INDONESIA

In the context of the UPR, Amnesty International has made the following recommendations to Indonesia

Normative and institutional framework:

Revise and enact at the earliest opportunity a new Criminal Code and a new Criminal Procedure Code that comply with international human rights law and standards, and that include provisions explicitly prohibiting acts of torture. The definition of torture in the revised Criminal Code should be consistent with Article 1.1 of the UN Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment;

Ensure that the new Criminal Code and Criminal Procedure Code exclude provisions that discriminate against women or religious minorities, or criminalize peaceful dissent;

Undertake a review of all local legislation and regulations that have been put in place in the last decade to ensure their full conformity with international human rights law and standards;

Ratify the Convention for the Protection of All Persons from Enforced Disappearance and the Rome Statute of the International Criminal Court, and incorporate their provisions into domestic law and implement them in policy and practice;

Debate, enact and implement, at the earliest opportunity, a new law on truth commissions in line with international law and standards.

Human rights violations by the security forces:

Ensure prompt, thorough and impartial investigations into allegations of human rights violations by members of the Indonesian security forces, and ensure that those suspected of criminal responsibility are brought to justice in fair trials in an independent, civilian court, and that victims receive reparations;

Review the current accountability system to deal with suspected human rights violations by police officials and set up an independent police complaints mechanism that can receive and deal with complaints from the public. This mechanism should have the power to submit its findings to the Public Prosecutor.

Maternal health and sexual and reproductive rights:

Repeal all laws and regulations, at both the central and local levels, that violate sexual and reproductive rights, and ensure women and girls can realize their sexual and reproductive rights free from coercion, discrimination and the threat of criminalization;

Remove legal and policy provisions on matters related to sexual and reproductive health that discriminate on the grounds of marital status;

Repeal legal provisions criminalizing abortion in both the Criminal Code and the Health Law. In cases of unwanted pregnancy as a result of rape or where the pregnancy poses a threat to their life or health, ensure that women and girls have access to safe abortion services as currently provided in law.

Domestic workers:

Enact specific legislation regulating the labour rights of domestic workers which recognizes their status as workers and guarantees their rights in accordance with international law and standards. In particular there should be reasonable limitation on working hours; guarantees of remuneration for an adequate standard of living; clearly defined weekly rest and leave periods (annual leave, public holidays, sick leave and maternity leave); standards on termination of employment; and access to dispute resolution mechanisms, including courts. The law should also explicitly include legal provisions pertaining to the specific needs of women, in particular during and after pregnancy.

Freedom of expression and human rights defenders:

Immediately and unconditionally release all prisoners detained or imprisoned solely for the peaceful exercise of their human rights, and in particular freedom of expression and freedom of religion or belief;

Revoke or amend all laws that criminalize, or are used to criminalize, freedom of expression, in particular Articles 106 and 110 of the Criminal Code and Article 6 of Government Regulation No. 77/2007 which prohibits the display of regional logos or flags which are also used by separatist organizations;

Take effective steps to ensure that human rights violations committed against human rights defenders are promptly, effectively and impartially investigated and that those responsible are brought to justice in fair trials.

Discrimination and freedom of religion:

Revoke the 2008 Joint Ministerial Decree and all other regulations that restrict the activities of the Ahmadiyya community in Indonesia or otherwise violate their right to freedom of thought, conscience and religion;

Take effective steps to protect religious minorities, including the Ahmadiyya and Christians, from attacks and harassment.

The death penalty:

Take immediate steps towards abolition of the death penalty by declaring an official moratorium on all executions, and commute all death sentences to prison terms.

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