Election Without Protection of Human Rights
Monitoring Report on Human Rights Violations and Violence
Of the 2014 election
KontraS [Commission for the Disappeared and Victims of Violence] congratulate for the implementation of the 2014 election. However, behind that democratic party, KontraS still deplore the lack of protection and fulfillment of human rights, both of which occurred prior to or on election day, 9 April 2014. Such actions have resulted in the loss of the right to life, physical injury, material and immaterial losses.
Although strictly Universal Declaration of Human Rights (UDHR) states that every person has the right to participate in government affairs, either through an election and elect their representatives through free and fair elections, it is seems not applicable in this 2014 election.
KontraS recorded at least 81 cases of politically motivated violent, which occurred throughout the stages of the 2014 election campaig: 44 cases of vandalism; 24 cases of persecution; 8 cases of intimidation; 5 cases of shooting; 2 cases of abduction; to clashes between the supporters of political parties as many as 10 cases. As a result of those measures, resulting 7 people were killed, 48 were injured. Besides physical casualties, there are also material and psychological losses.
Meanwhile, KontraS also deplored the number of SARA (Tribe, Religion, Race, and Inter-Group) campaigns and the spread of hatred that is still happening in the 2014 election. Besides clearly contrary to the International Convention on the Elimination of All Forms of Racial Discrimination (CERD), in particular Article 4, and Article 20 (2) International Covenant on Civil and Political Rights (ICCPR), the prohibition against racial intolerance and spreading hatred campaign itself is already stipulated in the Law No. 8 of 2012 on the Election of the DPR (Indonesian Parliament), DPD (Regional Parliament) and DPRD (Local Parliament), especially Article 86 paragraph 1 letter c, d, and f, but still weak in enforcement.
In addition to the number of incidents above, violation of children's rights is quite common in the 2014 election campaign. Though clearly violate children's rights and has been regulated by Article 15 of Law No.23 of 2002 on Child Protection, and Regulation of the General Election Commission (KPU) No. 15 Year 2013 on Prohibition of Political Parties Involving Children, exploitation of children under the age in the 2014 election campaign is still a lot going on, either overt or covert. Based on the monitoring of KontraS, at least there are some common patterns of child rights violations in the 2014 election campaign, ranging from; mobilization of children under the age, the involvement of children under the age as performers in the campaign, to violence against children. In addition, the findings also showed almost all participants in the election party ever involve children under the age in their party's campaign activities in the 2014 election.
Another thing that quite serious is violation of the right to enjoy the highest standard of health and the environment. The candidates and participants in the 2014 election campaign was generally still do not have the sensitivity to the campaign activities that are environmentally friendly. Instead of care for and preserve the environment as embodied in the Rio Declaration on Environment and Development, in the 2014 election campaign was marred by the nefarious work of environmental destruction and neglect the Article 12, International Covenant of Economic Rights, Social, and Cultural Rights (ICESCR). This was proven by the widespread installation of campaign props on the trees by the roadside. In addition, convoy of vehicles activities during campaign were also contributed an increase in air pollution caused by carbon monoxide gas which is released in massive vehicles and together.
Other human rights violations that KontraS has recorded is the alleged use of Social Assistance Fund (Dana Bansos) for the campaign. Although it has been regulated through Regulation of the Minister of Home Affairs (Permendagri) No. 32/2011 as amended by Regulation of the Minister of Home Affairs (Permendagri) No. 39/2012 on Guidelines for Grant and the Social Aid sourced from the Regional Budget , the alleged violation of Article 9, International Covenant on the Rights of Economic, Social, and Cultural Rights (ICESCR) is still there. Social Assistance Fund (Dana Bansos) which has important benefits, such as: implementation through social rehabilitation, social protection, social empowerment, social security, poverty reduction and disaster management, often abused by those who have the authority to withdraw them . Actors who are politically motivated, often applying the principle of "no free lunch". In other words , the provision of social assistance must be rewarded by society such as encouraging people to give voice to those who give Social Assistance Fund.
Due to those human rights violations, KontraS already asked the government, particularly the National Committe of Election [KPU] to take action. We even officially report the findings of human rights violations to the Election Supervisory Body [Bawaslu] on 2 April 2014, and the KPU on December 3 and 7 April 2014. Unfortunately, the responses from both of them does not adequately address the problems that occurred. The answers given are very normative, and impressed throwing responsibility among each. Bawaslu even looks scared with political violence. On the other hand, the police are also less responsive and weak in law enforcement. The impact is violation of rights and violence continue to occur until the election day.
By thus, KontraS recommend to some parties as follows:
To all political parties contesting in 2014 elections to be able to show the political attitude was polite and more respectful of human rights, as well as take action against those cadres who suspected involve in violations of human rights and violence, both during the election and before the 2014 election.
Election Supervisory Body [Bawaslu] to immediately follow up on all findings and reports of human rights abuses and violence that occurred during the 2014 election campaign stages in accordance with the duties and authority of the Election Supervisory Body mandated by law. No. 8 of 2012. As well as providing recommendations to some related parties, such as; National Election Commission [KPU], the Police, and the number of human rights violations and violence’s related agencies. As well as cracking down firmly, both political parties and their cadres, who allegedly committed to human rights abuses and violence.
National Election Commission [KPU] to take action as soon as possible towards the recommendations given by the Election Supervisory Body as election supervisors, as well as provide tough sanctions to all the organizers are also participating in the election are known to commit human rights abuses and violence during the 2014 elections. National Election Commission is also expected to provide information related to the incidents and the perpetrators of human rights violations and violence to the public as the voters.
National Police [Police] as law enforcement officers to immediately follow up on a number of findings, reports and recommendations provided by Election Supervisory Body [Bawaslu] related to human rights violations and violence that occurred in the 2014 election, while upholding the accountability of law enforcement itself.
National Human Rights Commission as the state institution mandated to carry out the investigation and examination of incident in which reasonably suspected to have been violations of human rights, to immediately perform the duties and authority, and take action against a number of human rights violations and violence during the 2014 election.
Jakarta, 22 Mei 2014
KontraS [Commission for the Disappeared and Victims of Violence]