E/C.12/IDN/CO/1
the State party to its general comment No. 11 (1999) on plans of action for primary
education.
Higher education
37.
While noting the process of privatization of higher education, the Committee regrets
the lack of information on measures taken to ensure that higher education remains
accessible to all (art. 13).
The Committee recommends that the process of privatization of higher education is
accompanied by measures for ensuring that it remains equally accessible to all, on the
basis of capacity. The Committee refers the State party to its general comment No. 13
(1999) on the right to education.
Masyarakat Hukum Adat
38.
The Committee is concerned at the absence of an effective legal protection
framework of the rights of Masyarakat Hukum Adat due to inconsistencies in relevant
legislative provisions (arts. 15 and 2.1).
Referring to the State party’s statement that it would make use of relevant principles
contained in the United Nations Declaration on the Rights of Indigenous Peoples, the
Committee urges the State party to expedite the adoption of the draft law on the
rights of Masyarakat Hukum Adat and ensure that it:
(a)
Defines Masyarakat Hukum Adat and provides for the principle of selfidentification, including the possibility to self-identify as indigenous peoples;
(b)
Effectively guarantees their inalienable right to own, develop, control
and use their customary lands and resources;
(c)
Define strong mechanisms for ensuring the respect of their free, prior
and informed consent on decisions affecting them and their resources, as well as
adequate compensation and effective remedies in case of violation.
The Committee also recommends that the State party undertake to harmonize
existing laws according to the new law on the rights of Masyarakat Hukum Adat and
ratify the ILO Convention on Indigenous and Tribal Populations, 1989 (No. 169).
39.
The Committee is concerned at provisions of recently adopted Law No. 18/2013 on
Prevention and Eradication of Forest Destruction as well as other laws in force in the State
party which contravene the Decision 35/PUU-X/2012 of the Constitutional Court on the
right of ownership of customary forests by Masyarakat Hukum Adat. It is further concerned
that, while the State party has granted concessions on forested land to develop palm oil
plantations, members of Masyarakat Hukum Adat have reportedly been arrested on the
basis of the Law No. 18/2013 (arts. 15 and 1.2).
The Committee recommends that, as a priority for the implementation of the Plan of
Action of the Joint Agreement for the Acceleration in the Determination of Forest
Regions, the State party:
(a)
Amend all legislative provisions which are incompatible with the
Constitution Court Decision 35/PUU-X/2012, including those contained in the Law
18/2013 on Prevention and Eradication of Forest Destruction, and take steps for the
review of decisions against members of Masyarakat Hukum Adat based thereon; and
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