Komnas HAM, Indonesia, 4th UPR
17.
Komnas HAM received up to 79 complaints on the right to freedom of religion and
belief in 2018-2021, most of which are related to the establishment of places of
worship17, group/individual discrimination, obstruction/rejection of religious
activities, and prohibition/forced conversion of faith.18
18.
There are still several national and regional regulations that are discriminatory in
respect of FoRB rights, including the Joint Regulations of the Minister of Religion
and the Minister of Home Affairs Numbers 9 and 8 of 2006 on the Establishment of
House of Worship.19 In addition, often local regulations become a tool to repress
FoRB.20
19.
Recommendations: Encourage religious moderation programs, also ensure that
regulations on the establishment of houses of worship are formulated by upholding
human rights principles and norms. Assure law enforcement officers comprehend
human rights, and evaluating discriminatory local regulations and obstructing the
enjoyment of FoRB rights.
Combating slavery and trafficking in persons
B.
20.
Komnas HAM noted GoI efforts to develop regulatory framework to prevent human
trafficking.21
21.
Slavery practices are still common, for example, the case of the Human Cage at the
Residence of the (Suspended) Regent of Langkat, North Sumatra. The occupants of
the cage have been subjected to 26 forms of violence and six of them are died.22 In
addition, there was the death of four crew members in China's Longxing 629 (2020).
22.
Recommendation: Coordination between national agencies and international
government bodies to prevent slavery, take action against perpetrators and/or slavery
networks as well as provide protection and restitution for victims. Relevant national
laws should be evaluated and amended to assure that they comply to human rights
norms and principles.
Specific group and individual right holders
Indigenous Peoples23
23.
Komnas HAM appreciates the state's steps to recognize communal right to the
customary forests.24 However, GoI have not ratified the Bill on Masyarakat Hukum
Adat (Indigenous Peoples) despite it having been included in the 2013 National
Legislation Program. 25
24.
There are indigenous peoples whose basic rights have not been recognized and
restored. This problem persists due to inconsistent and incomplete laws and
regulations, the absence of institutions that specifically oversee the resolution of
indigenous peoples' issues at the national level, and the lack of local governments’
political will.
25.
The relocation of the capital city from Jakarta to East Kalimantan has the potential to
add to the complexity of the problems regarding the recognition and protection of
3