Komnas HAM, Indonesia, 4th UPR
Human Rights Issues in Papua
55.
Armed violence between the Armed Criminal Group and the Military/Police
(TNI/Polri) apparatus in Papua has a significant impact on civil society49, such as the
displacement of civilians.50 Komnas HAM noted that throughout 2021, 53 violent
incidents occurred in Papua.
56.
The security approach through non-organic forces and security governance is
considered inappropriate in dealing with problems in Papua.51 The Papua Special
Autonomy Policy has not been able to resolve the violence in Papua.
57.
Human rights defenders who advocate for Papua are often charged with Articles 106,
110, and 160 of the Criminal Code on the crime of treason.52 Indigenous Papuans,
activists, and students are often discriminated against and stigmatized as supporters of
separatism when fighting for the rights of the Papuan people.
58.
Recommendation: Prioritize a human rights approach in dealing with incidents of
armed violence and eliminate all forms of discrimination and criminalization against
Papuan Indigenous People and Human Rights Defenders. Reviewing the concept of
development in Papua based on the principles of the respect for and protection and
fulfillment of human rights that reflects the Papuan specific context.
Business and human rights53
59.
The number of public complaints received by Komnas HAM related to corporations
as alleged perpetrators every year always ranks second in number behind the
government and security apparatus, namely, 866 cases in 2017, 1,021 cases in 2018,
483 cases in 2019, and 455 cases in 2020.
60.
Recommendations: Socialize and implement United Nation Guiding Principles on
Business and Human Rights and take action and sanction corporations that violate the
law and human rights.
The right to health
61.
The implementation of the National Health Insurance (JKN) is a manifestation of the
right to health. However, some of the benefits needed by vulnerable groups are not
covered by the JKN program.54
62.
COVID-19 pandemic in Indonesia had caused the collapse of health services and
facilities in various regions.55 The larger percentage of victims who died due to
COVID-19 was the elderly (up to 46.9%).56
63.
There were several issues during the pandemic, namely the misappropriation of the
state’s social assistance, less than optimal handling of other diseases57, and the uneven
distribution of vaccinations due to lack of availability.58
64.
Recommendation: Progressively increase the fulfillment of the right to health, ensure
non-discriminatory and inclusive health services for all vulnerable groups.
Right to education
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