E/C.12/IDN/CO/1
National human rights institutions
7.
The Committee is concerned that, without the obligation of public bodies to respond
to cases submitted by the National Human Rights Commission (Komnas HAM), the
complaints mechanism established under the 1999 law is ineffective in providing non-judicial
redress to victims of human rights violations.
Taking note of the announcement by the delegation of the State party of a review of
Law 39/1999 on human rights, the Committee recommends that the State party
introduce a mechanism requiring public bodies to respond to cases submitted thereto
by Komnas HAM.
8.
The Committee is concerned that the current administrative arrangement whereby the
financial resources of the National Commission on Violence against Women (Komnas
Perempuan) are managed by the executive power diminishes its independence and efficiency
(art. 2.1).
The Committee recommends that the State party grant Komnas Perempuan
independence in the administration of its resources, in line with the Paris Principles.
Corruption
9.
The Committee expresses concern that corruption, which permeates all levels of the
State party’s administration, (a) reduces the resources available for the promotion of
economic, social and cultural rights; (b) has led to violations of human rights in several
sectors, including in the extractive industry; and (c) denies redress to victims who face
corruption in the judiciary (art. 2.1).
The Committee urges the State party to intensify its effort to combat corruption and
related impunity and ensure that public affairs, in law and in practice, are conducted
in a transparent manner. It also recommends that the State party raise awareness
among politicians, members of Parliament and national and local Government officials
of the economic and social costs of corruption, and among judges, prosecutors and the
police of the need for strict enforcement of the law.
Non-discrimination
10.
The Committee notes with concern that the grounds of discrimination prohibited
under Law No. 39/1999 on human rights are not comprehensive. It is also concerned that the
law neither defines indirect discrimination nor provides for sanctions in case of violation
(art. 2.2).
The Committee calls on the State party to strengthen the legislative protection against
discrimination, including through the adoption of a comprehensive framework law, by
(a) prohibiting discrimination, including indirect discrimination, on all grounds;
(b) providing for the application of special measures to achieve equality, when
necessary; and (c) providing for penalties in the case of violation of the legislation as
well as accessible remedies and reparation for victims. The Committee refers the State
party to its general comment No. 20 (2009) on non-discrimination in economic, social
and cultural rights.
3