CAT/C/IDN/CO/2
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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).
The State party should take all necessary measures to implement the current laws
combating trafficking and provide protection for victims and their access to medical,
social rehabilitative and legal services, including counselling services, as appropriate.
The State party should also create adequate conditions for victims to exercise their