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Summary: A compilation of extracts featuring child-rights issues from the reports submitted to the second Universal Periodic Review. There are extracts from the 'National Report', the 'Compilation of UN Information' and the 'Summary of Stakeholders' Information'. Also included is the list of accepted and rejected recommendations. Indonesia – 2nd Session – 2012 Scroll to: Summary of Stakeholders' Information Accepted and Rejected Recommendations (Read about the first review cycle) 10. The Indonesian Government continues to strengthen and support its institutional framework dealing with human rights, including the existing human rights institutions such as Indonesian National Human Rights Commission/Komnas HAM, National Commission on the Elimination of Violence against Women and National Commission for Children’s Protection, as well as the Ombudsman of the Republic of Indonesia6 and National Police Commission. These institutions serve, among others, as the monitoring agencies related to the judicial, legislative and executive institutions’s performances. 14. Specific human rights education and trainings targeted to members of the national and provincial/district committees on the implementation of human rights National Action Plan, as well as those conducted by relevant ministries/institutions, have been and will continue to be carried out. These programs have been categorized by audience, which are composed of trainers, facilitators, civil service police units, police officers, teachers, and community leaders among others; and thematic issues, such as conflict resolutions, refugees’ rights, children and women’s rights, reproductive health and right to health; elimination of domestic violence, trauma healing, and right to safe drinking water. These activities are conducted by the Government in collaboration with national human rights commissions, educational institutions, civil society organizations, as well as with international partners. 16. Numerous human rights education and trainings for police8 and military officers have also been accomplished and will continue to be the Government’s priority. Human rights-based curricula have been introduced and instigated at all level of education, both for police and military officers.10 Other stakeholders, including National Commission of Children’s Protection and relevant international organization/donors have collaborated in this area as well. 19. The Government of Indonesia remains highly committed to the implementation of the recommendation on the ratification/accession of international human rights instruments, namely the Statute of the International Criminal Court (ICC); Optional Protocol of the Convention on the Rights of the Child on the involvement of children in armed conflict and on the sale of children, child prostitution and child pornography; Optional Protocol of the Convention against Torture; and to consider signing the Convention on Enforced Disappearance as recommended by the Working Group of UPR in 2008. These have been reflected in the third National Action Plan on Human Rights for the period of 2011–2014. 21. On the ratification of the Optional Protocol of the Convention on the Rights of the Child on the involvement of children in armed conflict and on the sale of children, child prostitution and child pornography, the process has reached its final stage and it will continue to be the Government’s priority. The Government has completed the Bill and submitted it to the Parliament for further consideration. It is expected that the Bill will be considered by the Parliament in 2012. 33. The Government also supports initiatives by the National Commission on the Elimination of Violence against Women/Komnas Perempuan and the National Commission on Children’s Protection/Komisi Perlindungan Anak Indonesia (KPAI) to work towards recognizition as NHRIs through enhancing understanding and awareness among all stakeholders. 35. In terms of strengthening the cooperation on the rights of the child, the Ministry of Women Empowerment and Child Protection (MoWECP) continuously works together with the Police, Attorney General Office, and District Courts, in ensuring the implementation of restorative justice while addressing children in conflict with law. Partnership and cooperation with other relevant ministries, NGOs, and Indonesian members of ASEAN Commission for Women and Children have also been conducted. 36. On the same issues, KPAI, as a Commission established to strengthen child protection, have also cooperated with various international institutions for capacity building, including with international organizations on child protection with system based approach. Trainings, workshops and similar activities were conducted to urge provincial governments to issue policies supporting the protection on rights of the child. KPAI also establishes regional cooperation in Asia Pacific on specific issues such as abandoned children, foster children, children in conflict with the law, violent acts by adults or children etc. KPAI also developed a Monitoring Mechanism and Citizens Complaint Mechanism in collaboration with the NGOs. 38. Moreover, Indonesia actively supports various efforts in sharing best practices in the promotion and protection of human rights at the regional and multilateral level, in particular in the framework of ASEAN and UN. Alongside other ASEAN country members, Indonesia has established the ASEAN Inter-Governmental Commission on Human Rights (AICHR) and ASEAN Commission on the Promotion and Protection of the Rights of Women and Children (ACWC). Regional dialogues and meetings regarding the issues of women, children, migrant workers, disabilities, and many more, involving government representatives and NGOs, have also been conducted in this framework. 57. Recently, there are robust public debates, including in public media and TV shows, on cases involving the right to justice of the poor, rooted between procedural justice and the community sense of justice. Cases at hand are, for examples, the theft of three cacao peanuts by an old lady in Banyumas, theft of a pair of sandals by a 15 year-old in Palu, and the theft of 1 kilo oxtail and 6 plates by an elderly domestic helper in Ciputat. Those cases exemplified the dilemma of pursuing justice in its real terms, especially after being exposed in the media. The Government then formulated policies to best deal with the petty crimes cases by finding alternative dispute settlement mechanisms, including the establishment of joint secretariats of the law enforcement agencies in 28 provinces in January 2012. 64. In ensuring the fulfillment of the right to education and in line with the national goal to achieve the Millennium Development Goals for primary education and literacy, the Government continues implementing the free nine years compulsory educational program for all citizens within the age of 7 to 15 years old to have elementary and junior high school education, as regulated in Law 47/2008 on Compulsory Education. By 2012, this Program will be extended up to 12 years of compulsory education as an effort to fulfill access of the citizens to education. Until recently, Net Enrollment Rate (NER) in Indonesia has achieved 95.23%, while the literacy rate of the 15-24-year-old (men and women) reached 99.47% in 2009. 65. Nevertheless, challenges remain in ensuring the access to education for all. Poverty prevents people, especially boys and girls, from completing their basic education which results in high drop-out rate in certain areas. Moreover, the quality of education has to be constantly improved, including by providing trainings in order to have highly qualified teachers and formulating relevant, high-quality curricula. Adequate infrastructures and teaching-learning facilities, particularly in poor, underserved, and remote areas, need to be equally provided as well. 66. Therefore, in order to address those challenges and further support the implementation of nine years compulsory education as well as ensuring the access to quality education for all, Indonesia issued the School Operating Fund (Bantuan Operasional Sekolah/BOS) in lieu with Governmental Regulation No. 17/2010 on Education Management and Establishment, and Governmental Regulation No. 48/2008 on Education Funding. Similarly, Operational Assistance for School Books and Scholarships for Poor Children have also been implemented. These pro-poor education financing mechanisms provide financial incentives given directly to elementary and junior schools to assist students with financial problems in order to be able to finish the nine years compulsory education. In the 2012 State Budget (APBN), the Government increased the fund allocation for BOS up to Rp 23 billion from Rp 16.8 billion, and the total education fund increased to Rp.288.95 billion or 20% from the 2011 State Budget. This policy of allocating 20% of the national budget for education sector will be continued to accelerate the achievement of universal junior secondary education by 2015. 76. The Government has always given extra attention in the efforts of addressing Maternal Mortality Rate (MMR) and Infant Mortality Rate (IMR). It has become top priorities within the third Action Plan as well as National Mid Term Development Plan 2010-2014, which aim at improving communities’ access to health services, in order to increase life expectancies and decrease both IMR and MMR. 78. Furthermore, in achieving the Millenium Development Goals (MDGs), mainly goals 5 and 6, the Government had established Delivery Insurance Program (Jaminan Persalinan/Jampersal), which gives financial guarantee for all uninsured pregnant women and women in need of having basic health services facilities. Jampersal includes antenatal services, delivery assistances by health personnel, and postpartum services, including family planning, newborn care and exclusive breastfeeding counseling. 79. The latest statistics (2007 Indonesia Health Demography Survey21) shows that Indonesia MMR is 228 lives per 100.000 live births. Inadequate health facilities and personnel in the districts and villages mainly cause the high number of MMR. Indonesia targets to reduce MMR to 102 lives per 100.000 live births by 2015, as part of its efforts to achieve the MDGs. For that reason, in 2010, the Government, together with NGO’s and civil societies at the national and international level, and ten provincial governments with the worst MMR and IMR, launched the 2010 Mother and Child Movement. This Movement is aimed at integrating all governmental and society’s elements in its effort to reduce MMR level in Indonesia. 80. Moreover, the Government has also improved facility-based outreach services by increasing the quality and number of community health centers; implementing Basic Neonatal Obstetrics Emergency Service (BNOES) at community health centers and Comprehensive Neonatal Obstetrics Emergency Services (CNOES) at general hospitals; building maternal and infant hospitals; as well as revitalization of integrated local health service centers . 86. The Presidential Instruction No. 9/2000 has been followed-up by various governmental institutions at all levels, including the enactment of the Joint Decision of the Minister of Women Empowerment and Child Protection (MoWECP) with other ministers to integrate gender issues into the planning, executing, monitoring and evaluating processes of the policies, programs and activities of the national development. 89. In the field of education, Gender Mainstreaming Program has been implemented in all 33 provinces of Indonesia, and resulted in, among others, the increase of female enrollement in the elementary schools, junior high schools, and senior high schools, reaching 13.018.152 (48.4%), 4.428.568, and 2.037.957 respectively. 90. In implementing further Law on the Elimination of Domestic Violence and ensuring the protection of women from violence, the Indonesian Government has established Integrated Service Centre for the Empowerment of Women and Children (P2TP2A) in 18 provinces and 113 districts/cities in Indonesia. In addition, the Indonesian National Police (INP) has issued the Chief of INP’s Regulation/Perkap No. 10/2007 on the Organisation and Work of the Women and Children Service Unit in the Indonesian National Police, and Perkap No. 3/2008 on the Establishment of Special Service Unit for victims of crime, including human rights violation, as well as women and children. 91. To strengthen state apparatus’ capacity in addressing the issue of violence against women as well as children, Minister for Women Empowerment and Children Protection (MoWECP) Regulation No.1/2010 on the Minimum Service Standard on Integrated Service for Women and Children Victims of Violence was issued. Five types of services are provided for the victims, comprising complaint handling; health service; social rehabilitation; legal aid and law enforcement; repatriation and social reintegration. 94. Indonesia guarantees that every child entitles to be protected regardless of its race, skin color, gender, language, religion, social status, and wealth, as stipulated in the Constitution and several laws. In Indonesia, child’s protection commences from the very early stage of life starting from the womb. 95. The Government has launched the National Program for Indonesian Children/PNBAI and Child Social Welfare Program/PKSA, which were created through the enactment of Minister for Social Affairs Decree No. 15/2010, and targeted to be completed in 2015. A variety of social service programs to ensure the rights to protect and fulfill child’s basic needs are provided through subsidies, easy access to social services as well as strengthening social welfare institutions for children. 96. In addition, the Child Friendly City program, which was initiated in 2006, is still continuously developed and progressed. Until now, 60 districts/cities are categorized as Child Friendly Cities, after fulfilling certain indicators such as wide acess to obtain administrative documents like birth certificate, effective child protection mechanism, and the availability of public playgrounds, basic health and welfare facilities. By 2014, the Government is aiming at having 100 Child Friendly Cities all over Indonesia. 97. Furthermore, the Government launched the National Action Plan on Child Abuse Prevention/RAN PKTA on 19 March 2010, which was based on the Minister for WECP Regulation No. 2/2010. This National Action Plan involves all related ministries and institutions and currently, it has been implemented in 3 provinces and 7 districts/cities. 98. In order to promote and protect the rights of children with special needs, the Government, has launched Minister for WECP Regulation No. 10/2011 on Policies of Addressing Issues of Children with Special Needs. 99. Indonesia is also actively participated in the promotion and protection of the rights of the child within ASEAN through AICHR (ASEAN Intergovernmental Commission on Human Rights) and ACWC (ASEAN Commission for the Promotion and Protection of the Rights of Women and Children) in particular. Thus, during the 17th ASEAN Summit in 2010, leaders of ASEAN, including Indonesia, released Hà Nội Declaration on the Enhancement of Welfare and Development of ASEAN Women and Children, which contains measure and actions in the enhancement of the welfare and development of women and children in ASEAN. 100. As mentioned in paragraph 61, the Government issued the National Strategy on Acess to Justice, which includes, among others, acess to justice for children. This commitment was actualized through the enactment of the 2009 Joint Decree of Chief of Supreme Court, Attorney General, Chief of Indonesian Police, Minister for Social Affairs, Minister for Law and Human Rights Affairs, and Minister for WECP, which adopts the principle of restorative justice in addressing child in conflict with law. 101. In this regard, the Government provides special courtrooms for children in a number of provinces. Moreover, police units in several provinces now have special cells for child in conflict with law. The Government also ensures that child in conflict with law obtain necessary physical and psychological rehabilitation, as well as social reintegration, through the framework of child development in juvenile correctional facilities. This is carried out in an integrated manner by related parties, such as social workers, chaplains, psychiatrists, psychologists and educators. After following this program, the children are expected to be able to fully reintegrate with the societies. 102. In 2010, the Constitutional Court has also decided to change the minimum age of a child allowed to be convicted from 8 years to 12 years old. Meanwhile, the Government is in the process of revising Law on Juvenile Court, to be a comprehensive juvenile justice system. 103. Nevertheless, the existing correctional facilities have not adequately provided proper resources for mental and physical rehabilitation needed to reintegrate the child to the society. In addition, changing the mindsets of the societies, correctional officers and other stakeholders to acknowledge the rights of child in conflict with law is still challenging. 104. The issue of street children continues to pose a big challenge for the Government of Indonesia, as in 2011, the number reaches approximately 230.000 children. 105. Measures taken by the Government in dealing with this issue include the issuance of Presidential Instruction No. 3/2010 on Justice for All Development Program, which, among others, establish Street Children Social Welfare Program. This was followed up by the adoption of Child Social Welfare Program in 2010 by the Minister of Social Affairs. 106. On 16 November 2010, several Ministers with the Chief of Indonesian National Police, signed a Joint Decree on Improving Social Welfare of Street Children. This Joint Agreement signifies the shared commitments in addressing the issue of street children, by improving their welfare through joint supervisions in order to decrease the number of children returning to the street. Family-based treatment is utilized, in view of the vital role of family in ensuring the children’s future. Therefore, the comprehensive and integrated efforts to improve the family resilience are required and to facilitate such efforts, the MoWECP, together with related Ministries/Agencies, has also formulated a policy to improve family resilience for the children in needs in addressing the issue of street children, as stipulated in the Regulation of the Minister for Women Empowerment and Children Protection No. 7/2011. Various efforts conducted by civil societies in addressing street children also help improve the situation on the ground. 118. Moreover, the Government also establishes a national task force on the prevention and countering TiPs, through Presidential Regulation No. 69/2008.29 To support the coordination effort, the Chief of the National Task Force issued Chief Regulation No. 7/2010, which, among others, stipulates the establishment of Sub Task Forces on prevention and child participation; health rehabilitation; social rehabilitation, repatriation and reintegration; development of legal norms; law enforcement; as well as coordination and cooperation. The Minister of Education and Culture has also established 83 TiPs Task Force in 16 provinces30, whose mandate is, inter alia, empowering the TiPs’ victims through education and special trainings. 119. Furthermore, Indonesia has adopted the National Action Plan on Combating the Criminal Act of Trafficking in Persons and Child Sexual Exploitation for the period of 2009-2014 through the Regulation of Coordinating Minister for People’s Welfare No. 25 of 2009. This National Action Plan consists of several programs in the prevention, protection, and victims’ assistance, including victims of child prostitution. 120. As for the victims of TiPs, Protection Houses are built in Baturaden, Makassar, Bandung, Mataram, Tanjung Pinang, Lampung, Malang, Pontianak and Semarang. In 2010, there were 303 adults and 3 children treated in the Protection House Trauma Center; 50 women in Women Social Protection House; and 234 children in the Children Social Protection House. In addition, in 2011, 599 victims of TiPs were reported to the Indonesian Missions abroad and necessary assistance were provided to them. 122. Regarding the perpetrators of TiPs, stern actions are taken. Data from Attorney General’s Task Force on the Handling of Criminal Act of Terrorism and Trafficking in Persons Cases shows that between 2006-2010, 97 cases brought to trial. From these cases, 38 perpetrators were sentenced up to 15 months in prison and 1 billion Rupiah (US$ 110,000) fine. One case used multiple charges and resulted in 8 years in prison. In 2011, it was recorded that 91 cases were settled while 8 cases are in the prosecution process. Indonesian National Police reported 126 cases, which involved 109 adults and 68 children as victims in 2011. These cases were settled and the perpetrators were sentenced up to 8 year in prison and Rp 150 million Rupiah (US$167,000) fine. 124. Indonesia is of the view that the promotion and protection of human rights is a continuous process. Amidst numerous efforts in promoting and protecting human rights undertaken by the Government as previously described, constraints and challenges remain. Issues such as religious freedom, street children, and poverty eradication, require extra attention and Indonesia remains committed to addressing these pertinent issues. 5. UNCT called for the independent children’s rights body to be provided with appropriate financial and human resources. 12. OHCHR deployed a human rights adviser (HRA) in Indonesia from August 2007 to January 2010 to support the Resident Coordinator and UNCT. The activities of the HRA included strengthening human rights-based approaches in United Nations agencies’ programming and developing a joint programme to support the three national human rights commissions in Indonesia (broad based; violence against women; child protection) and in strengthening their capacities. At the request of the Government, the human rights adviser position was terminated as of 31 January 2010. OHCHR regretted that decision but has sought to engage with the Government in alternative ways to strengthen cooperation in the field of human rights.40 Indonesia contributed financially to OHCHR in 2008-2010 . 20. In 2010, the Special Rapporteur on torture was particularly concerned about the adoption of the new Islamic Criminal Legal Code in Aceh, which provided for punishments such as stoning and caning, and was in clear contravention of the prohibition of torture and cruel, inhuman or degrading punishment and the obligation to prevent and prohibit corporal punishment. 21. The Special Rapporteur on torture was concerned that women were disproportionally affected by corporal punishment provided for by the Aceh Criminal Code.62 In the Special Rapporteur’s assessment, minors and children were at high risk of corporal punishment and ill-treatment not only in their families and schools, but also in detention. 25. UNCT reported that the Ministry of Health allowed female genital mutilation (FGM) under health officer supervision and with the permission of the family and the girl, although FGM had no health benefits and was a violation of the human rights of girls and women. CAT recommended that Indonesia adopt all appropriate measures to eradicate the persistent practice, including through awareness-raising campaigns in cooperation with civil society organizations. 27. UNCT recommended that Indonesia continue its counter-trafficking efforts particularly in terms of prosecution and prevention. CAT remained concerned at the high estimates by Indonesia 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. UNCT reported that victims were trafficked externally and internally mainly to work as domestic workers and/or in prostitution. UNCT and the ILO Committee of Experts noted reports that child sex tourism was prevalent in most urban areas and tourist destinations, such as Bali and Riau Island; and that approximately 30 per cent of the women in prostitution in Indonesia were below the age of 18. 28. The ILO Committee of Experts noted reported information that approximately 35 per cent of domestic workers were under the age of 18. UNCT encouraged the Government to continue taking measures to address the situation of child domestic workers and adopt the draft Act for the Protection of Domestic Workers as a matter of urgency. 29. The ILO Committee of Experts noted various estimates indicating/suggesting that between 500,000 and 1,200,000 young people below the age of 19 in Indonesia use drugs, and that as many as 20 per cent of drug users were involved in the sale, production or trafficking of drugs.80 UNCT highlighted that drug abuse continued to be seen as a criminal act, and drug users are criminalized, even for first offences. A lack of effective drug rehabilitation made it difficult to implement a 2009 national level court decision that drug use was a health issue and users should be sent to drug rehabilitation rather than prison . 39. In 2008, the Special Rapporteur on torture was extremely concerned that criminal responsibility in Indonesia started at the age of 8,96 and, in 2011, appreciated the steps taken to raise the age of criminal responsibility of minors.97 CAT recommended that Indonesia should, as a matter of urgency, raise the minimum age of criminal responsibility and abolish all corporal punishment of children. Indonesia should take the necessary measures to guarantee the proper functioning of a juvenile justice system including, inter alia, by treating minors in a manner appropriate to their age. 47. UNCT noted that in some districts as many as 60-70 per cent of children access basic services provided by civil society organizations such as faith-based groups, while overall some 40 per cent of schools were privately owned, mostly by faith-based organizations. 48. UNCT noted that Indonesia was on track to reach the MDG on under five mortality. With a view to improving policy interventions for child survival, UNCT recommended that Indonesia approve the Breastfeeding Code and Marketing of Breast milk Substitutes. UNCT reported that Indonesia was not on track to meet the MDG target which included halting and reversing the spread of HIV and universal access to treatment for HIV, noting increased infections, especially through sexual transmission. 49. The 2011-2015 UNDAF pointed out that maternal health indicators were alarming and far behind all other targets. UNCT reported that contributing factors included the high total fertility rate, as well as low quality and access to family planning and reproductive health services and information. Despite provisions for reproductive health services, unmarried girls were not eligible to receive these health benefits (article 76 of the Health Law), creating an impact on their right to health and, in the case of schoolgirls, their right to education. 52. UNCT recommended that Indonesia ensure resources are made available at the subnational level when trying to meet the needs for family planning, especially for the poor and vulnerable (e.g., adolescents, sex workers, Internally Displaced Persons) and people living in remote areas, to ensure contraceptive commodity security. It recommended the adoption of a responsive and strengthened health-care system, especially for maternal and child health and nutrition, inclusive of poor families and their children. UNCT called for well-designed, targeted, packaged, integrated and comprehensive health risks financing for poor families and their children so as to improve health facility utilization and health outcomes. UNCT recommended expanding mental health provision at the local and provincial levels, including drug and other addiction treatment services. 54. To prevent early marriage, pregnancy and the spread of HIV among adolescents, UNCT recommended that the Ministry of National Education should ensure the inclusion of life skills-based sexual and reproductive based health education in the national secondary school curriculum. 60. CAT recommended that Indonesia 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. Indonesia should strengthen the measures taken to ensure safe repatriation and relocation of all refugees and displaced persons, in cooperation with the United Nations. Summary of Stakeholders' Information 12. JS13 urged Indonesia to accede to the Rome Statute and ratify the recently signed CED. JS11 urged the Government, through the Ministry of Law and Human Rights, to immediately proceed with preparations for ratifying OP-CEDAW and OP-CAT and simultaneously improve the conditions of places of detention. JS9 urged the ratification of OP-CRC-SC and OP-CRC-AC. JS11 urged the Government to ratify ILO Convention 189 as pledged by the President during the 2011 ILC session. JS12 recommended ratification of ILO C. 169. International Commission of Jurists (ICJ) recommended that Indonesia become a party to ICCPR- OP 1 and OP2, OP-ICESCR, ICRMW and the Convention on the Status of Refugees and immediately sign with a view to ratification the Third Optional Protocol to the CRC. 21. JS11 noted that there were 154 discriminatory bylaws against women in 2009 and 189 in 2010.47 Komnas-Perempuan recorded in August 2011 that there were 207 discriminatory policies in the name of religion and morality, 78 were specifically targeting women.48 The majority of those policies (200 of 207 policies) existed at district and provincial levels. At the national level discriminatory policies included: Law No. 44 of 2008 on Pornography; and Ministry of Health Regulation No. 1636/MENKES/PER/XI/2010 regarding Female Circumcision. 28. Global Initiative to End All Corporal Punishment of Children (GIEACPC) stated that since the review, Indonesia has made no progress in prohibiting corporal punishment of children and it remained lawful in the home, schools, penal institutions and care settings, and in some cases may be imposed as a sentence for crime under Islamic law. 30. According to Komnas-Perempuan stated that data from the past four years showed that VAW was still a huge problem and measures to deal with it remained limited.66 Of the 303,114 cases handled, approximately 95% occurred within the personal domain. JS7 indicated that domestic violence was largely tolerated in indigenous culture. JS9 stated that traditional practices harmful to girls still occurred in Indonesia and were rooted in discrimination and control of the sexuality of women from a young age and reflected in the practice of female genital mutilation. JS10 reported that the latest census in 2010 showed the average age of marriage was now 15 years old. JS10 reported that restrictive abortion laws combined with stigma associated with pregnancy outside of marriage meant that unmarried adolescent girls who become pregnant were often forced into marriage. Orchid Project (OP) recommended immediate repeal of the 2010 Ministry of Health Regulation regarding female circumcision and the adoption and implementation of the WHO guidelines on stopping healthcare professionals from performing FGM/C and promoting the abandonment of FGM/C. 31. JS5 stated that the legal framework failed to criminalize individuals or companies that advertised, promoted or arranged child sex tours.74JS5 recommended that the implementation of Indonesia’s National Plan of Action (on the eradication of the criminal act of trafficking in persons and sexual exploitation of children) should be coordinated and monitored by task forces at the national and local levels. 41. JS9 reported that the protection and fulfilment of the rights of children of female inmates remained disturbing. They can only be taken care of by their mothers for two years, after which they must be handed over for adoption or temporary treatment. JS9 made recommendations to increase support for these children; and to repeal the prohibition of marriage of different religions. 53. World Vision (WV) recommended an allocation of a minimum health budget of 5% from the National and 10% of the Province budgets, as mandated in Article 171 of Law No.36/2009. The budget must be allocated to those interventions for which there is evidence of a reduction of maternal and child mortality and increase of maternal and child nutrition. 54. WV reported on findings that the wider gap of infant and under-five mortality rates occurred in Nusa Tenggara, Moluccas and Papua group of islands. According to AI, Indonesia had one of the highest maternal mortality ratios in the East Asia and Pacific region with an estimated 228 maternal deaths per 100,000 live births. AI recommended that Indonesia repeal all laws and regulations, at both the central and local levels, that violate sexual and reproductive rights; remove legal and policy provisions on matters related to sexual and reproductive health that discriminate on the grounds of marital status; repeal legal provisions criminalizing abortion in both the Criminal Code and the Health Law. 55. JS9 reported on estimations of a future increase in HIV prevalence in the 15 to 49 age group, and HIV infections in women and children. JS9 stated that female patients with HIV/AIDS experienced rejection by health officials because of their status and, in some cases, were subjected to forced removal of their uterus after delivery, without counselling. 56. JS10 stated that unmarried girls who became pregnant continued to be threatened with expulsion from school and married adolescent girls continued to leave school. Indonesia had no policy or alternative education opportunities for girls in these circumstances.155 JS10 recommended that Indonesia involve civil society and young people in the process of drafting government regulations on Pornography Law No. 44/2008 particularly its articles 13 and 14 to prevent sexuality material for education purposes being categorized as pornographic materials. Accepted and Rejected Recommendations: The following recommendations were accepted by Indonesia: A - 108.1. Complete the process of ratifying international human rights instruments which have not yet been ratified, including CPED and the two Protocols to CRC (Iraq); A - 108.4. Ratify the Optional Protocol to the Convention on the Rights of the Child, OP-CAT, and the Rome Statute of the ICC, at the earliest opportunity (Slovenia); A - 108.16. Complete the process for the ratification of the two Optional Protocols to CRC (Sudan); A - 108.17. Ratify the Optional Protocols to the Convention on the Rights of the Child on the involvement of children in armed conflict and on the sale of children, child prostitution and child pornography (Belgium); A - 108.18. Take steps to integrate in national legislation the provisions of both Optional Protocols to the CRC, once ratified, and to strengthen relevant national implementation mechanisms (Egypt); A - 108.19. Ratify the two Optional Protocols to the CRC on the involvement of children in armed conflict and on the sale of children, child prostitution and child pornography (Greece); A - 108.37. Further promote human rights education and training at all educational levels (Pakistan); A - 108.38. Further promote human rights education and training at all levels (Sri Lanka); A - 108.39. Further promote human rights education and training at all educational levels (Thailand); A - 108.40. Continue promoting human rights education and training at all educational levels (Iran (Islamic Republic of)); A - 108.41. Further promote human rights education and training at all levels in partnership with all relevant stakeholders to promote and protect the rights of every person (Myanmar); A - 108.44. Continue to promote human rights education and training at all educational levels, disseminating international human rights instruments and national legislation to law enforcement officers to continue increasing their awareness of their role in protecting people’s rights, particularly those of vulnerable and marginalised groups (Venezuela(Bolivarian Republic of)); A - 108.47. Continue its efforts to promote human rights education and training at all levels of education, including capacity building for persons in charge of enforcing current human rights laws, policies and measures (Morocco); A - 108.62. Make further efforts to protect children’s rights, including improvements to the juvenile justice system (Japan); A - 108.63. Continue its policies on improving the rights of the child (Jordan); A - 108.74. Step up its efforts in the field of the protection of the rights of children, particularly against domestic violence (Angola); A - 108.75. Expressly prohibit in national legislation violence against children in all settings, including at home, schools, penal institutions and centres of alternative care (Uruguay); A - 108.77. Step up efforts to combat trafficking in persons, including: continuing the practice of developing the national action plan and other strategies; considering the possibility of toughening criminal liability for crimes connected to human trafficking; studying the possibility of inviting the Special Rapporteur on Trafficking in Persons, especially women and children, to visit the country (Belarus); A - 108.81. Increase its efforts, to fight effectively against trafficking in human beings, in particular sex tourism involving children and to adopt the draft law on the protection of domestic workers (Belgium); A - 108.82. Enhance its programmes and initiatives to curb the phenomenon of street children (Algeria); A - 108.93. Take the necessary measures to guarantee the proper functioning of a juvenile justice system including, inter alia, by treating minors in a manner appropriate to their age (Liechtenstein); A - 108.120. Continue the efforts to develop the health and education public services (Ecuador); A - 108.121. Intensify its efforts with a view to decrease infant and maternal mortality rates (Slovakia); A - 108.122. Continue to strengthen the programs and initiatives aimed at guaranteeing the right to health and in particular at reducing maternal and child mortality (Cuba); A - 108.123. Provide universal access to family planning and reproductive health for young women and quality education on these issues (Belgium); A - 108.124. Ensure, through the Ministry of National Education, the inclusion of sexual and reproductive education in the national secondary curriculum as part of the preparation for adult life, which will contribute to prevent, inter alia, early marriage, unwanted pregnancy and the spread of HIV/AIDS among adolescents (Honduras); A - 108.125. Strengthen the promotion of the right to education and health in disadvantaged areas (Senegal); A - 108.126. Continue to develop education policies aimed at ensuring access to education for all, especially the poor and those living in rural areas (South Africa); A - 108.127. Continue efforts to promote the right to education (Saudi Arabia); A - 108.128. Accelerate the free twelve year compulsory education (Iran (Islamic Republic of)); A - 108.129. Continue extending the free nine years compulsory education programme to twelve years so as to ensure access to education for all its young citizens (Brunei Darussalam); A - 108.130. Take further steps to implement a policy of free compulsory education as established by the Indonesian Government over a period of 12 years so that all Indonesian children may have access to education (United Arab Emirates); A - 108.131. Continue to speed up the implementation of the free and compulsory education program up to 12 years, in order to guarantee access of all children of the country (Venezuela(Bolivarian Republic of)); A - 108.132. Continue the efforts to ensure a quality education for Indonesian children (Cuba); A - 108.133. Establish policies and programs of alternative education for single and married pregnant girls in order to avoid that they abandon their studies (Honduras); A - 109.27. Adopt all necessary measures to eradicate the persistent practice of female genital mutilation, including through awareness-raising campaigns, in cooperation with civil society organizations (Uruguay); The following recommendations were rejected: R - 109.3. Sign the Optional Protocol to CRC on Communications Procedure (Maldives); R - 109.4. Accede to/ratify the third Optional Protocol to the CRC on a communications procedure (Slovenia); R - 109.5. Consider an early ratification of the third Optional Protocol to CRC on a communications procedure (Slovakia); R - 109.26. Repeal the Regulation of the Minister of Health N° 1636 on Female Genital Mutilation and officially prohibit the increasing practice of female circumcision and other traditional practices inflicting sufferings on women and girls (Norway); R - 109.28. Abolish all corporal punishment of children in all settings (Liechtenstein); R - 109.29. Raise the minimum age of criminal responsibility to 16 and establish a system of juvenile justice (Belgium); No recommendations were left pending
Wednesday 23 May 2012 - 9.00 a.m. - 12.30 p.m.