War on terror no excuse for rights abuse: Observer
Tiarma Siboro, The Jakarta Post, Jakarta
A noted human rights activist lashed out on Tuesday at the government's move to compromise on individual basic rights in its fight against terrorism.
Former secretary-general of the National Commission on Human Rights Asmara Nababan said the problems facing the government in its war on terror lay in the poor coordination among security authorities and non-performing law enforcement personnel, rather than the relatively moderate legislation.
"I don't believe a soft legal umbrella is responsible for our failure to stamp out terrorism. It is long overdue for lawmakers to give an honest appraisal of all the government's efforts to deal with terrorist threats," said Asmara, the executive director of human rights watch Demos.
He was commenting on the proposed amendments to the antiterrorism law, which according to antiterror desk chief Ansja'ad Mbai might sacrifice the rights of individuals, but ensure the safety of the public, at large.
"Even the United Nations will not allow certain countries to enforce such a repressive law despite the campaign against terrorism," Asmara said.
He added that the international community had recognized the non-derogatable rights of individuals, including the right to life; and the prohibition of torture and cruel, inhuman, degrading treatment or punishment.
Asmara urged the House of Representatives legislators to evaluate the government's efforts to hunt down terrorists and to find the root causes of its failure to protect the people from terror attacks.
He said the House appraisal would open the public's eyes as to whether related state institutions had made for a good team and whether the police had given their all to prevent terrorism.
The current antiterrorism law was passed after the Bali bombings in October 2002, which left 202 people dead. Ineffective intelligence work has been blamed for recurring acts of terror in the ensuing years, the latest being the second Bali blasts on Oct. 1.
Ansja'ad said the amendments to the law would allow the police to detain a person without charge for more than seven days -- the maximum period under the prevailing legislation. Intelligence units, including that of the Indonesian Military (TNI), would also be given greater roles in preventing acts of terrorism.
Earlier, President Susilo Bambang Yudhoyono ordered the military to actively participate in the fight against terrorism. In response, TNI plans to revive its much-criticized territorial operations.
Asmara said that to combat terrorism, the police could move based on the existing Criminal Code instead.
"Why don't they explore the articles in the Criminal Code?" he asked. "I see the government has come under pressure from certain foreign countries to introduce draconian legislation. It must be emphasized that even foreign interests cannot sacrifice our own national interests."
Asmara admitted that several Scandinavian countries had adopted a repressive law to address certain crimes. "But as far as I know, they have never enforced the law," he claimed.