Toward One Year of Implementations of the Recommendations of the Committee Against Torture by Indonesia

1267950727_CF_WGAT_FOLLOW_UP_FULL_ENGLISH_FINAL_EDIT_250210Alternative Follow Up Report on the Progress of the Implementation of the Recommendations Made by the Committee Against Torture to Indonesia: Toward One Year of Implementations of the Recommendations of the Committee Against Torture by Indonesia

On 16 May 2008, the Committee against Torture (hereinafter “Committee”) issued its Concluding Observation on the Second Periodic Report of the Government of Indonesia (hereinafter “GoI”), which was submitted and discussed in the 40th session of the Committee in May 2008. There were twenty-seven recommendations for actions to be taken by the GoI in order to improve its performance in the protection of persons and the prevention of the practice of torture in the country. Out of twenty-seven recommendations, there were six recommendations which shall be implemented and reported back to the Committee after one year. These were recommendations contained in paragraphs 10, 15, 19, 20, 21 and 25.

This alternative follow-up report comprises the alternative account on the implementation of several recommendations addressed by the Committee to the GoI, with a particular focus on those contained in paragraph 43 of the Concluding Observations (CAT/C/IDN/CO/2). The present report was drafted by representatives of Indonesian civil society that joined the Working Group on Advocacy against Torture (hereinafter “WGAT”), whose first shadow report was submitted to the Committee for the review of Indonesia in May 2008.

The GoI was requested by the Committee to send information by May 2009 on recommendations contained in paragraphs 10, 15, 19, 20, 21 and 25. However, since the GoI never transmitted this information, the Committee sent a letter reminding its obligations to the GoI in November 2009.

Overview of the implementation of the recommendations (extracts from OMCT follow-up mission report, February 2009): 1) The Government does not consider torture as a priority requiring its action. And the fact that 2009 was a year of national elections (Parliamentarian in April and Presidential in July) should not be considered as a good reason justifying inaction; 2) The recommendations of the Committee are not the base for Government’s action to combat torture issues. Any action of this kind is rather based on the national human rights action plan 2004-2009. It was stressed that the next human rights action plan or National Plan of Action on Human Rights (RANHAM) 2010 should reflect the Committee’s recommendations (as well as other recent recommendations by other UN bodies and mechanisms). The implementation of the recommendations by relevant governmental departments mainly depends on their diffusion and explanation by the Ministry of Foreign Affairs (MoFA). This finally came out almost one year after the examination of Indonesia by the Committee against Torture: recommendations have been included in a compilation of UN recommendations by the MoFA. This compilation is a good idea but it considerably slowed down the process. Therefore, when some of the recommendations are being implemented, this is part of a national policy that was decided before the examination by the Committee; 3) Many of the recommendations are being implemented by other actors such as National Human Rights Institution (NHRI), Non- Governmental Organisations (NGOs) and international organisations. This is particularly the case for the dissemination of information, sensitisation and awareness-raising of selected public, training of relevant professionals and protection and rehabilitation of the victims.

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