Like
the other countries which have ratified United Nation Covenant in accordance to
Beginning with the second periodic report and developed constructive dialogue during the report discussion, the committee made an observatory conclusion which includes practical advices regarding to the efforts and steps which should be taken to do the better implementation of convention provisions.
Since 2003, the observatory conclusion adopted by the Committee has included some particular recommendations which suggest the countries to give response or information within a year toward the particular recommendations which were considered as the high level of urgency matters.
From 27 recommendations adopted by the committee in accordance to the Indonesian second periodic report, there are six urgent particular recommendations for Indonesian government to take concrete steps needed to omit:
(1) Torture practices and wide spread arrogances.
(2) The local regulations which are full of human rights violations.
(3) Violence headed for Ahmadiyah group and some people that belong to the other minority groups.
(4) Human trafficking and violence against migrant labors;
(5) Harassment and violence to human rights defenders; and
(6) Lack of investigation and effective prosecution by Attorney General.
In September 2009, the committee sent the first letter of reminder to the government. In this letter, the committee asked for immediate response on the six particular recommendations. However, the government seems do not have a strong political will to respond it. It is proved by lack of response from the government regarding to the letter up to now.
In this futility, a working group for advocacy against torture (WGAT) in consultation with World Organization against Torture (OMCT) has compiled an independent monitoring report on the Committee recommendations. WGAT initiative is highly appreciated.
The WGAT work shows that civil participation, especially in term of giving reports to the United Nation organizations does not have to depend on whether there is a government report, as being announced during the compilation of shadow report.
In
its report to respond the convention implementation in
The committee report groundwork is strong enough. As many as 86 percent of (296 from 344) denunciations received by National Police Committee in 2008 subject to power misuse and the police unit arrogance.
Bear in mind that the police institution reformation needs legitimacy from politic and law reformation. In term of law reformation, WGAT has noted that KUHAP disposition per July 2008, which set the detention period (60 days plus one day arresting time) has not accommodated the committee recommendation to decide the limited detention time based on the international standards.
So many local regulations which are against the global human rights standards within the reality of Indonesian multicultural society have become the committee’s focus of attention. The regulations do not decrease but increase significantly.
WGAT has noted that the increase is caused by the given authority to the local governments to set rules which are not stipulated in the national regulations. There are at least 26 local discriminative regulations which still exist up to now. Most of them are based on the sharia law.
The committee’s recommendations which are in particular refer to physical punishment practice based on Qanun Jinayah in Aceh are not responded by the government. It is proved by the continuation of flogging as a punishment for kinds of crime such as khalwat, jarimah, maisir (gambling), ilkhtilath, and zina (adultery) in Aceh.
The law and human rights ministry’s step to invalidate 947 local regulations spread in all of Indonesian areas does not have any effects at all on the decrease of the local regulations which are discriminative and against human rights because the invalidated local regulations are the ones who only rule retribution. This reality has strengthened the government’s law politic which prioritizes economical interest than human rights.
Non-discriminative principals are very fundamental principals in protecting human rights. They become very important when we talk about a series of violence subjected systematically to Ahmadiyah group. In its recommendations, the committee insists the government to give guarantee on the protection of minority ethnic and religious groups which become the targets of violence, do prosecution and give punishments to the ones who commit the violence and take the positive preventive steps.
WGAT has noted that in 2008, at least there were 35 violence acts, threats, intimidations, and forcefulness toward Ahmadiyah group which cost damage on poverty and service places. In the same year, National Alliance for Freedom of Religion (AKKBB) and Ahmadiyah community suffered from the violence again. It caused 70 people injured including women and children. The legal process on the violence actors was obviously done heartlessly. It was proved by a small number of the actors brought to the court and the punishment which was not match with the crimes conducted.
Admittedly,
The migrant labor fragility as the victims of human trafficking which often suffer from the violence also become the committee’s attention. WGAT noted that in 2008, the violence toward migrant labors caused the increase of the number of the death. 522 Indonesian migrant labors were dead.
Another important thing which becomes the committee’s attention is the threat, harassment, and violence against human rights defenders. The violence against human rights defenders happens in many forms, from arbitrary detention, torture, even murder, as happened to Munir Said Thalib. In this case, the committee insists the government to take “all of the steps needed to protect all of the people including the ones who monitor human rights from intimidation or violence as the effect of their activities and the use of human rights guarantee, and ensure the immediate, impartial, and effective investigation on the above deeds.
The lack of legal frame which in particular admits the existence of human rights defenders and their role in promoting and protecting human rights opens broad space for the violence practice toward human rights defenders. Instead of supporting the strong legal frame which gives the protection to the human rights defenders, the government always stands on the regulations which criminalize the human rights defenders, including the chapters stipulated in KUHP.
Moreover, WGAT also noted that several act designs which have potency to harm the human rights defenders, including the revision of Social Organization Acts, RUU in accordance to State Defense Reserve Components related to State Secrecy.
The
last point of the six particular recommendations from the committee focus on
Attorney General’s failure in doing the effective investigations and
prosecutions on the human rights violation cases in
WGAT supposes that overall, the government has failed to carry out the committee’s recommendations.
[1] Seehttp://www2.ohchr.org/english/bodies/cat/cats40.htm.
[2] Seehttp://www2.ohchr.org/english/bodies/cat/cats40.htm.
[3] Seehttp://www2.ohchr.org/english/bodies/cat/follow-procedure.htm.
[4] Working
Work on Advocacy against Torture (WGAT), “Alternative Report in accordance to The
Committee against Torture’s recommendations follow up: Heading for the
Implementation of Committee Recommendations against Torture for
[5] See Chapter 106, 110, 160, 310 and 335 KUHP.
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