11. It should be recognized that, Indonesia has independence National Human Rights Commission which accredited status A. Nevertheless, with regard to the Law No. 39/1999 on Human Rights in which the Commission is regulated, the Commission also identified many fundamental weaknesses that deter the independence and function of the Commission. Thus, the Commission recommended for the amendment of the Law No. 39/1999. These fundamental weaknesses were reflected in the notes of the International Coordinating Committee as follows: a. The importance of legislative immunity for members and staff of the Commission in the exercise of their duty and refers the Commission to the General Observation on immunity; b. That the representation of women amongst Commissioners is low; c. That the position, duties, responsibilities and organizational structure of the Secretariat are currently set forth in a Presidential Decree and should rather be established through Commission regulations and policies to ensure independence and autonomy; and d. The Sub-Committee refers the Commission to the General Observation on cooperation with other human rights institutions. Promotion and Protection of Human Rights on the Ground 12. Looking at the human rights condition in Indonesia, The Commission concluded the condition conducive for the implementation of human rights in Indonesia has yet been fulfilled. The Commission was fully aware that the realization of the economic, social and cultural rights is progressive in nature. However, in the context of the fulfillment of economic, social and cultural rights, the budget allocation for several sectors affected directly on the people’s welfare had not shown significant progress. State budget mostly allocated to pay foreign debts and interest. It led to the lack of budget allocation for health and education which decisively hinder the fulfillment of economic, social and cultural rights of the people. The policy to revoke the subsidy for fuels which has caused the people become farther and farther away from right of adequate standard of living. 13. The Commission noted that certain regulation does not reflect the willingness of the state to implement the economic, social and cultural rights. A number of regulations such as the Act on Electrical Energy, the Act on Water Resources, and the Act on Oil and Natural Gas, as well as the revision of the Act of Employment Affairs had shown the market influence over the Government policies. 14. The Commission concerned that some problems also still occurred in the implementation and fulfillment of economic, social and cultural rights, such as: (a) increasing number of unemployment which shown the unfulfilment of the right to work; (b) forced eviction practices of the people who stayed in land areas belonged to other parties without proper compensation or settlement occurred in urban and remote areas; (c) the hot-mud flow disaster which covered a large area and caused people to leave their home and lost their jobs. This was considered as a violation to the right to survival and the right to good and healthy environment. The Commission pointed out specific cases in the area of economic, social and cultural rights should also be highlighted: a. The case of Migrant workers. The Commission appreciated the invitation of the Indonesian Government to the United Nations Special Rapporteur for the Rights of Migrant Workers, Jorge Bustamante in December 2006. The Commission, however, considered that the Indonesian government policies toward migrant workers have yet taking the worker’s side. The Commission observed, these workers, especially women workers are often ill-treated during departure, transit, work places and return). Cases of document forgery, violations of work contracts, unpaid wages,

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