Outgoing lawmakers agree on qualifying period for reconciliation
Kurniawan Hari, The Jakarta Post/Jakarta
Resolution of all cases of human rights abuse via the planned truth and reconciliation commission will cover a long period between Independence Day in 1945 and 2000, lawmakers have agreed.
Sofwan Chudorie, deputy chairman of the House committee deliberating the bill on truth and reconciliation, said on Thursday the agreement was reached unanimously.
"After much debate, we finally agreed that all cases of human rights violations that occurred after the declaration of independence could be brought before the truth and reconciliation commission for resolution," said Sofwan after a closed-door session.
In a hearing with the House committee last month, Indonesian Military (TNI) Commander Gen. Endriartono Sutarto suggested that the bill on the truth and reconciliation commission, if enacted, comply with the universal principle of non-retroactivity.
A number of TNI officers recently stood trial for their alleged role in human rights abuses in the past, but most were acquitted due to lack of evidence.
The bill on the truth and reconciliation commission was designed to settle human rights violations that occurred before the enactment of Law No. 26/2000 on a human rights tribunal.
Sofwan said the reconciliation commission would have the power to decide whether to accept or reject requests to settle alleged human rights abuses.
Decisions will be made after the commission has heard the testimony of witnesses and victims, and has assessed the impact of alleged human rights violations.
Sofwan, who represents the National Awakening Party (PKB), said the House committee also agreed that the commission would consist of 21 members.
"They will be divided into three subcommissions that deal respectively with investigation, compensation and amnesty," he said.
The subcommission for investigation and clarification will comprise nine members, the subcommission for compensation, restitution and rehabilitation five, and the subcommission for amnesty four members.
The remaining three members will hold the chairmanship and deputy chief posts, he said.
Sofwan added that the lawmakers also agreed that the commission members would serve for three years with a possible extension of term to four years. Each member would be able to serve for a maximum of seven years.
Fellow legislator M. Akil Mochtar of the Golkar Party, meanwhile, said the bill did not define adequately "perpetrators of human rights abuses".
"Such a situation will only hamper proper implementation of the law," Akil said.
In previous hearings, analysts expressed fears that the truth and reconciliation commission could be misused to clear certain military officers of human rights abuses.
Separately, a group of victims of human rights abuses and their relatives rallied to oppose the bill, saying the draft law would establish the truth commission but fail to provide fair resolution of human rights abuses.
Incidents that could be brought before a truth commission ============================================================= - Indonesian Communist Party (PKI) coup attempt, 1948 - South Maluku Republic (RMS) rebellion 1950 - PRRI/Permesta rebellion in South Sulawesi 1958 - DI/TII rebellion 1949-1962 - Tanjung Priok, Jakarta, shooting incident, 1984 - Talangsari, Lampung, clash, 1989 ============================================================