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PBHI'S evaluation of human rights in 1996

Source
PBHI - December 27, 1997

The position and role of the state is the point of departure for any evaluation of human rights violations in Indonesia. Apart from elections held once every five years which give the false impression of a freedom of choice, the New Order state has no need for legitimisation, nor is it accountable to the people. In addition, elections of village chiefs are frequently fraught with conflict. As has been shown by the findings of the National Human Rights Commission in a number of cases, the state apparatus has repeatedly perpetrated violations with impunity.

Violation of civil and political rights

These were the worse violations of all during 1996. The number increased from 164 cases in 1995 to 225 in the eleven months to November in 1996. The freedoms most seriously abused were freedom of thought or religious beliefs, freedom of expression and freedom of assembly and association. There were four particularly serious incidents: the students demonstration in Ujungpandang in April resulting in three deaths and more than a hundred injured, the ousting of Megawati Sukarnoputri as leader of the PDI which reached a climax with the attack on her office on 27 July when, according to the National Commission, five people died, 149 were wounded, and 23 people disappeared, with 136 people being arrested; the riots in Situbondo in October, following which one of those arrested died in police custody; and more recently, the torture of three religious teachers in Tasikmalaya leading to riots which caused widespread damage to property.

All these incidents are inextricably linked to the use of violence on the part of the state apparatus, both in its handling of demonstrations and its intervention in internal party affairs.

Another serious violation of people's rights came with the government's attack on so-called 'problem NGOs'. Many NGOs are having to struggle hard to defend their own right of association, to keep their organisations going. Other serious abuses are the trials of members of the PRD, Muchtar Pakpahan, the MP Aberson Marle Sihalalo and the death of the Bernas journalist, Fuad M. Syafruddin, the torture to death of Tjetje Tadjudin and moves to prevent certain people from speaking at seminars. There have also been moves against people who have held meetings without obtaining official permission and moves to prevent people from travelling overseas.

The following is a breakdown of the number of violations of civil and political rights in the eleven months to November 1996:

Cases involving freedom of thought and belief: 34
Cases involving freedom of expression: 97
Cases involving freedom of association and assembly: 94

Total: 225

Top among the victims of these violations were political activists (48), followed closely by NGOs (42), then students (38 cases). Nor far behind were parties and social organisations (21) and the press (20).

As for those responsible for these violations, the police took the lead, being responsible for 50 abuses, followed closely by regional and local military commands at 43. Next were university rectors and school heads who were responsible for 21 violations.

This information has been collated from newspapers and journals.

Violation of workers rights

In quantitative terms, these far exceed other abuses. The number of disputes which culminated in strikes or demonstrations was 1,132 in 1994. The figure fell slightly to 990 in 1995, but in the eleven months to November 1996, the number of cases rose to 1,152. More than half, 666, were related to wages and allowances, with dismissals accounting for 242 disputes.

To this should be added other violations on a smaller scale, bring the overall total to 1,188.

Land disputes

Many land disputes have arisen because development projects and the interests of capital and government take precedence over everything else. A total of 334 were reported in the press. However, this report is limited to a breakdown of 219 disputes up to November 1996, that can be classified under several major headings. In the lead were disputes over the appropriation of land without compensation (64 cases), land seizures and destruction of buildings (62 cases), followed by land appropriation with inadequate compensation (55 cases).

Total number of recorded violations

According to the monitoring undertaken by the PBHI, the total nuber of recorded violations in the first eleven months of 1996 were:

Workers rights: 1,188
Land disputes: 334
Civil and political rights: 225

Total: 1,747

Function of law and the Judiciary

There is growing concern that the law and the Judiciary are merely being used to legitimise arbitrary actions undertaken by state authorities. This is evident from a number of political trials. After more five years of refraining from using the Anti-Subversion Law, this law has once again come into use. By using this law, the basic rights guaranteed in the procedural code have been sidestepped.

As for the Supreme Court, far from being the bulwark for upholding the independence of the Judiciary, it has become the last bastion for the state to score victory against members of civil society. This has happened in a number of cases - Kedung Ombo case, the Irian Jaya tribal leader Hanock Hebe Ohee's case, Tempo magazine and last but not least, the case of Muchtar Pakpahan.

Moves to ratify a number of international human rights treaties, such as the Convention on Torture, have been put on hold. All these developments have discredited the legal system and the judiciary in the eyes of society, forcing people to turn to other ways to resolve their problems, which could result in them taking the law into their own hands.

Projection for 1997

There has been a heightened awareness in society of the need for the democratisation of the political party system. Within the establishment, only the PDI has shown signs of given the space for mass protest and free expression.

Several independent parties have been set up, one by Sri-Bintang Pamungkas called PUDI, and one by young activists called PRD with its associated organisations for students, workers, peasants and cultural workers.

Although it is widely understood that establishment parties are not able to function independently, moves have been set in place to ensure that the existing parties are able to participate effectively in the forthcoming general elections, resulting in the creation of the election monitoring body, KIPP. This monitoring will be an important activity during 1997.

A number of NGOs have confronted difficulties in continuing with their activities because of their legal status as 'foundations'. Those that have taken the form of social organisations (ormas) do not confront this problem which is why the PBHI has constituted itself as an ormas, after holding a congress and democratically electing its chairperson.

The growing awareness of civil and political rights has meant that the regime is proving increasingly incapable of controlling the situation, causing a number of conflicts within its own ranks over such issues as the presidential succession, interference in the PDI, the conduct of the forthcoming elections and the way to handle the NGOs and student unrest.

At the same time certain economic strains on the regime have begun to emerge in the face of growing international competition. This could result in yet more splits, giving greater space for political reform.

A number of organisations in different sectors, working together, can become a major force for democratisation.

Megawati Sukarnoputri has clearly emerged as the rallying figure to give this movement a wider appeal in helping create a new political consciousness.

Under growing economic pressures, the regime is showing signs of falling apart. Not everyone in the armed forces, for instance, is hostile to workers actions although it has to be said that the armed forces are a crucial factor in holding the regime together.

As we face the challenges of 1997, there is no need to be down-hearted. We face major tasks, in particular to prevent further human rights violations while helping the democratic forces to press ahead. But there is also need for caution: religious and ethnic conflicts can easily result in actions in favour of human rights and democracy degenerating into riots. And we need to remember at all times that moves to uphold human rights will never come from those who are adamantly opposed to political reform.

27 December 1997 - Hendardi, Executive Director

[PBHI, Perhimpunan Bantuan Hukum (dan Hak Asasi Manusia) Indonesia or the Indonesian Legal Aid (and Human Rights) Association was formed in November 1996 after most of the operational division of the Indonesian Legal Aid Foundation (LBH). Internal disputes over funding, program and democracy had been plague LBH for a number of years - JB.]

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