A/HRC/7/3/Add.7
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and throughout the mission, including human rights officers, interpreters and drivers;
Dr. Duarte Vieira, forensic doctor; and Ms. Isabelle Tschan and Mr. Roland Schmidt of the
Ludwig Boltzmann Institute of Human Rights in Vienna. In particular, he wishes to thank the
two excellent interpreters for accepting to perform functions well beyond their normal duties.
8.
On 28 January 2008, a preliminary version of this report was sent to the Government.
On 4 March 2008 the Government indicated that it will not provide any comments except for the
Note Verbal to be found in appendix 2.
I. LEGAL FRAMEWORK
A. International level
9.
Indonesia is party to the major United Nations human rights treaties outlawing torture and
other forms of cruel, inhuman or degrading treatment or punishment, including the International
Covenant on Civil and Political Rights (ICCPR), the Convention against Torture and Other
Cruel, Inhuman or Degrading Treatment or Punishment (CAT), the Convention on the Rights of
the Child (CRC), the Convention on the Elimination of All Forms of Discrimination against
Women (CEDAW), the International Convention on the Elimination of All Forms of Racial
Discrimination (CERD) and the International Covenant on Economic, Social and Cultural Rights
(ICESCR). Furthermore, Indonesia is party to the Geneva Conventions of 1949 but not the
Additional Protocols. According to section 7 (2) of Indonesia’s Law 39/1999 on Human Rights,
the provisions of international human rights treaties ratified or acceded form part of the domestic
law.
10. Indonesia has not recognized the competence of the Committee against Torture to receive
communications from other States parties as well as from or on behalf of individuals under
articles 21 and 22 of the Convention against Torture, respectively. Indonesia submitted a
reservation under article 30 of the Convention, meaning that Indonesia is not bound to settle any
disputes between States parties before the International Court of Justice. Indonesia has also not
signed OPCAT, but is committed to its ratification, as outlined in Indonesia’s National Human
Rights Action Plan (2004-2009), during the course of 2008. Indonesia is not party to the
Optional Protocols of the ICCPR and to the Convention for the Protection of All Persons from
Enforced Disappearances. Furthermore, the country has not ratified the Rome Statute, however,
it has publicly stated that it intents to do so in 2008.
B. Domestic level
1.
Constitutional protection of human rights, including the prohibition
of torture and other cruel, inhuman or degrading treatment or
punishment
11. Indonesia’s Constitution, as amended in 2002, guarantees a broad set of economic, social
and cultural as well as civil and political rights. Chapter XA, entitled “Human Rights” lists
inter alia the right to life (art. 28A), the right to education (art. 28C), and the freedom of belief
(art. 28E). It furthermore provides for the right not to be discriminated against upon any grounds
(art. 28I (2)). Article 28I (4) stresses that it is the State’s, especially the Government’s,
responsibility to protect, advance, uphold and fulfil human rights.