The National Commission on Human Rights (Komnas HAM) has come under
criticism for its poor performance in promoting human rights protection.
Early
this month, some survivors from the 1965 purge came to the commission’s
headquarters in Central Jakarta accusing its members of siding with
rights abusers by intentionally concealing the results of its
investigation into the systematic prosecution of Indonesian Communist
Party (PKI) members following the abortive coup.
“The public must understand that we have no authority in law enforcement,” Komnas HAM chairman Ifdhal Kasim said recently.
Established
in 1993, Komnas HAM was assigned by then president Soeharto to review,
monitor, and investigate human rights violations and to provide
education on human rights to members of the government, including the
police and military. Since 1999, its existence has been guaranteed by
law.
Speaking before lawmakers on Thursday, Komnas HAM
commissioner Kabul Supriyadhi emphasized the urgency to amend the 1999
law enabling the commission to give it law-enforcement powers. So far,
it only issues recommendations.
“We do make recommendations based
on our investigations on cases of violence involving human rights
occurring all across the archipelago. Actions have been taken in some of
the cases, but many of them have not [been acted on]. Komnas HAM is
required to submit recommendations on cases of human rights violations
to the executive and legislative institutions for further action. Sadly,
things don’t happen as is expected.”
In a report on Indonesia’s
human rights record submitted to the United Nations Human Rights
Council (UNHRC), Komnas HAM said that it had informed the Attorney
General of the results of its investigations of several cases, including
the May 1998 riots, the Semanggi and Clover II incidents in 1998,
forced disappearances in 1997 and 1998, and massacres in Wasior and
Wamena in Papua. However, no action was taken on any of the reports.
During
the hearing on Thursday, Komnas HAM urged House Commission III
overseeing law and human rights to seriously consider the commission’s
proposal to amend its enabling law to give it a stronger role in
promoting and protecting the rights of the people, especially as it
would hold a plenary meeting in early June to raise recommendations to
follow up its findings on ‘huge cases’ such as the 1965 purge and the
Lapindo mudflow.
“What will happen to the results of our findings on such cases? Will they be ignored just like many others?” Kabul said.
In
addition to a ‘weak’ legal foundation, Komnas HAM is also facing
financial constraints, as its budget this year has been reduced from Rp
64 billion (US$6.78 million) to Rp 53 billion. Moreover, it has to give
Rp 10 billion of that to the National Commission on Violence against
Women, with which it also shares headquarters. “We are caught in a very
difficult situation. We are funded by the state budget and mandated by
the government on one hand, but we are required to be independent on the
other hand in order to fully promote justice for the people,” Komnas
HAM commissioner Nur Kholis said.
According to Komnas HAM data,
the National Police was the institution most reported by the public in
the last four years, with 1,839 reports.
The commission’s
leader, Ifdhal, said a limited budget would also constrain the rights
body to conduct proper investigations of human rights violations in the
future.
Commenting on Komnas HAM’s proposal for increased
funding, Commission III chairman I Gede Pasek Suardika said that the
House would support the commission as long as it showed excellent
performance.
Komnas HAM in time
June 7, 1993
President
Soeharto signs a presidential decree on the establishment of the
National Commission on Human Rights (Komnas HAM). Lt. Gen. (ret.) Ali
Said is appointed chairman of the commission.
Sept. 8, 1999
The House of Representatives endorses the Human Rights Law, which recognizes, promotes and protects basic freedoms.
June 23, 2000
Some
300 members of the Islam Defenders Front (FPI) attack the commission’s
headquarters in Central Jakarta. The assault is in protest of a report
by the commission’s investigative team on the 1984 Tanjung Priok
shootings in North Jakarta.
April 2008
The Commission drafts a revision to the Human Rights Law, hoping to garner more authority.