National rights body derided as 'a club'

JAKARTA (JP): The National Commission on Human Rights was handed a fresh no-confidence motion over its legitimacy on Tuesday.

The long-standing issue resurfaced during the launching of a book on human rights titled National Commission on Human Rights in Five Years of Services, compiled by local journalists grouped in the Forum of Common Sense.

Noted legal expert and non-governmental organization activist Abdul Hakim Garuda Nusantara accused the commission of lacking legitimacy because it was established under a presidential decree but it does not provide an account to the president.

"In order to prevent the president's intervention, the commission endorsed a statute which enables it to choose its own members," Garuda said.

"The idea to maintain independence is good, but such a practice has reduced the commission to a mere club."

Founded in 1993, the commission's 25 members range from nongovernmental activists to politicians.

Garuda said there should be a law fortifying the commission with legitimacy and extra authority to force the government to heed all its recommendations.

He said the law could state that prospective commission members be nominated by the House of Representatives before being installed by the president.

Former commission secretary-general Baharuddin Lopa and a commission member, Clementino dos Reis Amaral, took issue with Garuda's comments.

"The commission has always submitted its annual report either to the president or nongovernmental institutions. It is the people whom we serve the guarantee of our legitimacy," said Lopa, who is the designated envoy to Saudi Arabia.

Clementino, who represented commission chairman Marzuki Darusman, said House selection of members would change the rights body into a political institution.

"Each faction in the House will nominate its own cadres for places in the commission. Political struggle will mar the selection of commission members," Clementino argued.

Lopa admitted recruitment procedures needed reviewing.

In response to a call by Minister of Justice Muladi for commission members to relinquish posts in political parties, Garuda suggested the commission apply a code of ethics to keep it on track.

"I'm not saying that politicians must be barred from the commission, but a few cases in the past teach us that people have difficulty accepting a commission member who apparently voices his or her political party's interests."

He was referring to Marzuki's statement that banning civil servants from political activities breached human rights principles. Marzuki chairs the Golkar faction in the People's Consultative Assembly. Golkar formerly insisted that civil servants should be allowed to hold executive posts in their political parties.

Both Lopa and Clementino agreed with Garuda's point, but said they were unconcerned about politicization of the commission.

"As far as I know only people who are committed to human rights advocacy qualify for the commission membership. They manage to put public interests before those of their respective party," Clementino said. (amd)