Human rights court could be formed

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)