E/C.12/IDN/CO/1
(b)
The adoption of Ministry of Public Works No. 14/2010 on Minimum Service
Standard in Public Works and Planology;
(c)
The adoption of Ministry of Manpower and Transmigration Regulation
No. 19/2012 on Terms of Partial Assignment of Work to Third Party Companies;
(d)
The adoption of Ministry of Education and Culture Regional No. 81/2 of
2013 on Implementation of Curriculum mandating elementary schools to include local
language in the school curricula.
C.
Principal subjects of concern and recommendations
Application of the Covenant and access to justice for economic,
social and cultural rights
5.
While noting the information provided by the State party on decisions of the
Constitutional Court referring to provisions of the Covenant, the Committee regrets the lack
of information on jurisprudence invoking the Covenant before lower courts and
administrative instances. The Committee is also concerned that the insufficient number of
legal professionals, including lawyers, hinders victims’ access to redress (art. 2.1).
The Committee recommends that the State party raise awareness among members of
the judiciary and the general public of the Covenant and of the justiciability of
economic, social and cultural rights, including through awareness-raising campaigns
and the inclusion of human rights in school curricula at all levels. It also recommends
that the State party invest in the expansion of training programmes for the legal
professions. The Committee requests that the State party include information in its
next periodic report on decisions by courts and administrative authorities which give
effect to the rights set forth in the Covenant. The Committee draws the State party’s
attention to its general comment No. 9 (1998) on the domestic application of the
Covenant.
Local laws and regulations
6.
The Committee notes with concern that laws and by-laws which discriminate against
women and marginalized individuals and groups such as sex workers, and lesbian, gay,
bisexual and transgender persons are in force in provinces, districts and autonomous
regions, in spite of the review mechanism in place in the State party (art. 2.1).
The Committee urges the State party to:
(a)
Review and repeal provisions in local laws and by-laws which have been
found to be discriminatory against women and marginalized groups, including those
identified by the National Commission on Violence against Women;
(b)
Raise awareness of the State party’s legal obligations under international
human rights treaties among lawmakers and authorities in provinces, districts and
autonomous regions;
(c)
Strengthen the mechanisms for the review of draft laws and by-laws
proposed by decentralized authorities.
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