Komnas HAM, Indonesia, 3rd UPR
involve the use of violence and excessive force by security apparatus.
Evictions result in the loss of shelter, arbitrary arrest, homelessness and loss of
the right to participate in city planning.66
47. Recommendations: Government harmonization of regulations for
human rights based development projects, especially where evictions may
be necessary.
3.
Papua Issues67
48. The Government has taken positive steps related to Papua68. Furthermore,
the Attorney General has recently (2016) followed up Komnas HAM 2004
investigation over incidents at Wamena (2003) and Wasior (2001), which can
be categorized as gross human rights violations. 69
49. Despite the Government efforts, existing policies have not addressed the
root problems, particularly as perceived by the people most affected. Various
forms of injustice in the field of civil and political rights are still felt by the
populations of the Province of Papua and West Papua 70. Economic, social and
cultural imbalances, as well as repression of civil and political rights, both past
and present, demand the immediate restoration of rights for the people of
Papua and reparation for rights violated in the past. The conditions grow
increasingly critical due to the failure to set an agenda for settlement of human
rights issues in a comprehensive manner with a clear timeline.
50. Recommendations: (1) Government ope n a dialogue with the
populations of Papua to solve crucial issues with fairness and dignity. (2)
Formation of a TRC in Papua as mandated in Act No. 21 of 2001 on
Special Autonomy for Papua. (3) The Attorney General should follow up
Komnas HAM 2004 investigation regarding the incidents of Wamena and
Wasior. (4) The Government should take immediate steps to end the
continuing violence and violation of human rights in Papua.
4.
Business and Human Rights
51. The Indonesian Government support the UN Guiding Principles on
Business and Human Rights in 2011, and the Constitutional Court has
interpreted Article 74 of Law No. 40 Year 2007 regulating Limited Liability
Companies and CSR implemention to include environmental responsibility.
52. Many businesses continue to violate human rights,71 while the state has no
legal enforcement instruments for fullfilment and rehabilitation of the rights of
the victims.72
53. Recommendations: (1) Government provide rehabilitation for victims
of human rights violations due to business activity (2) Government to hold
corporations responsible by establishing regulations using existing
national human rights instruments.
5.
Right to Health: National Health Insurance, FCTC73 and the Impact of
Forest Fires
7