Komnas HAM, Indonesia, 4th UPR
indigenous peoples, including those related to land rights and traditional territories.
26.
Recommendation: Ensure that the Bill on Indigenous Peoples is in line with the
prevailing human rights principles norms and immediately enact it, as well as invite
the UN Special Rapporteur on Indigenous Peoples to Indonesia, particularly to Papua
and West Papua. Ensure the process and policies for capital city relocation are in
accordance with human rights principles and norms.
Persons with Disabilities
27.
GoI has ratified nine derivative regulations from Law Number 8 of 2016 concerning
Persons with Disabilities.26
28.
GoI has established a National Commission for Disability (KND)27, but its position is
under the unit Ministry of Social Affairs. KND should have been positioned under the
President so that it can carry out its functions optimally.
29.
GoI has initiated the Shackle Free Indonesia program since 201028 but the practice of
shackling and placing people with mental disabilities in prison-like cells is still found
in privately run social rehabilitation institutions.29
30.
Recommendations: Implement the Action Plan for Persons with Disabilities at the
central and regional levels, revise the Presidential Regulation on KND to ensure
adequate resources for them to carry out their duties while maintaining their
independence, and immediately ratify the ICRPD Optional Protocol.
Human Rights Defenders (HRD)
31.
In 2020-2021, Komnas HAM received 36 complaints related to HRD, which
generally took the form of threats, intimidation, violence, judicial harassment30,
activity bans, and even murder.
32.
Recommendation: Enact a law to recognize and protect the rights of HRD in
accordance with the Declaration of HRDs, resolve cases of violations of HRDs' rights,
and ensure that there will be no more criminalization, intimidation, and violence
against HRDs.
Sexual orientation and gender identity (SOGIE)
33.
The existence of SOGIE groups has been recognized by the State.31 However, the
SOGIE community in Indonesia still experiences stigmatization and discrimination.
This has an impact on attacks and violence against the SOGIE minority groups.32
Stigma is often triggered by statements by religious leaders, academics, and the
media.33
34.
Several existing regulations and policies can be used to guarantee the rights of
SOGIE.34 However, in reality they are insufficient and have not been fully understood
so their expected effect does not materialize in the implementation stage.35
35.
Recommendation: Improve education and socialization to the public and state
apparatus on the rights of SOGIE in accordance with the Yogyakarta Principles and
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