Why reluctance on the part of Indonesia to address the past human rights abuses?
The Commission for Disappeared and Victims of Violence (Kontras) and the Indonesian Association of Families of the Disappeared (Ikohi) are very disappointed to learn that the DPR (House of Representative/Parliement) and the Supreme Prosecutor have failed to address the resolution on past human rights violations. The meeting between the Supreme Prosecutor and the Third Commission of House of Representative on 29 January 2006 has acted in vain, leaving little political will to resolve past human rights abuses. Since the start of the investigation process, all sides have done nothing more than blame each other for their lack of initiative in resolving the 1997/1997 disappearances of activists Trisakti, Semanggi I and II case, as well as the May riot
President Susilo Bambang Yudhoyono (SBY) still keeps silent and tries to distance himself from the problem. Despite the National Human Right Commission having sent a letter to the president with an attached report on the investigative process, a presidential spokesperson and secretary have denied that this letter has in fact been received. It is only fair that the president should check whether his offices statements are true and speak out publicly on these matters.
Kontras and Ikohi emphasize that the government should uphold, promote and protect human rights since they have a constitutional obligation to do so. Furthermore, the president should uphold his responsibility to uncover the truth about what happened to the disappeared and ensure that progress is made in the investigations. It is the presidents responsibility to ensure that the families of these victims see results.
We also urge that all parties debating the current status to 1945 constitution end their political impasse. The president, the Supreme Court, the MPR (People’s Assembly) and the House of Representative have not handled the situation proactively and the current situation is counterproductive. No conclusions have been drawn from the debate and there has been no resolution of past human rights abuses.
There is also recent debate surrounding article 43 of the Human Rights Court regulation. We have pointed out in the past that the Supreme Prosecutor should participate in the inquiry and indictment process. The Supreme Court of Indonesia can not prosecute past human rights violations being heard in the Human Rights Court, but can provide indictments during the process. Presently, the Supreme Court only launch inquires and do not prosecute or indict any alleged perpetrators. It is however mandatory for the Supreme Court to participate in inquiries with the National Human Rights Commission’s report. After the Supreme Prosecutor finishes the inquiry, an indictment should be filed. At that point, the House of Representative should present a recommendation to establish an ad hoc Human Rights Court.
Also, a request by the Supreme Prosecutor that the House of Representative should initiate an ad hoc human rights court is an illogical suggestion. The Supreme Prosecutor should stand firm on the legal mechanism where the National Human Right Commissions has authority to decide whether cases are gross human rights violations or not. At the moment, it is not possible that the 1997/1998 disappearance case will end up like the Semanggi dan Trisakti cases. Those cases have been annulled by the House of Representative.
In this sense, the Indonesia government has intentionally and systematically denied justice to the victim and their families. Finally we urge the government of Indonesia, particularly President Susilo Bambang Yudhoyono to take appropriate steps to achieve justice for the victims. We further urge the president to take these necessary measures without delay.
Jakarta, 30 January 2007
The Commission for Disappeared and Victims of Violence (Kontras)
Indonesian Association of Families of the Disappeared (Ikohi)
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About AHRC: The Asian Human Rights Commission is a regional non-governmental organisation monitoring and lobbying human rights issues in Asia. The Hong Kong-based group was founded in 1984.
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