LAW AND HUMAN RIGHTS AGENDA OF THE ELECTED GOVERNMENT 2009
On 25th July 2009, the national general election council (GEC) had declared Indonesia had a new elected president for the next five years. This occurred not long after elected parliament member who will seat on the legislative bodies period 2009-2014.
Eventhough disputes is still on air, even the inter presidential/ vice presidential candidates fued upon the GEC announcement, we as the representatives of the civil society wants to gave meaning towards the result with a positive spirit, including when the dispute between candidates post GEC announcement had arrived to the Supreme court and Constitusional Court jurisdiction. We respects the ongoing legal process.
We pledge ourself to delivered our aspiration long predates for two reason :1) The people of Indonesia had trusted their future to the elected government for the next five years. 2) During the campaign period every candidate had delivered their promises of strategic or operational policy that could be implemented promptly. Thus we place ourself as the guardiaon of the public trusts given. We realize not all campaign promises can be implemented. Despites of the foundation of the promises can be reflected from the first 100 days. Within that period no real measures done that could lead to optimism, than the governance will run in a mediocre manner.
In this opportunity we would like to highlights several policy need to be taken and implemented by the new government as a foundation if they want to build people spirit and optimism of a newly elected President and the new cabinet. Therefore the agenda of the elected President and legislators to formulates early policy to tackle several major issues in terms of rule of law and Human Rights, namely;
First, end the hot mud tragedy in Porong, Sidoarjo, caused by PT Lapindo operational defaults. The measures we recommend is that the government along with the law enforcer to confiscate Lapindo’s assets to ensure the reparation and fulfillment of the Lapindo victims especially for woman and children that has been forgotten through all this time, and conduct a prompt mobilization to close the spurs. This should tackle PT Lapindo’s obligation to pay the entire lands and houses of the victims.
Second, Protection of migrant worker. Elected President to instruct the Minister of Workforce to seriously protects the worker, especially they whose sent abroad. The related minister must conduct field supervisions to handle violence cases and violations of migrant workers rights. In line with this, Ambassadors in the destination country of the migrant workers could be instructed to form a holistic services to protect the migrant workers rights, including providing an adequate shelter facility;
Third, publicly announce their commitment to follow up the recommendations of past Human Rights violations reports published by the Komnas HAM, Komnas Perempuan or any other independent mechanism of Human Rights enforcement that was set up by the state. Afterwards to take a strong operational measure upon the completion of those past Human Rights violations cases.
For Human Rights trial, the President as the head of the state needs to issued a Presidential decision on establishment of Ad Hoc Human Rights trial to scrutinizes every cases that had been delivered to the Attorney General by the Komnas HAM, they are 1) Tragedy TSS (dossier 2002); 2) Tragedy May (dossier 2003); 3) Tragedy Wamena and Wasior (dossier 2004); 4) Tragedy of the disappeared and involuntary disappearance (dossier 2007); 5) Tragedy of Talangsari (dossier 2008). The Attorney General always declined with reason there are no Ad Hoc Human Rights trial established to handle the cases. If the President issued a presidential regulations on the establishment of Ad Hoc Human Rights trial, thus there will be no more reason for the GA to turn down the cases. Or the President to point a new GA for the next cabinet.
For reconciliation, the President has to immediately finish the new Bill on KKR so the measures taken for unvealing the truth and reconciliation can be taken and bring justice for the victims and family and became a foundation of Aceh and Papua reintegrations. Victims and their family had suffer too long due to the absence of regulation on reconciliation after the Constitution Court cancelled it last 2007.As the head of state, calls the Indonesian to make past experience, including Human Rights violations as a milestones in building a dignified, just and prosperous Indonesia by ensuring it would not repeated;
Fourth, in order to ends above problems, the elected president had to complete the Legal Aid Bills as a form of fulfilling states obligation towards providing legal aid for all Indonesians, especially those who are unfortunate. This measures depends on the operational policy which are allocation free legal aid budget in the state budget (APBN) and initiating the bills to be discussed by the DPR RI accompanied by the presidential mandate to discussed it.
fifth, President must issued presidential regulation on the Agrarian Reform National Commite (KNKPA) which mandates is to prepared legal and institutional foundation on agrarian reform implementation and forming an institution to carry out the agrarian reform. Strategic measures need to be done is to implement the agrarian reform mandates by the TAP MPR No. IX annum 2001on the Agrarian Reform and management of natural resources that gave access and controls of the natural resources to the people, including woman and ensure food sovereignity.
Sixth, President to form a team to review the policy of natural resource exploration and places community safety as a primary terms. There are a lot of permission on HPH, HTI, mining, gas and oil exploration, commercial fishery and massive scale plantation issued by the central government or areas that begets disputes between the community, the corporation and the government, even leads to social conflicts and Human Rights violations. Up to 2008, there are 576 conflict on palm oil plantation. The inclination leads ot fulfilling foreign needs instead of the local needs. Worse, it even deepened poverty, lost of jobs, home and property also a degradation of surroundings livelihood quality.
Seventh, protection of woman and children rights. Publishing a presidential regulations on permanently institutionalizing the gender mainstreaming in education workgroups up to the regencies levels; woman are vulnerable for discrimination and need affirmative action by the elected Indonesian President, based on the data and accurate research through active participation process, those social groups are poor woman (urban and rural), woman migrant worker, minority woman (religion, ethnicity and sexual), indigenous woman, and diffable woman.
The elected President as the head of state with elected legislators of DPR RI must withdrawn regulation and policy that discriminates the constitutional rights of the citizen especially the minority, woman and the vulnerable.This should be kept in mind to bring justice and balance between carrying constitutional mandate, preserving national law integrity and respecting the nations diversity;
Eight, Corruption eradication. Elected President and DPR to published a Regulation substituting a Bill on Corruption Criminal Offences (Tipikor) trial because we are worried until the end of the DPR 2004-2009 period is over, the Tipikor trials bill could not be passed. President must audit the general attorneys bad performance in eradicating corruptions as shown in the case of BLBI and Asian Agri, also to finish the revision of the Tipikor bills draft in line with the United Nations Conventions against Corruption and reaffirms the existence of KPK institution to be preserved, without depriving their authorities. Paralelly, the President must have a clear target upon which department that the bureaucracy need to bureaucracy so it can be more efficient and effective in serving the public and deter corruption criminal offences. Hereby the statement delivered.
Jakarta, 5th August 2009
ELSAM-ICW-JATAM- KONTRAS-KPA- LBH APIK-PBHI-WALHI- YLBHI