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. 11

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