Fri, 28 May 2004

Komnas HAM asked to help with Gus Dur saga

Muninggar Sri Saraswati, Jakarta

In its latest display of loyalty to its disqualified presidential candidate Abdurrahman "Gus Dur" Wahid, the National Awakening Party (PKB) sought on Thursday assistance from the National Commission on Human Rights (Komnas HAM).

Party leader Alwi Shihab said the PKB was expecting advice from the commission over possible moves that could annul the decision by the General Elections Commission (KPU) to exclude Gus Dur from the presidential race.

"We come here not for the private interests of Gus Dur. It is for democracy and human rights protection in the country. We hope the infringement of civil rights of our citizens does not recur in the future," Alwi told reporters.

Accompanied by PKB deputy chairman Mahfud MD and lawyer Ikhsan Abdullah, Alwi met with commission chairman Abdul Hakim Garuda Nusantara and his deputy, Zoemrotin K. Susilo.

The PKB leaders also questioned Komnas HAM's stance on the party's report filed with it against KPU Decree No. 36/2004 that requires all presidential and vice presidential candidates to pass a medical examination, which the party deems discriminatory.

"What will you do about the issue?" Mahfud asked the rights campaigners.

In his response, Abdul Hakim said Komnas HAM shared PKB's view, saying the rights body was concerned about the dispute.

"The regulation looks fine but the methods to examine the candidates' physical and mental health and the results have violated the civil and political rights of citizens," Abdul Hakim said.

According to him, doctors have no authority to declare a candidate fit or unfit for the race because the medical tests were originally aimed at assessing a candidates' ability to take account of any decision they make before the law.

The rights body has written to the KPU, asking about the case. Abdul Hakim said he would send another letter.

"However, we cannot intervene in the political affairs of the KPU," he said.

Zoemrotin said that the KPU's decision to issue the regulation was "irresponsible".

"Before issuing the regulation, they should have discussed it with rights experts first. It's a big issue. We regret that the KPU has used its own interpretation (of civil rights), which is not a responsible way of working," she said.

PKB and Gus Dur have filed a complaint with the Constitutional Court, the Supreme Court and the Election Supervisory Committee (Panwaslu) in a bid to annul the KPU regulation. The first two institutions have refused to hear the case.

Panwaslu has asked the KPU twice to attend a tripartite meeting to solve the dispute, but the elections commission has not responded.

Ties between the KPU and Panwaslu have soured since.

Although it has officially thrown its weight behind Salahuddin Wahid and his running mate Golkar Party's presidential candidate Gen. (ret) Wiranto, PKB has vowed to continue its efforts to help Gus Dur join the race.