E/C.12/IDN/CO/1
(a)
Guarantee legal assistance to communities during consultations on extractive
projects affecting them and their resources with a view to ensuring their free, prior and
informed consent;
(b)
Ensure that license agreements are subject to monitoring of human rights and
environmental impact during the implementation of extractive projects;
(c)
Guarantee legal assistance to communities lodging complaints about allegations
of human rights violations, thoroughly investigate all allegations of breach of license
agreements, and revoke licenses, as appropriate;
(d)
Ensure that tangible benefits and their distribution are not left solely to the
voluntary policy of corporate social responsibilities of companies, but are also defined
in license agreements, in the form of employment creation and improvement of public
services for local communities, among others;
(e)
Engage in constant dialogue with human rights defenders, protect them from
acts of violence, intimidation and harassment, and thoroughly investigate all allegations
of reprisals and abuse so as to bring perpetrators to justice.
Land tenure
29.
The Committee expresses concern about the large number of land disputes and cases
of land-grabbing in the State party. It is also concerned that regulations such as Presidential
Regulation 65/2006 on Procurement of Land for Realizing Development for Public Interest
render individuals and communities vulnerable to land-grabbing as only 34 per cent of land
in the State party is certified. Similarly, the Committee is concerned that court decisions on
land cases have been primarily made on the basis of the existence of titles. Furthermore, the
Committee expresses concern at the prohibitive cost of titling that has accompanied the
settlement of land disputes (arts. 1.2, 2.2 and 11).
The Committee urges the State party to adopt a land policy which (a) establishes an
institution tasked with the oversight of settlement of land disputes; (b) promotes
settlement approaches that take into account the fact that land titles are not always
available; (c) reviews relevant laws and regulations which make individuals and
communities vulnerable to land-grabbing; (d) facilitates the titling of land without
prohibitive procedural costs; (e) secures the involvement of the national human rights
institutions and the civil society.
Forced evictions
30.
The Committee is concerned at reports of forced evictions without adequate reparation
nor alternative housing, including in the context of development projects. It is also concerned
that, under the State party’s legislation, evictions may be carried out even if they render
tenants homeless (art. 11).
The Committee calls on the State party to bring its legislation on forced evictions into
line with international standards, including by (a) ensuring that evictions are only used
as a last resort; (b) strictly defining the circumstances and safeguards under which
evictions can take place; and (c) ensuring that victims of forced evictions are provided
with adequate alternative housing or compensation and have access to effective
remedies. The Committee refers the State party to its general comment No. 7 (1997) on
forced evictions and to the Basic Principles and Guidelines on Development-based
Evictions and Displacement (A/HRC/4/18).
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