ABRI faulted for unsolved rights cases

JAKARTA (JP): The National Commission on Human Rights attributes poor human rights protection in 1998 and the backlog of unresolved violations to the Armed Forces (ABRI) perceived inability to act and its sorry public image.

In its assessment released on Wednesday on the country's human rights record last year, the commission reminded President B.J. Habibie's administration that human rights protection and promotion were its responsibility. It also questioned why security personnel and law enforcement agents were unable to resolve gross violations of human rights.

In a statement read by Clementino dos Reis Amaral, the commission said it tried to fathom why "the Armed Forces (ABRI) appeared to be helpless in overcoming violence and ending... uncertainty about causes and background of violence".

The commission noted that unless cases of violations were followed up with just and speedy legal process, public frustration could boil over into more violence.

"The responsibility is again on the shoulders of the Armed Forces, which is seemingly powerless," the commission said.

The announcement followed a plenary session led by chairman Marzuki Darusman, who was also present during the news conference. Also attending were commission members Bambang W. Soeharto and H.R. Djoko Soegianto.

The commission noted that "ABRI, as an institution, seems to have been facing internal obstacles that were created by a politicization process (and) this weakens its integrity...

"The obstacles within ABRI (show) it is still vulnerable to vested interests (so it is compelled) to cover up violations... that could tarnish its image".

The commission acknowledged that military personnel in the field face a dilemma over the obligation to their security duties against the fear of being accused of violating human rights. These fears, the commission added, were used to justify inaction.

It warned that the failure to act could boomerang with the loss of public trust in security apparatus.

"With ABRI's image at its lowest ebb, the expanding violence would be difficult to curb because of the absence of (public respect for) its personnel," the commission said.

The body also discussed violations of human rights committed by many other parties, including members of the public. It attributed them to the feeling that criminal acts could be committed with impunity.

"The commission is deeply concerned over the poor protection of human rights and over Indonesia's vulnerability to violations, as shown in various cases of violence and in the failure to solve cases of gross violations of human rights over 1998."

The body cited the shooting of Trisakti University students in May, the mid-May riots here and several other cities, the gruesome murders of 200 Muslim clerics and alleged witchcraft practitioners in East Java and other areas, the clash between students and the military at the Semanggi cloverleaf in Jakarta, the riot in Ketapang, West Jakarta, and in Kupang, East Nusa Tenggara. The cases have yet to be resolved.

"Also noted was the violence against women, sexual violence and even murders, and the involvement of children as either victims or perpetrators in various incidents of violence."

The body recommended the government regularly issue explanations about cases of gross rights violations and their handling.

"This is necessary to appease public suspicion that there is campaign to cover up the possible involvement of ABRI personnel at various levels of responsibility.

"If ABRI is unable, then the President should do it," the body said.

Among its other recommendations were a call for the "systematic depoliticization" of ABRI to free it from influence peddling by elite political groups. It is needed for ABRI to act as an effective and professional national force, which can make corrections at all levels, including the rank and file.

It suggested the government should consider separating the defense and security ministerial post from the ABRI commander. The positions are held concurrently by Gen. Wiranto.

It also recommended the government immediately ratify international human rights mandates, in particular the International Covenant on Civil and Political Rights, International Covenant on Social, Economic and Culture Rights and the International Convention on the Elimination of All Forms of Racial Discrimination.

The commission also urged a halt in the ongoing trial of 11 elite troops charged with abducting political activists. It said there were indications the trial was not being conducted fairly for either the defendants or plaintiffs. (29)