Human rights a nonissue to elite
SBY still seeking political support for truth body
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National News - February 24, 2006
Tony Hotland, Jakarta
Doing the necessary work to address human rights issues has
never held much appeal for any administration in Indonesia.
During the many decades that Sukarno and his successor Soeharto were in
power, rights abuses of all types occurred.
Subsequent presidents -- B.J. Habibie, Abdurrahman Wahid and Megawati
Soekarnoputri -- had little time for such issues.
Indeed, human rights were never discussed when Susilo Bambang Yudhoyono
and Megawati were campaigning for the presidency in 2004.
On the legislative side, it does not take a genius to determine the
House of Representatives has never lived up to its billing as the
representatives of the people, especially regarding rights issues. While
the future protection of human rights in the country remains an
uncertainty, settling past atrocities seems to be even less likely.
Already frustrated by a lack of action over the 1998 Trisakti and
Semanggi student shootings, families of the victims were dealt another
blow last Thursday when the House decided to do nothing about a
recommendation issued by lawmakers from the previous term.
Legally flawed, the recommendation says there were no elements of gross
human rights violations in the shootings, although an investigation by
the National Commission on Human Rights (Komnas HAM) found otherwise.
The commission implicated the military in the shootings.
Unlike the commission, the House does not have the authority to make
such a determination, and now this recommendation poses a hurdle to the
Attorney General's Office as it tries to follow up on the case.
House Commission III overseeing human rights issues promised last June
to have the recommendation revoked, providing a glimmer of hope for the
families of the victims.
But months passed with no news until Thursday's decision, which was
reached in a leadership forum.
House Deputy Speaker Zaenal Maarif quoted fellow Deputy Speaker
Soetardjo Soerjogoeritno, who is said to be the person most familiar
with the issue, as saying that revoking the recommendation would be
unethical.
Speaker Agung Laksono says there is no precedent for revoking earlier
House recommendations.
It can be dangerous to make assumptions, but let's try these:
Fact No. 1: Soetardjo is a top figure in the Indonesian Democratic Party
of Struggle (PDI-P), which has close ties with the military, at least
when it was the ruling party under Megawati's administration.
Fact No. 2: Agung is the vice chairman of the Golkar Party, an
inseparable ally of the military during Soeharto's reign.
"Funny, even the Constitution and laws can be revised and
revoked," said National Awakening Party legislator
Nursjahbani Katjasungkana, who dealt with human rights cases
before moving into politics.
"The idea that a decision by a commission can be overruled by four
people is ridiculous. The leadership forum is only a substitute for a
House consultative meeting, which deals only with scheduling
issues."
Another avenue for probing past human rights cases, the Truth and
Reconciliation Commission (KKR), is still a long way from being formed,
almost a year since the April 2005 "deadline" for its creation
passed.
The KKR eventually will investigate alleged human rights abuses that
occurred between 1945 and 2000, with its main tasks being to seek the
truth behind alleged abuses, facilitate a reconciliation between
perpetrators and victims, and provide compensation and amnesty for both
parties.
Stuck with the President is a list of 42 names to be screened for
possible inclusion on the commission, as he is too busy to arrange a
meeting with the screening team.
Yet, the President has time to travel the world. He even plans to visit
Myanmar to preach democracy in another country accused of gross human
rights abuses, as well as to South Korea to help reconcile the two
Koreas.
He can spare time to play golf with colleagues and even has time to meet
with a group of librarians to discuss a private library at his
residence.
It is again shaky to make assumptions, but who's to blame?
Fact No. 1: The President, infamous for his indecisiveness, is a retired
military general.
Fact No. 2: Vice President and Golkar leader Jusuf Kalla has openly
expressed his objection to the KKR, calling it unnecessary.
Still waiting for justice are hundreds of families and victims of the
1984 Tanjung Priok massacre, the 1989 Lampung incident, the 1997 forced
disappearances of government critics, the May 1998 riots and others.
This makes one wonder if the President's show of interest in the
Commission of Truth and Friendship jointly formed with Timor Leste was
only a result of international pressure.
Yet the House remains more interested in toying with political issues
rather than questioning the President's commitment to the national truth
commission that has eluded the country.
Usman Hamid of the Commission for Missing Persons and Victims of
Violence said no one had the courage to hold people accountable for past
abuses.
Ifdhal Kasim of the Institute for Policy Research and Advocacy agreed.
"Reform isn't only about clean governance. It's also about
respecting the right to speak up, as well as coming clean about
the past," said Ifdhal.
With all the human rights cases so far heard in court having ended with
the acquittal of the accused perpetrators, the Truth and Reconciliation
Commission looks to be the last chance for victims and families of
atrocities to seek justice.
The writer is a journalist at The Jakarta Post.
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SBY STILL SEEKING POLITICAL SUPPORT FOR TRUTH BODY
National News - February 24, 2006
Tony Hotland, The Jakarta Post, Jakarta
The government continues to drag its feet on setting up the Truth and
Reconciliation Commission (KKR), despite a law ordering its immediate
establishment.
When questioned about the body, State Secretary Yusril Ihza Mahendra
said Thursday President Susilo Bambang Yudhoyono wondered whether there
was sufficient "public support" to establish the commission,
which was supposed to have been up and running by April last year.
Under the law, the commission will be tasked with probing past human
rights abuses that took place from 1945-2000. Many high level government
officials and security chiefs from the New Order era are implicated in
these abuses.
The KKR will also seek to draw up a truth-telling mechanism to deal with
the perpetrators and compensate the victims of past human rights cases.
Yudhoyono met the KKR selection team on Thursday, more than six months
after it screened and submitted 42 candidates to the President.
Yudhoyono is supposed to pick 21 names for the commission, a list which
will then be sent to the House of Representatives for approval.
However, Yusril said the President still planned to meet the selection
team and senior officials one more time to canvas their political
support for the commission. The government was also preparing auxiliary
regulations to implement the much-debated law, he said. "The
President will try to meet and consult with heads of state
institutions, such as the House of Representatives, the Supreme Court
and the Constitutional Court on the working mechanism. (He) needs (more)
political backing," Yusril said.
He reiterated the President's commitment to establishing the commission.
"We are aware that the process is overdue ... (but) we are
considering the social and political situation. Please understand
this," he said. Human rights observers have criticized the
government for delaying the establishment of the commission. They
particularly took issue with Kalla's comments on the affair last
week.
Comparing the situation at home to that in South Africa, Kalla said
there was no need for Indonesia to have such a commission because there
were no longer any alleged human rights abuses that needed to be
resolved.
Kalla also heads the Golkar Party, the home to many former Soeharto
loyalists.
Also on Thursday, Yusril announced the President had selected three
police experts and three public figures to join a commission tasked with
supervising the police.
Yusril declined to name the six, pending the issuance of their
appointment letters.
Coordinating Minister for Political, Legal and Security Affairs Widodo
Adisutjipto, Justice and Human Rights Minister Hamid Awaluddin and Home
Minister M. Ma'ruf will also sit on the Police Commission.***
