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the Government's generosity and hospitality during the visit. The Special
Rapporteur also wishes to thank everyone, officials as well as private
individuals with whom he held discussions during his visit; their valuable
information permitted him better to understand the situation in the country.
II.
BACKGROUND AND LEGAL AND INSTITUTIONAL FRAMEWORK
9.
After a four-year struggle against the Dutch colonial power, Indonesia
formally obtained its independence in 1949 and became a member of the
United Nations in 1950. The origin of its statehood dates back, however,
to 17 August 1945 when the Republic of Indonesia was proclaimed. The 1945
constitution - reinstated in 1959 by presidential decree - embodies the
five principles of pancasila, the official state philosophy. Two of these
principles are considered to be of direct relevance to the issue of human
rights, viz. the second principle of "just and civilized humanity" and the
fifth principle of "social justice". The pancasila is summarized in the
preamble to the Constitution in the following way: "We believe in an
all-embracing God; in righteous and moral humanity, in the unity of Indonesia.
We believe in democracy, wisely guided and led by close contact with the
people through consultation so that there shall result social justice for the
whole Indonesian people".
10. Article 27 of the Constitution stipulates that, without any exception,
all citizens shall be equal before the law and Government, and shall be
obliged to uphold that law and Government; and that every citizen shall have
the right to work, and to a living, fit for human beings. According to the
authorities, this provision contains the same spirit as the Universal
Declaration of Human Rights of 10 December 1948.
11. Of the principal international conventions on human rights, Indonesia has
ratified only the 1952 Convention on the Political Rights of Women and
the 1979 Convention on the Elimination of All Forms of Discrimination Against
Women. It has signed but not ratified the 1984 Convention against Torture and
Other Cruel, Inhuman or Degrading Treatment or Punishment. It has neither
signed nor acceded to the 1966 International Covenant on Civil and Political
Rights. The Special Rapporteur asked whether accession to these highly
important human rights instruments was under consideration; he was informed
that this was the case but that no decision had yet been taken since it was
felt that some provisions of the International Covenant on Civil and Political
Rights unduly interfered with national legislation.
12. Indonesia became a member of the United Nations Commission on Human
Rights in 1991.
13. On 23 February 1991 a Permanent Interdepartmental Committee on
Human Rights was established by decree of the Minister of Foreign Affairs.
This Committee consists, among others, of representatives of a number of
ministries, the office of the Attorney-General, the Intelligence Section of
the Armed Forces, the Indonesian Red Cross and a number of non-governmental
organizations. Its main task is to formulate recommendations and a national
policy on human rights, both for international human rights forums and for
domestic matters. The Committee is entrusted in particular with the tasks of
evaluating international human rights treaties, holding consultations with