Human rights body needs to improve role

Human rights body needs to improve role

JAKARTA (JP): The National Commission on Human Rights has so
far proven to be capable of being the guardian of human rights
protection in the country, as has been shown by the international
and domestic respect accorded to it in the last few months.

However, there are still some questions as to how independent
it is as well as whether it is being overwhelmed by the onslaught
of reports on rights violations. The Jakarta Post asked several
people for their impressions, comments about and views on the
body. The following are excerpts from the interviews.

Frans Seda, a senior economist and former minister of finance,
said the commission should not act merely as a human rights
watchdog or as an institution to handle rights violations. It
should also actively seek justice for people.

"We should recognize that the birth of the rights body is a
great move. It shows our commitment as a nation to human rights,"
Seda noted.

"But we also should realize that the establishment of the
rights body was not a reaction to other countries' charges of
human rights violations here," he said. "It rather shows that our
country is a society where individuality is growing rapidly."

In this situation, citizens no longer find a community acting
as one the most conventional forum for handling human rights
issues.

Instead, every individual is trying to fight for their own
rights, Seda said, adding that the government is now more often
facing individuals rather than communities.

The government should take into account that an Indonesian has
rights, not only as a citizen of the country but also as a human
being, he suggested.

"Therefore, the basis for human rights recognition and
enforcement lies in our ideology, Pancasila, particularly its
second item, which demands a 'Just and civilized humanity'," he
said.

Seda suggested that to improve its role, the rights body needs
more staff with expertise in sociology and philosophy.

He also noted that the government has no right to interfere in
the rights body's activities or to influence its decisions in any
cases although it is the government who set it up and funds it.

It's not and should not be viewed as a "political product"
just because it was established by the government.

"It's a misleading assumption that to be more independent, the
rights body should raise funds by itself to fund its activities,"
Seda contended.

"On the contrary, the government should provide all the funds
needed by the rights body. It's the government's obligation to do
so. On the other hand, the members of the rights body should be
more responsible and more responsive."

Seda said that although the rights body should be independent,
it could also act as the government's voice in dealing with
foreign charges of human rights violations.

Commenting on the newly-elected chairman Munawir Sjadzali,
Seda said "I would say that he is the right person to lead the
rights body. He is an intellectual and religious man."

The rights body truly needs a figure like Munawir,
particularly as the body is still looking for its most
appropriate position in Indonesia's political context, he said.

Bambang Widjojanto, chairman of the Foundation of the
Indonesian Legal Aid Institute, gave a conditional welcome to
Munawir's election as the new leader of the rights body.

He questioned whether Munawir's proximity to the government --
he is a former religious affairs minister and currently an
advisor to President Soeharto -- can set him apart sufficiently
from the power holders.

"Pak Munawir is a simple and honest man, but as the chairman
of the rights body he has to be brave enough to differ with the
government," he said.

Bambang suggested that Munawir should drive all members of the
rights body to be active in promoting human rights, because only
a few of its 19 existing members are currently really active in
the field. Moreover, reports on rights violations are piling up
all the time, he maintained.

He also called on the rights body to demand a review and even
renewal of Indonesia's legal foundations, especially those
related to human rights such as the controversial subversion law.

"The subversion law seems to be being used again, but the
rights body does not actively oppose it anymore although it used
to do so," Bambang said.

Lukman Harun, a senior member of the central board of the
country's second largest Moslem organization, Muhammadiyah, said
the rights body has been asked to deal with too many problems.

"People are expecting too much from the commission if they
think it should tackle issues which should be handled by the
House of Representatives or legal institutions," Lukman said,
citing labor-employer disputes as an example.

He questioned, however, why people with such legal problems go
to the rights body, and suggested that it might indicate that the
House is not functioning properly.

Lukman hoped that the body, under the leadership of Munawir,
will eventually be able to take on and handle problems according
to its priorities, taking first those related to human rights
violations.

"Munawir is a conceptualist who succeeded in introducing a law
governing religious (Islamic) courts when he was the minister of
religious affairs," said Lukman, who is also a deputy chairman of
the Indonesian Ulemas Council and a vice chairman of the
Association of Indonesian Moslem Intellectuals.

He said the rights body should be fair and balanced in dealing
with all human rights violations, noting that the body was not
really fair in assessing human rights violations in East Timor
and Flores, where many mosques have been destroyed.

Usman Effendy, a board member of the Association of Indonesian
Artists, commended the rights body's achievements, saying that it
has been able to settle many disputes, aside from human rights
violations.

"The rights body has been able to provide an initial forum for
the conflicting parties to communicate and have dialogs to settle
their problems," Usman said.

Usman was involved in helping solve a dispute among the
association's members, which was eventually taken to the rights
body for settlement. (team)