General comments made by other relevant stakeholders

3. General comments made by other relevant stakeholders

368. Franciscans International, also on behalf of Pax Romana and Dominicans for Justice and Peace (Order of Preachers), wished to acknowledge the questions raised by various States on the situation of human rights in West Papua, noting however that these questions remained unanswered and that any specific mention of West Papua was avoided in the recommendations. The organizations further encouraged Indonesia: to follow up on the recommendation to issue a standing invitation to all special procedures, including to visit West Papua; to urgently ratify the Optional Protocol to the Convention against Torture; to prosecute without delay those responsible for gross human rights violations in Timor Leste, in particular those who currently operate in Aceh and in West Papua; and welcomed Indonesia’s renewed commitment to adopting a definition of torture in the Criminal Code in accordance with the Convention against Torture. The organizations further noted that the universal periodic review has indicated to Indonesia the way to fully comply with human rights treaty standards. Indonesia must engage in a frank and open dialogue in order to address all outstanding human rights concerns, particularly in West Papua.

369. In a joint statement, the International NGO Forum on Indonesian Development and Pax Romana expressed appreciation for the universal periodic review process, noting that several important issues had been raised during the dialogue, while others were not adequately addressed by the Indonesian delegation. With regard to the voluntary commitments made by Indonesia, they regretted that Indonesia had only made one commitment to continue the socialization of the universal periodic review in cooperation with civil society and Komnas HAM. They also welcomed the recommendations made during the review which would be implemented by Indonesia to further the protection of human rights in the country. They expressed their appreciation to the Ministry for Foreign Affairs for having accepted the request to facilitate a dialogue between the Coalition of Indonesian Human Rights NGOs and various State agencies on the report of the universal periodic review on Indonesia, which was held in Jakarta on 26 May 2008 and led to the agreement to make the following two additional voluntary commitments: to incorporate a definition of torture into the Indonesian Criminal Code in accordance with the Convention against Torture; and to combat impunity by improving the legal and institutional framework in order to have a credible Human Rights Court and Truth and Reconciliation Commission to bring justice to the victims of human rights violations. They had hoped that these additional voluntary commitments would be adopted during the plenary session.

370. The Asian Legal Resource Centre welcomed the acknowledgement of many of the serious human rights concerns in Indonesia, including the need for the criminalization of torture. However, it regretted the lack of any clear agreement by the Government to take decisive, timely action concerning this issue and further regretted the lack of a commitment by the Government to address the problems of impunity and the ongoing violations in Papua as a result of the universal periodic review process. The Asian Legal Resource Centre welcomed Indonesia’s offer to include criminal investigation units from the national police in future delegations to the Council and treaty body sessions. It also expressed concern about claims in the report of the Working Group that Komnas HAM is an independent body. Concerning the outcomes on Papua, the Government had claimed an improvement in the situation of its indigenous people, but the organization noted that civil society reports from Papua starkly contradict this view. The Asian Legal Resource Centre remains seriously concerned about the security of human rights defenders and civil society organizers in the region and indicated that human rights remain a taboo in

Papua and Poso. It indicated that the role of the Attorney General’s Office in ensuring impunity remains a key obstacle in the country and regretted that the universal periodic review failed to identify the problem and make recommendations in this regard.

371. In a joint statement, the World Organization against Torture and Human Rights First noted that the report of the Working Group focuses on plans and institutions, but does not fully address their impact. Questions, responses and recommendations failed to note that the effectiveness of the National Human Rights Commission has been severely limited in recent years, due in part to an impasse with the military and Parliament. The organization further recommended that Indonesia take concrete measures to end impunity, such as legislative and executive measures to resolve the impasse at the National Human Rights Commission; to assign individual responsibility for crimes against humanity in Timor Leste; to reform the Human Rights Court system to ensure prosecution of serious past and present human rights violations; and to revise the criminal code to include a clear definition of torture and appropriate penalties.

372. Amnesty International welcomed the call made to the Government during the review to support and protect human rights defenders in Indonesia. It noted that human rights defenders in the province of Papua operate in a climate of fear and that their activities are restricted by a heavy presence of security personnel. It called on the Government to guarantee the rights to freedom of expression and assembly in Papua and Maluku provinces, and to ensure that the police and the military are aware of the legitimate role of human rights defenders and their responsibility to protect them. Amnesty International welcomed Indonesia’s commitment reaffirmed during the review to combat impunity, however it noted that despite the creation in 2000 of a human rights court to deal with gross human rights violations, the Government has failed to bring to justice those responsible for such violations.

373. On behalf of the Asian Forum for Human Rights and Developments (Forum Asia) and the Indonesian NGO coalition that submitted reports and contributed to the universal periodic review process, Forum Asia expressed their appreciation to all members and observers of the Working Group that raised critical comments reflecting the most pressing human rights issues in Indonesia. On combating extreme poverty, Forum Asia noted that the number of Indonesians living in extreme poverty has increased significantly in the last few years despite the implementation of recent policies. On the protection of minorities, Forum Asia indicated that the Coordinating Body to Monitor Beliefs within Society has become a serious threat to the protection of religious minority rights including Ahmadiyah, as it has been accompanied by a wave of violent acts by religious extremist groups who have increased attacks against religious minorities and supporters of religious pluralism over the last eight months. Forum Asia further noted that it deeply regretted the recent decision of the Indonesian Government to partially ban Ahmadiyah activities, as this might become the justification for the religious extremist group to attack the Ahmadiyah followers and pro pluralism group. Finally Forum Asia encouraged the Council and its members to closely monitor the progress made in implementing the recommendations, and to develop a concrete and measurable follow up mechanism to the review process.

374. Indonesia stated that most of the points raised by other stakeholders were sufficiently addressed in its statement. Indonesia responded to the criticism levelled at the Government by the Komnas HAM. As already stated, its legal foundation makes it one of the strongest commissions. While acknowledging that it is funded by the State budget, the Commission has never been prevented from criticizing the Government in any forum, including in this Council.

375. Concerning the criticism on the way the Government has handled the issue of Ahmadiyah, Indonesia reiterated that it has never interfered in interpreting religious doctrine or limiting religious freedom in the country. The Ahmadiyah issue is not simply a question of freedom of religion. Extra caution is needed since this issue is highly sensitive and involves dual aspects. On the one hand, the Government is responsible for promoting a harmonious life amongst religions and their believers. On the other hand, the Government is mandated to uphold law and order, and committed to eradicate extremism and radicalism.

376. In closing, Indonesia extended its gratitude to the members of the Council, observer States and other participating stakeholders for their active involvement leading up to the adoption of the Working Group report. Indonesia reaffirmed its full support to the universal periodic review mechanism and its follow up process. The exercise is intended to achieve the final objectives of, inter alia, the improvement of the situation on the ground and ensuring that the principles of universality, interdependence and indivisibility are fully upheld. It also observed that the review mechanism so far has been successful in reviewing the obligations, commitments and performance of all countries without exception, placing them all on an equal footing. The exercise has been a precious opportunity for Indonesia to take stock of its current position in human rights fields as well as a chance to test the efficiency of this mechanism. In this regard, Indonesia expressed its hope that the genuine dialogue that was shown so far will continue in good faith.

377. Indonesia hoped that the explanations provided would enhance the understanding of the complex challenges it faces in its endeavours to promote and protect human rights. In this respect, it expressed its sincere appreciation for the comments, observations, and criticisms made by the distinguished delegations of member States, observers and the national human rights institutions as well as non governmental organizations. Indonesia valued these inputs, as it considers them to be reflections of the common responsibility and the need to witness further progress in the promotion and protection of human rights in Indonesia.

United Kingdom of Great Britain and Northern Ireland

379. At its 15th meeting, on 10 June 2008, the Council considered and adopted the outcome of the review on the United Kingdom (see section C below).

380. The outcome of the review on the United Kingdom is constituted of the report of the Working Group on the Universal Periodic Review (A/HRC/8/25), together with the views of the United Kingdom concerning the recommendations and/or conclusions, as well as its voluntary commitments and its replies presented before the adoption of the outcome by the plenary to questions or issues that were not sufficiently addressed during the interactive dialogue in the Working Group (see also A/HRC/8/25/Add.1).