The following
is the text of a statement made by Indonesia at the UN Human
Rights Commission in Geneva:
Statement by Ambassador Djismun Kasri, Head of Indonesian Delegation
Item 9:
Question of the violation of human rights and fundamental freedoms
in any part of the world.
Madam Chairperson,
The reform
process initiated in 1998 by the Government of Indonesia has seen
some major changes, evidanced among others by a thorough overhaul of the
country's legislation and infrastructures. Nowhere have these changes
been
more meaningful than in the field of human rights, which the government
considers crucial and where it has made serious efforts to remedy past
shortcomings. This painstaking process has taken time and will now only
be
completed under the second five-year National Plan of Action, 2003-2008.
But
the are ongoing and a stronger mechanism for their implementation is in
the
course of elaboration.
The plan
which involves all the governmental and national human rights
institutions, as well as civil society, as implementing partners, is
composed of five main pillars, namely: 1) Preparation of the ratification
of
international human rights instruments; 2) Further harmonization of domestic
laws relevant to human rights; 3) Dissemination of and education in human
rights; 4) Application of human rights norms and standarts; and 5)
Monitoring, evaluating and reporting, including to the relevant treaty
bodies, on the national implementation of human rights instruments which
have been ratified by Indonesia.
At this
juncture, Madam Chairperson, I should like to comment briefly on the
development of the legal proceedings in the Ad Hoc Human Rights Court
in the
prosecution of cases of human rights abuses commited in East Timor in
1999.
The court has handed down verdicts after several cases of human rights
violations were established. How ever, I would like to point out that
the
current legal processes have not reached their final stage not least because
the verdicts are now being brought to the court of appeal and to supreme
court for their final adjuducation. For these reasons, therefore, we
consider it unfar and unjustified that the report of the High Commissioner,
as contained in document E/CN.4/2003/37, referring to so-called "informed
observers", as well as the statements of several delegations speaking
on
this agenda item, should contain judgmental observations on certain
important aspects of the legal proceedings in the ad hoc court, which
are
indeed still ongoing. These observations are tantamount to predjuging
the
ability of the Indonesian judicial system to function fairly, independently
and transparently.
My Government
is commited to ensure that the ad hoc court functions
effectively and in accordance with due process of law. However, it cannot
intervene in this process, nor can it impinge on the jurisdiction of the
judiciary. Likewise, the conclusions of KPP-HAM on the basis of the
preliminary inquiry conducted by Komnas HAM are independent from, and
do not
predetermine, any conclusions reached by the Attorney-General's Office
on
the basis of its own investigations. As for the functioning of the ad
hoc
court itself, the first of its king in Indonesia, it reflects the current
reform process through the substantive and procedural laws which govern
its
proceedings. Although we are not claiming that it is perfect yet and that
some aspects cannot still be improved, this does not warrant the
heavy-handed criticism and condemnation we have received.
Madam Chairperson,
I should
like to conclude by pointing out the positive spirit in which the
forging of relations between the Governments of Indonesia and Timor Lorosae
has taken plase. We are much encouraged by this forward-looking attitude
which, we are conviced, will be instrumental in helping to solve any
remaining issues as well as in building our long-term productive bilateral
relations.
Thank you