Submission with regard to the UPR mechanism Submitted by the Indonesian National Human Rights Commission Related to Indonesia for the 1st session scheduled in April 2008 Introduction 1. As mentioned in the Annual Report of the Indonesian National Human Rights Commission (hereafter the Commission) 2005, the Commission acknowledged the importance of the new mechanism namely “Universal Periodic Review (UPR)” of the United Nations Human Rights Council. Thus the Commission considered that it is important for the Commission to submit information on human rights situation in Indonesia with regard to the review of Indonesia under the UPR mechanism to be held in April 2008. Methodology 2. The Resolution 5/1 stated that the submission should be developed “through a broad consultation process….”, thus the Commission involved in many NGOs meetings and discussions related to UPR mechanism and, together with NGOs conducted a consultation in which the Government, among others are the Department of Law and Human Rights, Department of Foreign Affairs, Department of Home Affairs, the Office of Attorney General, the Office of the Coordinating Ministry of Politics, and The Indonesian National Army and other National Institutions. In developing this submission the Commission also written input from other National Institutions, i.e. The National Commission on Violence against Women. Normative and Institutional Framework 3. The Commission was aware that the year 2005 - 2006 could be considered as a new era for human rights promotion in Indonesia. Particularly, in October 2006 Indonesia had ratified the International Covenant on Economic, Social and Cultural Rights (ICESCR, 1966) and the International Covenant on Civil and Political Rights (ICCPR, 1966). Both instruments are considered as the International Bills of Rights for the promotion and protection of human rights all over the world. Nevertheless, it should be noted that, Indonesia has not yet ratified the Optional Protocol of the International Covenant on Civil and Political Rights. 4. The Commission noted that Indonesia has also ratified and acceded to a number of international human rights instruments including, the Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment, the Convention on the Elimination of all Forms of Discrimination against Women, the Convention on the Rights of the Child, the Convention on the Elimination of Racial Discrimination, and all core conventions of the International Labor Organization. The Commission, however, concluded that there were no significant changes in the enforcement of rule of law and human rights in Indonesia. Many of international human rights instruments ratified by Indonesia have yet fully implemented. The Government has not yet conducted harmonization and socialization as the initial measure post-ratification period. 5. The Commission appreciated the enactment of several laws which is conducive for the human rights promotion and protection, particularly human rights of women. The laws, among others, are The Law No. 23/2004 on the Elimination of Domestic Violence, the Law No. 21/2007 on the Suppression of the Crime of Trafficking in Person, the Law No. 12/2006 on Citizenship, the Law No. 13/2006 on the Witness and Victim Protection. In this regard, it should be noted that the Police established a Unit of Women and Children Service to protect and handle cases of women and children. 6. Bearing in mind that under the Act No. 26/2000 on Human Rights Court, the Commission is the only institution to conduct the inquiry. The Commission, however, give emphasize to