Law enforcement key to rights protection

Law enforcement key to rights protection

Abdul Hakim Garuda Nusantara,
Chairman of the National Commission on Human Rights

Since the downfall of the repressive regime of former president
Soeharto in 1998, Indonesia has produced several pieces of
legislation which aim to strengthen human rights protection.

Among them are Law No. 39/1999 on human rights and Law No.
26/2000 setting up the human rights tribunal.

The amended Constitution, meanwhile, specifically sets out the
recognition and protection of human rights.

Indonesia has also set up a considerable number of
institutions to uphold human rights, including the National
Commission on Women's Protection, the General Elections
Commission (KPU), the Ombudsman's Commission and various human
rights tribunals under the National Commission on Human Rights.

These developments can be seen as promising, especially if we
judge the country's achievements in terms of human rights-related
laws enacted and the number of institutions established. And
there is no doubt that new laws relating to civil, political,
economic, social, cultural and environmental rights have become
part of our legal fabric.

Yet, in reality, for the past six years from the beginning of
the reform era until the early days of President Susilo Bambang
Yudhoyono's government, Indonesia has continued to witness
widespread and blatant rights abuses.

The victims are mostly members of society who are economically
and politically weak or, ironically, human rights campaigners.

Of the violations, the violence in conflict-prone areas like
Aceh, Papua, Poso or Maluku is the most noticeable. Many people
there continue to be victimized -- killed, tortured, raped, or
just generally intimidated -- often with the consent or
participation of the country's law enforcers.

It has become an open secret that most violence involves
security forces, be it the military or the police.

Sadly, the trend continues.

One may argue, however, that some human rights have been
protected in the country, as most Indonesians have exercised
their political rights, are free to express themselves and have
participated in relatively free and fair elections. This is to be
commended and something we should be proud of.

However, what is also clear is that the country has yet to be
able to provide physical protection to all of its citizens.

And it is the lack of the supremacy or rule of law that is the
most saddening and frustrating for many.

In this country we continue to witness the "law of the rulers"
-- not the rule of law; the legal system remains an institution
that protects those who are wealthy and close to power above
those who are not. The law has yet to exist in substance applying
equally to everyone and, therefore, it remains unable to deliver
justice.

Upholding the rule of law is the key to the protection of
human rights. Human rights will be protected only if the
government enforces the country's laws consistently and fairly.
Those who commit murder or other serious crimes must be
questioned properly and prosecuted fairly.

But the government remains unable to uphold justice.

Take Papua as an example. To date, Papuans still question the
result of an investigation into the death of Dortheys "Theys"
Hiyo Eluay. The case took place three years ago and it has been
heard in court. Seven Army Special Forces (Kopassus) officers
received extremely lenient jail terms for his murder and most
Papuans continue to believe it was ordered by the state.

Theys headed the Papua Presidium Council, which campaigned
peacefully for independence. He was killed in November 2001 while
being driven home from a dinner hosted by the Special Forces
headquarters in the provincial capital of Jayapura. Seven
Kopassus soldiers have been jailed for between 24 and 42 months
for the murder. However, the military tribunal investigating the
killing failed to trace those who gave the order. Theys' family
believe Jakarta was behind his assassination.

Papuans want to see the central government deal seriously with
security officers involved in acts of violence against civilians,
and they want those who ordered the crimes punished even more
severely.

The Acehnese have also raised the same demands. They want law
enforcers to settle several cases of murder and torture for the
sake of justice.

The National Commission on Human Rights, whose authority is
limited to conducting initial investigations, has finished
several major cases of gross human rights violations.

They are the human rights violation cases in Wamena and Wasior
in Papua in 2001 and 2003 respectively, which it says involved
the military and the police. The Trisakti University shootings,
the May 1998 riots and the bloody incidents known as Semanggi I
and Semanggi II tragedies in 1998 and 1999 have also been
investigated.

The commission concluded gross violations of human rights took
place during all these incidents and recommended the Attorney
General's Office prosecute the suspects, many of them again
officers in the military.

To date, however, the office has yet to make any move and
families and friends of the victims continue to question the
government's commitment to settling these cases.

If the government avoids the prosecution of cases deemed gross
violations of human rights, it is easy to predict its stance on
other cases involving the protection of civil and political
rights, economic, social and cultural rights and environmental
rights.

The recent and violent police raids against villagers of
Bojong, Bogor, who had protested the establishment of a waste
disposal plant in their area do not auger well for human rights
protection.

The police were clearly partisan in the dispute and not aware
they had also to recognize and respect the residents' rights to
protect their environment.

Conceptions and the application of human rights change as the
context for them changes. Terrorism is the latest threat -- both
to public safety but also to public rights. The authorities must
draw a line between protecting the public without sacrificing
people's human rights.

The campaign against terror must have a strong basis. It must
not discredit certain groups for no good reason. Laws must be
based on international human rights standards, which outlaw
discrimination against people with certain political or religious
views.

However, the biggest challenge for the current government is
upholding the rule of law.

Only by creating a respected, fair and accountable police,
military and judiciary can the government hope to guarantee the
human rights of all.