Komnas HAM, Indonesia LOIPR ICCPR
services. Komnas HAM considers that the State has not fully carried out the mandate
of the law.
List of issues:
1) How does the Government conduct supervision and protection of mental
disabilities in social rehabilitation institutions, including evaluating and
formulating policies to ensure zero degrading treatment in these institutions?
2) What are the concrete steps to guarantee access to justice for persons with
disabilities who become victims of violence, especially those with mental
disabilities?
3) How important are special procedures for law enforcement so that legal access for
persons with mental disabilities can be guaranteed?
4) Can the state ensure that policies have been made to eradicate discrimination
against people with disabilities, particularly in accessing employment, public
services, and other treatments, including the elimination of stigma?
5) What is the main cause of the Government's inaction in implementing the
provisions of Law No.8 of 2016, mainly with regard to the stipulation of
implementing procedures of the Law, including the establishment of the National
Disability Commission?
h. Racial and Ethnic Discrimination
51.
Komnas HAM recorded at least 101 racial and ethnic discrimintion in the period of
2011-2018. The various public complaints include a wide range of problems such as
restrictions on public services, the rise of ethnic/identity politics, breaking up of
traditional rituals, discrimination of land ownership rights for minority groups, and
unfair access to employment.
52.
A Komnas HAM Survey (2018) shows that racial and ethnic differences are recognized
as beneficial/facilitating. Primordialism becomes an important value held by the
community. The level of social segregation in the community remains high with an
approval rate of more than 80%. The potential for racial and ethnic discrimination has
a significant probability, indicating the permissive attitude of some people towards
racial and ethnic discrimination. More than half of the respondents say they will take
action if they receive racial and ethnic discrimination. Conversely, more than half of
respondents will not respond immediately if other parties receive racial and ethnic
discrimination.
53.
In August 2019, racism towards a Papuan student in Surabaya was found to have
triggered tensions in the Papuan community. Racism has led to continued racial-based
violence in Papua.
List of issues:
1) What effort has been put in to build awareness of respect for the equality of all
persons without discrimination of race and ethnicity, including avoidance of making
jokes in public?
2) How effective is the monitoring mechanism of the protection of race and ethnicity
as regulated in Law Number 40 of 2008?
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