Human rights: Where does RI stand?

By Warief Djajanto Basorie

JAKARTA (JP): People worldwide observe Human Rights Day today on the 49th anniversary of the United Nations General Assembly's adoption of the Universal Declaration of Human Rights.

Where does Indonesia stand on human rights?

A pertinent definition came from the head of state himself. In his state of the nation address of Aug. 16, 1990, President Soeharto said Indonesia's concept of humans rights is an elaboration of the principle of "just and civilized humanitarianism". This is the second tenet in the Pancasila, Indonesia's five-point state philosophy.

Soeharto's statement effectively ended the ambiguity and shed light on the nation's stance.

Indonesia's concept of human rights is borne out of the noble dignity of human beings as a whole, and their dignity as individuals. This understanding of human rights is not an individualistic one that sacrifices the interests of the society, nation and country, Soeharto said.

This means progress and fortune gained by an individual are not really his sole rights. Included in them are the fortunes and rights of other individuals that must be transferred, whether through the state, society or directly in person. Social responsibility coexists with human rights, Soeharto stated.

The guideline for implementation of Pancasila -- widely known by the initials P4 -- elaborates on this second principle. It states that "just and civilized humanitarianism means upholding humanitarian values, finding satisfaction to undertake humanitarian activities and having the courage to defend truth and justice".

Indonesians can take that statement, sanctioned by the People's Consultative Assembly (MPR) in its 1978 session, as a yardstick to measure respect and compliance with human rights.

Another reference point is the presidential decision that established Indonesia's National Commission on Human Rights (Komnas HAM) on June 7, 1993.

The preamble to that decision states that Indonesia, "as a part of the community of nations, respects the United Nations Charter and the Universal Declaration of Human Rights of the United Nations".

The President established a national commission on human rights with a dual purpose -- to increase protection of human rights for Indonesians and "help promote conditions conducive for the conduct of human rights in accordance with Pancasila, the 1945 Constitution, the United Nations Charter and Universal Declaration of Human Rights".

One can interpret the quote from Article 4 of the presidential decision as meaning that Soeharto places the two UN documents on the same level with Indonesia's state philosophy and constitution in advancing human rights.

As a member of the community of nations, however, Indonesia has so far ratified only four of the 25 UN-sponsored human rights instruments that require ratification.

As of June 30, 1996, these were the International Convention against Apartheid in Sports; the Convention on the Rights of the Child; the Convention on the Elimination of All Forms of Discrimination against Women; and the Convention on the Political Rights of Women.

Indonesia signed one other convention, on Cruel, Inhuman or Degrading Treatment or Punishment, on Oct. 23, 1985, but it has not been ratified.

It is interesting to note that Indonesia is not among the 132 states which have signed the International Covenant on Civil and Political Rights, considered to be a major human rights instrument.

Through personal communication, a senior official familiar with human rights issues explained that ratification requires the country concerned to report on its own human rights situation to a human rights committee. Apparently, this has been a sticking point for the government.

Indeed, Article 40 of the CCPR states that a ratifying country has to submit reports on measures it has adopted which give effect to the rights recognized in the covenant.

Furthermore, Article 41 stipulates that if a state party, or country, believes another state party has not fulfilled its obligations under the covenant, that country can ask the human rights committee to look into the matter.

Indonesia has not ratified the three important United Nations instruments on human rights: the economic, social and cultural rights covenant; the civil and political rights covenant; and the antitorture convention.

Although it has not acceded to the three, Indonesia has worked on human rights through Komnas HAM.

When Komnas started work in 1993, critics doubted it could act independently and effectively given that it was established by the government.

Its four-year record has silenced the naysayers.

"Komnas HAM continues to act with greater independence than was predicted for the government-sponsored commission and has become an important tool for protecting human rights," wrote the New York-based Lawyers Committee for Human Rights in a July 1996 review of the U.S. Department of State's country reports on worldwide human rights practices.

"However," the lawyers committee continued, "it is still constrained by its weak legal standing, unclear mandate and occasional interference from the military."

The commission demonstrated its independence in its investigation on the violent takeover of the headquarters of the small Indonesian Democratic Party (PDI) in Jakarta on July 27, 1996. The commission cited six human rights violations, including freedom of assembly and association, the freedom from fear, and the freedom from cruel and inhumane treatment.

It reported that security forces were involved in the takeover in support of the government-backed PDI faction that wanted its rivals removed from the party premises.

The commission recommended that government involvement in support of one conflicting party should be prevented.

Indonesia has made a significant step in the establishment of the commission. Much work still lies on the road ahead to advance human rights.

On the legal front, Muladi, a law professor at Diponegoro University in Semarang and commission member, made 14 recommendations for better legal observance of human rights in a 1995 seminar.

These included a review of all laws, from the colonial era and since independence, that tend to violate human rights, and their replacement with laws that contain values recognized by civil nations. Another recommendation was the creation in all courts of a special panel to try human rights violations.

Translating recommendations into realization is easier said than done. As Komnas HAM admits in its 1996 annual report, a major problem it faces is high public expectations for quick fulfillment over complaints.

The writer is a lecturer at the Dr. Sutomo Press Institute, Jakarta.