RI's human rights image blemished

RI's human rights image blemished

JAKARTA (JP): Foreign Minister Alwi Shihab admitted that a
recently passed constitutional amendment invoking a non-
retroactivity principle, is a blemish on Indonesia's image and
that he would personally find it difficult to explain to the
international community.

Alwi said the amendment certainly does not help Indonesia's
effort to improve its stature at a time when the world is
awaiting Indonesia's fulfillment of a promise to take action
against alleged past human rights crimes in East Timor.

"The article definitely disturbs our efforts. The Ministry of
Foreign Affairs will find it very difficult to explain the
article to the world in the midst of our effort to avoid an
international tribunal," Alwi told The Jakarta Post on Saturday.

But State Minister for Human Rights Hasballah M. Saad played
down the controversy, saying perpetrators of past atrocities
could not escape trial.

Citing the generally accepted principle of law, Hasballah said
that for a crucial case a more specific law can set aside the
Constitution.

He was referring to the human rights court bill which is being
deliberated by the House of Representative (DPR). An article of
the bill stipulates the establishment of an ad hoc tribunal which
is entitled to try someone based on the retroactive principle.

"What is needed is a political consensus between the
government and the House to open such a possibility," he told the
Jakarta Post on the sidelines of a two-day workshop on human
rights issues organized by his office.

He said the recent joint civilian-military tribunal hearing
the case of 24 military soldiers and a civilian charged with the
killing of Muslim teacher Tengku Bantaqiah and his followers in
Aceh was a precedent for trials of other past crimes against
humanity.

Hasballah also said the prospect of bringing perpetrators of
past human rights abuses to justice remained great, thanks to the
government's plan to establish a truth and reconciliation
commission, which also adopts the retroactive principle.

Alwi noted that the United Nations is waiting for Indonesia to
come up with concrete actions and a trial against alleged rights
abusers during the post ballot mayhem in East Timor in September
last year.

Indonesia is under international scrutiny to take action
against high ranking officials and military officers who are
allegedly responsible for the violence that occurred in the
former province.

Jakarta has rejected suggestions of an international tribunal,
saying that it will sufficiently deal with the matter itself.

However the People's Consultative Assembly on Friday passed a
controversial amendment which effectively ensures that no one can
be charged with a crime which did not constitute a violation of
law at the time it was committed.

While the concept might be generally understandable, it also
means that since Indonesian criminal law has no provision for
crimes against humanity and does not recognize the principle of
collective responsibility, the most serious charge in court that
can be brought against rights abusers is murder.

Rights activists have alleged that the amendment was designed
to protect military and government officials from being tried for
past rights abuses, not just in East Timor but also other high
profile cases such as Tanjung Priok and Aceh.

"I cannot understand the background for the Assembly to draft
those words in the first place," Alwi remarked on Saturday.

"But I guess there should be some exceptions to this article
so we can still continue with the trial," Alwi added.

He said the government should try to maintain several ongoing
cases, especially East Timor to show Indonesia's commitment to
uphold justice and human rights.

"Maybe we (the government) should find a way to maintain the
ongoing cases which need to be solved, otherwise it will be very
difficult to avoid an international tribunal," Alwi added.

International human rights groups over the weekend also
blasted the amendment.

Amnesty International said in a statement that attempts to
shield perpetrators of past human rights violations "would
effectively render all the recent efforts to end impunity in
Indonesia meaningless".

Meanwhile Human Rights Watch in a statement received here on
Saturday called the actions of the Assembly members
"irresponsible".

The New York based organization warned that it could
eventually lead to the masterminds of the violence in East Timor
being judged less harshly than militia members.

This would mean that if and when the Indonesian Attorney
General succeeds in bringing officers who orchestrated the Timor
destruction to court, they would be tried for murder while their
East Timorese followers could face charges of crimes against
humanity, the group said in their statement.

Human Rights Watch further warned that the amendment renders a
human rights tribunal bill being debated in the House of
Representatives "weaker than it already is".

It called on members of the public to publicize international
standards relating to crimes against humanity and for Assembly
members to revise the amendment to exempt crimes against humanity
and other grave crimes from the non-retroactivity provision.

"Crimes against humanity are so serious that non-retroactivity
doesn't apply to them," Sidney Jones, Asia director of Human
Rights Watch said.

"This is the prevailing trend in international law and
Indonesian judges should go along with it". (bby/dja/mds)