Internally displaced persons
(18) The Committee is concerned at the situation of refugees and internally displaced persons as a consequence of
armed conflict, especially children living in refugee camps, including Timorese children separated from their
families, who are often subject to ill-treatment (arts. 14 and 16).
The State party should take effective measures to prevent violence affecting refugees and internally
displaced persons, especially children, who should be registered at birth and prevented from being
used in armed conflict. The State party should also strengthen the measures taken to ensure safe
repatriation and relocation of all refugees and displaced persons, in cooperation with the
United Nations.
Violence against the Ahmadiyah and persons belonging to other minorities
(19) The Committee expresses its concern at incitement and acts of violence against persons belonging to
minorities, in particular the Ahmadiyah and other minority religious communities. Furthermore, there are persistent,
disturbing allegations of a routine failure to investigate such violence and the reluctance on the part of the police and
authorities to provide the Ahmadiyah with adequate protection or to conduct prompt, impartial and effective
investigations into such acts. The Committee is especially concerned that the Attorney-General has announced plans
to make public a joint ministerial decree that will criminalize the activities of the Ahmadiyah. The Committee notes
with concern the report of the Special Rapporteur on freedom of religion or belief, which refers to the State party’s
intention to prohibit Ahmadiyah activities (E/CN.4/2006/5/Add.1, para. 163); it reiterates the Special Rapporteur’s
view that “there is no excuse for the use of violence against its members”. The Committee is especially concerned
that State party officials who may authorize a decree banning the Ahmadiyah, thereby putting members of that
community at further risk of ill-treatment and physical abuse, also express the view that the Ahmadiyah must refrain
from “provoking” members of the community, in effect blaming the group at risk (arts. 2, 12 and 16).
Recalling the Committee’s general comment No. 2 (CAT/C/GC/2, para. 21), the State party should
ensure the protection of members of groups especially at risk of ill-treatment, by prosecuting and
punishing all acts of violence and abuses against those individuals and ensuring implementation of
positive measures of prevention and protection.
The State party should ensure prompt, impartial and effective investigations into all ethnically
motivated violence and discrimination, including acts directed against persons belonging to ethnic and
religious minorities, and prosecute and punish perpetrators with penalties appropriate to the nature of
those acts.
The State party should also publicly condemn hate speech and crimes and other violent acts of racial
discrimination and related violence and should work to eradicate incitement and any role public
officials or law enforcement personnel might have in consenting or acquiescing in such violence. It
should ensure that officials are held accountable for action or inaction that breaches the Convention.
The State party should give prompt consideration to expanding the recruitment of persons belonging
to ethnic and religious minorities into law enforcement, and to respond favourably to the request of the
Special Rapporteur on freedom of religion to visit the country.
Trafficking and violence against migrant workers
(20) While noting the adoption of Law No. 21/2007 on trafficking in persons, the Committee remains concerned
at the high estimates by the State party of victims of trafficking, as compared to the limited number of investigations
of such cases, and at the absence of information on prosecutions and convictions. The Committee is also concerned
at reported cases of ill-treatment of migrant workers, especially women, reportedly abused by Indonesian recruiting
companies, which often place them in situations that impair the enjoyment of their human rights while abroad,
including debt bondage, forced labour and other ill-treatment, including sexual abuse (art. 16).
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