rd
Komnas HAM, Indonesia, 3 UPR
5.
Right to Health: National Health Insurance, FCTC73 and the Impact of
Forest Fires
54. The Government has taken positive steps to fulfill the right to health such
as National Health Insurance (NHI),74 study the impact of smoking control,75
and the impact of forest and peat-land fires.76
55. NHI membership data collection is not optimal77 and tobacco use is
increasing, including among minors and women.78 Serious health problems
result from prolonged exposure to forest and peat-land fires, especially among
children.79
56. Recommendations: (1) Effective data collection is necessary to reach
full NHI participation. (2) Ratification of the FCTC by 2018. (3). A
comprehensive and integrated health study should be conducted,
including examination of regulations related to the impact of forest and
peat-land fires, especially related to vulnerable groups. This study will
generate data necessary for creation of a comprehensive working plan.
1
Indonesian National Human Rights Commission (Komisi Nasional Hak Asasi Manusia abbreviated Komnas
HAM)
2
National Commission on Violence Against Women (Komisi Nasional Anti Kekerasan Terhadap Perempuan
abbreviated Komnas Perempuan)
3
Child Protection Commission of Indonesia (Komisi Perlindungan Anak Indonesia abbreviated KPAI)
4
In response to recommendation 108.103, 108.113, 109.9
5
Law No. 11 of 2008 on Internet dan Transaksi Elektronik (Internet and Electronic Transactions abbreviated
ITE)
6
See http://id.safenetvoice.org/pelanggaranekspresi/ (visited 30 July 2016)
7
Komnas HAM received more than 13 file complaints related to freedom of speech in 2015. In 2014, Komnas
HAM, in cooperation with Partisipasi Indonesia screened The Look of Silence (Senyap). However, of the
planned screenings of the film at 116 cities throughout 2015, 31 were cancelled due to threatened violence by
right-wing Muslim organizations or outright banned by state apparatus alleging the film to be communist
propaganda. Furthermore, the Alliance of Independent Journalists stated that 47 cases of violence against
journalists occurred in 2015.
8
In response to recommendation 109.21, 109.22, 109.23
9
Executions for death row consisting of drug cases, serial killings and terrorism cases.
10
Based on the Komnas HAM Annual Report 2015, Wave I on January 18, 2015 against 6 (six) people on death
row, Wave II on 29 April 2015 to 8 (eight) and Wave III on 29 July 2016 four (4) executions carried out of the
scheduled fourteen (14) executions with a total of 50 prisoners executed to date.
11
Unfair trial due to application for appeal filed for Zainal Abidin sidetracked in Palembang District Court 10
years prior to the submission to the Supreme Court in 2015. The Zulfikar Ali case is still in the process of
appeal.
12
In response to recommendation 108.26, 108.27, 108.28, 108.29, 108.69, 108.70, 108.71
13
Banjarmasin Prison and Bogor Prison (Class IIA)
14
Complaint files received by Komnas HAM regarding the police show an average increase from 2012 to 2015
with 1,938 files in 2012, 1845 files in 2013, 2,483 files in 2014 and 2,734 files in 2015.
15
Based on the analysis of reports related to the police, forms of torture included beatings, kicking and
trampling the body and head, burning, slapping, harm to genitals, electricution and binding with some cases
resulting in death.
16
Based on the report analysis relating to the police force, Komnas HAM has issued recommendations to the
police, in 2012 (379 recommendations), 2013 (463 recommendations), 2014 (622 recommendations) and 2015
(1193 recommendations).
9