Indonesia:
CEDAW Committee recommends changes in law and policy to address discrimination
and violence against women
Amnesty International
Public Statement - August 3, 2012
Index: ASA 21/029/2012
Amnesty International urges
the Indonesian government to take immediate steps to implement recommendations
made by the UN Committee on the Elimination of Discrimination against Women
(CEDAW Committee) earlier this week. Failure to do so will leave women
and girls in the country at continued risk of gender-based discrimination
and violence, in violation of Indonesia's obligations under international
human rights law.
On 27 July 2012 the CEDAW
Committee, an expert group tasked with reviewing the implementation of
the UN Convention on the Elimination of All Forms of Discrimination against
Women, published its Concluding Observations after reviewing Indonesia's
progress in protecting and promoting women's rights. In the Concluding
Observations, the Committee expressed concern about a range of areas where
Indonesia is failing to meet its obligations under the Convention.
The following are some of
the recommendations made by the CEDAW Committee:
-
The Committee expressed "deep
concern" about the persistence of discriminatory laws and called on Indonesia
to ensure that the legislative framework complies with its obligations
under the Convention. The Committee recommended the repeal or amendment
all discriminatory laws at the national and local levels, within a clear
timeframe. This included in particular discriminatory provisions in the
Marriage Law (Law No. 1/1974) and bylaws adopted at the provincial level,
including those in Aceh, which restrict women's rights;
-
The Committee expressed concern
about the insufficient provision of comprehensive education on sexual and
reproductive health and rights, which is limited to married couples. It
recommended that the government provide education on sexual and reproductive
health and rights, including for unmarried women and domestic workers;
-
The Committee expressed deep
concern about what it described as Indonesia's "serious regression" with
regard to the practice of female genital mutilation. It recommended that
the Indonesian authorities take immediate steps to withdraw a 2010 regulation
authorizing certain medical practitioners to conduct "female circumcision"
and to adopt legislation which criminalizes female genital mutilation.
It requested the government to provide written information on steps taken
to implement this recommendation within two years;
-
The Committee called for the
Indonesian government to adopt, within a clear timeframe, a Domestic Workers
Protection Law which includes provisions relating to a minimum wage, overtime
pay, the regulation of number of hours worked per day, a weekly day of
rest and social security. The Committee also called on the Indonesian government
to immediately ratify the ILO Domestic Workers Convention (No. 189);
-
The Committee reiterated its
"deep concern" about ongoing violence, abuse and exploitation experienced
by Indonesian women migrant workers. It recommended that the Indonesian
government take steps to strengthen inspection and monitoring of recruitment
agencies and training centres and to ensure that penalties are imposed
on companies that fail to respect the rights of those they recruit. The
Committee further called on the Indonesian government to bring to justice
all those found to be engaged in illegal recruitment processes, including
those who traffic migrant women for forced labour and sexual exploitation
purposes; and
-
The Committee called on Indonesia
to take effective steps to deliver justice, truth and reparation to women
who were victims of human rights violations during past conflicts including
in Aceh and Timor-Leste (formerly East Timor). It called on the Indonesian
government to investigate, prosecute and punish acts of violence against
women, including acts of sexual violence, and to provide them with full
and effective reparation. The Committee recommended that this include comprehensive
measures to provide medical and psychological support to women victims
of violence.
Many of these recommendations
echo calls by civil society and human rights organizations. Amnesty International
believes that if effectively implemented, they would improve the situation
of women and girls in the country.
Amnesty International submitted
a shadow report entitled Briefing to the UN Committee on the Elimination
of Discrimination against Women (Index: ASA 21/022/2012) to the CEDAW Committee
in June 2012. In the report Amnesty International highlighted a number
of concerns relating to gender-based discrimination and violence against
women in Indonesia.
The CEDAW Committee's Concluding
Observations can be accessed via the following link: www2.ohchr.org/english/bodies/cedaw/docs/co/CEDAW-C-IDN-CO-6-7.pdf.
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