/CO/1 (19 June 2014), available from http://undocs.org/E/C.12/IDN/CO/1.


“Acknowledging the challenges posed by the geographical configuration of the State party, the Committee is concerned that the minimum essential levels of economic, social and cultural rights are not guaranteed in remote islands and areas in Papua and other parts of the country, primarily due to unavailability and poor quality of public services, including in education and health. Furthermore, the Committee expresses concern at the lack of access to remedies for violations of human rights and at the lack of comprehensive knowledge of the human rights situation in those areas (art. 2.2).

Recalling that the exercise of Covenant rights should not be conditional on, or determined by, the place of residence, and referring to Law No. 25/2009 on Public Service, the Committee calls on the State party to adopt a human rights-based approach in the implementation of the National Medium-Term Development Plan (RPJMN) for 2015-2019 and to:

(a) Accelerate the delivery of quality public services in remote islands and areas in Papua and other parts of the country, by allocating the necessary human and financial resources, by monitoring that they reach the intended beneficiaries, and by clearly defining the responsibilities of the various levels of Government;

(b) Ensure that judicial remedies and non-judicial institutions, such as the State party’s national human rights institutions, are accessible in those areas;

(c) Undertake to collect information on the situation of economic, social and cultural rights of ethnic groups in highlands, remote and border islands and areas, in collaboration with the national human rights institutions and civil society organizations.

The Committee refers to the State party to its statement on poverty and the Covenant, adopted on 4 May 2001 (E/2002/22-E/C.12/2001/17, annex vii).” (Economic and Social Council 19.06.2014, p. 4 f)


“The Committee expresses concern at violations of human rights in the mining and plantations sectors, including the right to livelihood, the right to food, the right to water, labour rights and cultural rights. It is also concerned that the free, prior and informed consent of affected communities is not always sought in these projects, including under Law 25/2007 on Investment. Moreover, even in cases where consultations of affected communities have taken place, their informed decisions have not been guaranteed.

The Committee is concerned at the lack of an adequate monitoring of the human rights and environmental impact of extractive projects during their implementation. In many cases, affected communities have not been afforded effective remedies and have, along with human rights defenders working on these cases, been subject to violence and persecution. Furthermore, it is concerned that these projects have not brought about tangible benefits for local communities (art. 1.2, 2.2, 11).

The Committee calls on the State party to review legislation, regulations and practices in the mining and plantations sectors and:

(a) Guarantee legal assistance to communities during consultations on extractive projects affecting them and their resources with a view to ensuring their free, prior and informed consent;

(b) Ensure that license agreements are subject to monitoring of human rights and environmental impact during the implementation of extractive projects;

(c) Guarantee legal assistance to communities lodging complaints about allegations of human rights violations, thoroughly investigate all allegations of breach of license agreements, and revoke licenses, as appropriate;

(d) Ensure that tangible benefits and their distribution are not left solely to the voluntary policy of corporate social responsibilities of companies, but are also defined in license agreements, in the form of employment creation and improvement of public services for local communities, among others;

(e) Engage in constant dialogue with human rights defenders, protect them from acts of violence, intimidation and harassment, and thoroughly investigate all allegations of reprisals and abuse so asto bring perpetrators to justice.” (Economic and Social Council 19.06.2014, p. 9 f)

“The Committee expresses concern about the large number of land disputes and cases of land-grabbing in the State party. It is also concerned that regulations such as Presidential Regulation 65/2006 on Procurement of Land for Realizing Development for Public Interest render individuals and communities vulnerable to land-grabbing as only 34 per cent of land in the State party is certified. Similarly, the Committee is concerned that court decisions on land cases have been primarily made on the basis of the existence of titles. Furthermore, the Committee expresses concern at the prohibitive cost of titling that has accompanied the settlement of land disputes (arts. 1.2, 2.2 and 11).

The Committee urges the State party to adopt a land policy which

(a) establishes an institution tasked with the oversight of settlement of land disputes;

(b) promotes settlement approaches that take into account the fact that land titles are not always available;

(c) reviews relevant laws and regulations which make individuals and communities vulnerable to land-grabbing;

(d) facilitates the titling of land without prohibitive procedural costs;

(e) secures the involvement of the national human rights institutions and the civil society.” (Economic and Social Council 19.06.2014, p. 10)


“The Committee is concerned that the lack of education services or their poor quality in some areas, including cases where teachers do not report to duty, leave the State party with a large number of illiterate persons. It is also concerned that measures taken by the State party, such as the deployment of less qualified teachers in remote areas, perpetuate the discriminatory situation. Moreover, the Committee is concerned at indirect costs borne by parents and at higher drop-out rates among girls (art. 13).

The Committee urges the State party to ensure quality and culturally adequate education, especially in remote areas, including by ensuring that resources invested and programmes such as the operational assistance for schools lead to effective enjoyment of the right to education. The Committee also recommends that the State party ensure that primary education is free of charge and that it take measures, including awareness-raising, to address school dropout among girls. Moreover, the Committee recommends that the State party introduce, in consultation with local communities, education in local languages where appropriate. The Committee refers the State party to its general comment No. 11 (1999) on plans of action for primary education.“ (Economic and Social Council 19.06.2014, p. 12 f)

“The Committee is concerned at the absence of an effective legal protection framework of the rights of Masyarakat Hukum Adat due to inconsistencies in relevant legislative provisions (arts. 15 and 2.1).

Referring to the State party’s statement that it would make use of relevant principles contained in the United Nations Declaration on the Rights of Indigenous Peoples, the Committee urges the State party to expedite the adoption of the draft law on the rights of Masyarakat Hukum Adat and ensure that it:

(a) Defines Masyarakat Hukum Adat and provides for the principle of self-identification, including the possibility to self-identify as indigenous peoples;

(b) Effectively guarantees their inalienable right to own, develop, control and use their customary lands and resources;

(c) Define strong mechanisms for ensuring the respect of their free, prior and informed consent on decisions affecting them and their resources, as well as adequate compensation and effective remedies in case of violation.

The Committee also recommends that the State party undertake to harmonize existing laws according to the new law on the rights of Masyarakat Hukum Adat and ratify the ILO Convention on Indigenous and Tribal Populations, 1989 (No. 169).” (Economic and Social Council 19.06.2014, p. 13)

“The Committee is concerned at provisions of recently adopted Law No. 18/2013 on Prevention and Eradication of Forest Destruction as well as other laws in force in the State party which contravene the Decision 35/PUU-X/2012 of the Constitutional Court on the right of ownership of customary forests by Masyarakat Hukum Adat. It is further concerned that, while the State party has granted concessions on forested land to develop palm oil plantations, members of Masyarakat Hukum Adat have reportedly been arrested on the basis of the Law No. 18/2013 (arts. 15 and 1.2).
 
The Committee recommends that, as a priority for the implementation of the Plan of Action of the Joint Agreement for the Acceleration in the Determination of Forest Regions, the State party:

(a) Amend all legislative provisions which are incompatible with the Constitution Court Decision 35/PUU-X/2012, including those contained in the Law 18/2013 on Prevention and Eradication of Forest Destruction, and take steps for the review of decisions against members of Masyarakat Hukum Adat based thereon; and

(b) Identify and demarcate customary lands and forests, resolve disputes thereon, in consultation with representatives of Masyarakat Hukum Adat and the national human rights institutions.” (Economic and Social Council 19.06.2014, p. 13f)


“The Committee is concerned that a number of languages in the State party are at risk of disappearance, in spite of the measures taken by the Language Development Agency (art. 15).

The Committee recommends that the State party pursue efforts aimed at the preservation of endangered languages, including by promoting their use and by documenting them. In this regard, the Committee recommends that the State party invest resources for the effective implementation of Ministry of Education and Culture Regulation No. 81/A of 2013 on the inclusion of the teaching of local languages in the primary school curricula, especially as it pertains to endangered languages.” (Economic and Social Council 19.06.2014, p. 14)

 

Replies of Indonesia on the List of Issues to the Committee on Economic, Social and Cultural Rights

Reference: United Nations, Economic and Social Council, Committee on Economic, Social and Cultural Rights, List of issues in relation to the initial report of Indonesia, Addendum, Replies of Indonesia to the list of issues, E/C.12/IDN/Q/1/ADD.1 (17 April 2014), available from http://undocs.org/E/C.12/IDN/Q/1/ADD.1.


Article 1, paragraph 2 – Free disposal of natural wealth and resources 
                                 
Question  3                 

In regards to the protection of traditional entitlement to land, the Indonesian Constitution, particularly article 18b (2), stipulates that  “the State recognizes and respects Masyarakat Hukum Adat (traditional community) along with their traditional customary rights as long as this remain in existence and in accordance with the societal development and the principles of the Unitary State of the Republic of Indonesia, and shall be regulated by law”. Further, article 28I (3) provides recognition by the State to the culture identity and rights of Masyarakat Hukum Adat.  

The rights of Masyarakat Hukum Adat is further elaborated in Law No. 39 of 1999 on Human Rights, specifically in article 6 which stipulates that the Government has the obligation to protect the rights of Masyarakat Hukum Adat including their cultural identity and traditional land rights. Article 9 (1) of the Law sets the foundation on the collective entitlement of land by Masyarakat Hukum Adat. 

On the issue of official recognition of Masyarakat Hukum Adat customary land, the Basic Agrarian Law of 1960, article 2 (4), 3 and 5, recognizes and respects the Masyarakat Hukum  Adat customary land, as long as it is in conformity with prevailing laws and regulations and national interest. Several criteria for such entitlement includes: an evident presence of the Masyarakat Hukum Adat, an evident attachment of  Masyarakat Hukum Adat’s livelihood to the communal land, and the presence of body of norms governing the use and management of the Masyarakat Hukum Adat communal land. The said criteria are reaffirmed in Law No. 41 of 1999 on Forestry.

In accordance with the Guidelines to Resolve Collective Rights on Masyarakat Hukum Adat Land Issues issued by the Head of Land Agency in 1999, the determination of a communal land rights belonging to a Masyarakat Hukum Adat land is decided through an inclusive process by a Special Team consisting of the representative from the local government, Masyarakat Hukum Adat expert, representative of the Masyarakat Hukum Adat whose land is being assessed, non-governmental organizations (NGOs) as well as representatives of related governmental ministries/institutions. The study of the Special Team serves as the basis for the issuance of by-law on recognition of the collective land right of the Masyarakat Hukum Adat, thereby strengthening the Masyarakat Hukum Adat’s legal standing upon the land in the event of a dispute or land grabbing by other parties. Examples of by-laws that recognize Masyarakat Hukum Adat lands, among others Lebak Regency By-law on Baduy Masyarakat Hukum Adat; Nunukan Regency By-law; Kampar Regency By law; Papua Province By-law; West Sumatra Province By-law, Central Kalimantan Province By-law on Kedamangan and Dayak Masyarakat Hukum Adat; Ternate By-law on Kesultanan Ternate Masyarakat Hukum Adat; Riau Province By-Law on Buluh Cina  and Riau Malay Masyarakat Hukum Adat; Maluku Province By-Law on Nagai, Petuanan, Ratshap and Ohoi Masyarakat Hukum Adat; and Malinau Regency By-Law on Malinau Masyarakat Hukum Adat. 

A recent development in the recognition and protection of Masyarakat Hukum Adat land is the Constitutional Court Decision No. 35/PUU-X/2012 on  the Judicial Review of Law No. 41 of 1999 on Forestry. The Decision has specifically recognized Masyarakat Hukum Adat forest apart from State-owned forest. 

[…] Disputes relating to Masyarakat Hukum Adat land can be reported to the Public Complaint Services of the Ministry of Law and Human Rights Yankomas), BPN, and Komnas HAM. The Yankomas has followed up 99 reported cases in 2012 and 15 cases in 2013. While BPN, has handled 9 cases  through mediation process and 4 cases resolved through the State Administrative Courts in 2010-2013. According to Komnas HAM, out of the 7,000 cases received by Komnas HAM in 2013, 2,331 cases are related to both private land and Masyarakat Hukum Adat land disputes.” (Economic and Social Council 17.04.2014, p. 4 f)


“Question 4                 

The principle of “Free and Prior Informed Consent” is an integral part of the Government’s policy with regard to the use of lands for development projects. The principle requires mandatory inclusive consultations on equal footing between the community, the Government and business actors, including in approving the use and the benefit sharing of development projects involving communal lands owned by Masyarakat Hukum Adat.  

The legal framework for ensuring the respect for such principle includes Law No. 41 of 1999 on Forestry; Law No. 32 of 2004 on Local Governance; Law No. 18 of 2004 on Plantations; Law No. 4 of 2009 on Mineral and Coal Mining; Law No. 6 of 2014 on Village and Regulation of the Ministry of Agriculture No. 98/PERMENTAN/OT.140/9/2013 on the Guidelines in the Licensing of Plantation Business. 
  
Development projects should contribute to the development of the local economy, infrastructure and sustainable use of natural resources and  environmental protection. Presidential Decree No. 26 of 2010 provides mechanism for the transparency and accountability of national and sub-national government revenues from extractive industries by  upholding the principles of social welfare, good governance, transparency, sustainable development and the involvement of various stake holders, including the Masyarakat Hukum Adat. Furthermore, in 2013, a Joint Understanding Agreement between the Ministry of Social Affairs, Ministry of Forestry, and BPN was initiated to empower Masyarakat Hukum Adat in remote areas (KAT) through settlement regulation within and outside the forest area. This Joint Understanding Agreement aims to ensure that development projects contributes to the welfare of KAT that are based on the principles of non-discrimination, respect of the local KAT values, and accommodates the active participation of KAT in the development process.  
  
In the industrial sector, the Ministry of Industry together with the Ministry of Environment have issued regulations towards ensuring the  implementation of the free and prior informed consent principle in regards to the issuance of business icenses. The Minister of Industry Regulation No. 41 of 2008 on the Issuance of Industrial Licensing and Minister of Environment Regulation No. 11 of 2006, stipulates that licenses shall only be issued when business actors have obtained: Building License from the respective local governments; Hazard License   (Hinder Ordonantie/HO) – from the respective local government with the approval of the concerned community; Environmental Impact Analysis(AMDAL) and have provided the documentations regarding Efforts on Environmental Management (UKL) and Environmental Monitoring (UPL). The Ministry of National Development Planning has issued Regulation No. 3 of 2012 on Guidelines in the Implementation of Cooperation between the  Government and Business Entities in Providing Public Infrastructure that requires mandatory public consultations with all stakeholders including the local communities be held prior to the initiation of development projects.  

Local governments also have roles in ensuring that the issuance of business licenses in development projects are in adherence to the prevailing laws and regulations, in which the interest of local communities are well represented.” (Economic and Social Council 17.04.2014, p. 5 f)


Article 15 – Cultural rights

Question 32                 

As mentioned in paragraph 273 of the  initial report (E/C.12/IDN/1), based on Law No. 11 of 2010 on Cultural Heritage and the Law No. 5 of  1992 on Cultural Objects, the Government is mandated to preserve cultural heritage. In this regard, Indonesia has preserved 8,863 cultural  sites and objects of cultural heritage, as well as the 146 cultural conservation areas, including cultural heritage and languages of ethnic   groups and Masyarakat Hukum Adat. 

In order to create favourable conditions for the people to preserve, develop, express and disseminate identity, history, culture, language, traditions and customs, the Government has issued the following guidelines; 

(a) Minister of Home Affairs Regulation No. 52 of 2007 on Guidelines for Preservation and Development of Adat Customs and Socio-cultural Values of Society; 

(b) Minister of Home Affairs Regulation No. 39 of 2007 on Guidelines for Facilitating Social Organization of Culture, the Palace, and the Preservation of Masyarakat Hukum Adat; 

(c) Law No. 6 of 2014 on the Village which recognizes the existence of Masyarakat Hukum Adat and regulates the establishment of traditional village or Adat Village.
  
The Government has developed several cultural preservation sites such as Taman Mini Indonesia Indah (Indonesia Miniature Park) since 1975. In  addition, many local governments at the provincial and regency/city level have established cultural houses as centres to develop their local cultures. Local governments also hold a regular programme of cultural festival, among others: Lembah Baliem Festival (Papua Province), Jailolo Festival (North Maluku Province), Pasola Festival (East Nusa Tenggara Province), Raja Ampat Festival and Travel Mart (West  Papua  Province); 

[...] Furthermore, as part of the efforts to protect cultural heritage of Masyarakat Hukum Adat in remote  areas  (KAT),  the  Ministry  of  Social Affairs has established the KAT Information Centre in 2003, which serves as artefacts centre; KAT Film Centre; KAT Ethnographic Book Centre; KAT Diffusion Data Centre; and Workshop and Seminar Event Centre. Some ministries have also programmes related the preservation and development of Masyarakat Hukum Adat, such as Minister of Public Housing Regulation on Development of Housing in Cultural Heritage Areas; and  Minister of Public Works Regulation on National Strategic Areas.

In the effort to increase measures to preserve linguistic heritage and diversity, the Minister of Home Affairs issued Regulation No. 40 of 2007 on Guidelines for Head of Local Government on Preservation and Development of National Language and Local Languages. Law No. 24 of 2009 on Flag, Language, the State Emblem and Anthem further mandated the Government, to develop, preserve and protect Indonesia’s national language  and local languages. 

[…] In addition, the local government also encourages public schools to teach local language to students as compulsory local subject content.  The Minister of Education and Culture issued Regulation No. 81/A of 2013, that mandates all elementary schools to include local language in the new 2014 curriculum. The Regulation also allows the use of local language as an instruction language for grades 1 to 4 in elementary schools. 

Moreover, the Government has also made efforts to conserve and provide documentations of local languages through research and interviews with  remaining native speakers. The conservation and revitalization efforts are developed on the basis of these studies. 

To ensure the preservation of the endangered local languages, the Language Development Agency has taken steps, among others:  

(a) Documenting the language system by making analysis on the structure of the language, for example by documenting the structure of phonology, morphology, syntax, grammar, and the dictionary. The Government has also been actively compiling Indonesian local language dictionaries. There are at least dictionaries of 71 local languages which have been published, among others: Acehnese; Biaknese; Gorontalonese; Mandarese; and Sasaknese; 

(b)  Inclusion of local languages in school curriculums. In doing so, steps are taken to standardize the language, grammar, formulate dictionaries, develop teaching materials, and training of teachers; 

(c) Revitalizing activities to encourage communities to speak their native language such as holding competitions in storytelling, speech, and poetry reading; 

(d) Researching and Analyzing extinct language and their systems; 

(e) Compiling dictionaries of endangered local languages since 2013 and is expected to be completed by 2015. It is worth mentioning that not only the central government, but also local governments have compiled endangered local languages, such as Jambi Provincial Government which compiled Anak Dalam or Kubu Tribe Dictionary. 

In the effort to support heritage preservation of linguistic diversity, the Government has incorporated tribal identification code and language code in the Population Census to measure the level of extinction of a local language that can be used to set conservation policy priorities. One example is the results of the Population Census of 2010, which has identified 1,300 tribal codes and 1,000 language codes and later used as data research and compilation for the “Local Languages Map of Indonesia”. This ethnic and language codes will be updated every 5 years in the Population Census, which will be conducted in the coming year of 2015.” (Economic and Social Council 17.04.2014, p. 37 f)

Committee on Economic, Social and Cultural Rights hears  from Stakeholders on the Situation in Indonesia

Reference: United Nations, Committee on Economic, Social and Cultural Rights, Committee on Economic, Social and Cultural Rights hears from stakeholders on situation in Ukraine and Indonesia (28 April 2014), available from http://www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=14547&LangID=E.

“[...] On Indonesia, areas of concern raised included violations of the rights of indigenous populations, contested land claims over customary land and forest development policies.  The Government of Indonesia’s efforts to provide nationwide healthcare coverage for all Indonesian people was commended, but challenging areas included lack of facilities and healthcare workers. Non-governmental organizations also drew to the Committee’s attention discrimination faced by domestic workers, gender-based violence suffered by women, and the situation of indigenous peoples in Papua.

[…] A representative of the National Commission on Violence against Women highlighted six key issues. First, women’s loss of their capacity to support themselves due to violence, which forced them to work in unsafe environments, such as plantation labourers, sex workers or entering into unregistered marriages. Second, the 342 discriminatory policies identified in the name of religion and morality in the post-autonomy era. Third, the discrimination faced by women with disabilities, such as polygamy being permitted if a wife was disabled. Fourth, violence and discrimination as a consequence of sexual orientation and gender identity, and stigma suffered by lesbian, gay, bisexual and transgender persons. Fifth, the situation of approximately 1,300 Papuan women who were marginalized, impoverished and suffering various forms of violence was raised. And sixth, exploitation and discrimination suffered by migrant workers, particularly migrant domestic workers. The Government neglected the National Commission’s report on discrimination faced by women by claiming that cases of violence against women, particularly the sexual abuse of women workers, had decreased. However, the number of complaints had actually increased, and any data fluctuation was due to the lack of victims reporting complaints.

[…] Franciscans International, in a joint statement with several other non-governmental organizations, made recommendations to the Government of Indonesia on areas including the rights of indigenous peoples, including the recognition of customary land by law, and implementation of the principle of free, prior and informed consent in a meaningful manner for the development and extractive projects in Papua. The Government was urged to provide awareness-raising programmes and human rights training to women at village levels, and provide shelters and other specialized services to women suffering from all forms of gender-based violence. Disaggregated data on health service statistics in Papua was needed, in order to show existing health inequalities and form a basis for a specific provincial Papuan health strategy. The quality of education in disadvantaged areas, especially rural and mountain areas, had to be improved. Finally, on cultural rights, the Papuan Customary Council should be recognized as a legitimate representative body of the Papuans, the organization said.

[…] The representative of the National Commission on Human Rights replied that there was no statistical data on how many Indonesian people were indigenous. The term ‘indigenous’ did not exist in Indonesian law. It was controversial and not widely used, as the Government had stated that ‘all Indonesians were indigenous’. The term ‘Masyarakat Adat’ was used instead, meaning ‘customary communities’. However, civil society estimated that 25 to 30 per cent of the Indonesian population could be considered indigenous using criteria including lifestyle, such as living on ancestral land, the maintenance of tradition to manage land resources differently from the rest of the population, and some communities had their own systems of economics and governance. A law to protect the rights of those people – known as the Adat communities - was currently being discussed by the Government.” (Committee on Economic, Social and Cultural Rights 28.04.2014)

Considerations of Committee on Economic, Social and Cultural Rights regarding the Report of Indonesia

Reference: United Nations, Department of Public Information, Committee on Economic, Social and Cultural Rights considers report of Indonesia (01 May 2014), available from http://www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=14554&LangID=E.


Response from the Delegation

The delegation spoke about measures being taken to uphold the economic, social and cultural rights of the Masyarakat Hukum Adat (the traditional community) in Papua. Recognition and protection of traditional entitlement to land by Masyarakat Hukum Adat was in principle guaranteed by the Constitution, which stipulated that “the State recognized and respected Masyarakat Hukum Adat along with their traditional customary rights as long as that remained in existence and in accordance with the societal development and the principles of the Unitary State of Indonesia and shall be regulated by law.” The delegate referred to land rights, and compensation paid to traditional communities affected by the development of palm-oil plantations.

The total population of Papua was approximately 3,225,000 million. Today Papua had been developed from just nine regions into 42 regions and cities, located within two provinces (Papua and West Papua). The standard of living of Papuans had dramatically improved from 1999 until 2013, with huge reductions in levels of poverty. Poverty-reduction policies were centred on a welfare approach tied in with accelerated development. The Government also took a social-political approach, a cultural approach and an economic approach, ensuring consultation with the Papuans in drafting policies for its “UP4B” programme. Policies included reducing poverty through education, for instance by increasing the number of schools and teachers, and granting of scholarships for high school and tertiary-level education courses. Improvements in the field of health in Papua included building regional clinics as hubs for health programmes. Infrastructure was being improved to reduce the isolation of some communities, along with the aim of building cooperation between cities in Papua.

A delegate spoke about the culture of the Papuan people. There were 280 ethnic groups and languages. The population sizes of the ethnic groups varied between 1,000 to 10,000 and more. Ethnic groups had different systems of kinship; they lived in the mountains or in coastal regions, and were spread throughout the country. Since the granting of special autonomy in provinces of Papua those ethnic groups were represented in the regional parliament. Members of the People’s Parliament of Papua were directly elected from and by the people of Papua. Every ethnic community was represented, and women and religious leaders were included.

A delegate explained that some forced evictions had taken place in West Papua, in order to construct a reservoir. The land, which was owned by the regional Government, was being returned to its original purpose in order to combat flooding risk. The land had been occupied by people who did not have permission or proof of ownership. As part of its initiative the regional Government met the people concerned to explain its intentions so they could understand and agree with the development, although some people in the community did object. He recalled that some 350 families were moved to low-rent apartments, while the rest returned to their regional hometowns or other places. The land around the reservoir was currently functioning as a flood control, and being made into a recreational site.

Since the United Nations Declaration on the Rights of Indigenous People was adopted in 2007, Indonesia understood that the rights of indigenous people was a legal construct. The Government of Indonesia had been involved in the formulation of the United Nations declaration, and supported it. However, since the colonial era the Government considered that all Indonesians were indigenous people, and therefore the Declaration was not applicable in the context of Indonesia. However, that did not meant its provisions were not useful; the principle on prior and informed consent, for example, was relevant and taken into consideration.

[…] On the subject of education, a delegate spoke about human rights education which was being provided as a priority to relevant bodies, including the police force, child protection officers, other Government officials and the military. A human rights curriculum had been added to their training curriculum. For example, training had been given on handling public demonstrations with a rights-based approach.

[…] The preservation of local languages was ensured through Government decree, and since 2010 some local Governments had a policy in which they were obliged to use a local language for a full working day at least once a week, a delegate informed. Every elementary school was obliged to include local languages in their new 2014 curriculum, which ensured that local languages were the medium of instruction from at least the first to fourth grade.

The national census of 2010 included a question about local languages, and identified 1,300 ethnic codes and more than 1,000 languages in Indonesia. Local governments sought to document local languages through research and interviews with the remaining native speakers. In 2008, the Language Development Agency created a “Local Languages Map of Indonesia” to show the spread and use of local languages, and which languages were endangered, and analyse the reasons for that. The Agency issued public guidance on using endangered languages, and importantly had so far published dictionaries for at least 71 local languages.”

[…] A delegate commented on Government actions to provide education in the provinces of Papua and West Papua. The Government understood the concerns and agreed it was true that the standard of education in those regions was inadequate. Measures taken to improve the quality of education, especially for age groups around nine years old, included the provision of more teachers. In 2012, 400 teachers were additionally assigned to schools in Papua. In 2013, of the 1,960 teachers needed there were only 900 teachers. In response the regional government recruited more short-term contract teachers. More widely, high-school graduates were being encouraged to go into teaching as a profession. The number of illiterate people in Papua was huge, but the Government aimed to get more than 20,000 students into education by 2017.

It was inaccurate that 50 per cent of teachers did not report for school in Papua, a delegate said. He went on to speak about incentives for teachers and ways of encouraging them to work in certain regions.” (Committee on Economic, Social and Cultural Rights 01.05.2014) 

 

Communications from Special Procedures (HRD)

Reference: United Nations, Human Rights Council, Report of the Special Rapporteur on the situation of human rights defenders, Margaret Sekaggya, Addendum, Observations on communications transmitted to Governments and replies received , A/HRC/25/55/ADD.3 (03 March 2014), available from http://undocs.org/A/HRC/25/55/ADD.3.


“JAL 23/09/2013, Case no: IDN 4/2013, State reply: none to date

Alleged arbitrary dispersal and arrests of a total of 71 peaceful protestors in Papua.

Observations

The Special Rapporteur regrets that, at the time of finalising this report, no reply had been received from the Government of Indonesia to the joint allegation letter sent during the reporting period.

The Special Rapporteur expresses concerns about information received on alleged restrictions on the right to freedom of peaceful assembly in Indonesia, including the arbitrary dispersal, arrests and detention of peaceful protestors and the denial of a permit to hold a demonstration. She would like to reiterate her concerns that certain provisions in the Bill on Mass Organisations will hamper the legitimate human rights work of civil society in Indonesia, in particular of foreign societal organisations, which she voiced in the joint press release published on 14 February 2013.The Special Rapporteur would like to reiterate that the State has a duty to protect and to provide a safe and enabling environment for human rights defenders to conduct their work.

The Special Rapporteur regrets that so far no reply has been received in response to her request to visit Indonesia (2012) to enable her to gain a better understanding of the situation of human rights defenders in the country. She expresses her hope that the Government will respond favourably to this request and she remains available to provide guidance and assistance the Government might require.” (Human Rights Council 03.03.2014, p. 30 f)

 

Report of the Special Rapporteur on the Rights to Freedom of Peaceful Assembly and of Association

Reference: United Nations, Human Rights Council, Report of the Special Rapporteur on the rights to freedom of peaceful assembly and of association, Maina Kiai, A/HRC/26/29/ADD.1 (09 June 2014), available from http://undocs.org/A/HRC/26/29/ADD.1.

“JAL 23/09/2013. Case no.IDN 4/2013. State reply: none to date. Alleged arbitrary dispersal and arrests of a total of 71 peaceful protestors in Papua.

Observations

The Special Rapporteur regrets that the Government of Indonesia has not responded to his communication. He considers responses to his communications as an important part of the cooperation of Governments with his mandate, and urges the authorities to provide detailed answers to all the concerns raised in his communications.

The Special Rapporteur remains very concerned about the situation of human rights defenders and political activists in West Papua who exercise their rights to freedom of peaceful assembly and of association. He urges the authorities to protect and facilitate the exercise of their rights, and not unduly interfere with it.

The Special Rapporteur refers to Human Rights Council resolution 24/5, and in particular operative paragraph 1 that “[r]eminds States of their obligation to respect and fully protect the rights of all individuals to assemble peacefully and associate freely, online as well as offline, including in the context of elections, and including persons espousing minority or dissenting views or beliefs, human rights defenders, trade unionists and others, including migrants, seeking to exercise or to promote these rights, and to take all necessary measures to ensure that any restrictions on the free exercise of the rights to freedom of peaceful assembly and of association are in accordance with their obligations under international human rights law”.

The Special Rapporteur reminds again the Government of Indonesia of his country visit requests sent in September 2011 and October 2013, to which a response is yet to be received. In this connection, OP6 of resolution 15/21 states that the “Human Rights Council... [c]alls upon States to cooperate fully with and assist the Special Rapporteur in the performance of his or her tasks... and to consider favourably his or her requests for visits”. (Human Rights Council 09.06.2014, p. 34 f)

 

Press Briefing on recent killings in Indonesia / Papua

Reference: United Nations, Department of Public Information, Press briefing notes on Thailand / land rights defenders, Indonesia / Papua killings and Human Rights Day: #Rights365, (09 December 2014), http://www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=15394&LangID=E

Indonesia / Papua killings
 
We are alarmed at the reported killing of five Papuan teenagers in the highlands region of Paniai in Indonesia yesterday. While the exact circumstances are unclear as there are conflicting accounts of the events leading up to the killings. reportedly, a group of young people gathered outside a police station in the town of Enarotali yesterday to protest against the beating of a local boy by security forces on Sunday night. The police then reportedly opened fire and five teenage boys were killed. A number of other people were injured.
 
We have been concerned about regular reports of violence in Papua in the last few years and we urge the authorities to facilitate an independent and thorough investigation into yesterday’s incident. We will continue to engage with the new Government of Indonesia on this issue of concern.” (High Commissioner on Human Rights 09.12.2014)  

 

2013

1st Review by the UN Human Rights Committee (CCPR)

Reference: United Nations, Human Rights Committee, Concluding observations on the initial report of Indonesia, Addendum, Information received from Indonesia on follow-up to the concluding observations, CCPR/C/IDN/CO/ADD.1 (01 May 2015), available from http://undocs.org/CCPR/C/IDN/CO/ADD.1.

“Medical officers, including health professionals association and medical schools, are the major target for dissemination of the Minister of Health Regulation. Dissemination programs have been conducted for managers of reproductive (mother and child) health programs and of provincial hospitals in 8 provinces, namely Jambi, Lampung, West Java, East Nusa Tenggara, Central Sulawesi, Southeast Sulawesi, West Papua and Papua."(Human Rights Committee 01.05.2015, p.4)

 

Press Release: Human Rights Committee considers Initial Report of Indonesia

Reference: United Nations, Department of Public Information, Human Rights Committee considers Initial report of Indonesia (11 July 2013), available from http://www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=13531&LangID=E.


“Report of Indonesia

The second periodic report of Indonesia on its implementation of the provisions of the International Covenant on Civil and Political Rights can be read here: (CCPR/C/IDN/1).

Presentation of the report

[...] Committee Experts requested clarification regarding the declaration made by Indonesia upon its signature of the Convention, concerning limitations to the right of self-determination. The Covenant had to be implemented in all regions, regardless of their autonomy, and the Government was bound to ensure that all provisions of the Covenant were fully implemented, even in regions where by-laws were in contradiction with some provisions of the Covenant. The judiciary had to be trained in order to be made fully aware of the provisions of the Covenant, which had to be interpreted in line with the Committee’s recommendations. Experts noted that serious violations of human rights had to be investigated and that perpetrators had to be duly prosecuted.

[…] Freedom of expression, association and peaceful assembly was guaranteed by the legal system. Independent mechanisms had been established to ensure that the freedom of the press was exercised in a responsible manner, such as the independent commission on broadcasting and the commission on information. The important role played by civil society, including the media, in promoting and protecting human rights was fully recognized. Efforts were made to ensure that the rule of law was upheld.

[…] The Criminal Code and the Code of Criminal Procedure were being modernised. Draft laws, including a definition of torture in accordance with the Convention against Torture, had been submitted to the Parliament in 2012 and covered issues that were not regulated by the current Criminal Code.

[…] Allegations of acts of torture were thoroughly investigated and duly processed in accordance with the law. Preventive measures were in place, such as monitoring mechanisms, and in this context 176 correctional officers had received minor to severe disciplinary punishments. Steps had been taken to prevent instances of ill-treatment of detainees, specifically during the pre-trial detention. Suspects had the right to be accompanied by a lawyer during interrogations, which were filmed most of the time. The reform of correctional facilities continued, including through capacity building measures for wardens and prison officials, and respect for human rights was an integral part of their standard operational procedures.

[…] Questions by Experts

[…] Were ordinary crimes committed by members of the armed forces judged by military courts? The Committee had been told that military courts lacked independence and transparency.

[…] What measures had been taken to respond to allegations about the widespread practice of torture and ill-treatment of detainees and poor conditions in prisons?

[...]What measures had been taken to investigate the excessive use of force during protests in Papua in 2011, during which several protesters were killed by the police? What recommendations had the National Commission on Human Rights made in this regard? Seventy extrajudicial killings had recently taken place in Papua but no perpetrators had been prosecuted. Impunity had become a structural problem in Indonesia. Criminal prosecutions and sanctions were appropriate measures to combat police violence and had to be implemented. What had been the impact of the Code of Conduct for officers of correctional facilities so far and what was the mandate of the Ombudsman with regards to correction facilities?

[…] Experts requested clarification regarding the declaration made by Indonesia upon its signature of the Convention concerning limitations to the right of self-determination. What was the exact scope of the reservations? The Covenant had to be implemented in all regions, regardless of their autonomy, and the Government was bound to ensure that all provisions of the Covenant were fully implemented, even in regions where by-laws were in contradiction with some provisions of the Covenant.

[…] Response by the Delegation

[…] Due process was guaranteed to all victims of gross violations of human rights perpetrated by military officers in the past. The question concerning the trial of military officers by military courts was under discussion before the Parliament and laws on military courts were presently under discussion. All decisions made by military courts could be examined by the Supreme Court and, in addition, the proceedings of military courts were carried out in public, which enhanced their transparency.

[…] The Attorney General’s Office had addressed three cases of gross violations of human rights; and all perpetrators had been freed by the judges given that these violations were not part of a widespread attack against civilians. Without blaming the decisions of the court, the delegation noted that different institutions had different views on security issues. It had been agreed that the National Commission on Human Rights would meet with the Attorney General’s Office to reconcile their views on these sensitive cases.

[…] The interpretative declaration made by Indonesia regarding Article 1 of the Covenant referred to principles of international law related to territorial integrity and the political unity of sovereign States.

[…] Questions by Experts

[…] NGOs had reported the existence of political prisoners and acts of intimidation against human rights activists and journalists in West-Papua. What measures had been taken to guarantee freedom of expression in this area?

[…] Response by the Delegation

[…] The Constitution guaranteed freedom of expression to all citizens. In the case of Papua, numerous protests had highlighted concerns about the situation in the region. Freedom of expression could not be used to infringe on the rights of others. The denial of historical facts and the defamation of State officials were not allowed. It was crucial to maintain the sovereignty and territorial integrity of Indonesia. The delegation mentioned several specific cases in which the prevailing laws had been applied to individuals who had participated in seditious activities.” (Human Rights Committee 11.07.2013)

 

CPR List of Issues of the 2013 Indonesia CCPR Review

Reference: United Nations, Human Rights Committee, List of issues in relation to the initial report of Indonesia (CCPR/C/IDN/1), adopted by the Committee at its 107th session (11–28 March 2013), CCPR/C/IDN/Q/1 (29 April 2013), available from http://undocs.org/CCPR/C/IDN/Q/1.

Right to life (art. 6)
 
Please respond to allegations that security personnel in the State party killed alleged criminals and terrorist suspects in the course of apprehending them in 2011.Please also respond to reports that as a result of excessive use of force during protests on 19 October 2011 in  Jayapura, Papua, and on 24 December 2011 on Buma Island and West Nusa Tenggara, the police killed several protesters. What measures have been   taken to investigate these incidents as recommended by Komnas HAM?” (Human Rights Committee 29.04.2013, p. 2)

“Prohibition of torture and cruel, inhuman or degrading treatment; liberty and security of person, treatment of persons deprived of their liberty, independence of the judiciary and fair trial (arts. 7, 9, 10 and 14)
 
Please provide an update on specific steps taken to revise the current Criminal Code so that it prohibits torture and includes a definition of torture that complies with article 7 of the Covenant and article 1 of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment. Please provide information on the measures taken to combat the alleged widespread torture and ill-treatment of detainees, and to address poor conditions in prisons that are allegedly exacerbated by overcrowding, because most prisons and detention facilities operate at almost double capacity.
 
Please provide information on steps taken to grant access to prisons and detention facilities by independent monitoring bodies, following the Government’s refusal in 2009 to grant access to the International Committee of the Red Cross (ICRC) to inspect prisons and detention facilities in the State party. Please respond to allegations that the State party requested the ICRC to close its field offices in Aceh and Papua provinces. Please confirm whether an independent monitoring mechanism has been designated to monitor imprisonment and detention conditions  and the situation of prisoners and detainees, with powers to conduct unannounced visits. Please explain the mandate of the Ombudsman for Correctional Facilities.

Please respond to allegations that torture and ill-treatment of detainees is widespread, especially at the moment of apprehension and during  pretrial detention, and that it is mostly used to extract confessions. What measures have been put in place to ensure that evidence obtained  under torture is inadmissible and excluded in court? Please provide data on the activities of the Internal Affairs Division and the National  Police Commission which are mandated to investigate complaints against police officers. Specifically, please provide data on: (a) the number of complaints received against police officers; (b) investigations carried out; (c) prosecutions, convictions and types of penalties imposed; and ( d) compensation awarded to the victims of torture or ill-treatment.“ (Human Rights Committee 29.04.2013, p. 3)

“Please respond to reports that the law permits the police to detain accused persons for an initial period of 20 days, which can be extended to 60 days, and that prosecutors may further detain a suspect for a further 30 days and can only seek an extension from the courts if they intend  to extend the detention for a further 20 days. Please state how this is compatible with the Covenant.
 
Please state the measures taken by the State party to ensure that suspects have access to lawyers and legal aid. Please respond to reports of corruption in the provision of legal aid services, including an allegation that the speed of cases funded under the legal aid scheme depends on the payment of a bribe. (Human Rights Committee 29.04.2013, p. 4)

“Please respond to allegations of forcible evictions in rural areas, particularly those located close to extractive industries and plantations. Please provide information on the conduct of the evictions, alternative housing provided, and how these evictions affect the right to privacy of evictees.” (Human Rights Committee 29.04.2013, p. 4)
 

Concluding CCPR Observations on the Initial Report of Indonesia 

Reference: United Nations, Human Rights Committee, Concluding observations on the initial report of Indonesia, CCPR/C/IDN/CO/1 (21 August 2013), available from http://undocs.org/CCPR/C/IDN/CO/1.

“The Committee regrets the failure by the State party to implement article 43 of Law 26 of 2000 in order to establish a court to investigate cases of enforced disappearance committed between 1997 and 1998 as also recommended by Komnas HAM and the Indonesian Parliament. The Committee particularly regrets the impasse between the Attorney General and Komnas HAM with regard to the threshold of evidence that should be satisfied by Komnas HAM before the Attorney General can take action. The Committee further regrets the prevailing climate of impunity and lack of redress for victims of past human rights violations, particularly those involving the military (art. 2)
 
The State party should, as a matter of urgency, address the impasse between Komnas HAM and the Attorney General. It should expedite the establishment of a court to investigate cases of enforced disappearance committed between 1997 and 1998 as recommended by Komnas HAM and the Indonesian Parliament. Furthermore, the State party should effectively prosecute cases involving past human rights violations, such as the murder of prominent human rights defender Munir Said Thalib on 7 September 2004, and provide adequate redress to victims or members of their families.” (Human Rights Committee 21.08.2013, p. 3)


“While taking note of the existence of a bill on the Penal Code that seeks to provide for a comprehensive definition of torture and attendant penalties, the Committee is concerned at the inordinate delay in its enactment, leaving victims of acts of torture without adequate remedies (arts. 2 and 7).
 
The State party should expedite the process of the enactment of a revised Penal Code. It should ensure that the revised Penal Code includes a definition of torture that covers all of the elements contained in article 1 of the Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment and article 7 of the Covenant. The State party should also ensure that the law adequately provides for the effective investigation and prosecution of perpetrators of such acts and their accomplices; that, if convicted, perpetrators and their accomplices are punished with sanctions commensurate with the seriousness of the crime; and that victims are adequately compensated. Furthermore, the State party should ensure that law enforcement personnel receive training on prevention and investigation of torture and ill-treatment by integrating the Manual on the Effective Investigation and Documentation of Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (Istanbul Protocol) into all their training programmes.” (Human Rights Committee 21.08.2013, p. 5)


“The Committee is concerned at increased reports of excessive use of force and extrajudicial killings by the police and the military during protests, particularly in West Papua, Bima and West Nusa Tenggara. The Committee is particularly concerned at reports that the State party uses its security apparatus to punish political dissidents and human rights defenders. The Committee is also concerned that the National Police Commission, which is mandated to receive public complaints against law enforcement personnel, is weak as it has neither powers to summon law enforcement personnel nor the mandate to conduct independent investigations (arts. 6 and 7).

The State party should take concrete steps to prevent the excessive use of force by law enforcement officers by ensuring that they comply with the Basic Principles on the Use of Force and Firearms by Law Enforcement Officials. It should also take appropriate measures to strengthen the National Police Commission to ensure that it can effectively deal with reported cases of alleged misconduct by law enforcement personnel. Furthermore, the State party should take practical steps to put an end to impunity for its security personnel regarding arbitrary and extrajudicial killings, and should take appropriate measures to protect the rights of political dissidents and human rights defenders. The State party should systematically and effectively investigate and prosecute cases of extrajudicial killings and, in the event of a conviction, punish those responsible, and provide adequate compensation to the victims’ families.” (Human Rights Committee 21.08.2013, p. 5)


“The Committee is concerned that under the Criminal Procedure Code a detained person may be held in police custody for a period up to 20 days, without being brought before a judge, which period might be extended up to 60 days and even longer for suspects of terrorism. While appreciating that the State party is in the process of revising the Criminal Procedure Code and taking into account the additional information provided by the State party’s delegation, the Committee is concerned that the new bill only proposes a reduction of the period of detention from 20 days to 5 days (art. 9).

The Committee encourages the State party to ensure that the Criminal Procedure Code be revised in order to provide that anyone arrested or detained on a criminal charge is brought before a judge within 48 hours.” (Human Rights Committee 21.08.2013, p. 6)


“The Committee expresses its concern over the recently adopted Law on mass organizations, which introduces undue restrictions on the freedoms of association, expression and religion of both domestic and “foreign” associations. The Committee is particularly concerned at the provisions in the law that introduced onerous requirements for registration, and the vague and overly restrictive requirements that such associations should be in line with the State’s official philosophy of Pancasila, which propagates the belief “in the One and Only God” (arts. 18, 19 and 22).

The Committee urges the State party to review the Law on mass organizations to ensure that it is in compliance with the provisions of articles 18, 19 and 22 of the Covenant as expounded by the Committee in its general comments No. 22 (1993) on the right to freedom of thought, conscience and religion and No. 34 (2011) on the freedoms of opinion and expression.” (Human Rights Committee 21.08.2013, p. 7)


“While noting that, unlike in other provinces in the State party, protesters in Papua are not required to obtain a permit from the police before holding demonstrations, the Committee remains concerned at undue restrictions of the freedom of assembly and expression by protesters in West Papua (arts. 19 and 21).

In line with the Committee’s general comment No. 34, the State party should take the necessary steps to ensure that any restrictions to the freedom of expression comply fully with the strict requirements of article 19, paragraph 3, of the Covenant, as further clarified in general comment No. 34. The State party should ensure the enjoyment by all of the freedom of peaceful assembly and protect protesters from harassment, intimidation and violence. The State party should consistently investigate such cases and prosecute those responsible.” (Human Rights Committee 21.08.2013, p. 8f)

2012

Universal Periodic Review - 2nd Cycle

Reference: United Nations, Human Rights Council, Report of the Working Group on the Universal Periodic Review Indonesia, A/HRC/21/7 (05 July 2012), available from undocs.org/A/HRC/21/7.


“Switzerland expressed concern about acts of intolerance and discrimination perpetrated against religious and ethnical minorities or against people for their sexual orientation or gender identity. It remained concerned by cases of abuse of prisoners, in particular those that had occurred in Western Papua and Papua provinces in 2010. Switzerland made recommendations.” (Human Rights Council 05.07.2012: p. 6)

“The United Kingdom of Great Britain and Northern Ireland welcomed Indonesia’s ratification of the CRPD and efforts to address challenges in Papua and West Papua, where it noted an increase in violence. It noted the occurrence of friction between religious groups and attacks against minorities and encouraged Indonesia to tackle violence against minority faiths and accept visit requests by Special Rapporteurs. It made recommendations.”  (Human Rights Council 05.07.2012: p. 7)

“The United States of America commended Indonesia’s pursuit to promote prosperity and address grievances in the Papuan provinces though it remained concerned about allegations of abuses. It voiced concern about the failures to create and enforce a framework of accountability for abuses by the military and police and to protect certain religious minorities. It made recommendations." (Human Rights Council 05.07.2012: p. 7f)

“France remained concerned by the acts of violence committed by the police against human rights defenders. It deplored the violations of human rights against persons belonging to religious minorities, in particular against Ahmadis and the Papuan community. France made recommendations." (Human Rights Council 05.07.2012: p. 10)

"Germany asked Indonesia whether it intended to release Filep Karma and other political detainees. Regarding the conflict in the Papua provinces, it valued the efforts made to resolve the conflict through dialogue, but noted that serious human rights violations remained to be addressed. Germany made recommendations." (Human Rights Council 05.07.2012: p. 10)

“Italy commended Indonesia’s commitment to promoting interfaith dialogue but expressed concern about reported violence against religious minorities. Italy asked Indonesia to provide an update on the implementation of the 2001 special law granting autonomy to the region of West Papua. It made a recommendation.” (Human Rights Council 05.07.2012: p. 11)

“Japan welcomed President Yudhoyono’s plan to offer an apology for past human rights violations during the Suharto era. It encouraged Indonesia to make full use of the Principles and Guidelines for the Elimination of Discrimination against Persons Affected by Leprosy and Their Family Members. Japan voiced concern at reported human rights violations in Papua. Japan made recommendations.” (Human Rights Council 05.07.2012: p. 11)

“New Zealand was encouraged by Indonesia’s establishment of the Unit for the Acceleration of Development in Papua and West Papua and the intended change from a “security approach” to a “welfare and justice approach” for Papuans. It thanked Indonesia for information on the progress made in ratifying OPCAT and the Rome Statute. It made recommendations.” (Human Rights Council 05.07.2012: p. 12)

“Norway expressed concern about reports of harassment and discrimination of religious minorities and non-believers in Indonesia. It noted that some human rights defenders experience challenges in operating freely in the Papua provinces. Norway made recommendations.” (Human Rights Council 05.07.2012: p. 13)

“Responding to observations made, the delegation referred to the situation in the provinces of Papua and West Papua. In order to optimize the implementation of Special Autonomy and expedite the development in Papua as well as West Papua, the Government has established the Special Unit for the Acceleration of Development in Papua and West Papua, through Presidential Decrees No. 65/2011 and No. 66/2011. This special Unit has formulated several quick programmes related to the enhancement of food security, poverty eradication, community-based economic development, education, health, and basic infrastructures. The Government continues to be committed to implement and optimize the special autonomy for the two provinces and to pursue the welfare and development approach in the two provinces. Responding to the comment raised on a reported general climate of impunity, the delegation explained that, unlike the past, members of the police and TNI who committed excesses in carrying out their responsibilities to maintain law and order have been held accountable and brought before the relevant courts. The delegation underscored the fact that the Government is keen to ensure that no cases or excesses occur on the part of the military or police in the carrying out of their responsibilities to maintain law and order in the two provinces." (Human Rights Council 05.07.2012: p. 13)

"The  recommendations  formulated  during  the  interactive  dialogue and listed below enjoy the support of Indonesia:" (Human Rights Council 05.07.2012: p. 14)

"Complete the process of ratifying international human rights instruments which have not yet been ratified, including CPED and the two Protocols to CRC (Iraq);

In conformity with the third Action Plan on Human Rights, continue to consider ratifying the Rome Statute, OP-CAT and CPED (Chile);

Ratify the CPED, OP-CAT and the Rome Statue of the ICC (Austria);

Ratify the Optional Protocol to the Convention on the Rights of the Child, OP-CAT, and the Rome Statute of the ICC, at the earliest opportunity (Slovenia);

Ratify the OP-CAT as well as the Rome Statute of the International Criminal Court, and to incorporate their provisions into domestic law (Sweden);

Ratify the OP-CAT as well as the Rome Statute as foreseen in the National Human Rights Action Plan 2011-2014 (Switzerland);

Ratify the Rome Statute of the ICC and the OP-CAT (United Kingdom of Great Britain and Northern Ireland);

Ratify OP-CAT (Turkey);

Ratify OP-CAT (Maldives);

Ratify and implement the following international instruments: CPED and OP-CAT (Ecuador);

Ratify CPED (Spain);

Continue the efforts to ratify CPED (Argentina);

Ratify as soon as possible CPED and fully incorporate its provisions in the national legislation (Mexico);

Continue its efforts to put in place the conditions for the eventual ratification of the International Convention on the Protection of all Persons from Enforced Disappearance (CPED) (Timor-Leste);

Consider ratifying the CPED as foreseen in the National Human Rights Action Plan, and accelerate the ratification of the ICRMW and the implementation of its provisions (Morocco);" (Human Rights Council 05.07.2012: p. 14)

"Ratify the Rome Statute of the International Criminal Court,including its Agreement on Privileges and Immunities (Slovakia);

Ratify the Rome Statute of the ICC to be a front runner again within ASEAN (Germany);

Accede to the Rome Statute as amended at the Review Conference in Kampala in 2010 and align its national legislation with the obligations under the Rome Statute, the definition of crimes and principles, including the crime of aggression (Liechtenstein);

Ratify the Rome Statute of the International Criminal Court (Australia);

Follow-up on the commitment made in the National Human Rights Action Plan to ratify the Rome Statute of the International Criminal Court, and align its national legislation with the provisions of the Court’s Statute (Hungary);

Ratify the Rome Statute of the ICC and to fully align its national legislation with all obligations under the Rome Statue, including incorporating the Rome Statute definition of crimes and general principles, as well as adopting provisions enabling cooperation with the Court (Latvia);

Criminalize torture in its penal code and ratify OP-CAT (France);

Amend the Criminal Code to adopt a definition of torture as a criminal offense, as well as the Law of Criminal Procedure to make it punishable (Spain);

Specifically criminalize torture in your criminal code and ensure that security officials are held accountable for torture and other human rights abuses (United States of America);

Adopt, as a matter of priority, legislation to criminalize torture in line
with article 1 of CAT (New Zealand)" (Human Rights Council 05.07.2012: p. 15)

“Implement comprehensive human rights training, with regular reviews to ensure effectiveness, for all military and police personnel, including those working in the Papua and West Papua provinces (New Zealand);” (Human Rights Council 05.07.2012: p. 16)

"Facilitate the visits of the Special Rapporteur on Adequate Housing and on Health, as well as requests for visits by others, including the Special Rapporteur on Freedom of Expression (Republic of Korea)" (Human Rights Council 05.07.2012: p. 17)

"Accelerate efforts for early enactment of the draft new bill which includes the definition of torture consistent with CAT (Republic of Korea);

Effectively take steps to prevent torture including through ratification of the OP-CAT at its earlier opportunity and through the establishment of a comprehensive system of independent monitoring and inspection of all places of detention without delay, regardless of the status of OP-CAT ratification (Denmark)" (Human Rights Council 05.07.2012: p. 17)

Ensure prompt, comprehensive, and effective investigations into credible allegations of human rights violations by members of the security forces, and examine options for establishing an independent review mechanism with the ability to recommend prosecutions (Australia);

"Take measures to guarantee accountability by ensuring that human rights violations, including abuses committed by Indonesian security forces are investigated and that those deemed responsible are prosecuted in a fair prompt and impartial manner (Canada)" (Human Rights Council 05.07.2012: p. 19)

"Hold accountable officials of all ranks responsible for human rights violations in the Papua provinces (Germany)" (Human Rights Council 05.07.2012: p. 19)

"Review laws and decrees currently in force restricting the freedoms of religion, opinion, and of expression, in order to prevent any risk of discrimination (Switzerland)" (Human Rights Council 05.07.2012: p. 20)

“Ensure free access for civil society and national journalists to Papua and West Papua (France);

Enhance efforts to provide adequate protection to human rights defenders and to improve the human rights situations of ethnic and religious groups in certain regions, including Papua (Republic of Korea);

Ensure that provisions of the Indonesian Criminal Code, such as articles 106 and 110 are not misused to restrict the freedom of speech (Germany);

Continue efforts to fully guarantee the protection and independence of human rights defenders (Greece)

Ensure a safe and enabling environment for all human rights defenders (Norway);

Conduct impartial and independent investigations into acts of violence committed against human rights defenders, to bring those responsible to justice and fully guarantee freedom of expression (France)” (Human Rights Council 05.07.2012: p. 21)

"Strengthen the promotion of the right to education and health in disadvantaged areas (Senegal);

Continue to develop education policies aimed at ensuring access to education for all, especially the poor and those living in rural areas (South Africa)" (Human Rights Council 05.07.2012: p. 21)

"Consider ratifying ILO Convention N° 169 (Norway)" (Human Rights Council 05.07.2012: p. 23)

"Continue to increase human rights transparency by improving the access of local and international media organisations, engagement with the Office of the High Commissioner for Human Rights, the International Committee of the Red Cross and other relevant international organizations throughout Indonesia (Australia)

Immediately grant access to the delegates of ICRC to the Papua provinces in order for them to fulfil their mandate (Germany);

Step up its cooperation with special procedures mandate holders by responding positively to the pending visit requests of special procedures mandate holders and eventually consider extending a standing invitation to all special procedure mandates holders of the Human Rights Council (Latvia);

Issue a standing invitation to all UN Special Procedures (Austria);

Issue a standing invitation to the Special Procedures (Maldives);

Consider extending an open and standing invitation to the Special Procedures (Chile);

Extend an invitation to the Working Group on enforced or involuntary disappearances; Independent Expert on minority issues; Special Rapporteur on the right to food; and the Special Rapporteur on the rights of indigenous peoples in order that they visit Indonesia, particularly Papua (Mexico);

Consider extending a standing invitation to all Special Procedures (Republic of Korea)"(Human Rights Council 05.07.2012: p. 23)

“Halt immediately reported human rights violations by military and police officers and a general climate of impunity in Papua (Japan);” (Human Rights Council 05.07.2012: p. 24)

“Ensure free access for foreign journalists to Papua and West Papua (France);”  (Human Rights Council 05.07.2012: p. 24)

“Take steps, particularly in Papua, to increase protection for human rights defenders against stigmatization, intimidation and attacks and to ensure respect for freedom of expression and peaceful protest, including through a review of regulations that can be used to restrict political expression, in particular article 106 and 110 of the criminal code, and the release of those detained solely for peaceful political activities (Canada);" (Human Rights Council 05.07.2012: p. 24)

 

2011

Information on the Implementation of Articles 1 to 16 of the Conventionagainst Torture (CAT) in Indonesia

Reference: United Nations, Committee Against Torture, List of issues prior to the submission of the third periodic report of Indonesia (CAT/C/IDN/3), Specific information on the implementation of articles 1 to 16 of the Convention, including with regard to the Committee’s previous recommendations, CAT/C/IDN/Q/3 (15 February 2011), available from http://undocs.org/CAT/C/IDN/Q/3.

"There is reportedly still widespread impunity for members of the security forces responsible for serious violations of human rights, including torture, throughout the country and particularly in Papua, Aceh, the Malukus and Kalimantan. It is also reported that none of the existing  mechanisms has either the mandate or the independence to hold police officers accountable for human rights violations. Please provide the Committee with statistical information, disaggregated by crime committed, region and rank, on the number of allegations or complaints of torture or ill-treatment at the hands of members of the security forces that have led to investigations, prosecutions, and convictions, if any, on any grounds, as well as information on the punishments provided for in the case of persons found guilty of torture or any other offence related to such allegations and their current fates." (Committee Against Torture 15.02.2011, p. 2 f)  
 
In light of the Committee’s previous concluding observations (para.  21), please provide information on measures taken to prevent harassment and violence against human rights defenders, in particular with regard to the reported criminalization of their activities, alleged stigmatization of them as separatists (Aceh and West Papua), and other forms of intimidation and restrictions on freedom of expression and assembly. Please provide information on: 
 
(a) Steps taken to ensure that all persons, including those monitoring human rights, are protected from any intimidation, unjust imprisonment  or violence as a result of their activities as well as the prompt, impartial and effective investigation of such acts. Please comment on reports of widespread impunity for violations committed against human rights activists.[...]
 
(b) Specific legal framework recognizing the existence of human rights defenders and their role in the promotion and protection of human rights. Does the State party envisage amending or repealing all provisions of its Criminal Code that have been used to imprison individuals for their peaceful activities in conformity with international standards? Please provide the number of prisoners sentenced under articles 106, 110, 160, 310 and 335 of the Criminal Code.
 
The status of draft laws, which would reportedly hamper the work of human rights defenders, including the amended Law on Mass Organizations, the draft Law on Reserve Forces for State Defense (KCPN) and the draft State Secret Law." (Committee Against Torture 15.02.2011, p. 4 f)
 
"In addition, please provide the Committee with information on the steps taken to support and protect the work of human rights defenders at the provincial and local level as well as in regions with special autonomy. Please comment on the concerns about the situation of human rights defenders in the West Papua province." (Committee Against Torture 15.02.2011, p. 5)

 

2010

under construction

2009

under construction

2008

Universal Periodic Review - 1st cycle

Reference: United Nations, Human Rights Council, Report of the Working Group on the Universal Periodic Review Indonesia, A/HRC/8/23 (14 May 2008), available from undocs.org/A/HRC/8/23

“Germany commended Indonesia on its NHRAP (2004-2009) noting that it can be a platform to address shortcomings in a systematic and transparent manner, and requested information on provisions to end impunity and to guarantee effective prosecution of human rights violations. It requested information on (a) how the issue of the crime of torture is addressed in the draft Criminal Code; (b) what progress has been made with respect to upgrading CRC ratification and the ratification of its two optional protocols; (b) concrete measures envisaged to guarantee effective habeas corpus, and especially to grant detainees access to legal counsel and medical care; and (d) how violence against women is treated in the Criminal Code. Germany further noted that according to several special procedures mandate holders, the human rights situation in Papua and the situation of those who raise issues of human rights violations are issues of concern. It asked which measures Indonesia intends to take, including at the local level, to address the situation in Papua and to address also the underlying causes such as poverty and the high rate of unemployment. Germany also asked what measures can be taken by the authorities to protect human rights defenders who are threatened for their activities and if there are any plans to appoint a special contact person for human rights defenders at the provincial level.” (Human Rights Council 14.05.2008: p. 10)

“Canada noted some of the positive steps taken, including Indonesia’s commitment to ratify this year key human rights instruments such as the Rome Statute for the International Criminal Court. Canada also noted that as is the case of all countries, additional efforts are needed to improve the human rights situation in Indonesia, especially in regions where recent or ongoing political tensions are manifest, such as Papua. It requested information on how Indonesia will ensure that labelling of individuals as separatists in these areas is not used to suppress legitimate democratic activity by civil society, including peaceful public protests and criticism. Canada referred to the need to raise awareness of the role of human rights defenders and of the responsibility of the security forces to protect them. In this regard, it recommended that Indonesia provide additional human rights training to security forces and encouraged it to take concrete steps to improve respect for the rule of law and to punish those responsible for abuses and violations. Canada also recommended that additional specific measures be taken to ensure that the rights of those belonging to minority groups are protected, including from abuses committed by non-State actors. It also enquired about the measures Indonesia plans to take to ensure that perpetrators of such abuses are brought to justice and on avenues of redress available to victims. While noting that Canada has provided concrete support to Indonesia’s efforts to reform governance through decentralization, it asked what measures Indonesia plans to take to ensure that local authorities do not contravene national and international human rights law. Canada also noted that, as a troika member, they would like to underline the very constructive dialogue it had had with Indonesia in the context of the review.”  (Human Rights Council 14.05.2008: p. 11)

“In response to questions asked, Indonesia noted that a number of delegations made many valuable suggestions with regard to the protection of women, the protection of children, which they appreciate and will consider seriously as they continue to make progress in these areas. The suggestion for a bilateral dialogue is appreciated and welcomed. On the situation in Papua, it considers this question as one of support to Indonesia’ efforts to improve the welfare of Papuans and the people of Indonesia. A member of the delegation, who is a representative of the local government of Papua and a Papuan himself, noted that the development process in Papua is centred around the Papuans themselves. Economic and health assistance were provided and efforts are made to combat poverty and promote employment, and achievements are made with the participation of the people. He noted that in addressing the human rights violence in Papua, many capacity-building and other programmes have been implemented throughout the region, including training for the communities to understand their rights.” (Human Rights Council 14.05.2008: p. 11)

“The United Kingdom welcomed the substantial progress Indonesia continues to make on human rights, noting that since 1998, the overall human rights situation has improved significantly. The United Kingdom noted the increasing openness to international scrutiny, as evidenced by the visits to the country of the Special Representative of the Secretary-General on the situation of human rights defenders in June 2007 and the Special Rapporteur on the question of torture in November 2007, at the invitation of the Indonesian Government. It also welcomed the improvement in the human rights situation in Aceh since the 2005 Peace Agreement, as noted by the Special Representative of the Secretary-General on the situation of human rights defenders. However, many challenges remain, particularly in Papua. It also noted the concerns raised by the above-mentioned special procedures following their visits, including violations suffered by human rights defenders and police abuse of detainees in custody in various parts of Indonesia. The United Kingdom requested information on how Indonesia intended to take forward the recommendations on human rights defenders and to respond to concerns raised by the Special Rapporteur on the question on torture, including police abuse of detainees in custody and serious overcrowding of prisons. It welcomed the expressed intention to strengthen efforts to ratify the Optional Protocol to the Convention against Torture (OP-CAT) and recommended that Indonesia ratify it at the earliest opportunity. It welcomed information provided on the involvement of civil society in the preparation of Indonesia’s national report for the Universal Periodic Review and recommended that civil society also be fully involved in the follow-up to this session.”  (Human Rights Council 14.05.2008: p. 11f)

“The Netherlands also acknowledged that much had been achieved by Indonesia in the area of human rights, noting that as a developing country, Indonesia paid much attention to education and children’s and women’s rights. It also noted with appreciation the additional information on political and civil rights provided in the national report and in its oral presentation. Regarding the cultural and ethnic diversity of the country, it asked how Indonesia will protect human rights defenders in Papua and on how it prevents discrimination against ethnic and other minorities. It also recommended the lifting of reservations to a number of human rights treaties, and asked that OP-CAT be ratified at Indonesia’s earliest possible convenience. It further welcomed Indonesia’s efforts to bring its national legislation in line with its international obligations and would recommend the inclusion of the prohibition of torture in its Criminal Code.” (Human Rights Council 14.05.2008: p. 12)

“The Republic of Korea welcomed all measures taken by Indonesia to enhance the enjoyment of human rights in the country, as well as the preparation and implementation of the Second National Action Plan (2004-2009). It also noted positive developments in the area of civil and political rights, including freedom of opinion, freedom of religion, political freedoms such as the freedom of election, and the growth of civil society that enables a stronger involvement of NGOs in the policy-making process. While noting the quality of the national report, the Republic of Korea also noted that recent developments and challenges of economic, social and cultural rights were not properly included as an independent part of the national report, as prescribed by the guidelines. While welcoming the explanation given by Indonesia regarding recent initiatives to revise criminal law it asked if Indonesia had a specific plan to include torture as a crime in the Criminal Code. It also asked if the Government has any concrete plan to strengthen measures to better protect the human rights of indigenous people, in particular in the process of exploitation of natural resources.” (Human Rights Council 14.05.2008: p. 12)

“The United States of America referred to the use of civil and criminal defamation laws and tools for silencing dissenting voices and noted the vital role of the news media in creating broad awareness of political, economic and social issues, and asked what plans there are, if any, to amend the defamation laws. It also referred to reports of arrest and detention of peaceful political activists and asked what is being done to uphold the rights of such activists.” (Human Rights Council 14.05.2008: p. 12f)

“In response to questions, Indonesia noted the many valuable suggestions, recommendations and acknowledgements of achievements by previous speakers. With regard to cooperation with special procedures, Indonesia had invited a number of special procedures and while it cannot confirm now which other special procedures will be invited in the future, it noted that based on previous practice, and with a spirit of maintaining a constructive dialogue and with a view to reinforcing the protection and promotion of human rights in the country, Indonesia could extend other invitations in the future. Indonesia noted the importance of the recommendation to include the definition of torture in its legislation, and indicated that it has already included it in the bill of the Criminal Code currently under review.” (Human Rights Council 14.05.2008: p. 13)

“France asked if Indonesia envisages signing the International Convention for the Protection of All Persons from Enforced Disappearance and in this regard, what difficulties they would confront to sign and ratify this Convention. It requested information on measures taken to investigate reported cases of intimidation and ill-treatment against human rights defenders and to bring those responsible to justice. It asked that not only law enforcement, but also judges and prosecutors should be sensitized, and requested information on measures taken or envisaged to investigate alleged torture and ill-treatment by law enforcement officials, and to bring these to the attention of the judiciary. It also asked whether sensitization on human rights issues was envisaged in the framework of training for law enforcement officials, and what measures Indonesia envisaged topromote and improve respect human rights in the provinces of Papua and West Papua. “ (Human Rights Council 14.05.2008: p. 14f)

“... The establishment of the Judicial Court was also noted. With regard to the ratification of the Optional Protocols to the Convention against Torture and CRC, the delegation noted that these ratifications are already stipulated in 2008 and 2009 by the national plan.” (Human Rights Council 14.05.2008: p. 15)

1st Review by the UN Committee against Torture

Concluding Observations of the Committee Against Torture on the Report submitted by Indonesia

Reference: United Nations, Committee Against Torture, Consideration of reports submitted by states parties under article 19 of the convention, Concluding observations of the Committee against Torture, Indonesia , CAT/C/IDN/CO/2 (02 July 2008), available from http://undocs.org/CAT/C/IDN/CO/2.

"Disproportionate use of force and wide spread torture during military operations

The Committee is also deeply concerned about numerous, ongoing credible and consistent allegations, corroborated by the report of the Special Rapporteur on torture and other sources, of the routine and disproportionate use of force and widespread torture and other cruel, inhuman and degrading treatment or punishment by members of the security and police forces, including by members of the armed forces, mobile police units (“Brimob”) and paramilitary groups during military and “sweep” operations, especially in Papua, Aceh and in other provinces where there have been armed conflicts (arts. 2, 10 and 11).

The State party should take all necessary measures promptly to prevent security andpolice forces from using disproportionate force and/or torture during military operations, especially against children.

The State party should implement effective measures promptly to ensure that all persons are afforded all fundamental legal safeguards during their detention. These include, in particular, training programmes for all military personnel on the absolute prohibition of torture. The State party should also ensure that all persons detained during military operations are always registered."(Committee Against Torture 02.07.2008, p.3 f)

"Impunity

The Committee is deeply concerned that credible allegations of torture and/or ill-treatment committed by law enforcement, military and intelligence services personnel are seldom investigated and prosecuted and that perpetrators are either rarely convicted or sentenced to lenient penalties that are not in accordance with the grave nature of their crimes. The Committee reiterates its grave concerns over the climate of impunity for perpetrators of acts of torture, including military, police and other State officials, particularly those holding senior positions who are alleged to have planned, commanded or perpetrated acts of torture. It notes with regret that no State official alleged to have perpetrated torture has been found guilty, as confirmed by the Special Rapporteur on torture (arts. 2 and 12).

The State party should ensure that all allegations of torture and ill-treatment are investigated promptly, effectively and impartially, and that the perpetrators are prosecuted and convicted in accordance with the gravity of the acts, as required by the Convention.

In view of the State party’s reaffirmed commitment at the universal periodic review to combat impunity (A/HRC/WG.6/1/IDN/4, para. 76.4), State officials should publicly announce a zero-tolerance policy for perpetrators of acts of torture and other cruel inhuman and degrading treatment or punishment and support prosecution." (Committee Against Torture 02.07.2008, p. 4)

"Human rights courts and ad hoc human rights courts
 
The Committee is troubled that human rights courts, including ad hoc ones, which are designed to deal “specifically with gross violations of human rights”, including torture, genocide and crimes against humanity, pursuant to Law No. 26/2000, were not able to secure the conviction of any of the alleged perpetrators of gross human rights violations in relation to the Tanjung Priok (1984), East Timor (1999) and Abepura (2000) cases, especially now that the Supreme Court has acquitted Enrico Guterres (arts. 2, 6 and 12).

The State party should consider amending its legislation on human rights courts, since they face serious difficulties in carrying out their judicial mandate, which has lead to de facto impunity for perpetrators of gross human rights violations." (Committee Against Torture 02.07.2008, p. 9 f)

"Lack of effective investigation and prosecution by the Attorney-General

The Committee is concerned by the absence of prompt, impartial and effective investigations into allegations of torture and ill-treatment by the Attorney-General’s office, including with regard to cases presented by the National Commission on Human Rights (Komnas HAM), such as in the Wasior, Wamena (1997/1998) enforced disappearances or Trisakti, Semanggi I and Semanggi II cases (art. 12).

The State party should reform the Attorney-General’s office to ensure that it proceeds with criminal prosecution into allegations of torture and ill-treatment with independence and impartiality. In addition, the State party should establish an effective and independent oversight mechanism to ensure prompt, impartial and effective investigation into all allegations of torture and ill-treatment. The State party should also publish, without delay, the reports of Komnas HAM investigations."  (Committee Against Torture 02.07.2008, p. 10)


“Switzerland expressed concern about acts of intolerance and discrimination perpetrated against religious and ethnical minorities or against people for their sexual orientation or gender identity. It remained concerned by cases of abuse of prisoners, in particular those that had occurred in Western Papua and Papua provinces in 2010. Switzerland made recommendations.” (Human Rights Council 05.07.2012: p. 6)

“The United Kingdom of Great Britain and Northern Ireland welcomed Indonesia’s ratification of the CRPD and efforts to address challenges in Papua and West Papua, where it noted an increase in violence. It noted the occurrence of friction between religious groups and attacks against minorities and encouraged Indonesia to tackle violence against minority faiths and accept visit requests by Special Rapporteurs. It made recommendations.”  (Human Rights Council 05.07.2012: p. 7)

“The United States of America commended Indonesia’s pursuit to promote prosperity and address grievances in the Papuan provinces though it remained concerned about allegations of abuses. It voiced concern about the failures to create and enforce a framework of accountability for abuses by the military and police and to protect certain religious minorities. It made recommendations.(Human Rights Council 05.07.2012: p. 7f)

"Germany asked Indonesia whether it intended to release Filep Karma and other political detainees. Regarding the conflict in the Papua provinces, it valued the efforts made to resolve the conflict through dialogue, but noted that serious human rights violations remained to be addressed. Germany made recommendations." (Human Rights Council 05.07.2012: p. 10)

“France remained concerned by the acts of violence committed by the police against human rights defenders. It deplored the violations of human rights against persons belonging to religious minorities, in particular against Ahmadis and the Papuan community. France made recommendations. (Human Rights Council 05.07.2012: p. 10)

“Italy commended Indonesia’s commitment to promoting interfaith dialogue but expressed concern about reported violence against religious minorities. Italy asked Indonesia to provide an update on the implementation of the 2001 special law granting autonomy to the region of West Papua. It made a recommendation.” (Human Rights Council 05.07.2012: p. 11)

“Japan welcomed President Yudhoyono’s plan to offer an apology for past human rights violations during the Suharto era. It encouraged Indonesia to make full use of the Principles and Guidelines for the Elimination of Discrimination against Persons Affected by Leprosy and Their Family Members. Japan voiced concern at reported human rights violations in Papua. Japan made recommendations.” (Human Rights Council 05.07.2012: p. 11)

“New Zealand was encouraged by Indonesia’s establishment of the Unit for the Acceleration of Development in Papua and West Papua and the intended change from a “security approach” to a “welfare and justice approach” for Papuans. It thanked Indonesia for information on the progress made in ratifying OPCAT and the Rome Statute. It made recommendations.” (Human Rights Council 05.07.2012: p. 12)

“Norway expressed concern about reports of harassment and discrimination of religious minorities and non-believers in Indonesia. It noted that some human rights defenders experience challenges in operating freely in the Papua provinces. Norway made recommendations.” (Human Rights Council 05.07.2012: p. 13)

“Responding to observations made, the delegation referred to the situation in the provinces of Papua and West Papua. In order to optimize the implementation of Special Autonomy and expedite the development in Papua as well as West Papua, the Government has established the Special Unit for the Acceleration of Development in Papua and West Papua, through Presidential Decrees No. 65/2011 and No. 66/2011. This special Unit has
 formulated several quick programmes related to the enhancement of food security, poverty eradication, community-based economic development, education, health, and basic infrastructures. The Government continues to be committed to implement and optimize the special autonomy for the two provinces and to pursue the welfare and development approach in the two provinces. Responding to the comment raised on a reported general
 climate of impunity, the delegation explained that, unlike the past, members of the police and TNI who committed excesses in carrying out their responsibilities to maintain law and order have been held accountable and brought before the relevant courts. The delegation underscored the fact that the Government is keen to ensure that no cases or excesses occur on the part of the military or police in the carrying out of their responsibilities to maintain law and order in the two provinces." (Human Rights Council 05.07.2012: p. 13)

"The  recommendations  formulated  during  the  interactive  dialogue and listed below enjoy the support of Indonesia:" (Human Rights Council 05.07.2012: p. 14)

“Implement comprehensive human rights training, with regular reviews to ensure effectiveness, for all military and police personnel, including
 those working in the Papua and West Papua provinces (New Zealand);” (Human Rights Council 05.07.2012: p. 16)

“Ensure free access for civil society and national journalists to Papua and West Papua (France)” (Human Rights Council 05.07.2012: p. 21)

“Enhance efforts to provide adequate protection to human rights defenders and to improve the human rights situations of ethnic and religious
 groups in certain regions, including Papua (Republic of Korea);”  (Human Rights Council 05.07.2012: p. 21)

“Ensure that provisions of the Indonesian Criminal Code, such as articles 106 and 110 are not misused to restrict the freedom of speech (Germany);” (Human Rights Council 05.07.2012: p. 21)

"Immediately grant access to the delegates of ICRC to the Papua provinces in order for them to fulfil their mandate (Germany);” (Human Rights Council 05.07.2012: p. 23)

“Extend an invitation to the Working Group on enforced or involuntary disappearances; Independent Expert on minority issues; Special Rapporteur on the right to food; and the Special Rapporteur on the rights of indigenous peoples in order that they visit Indonesia, particularly Papua (Mexico);” (Human Rights Council 05.07.2012: p. 23)

“Halt immediately reported human rights violations by military and police officers and a general climate of impunity in Papua (Japan);” (Human Rights Council 05.07.2012: p. 24)

“Ensure free access for foreign journalists to Papua and West Papua (France);”  (Human Rights Council 05.07.2012: p. 24)

“Take steps, particularly in Papua, to increase protection for human rights defenders against stigmatization, intimidation and attacks and to ensure respect for freedom of expression and peaceful protest, including through a review of regulations that can be used to restrict political expression, in particular article 106 and 110 of the criminal code, and the release of those detained solely for peaceful political activities (Canada);" (Human Rights Council 05.07.2012: p. 24)