rd
Komnas HAM, Indonesia, 3 UPR
criminalization while attempting to defend communal rights to indigenous
territories. Komnas HAM is aware of the complexity of the issues related to
indigenous peoples. Indonesia‟s 1945 Constitution recognizes the existence of
indigenous peoples in Indonesia referred to as masyarakat hukum adat
(traditional law society).
23. Recommendations: (1) The Government should prepare a
comprehensive program for indigenous communities and their land rights
issues in a timely manner,32 (2) Government and Parliament should
expedite the Bill on Recognition and Protection of Indigenous Peoples
Rights approval process, based on human rights principles, including
clauses on remedies for a variety of continuing human rights violations;
(3) Establish an independent institution for the promotion and protection
of the rights of indigenous peoples, (4) Government should adopt a
uniform definition and terminology by using the term “indigenous
people” as the translation of the term “masyarakat hukum adat” and vice
versa.
2.
Persons with Disabilities33
24. The Government has made an effort to advance the rights of persons with
disabilities with ratification of Law No. 8/2016 on Persons with Disabilities
and other regulations.34 Also, increased accessibility for participation in the
electoral process (2015) and a national campaign “Indonesia Bebas
Pemasungan 2017”.35
25. The new law has not been fully implemented, furthermore, accessibility
for participation in local elections for persons with disabilities is not optimal,
especially related to those with mental disabilities and those living in
remote/rural areas.36 Also, persons with mental disability still experience
difficulties with accessing medicines and health services due to stigmatization
and neglect.
26. Recommendations: (1) Socialization of Law 8/2016 to all elements of
society.(2) Expedite preparations for implementing regulations of Law
No. 8/2016 and affirmative action programs for the elimination of
stigmatization of persons with disabilities generally and the use of
physical restraints such as chaining, leg stocks and cage confinement for
persons with mental disabilities.
4.
Human Rights Defenders37
27. In 2015, the Ministry of Justice and Human Rights organized a national
policy seminar on Protection of Human Rights Defenders in Indonesia.38
Parliament also initiated a draft law on the Protection of Human Rights
Defenders and entered the bill for consideration in the National Legislation
Program (Prolegnas) 2010-2014 agenda,39 however the draft bill was not reentered for the 2015-2019 agenda.
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