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Human Rights Council adopts outcome of universal periodic review on reports on Indonesia, United Kingdom, India and Brazil

United Nations Press Release - June 10, 2008

The Human Rights Council this morning adopted the outcome of the Working Group of the Universal Periodic Review on the reports on Indonesia, the United Kingdom, India and Brazil.

Concluding the consideration of the outcome on the report on Indonesia, which began on 9 June in the afternoon, non-governmental organizations raised issues concerning West Papua and Timor Leste. They encouraged the Government to proceed with the redefinition of torture in the criminal code in accordance with the Convention against Torture

Speaking on the report on Indonesia was the Indonesian Human Rights Commission, Egypt, Franciscans International, International Non-Governmental Organizations Forum on Indonesian Development, Asian Legal Resource Centre, World Organization Against Torture, Amnesty International, and Asian Forum for Human Rights and Development, also speaking on behalf of the Indonesian NGO Coalition.

Continuation of Consideration of Outcome of Universal Periodic Review for Report on Indonesia

Hesti Armiwulan, of Indonesian National Human Rights Commission (Komnas HAM), welcomed the conclusions in the report, but noted that the question on the role of the Commission and its independence was not sufficiently addressed. The Committee on the Rights of the Child and the Committee on the Elimination of Racial Discrimination had observed the insufficient impartiality and independence of the Commission. It was regretted that the issue on the protection of religious minorities had not been properly responded to by the Indonesian delegation. Further efforts to combat impunity should be undertaken.

Amr Roshdy Hassan (Egypt), speaking on behalf of the African Group, said the African Group welcomed the participation of civil society in the Universal Periodic Review. The discussion or comments made should be made only on the outcome. The African Group supported the ruling of the Chair and that interventions should focus on the outcome of the Universal Periodic Review. Paragraph 30 was as essential as paragraph 31 and neither could be read or viewed without the other. Comments made out of the aforementioned parameter should not be published in text or on the Internet.

Michael Mutzner, of Franciscans International, in a joint statement with Dominicans for Justice and Peace; et Pax Romana, said questions about West Papua, which were in the adopted report after changes were made to the original report and were raised by various Member States, remained unanswered. Franciscans International encouraged the Government to extend invitations to all United Nations Special Procedures, especially concerning West Papua. It called on the Government of Indonesia to not delay any further the adoption of a definition of torture in the Criminal Code, in accordance with the Convention against Torture. The Government should urgently ratify the Optional Protocol to the Convention against Torture. The Government must in accordance with its international organizations prosecute those responsible for gross violations on human rights in Timor Leste.

Atnike Sigiro, of International NGO Forum on Indonesian Development, in a joint statement with Pax Romana, said that despite the continuing practice of political blocking of views presented by some members of the Universal Periodic Review Working Group, they had appreciated the work of the Working Group. Several human rights issues had been raised during the process, such as impunity, indigenous peoples and the situation in Papua. However, there had been several questions that had not been adequately addressed. Additional voluntary commitments should include the incorporation of torture as a gross violation of human rights into the criminal code and to combat impunity by improving the legal institutional framework in order to have a credible human rights court.

Norman Voss, of the Asian Legal Resource Centre, welcomed the acknowledgement of many of the serious human rights concerns in Indonesia within the Universal Periodic Review process, including the need for the criminalization of torture. The Asian Legal Resource Centre regretted the lack of any clear agreement on the part of the Government to take decisive, timely action concerning this issue and further regretted the lack of commitments by the Government to address the problems of impunity and the ongoing violations in Papua as a result of the Universal Periodic Review process. The Centre welcomed the offer to include criminal investigation units from the national police in future Council and treaty body sessions.

Rolin Wavre, of World Organization against Torture, in a joint statement with Human Rights First, said the report of Indonesia focused on plans and institutions and not on their impact. The Indonesia Human Rights Commission had been severely limited in recent years due to an impasse between the military and parliament. The Truth and Friendship Commission was unable to assign individual responsibility or recommend prosecution. The Government should adopt the criminal code to have a clear definition of torture and appoint appropriate penalties. The authorities should take measures to end impunity. Perpetrators of human rights violations had been promoted. The Government should protect human rights defenders. Law 13 of 2006 on Protection of Witnesses and Victims should be fully funded.

Marianne Lilliebjerg, of Amnesty International, welcomed the call on the Government to support and protect the work of human rights defenders. In Papua they worked in a climate of fear and their work was hampered by security personnel. The Government was called upon to guarantee the rights to freedom of expression and assembly in the Papua and Maluku provinces and to ensure that the police and military were aware of the legitimate role of human rights defenders and their responsibility to protect them. The Government had consistently failed to bring to justice those responsible for gross human rights violations. The Government must ensure that full and independent investigations were carried out.

Rafendi Djamin, of the Asian Forum for Human Rights and Development, also speaking on behalf of the Indonesian NGO Coalition, said that they appreciated all members of the Working Group that raised critical comments reflecting the most pressing human rights issues in Indonesia. Electoral democracy and decentralisation programmes had been manipulated in Indonesia to create new oligarchies of power at the district and provincial levels, which had emerged as the greatest impediments to the full realisation of human rights at the local level. The number of Indonesians living in extreme poverty had increased significantly in the last few years despite the implementation of some pro-poor policies. They deeply regretted the decision of the Indonesian Government on June 9 2008 to partially ban Ahmadiyah activities which violated the Indonesian Constitution and the International Covenant on Civil and Political Rights. This decision would become the justification for religious extremist groups to attack the Ahmadiyah followers and pro-pluralism groups. They urged the Government of Indonesia to implement the recommendations contained in the Working Group report, in addition to the recommendations made by all United Nations human rights bodies.

I Gusti Agung Wesaka Puja, Permanent Representative of Indonesia to the United Nations Office at Geneva, extended his gratitude to participating stakeholders for their active involvement leading to the adoption of the report of the Universal Periodic Review Working Group. Indonesia valued the inputs during the discussion, including those of civil society. Most of the points raised had been sufficiently addressed in Indonesia's previous statement. The National Human Rights Commission was a strong commission. It was funded by the State but had never been prevented from criticising the Government in any forum, including the Human Rights Council. The Ahmadiayah needed extra caution. The Government had never intervened in interpreting religious doctrine or limiting religious freedom in the country. Indonesia fully supported the Universal Periodic Review. The Universal Periodic Review placed all countries on an equal footing. The exercise was an opportunity for the Government to take stock of the current position in the human rights field as well as a chance to test the efficiency of this mechanism.

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