Human rights court could be formed

JAKARTA (JP): The recent introduction of the bill on human rights could lead to the establishment of a human rights court in the future, with community members having the right to file class action suits against violators, the government said.

Minister of Justice Muladi said on Friday the No. 14/1970 judiciary law authorizes such a court, but stipulates that its establishment be regulated in other legislation.

"So with this bill, a legal groundwork would already exist, should a need for the human rights court emerge," Muladi told a plenary session of the House of Representatives deliberating the bill on human rights and the National Commission on Human Rights.

On the class action, Muladi said "as long as the class action is lodged with the National Commission on Human Rights", plaintiffs representing those whose rights were allegedly violated would be examined by the body through its monitoring, investigation and mediation subcommission.

"Legal procedures for it (class action) will further be regulated in the rights body's internal rules," he said in response to a question raised in the previous session by the Indonesian Democratic Party faction.

With criminal class actions related to human rights violations, legal procedures would be accessed under the Criminal Code Procedures regulated under the No. 8/1981 law, he said.

In the plenary session presided over by deputy House speaker Hari Sabarno, Muladi said the bill would expand the organization, rights, authority and accountability of the commission.

"The regulation on sanctions against human rights violations is strict and clear in this bill," he said in response to United Development Party faction questions.

Under the bill, the rights body could proceed with three legal measures to resolve cases of rights violation: mediation, its own investigation and recommendation for parties to solve disputes through the court.

"No sanctions will be regulated during mediation efforts (as the rights body will help disputing parties find win-win solutions)," Muladi said.

Should the disputing parties agree to the process, the rights body could launch its own investigation and issue a "verdict" .

Three kinds of outcomes were expected: a public apology by the guilty party, compensation by the guilty party and rehabilitation of the good name of the violated party.

The bill rules the "verdict" will be final and legally binding and that it could only be appealed to the Supreme Court, the country's highest judiciary body.

Under the bill, the rights commission has the authority to suggest a court settlement to disputing parties in accordance with existing laws, Muladi said.

The rights commission is often criticized as weak, because it was founded in 1993 under a presidential decree, a less powerful regulation compared to a law.

The new bill also covers the duties and responsibilities of the government and its apparatus, in order to promote public and official recognition and protection of human rights.

ILO

In Friday's session, the House also passed three bills ratifying three international conventions on labor (ILO).

Minister of Manpower Fahmi Idris attended the session.

The conventions were ILO Convention No. 105 concerning the abolition of forced labor, ILO Convention No. 111 on discrimination in employment and ILO Convention No. 138 on the minimum working age.

"These bills have a link to both national and global issues related to the upholding and respect of human rights and on the protection of workers, especially child labor," Fahmi said.

Indonesia has ratified the ILO's four other core conventions. They are ILO Convention No. 87 on freedom of association and protection of the right to organize (through Presidential Decree No. 83/1998); ILO Convention No. 98 concerning the right to organize and bargain collectively (through Law No. 18/1956); ILO Convention No. 29 on forced labor (through Indische Staatblad No. 261/1933) and ILO Convention No. 100 concerning equal remuneration for men and women workers for work of equal time (through Law No. 80/1957).

Also on Friday, House Speaker Harmoko closed the House sitting session for over a month, due to the June 7 elections. The House will reconvene on June 9. (aan)