Human rights: Where does RI stand?

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.