Wed, 21 Dec 1994

RI records on rights improve

JAKARTA (JP): Indonesia's human rights records improved in 1994, the National Commission on Human Rights pronounced yesterday, while also taking some of the credit for itself.

"We disagree with any opinions stating that Indonesia saw a set back in terms of human rights in 1994," Commission Secretary General Baharuddin Lopa told a press conference called to review the organization's first hectic year.

Although he made no direct reference, his remarks were clearly intended to refute the claims of the Indonesian Legal Aid Foundation (YLBHI) early this month. The YLBHI stated that despite improvement in some quarters, Indonesia's overall human rights record suffered a set back this year compared to 1993.

Lopa said the human rights commission, formed late last year but only became active in 1994, helped improve the protection of human rights in Indonesia.

In its first year the commission received 2,276 reported cases of human rights violations, and of these, it arbitrated over 334 cases to bring about settlements.

This, according to Lopa, is not a bad record given that the powers of the commission are limited.

The cases that were brought before the commission ranged from land disputes, labor conflicts, allegations of human rights abuses, and also religious matters. In the majority of cases, the commission simply issued its recommendations to the government authorities.

Lopa, who is also the Director General for Correctional Institutions, was accompanied at the press conference by commission deputy chairman Marzuki Darusman and commission member A.A. Baramuli.

The commission was established last year under a presidential decree. Although its members, including chairman Ali Said, were selected and appointed by President Soeharto, it has defied skeptics and even won admiration from its critics by managing to show its independence of the government in its first years.

"This is not a `yes-man' commission. If the government is wrong, we will say so," Lopa said.

Marzuki said yesterday that it might be premature to pass judgment on the commission after only one year.

"It needs time to improve the way it works," he said, adding that a more objective assessment would come once its commission's members completed their five-year assignments.

Three statements on controversial public issues from the commission last year show to a large extent the independence of the commission, according to Lopa. He also pointed out that the commission is not empowered to act and can only make suggestions to the government.

One statement issued early this month appealed to the police to reopen the case of the murdered labor activist Marsinah, after the high court acquitted a man whom the lower court previously convicted as the brain behind the killing.

He recalled that the commission also launched an investigation into allegations that the murder suspects were tortured. It concluded with a recommendation that the authorities keep in mind the fact that they might be trying the wrong people and that the real murderers might still be at large.

"Had they listened to our proposal in the first place, the situation would have been much better," Lopa said.

Another statement addressed the government closure of three news magazines, Tempo, Editor and DeTik in June.

The commission regretted the decision, which it saw as a violation of the freedom of expression guaranteed by the Constitution and questioned the legality of the closures.

The commission also offered to mediate between the government and the displaced journalists.

The other statement was critical of the Supreme Court's reversal of its own ruling on the highly charged Kedung Ombo land dispute.

Having won plaudits for a ruling made in favor of 34 Kedung Ombo villagers in their court battle against the government, the Supreme Court in a surprise move rescinded its own ruling and handed victory to the government.

The commission, Lopa recalled, issued a statement regretting the decision and questioned the reason behind the move.

Lopa said the commission expects that the 34 villagers will finally get a fair and objective decision in their prolonged dispute with the government.

Lopa said the Commission has also submitted a proposal asking that the government and the House of Representatives ratify two UN human rights documents. One regards a Convention on the Elimination of All Forms of Racial Discrimination and another a Convention against Torture and Other Cruel, Inhumane, or Degrading Treatment or Punishment.(imn)