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)