E/C.12/IDN/CO/1
(b)
Strengthen the legislation on violence against women including by penalizing all
forms of sexual violence;
(c)
Take the necessary measures for ensuring access to remedies for victims,
including in remote areas;
(d)
Allocate the necessary financial resources at the provincial and district levels for
the effective delivery of the Minimum Standards of Services, and expedite the
establishment of shelters for victims of violence;
(e)
Improve the institutional coordination and the monitoring of MSS
implementation plans.
Female genital mutilation
25.
The Committee is concerned that female genital mutilation (FGM) is practiced in the
State party. Moreover, while noting the information provided by the State party that a law
prohibiting FGM was enacted in 2014, the Committee is concerned that an earlier prohibition
of the performance of FGM by medical personnel was reversed by regulation No.
1636/MENKES/PER/XI/2010 (art. 10).
The Committee urges the State party to effectively enforce the prohibition of FGM. The
Committee also calls on the State party to raise awareness of the prohibition of FGM
and to conduct culturally sensitive education campaigns against FGM.
Water and sanitation
26.
The Committee is concerned that, in rural areas, approximately one quarter of the
population does not have access to safe drinking water and that open defecation is still widely
practiced, in spite of the implementation of the National Policy for Community-Based Water
Supply and Environmental Sanitation (arts. 11 and 12).
The Committee calls on the State party to strengthen efforts for the improvement of
access to safe and clean drinking water and to improved sanitation, particularly in rural
areas. The Committee refers the State party to its general comment No. 15 (2002) on
the right to water and to its statement on the right to sanitation (E/C.12.2010/1).
Mining and plantations sectors
27.
The Committee expresses concern at violations of human rights in the mining and
plantations sectors, including the right to livelihood, the right to food, the right to water,
labour rights and cultural rights. It is also concerned that the free, prior and informed consent
of affected communities is not always sought in these projects, including under Law 25/2007
on Investment. Moreover, even in cases where consultations of affected communities have
taken place, their informed decisions have not been guaranteed.
28.
The Committee is concerned at the lack of an adequate monitoring of the human rights
and environmental impact of extractive projects during their implementation. In many cases,
affected communities have not been afforded effective remedies and have, along with human
rights defenders working on these cases, been subject to violence and persecution.
Furthermore, it is concerned that these projects have not brought about tangible benefits for
local communities (art. 1.2, 2.2, 11).
The Committee calls on the State party to review legislation, regulations and practices
in the mining and plantations sectors and:
9