Human rights: Where does RI stand?<\/p>\n
By Warief Djajanto Basorie<\/p>\n
JAKARTA (JP): People worldwide observe Human Rights Day today
\non the 49th anniversary of the United Nations General Assembly's
\nadoption of the Universal Declaration of Human Rights.<\/p>\n
Where does Indonesia stand on human rights?<\/p>\n
A pertinent definition came from the head of state himself. In
\nhis state of the nation address of Aug. 16, 1990, President
\nSoeharto said Indonesia's concept of humans rights is an
\nelaboration of the principle of \"just and civilized
\nhumanitarianism\". This is the second tenet in the Pancasila,
\nIndonesia's five-point state philosophy.<\/p>\n
Soeharto's statement effectively ended the ambiguity and shed
\nlight on the nation's stance.<\/p>\n
Indonesia's concept of human rights is borne out of the noble
\ndignity of human beings as a whole, and their dignity as
\nindividuals. This understanding of human rights is not an
\nindividualistic one that sacrifices the interests of the society,
\nnation and country, Soeharto said.<\/p>\n
This means progress and fortune gained by an individual are
\nnot really his sole rights. Included in them are the fortunes and
\nrights of other individuals that must be transferred, whether
\nthrough the state, society or directly in person. Social
\nresponsibility coexists with human rights, Soeharto stated.<\/p>\n
The guideline for implementation of Pancasila -- widely known
\nby the initials P4 -- elaborates on this second principle. It
\nstates that \"just and civilized humanitarianism means upholding
\nhumanitarian values, finding satisfaction to undertake
\nhumanitarian activities and having the courage to defend truth
\nand justice\".<\/p>\n
Indonesians can take that statement, sanctioned by the
\nPeople's Consultative Assembly (MPR) in its 1978 session, as a
\nyardstick to measure respect and compliance with human rights.<\/p>\n
Another reference point is the presidential decision that
\nestablished Indonesia's National Commission on Human Rights
\n(Komnas HAM) on June 7, 1993.<\/p>\n
The preamble to that decision states that Indonesia, \"as a
\npart of the community of nations, respects the United Nations
\nCharter and the Universal Declaration of Human Rights of the
\nUnited Nations\".<\/p>\n
The President established a national commission on human
\nrights with a dual purpose -- to increase protection of human
\nrights for Indonesians and \"help promote conditions conducive for
\nthe conduct of human rights in accordance with Pancasila, the
\n1945 Constitution, the United Nations Charter and Universal
\nDeclaration of Human Rights\".<\/p>\n
One can interpret the quote from Article 4 of the presidential
\ndecision as meaning that Soeharto places the two UN documents on
\nthe same level with Indonesia's state philosophy and constitution
\nin advancing human rights.<\/p>\n
As a member of the community of nations, however, Indonesia
\nhas so far ratified only four of the 25 UN-sponsored human rights
\ninstruments that require ratification.<\/p>\n
As of June 30, 1996, these were the International Convention
\nagainst Apartheid in Sports; the Convention on the Rights of the
\nChild; the Convention on the Elimination of All Forms of
\nDiscrimination against Women; and the Convention on the Political
\nRights of Women.<\/p>\n
Indonesia signed one other convention, on Cruel, Inhuman or
\nDegrading Treatment or Punishment, on Oct. 23, 1985, but it has
\nnot been ratified.<\/p>\n
It is interesting to note that Indonesia is not among the 132
\nstates which have signed the International Covenant on Civil and
\nPolitical Rights, considered to be a major human rights
\ninstrument.<\/p>\n
Through personal communication, a senior official familiar
\nwith human rights issues explained that ratification requires the
\ncountry concerned to report on its own human rights situation to
\na human rights committee. Apparently, this has been a sticking
\npoint for the government.<\/p>\n
Indeed, Article 40 of the CCPR states that a ratifying country
\nhas to submit reports on measures it has adopted which give
\neffect to the rights recognized in the covenant.<\/p>\n
Furthermore, Article 41 stipulates that if a state party, or
\ncountry, believes another state party has not fulfilled its
\nobligations under the covenant, that country can ask the human
\nrights committee to look into the matter.<\/p>\n
Indonesia has not ratified the three important United Nations
\ninstruments on human rights: the economic, social and cultural
\nrights covenant; the civil and political rights covenant; and the
\nantitorture convention.<\/p>\n
Although it has not acceded to the three, Indonesia has worked
\non human rights through Komnas HAM.<\/p>\n
When Komnas started work in 1993, critics doubted it could act
\nindependently and effectively given that it was established by
\nthe government.<\/p>\n
Its four-year record has silenced the naysayers.<\/p>\n
\"Komnas HAM continues to act with greater independence than
\nwas predicted for the government-sponsored commission and has
\nbecome an important tool for protecting human rights,\" wrote the
\nNew York-based Lawyers Committee for Human Rights in a July 1996
\nreview of the U.S. Department of State's country reports on
\nworldwide human rights practices.<\/p>\n
\"However,\" the lawyers committee continued, \"it is still
\nconstrained by its weak legal standing, unclear mandate and
\noccasional interference from the military.\"<\/p>\n
The commission demonstrated its independence in its
\ninvestigation on the violent takeover of the headquarters of the
\nsmall Indonesian Democratic Party (PDI) in Jakarta on July 27,
\n1996. The commission cited six human rights violations, including
\nfreedom of assembly and association, the freedom from fear, and
\nthe freedom from cruel and inhumane treatment.<\/p>\n
It reported that security forces were involved in the takeover
\nin support of the government-backed PDI faction that wanted its
\nrivals removed from the party premises.<\/p>\n
The commission recommended that government involvement in
\nsupport of one conflicting party should be prevented.<\/p>\n
Indonesia has made a significant step in the establishment of
\nthe commission. Much work still lies on the road ahead to advance
\nhuman rights.<\/p>\n
On the legal front, Muladi, a law professor at Diponegoro
\nUniversity in Semarang and commission member, made 14
\nrecommendations for better legal observance of human rights in a
\n1995 seminar.<\/p>\n
These included a review of all laws, from the colonial era and
\nsince independence, that tend to violate human rights, and their
\nreplacement with laws that contain values recognized by civil
\nnations. Another recommendation was the creation in all courts of
\na special panel to try human rights violations.<\/p>\n
Translating recommendations into realization is easier said
\nthan done. As Komnas HAM admits in its 1996 annual report, a
\nmajor problem it faces is high public expectations for quick
\nfulfillment over complaints.<\/p>\n
The writer is a lecturer at the Dr. Sutomo Press Institute,
\nJakarta.<\/p>",
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