Truth commission 'must first probe' New Order abuses

Bambang Nurbianto, The Jakarta Post, Jakarta

Rights advocates questioned on Sunday the time span of human rights violations to be addressed through the proposed Truth and Reconciliation Commission (TRC), arguing that the government should give priority to abuses committed during the New Order regime.

While recognizing human rights violations under the Old Order regime, the rights activists insisted that the commission should first of all address human rights abuses during the 32 years of the New Order regime.

"The role of the proposed Truth and Reconciliation Commission should be limited to investigating human rights abuses committed during the New Order regime because they (the violations) attract enormous public attention," Chairman of the National Commission on Missing Persons and Victims of Violence Ori Rahman told The Jakarta Post on Sunday.

Ori said New Order elements might have pushed the government to include investigating human rights abuses by the Old Order regime as part of the commission's tasks in order to delay probes into their own abuses.

Another human rights activist, Mulyana W. Kusumah, concurred with Ori, but criticized the bill for ignoring cases of communal fighting that have plagued several troubled provinces including Aceh, Irian Jaya, Central Sulawesi and the Maluku Islands where thousands of people have been killed, kidnapped and abused.

"The TRC should also pay attention to the clashes in Maluku, North Maluku, Poso in Central Sulawesi, Irian Jaya and Aceh; those conflicts have also caused hatred," he said.

Both Ori and Mulyana welcomed the commission, saying resolving past human rights violations through the commission would be more effective than rulings through a court mechanism.

"The government and the House of Representatives should prioritize a bill on the Truth and Reconciliation Commission, as its presence is badly needed to resolve many problems," Mulyana said.

The draft law of the TRC proposes that people suspected of human rights abuses be granted a pardon if they are willing to reconcile with their victims and pay them reparations.

Those found guilty would also be required to confess to their past wrongdoings, but at the same time have the right to rehabilitate their good names.

The bill, soon to be submitted to the House, also stipulates that suspects and their victims can freely choose whether they want to resolve their cases through ad hoc courts or the commission.

Cases settled through the TRC cannot be brought before the ad hoc courts, which the government will soon establish.

However, the bill does not specify the criteria of past abuses that could be settled in ad hoc courts and those to be dealt with by the commission.

It says amnesty for suspects must win approval from the president, who would first consult with the commission; reconciliations and compensations, meanwhile, must be drawn up in a written agreement between both sides.

Mulyana said the planned establishment of the TRC was justified by a decree issued in 2000 by the People's Consultative Assembly (MPR) and the law on ad hoc courts that will try numerous human rights abuses.

He also argued that the commission would be an effective measure to swiftly find the best solution to unresolved cases, which have imposed a burden on the government.

"We need to resolve the problems as soon as possible, so the government can smoothly continue its development programs without being haunted by the shadow of past crimes," added Mulyana, also a member of the General Election Commission (KPU).

Human rights campaigner Abdul Hakim Garuda Nusantara shares Mulyana's concern, saying TRCs are urgent for countries like Indonesia, which is undergoing a transitional period between autocratic and democratic rule.

Hakim said the government would only be able to carry out the nation's reform agenda once past human rights abuses had been comprehensively resolved.

"The setting up of a TRC represents a national consensus as recommended by the MPR, so its existence will be meaningful in resolving human rights problems," he told the Post on Saturday.

Romli Atmasasmita, director general for legal administrative affairs at the Ministry of Justice and Human Rights, has said the out-of-court settlements would be aimed at ending hatred and hostility between aggrieved communities.

Under the new bill, the TRC will be authorized to deal with past abuses committed during Sukarno's era (between 1945 and 1966) and Soeharto's rule (between 1966 and 1998).