Rights commission armed with independence<\/p>\n
In conjunction with Human Rights Day, which falls today, The
\nJakarta Post runs the following article on the National
\nCommission on Human Rights and its role in the effort to improve
\nhuman rights condition in Indonesia. Two more stories appear on
\nPage 7.<\/p>\n
By T. Sima Gunawan<\/p>\n
JAKARTA (JP): The United Nations defines human rights as those
\nrights which are inherent in our nature and without which we
\ncannot live as human beings.<\/p>\n
Human rights is a serious matter, but what can you really
\nexpect from a human rights commission whose office is only a
\nrented building and whose members are not always there for you?<\/p>\n
It seems quite a lot. The physical constraints have not
\nprevented members of Indonesia's National Commission on Human
\nRights from carrying carry out their duty. The commission even
\nstunned the public last year with their findings in the murder of
\nlabor activist Marsinah. The director of the company where the
\nvictim worked, as well as several other people, were being tried
\nwhen the commission's secretary general Baharuddin Lopa announced
\nthat there were probably other suspects.<\/p>\n
The East Java district court and the high court found the
\ndefendants guilty, but they were later exonerated by the Supreme
\nCourt. So far, the police have not been able to find the real
\nmurderers.<\/p>\n
The Marsinah case is one of the commission's achievements.
\nDespite initial public skepticism over its role in improving
\nhuman rights conditions in Indonesia, the commission members have
\nproven their integrity.<\/p>\n
\"People were skeptical. They thought we were yes-men,\" B.N.
\nMarbun, a commission member, said recently.<\/p>\n
Public skepticism was understandable, given the background of
\nits establishment.<\/p>\n
The issue of human rights started to emerge and become a hot
\nissue here after the 1991 Dili riots, 43 years after the
\nDeclaration of Human Rights was proclaimed in a General Assembly
\nresolution on Dec. 10, 1948.<\/p>\n
According to official figures, dozens of civilians were killed
\nor went missing in a clash between the people and the military in
\nthe capital of East Timor.<\/p>\n
Strong criticism was launched against the government
\nconcerning the handling of the Dili case. Human rights activists
\nfrom both inside and outside Indonesia condemned the incident,
\ncalling upon the government to show more respect for human
\nrights.<\/p>\n
In response to the call and to improve human rights conditions
\nin the country, President Soeharto set up the National Commission
\non Human Rights on June 7, 1993. Former chief justice Ali Said
\nwas appointed chairman and authorized to choose 24 members for
\nthe commission. They were inaugurated on Dec. 10, 1993.<\/p>\n
Independent<\/p>\n
The public gave a warm welcome to the establishment of the
\ncommission even though many were skeptical about its
\nindependence. Soon, public anxiety disappeared as the commission
\nmembers demonstrated their determination to promote human rights.<\/p>\n
Another member, Brig. Gen. (ret.) Roekmini Koesoema Astoeti,
\ngave assurances of the commission's independence, saying that the
\ncommission is free from any outside influence, including the
\nPresident.<\/p>\n
\"We are fully independent. We report our findings to the
\nPresident but we are not accountable to the President. The
\ncommission is accountable to the people,\" Roekmini said.<\/p>\n
To maintain its independence, the commission has refused to
\naccept foreign aid, Marbun added.<\/p>\n
Cases never seem to stop flowing in to the commission's
\noffice. From January last year to mid October, the commission has
\ndealt with more than 5,200 cases. Most of them involved land
\nconflicts, labor cases, and abuses of power by government
\nofficials and members of the Armed Forces.<\/p>\n
However, not all of them were settled by the commission.
\nRoekmini said that the commission could only handle 20 percent of
\nthe cases. They could not handle the rest because they were being
\nprocessed in court, fell into the category of civil cases, or
\nwere not human rights cases.<\/p>\n
Every day, there are people who come to the commission to
\nlodge their complaints. Some of them hand over letters of
\ncomplaints and leave after the staff members assure them that the
\ncommission would examine the case. Others, however, insist on
\nseeing the commission members, even though this could mean they
\nhave to wait for hours.<\/p>\n
There are no requirements for commission members to be at the
\noffice all the time. However, there are times when the office is
\nempty because its members are busy with their own activities.<\/p>\n
\"But we know how to reach them. So, if none of them are here
\nwhen there are people who want to see them, we can just call any
\ncommission member who is free,\" a staff member told The Jakarta
\nPost.<\/p>\n
Commission member Bambang W. Soeharto said he had no
\ndifficulties in communicating with the other members, thanks to
\nelectronic technology.<\/p>\n
\"We use telephones, fax machines and we might use the
\nInternet, too,\" Bambang said.<\/p>\n
The commission holds a monthly plenary meeting and a
\ncoordinating meeting once every two months.<\/p>\n
\"Well, one or two members are not really active, but they say
\nthey pray for our activities. That's good enough,\" said Bambang,
\na former member of the People's Consultative Assembly who was
\nelected last month as chairman of Kosgoro, a cooperatives'
\norganization.<\/p>\n
In some cases, the commission is able to settle problems
\nthrough correspondence. In other cases, they invite the disputed
\nparties to come together to discuss their problem. The commission
\nmembers also conduct on-site investigations in certain cases.<\/p>\n
Timika<\/p>\n
The Marsinah case was not the commission's biggest event.<\/p>\n
Last month, the commission investigated the alleged human
\nrights violations in Timika, Irian Jaya. They announced that 16
\ncivilians were killed and four others missing during various
\nmilitary operations in Irian Jaya over the past year.<\/p>\n
\"The National Commission on Human Rights expresses its deepest
\nregret and apprehension at these violations of human rights
\nconducted by the security apparatus, even though they occurred in
\nthe line of duty,\" the commission said in a statement on the
\nTimika case.<\/p>\n
In September, they went to Dili to investigate the wave of
\nethnic and religious violence which hit the East Timor capital.<\/p>\n
The commission does not seem to have any problems in
\ninvestigating cases which are considered sensitive, like ethnic
\nand religious conflicts, or those involving the military.<\/p>\n
\"The commission can be accepted by all parties because of the
\nintegrity of its members,\" Marbun claimed.<\/p>\n
Currently, there are only 23 people in the commission. One
\ncommission member died last year and another died earlier this
\nyear.<\/p>\n
Even though the commission was set up by President Soeharto,
\nthe commission has the authority to choose its members.<\/p>\n
However, it has found it difficult to find the right persons
\nwilling to fill in the two vacant positions.<\/p>\n
According to Bambang, Maria Soemardjono, a professor of law at
\nthe University of Gajah Mada, Yogyakarta, was asked to join the
\ncommission, but she could not accept the offer because she was
\nbusy with her job as dean of the university's school of law and
\nexpert staff of the National Land Agency.<\/p>\n
The commission is dominated by academicians, namely, Prof.
\nMuladi, rector of the Semarang-based Diponegoro University; Prof.
\nSatjipto Rahardjo from the same university; Prof. Charles
\nHimawan, dean of the School of Law, University of Indonesia;
\nProf. Miriam Budiardjo, also from the University of Indonesia;
\nProf. Sri Soemantri from Padjadjaran University in Bandung; and
\nProf. Soetandijo Wignjosoebroto from University of Airlangga in
\nSurabaya.<\/p>\n
There are also members of the House of Representatives:
\nMarbun, Clementino Dos Reis Amaral and Aisyah Amini, and former
\nparliament members Marzuki Darusman, Albert Hasibuan, A.A.
\nBaramuli and Bambang Soeharto. The remaining are former supreme
\ncourt justices Djoko Soegianto and Soegiri, Moslem scholar
\nNurcholis Madjid, Minister of Religious Affairs Munawir Sjadzali,
\nNGO activist Asmara Nababan, Sjarifudin Bahar, a expert staff at
\nthe office of the State Secretary\/Minister and lawyer Gani
\nDjemat.<\/p>\n
Roekmini is a former member of the House of Representatives,
\nwhile Baharuddin Lopa is the director general of Correctional
\nAffairs for the Ministry of Justice.<\/p>\n
When the commission started its activities late in 1993, it
\noccupied space in the office of the Directorate General of
\nCorrectional Institution. Last month, they moved to a rented
\noffice on Jl. Pemuda, East Jakarta, following Lopa's retirement.<\/p>\n
The government is renovating a building on Jl. Latuharhary,
\nCentral Jakarta, which will be the commission's permanent office.<\/p>\n
The commission's annual budget is less than Rp 1.2 billion
\n(US$525,000), which is taken from the state budget.<\/p>\n
\"It would be great if the government could double the budget.
\nBut, we understand the government's limitations. What we need to
\ndo is to do our best with the limited budget we have,\" Bambang
\nsaid.<\/p>\n
It seems that the commission's future tasks are more than just
\nhandling human rights violations. Finding people willing to serve
\nthe commission and obtaining a bigger budget to enhance its
\nactivities are now part of its tasks. It is a serious institution
\nthat deserves serious attention.<\/p>",
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