A/HRC/8/23
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cooperation with treaty bodies. China also recognized some difficulties and requested Indonesia to
comment on measures it has taken and/or intends to take with respect to the eradication of extreme
poverty and results achieved, and to address the issue of unequal pay between men and women.
41. Germany commended Indonesia on its NHRAP (2004-2009) noting that it can be a platform
to address shortcomings in a systematic and transparent manner, and requested information on
provisions to end impunity and to guarantee effective prosecution of human rights violations. It
requested information on (a) how the issue of the crime of torture is addressed in the draft Criminal
Code; (b) what progress has been made with respect to upgrading CRC ratification and the
ratification of its two optional protocols; (b) concrete measures envisaged to guarantee effective
habeas corpus, and especially to grant detainees access to legal counsel and medical care; and (d)
how violence against women is treated in the Criminal Code. Germany further noted that according
to several special procedures mandate holders, the human rights situation in Papua and the situation
of those who raise issues of human rights violations are issues of concern. It asked which measures
Indonesia intends to take, including at the local level, to address the situation in Papua and to
address also the underlying causes such as poverty and the high rate of unemployment. Germany
also asked what measures can be taken by the authorities to protect human rights defenders who are
threatened for their activities and if there are any plans to appoint a special contact person for
human rights defenders at the provincial level.
42. South Africa noted the efforts of Indonesia, as the largest Muslim nation, to achieve social
cohesion, instilling tolerance among its people and promoting unity, which is unprecedented and
could indeed serve as a best practice. It requested further information on approaches taken to deal
with competing priorities while protecting vulnerable groups from violations, such as trafficking,
particularly during the tsunami. South Africa also requested information on the measures aimed at
tackling illiteracy, particularly within the context of the first and second National Action Plans and
progress achieved so far.
43. Japan noted a series of amendments to Indonesia’s laws and regulations, including to the
Constitution and the Criminal Code. It highlighted the process of establishing internal institutions
such as the Constitutional Court and of human rights commissions all around the country. This
could be an excellent model for similar developing countries. Japan noted that they share the
concerns noted in the national report regarding the need for protecting children from forced
exploitation. It highlighted Indonesia’s efforts to strengthen the mandatory education system, to
prevent child abuse and to eradicate child labour. It asked whether Indonesia considers it useful to
ratify the two optional protocols to CRC. Noting efforts to combat human trafficking, including of
women and children, as reflected in the national report, Japan enquired about regional cooperative
measures needed to complement and coordinate Indonesia’s efforts in this field.
44. Kuwait confirmed that Indonesia has fully recognized the need to observe economic, social
and cultural rights and welcomed measures adopted in this regard, confirming Indonesia’s
cooperation with international mechanisms. It paid tribute to Indonesia’s efforts on regional
initiatives, particularly through the organization of a human rights workshop in July 2007 which
Kuwait participated in, culminating in the Bali Plan of Action which confirms the need to combat
poverty. Kuwait asked about the level of women’s’ participation in political parties and electoral
commissions.
45. Keeping in mind progress made by Indonesia, in particular with regard to the harmonization
of legislation, gender equality, the democratization process and the protection of specific groups,
Mexico recommended that Indonesia consider withdrawing its reservations to CRC and, as part of
efforts to strengthen the judiciary, to consider possible amendments to the Criminal Code to include
torture as an offence in keeping with international standards. Noting that both Indonesia and
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