Atnike Nova Sigiro, London – During a recent UN Human Rights Council session in Geneva, Indonesia was re-elected a member for the period 2007-2010, receiving the second most number of votes. In terms of international human rights diplomacy, this was a moment of success for the government. Indonesia has gained international recognition for the ability to transform itself into a democratic nation, following the fall of Soeharto in 1998, who ruled the country with an iron-fist for more than 32 years.
After 1998, Indonesia adopted and ratified international covenants and this played an important role in creating a good image for the government in gaining international praise. It is worth noting that in the years following the Bill of Rights, the International Covenant on Civil and Political Rights (ICCPR) and the International Covenant on Economic, Social and Cultural Rights (ICESCR) were also adopted by Indonesia's government.
These initiatives added Indonesia to the list of nations committed to upholding human rights, through the adoption of international human rights norms by its national political system.
However, this "progress" ended up in direct opposition to the reality of the fulfillment of human rights protection and respect at the national level. Evidence that indicates a lack of quality in the Indonesian human rights ad hoc court on East Timor has been acknowledged by the UN Commission of Experts in their report, which was authorized by the previous UN secretary-general, Kofi Annan, in 2005.
Instead of improving the quality of the legal system, Indonesia chose to settle bilateral initiatives with East Timor through the establishment of the Commission of Truth and Friendship (CTF). The CTF initiative was regarded by several international human rights organizations as jeopardizing international human rights standards, especially since Indonesia, as a member of the UN Human Rights Council, supported the international mechanism on human rights.
A lack of commitment also appears to have stagnated various proceedings on domestic human rights cases. There is quite a long list of unresolved cases, including the human rights ad hoc court on Tanjung Priok; Abepura's human rights court; the Trisakti and Semanggi cases; the human rights investigation team on disappearances; neglect of the Talangsari case; and human rights violations of 1965.
The human rights agenda, which was previously open for debate, seems to have disappeared somewhat from government commitments. Following the abolishment of law no. 27, 2004, on the establishment of the Truth and Reconciliation Commission (TRC) by the Constitutional Court in 2006, there have been no significant indications of the consequences from the government.
It is clear that the cancellation of this law will cause much anguish for victims of past human rights violations. It also impedes a previous commitment to set up a TRC for Aceh and Papua.
The worst possible result is that expectations for institutional reform of the political and militaristic system – that has seen the dignity of so many victims sacrificed and caused segregation in society – have become less promising.
Although Indonesia has ratified several international human rights covenants, the commitment to implement these covenants is still disputable.
Human rights protection is not merely the adoption of a covenant, but most importantly is the initiative to implement it. Government commitments for the implementation of the ICESCR are still questionable. For example, what has the government done to support the victims and communities whose lives have been devastated by the Sidoarjo disaster?
Furthermore, does the government have any specific plan to provide social rights to their citizens? The implementation of the ICESCR relies much on the gradual and positive action of the state.
In conclusion, the re-election of Indonesia as a member of the UN Human Rights Council does not automatically mean that Indonesia is a success story. It should be seen as a means by which to re-question how the government should handle human rights violations in the national system.
Human rights is not about the international recognition that Indonesia receives by signing covenants, nor is it a means by which to gain an important position at the international level. It is about making every effort possible to implement human rights values in our daily social and political agenda as a nation, and finishing the work left over by the legacy of human rights violations that occurred during the period of authoritarian rule.
[The writer is a member of staff at the Institute for Policy Research and Advocacy (ELSAM), in Jakarta. He is currently studying for his master's degree in social policy and development at the London School of Economics and Political Science (LSE), in London.]