Bill benefits rights abusers: Activist

Bill benefits rights abusers: Activist

Kurniawan Hari, The Jakarta Post, Jakarta

The House of Representatives is expected to endorse the bill on
the Truth and Reconciliation Commission on Tuesday, but a human
rights campaigner doubts the effectiveness of the commission to
fulfill its tasks.

Ifdal Kasim, director of the Institute for Policy Research and
Advocacy (ELSAM), said on Sunday the commission would face an
uphill climb in its efforts to facilitate reconciliation between
the victims and perpetrators of human rights abuses.

He said the bill contained conflicting articles that would
hamper the reconciliation process.

"There is still a chance for the lawmakers to revise the bill
before approving it," Ifdal told The Jakarta Post.

He also criticized the bill for favoring human rights
perpetrators rather than helping the victims seek justice.

For example, he said, Article 27 in the bill stipulates that
human rights victims shall receive compensation or rehabilitation
only after the perpetrators are granted a presidential pardon.

Meanwhile, Article 24 says the commission must deliver a
ruling no later than 90 days after receiving a report on human
right violations. In its ruling, the commission may recommend
that the government provide compensation, rehabilitation, or
restitution to the victims, or suggest that the President grant
amnesty to perpetrators.

Separately, human rights activist Albert Hasibuan said the
bill's contents were fair enough to facilitate a reconciliation.

The truth and reconciliation commission bill, comprising 10
chapters and 46 articles, suggests that human rights violators
can receive a formal pardon if they admit to their wrongdoings
and the victims forgive them.

If the victims do not forgive their abusers, the commission
can still recommend that the president grant them amnesty; in the
case that alleged human rights perpetrators deny the accusations
against them, they will be prosecuted by the human rights court.

The establishment of the Truth and Reconciliation Commission
is mandated by a People's Consultative Assembly Decree issued in
2000, which declares the commission's purpose as boosting
national unity through reconciliation.

According to the Assembly decree, Indonesian history has been
witness to socio-economic disparities and oppression resulting
from discriminative practices. Acts of discrimination, carried
out either by the state or society, are considered forms of human
rights abuse.

The government enacted in 2000 a law on the human rights
tribunal, which is tasked with hearing cases of crimes against
humanity that have taken place after the law came into effect.

Within the seven years it is to exist, the Truth and
Reconciliation Commission is expected to resolve cases of human
rights violations that occurred between 1945 and 2000.

Families and victims of the Tanjung Priok massacre in 1984,
the May 1998 riots, forced disappearances of government critics
in 1997, the Trisakti shootings in May 1998, the Semanggi clash
in September 1998 and the 1989 Lampung incident have opposed the
bill on the grounds that it would allow the commission to keep
human rights perpetrators from being prosecuted.

Meanwhile, the House military and police faction has suggested
that the human rights cases be reconciled without disclosing the
truth, as revealing it would only lead to new conflicts within
the nation.