Activists hail draft amendment on human rights

Activists hail draft amendment on human rights

JAKARTA (JP): The People's Consultative Assembly (MPR) was
hailed on Tuesday for proposing the inclusion of a human rights
chapter into the 1945 Constitution, but at the same time it
received a thumbs down for rejecting a retroactive clause, which,
it is feared, could discourage investigations into past crimes
against humanity.

The draft of the human rights chapter, which received
overwhelming support from factions in the Assembly in Tuesday's
plenary session, consists of 10 articles, including one that
guarantees the right to live free from torture, slavery and
charges based on retroactive laws in whatever condition.

Prominent lawyer Todung Mulya Lubis said the human rights
articles were comprehensive.

"Learning from the draft amendment, the articles provide
protective human rights. It's better than conditional human
rights provided by the current Constitution," Todung told The
Jakarta Post.

"Furthermore, the draft was made after hearings with several
organizations. It means the amendment was made by taking people's
aspirations into account," he added.

He was concerned, however, about article 28I which provides
people with protection from charges based on retroactive laws.

"The article is crucial because it will allow human rights
perpetrators in the country to escape trial," he said.

He said the Criminal Code (KUHP) was not a sufficient
instrument to solve human rights violations.

Todung admitted that the modern Criminal Code did not
recognize the principle of retroactivity, which allows for trials
of past criminal cases.

"But in cases of severe human rights violations, we may use
the principle of retroactivity," said Todung.

Contacted separately, Hendardi of the Indonesian Legal Aid and
Human Rights Association (PBHI) shared a similar view, saying
that it could be used to protect those who were involved in human
rights abuses in the past.

"I'm sure there's a certain political motive to protect the
human rights perpetrators," he remarked.

He admitted, however, that at present, retroactivity was not
necessarily mentioned in the Constitution and suggested the
establishment of an ad hoc court to try past atrocities.

Meanwhile, Commission A members denied that human rights
violations, such as those which occurred in Tanjung Priok, East
Timor and Aceh, could not be tried, suggesting that the cases
could still be processed based on the Criminal Code.

"We could use KUHP, since it also carries heavy punishment.
The cases could also be brought to an international tribunal,"
Commission A deputy chairman Slamet Effendy Yusuf told reporters.

He maintained that all criminal cases, including human rights
abuses, based on legal principles, could be tried through a law
which took effect after the cases occurred.

He said the inclusion of the right to be free from charges
based on retroactive laws was aimed at accommodating the basic
principles of law.

"Even the Koran could not be used to punish people before the
Holy Book was given by God to prophet Muhammad," Slamet, from the
Golkar Party, said.

Another Commission A member, Patrialis Akbar, supported
Slamet's opinion, saying that the cases could be still tried
using KUHP.

"It now depends on the prosecutors to bring the cases to
court," Patrialis, from the National Mandate Party (PAN), said.

He admitted that the clause ensuring the freedom of charges
based on retroactive laws was never discussed in the Assembly's
ad hoc committee prior to the Annual Session.

"The clause was only discussed in a synchronization team in
several meetings at the Sheraton Bandara Hotel in July,"
Patrialis said.

He agreed that based on the Article 28I (1), human rights
abuses could not be tried using the new Human Rights Court Law,
the draft of which is being deliberated by the House of
Representatives.

Legislator Joko Susilo from the Reform faction earlier said
that the proposal was suggested by the Indonesian Military
(TNI)/National Police faction.

"The proposal was discussed in a fierce and long debate,"
Joko, from PAN, said on Monday.

On June 5, the government submitted the bill on a human rights
court after heavy international pressure to try human rights
abuses that occurred in East Timor.

The bill was submitted since the Criminal Code was considered
to be lenient and not tough enough to try those suspected to be
involved in the abuses.

House Speaker Akbar Tandjung had promised to pass the bill by
the end of July, but it has yet to be approved. (nvn/jun)