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)