---------------------------------------------------------- Live and work in the USA legally: Register for the GREEN CARD LOTTERY! Visit http://www.us-immigration.org -0-0-0-0-0-0-0-0-0-0-0-0-0-0-0-0-0 Indonesia Daily News Online http://www.indo-news.com/ Free Email @KotakPos.com visit: http://my.kotakpos.com/ ---------------------------------------------------------- THE UPHOLDING OF HUMAN RIGHTS IN INDONESIA By ARDJALI (*) The development of human rights in Indonesia has a significant legal foundation since the House of Consultative Assembly passed its decree TAP MPR RI No.XVII/MPR/1998 on basic human rights on November 13 1998. Besides giving guidelines and directions for Indonesia's view of human rights, this also sets out a charter of human rights. The law provides that all government apparatus and higher institutions of state be responsible for the respect, enforcement and dissemination of an understanding of human rights among the general public. It also sets out that the President and the parliament ratify several UN instruments in so far as they are in line with our national ideology of Pancasila nor our national constitution of 1945. So far, Indonesia has ratified at least 11 international human rights conventions and done bilatery, regionaly and internationally cooperations on human rights such as with the governments of Australia, Canada, Sweden, Germany, Swiss, and with international bodies such as Asia Pacific Forum of National Human Rights Institutions and The United Nations of High Commission on Human Rights. In additions to planning to ratify others international human rights instruments, Indonesia has been passing several laws to uphold human rights in Indonesia. Based on TAP MPR No. XVII/MPR/1998, The House of Representative endorsed another law UU No.39/1999 on human rights (UU HAM) on September 23 1999. As with the MPR decree, this legislation points to the fundamental human responsibilities that need to be considered alongside fundamental freedom and rights. The law takes this point further and specifies how each human rights gives rise to a strong responsibility and duty towards mutual respect for the rights of others and that it is the duty of the government also to respect, protect, enforce and advance this concept of mutuality of rights. The law comprises 11 chapters and 106 articles which also provides "Government Duties and Responsibilities", "Borders and Prohibitions", "The National Commission on Human Rights", "Community Participation" and also Human Rights Courts". On the matter of a Human Rights Court, the UU HAM sets the parameters that serious rights violations can be handled by a special human rights court set up within the jurisdiction of the General Public Court system. These special courts must set up by legislation within 4 years of the UU HAM being introduced into law. Prior to setting these courts up, serious breaches of human rights can be heard by the courts of jurisdiction. Based on the law on human rights, on October 8 1999, the government introduced revisionary legislation Perpu No.1/1999 on the Human Rights Court. However, on March 13 2000, in line with a government recommendation, the House of Representatives rejected the draft. Based on this, Department of Justice and Legislation has resubmitted the draft on human rights court which is still being discussed by the House of Representatives. The Indonesian government, The National Commission on Human Rights, human rights NGOs and general public are working hand in hand to uphold the human rights in Indonesia. They are still working on the allegations of human rights violations in East Timor, Aceh, Tanjung Priok etc. However, due to Indonesia is still in transition to practice democratization and human rights, they are still facing many human rights problems in making laws, interpretating cases, techniques etc. Meanwhile, unfortunately Indonesia is still overwhelmed by economic crisis, separatism and refugees. Therefore, it is understandable that it take times to uphold human rights in that such situation. And it is hard to understand when some international factions condemn Indonesia for the allegations of failing to uphold human rights at home as well as other developing countries. There is great sensitivity and concern, especialy among developing countries, about the notion of eroding the principle of state sovereignty as implied in humanitarian intervention. It is quite obvious, therefore, that if humanitarian intervention is to be accepted as a new norm in international relations, it must always be based on the principles of legitimacy and of universal applicability or non-discrimination. It must be justly and consistently applied, irrespective of which country or region would be affected. Hence, the United Nations should first thoroughly discuss the fundamental questions raised by this evolving international norm so as to arrive at consensus on the principles and criteria, the mandate and guidelines, as well as on the specific circumtances under which such humanitarian intervention could take place. ----------------------------------------------------- (*) Foreign Political Affairs & Human Rights Observer ----------------------------------------------------- ++++++++++++++++++++++++++++++++++++++++++++++++++++ Didistribusikan tgl. 20 Sep 2000 jam 06:26:12 GMT+1 oleh: Indonesia Daily News Online <[EMAIL PROTECTED]> http://www.Indo-News.com/ ++++++++++++++++++++++++++++++++++++++++++++++++++++
