Can human rights be guaranteed with decree?<\/p>\n
By Vedi R. Hadiz<\/p>\n
JAKARTA (JP): An interesting debate has ensued recently,
\nprompted by the formulation of a document by the National Defense
\nand Security Council (Wanhankamnas), about whether our People's
\nConsultative Assembly (MPR) should produce a decree on human
\nrights.<\/p>\n
The most powerful factions in parliament, Golkar and the Armed
\nForces, have rejected the notion, arguing that human rights are
\nalready sufficiently enshrined in our Constitution. The Moslem-
\noriented United Development Party (PPP) faction has been the only
\none championing the cause so far, with the Indonesian Democratic
\nParty (PDI) faction, representing a party only a shadow of its
\nformer self, basically not saying much at all on the subject.<\/p>\n
Politicians like Abdurrachman Wahid and Marzuki Darusman of
\nthe National Human Rights Commission have come out strongly in
\nfavor of such a decree.<\/p>\n
The fact that the most powerful political groupings have
\nrejected the idea, however, makes it highly unlikely that such a
\ndecree will soon see the light of day.<\/p>\n
So, do we need a decree on human rights, in spite of such a
\nlack of enthusiasm among some political groups?<\/p>\n
I would argue that, yes, an MPR decree on human rights would
\nbe helpful indeed. However, not having seen the document produced
\nby the Wanhankamnas, I'd rather refrain from advocating that the
\nparticular document produced by this esteemed organization be
\nmade the model.<\/p>\n
But the idea of having an MPR decree on human rights is
\nessentially a good one.<\/p>\n
Contrary to frequent official denials, we know all too well
\nthat human rights are often too easily breached in this country
\n-- the victims usually being the poorest and weakest in society,
\nespecially women.<\/p>\n
This we can ascertain by simply having short conversations
\nwith workers who have had the misfortune of incurring the wrath
\nof some members of the security apparatus during labor strikes,
\nfarmers or slum-dwellers forcibly evicted from their lands or
\nhomes in the name of development, or even a small number of
\nmiddle class student activists who'd rather forget about some of
\ntheir experiences in local police or military stations.<\/p>\n
Or to make it more simple, we only need to read some of the
\nreports of the Legal Aid Foundation (YLBHI) or the government's
\nown Human Rights Commission, if we are disinclined to read the
\nreports of "outsiders", like Amnesty International or Human
\nRights Watch.<\/p>\n
Yes, it is true that we have all sorts of laws and regulations
\nwhich seem to guarantee some of the basic human rights. Its also
\ntrue that some of these are already enshrined within our
\nConstitution. But a decree by the MPR, reiterating that human
\nrights need to be upheld, can only be helpful to give greater
\nforce to anything that currently exists that is supportive of
\nhuman rights, and maybe, as the impetus for newer, better laws in
\nthe future.<\/p>\n
Nevertheless, a decree is not a cure-all, for in essence,
\nguaranteeing human rights is not something which happens by
\ndecree. Besides, we also know that there are so many rules and
\nregulations in Indonesia which, in the harsh reality of everyday
\nlife, do not mean a thing.<\/p>\n
So a decree on human rights by the MPR is not a cure-all, but
\nis still potentially helpful. A condition, however, is that the
\nformulation of the decree should involve as great a variety of
\ngroups in society as is possible.<\/p>\n
The document produced by Wanhankamnas, for example, if
\nacceptable at all, should only be one among a great number of
\ninputs to the MPR.<\/p>\n
The views of independent intellectuals, for example, as well
\nas organizations like the Human Rights Commission, or YLBHI and
\nother NGOs, should also be somehow invited and accommodated.<\/p>\n
Though many of these NGOs have had an uneasy relationship with
\nthe government, the fact is that some of them are most intimately
\nacquainted with the common occurrence of practices which infringe
\non human rights, particularly of the weak and poor.<\/p>\n
Without their views, there is the danger that any decree will
\nonly fall into the trap of codifying the dubious idea of
\n"authentically" Indonesian conceptions of human rights, which are
\nsupposed to be incompatible with Western or any universal
\nconceptions.<\/p>\n
For too long such an idea has been the justification for
\npractices that clearly infringe on any reasonable notion
\nof human rights.<\/p>\n
The Universal Declaration of Human Rights is an obvious
\nreference for any decree on human rights that the MPR might
\nproduce.<\/p>\n
The point to be made here is that an MPR decree on human
\nrights should be the product of a process which has been as
\ndemocratic as possible, to ensure relevance with problems
\nmanifest in everyday reality.<\/p>\n
Something which is simply decreed from above notwithstanding
\nby an institution of such high standing as the MPR may not do
\nthis, and therefore be of little use to the noble struggle to
\nuphold human rights in Indonesia.<\/p>\n
Of course the process would be much simpler and shorter if the
\nMPR just adopted a decree based on the Wanhankamnas document.
\nHowever, such a decree would be conceivably less useful than it
\nmight have been.<\/p>\n
Another point to be made is that decrees, laws, regulations
\nand even constitutions are of little value if the they are not
\nwell-enforced.<\/p>\n
It is of course incumbent on the institutions of the state to
\nsee that they are indeed enforced. However, it is incumbent on
\nthe society to ensure that these state institutions carry out
\ntheir functions in the appropriate way, including in the matter
\nof enforcing any law or decree which relates to the upholding of
\nhuman rights.<\/p>\n
The reason that so many products of legislation in this
\ncountry are simply neglected or become irrelevant in everyday
\nlife is that society is simply too weak and powerless to exert
\nany influence on the behavior and actions of these
\ninstitutions.<\/p>\n
The writer is a research fellow of the Asia Research Center,
\nMurdoch University, Perth.<\/p>",
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