E/C.12/IDN/CO/1
The Committee recommends that the process of privatization of higher education is
accompanied by measures for ensuring that it remains equally accessible to all, on the
basis of capacity. The Committee refers the State party to its general comment No. 13
(1999) on the right to education.
Masyarakat Hukum Adat
38.
The Committee is concerned at the absence of an effective legal protection framework
of the rights of Masyarakat Hukum Adat due to inconsistencies in relevant legislative
provisions (arts. 15 and 2.1).
Referring to the State party’s statement that it would make use of relevant principles
contained in the United Nations Declaration on the Rights of Indigenous Peoples, the
Committee urges the State party to expedite the adoption of the draft law on the rights
of Masyarakat Hukum Adat and ensure that it:
(a)
Defines Masyarakat Hukum Adat and provides for the principle of selfidentification, including the possibility to self-identify as indigenous peoples;
(b)
Effectively guarantees their inalienable right to own, develop, control and use
their customary lands and resources;
(c)
Define strong mechanisms for ensuring the respect of their free, prior and
informed consent on decisions affecting them and their resources, as well as adequate
compensation and effective remedies in case of violation.
The Committee also recommends that the State party undertake to harmonize existing
laws according to the new law on the rights of Masyarakat Hukum Adat and ratify the
ILO Convention on Indigenous and Tribal Populations, 1989 (No. 169).
39.
The Committee is concerned at provisions of recently adopted Law No. 18/2013 on
Prevention and Eradication of Forest Destruction as well as other laws in force in the State
party which contravene the Decision 35/PUU-X/2012 of the Constitutional Court on the right
of ownership of customary forests by Masyarakat Hukum Adat. It is further concerned that,
while the State party has granted concessions on forested land to develop palm oil plantations,
members of Masyarakat Hukum Adat have reportedly been arrested on the basis of the Law
No. 18/2013 (arts. 15 and 1.2).
The Committee recommends that, as a priority for the implementation of the Plan of
Action of the Joint Agreement for the Acceleration in the Determination of Forest
Regions, the State party:
(a)
Amend all legislative provisions which are incompatible with the Constitution
Court Decision 35/PUU-X/2012, including those contained in the Law 18/2013 on
Prevention and Eradication of Forest Destruction, and take steps for the review of
decisions against members of Masyarakat Hukum Adat based thereon; and
(b)
Identify and demarcate customary lands and forests, resolve disputes thereon, in
consultation with representatives of Masyarakat Hukum Adat and the national human
rights institutions.
Languages
40.
The Committee is concerned that a number of languages in the State party are at risk
of disappearance, in spite of the measures taken by the Language Development Agency
(art. 15).
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