JP/6/BAYU30
Expect little protection against violence in 2003
Bayu Wicaksono Yappika Jakarta
Now that the year 2002 is drawing to a close, the legislative, executive and judicial institutions and the public -- can reflect upon the implementation of law enforcement and human rights throughout the year.
In the settlement of human rights violations in East Timor, verdicts have been passed only on the former deputy commander in chief of the pro-integration fighters (PPI), Aitarak militia leader Eurico Gutteres, former East Timor Governor Abilio Jose Osorio Soares the former chief of the Dili military district, Lt. Col. Soedjarwo. Gutteres got 10 years in prison, Soares three years and Soedjarwo five years. None of the three have been jailed and are appealing the verdicts.
Other defendants in this ad-hoc human rights trial -- former chief of East Timor provincial police SM Timbul Silaen, former Kovalima regent Herman Sedyono, former Suai 1635 military district chief Col. CZI Liliek Kushardiyono, former Suai regency police chief Adj. Sr. Commr. Gatot Sugiyaktoro, former Suai military district chief of staff Maj. Achmad Syamsudin, military sub-district chief Capt. Sugito and, on Monday, former Dili task force commander Lt. Col. Yayat Sudrajat have all been acquitted.
On Oct. 12 Bali was jolted by bomb blasts, a tragic incident prompting, among other things, the issuance of government regulations in lieu of Law No 1/2002 on the eradication of terrorism.
Although the government means well, it fails to deal with the core problems in eradication of terrorism; the regulations failed to even clearly define terrorism. Instead, they have led to controversies regarding their retroactive enforcement, the definition of terrorism and even the significance of their issuance.
In January Secretary General of the United Nations, Kofi A. Annan, stated, "While we certainly need vigilance to prevent acts of terrorism, and firmness in condemning and punishing them, it will be self-defeating if we sacrifice other key priorities, such as human rights ...." More than this, a more important act will be improving and making effective the existing intelligence agencies. Of course, this improvement must deal with basic elements by standardizing intelligence reports.
Meanwhile, despite controversy the law on political parties has been ratified. A major shortcoming of this law is that it does not take into account nor prevent the likelihood of violence in the 2004 general elections.
It does not in the least regulate the existence of task force units attached to political parties and other organizations attached to these parties; while it is these task force units that have often committed acts of violence. Has any control over them deliberately been omitted from this law?
The law contains only general prohibitions. Chapter IX Article 16, states that the use of the name, flag or symbol resembling the name, flag or symbol of the state of the Republic of Indonesia, or another country or an international agency, is prohibited in campaigns. Article 2 of this law prohibits political parties from undertaking activities contradicting both the constitution and government policies.
Article 3 bans political parties from receiving and giving donations in whatever form -- in excess of the limit set in the law -- from and to foreign parties without mentioning clearly the identity of the donors or the recipients or from and to individuals or business entities. Political parties are not allowed to set up business entities and/or own the shares of a business entity. Then, political parties are also prohibited from adopting and spreading communism and Marxism-Leninism.
With a background of failing to resolve human rights violations and a new law failing to anticipate violence in the near future of the next elections, one can only turn to the National Commission on Human Rights.
Now empowered by the Law No. 39/1999 on human rights, it has been set up for two important goals -- supporting the implementation of human rights in accordance with the UN Charter and the Universal Declaration of Human Rights, and promoting human rights protection.
But given the regulations and decisions of 2002 that were not in favor of the interests of civil society, how can the Commission be expected to determine its course in 2003?
The only encouraging thing this year has been the final signing of an agreement on the cessation of hostilities between the Republic of Indonesia and the Free Aceh Movement (GAM). At least this agreement may avoid bloodshed, something that is bound to happen when the Indonesian military and the armed wing of GAM are locked in battle. However, 2003 will likely still be a difficult year for proper law enforcement and human rights protection. This pessimism is attributed especially to the absence of a significant change in the country's legal system and structure of state apparatuses.