fraud, persecution, physical abuse and sexual harassment often occurred. The
Commission underlined that the Terminal III at the International Soekarno-Hatta
Airport as the departure and arrival gateaway for the migrant workers. In this regard,
the Commission underlined the call of migrant workers for the Government to close
this terminal since many acts of enforced payment, ill-treatment, fraud, and sexual
harassment occurred in this terminal. The Commission noted that until the end of
2006, the Government has yet found any solution to this matter. In this regard, the
Commission might recall the report of the Special Rapporteur for the Rights of
Migrant Workers which states that many Indonesia migrant workers have
experienced human rights violations. These violations were mostly faced by women
and children migrant workers. They were raped, forced to become prostitutes and
experiencing other types of violence. Some other violations they experienced were
long hours of working without breaks, unscheduled payment of wages and even
unpaid wages, as well as mental abuses.
b. Cases of mass hunger and starvation (busung lapar). These cases occurred
in several regions has illustrated the inability of the State to comply with its
obligation to fulfill the right to adequate food which closely related to the right to life.
Constant media news on the case of starvation had forced the Government to declare
these cases as an extraordinary lack of nutrient. However, the Government seems to
consider this problem as natural disasters, which is curative, emergency and ad hoc
approach in nature. The response of the State in managing the problems has shown
the insensitivity and denial of its obligation to fulfill the right of the people to be free
from hunger.
c. The problem of human trafficking. This problem has become more serious due
to related institutions and agencies at national and regional levels have yet
coordinated with one another. This coordination, particularly at regional level, is very
important since trafficking in person is trans-border crimes, particularly among
ASEAN countries. The Commission observed that to settle this problem the ASEAN
countries should refer to the ASEAN Declaration against Trafficking in Persons
Particularly Women and Children signed on 29 November 2004. Moreover, in
looking towards combating trafficking as a transnational crime, reference could be
made to the ASEAN Declaration on Transnational Crime dated 20 December 1997,
whereby ASEAN has sought to establish a Regional Network to prevent and combat
human trafficking.
15. The Commission concerned that several problems also occurred in the implementation and
protection of Civil and political rights, among others: (a) The implementation of freedom of
speech in public places still followed by acts of violence and even some atrocities; (b) The
continued acts of violence either conducted by the state apparatus or radical groups in the
community. These were considered as violation of the right to personal safety and also the
right to the protection of privacy, honor and dignity of a person; (c) The intrusion of the
right to personal freedom, such as freedom of religion and to worship according to his/her
religion or belief experienced by, among others, the Ahmadiyah adherents; and (d) The
prolonged discrimination of particular religious adherents to practice their religion or belief
through the determination of the Joint Regulations between Ministry of Religious Affairs
and Ministry of State Affairs No. 9 Year 2006 and No. 8 Year 2006 on the Guidelines for
Head or Vice Head of Regions to Carry Out Maintenance of Tolerance between Religious
Adherents, Empowerment of Religious Adherents Forum and Establishment of Religious
Places.
16. The death penalty has not yet abolish from the Indonesian legal system. Until the end of
2006, Indonesia still has at least 11 legislations which contain death penalty. Until