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Human rights a non issue to elite

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Jakarta Post - 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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