Lack of political will hinders rights improvement

The world marks the 53rd anniversary of the Universal Declaration of Human Rights Day today, yet, there are no signs that major human rights violations in Indonesia will be properly investigated. The Jakarta Post's Kornelius Purba talked to leading human rights lawyer Todung Mulya Lubis about the issue.

Question: How do you see our human rights situation?

Answer: There is much discontent and disillusion about the direction we are taking. I am not saying there is no human rights policy, but there is no clear policy.

The government only reacts to pressures.

When people demanded trials for human rights violators, the government enacted a law on human rights courts and issued a decree on a human rights ad hoc court. These were reactive measures.

Preparations for the new court have dragged on. Training for judges only began in November, one month before the ad hoc court is due to begin its work.

What is the latest serious case of human rights violation?

The killing of the leader of the Papuan Presidium Council, Theys Helio Eluay. This poses a challenge to the government; if it fails to investigate and bring the culprits to court, Indonesia's image will be tarnished.

Another area very much under public scrutiny is Aceh.

The ramifications of the military operations these last 10 years have been devastating: Many innocent people, mostly women and children, have been killed. Yet, only one trial had been held. Most of the killings have not been investigated or prosecuted. This is unacceptable. In marking Human Rights Day, one challenge is what do we do with crimes against humanity.

The government has failed to live up to its commitment regarding crimes against humanity. There are lessons from the experience of Yugoslavia and Rwanda, but the government does not have the will to learn, while there has been so much abandoned material on human rights atrocities. We can also seek assistance from friendly countries like the Netherlands, host of the International Court of Justice, to provide training and material for our judiciary.

The lack of political will on the part of the government is the main obstacle to all of this.

What are your other observations on human rights here?

The independence of the National Commission on Human Rights (Komnas HAM) is an important issue. Despite some weaknesses, Komnas HAM has done quite an amazing job. Its achievements include the investigations into violations in East Timor, and the death of labor activist Marsinah. Currently, the commission is investigating the (shooting of students) in the Trisakti and Semanggi incidents.

Komnas-HAM contributed a great deal to the improvement of Indonesia's human rights performance. But the government seems to feel that it is dangerous to let it enjoy independence.

This reactionary attitude is counterproductive for the government. Its attempt to interfere in the selection process of the new Komnas-HAM members would be widely interpreted as an attempt to control the commission.

How about the Indonesian Military (TNI)?

Most human rights violations have to do with the military, including the killings in Aceh, Papua, Maluku and other places. People will not accept that only subordinates are being brought to trial. The present military leadership should let some of its generals to face trial. This is essential for public acceptance of the government's seriousness in resolving these problems.

How can the military be encouraged to do its share?

As in Aceh, the number of military personnel must be reduced. Intelligence operation should not be completely eliminated but it should be substantially reduced. The practice of using civilians as informants in military operations must be abolished.

The police must punish members implicated in any abuse. I have not seen measures being implemented in Aceh.

People are watching whether the military has changed its behavior. They are aware of their rights and have so much more access to information. The military must change its attitude and policies, or face total condemnation from the people.

How about President Megawati Soekarnoputri's commitment to human rights?

Gus Dur's (Aburrahman Wahid) administration gave more attention to human rights, not only because there was a ministry in charge of human rights under his administration.

Under Megawati, we see a number of bills being debated or proposed on human rights enforcements (which do not necessarily promote human rights).

Recently, the government announced its plan to draw up a bill on anti-terrorism. We are all against terrorism, but to have a law on terrorism that gives so much power to the government, police and prosecutors to investigate and prosecute without due legal process is an outright violation of human rights.

We have fought for the right to be counseled, for legal assistance, and for the right to be defended. These rights could be pushed aside in the name of fighting against terrorism.

Does the legislature care about human rights?

Members are busy with their own agenda, with fighting each other. Human rights are not on their agenda. The impetus of the human rights movement in Indonesia must come from the civil society movement and the media; not from the political parties, the House of Representatives or the government.