Rights body in the spotlight again

Rights body in the spotlight again

The three-year old National Commission on Human Rights elected on
Tuesday as its new chairman, Munawir Sjadzali, a former minister
of religious affairs and currently an advisor to President
Soeharto. The selection may prove to be the most appropriate:
Munawir can be expected to find and maintain a proper level of
independence, mixed with just the right amount of affability. The
selection may also be appropriate for the commission's future
work and role in society. The Jakarta Post presents a series of
articles about the commission here and on Pages 2 and 13. The
reports were prepared by Aloysius Bhui, IGGP Bayu Ismoyo,
Imanuddin, Gedsiri Suhartono, Kosasih Derajat, Primastuti
Handayani and Riyadi.

JAKARTA (JP): The National Commission on Human Rights once
again is in the spotlight after its election of former cabinet
minister Munawir Sjadzali as its new chairman on Tuesday.

Following the election of Munawir, the main question is just
the same as that raised three years ago when the rights
commission was founded under a presidential decree: Can the body
uphold its independence?

The next important question is what measures Munawir will take
to serve the rocketing number of reports and complaints on rights
violations which have inundated his office?

The fact that Munawir is a former minister of religious
affairs and currently an advisor to President Soeharto has added
to the apprehension, at least on the part of some parties, over
the commission's independence under Munawir's chairmanship.

Rights activists Hendardi and Bambang Widjojanto, for
instance, question the future of the commission's independence
from external pressures, mostly from the government and the Armed
Forces.

They question Munawir's willingness to speak up and distance
himself from the power holders, especially at times when it is
suspected that rights violations are committed by those in power.

Munawir, however, was not surprised at people's opinion on the
commission's independence, saying that it was not a new issue at
all.

"I will do my best to maintain the commission's independence
and prestige, which previous chairman Ali Said struggled for in
the past," Munawir said.

Munawir was elected democratically by the commission's members
on Tuesday to fill the position of chairman, which had been left
vacant since June when its chief, Ali Said, died.

Hendardi noted that while the commission reacts quickly to
common human rights violations, such as labor conflicts and land
misappropriations, it is always slow to react in major human
rights violations which may have political repercussions, such as
last July's rioting in Jakarta and its aftermath.

"It is hard for them to explicitly assert that 'there was a
violation of human rights in the July riots'," Hendardi said,
adding that the commission's report has been much protracted.

Citing another example, Hendardi said that compared to the
Indonesian Legal Aid Institute's finding on the 1993 murder of
labor activist Marsinah, the commission was restrained in its
public statement on the Marsinah case due to lingering influence
from the government, although both bodies based their findings on
the same information gathered from various sources.

Marsinah, a laborer at a watch manufacturing firm in Sidoarjo,
East Java, was killed mysteriously following her campaign for
labor rights at the company.

The commission is also criticized for its reluctance to reopen
the case of a bloody incidence in Tanjung Priok, North Jakarta,
12 years ago even though many parties have suggested the
commission do so. A number of people were killed in the incidence
sparked by religious discontent.

Commenting on the suggestion, a deputy commission chairman,
Marzuki Darusman, said that the commission's plenary meeting
would decide whether or not it would respond positively towards
the proposal to reopen the case.

The commission was established under Presidential Decree No.
50/1993 which states that the commission will only make
recommendations on the settlement of disputes and avoid
interfering in cases which have already been tried in court.

Over the years, the commission has gained praise, including
from rights activists, on its investigations of human rights
violations. Since its establishment in June 1993, the commission
has been flooded with requests for investigations.

Last year alone, for instance, the commission received 3,321
letters, of which 1,816 contained claims of rights violations,
including instances related to land acquisitions or
appropriations, houses demolitions, labor disputes and torture.
The commission helped investigate, solve or clarify 867 cases
last year, up from 572 cases in 1994.

The commission's popularity and credibility has won the hearts
of the public -- especially victims of oppressive acts by those
in power and of powerful businesses.

"The commission since its establishment has given new hope,
which the poor and powerless could have never imagined," said
Djohan Djauhari, secretary-general of the Indonesian Bar
Association.

Sharing Djohan's opinion, Waskito Adiribowo, head of the land
affairs division at the Jakarta Legal Aid Institute, said the
number of complaints about land appropriations and acquisitions
his office receives has gradually lessened.

"Apparently many of them believe the commission will solve
their problems more effectively because the commission is a happy
medium between receiving the people's complaints and having a
broad access to provide input to the government," Waskito said.

More and more people now turn into the commission to seek
justice, given the constraints of the existing legal system which
often disregards fairness.

Most people who have taken complaints to the commission said
the commission was their last hope after other options bore no
fruit.

Given the wide range of cases handled by the commission,
commission members often feel their role is not fully understood
by the people -- in terms of their functions and mission.

Some of the members said the public still has the wrong
perception of the commission's tasks, responsibility and
capabilities.

People who file complaints with the commission often hope it
will solve and command certain agencies to end their alleged
human rights violations.

"We have to tell them repeatedly that we are an advisory body
which makes recommendations only and absolutely have no power to
stop anything," commission member Clementino Dos Reis Amaral
said.

Marzuki said that the commission is overwhelmed with what he
described as common cases, like complaints that inundate its
daily activities.

He suggested the commission pay more attention to political
cases, such as the question of the people's political rights, and
reduce its attention to common cases.

He contended that more and more cases now arise from long-term
government policies and poor law enforcement, which need more of
the commission's attention.

To support the commission's mounting tasks, Munawir said he
will seek new candidates to fill the vacant chairs left by the
late Djoko Moeljono and AHS Attamimi.

However, he did not mention recruiting supporting staff
members to help carry out field investigations of rights
violations.

The commission currently employs eight supporting staff
members, barely a sufficient number to handle the amount of work
the commission receives on a daily basis.

Most staff members agree there is a lack of human resources at
the office, although they acknowledge there are times when there
is not much work to do.

Sriyana, a staff member of the commission, said there are
times when they just sit around with virtually nothing to do. But
on busy days, many staff members stay overtime to finish their
tasks.

Located on Jl. Pemuda in East Jakarta, the commission's
building looks no different from any other office in the area.
People registering their complaints meet directly with the
commission's staff. (team)