Govt urged to improve legislation on human rights
Govt urged to improve legislation on human rights
Tony Hotland, The Jakarta Post, Jakarta
Human rights activists urged the government to provide better
legislation for human rights protection in the country as it aims
to ratify the International Bill on Human Rights.
Director of Indonesian Human Rights Monitor (Imparsial)
Rachland Nashidik said that without such a measure, the move to
ratify the international convention would only be seen as a mere
cosmetic gesture to enhance Indonesia's image in the
international community rather than to bring substantial progress
in the protection of human rights here.
"Looking at our history (performance of past governments), I'm
pessimistic that the government will enact (the necessary) laws
immediately or even in the future due to strong political
reluctance," he said over the weekend.
"The idea of ratifying the bill surfaced during the
administration of Gus Dur (president Abdurrachman Wahid). But
there's a question mark whether the plan to ratify it now is
because we're elected to chair the United Nations Human Rights
Commission last month," he said, referring to Makarim Wibisono, a
senior Indonesian diplomat who has been appointed to the top post
at the UN human rights body.
President Susilo Bambang Yudhoyono is said to have instructed
the Ministry of Justice and Human Rights to prepare for the
ratification of the International Bill on Human Rights, which
came into being three decades ago.
The bill consists of two covenants: the International Covenant
on Economic, Social and Culture Rights; and the International
Covenant on Civil and Political Rights.
Rachland said the government should also adopt two optional
protocols contained in the bill. One is allowing individuals to
submit petitions about human rights violations in Indonesia, and
second is the abolition of the death penalty in all forms.
"If the government wants to be thorough and show that it takes
the bill seriously, it should consequently enact implementing
laws and adopt these two protocols. At least, the ratification
allows the amendment of the current Human Rights Law, which still
contains many loopholes," he said.
Indonesia has ratified a number of conventions in connection
with human rights, such as the International Convention on the
Elimination of All Forms of Racial Discrimination; the Convention
Against Torture and Other Cruel, Inhuman, or Degrading Treatment
or Punishment; or the Covenant on the Elimination of All Forms of
Discrimination Against Women.
However, no laws have been enacted to follow up the ratified
conventions to make them a part of Indonesian law, making the
protection of these respective issues more discounted and more
difficult to assure.
Makarim Wibisono also warned the government to be responsible
with its plan to ratify the bill.
"What's worse than not ratifying the bill is ratifying it, but
intentionally ignoring the responsibility it brings by not
applying it. It means you need the implementing guidelines, such
as laws and government regulations," he said.
He also said that the international bill should be able to
address the issue of legal impunity enjoyed by certain groups of
people, which many believe is the main reason why many human
rights cases here have failed to bring justice to the victims.