DSB & HD/GB, Jakarta – New revised laws concerning the introduction and implementation of a State of Emergency are to be passed by the parliament by 30 October according to the Minister of Justice and Human Rights. However, Indonesias four leading legal and human rights organisations have condemned the legislation and urged the government and House to reject it outright.
The Commission for Disappearances and Victims of Violence (Kontras), the Institute for Policy Research and Advocacy (Elsam), the Legal Aid Institute (LBH) and the Foundation of the Indonesian Legal Aid Institute (YLBHI) convened a press gathering at the YLBHI offices Wednesday.
Spokesman for the group, Munir, who recently received a prestigious international award for his human rights work, urged the government and parliament to prevent the passing of the revised legislation.
"We say the State of Emergency law must be rejected," he said firmly. "Rejecting the legislation represents a part of the responsibility for political change which strives for democracy," Munir, a member of the YLBHI central leadership council, added. "The same position must also be carried through by the House of Representatives through taking the initiative and proposing a new law which is in keeping with the process of political change," he said.
The groups were particularly opposed to the perceived tendency to protect politically repressive instruments under the militaristic discourse of the New Order regime of former president Suharto. "The desire of the House to pass the State of Emergency law betrays the ideals of reformasi, the desire is politically amoral," Munir said.
The law was drafted during the tenure of Suhartos hand-picked successor, BJ Habibie, and passed by the last New Order parliament to replace the more repressive 1959 Law on state emergencies. Thousands of people, including students, took to the streets protesting at that time and at least four people, including a student of the University of Indonesia, were killed during the protests.
Pressure on the President to pass the bill has been mounting from the House. The House leadership argues that the police and Indonesian Military (TNI) need a legal basis to deal with increasing violence in restive provinces. Last week, House Speaker, Akbar Tanjung of the Golkar Party which ruled Indonesia in partnership with the military during the New Order, stated the bill was already in effect because it had not been passed within 30 days of being enacted by the House.
The four human rights groups, however, have long protested the bill and the revisions undertaken by the government. Munir reminded them in the press gathering that many among them had previously condemned the Habibie-era bill.
"Pak Mahfud who is now Minister of Defense said at the time that if the law was passed the result would be state terrorism. Pak Armin Arsono, Muhaimin Iskandar, Matori, Taufikurahman (National Awakening Party leaders), Megawati (Sukarnoputri, Vice President), Gus Dur (President Wahid), Marzuki Darusman (Attorney General) also similarly joined the rejection. However, after they've sat in parliament and the cabinet, they've changed to become supporters of the State of Emergency law," Munir concluded.
Speaking to the press Tuesday, Elsams Executive Director Abdul Hakim, criticised the law for failing to even protect the four basic human rights. "The four rights which can not be violated are the right to life, the right to freedom from torture, the right to freedom from slavery and the right to freedom from arbitrary arrest. Im not saying the these arent present in the law, but they are not explicitly outlined," he said.
Their protest, however, maybe in vain as the House and government have apparently agreed to pass the legislation after revisions have been made.
During the first meeting of the laws revision team Tuesday, Minister for Justice and Human Rights, Yusril Izha Mahendra, said the law would be passed on 30 October. "According to the agreement last night with Akbar Tanjung, the State of Emergency bill will be passed into law in two weeks. So, around 30 October the law will have been passed," he said adding that his earlier statement that it would be passed on 24 October had not taken into account the difficulties of satisfactorily revising the bill.
At the same time, however, Yusril admitted that the team was committed to rectifying passages seen to violate human rights but had yet to isolate them as the meeting had just been convened. "Let the working team give the additions to the law. I myself will not regulate any part. So, just let whatever is to be changed be handed over to the team," he said. The Minister, it seems is resigned to the fact that there is a joint decision by the House and President to pass the law after the revisions have been finalised. "I also want the law to be withdrawn," Yusril muttered.
He also revealed that there was a stipulation to regulate emergency situations and that it was indeed the same as that contained in the 1959 law. However, the regulations governing it were different. In anticipating flare ups in restive provinces, when the revisions were yet to be completed, the government would rely on directives from the central government.
This little nugget of information is particularly relevant to provinces currently under a civil emergency, such as Maluku and North Maluku. Likewise, the security situation would be regulated by central government directives in other provinces where renewed violence has led to many calls for emergency powers to be divested in the armed forces. As negotiations appear to drag on and protests are heard unabated from civil society, a huge question mark still hangs over the 30 October deadline and the future of the bill.