1. Flash Back
The commitment of Republic of Indonesia (RI) in implementing human rights tends to get worse in 2007. This weakness is based on the inconsistency between what was impressed and what was truly accomplished. The reality of human rights situation, whether civil and political rights as well as economy, social and culture rights indeed remain poor and inconsistent with Government effort in performing good and transparent diplomatic image in front of international community. in practice within the country, it cannot generate significant changes on human rights by continued practice of violation by commission and violation by omission. Beside, this positive image basically failed to respond the series of violation and denial of human rights at international level such as Myanmar, Malaysia, Pakistan, migrant workers and carbon trading (climate changes), The image building of foreign policy on human rights by various cooperation with international human rights mechanism, is not parallel with government’s position towards gross human rights violations in various countries, especially in the form of limitation and restriction of freedom until assassination of political opposition.
Even the image building of human rights diplomacy is not parallel with the reality of human rights violations across many places in Indonesia. The Government’s openness to provide access for 2 United Nations special procedures on Human Rights and high commissioner on human rights, in contrast is not followed up by a number of concrete action to solve cases of human rights violation. Law enforcement apparatus still taking part in the routine or keep doing practice of torture and cruel, inhuman and degrading treatment or punishment, particularly often applies violence and weapon in arresting suspects. The Indonesia Police Force’s obligation as protector of every human’s rights against threat and disturbance from third party or as the main actor in fighting crimes seems to be more worrying, in conjunction with the continuity of closing down praying houses and attack on minority religions. Even the Government still acts discriminatively and repressively against freedom that is being fight for by minority religions. This situation implies the omission of violence and intolerance practices of third party and discrimination on basis of religion or faith by Government. These intolerance and discrimination conditions are also still experienced by victims of 1965-1966 Tragedy.
The failures of law enforcement institutions and court mechanism to punish perpetrators, including the perpetrator and person responsible in Munir assassination case, has intensified the allegation that this process is a part of instituted crime without punishment (impunity). This list of failure keeps growing when linked with continual crimes in conflict areas like in Poso, even the worst crime is never been punished. Beside, a lot of cases or litigations of corruption are failed to be processed honestly and non-discriminatory, indicates the strong perception of impunity. Impunity fades out the hope of victims of human rights violations to search for justice.
In the ownership and management of natural resources in the countryside and industries in towns, particularly land disputes, forced eviction of urban poor communities, and restriction for workers to join into union, marked with the involvement of the police, military and para-military. The use of violence and pressure are serious threat for those who fight for their rights. For instance, 2 gross violations of human rights are extra-judicial killing and cruel treatment and torture that cause death to civilian farmers in Alas Tlogo (East Java) and death of police stabber suspect in Jeneponto (South Sulawesi). In other cases, the State as a matter of fact deploys third party (para-military) as perpetrator to forcefully remove or torment farmers. One of the most losing incidents for property owner is the excavation of Lapindo oilrig on area near houses that drown 8 villages. The Lapindo case is also an example of how a corporate with support from the State denies the victims’ right of effective remedies.
Government policy of liberal economy, although statistically increased actually worsen the accomplishment of economy, social and culture rights and enlarging the group of the poor. Various budget audit reports show the act of corruption and leakage of budget crush the Government’s ability to fulfill minimum economy, social and culture rights such as rights of decent work, health and education. Furthermore, this policy also degenerate women’s rights which was reflected in increasing number of women migrant workers, low level of education of women, high rate of mothers and children mortality, and also cause the escalation of domestic violence.
Although regional autonomy opens more broad political participation, but the effect of this autonomy management also become a threat against implementation of other rights including women’s rights. As happened in national level, political participation of women is not reflected in local policy. Regional autonomy also has not touch the improvement of children condition that lives on the streets, being exploited, and experience violence and ill treatment for children in prison
On the other hand the intensify primordialism in politic of autonomy that lined up with fundamentalism become threat against ethnic, political and religion diversity. For example, threat and violence against freedom of religion and faith in relation with the application of discriminative Local Regulation, including the application of cruel, inhuman and degrading punishment such as whipping sentence in Aceh. The effect of local autonomy management intimidates the existence of groups with different sexual orientation. They confront with difficulty of applying their status of citizenship and citizens’ rights, acquire health service, carry out their pray at praying houses, freedom to congregate, and right of occupation because they frail to rejection and dismissal. Even some of them criminalized for their sexual orientation and also for their position as victims and claimants. In a public-order operation conducted by Local Government of Jakarta, a transsexual was killed.
The weakness of regulation guaranty on the respect and protection of human rights is shown by the un-synchronization between of international human rights standard and norms (particularly the ratified ones) and the measures of national laws. It also shows that Government fails to perform its obligation as State Party. It is reflected in the decision of Constitutional Court that keep legalizing death penalty, the revision of Book of Penal Code keeps the issues of religions and government official insulting, the existence of Coordinating Body in Supervising People’s Faiths (PAKEM) as the repressive tools on the freedom of religion and faith, and other policies and laws that contradicted with human rights.
2. Projection of Human Rights Enforcement 2008
In the future, specifically in 2008, prospect of protection, fulfillment and promotion of human rights will not be very much different with the situation last year. The government will still be inconsistent in their foreign and domestic human rights policy. Factors that complicate more of human rights enforcement is the continuation of Government’s liberal economy policy, pro security policy that intimidate civil freedom as in draft Bills of National Secret, and political competition at local and national level. The competition among elite politic emerges especially before Parliament and President General Elections in 2009. For instance, with the increasing number of political parties and independent candidate campaign for seats in Indonesia Parliament (DPR), Local Representatives Council (DPD), and Regional Parliament (DPRD) or those will be nomnated for President. Political resources are predicted to be massively mobilized as a part of openly political fights by involving political participations from citizens as many as possible. On the other hand, the substance of Politics Law, especially newly established Law of Political Parties, gives opportunities between capital owners and politicians.
This year will also be the historical 10th anniversary of reform (reformasi) and the 60th anniversary of UN Universal Declaration on Human Rights. Therefore they will be reasons for the intensification demand of reformasi, especially the fulfillment victim’s rights of past abuses. The implementation of human rights obligations by State Party will be reviewed by Human Rights Council in the mechanism of Universal Prerequisite Regular (UPR) and the United Nations Committee of Against Torture. This year, United Nations Special Reporters of Torture and Human Rights Defender will report their findings on protection of human rights defenders and the implementation of Convention against Torture (CAT).
Based on these circumstances and political projection, implementations or realizations of human rights are un-separable from State Party’s obligation at international level. This political projection also stands as an arena to test State’s commitment in promoting human rights. It is worthy of questioning the commitments of political figures, parties and government on the promotion and protection of human rights.
3. Recommendations
- Urge the President Susilo Bambang Yudhoyono (SBY) and Vice President Jusuf Kala (JK) administration to be consistent with their foreign human rights policies. The diplomacy consistency is required, so that Indonesia can respond appropriately to human rights crisis at international level in accordance with Republic of Indonesia’s Constitution and Universal Human Rights Standard (Burma, Darfur to Pakistan).
- Urge the Government, Parliament and Judicial power to change the paradigm in promoting human rights, therefore they can be consistent in executing products of law that correspond to human rights and consistent in harmonizing products of law that still contradicted with human rights (Bills of Book of Penal Code [KUHP] and Book of Penal Code Procedure [KUHAP]). Without any standpoint changes, human rights conditions cannot handle impunity in Munir case and other gross violation against human rights cases in the past, discrimination, human rights criminalizing, fundamentalism, and poverty.
- Urge Government Institutions to immediately solve various land conflicts that cause detriment to poor people and profiting capital owners, and also end up the inapproprate deployment of police and military when handling land conflicts and forcefully discharging land users.
- Urge the Government to change the framework of liberal economy policy towards economy and social policies (central and regional) that oriented on the improvement on the realization of people rights of decent work, health and education, and also improvement on the realization of women’s rights caused by migrant workers exploitation, the minimum level of access to education, and reducing the quantity of domestic violence and mothers-children mortality rates.
- Urge Government Institutions to end up intervention in outlook the diversity of faith in conducting religious rights, including eliminate the coordinating Body in Supervising People’s Faith (PAKEM) that has been used as a political control tools and further hand over the issue to the court. In contrary, Government should be neutral and reinforces intervention in facing violence acts by a group of people on the name of religion.
Jakarta, 3 January 2008
