Aleksius Jemadu, Bandung – How many innocent people have been killed during Indonesia's delicate transition to democracy? There have been many. Some people suggest Indonesia has been hit by various kinds of natural disasters because some of its leaders still have the blood of the innocent people on their hands.

The unsolved murder of Indonesia's well-known human rights activist, Munir, on Sept. 7, 2004 stands out as an extraordinary case for a number of reasons.

First, Munir was assassinated because of his ceaseless struggle in defending the basic rights of his fellow countrymen from the time of the Soeharto era. Munir's assassination was driven by a deep-rooted revenge in the hearts of those who committed gross human rights violations but were afraid of being brought to justice.

Second, the fact that the trial over Munir's death has failed to identify and punish the real mastermind behind the tragedy is an indication of the fragility of the prospect of human rights protection in this country. Indonesian democracy seems to be characterized by contradictions.

On the one hand, the rhetoric of human rights is always on the lips of its leaders but on the other hand they remain indifferent about so many unresolved human rights violations inherited by the previous regime.

Third, the Indonesia judicial system has lost its independence and credibility due to the fact that it is still subject to manipulation and tacit conspiracy by the ruling elite who are still under pressure to protect the violators of human rights no matter how substantive the evidence is of their crimes against humanity.

Unfortunately, President Susilo Bambang Yudhoyono does not have the courage to take an initiative to resolve human rights cases once and for all for the sake of the rule of law in this country. Sometimes it is too easy for the executive to argue that the president cannot interfere in the affairs of the judiciary bodies. However, Indonesia really needs a commitment at the top of the government that all kinds of human rights violations will be brought to justice.

Lack of commitment at the top is not the only problem Indonesia has to face regarding the promotion of human rights. During the Munir murder trial people's attention was focused on the role of the National Intelligence Agency (BIN). Human rights groups believe that Munir's death was the result of a very sophisticated conspiracy led by some intelligence officials who were professional in conducting various kinds of aggressive intelligence while at the same time capable of orchestrating some sort of disclaimer or alibi.

We should note that one of the institutions in the security sector that has not been touched by reform is the intelligence service. Thus, it is still characterized by an old mind-set and tradition which do not fit into the basic requirements of a democratic state. In March 2006 the government proposed a draft of an intelligence law in which we can find controversial articles with tremendous consequences for the protection of human rights and civil liberties.

We are particularly concerned over article 12 of the draft which stipulates that BIN is authorized to detain and interrogate people in order to gain information. On top of that, BIN also has the authority to intercept and monitor communications among people whose activities are deemed a threat to national security and the safety of the people.

The government is probably inspired by the experience of other countries especially the United States where the war on terrorism has been used as a justification for sacrificing civil liberties.

The draft is suspiciously silent about the right of the detainees to demand responsibility from the intelligence officials if they violate human rights during the period of detention. In article 14, reference to the principles of human rights and democracy is made but only in very general terms and it is flexible enough to create room for loose interpretations. Human rights activists who still believe that a balance between national security and human rights is still possible in a democratic state have expressed their concern over this draft and asked the government to abandon any article that may lead to the violation of human rights.

Apparently two years after Munir's tragic death Indonesia has not made any significant progress in the field of human rights. The culture of impunity in Indonesia has taken root in the minds of its military and civilian leaders. As long as they are still in power, Munir's innocent blood will continue to cry out to our conscience from his grave that we should never give up in our struggle to promote human rights in this country.

[The writer is head of the department of international relations and head of the MA study program in international relations at Parahyangan University, Bandung. He is currently a member of the Indonesian Working Group for Intelligence Reform. He can be reached at aljemadu@yahoo.co.uk.]