The Ragged of Human Rights Throughout 2011
Welcome to the KontraS 14th anniversary. We present a reflection on the title of HUMAN RIGHT (the ragged of human rights throughout 2011). We prefer taking this title as our reflection and expression of struggling for the victims and their families to express their justice. The courage and consistency of the victims have shown in their struggle, particularly in the middle of the political babble that giving faked and superficial hopes to the republic which brings no changes, no improvement and no protection from the violence in Indonesia.
Human rights still remain as a language and merchandise would be touching occasionally ahead of procedural political fighting, but again neglected in the daily basis.
Throughout the year of 2011 which dedicated to the annual report, issues such as (1) Justice and truth for the past abuses, (2) Protection of civil and political rights, (3) Death penalty, (4) Security sector reforms, (5) Protection of human rights defenders, (6) Political empowerment of victims' community of past abuses, (7) Violence in business sector and (8) Advocacy and human rights solidarity in the levels of Southeast Asia and international are being still trend and significant to measure the fulfilment of the state obligation, particularly in guaranty of the respect, protection and fulfil of human rights in this country.
Throughout 2011, we recorded 691 cases of violence with 1586 victims of violence. The figure shows that victims have been suffering, grief of those whose homes have burned, murdered for their political aspirations, stigmatized because of different ideologies, deprived of their communal land, and so forth. This situation is being an accumulation rate of violence statistics from the legalization of "defending the country", the culture violence and economic violence. Throughout 2011, the government has failed to fulfil its promises in dealing with human rights. Whereas in the past abuses, the government (President SBY) actually engaged in a polemic with the action-political statement. These accessories republican politics is getting boring, when state officials only through the availability of personal rhetoric of political communication in international forums. However, the minimal realization of the justice for the victims is a few.
Republic of babble is not even able to uphold the constitution and laws to protect the rights of its citizens. Particularly the poor, minorities and legal blindness are continuing to be bombarded by political acts of discrimination. No wonder the political babble is often used as the primary reference, reinforce the policy of many other anti-human rights are still preserved.
Interestingly, the extreme practices of violence that occurred in the year 2011 shows the dynamics of the composition of cross-sector actors that have not changed. Security sector actors and local government, radical organizations actor and business actors each other build the specific case of a dispute. For example the violence in Papua has inter-relationship with the case of PT Freeport Indonesia, violence to the religious minorities which are still override for the Ahmadiyya Indonesia and the Christian Church GKI Yasmin for land disputes houses of worship, and the brutality of the authorities in case of the Port of Bima.
The ragged of enforcement of human rights in Indonesia can be seen from the violation of four basic principles of human rights which should be realized by the state in daily basis. Namely, a non-discrimination principle, the principle of citizen participation, the principle of reasonable progress (policy) and the principle of effective remedies citizens (including legal proceedings, the rights of economic, social and psychological) that have never been realized in an optimal and sustainable manner by Susilo Bambang Yudhoyono regime in the second period of his administration.
In the future, KontraS predicts there will be not many improvements can be realized. Discrimination still persists, people's participation and victims are allocated only in limited ceremonial, no progress is feasible and recovery does not occur. This situation will increasingly converging on popular discontent against the government, both at national and local level.
If seen from the basis of attitude and preference of victims and community action, they are more solid and creative to fight any range of obstruction and incompetence of the government. The options to encourage the human rights advocacy will be a lot of synergy with the evaluation and criticism of the government of SBY and various local regimes in various regions.
However, the real opportunity to improve performance in the field of human rights can be conducted by performing a number of things in this short period:
Firstly, The President should respond seriously a number of issues of
Human rights violation, such as the Munir case and to formulate a complete model of protection human rights workers in Indonesia; resolve the question of human rights abuses in Papua with the participation of indigenous Papuans maximally; complete
various of past abuses including in Aceh; formulate a national settlement patterns over land disputes in various areas and; to act firmly to protect minority groups such as
Ahmadiyya and church groups. President shall immediately request to the Attorney General, Minister of Justice and Human Rights Advisory Council assisted by the President, Mr. Albert Hasibuan, to set up the agenda priority according to the rules of human rights law applicable in Indonesia in 2012.
Secondly, Police should ensure termination of the use of violence either in
law enforcement or security measures. Indlucing, the police shoul be brave not to criminlaize against people who conduct advocative action or community who implement the freedom of expression. Police also have to brave to enforce the law in terms of protection for each group (minority) of the threat of violence from other groups, including conducting a criminal prosecution against the violence.
Thirdly, Parliament must ensure the effective controls to the police and military
including national intelligent body, particularly in matters of control
the use of violence in the duties of these security institutions. The
Parliament must ensure that there is an agenda for the Military Justice Act amendments to ensure there is space control for violence committed by the military
in the general court. The issue of control and accountability are becoming increasingly important considering that the strengthening of the law on security in 2011 (Law Intelligence, National Security Bill and the Bill of Social Conflict Handling) and still stronger discourse on eradication of terrorism.
Fourthly, KontraS invites all elements of society to continue to exercise control and supervision of personnel policies and behaviors that could potentially lead to violence and human rights violations.
The changes are not waiting for the moment. The changes are a form of hard work to be conducted and supported by all components of the Indonesian nation. Fourteen years and thereafter are spaces that we must struggle with the maximum content, creative, followed by a positive energy for a better Indonesia.
We would always say regards of humanity to all brothers and sisters of Indonesia wherever you are.
Jakarta, March 20th 2012
Haris Azhar, MA
Coordinator of Federation KontraS