The ebb and flow of human rights enforcement

The ebb and flow of human rights enforcement

Asvi Warman Adam, Historian, Indonesian Institute of Sciences (LIPI),
Jakarta

The National Commission on Human Rights has become more active
of late in investigating past human rights violations. A
Commission of Inquiry into Human Rights Violations (KPP HAM) on
the May 1998 riots has been established, for example. And
learning from previous oversights, this commission will
definitely go about its work in a painstaking manner.

Also, a team has been established to investigate alleged human
rights by Soeharto, and its report is expected by May this year.

Indeed, there are parties who are skeptical about the efforts
of KPP HAM, now led by lawyer Abdul Hakim Garuda Nusantara. Over
1,000 people died in a number of cities during the May 1998
tragedy -- and hardly any attempt has been launched to arrest the
masterminds behind the violence despite the findings of the
official team set up by the rights commission to investigate the
matter.

Meanwhile, Soeharto is ill and likely cannot be tried, though
there are likely legal breakthroughs that can be taken to deal
with the case.

While the possibility for trials in these cases remains
unclear, the dossiers on past human rights violations will remain
the property of this nation. They will constitute an important
history subject to be taught to students. Therefore, the writing
of the National History Book (Sejarah Nasional Indonesia) as a
new reference for school textbooks needs to be observed closely.

One of the eight volumes planned for the book pertains to the
New Order regime (1965-1998). It is only fair that human rights
aspects be addressed proportionately therein; if not, these books
will be no different from those made by the New Order regime. We
must do our utmost so that this nation does not suffer from
collective amnesia.

The East Timor ad hoc rights tribunal is in process. The
rulings so far have been dissatisfying to many. Only two
civilians have been found guilty and sentenced, while generals
were acquitted. On March 12 the tribunal sentenced former East
Timor military commander Brig. Gen. Noer Moeis to five years in
jail for gross human rights violations in 1999, but did not
imprison him immediately -- while the law rules a minimum of 10
years imprisonment for such a crime.

As if responding to the situation, earlier news from East
Timor revealed that a number of former higher ranking officials
were indicted for serious human rights violations, while the
nation's Truth and Reconciliation Commission has begun its role
in revealing alleged rights violations since 1970.

The important thing is at least that first, the truth should
prevail -- whether the perpetrators will be brought to justice is
another story. It is crucial not only for the sake of writing
East Timor's history but also for the country's national
reconciliation.

In the same token, a book titled Masters of Terror:
Indonesia's Military and Violence in East Timor in 1999,
published by the Australian National University (2002, 325
pages), should be translated into Indonesian and discussed at
academic levels in Indonesia.

Efforts to include human rights elements in laws and
regulations intensified with the "reform" era. It has not been
easy but gradually human rights have been included in People's
Consultative Assembly decrees and in the Constitution, which has
been amended.

Yet there has been a move backward at the level of two new
laws, i.e. the acts on political parties and general elections,
which contradict the Constitution. The law on political parties
states that parties must not adopt Marxism, communism or
Leninism; whereas the law on general elections states that those
directly or indirectly involved in the Sept. 30 Movement, the
outlawed Indonesian Communist Party and other restricted
organizations cannot be elected.

As the laws violate human rights and the principles of
democracy, as well as the Constitution, the Supreme Court should
function as a Constitutional Court and rule on the matter. If
not, the cost and time spent on the 2004 elections could be null
and void.

The war to achieve legislation and enforcement to promote
human rights is not over yet. So if we move back one step, we
must then progress two steps. We must not become apathetic like
some people who wish to go back to Soeharto's "normal" era (the
abnormal era, in fact).

In its Feb. 27 issue, the editorial of Kompas on East Timor
indictment of the generals said, among other things, that "this
country has been overwhelmed with problems. This country needs
tranquility to do all its homework so that we all can exit from
this depressing crisis".

Economic recovery can and must be in line with law and human
rights enforcement. Neither can be sacrificed for the sake of the
other. In this transition period, the judiciary, legal products
and human resources are still very weak. Legal reform is in
disarray and the judicial mafia is as prominent as ever.

Therefore, "transitional justice" is the most we might expect,
through the form of a long overdue truth and reconciliation
commission, the bill for which has been drafted by the Ministry
of Justice and Human Rights, in collaboration with Elsam, a non-
governmental organization working on law and human rights.

This bill should be discussed immediately at the legislature
so that this nation can resolve its past problems and get over
its past trauma. For instance, the commission would have to deal
with long past, wide-scale, human rights atrocities such as the
killings around the Sept. 30, 1965 coup attempt.

We need to encourage the Directorate General for Human Rights
at the above justice ministry to be more proactive. The
ministry's human rights research and development bureau should be
working hand in hand with NGOs dealing in advocacy programs.
These NGOs have more field data on human rights violations.

Victims and survivors are still waiting for justice and law
enforcement, and the defenders of human rights cannot give up.

Dr. Asvi Warman Adam is a member of the ad hoc team
investigating former president Soeharto's alleged human rights
violations. The team was set up by the National Commission on
Human Rights.