Law enforcement key to rights protection<\/p>\n
Abdul Hakim Garuda Nusantara,
\nChairman of the National Commission on Human Rights<\/p>\n
Since the downfall of the repressive regime of former president
\nSoeharto in 1998, Indonesia has produced several pieces of
\nlegislation which aim to strengthen human rights protection.<\/p>\n
Among them are Law No. 39\/1999 on human rights and Law No.
\n26\/2000 setting up the human rights tribunal.<\/p>\n
The amended Constitution, meanwhile, specifically sets out the
\nrecognition and protection of human rights.<\/p>\n
Indonesia has also set up a considerable number of
\ninstitutions to uphold human rights, including the National
\nCommission on Women's Protection, the General Elections
\nCommission (KPU), the Ombudsman's Commission and various human
\nrights tribunals under the National Commission on Human Rights.<\/p>\n
These developments can be seen as promising, especially if we
\njudge the country's achievements in terms of human rights-related
\nlaws enacted and the number of institutions established. And
\nthere is no doubt that new laws relating to civil, political,
\neconomic, social, cultural and environmental rights have become
\npart of our legal fabric.<\/p>\n
Yet, in reality, for the past six years from the beginning of
\nthe reform era until the early days of President Susilo Bambang
\nYudhoyono's government, Indonesia has continued to witness
\nwidespread and blatant rights abuses.<\/p>\n
The victims are mostly members of society who are economically
\nand politically weak or, ironically, human rights campaigners.<\/p>\n
Of the violations, the violence in conflict-prone areas like
\nAceh, Papua, Poso or Maluku is the most noticeable. Many people
\nthere continue to be victimized -- killed, tortured, raped, or
\njust generally intimidated -- often with the consent or
\nparticipation of the country's law enforcers.<\/p>\n
It has become an open secret that most violence involves
\nsecurity forces, be it the military or the police.<\/p>\n
Sadly, the trend continues.<\/p>\n
One may argue, however, that some human rights have been
\nprotected in the country, as most Indonesians have exercised
\ntheir political rights, are free to express themselves and have
\nparticipated in relatively free and fair elections. This is to be
\ncommended and something we should be proud of.<\/p>\n
However, what is also clear is that the country has yet to be
\nable to provide physical protection to all of its citizens.<\/p>\n
And it is the lack of the supremacy or rule of law that is the
\nmost saddening and frustrating for many.<\/p>\n
In this country we continue to witness the \"law of the rulers\"
\n-- not the rule of law; the legal system remains an institution
\nthat protects those who are wealthy and close to power above
\nthose who are not. The law has yet to exist in substance applying
\nequally to everyone and, therefore, it remains unable to deliver
\njustice.<\/p>\n
Upholding the rule of law is the key to the protection of
\nhuman rights. Human rights will be protected only if the
\ngovernment enforces the country's laws consistently and fairly.
\nThose who commit murder or other serious crimes must be
\nquestioned properly and prosecuted fairly.<\/p>\n
But the government remains unable to uphold justice.<\/p>\n
Take Papua as an example. To date, Papuans still question the
\nresult of an investigation into the death of Dortheys \"Theys\"
\nHiyo Eluay. The case took place three years ago and it has been
\nheard in court. Seven Army Special Forces (Kopassus) officers
\nreceived extremely lenient jail terms for his murder and most
\nPapuans continue to believe it was ordered by the state.<\/p>\n
Theys headed the Papua Presidium Council, which campaigned
\npeacefully for independence. He was killed in November 2001 while
\nbeing driven home from a dinner hosted by the Special Forces
\nheadquarters in the provincial capital of Jayapura. Seven
\nKopassus soldiers have been jailed for between 24 and 42 months
\nfor the murder. However, the military tribunal investigating the
\nkilling failed to trace those who gave the order. Theys' family
\nbelieve Jakarta was behind his assassination.<\/p>\n
Papuans want to see the central government deal seriously with
\nsecurity officers involved in acts of violence against civilians,
\nand they want those who ordered the crimes punished even more
\nseverely.<\/p>\n
The Acehnese have also raised the same demands. They want law
\nenforcers to settle several cases of murder and torture for the
\nsake of justice.<\/p>\n
The National Commission on Human Rights, whose authority is
\nlimited to conducting initial investigations, has finished
\nseveral major cases of gross human rights violations.<\/p>\n
They are the human rights violation cases in Wamena and Wasior
\nin Papua in 2001 and 2003 respectively, which it says involved
\nthe military and the police. The Trisakti University shootings,
\nthe May 1998 riots and the bloody incidents known as Semanggi I
\nand Semanggi II tragedies in 1998 and 1999 have also been
\ninvestigated.<\/p>\n
The commission concluded gross violations of human rights took
\nplace during all these incidents and recommended the Attorney
\nGeneral's Office prosecute the suspects, many of them again
\nofficers in the military.<\/p>\n
To date, however, the office has yet to make any move and
\nfamilies and friends of the victims continue to question the
\ngovernment's commitment to settling these cases.<\/p>\n
If the government avoids the prosecution of cases deemed gross
\nviolations of human rights, it is easy to predict its stance on
\nother cases involving the protection of civil and political
\nrights, economic, social and cultural rights and environmental
\nrights.<\/p>\n
The recent and violent police raids against villagers of
\nBojong, Bogor, who had protested the establishment of a waste
\ndisposal plant in their area do not auger well for human rights
\nprotection.<\/p>\n
The police were clearly partisan in the dispute and not aware
\nthey had also to recognize and respect the residents' rights to
\nprotect their environment.<\/p>\n
Conceptions and the application of human rights change as the
\ncontext for them changes. Terrorism is the latest threat -- both
\nto public safety but also to public rights. The authorities must
\ndraw a line between protecting the public without sacrificing
\npeople's human rights.<\/p>\n
The campaign against terror must have a strong basis. It must
\nnot discredit certain groups for no good reason. Laws must be
\nbased on international human rights standards, which outlaw
\ndiscrimination against people with certain political or religious
\nviews.<\/p>\n
However, the biggest challenge for the current government is
\nupholding the rule of law.<\/p>\n
Only by creating a respected, fair and accountable police,
\nmilitary and judiciary can the government hope to guarantee the
\nhuman rights of all.<\/p>",
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