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Human Rights Message from KontraS
Commemorating World’s Human Rights Day 10 December 2010

“The Indonesian Government Must Promote Peace Approach and Civil Society Involvement in Upholding Human Rights”

The success indicator in terms of upholding human rights is through concrete evidence resulted from the priority agenda and strategies that we have. However, none of these two aspects can be seen in the current government and its leaders SBY-Boediono. Human Rights promotion, security, and guarantee to citizens’ basic rights have not been fulfilled yet.

 

The international slogan of the World’s Human Rights Day on 10 December 2010 was “Human Rights Defenders Who Act to End Discrimination”. The message issued by UN’s Office of the High Commissioner of Human Rights emphasized on ‘Human Rights Defenders”, people who are at the center of the efforts to eradicate discriminations in the world. The message is in line with the legal certainty of human rights in Indonesia as stated in article 100 Law No 39/1999 on Human Rights, “every person, group, political organization, community organization, community self-reliance group, or other community social organizations,  has the right to participate in the protection, enforcement and promotion of human rights.”

 

The international world focuses its attention on the human rights condition in Indonesia as well. Until today, the practices of human rights enforcement in Indonesia are still not managed properly. A lot of discriminations and negative partiality are still perpetrated by law enforcers and government officials, despite many legislations guaranteeing human rights protection. Therefore, in commemorating World’s Human Rights Day 2010, KontraS would like to pay special attention on several issues that serve as important indicators of human rights enforcement in Indonesia today, as well as some other issues, below.

 

First, state’s failure in eliminating violence in Papua in the last few months. The sense of security is now elusive for the people in Papua because violence is rampant, as the world can see in YouTube videos. Such condition is followed by a series of security issues that further threaten Papuans’ rights as revealed by the leak of Kopassus document which stated that they were targeting a number of civil society activists in Papua and a mysterious operation that attacked TNI officers’ residence and houses. The State’s responses to these issues were feeble and meaningless. The Human Rights Court mechanism applied in the case of video-taped violence against the residents of District Tingginambut was below the standards ratified by the Government, namely the UN Covenant on Civil Political Rights (Law No. 12/2005) and Convention against Torture (Law No. 5/1998) which stated the principle of fair trial.

 

Similar to what happened during the new order regime, criminalization still occurs against Papuan political activists, especially those who were trying to express their opinions in peace. Even worse, victims of such criminalization continue to suffer from practices of violence and the poor condition of prison infrastructure. 

 

Secondly, the sanction imposed against the police officers who perpetrated violence is very minimal and usually internal, such as mutation or suspension from current position. As a result, violence practices frequently occur in various regions. In general, violence occurs during investigation process at police stations, or when securing a plot of land in dispute and owned by a corporate. The police’s ambiguity can also be seen in their general manner of handling two cases: terrorism and protection of minority groups. In terrorism, Polri in general and Densus 88 in particular perpetrated excess violence such as arresting the wrong person, not having arrest or detention warrant, not providing attorney during suspect examination, not allowing families access to meet, violence during detention. On the other hand, Polri seems weak in responding to horizontal violence perpetrated by groups such as Front Pembela Islam (FPI) against minority groups.

 

The third is President SBY’s lack of political position in response to the recommendations issued by the House of Representatives in relation to the case of Enforced Disappearances of Activists in 1997/1998.

 

Fourth, the state has not given serious attention to the issue of human rights defenders as can be seen in Munir’s murder case, which received more attention from the general public and the international worlds. This is despite the fact that the more the case remains unresolved, the more it will become the symbol of State’s ignorance. In addition, violence against human rights workers and democracy supporters continued to occur in 2010. Examples of these are the violence against journalists (16 cases), against anti-corruption activists (such as Tama S Langkun) and environmental activists.

 

The four human rights enforcement issues above are crucial for SBY-Boediono. They must have the bravery to present significant breakthroughs in those issues, such as described below:

 

First, they must take advantage of the World’s Human Rights Day momentum to announce the plan to create a Human Rights Enforcement Blue Print containing its vision and the techniques.

 

Secondly, President SBY must issue an apology to the Indonesian public for the persistent failure in human rights enforcement especially for the government’s poor performance in the past. Such failure resulted in civilian victims who were killed, kidnapped, disappeared, or arbitrarily arrested. The apology can be followed with asking the Attorney General to complete the legal process of serious human rights cases by cooperating with Komnas HAM and inviting international human rights experts to give recommendations on case resolutions. In addition, the Attorney General must also conduct a search to find those who are still missing.

 

Third, we must continue dialogues in Papua. A democratic country must not be reluctant to hold a dialog with its citizens. The reading of Papua’s social political condition must not be narrowed down to a minimal framework of self-determination.

 

Fourth, the new Chief of Police, Timor Pradopo, must immediately create a breakthrough related to the many cases of violence and violations of laws perpetrated by Polri officers. This problem cannot simply wait for Polri’s grand strategy of 2005-2025. It will be too long for the people to be waiting for security and justice in their cases if they have to wait until 2025.

Let us respect human rights together. 


KontraS Working Committee

 

Haris Azhar, SH, MA
Coordinator

“The Indonesian Government Must Promote Peace Approach and Civil Society Involvement in Upholding Human Rights”

The success indicator in terms of upholding human rights is through concrete evidence resulted from the priority agenda and strategies that we have. However, none of these two aspects can be seen in the current government and its leaders SBY-Boediono. Human Rights promotion, security, and guarantee to citizens’ basic rights have not been fulfilled yet.

The international slogan of the World’s Human Rights Day on 10 December 2010 was “Human Rights Defenders Who Act to End Discrimination”. The message issued by UN’s Office of the High Commissioner of Human Rights emphasized on ‘Human Rights Defenders”, people who are at the center of the efforts to eradicate discriminations in the world. The message is in line with the legal certainty of human rights in Indonesia as stated in article 100 Law No 39/1999 on Human Rights, “every person, group, political organization, community organization, community self-reliance group, or other community social organizations,  has the right to participate in the protection, enforcement and promotion of human rights.”

The international world focuses its attention on the human rights condition in Indonesia as well. Until today, the practices of human rights enforcement in Indonesia are still not managed properly. A lot of discriminations and negative partiality are still perpetrated by law enforcers and government officials, despite many legislations guaranteeing human rights protection. Therefore, in commemorating World’s Human Rights Day 2010, KontraS would like to pay special attention on several issues that serve as important indicators of human rights enforcement in Indonesia today, as well as some other issues, below.

First, state’s failure in eliminating violence in Papua in the last few months. The sense of security is now elusive for the people in Papua because violence is rampant, as the world can see in YouTube videos. Such condition is followed by a series of security issues that further threaten Papuans’ rights as revealed by the leak of Kopassus document which stated that they were targeting a number of civil society activists in Papua and a mysterious operation that attacked TNI officers’ residence and houses. The State’s responses to these issues were feeble and meaningless. The Human Rights Court mechanism applied in the case of video-taped violence against the residents of District Tingginambut was below the standards ratified by the Government, namely the UN Covenant on Civil Political Rights (Law No. 12/2005) and Convention against Torture (Law No. 5/1998) which stated the principle of fair trial.

Similar to what happened during the new order regime, criminalization still occurs against Papuan political activists, especially those who were trying to express their opinions in peace. Even worse, victims of such criminalization continue to suffer from practices of violence and the poor condition of prison infrastructure. 

Secondly, the sanction imposed against the police officers who perpetrated violence is very minimal and usually internal, such as mutation or suspension from current position. As a result, violence practices frequently occur in various regions. In general, violence occurs during investigation process at police stations, or when securing a plot of land in dispute and owned by a corporate. The police’s ambiguity can also be seen in their general manner of handling two cases: terrorism and protection of minority groups. In terrorism, Polri in general and Densus 88 in particular perpetrated excess violence such as arresting the wrong person, not having arrest or detention warrant, not providing attorney during suspect examination, not allowing families access to meet, violence during detention. On the other hand, Polri seems weak in responding to horizontal violence perpetrated by groups such as Front Pembela Islam (FPI) against minority groups.

The third is President SBY’s lack of political position in response to the recommendations issued by the House of Representatives in relation to the case of Enforced Disappearances of Activists in 1997/1998.

Fourth, the state has not given serious attention to the issue of human rights defenders as can be seen in Munir’s murder case, which received more attention from the general public and the international worlds. This is despite the fact that the more the case remains unresolved, the more it will become the symbol of State’s ignorance. In addition, violence against human rights workers and democracy supporters continued to occur in 2010. Examples of these are the violence against journalists (16 cases), against anti-corruption activists (such as Tama S Langkun) and environmental activists.

The four human rights enforcement issues above are crucial for SBY-Boediono. They must have the bravery to present significant breakthroughs in those issues, such as described below:

First, they must take advantage of the World’s Human Rights Day momentum to announce the plan to create a Human Rights Enforcement Blue Print containing its vision and the techniques.

Secondly, President SBY must issue an apology to the Indonesian public for the persistent failure in human rights enforcement especially for the government’s poor performance in the past. Such failure resulted in civilian victims who were killed, kidnapped, disappeared, or arbitrarily arrested. The apology can be followed with asking the Attorney General to complete the legal process of serious human rights cases by cooperating with Komnas HAM and inviting international human rights experts to give recommendations on case resolutions. In addition, the Attorney General must also conduct a search to find those who are still missing.

Third, we must continue dialogues in Papua. A democratic country must not be reluctant to hold a dialog with its citizens. The reading of Papua’s social political condition must not be narrowed down to a minimal framework of self-determination.

Fourth, the new Chief of Police, Timor Pradopo, must immediately create a breakthrough related to the many cases of violence and violations of laws perpetrated by Polri officers. This problem cannot simply wait for Polri’s grand strategy of 2005-2025. It will be too long for the people to be waiting for security and justice in their cases if they have to wait until 2025.

Let us respect human rights together. 


KontraS Working Committee

 

Haris Azhar, SH, MA
Coordinator