Rights abuse a black spot in RI history

The violation of human rights is an acute problem that has lingered for decades in the country. There has been much talk about it, yet little concrete action has been taken. The Jakarta Post looks into the issue, observing the 51st anniversary of the Universal Declaration on Human Rights on Dec. 10.

JAKARTA (JP): Human rights has shifted to the front burner of hot issues as the country moves in fits and starts into a new era.

After many years when stories of human right violations were hushed up in the country, news on television and in newspapers is dominated by reports of abuses in various pockets of the nation, from Aceh to Maluku, East Timor to Irian Jaya.

It paints a bleak portrait of the condition of human rights during the country's 54 years of independence. The worst period was during Soeharto's regime from 1966 to 1998. After the transitional presidency of B.J. Habibie, Indonesia is now under the leadership of Abdurrahman Wahid, better known as Gus Dur, and Megawati Soekarnoputri.

Although the two new leaders are generally considered more progressive, the country is still unable to shake its tainted image on the issue of respect, or lack thereof, for human rights.

"There is more freedom for the press and to organize, but violence continues because there is no serious effort from the government to thoroughly settle the cases," Abdul Hakim Garuda Nusantara, chairman of the Institute of Policy Research and Advocacy, said.

In an effort to improve the situation, President Abdurrahman appointed a state minister of human rights affairs, Hasballah M. Saad.

Activists have been cool in greeting the move, doubting the effectiveness of the state minister because his duties and powers remain unclear.

Hasballah admitted to being overwhelmed by the tasks of the new job. A former right activist from Aceh, he is aware of the public's demand for the protection of human rights and settlement of human rights cases.

However, he urged the public to understand the government's limited capacity and be patient.

"We are like people who have just woken from a long sleep to face a lot of hard work."

He promised the government would do its best to solve the human rights problems, but warned it would take time. "There are the economic crisis and other things to deal with ... We can't settle them within a week or two."

There is a huge backlog of grievances to be heard.

Take Aceh, for example. A 10-year military operation in the province is a black spot on the country's human rights record, with more than 5,000 reported cases of human rights abuses, including summary executions, torture, rape and abductions. Although the operation ended last year, violence continued and more than 250 people have been killed since May.

An independent team set up to investigate the atrocities in the province accused military leaders of ordering the human rights violations.

Another team assigned to investigate the human rights abuses in East Timor seconded the allegation from the results of its probe. It said last week that the military was behind the rights abuses in the province.

The military has denied accusations that human rights abuses were its systematic approach to dealing with dissent. Coordinating Minister for Political Affairs and Security Gen. Wiranto told a hearing of the House of Representatives last week that the abuses could only have occurred through the actions of undisciplined soldiers.

The military claims to have sanctioned the personnel responsible for the abuses, but has never made the full details public.

Many doubt the military's seriousness in handling its errant personnel, with the public outraged by military court sentences which appear to be slaps on the wrist. Four soldiers tried in the shooting deaths of four Trisakti University students in May 1998 were jailed for several months for "indiscipline".

Many other cases remain unresolved, including the slaughter of hundreds of thousands of people accused of supporting the Indonesian Communist Party in 1965, the Tanjung Priok case in 1984, the Dili cemetery shooting incident in 1991, the murder of labor activist Marsinah in the East Java town of Sidoardjo in 1993, the murder of Yogyakarta journalist Fuad Muhammad Syarifuddin alias Udin in 1996, the May riots in Jakarta and other cities in 1998 and the Semanggi killings six months later. Thousands of people have also died in clashes with the military in Maluku, Aceh, East Timor, Irian Jaya.

It is clear the abuses involved hundreds, even thousands of people, mostly soldiers. A new human right law enacted in September allows the prosecution of military personnel accused of human rights abuses in a civil court.

The ruling, however, applies for future, not past cases. Attorney General Marzuki Darusman said last month that he would propose that the President draft a government regulation in lieu of a law to allow him to prosecute military members.

In the meantime, the government is considering establishing a truth and reconciliation commission, similar to one set up in South Africa after the end of apartheid.

"If there are tens of thousands or even hundreds of thousands cases of human rights abuses, shall we take them to court one by one?" Hasballah said.

The commission is expected to seek the truth and then give the opportunity for those responsible for the abuse to apologize and seek amnesty. It would also provide compensation to victims of the abuse.

"The philosophy is that there is no reconciliation without revealing the truth," Abdul Hakim said.

He supported the establishment of the commission as one of two approaches to settling human rights cases. He backed the use of legal means, but noted it was a long, exhaustive process which might not yield satisfactory results.

Activists and the government are brainstorming on drafting the bill to establish the commission.

Another supporter of the commission, Benjamin Mangkoedilaga, who is a member of the National Commission on Human Rights, said the institution would open the floodgates of truth about the past and satisfy an anxious public.

Establishing the commission, however, is not the only way. The government should effect many actions to improve the situation, and the public is clamoring for concrete action, not plans and promises.

Soon after Abdurrahman was elected president, he said that he would handle the problems in Aceh, while Megawati would take care of Maluku. Mangkoedilaga called the plan a good start, but regretted that the two leaders had yet to make good on the promise. (sim)