Komnas HAM, Indonesia LOIPR ICCPR
List of issues:
1) What are the steps to ensure that there will be no more acts of violence or excessive
use of authority by law enforcement officials, and that the procedures for the
investigation and sanctioning of these officials in an accountable and transparent
manner will be followed?
2) What are the steps that have been taken to ensure access to justice, especially with
regard to complaints to law enforcement, are given in an expedient and accountable
manner, and access to legal assistance for detainees are provided?
3) What have the Government and the House of Representatives done to ensure respect
and protection of indigenous and tribal peoples as mandated in the 1945
Constitution?
4) How can law enforcement officials ensure access to justice for indigenous and tribal
peoples?
5) How can law enforcement officials better understand the diversity of agricultural
systems practiced by indigenous and tribal peoples, including the underlying local
wisdom?
6) How can law enforcement officials better understand the national legal system that
recognizes local wisdom and legal pluralism in environmental management?
g. Inhumane and Degrading Treatment, and Discriminatory Practices towards
Persons with Disability3
47.
Inhuman and Degrading Treatment Practices still occur in Social Rehabilitation Centers
for Persons with Mental Disabilities. Degrading acts such as shackling or locking up
mentally ill persons in a cell still persist. The shelter is unfit for habitation, threatens
the health of its inhabitants, and is detrimental for their survival. One nursing home
even administered psychotic substances for each of its inhabitants without proper health
screening from a psychiatrist.
48.
Komnas HAM took note of several cases involving persons with disabilities in criminal
cases have not been resolved optimally and fairly. Access to justice in the legal system
remains an obstacle for persons with disabilities. One example of this is evident in the
case of sexual violence experienced by a person with disabilities, which was never
resolved because they victim was thought to have no legal capacity, particularly in
giving testimony.
49.
Komnas HAM also noted that discriminatory practices still persist in access to
employment. Discrimination in Civil Service and State Corporate Employee Exam still
occurs despite policies to provide protection in this regard.
50.
Komnas HAM appreciates the issuance of Law No. 8 of 2016 concerning Persons with
Disabilities. This law is expected to reduce discrimination and protect persons with
disabilities from potential human rights violations. However, Komnas HAM still
observed several cases of workplace discrimination due to disability reasons. As a
result, employees may lose their rights at work. This is closely related to the ongoing
stigma against persons with disabilities. Some laws and policies provide prerequisites
for physical and mental health for people seeking access to public employment and
3
Factual situation regarding disability was also reported to CRPD in Written Contribution of Komnas HAM on
the 13th session of CRPD.
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