Big challenges ahead for KOMNAS independence

Big challenges ahead for KOMNAS independence

JAKARTA (JP): The National Commission on Human Rights still
faces serious challenges in retaining and improving its
independence, because so far its reputation of being fairly
independent of the government has relied more on its individual
members, researchers said.

To overcome its vulnerability because of its formation through
a presidential decree and its sole source of funding from the
State Secretariat, the study team from the Gadjah Mada University
said one urgent measure was to improve its status in the legal
and political structure.

"The possibility is now wide open with the mention of human
rights in a new decree issued by the Special Session of the
People's Consultative Assembly," the summary of the study by
Cornelis Lay and Pratikno said. Commission chairman Marzuki
Darusman has also proposed that the commission's status be
established in a law.

The researchers were presenting on Wednesday their findings
and recommendations on a study of the commission. The
presentation was held in a seminar sponsored by the University
and Pact Indonesia.

Another measure to maintain the commission's independence was
the need to include funds for the commission in the state budget,
they said.

Also, the study, completed before the new composition of 25
members was announced Monday, said better recruitment of members
could be done by involving the public. The researchers said this
was also needed to maintain its autonomy in recruitment and to
prevent government intervention in the future.

Researchers in part credited the late first commission
chairman, former minister of justice and attorney general Ali
Said, for laying down the foundations for its independence.

He was also credited with initiating the commission's ethics
against conflict of interests. The study cited the example of
member Miriam Budiardjo, who recently resigned, having declined
to join a commission investigation into a case related to mining
firm PT Freeport Indonesia in Irian Jaya, where her husband was a
former executive.

In face of all obstacles the researchers said the commission
managed to retain its independence and had "given high self
confidence among the powerlessness to organize themselves."

It now faces thousands of cases, leading it to an "energy
crisis." But such activity could mislead the need to empower the
representative body, the researchers said.

Because the source of most rights abuses are "authoritarian
politics", Cornelis and Pratikno said prevention should start
from the revamping of the political system.

"In this context the commission should realize its active role
could divert public attention from the agenda of empowering
representative bodies, which would instead be a constraint on
democratization," they said. The House of Representatives had
been considered a rubber stamp under the former government.

The thousands of cases the commission was facing would render
it merely a fire brigade, the researchers said in their executive
summary of the study entitled "The National Commission on Human
Rights and Human Rights under an authoritarian regime."

The commission was set up in 1993 under widespread speculation
that it would only be a showcase in the face of international and
domestic criticism of rights abuses here.

Other speakers included commission member Asmara Nababan who
spoke on the constraints of the commission in a transition
period. (anr)