Hakim pledges to fight for human rights

Tiarma Siboro, The Jakarta Post, Jakarta

Having survived controversy and politicking during his ascent to the National Commission on Human Rights' top job, Abdul Hakim Garuda Nusantara has set now his sights on putting the nation's human rights struggle back on track.

On the first day of his tenure, Hakim said a host of challenges faced the commission, ranging from power abuse committed by both the executive and legislature to the need for internal consolidation.

The rights body, he said, was held responsible for all attempts to ensure people's human rights were not violated.

"As people demand that we (the commission) respond to their hopes, we are now going to focus on three controversial bills, all of which have the potential to be used to justify rights abuses," Hakim said on Friday.

The bills in question were the broadcasting bill, the electoral bill and the antiterrorism bill.

"People have the right to access information and to enjoy freedom of expression. The restriction of these rights, on whatever grounds, will ruin the country's newborn democracy.

"I agree that the state must supervise it. But it is intolerable if a regulation affects people's basic rights," asserted Hakim, who is also an executive of the Institute for Policy Research and Advocacy (ELSAM).

In an attempt to settle rights abuses in the past, Hakim said that the commission would appeal to the government to immediately draft a bill on a truth and reconciliation commission. Based on the law, the state could take all necessary steps so as to benefit both the victims and perpetrators, he said.

"There are three options for settling such problems, namely promoting islah (reconciliation), offering both reconciliation and amnesty for perpetrators, or trying perpetrators," Hakim said.

Reconciliation could take place after the government clarified the occurrence of rights abuses and the number of victims involved, he suggested.

Rights activists have accused the regime of former president Soeharto of being responsible for rampant state violence. For various putative reasons, thousands of civilians were killed across the country under his rule.

Many believe that the military played a pivotal role in the state-sponsored violence, but only a few officers have been brought to justice. The government also appears reluctant to pay compensation to the victims.

The situation has not improved significantly despite the democratic movement that ousted Soeharto in 1998.

Hakim admitted that he preferred the islah option as he was skeptical about whether the country's law enforcers and lawmakers were committed to holding fair human rights trials.

"Look at the Trisakti, Semanggi I and Semanggi II incidents. The commission has completed its job and submitted its findings to the Attorney General's Office. But, it failed to bring these cases before the ad hoc tribunal," Hakim remarked, referring to the violence in 1998 and 1999 that killed dozens of students and other civilians as they rallied to demand sweeping reform.

Rights activists claim a deal has since been done between the politicians and the military, as shown by the fact that a House of Representatives' special commission concluded that no gross human rights violations had taken place during the three incidents.

Another onerous task awaiting Hakim is restoring the tarnished image of the commission following the reelection of figures many have linked to the authorities.

Apart from former military officer Samsuddin and police officer Koesparmono Irsan, who are old faces, rookie commission member Taheri Noor also has a military background. Taheri once served as a legislator representing the Indonesian Military (TNI)/National Police faction in the House, and as an officer attached to the now defunct National Intelligence Coordinating Board (Bakin).

"I have no comment to make on the commission line-up because all the members secured both the House and the President's approval. For me, it will be necessary to stage internal consolidation so we can all work together," Hakim told The Jakarta Post.

Hakim further said that the commission's current budget of Rp 3 billion (US$3.4 million) was no longer enough to fund its activities. He refused to be drawn, however, on what would be a sufficient level of funding.