INDONESIA ESTABLISHES AN AD HOC HUMAN RIGHTS COURT TO TRY PAST HUMAN RIGHTS CASES IN EAST TIMOR
INDONESIA ESTABLISHES AN AD HOC HUMAN RIGHTS COURT TO TRY PAST HUMAN RIGHTS CASES IN EAST TIMOR

INDONESIA ESTABLISHES AN AD HOC HUMAN RIGHTS COURT TO TRY PAST HUMAN RIGHTS CASES IN EAST TIMORINDONESIA ESTABLISHES AN AD HOC HUMAN RIGHTS COURT
TO TRY PAST HUMAN RIGHTS CASES IN EAST TIMOR
President Abdurrahman Wahid on Monday, 23 April 2001, enacted Presidential Decree No.53/2001 establishing an ad hoc human rights court to adjudicate on the documented cases of gross violations of human rights in East Timor in 1999 and in Tanjung Priok in 1984. The establishment of the ad hoc human rights court is based on the proposal put forward on 21 March 2001 by the House of Representatives (DPR) as mandated by Law No.26/2000, enacted last year, on the establishment of human rights courts.
The Indonesian Government has followed up on the findings submitted by the Human Rights Investigative Committee (known as KPPHAM) of the Indonesian National Committee on Human Rights on the violations of human rights which took place in East Timor in 1999. In October 2000, the Attorney General`s Office named 23 individuals suspected of involvement in the first five documented cases of human rights violations arising from the 6 April 1999 massacre in Liquisa, the 17 April 1999 killings at independence leader Manuel Carrascalao`s house, the 5 September 1999 attack on the compound of the Catholic Diocese in Dilli, the 6 September 1999 massacre of priests and displaced persons at a church in Suai, and the 21 September 1999 killing of Dutch journalist Sander Thoenes.
Following another report submitted by the National Commission on Human Rights in July last year, the Attorney General`s Office has also been investigating human rights violations which took place in the 1984 Tanjung Priok incident.
The establishment of the ad hoc human rights court reflects the determination of the Government of the Republic of Indonesia to address past human rights abuses, including in East Timor, thereby contributing to the advancement of the human rights cause in Indonesia in general and to the promotion of reconciliation between Indonesia and East Timor.
Geneva, 24 April 2001



ACT OF THE REPUBLIC OF INDONESIA
NO. 37 OF 1999
ON
FOREIGN RELATIONS
WITH THE BLESSINGS OF GOD THE ALMIGHTY
THE PRESIDENT OF THE REPUBLIC OF INDONESIA,



Considering:
a. That as an independent and sovereign Unitary State of the Republic of Indonesia, its Republic of Indonesia, its foreign relations are conducted on the principles of equality, mutual respect, mutual advantage, and non-intervention in the domestic affairs of other nations, as implied in the Pancasila and the 1945 Constitution;
b. That in accordance with the Preamble of the 1945 Constitution, one of the aims of the Government of the Unitary State of the Republic of Indonesia is to participate in the establishment of world order based on independence, abiding peace, and social justice;
c. That in order to attain the aim described in paragraph b, the Government of the Unitary State of the Republic of Indonesia has been conducting foreign relations with diverse countries as well as regional and international organizations;
d. That the conduct of foreign relations activities both regionally and internationally through bilateral and multilateral for a is devoted to the national interests and based upon the principle of a free and active foreign policy;
e. That with the amplification of foreign relations and in order that the principles of foreign policy as described in paragraph d be maintained, it is necessary that said conduct of foreign relations be regulated in a comprehensive and integrated act;
f. That based on the considerations described in paragraphs a, b, c, d, and e, it is necessary to establish an act on foreign relations.
Bearing in mind:
1. Article 5, paragraph (1), Article 11, Article 13, and Article 20, paragraph (1) of the 1945 Constitution;
2. Act No. 1 of 1982 on the Ratification of the Vienna Convention on Diplomatic Relations and the Optional Protocol thereto concerning Acquisition of Nationality of 1961 and the Ratification of the Vienna Convention on Consular Relations and the Optional Protocol thereto concerning Acquisition of Nationality of 1963 (State Gazette of the Republic of Indonesia of 1982 No.2; Supplementary State Gazette of the Republic of Indonesia No. 3211);
3. Act No. 2 of 1982 on the Ratification of the Convention on Special Missions, New York, 1969 (State Gazette of the Republic of Indonesia of 1982 No.3; Supplementary State Gazette of the Republic of Indonesia No. 3212);
UPON THE JOINT APPROVAL
OF THE HOUSE OF REPRESENTATIVES
AND
THE PRESIDENT OF THE REPUBLIC OF INDONESIA
HAVE DECIDED :
To enact : ACT ON FOREIGN RELATIONS
CHAPTER I
GENERAL PROVISIONS
Article 1
In this act, the following shal be construed:
1. Foreign Relations are all activities having regional and international aspects that are conducted by the central and regional governments and their agencies or state institutions, enterprises, political organizations, community organizations, non-governmental organizations, and Indonesian citizens.
2. Foreign Policy is the policy, attitude, and steps taken by the Government of the Republic of Indonesia in pursuance of relations with other states, international organizations, and other international legal subjects in the context of dealing with international issues in order to attain the national objective.
3. International Treaties are agreements in any form or denomination that are governed by international law and concluded in writing by the Government of the Republic of Indonesia with one or moer states, international organizations, or other international legal subjects, and invest the Government of the Republic of Indonesia with rights and obligations that are of a public law nature.
4. Minister is the Minister responsible for foreign relations and foreign policy.
5. International Organization is an intergovernmental organization.
Article 2
Foreign Relations and Foreign Policy shall be based upon the Pancasila, the 1945 Constitution, and the Broad Outlines of State Policy.
Article 3
Foreign Policy shall adhere to the principle of free and active, which is dedicated to the national interests.
Article 4
Foreign Policy shall be implemented through a diplomacy that is creative, active, and anticipative, and not merely routine and reactive, abides by principles and standpoint, and is rational and flexible in its approach.


CHAPTER II
CONDUCT OF FOREIGN RELATIONS
AND IMPLEMENTATIONI OF FOREIGN POLICY
Article 5
1. Foreign Relations shall be conducted pursuant to the Foreign Policy, national legislatioin, and international law and practice.
2. The provisions stipulated in Paragraph (1), shall apply to all executors of Foreign Relations, both government and non-government.
Article 6
1. Authority for conducting Foreign Relations and implementing the Foreign Policy of the Government of the Republic of Indonesia is vested in the President, whereas the declaration of war, establishment of peace, and conclusion of treaties with other countries shall require the approval of the House of Representatives.
2. The President may delegate the authority to conduct Foreign Relations and implement Foreign Policy referred to Paragraph (1), to the Minister.
3. The Minister may take the steps deemed necessary for the observance of the provisions stipulated in Article 5.
Article 7
1. The Presiden may designate a state official other than the Minister for Foreign Affairs, a government official, or other person to conduct Foreign Relations in a certain field.
2. In performing his/her duties, the state official other than the Minister for Foreign Affairs, government official, or other person referred to in paragraph (1), shall consult and coordinate with the Minister.
Article 8
1. The Minister, upon the advice of the leadership of the department or non-departmental government institution, shall designate an official or officials from said department or institution for assignment to Missions of the Republic of Indonesia to carry out the duties which fall under the competence of that department or institution.
2. The official or officials referred to in paragraph (1), both operationally and administratively, constitute an inseparable part of the Missions of the Republic of Indonesia and are subject to the working rules of said Missions of the Republic of Indonesia abroad.
Article 9
1. The establishment and severance of diplomatic and consular relations with other countries and the entry into or withdrawal from membership in international organizations shall be decided by the President taking into account the views of the House of Representatives.
2. The establishment and shutting-down of a diplomatic or consular mission in other countries, or representatives offices in international organizations shall be stipulated by Presidential Decision.
Article 10
The President, taking into account the views of the House of Representatives, shall decide the dispatch of peacekeeping forces or missions.
Article 11
1. In efforts to develop Foreign Relations, cultural institutions, firendship institutions, promotional agencies, and other Indonesian institutions and agencies may be established abroad.
2. The establishment of such institutions or agencies as described in paragraph (1), shall only take place after having received the Minister`s consideration(s) in writing.
Article 12
1. In efforts to develop Foreign Relations, foreign friendship institutions, cultural institutions and other cooperation institutions or agencies may also be established in Indonesia.
2. Provisions on requirements and establishment procedures for foreign cooperation institutions and agencies as described in paragraph (1), shall be stipulated in Government Regulation(s).

CHAPTER III
CONCLUSION AND RATIFICATION OF INTERNATIONAL TREATIES
Article 13
State and government institutions, both departmental and non-departmental, athat are planning to conclude international treaties shall first consult with the Minister on said plans.
Article 14
Officials of government institutions, both departmental and non-departmental, who are to sign international treaties concluded between the Government of the Republic of Indonesia and other Governments, international organizations, or other international legal subjects, must first receive Full Powers from the Minister.
Article 15
Provisions on conclusion and ratification of international treaties shall be regulated in a separate act.


CHAPTER IV
IMMUNITIES, PRIVILEGES, AND EXEMPTIONS
Article 16
Immunity, privileges, and exemptions from certain obligations shall be accorded to diplomatic and consular missions, special missions, representative offices of the United Nations and United Nations specialized agencies and other international organizations in accordance with national legislation as well as international law and practice.
Article 17
1. Upon certain consideration, the Government of the Republic of Indonesia may grant exemption(s) from specific obligations to parties not specified in Article 16.
2. Such exemption as stipulated in paragraph (1), shall be carried out in conformity with national legislation.

CHAPTER V
PROTECTION OF INDONESIAN CITIZENS
Article 18
1. The Government of the Republic of Indonesia shall protect the interests of Indonesian citizens and legal bodies in legal disputes with foreign missions accredited to Indonesia.
2. Such protection as stipulated in paragraph (1), shall be effected in conformity with the provisions of international law and practice.
Article 19
Missions of the Republic of Iindonesia are obliged to:
1. Foster unity and harmony amongst Indonesia citizens abroad;
2. Provide sense of security, protection, and legal aid to Indonesian citizens and Indonesian legal bodies abroad, in conformity with national legislation and international law and practice.
Article 20
In the case of a dispute between Indonesian citizens or Indonesian legal bodies abroad, the Mission of the Republic of Indonesia is obliged to assist in finding a solution on the basis of consultation or in conformity with the applicable law.
Article 21
In the case where Indonesian citizens are threatened with real danger, the Mission of the Republic of Indonesia is obliged to give protection and assistance and to assemble said citizens in a safe area, as well as to endeavor to repatriate them to Indonesia at the expense of the state.
Article 22
In the event of war and/or the severance of diplomatic relations with a country, the Minister or other official(s) appointed by the President shall coordinate efforts to safeguard national interests, including Indonesian citizens.
Article 23
Implementation of stipulations as laid down in Articles 21 and 22 shall be carried out through cooperation with the local government or the relevant government of other countries or international organizations.
Article 24
1. Missions of the Republic of Indonesia are obliged to register the presence and provide certification of the birth, marrage, divorce, or death of citizens of the Republic of Indonesia, as well as to perform other consular functions within the accredited territory.
2. In the case of marrage or divorce, the registration and issuance of certification may only be carried out if said marriage or divorce has been affected in conformity with legal provisions prevailing in the accredited territory of the respective Mission, insofar as those foreign legal provisions are not in contradiction with Indonesian legislation.

CHAPTER VI
GRANTING OF ASYLUM AND REFUGEE PROBLEMS
Article 25
1. The authority for granting asylum to foreign nationals is vested in the President and shall take into account the views of the Minister.
2. The exercise of said authority as described in paragraph (1) shall be regulated bye Presidential Decision.
Article 26
The granting of asylum to foreign nationals shall be exercised in accordance with national legislation taking into account international law, custom, and practice.
Article 27
1. The President shall determine policy with respect to foreign refugees taking into account the views of the Minister.
2. The principles of the policy referred to in paragraph (1) shall be set forth in a Presidential Decision.

CHAPTER VII
FOREIGN RELATIONS APPARATUS
Article 28
1. The Minister shall carry out a part of the general functions of government and development int the field of Foreign Relations and Foreign Policy.
2. The Minister shall coordinate the conduct of Foreign Relations and iimplementation of Foreign Policy.
Article 29
1. An Ambassador Extraordinary and Plenipotentiary is a state official appointed and discharged by the President as Head of State.
2. An Ambassador Extraordinary and Plenipotentiary shall represent the state and the nation of Indonesia and serves as the personal representative of the President of the Republic of Indonesia in another country or in an international organization.
3. An Ambassador Extraordinary and Plenipotentiary who has completed his tenure shall be entitled to financial and administrative rights as prescribed in the Government Regulation.
Article 30
1. To carry out diplomatic duties in a specific field, the President may appoint an official with rank equivalent to that of Ambassador.
2. The official referred to in paragraph (1), shall be appointed by Presidential Decision.
Article 31
1. A Foreign Service Officer is a Civil Servant who has completed special education and training for assignment to the Department of Foreign Affairs and the Missions of the Republic of Indonesia.
2. Provisions regarding education and training for Foreign Service Officers as mentioned in paragraph (1), shall be stipulated in Ministerial Decision.
Article 32
1. The Foreign Service Officer is a Diplomatic Functional Official (Pejabat Fungsional Diplomat).
2. The Diplomatic Functional Official may hold structural positions.
3. Procedures for appointment and assignment of Foreign Service Officers hsall be stipulated by Ministerial Decision.
4. The rights and obligations of the Foreign Service Officer shall be stipulated by Ministerial Decision.
Article 33
The order of ranks and titles of Foreign Service Officers and their assignment at Missions of the Republic of Inodnesia shall be stipulated by Ministerial Decision.
Article 34
Working relations between the Department of Foregin Affairs and Missions of the Republic of Inodnesia shall be stipulated by ministerial decision.
CHAPTER VIII
ISSUANCE AND RECEIPT OF CREDENTIALS
Article 35
1. The President shall issue Credentials to an Ambassador Extraordinary and Plenipotentiary of the Republic of Indonesia for a specific state or international organization.
2. The President shall receive Credentials from heads of foreign states on the appointment of an Ambassador Extraordinary and Plenipotentiary of the respective state to Indonesia.
Article 36
1. In the case where a person is appointed to represent the Republic of Indonesia at a certain event abroad, if so required, said appointee shall be provided with Credentials signed by the President.
2. In the case where a person is appointed to represent the Government of the Republic of Indonesia in an international conference, if so required, said appointee shall be provided with Credentials signed by the Minister.
Article 37
1. The President shall sign a Letter of Commission for a Consul-General or Consul of the Republic of Indonesia appointed to carry out consular duties in a certain territory in a foreign country.
2. The President shall receive the Letter of Commission for a foreign Consul-General or Consul assigned to Indonesia, as well as issue an Exequatur for said person to commence his/her duties.
Article 38
1. The President shall sign a Letter of Commission for an Honorary Consul-General or Honorary Consul for the Republic of Indonesia appointed to carry out consular duties in a certain territory in a foreign country.
2. The President shall receive the Letter of Commission for a foreign Honorary Consul-General or Honorary Consul assigned to Indonesia, as well as issue an Exequatur therefore.

CHAPTER IX
TRANSITIONAL PROVISIONS
Article 39
Legislation concerning or pertinent to Foreign Relations already in existence at the time of the entry into force of this Act shall prevail insofar as it is not contradictory and has not been replaced by new legislation based upon this Act.
CHAPTER X
FINAL PROVISIONS
Article 40
This Act shall enter into force as of the date of promulgation.
So that all knows it, it is ordered that the promulgation of this Act be published in the State Gazette of the Republic of Indonesia.

    Enacted in Jakarta
On September 14, 1999
PRESIDENT OF THE REPUBLIC OF INDONESIA
(signed)
BACHARUDDIN JUSUF HABIBIE
Promulgated in Jakarta,
On September 14, 1999
STATE MINISTER/STATE SECRETARY
OF THE REPUBLIC OF INDONESIA
(signed)
M U L A D I     
STATE GAZETTE OF THE REPUBLIC OF INDONESIA OF 1999 No. 156.


Indonesian Law of Treaties
Law of the Republic of Indonesia Number 24 year 2000 on Treaties was enacted on 23 October 2000, marking the end of a long phase dating back to 1978, when the first draft was jointly formulated by the Department of Foreign Affairs and the Department of Justice.
In 1997, the Department of Foreign Affairs renewed the efforts, not only to create guidelines and a foundation for the conclusion and ratification of treaties, but also to anticipate the implementation of regional autonomy in Indonesia. Prior to the promulgation of this law, conclusion and ratification of treaties were not embodied in clear legislation, thus creating ambiguities in their implementation.
The Law also touches upon the role of Parliament in the treaty-making process and the ratification with respect to foreign loans and/or grants-aid.
Law of the Republic of Indonesia Number 24 Year 2000 on Treaties


Indonesia Signs the Third Letter of Intent after Successfully Implementing Reform Programme


The Government of Indonesia and the International Monetary Fund signed a Letter of Intent (LoI) on Monday (07/31). The LoI is attached to the Memorandum of Economic and Financial Policies (MEFP) which outlines a set of key economic measures to be completed by the Government over the next couple of months.
The documents then sent to the IMF Headquarters where the IMF Board of Directors, which is scheduled to convene in the third week of August, will study the content of the documents.
The LoI, the third since President Abdurrahman Wahid took power, was signed after the Government completed certain key economic measures set under the previous MEFP document.
If the Board approves the new LoI, the Fund will disburse another US$400 million as part of the US$ 5 billion economic recovery package agreed by the Government and the IMF.
Mr. Joshua Felman, IMF representative officer in Jakarta, expressed his satisfaction of Indonesia`s progress in implementing a reform programme. Mr. Felman said that among the important components of the new LoI was the Government`s strong commitment to accelerate the sale of assets under the Indonesian Bank Restructuring Agency (IBRA).
The latest agreement also includes greater regional financial autonomy to accommodate regional aspirations.
The letter was signed by the Coordinating Minister for the Economy, Finance and Industry, Mr. Kwik Kian Gie, Minister of Finance Mr. Bambang Sudibyo and Acting Governor of Bank Indonesia Mr. Anwar Nasution.



THE NATIONAL COMMISSION ON HUMAN RIGHTS
ANNUAL EVALUATION
OF
THE IMPLEMENTATION OF HUMAN RIGHTS IN INDONESIA
The National Commission on Human Rights, having investigated and assessed the promotion and protection of human rights in Indonesia during 1998, and having discussed the key constraints to maintaining these rights at a Plenary Meeting on Monday, January 4th 1999, submits the following annual evaluation:
    
A.    GENERAL SITUATION
1.    The National Commission on Human Rights notes impartially and acknowledges the tangible steps taken by the government and the People`s Legislative Assembly to promote human rights as set forth the National Action Plan for Human Rights in Indonesia, and as determined by the Decree of the People`s Legislative Assembly No. XVII/MPR/1998 concerning Human Rights; and their acceptance of the concept of universality, the continued release of political prisoners/detainees, the ratification of the Anti-Torture Convention, the proposed Bill concerning Human Rights and the National Commission on Human Rights in Indonesia, and the proposed revocation of the Subversion Act. Other positive developments have been the candid steps taken by Members of the House of Representatives to enact political legislation in preparation for a free and fair general election, brought forward to 1999 in an effort to conclude this period of political transition which has been beset by violations of human rights.
2.    However, the National Commission on Human Rights is extremely concerned about the lack of protection of human rights, and the continued susceptibility of the situation in Indonesia in general to violations of human rights, as evidenced in particular by the incidents of public violence and the protracted resolution of cases of gross violation of human rights which occurred throughout 1998, including the abduction, persecution, and enforced disappearance of activists, the shooting dead of Trisakti University students, the unrest of May 13th, 14th, and 15th, the murder of Islamic leaders and a number of other people in Banyuwangi and in other locations, the Alas incident (East Timor), the Semanggi incident, the unrest in Ketapang and Kupang, and the Ujung Pandang incident. In particular, it should also be noted that of great concern is the prevalence towards acts of violence against women, sexual assault leading to loss of life, and also violent acts involving children as both victims and perpetrators. All cases not swiftly and fairly resolved pose a latent potential for instability in Indonesia.
3.    Because of the feeling of impunity among those parties who consider themselves to have power or authority, be they within the Government, the Armed Forces, or the community itself, this precarious situation is becoming more deep-seated. More specifically, there is disparity between the perception of the Armed Forces and that of the general public. On the one hand, the Armed Forces often feels it is not fully appreciated even though it is sure that it has acted in the best interests of the public and the state, while the public on the other hand demands that a different course be taken which avoids violating human rights to resolve problems.
B.    THE RESPONSIBILITY OF THE GOVERNMENT
1.    The Role of the Government/Security Apparatus
The fundamental principle concerning the state, drawn from the principles set forth in the Vienna Declaration of 1993 ratified by Indonesia, is that primary responsibility for the maintenance of human rights lies with the government, as substantiated by Article 43 of the Convention on Human Rights (Decree of the People`s Legislative Assembly No. XVII/MPR/1998).
Overall, the general situation in Indonesia today is not conducive to the proper protection of human rights, as a consequence of the failure to resolve the series of violent acts constituting gross violations of human rights. At the same time, there is some indication that these gross violations of human rights among the public at large will never be resolved. There is a reluctance to investigate and acknowledge that in many incidents of violence it is not only elements of the Armed Forces who are implicated or involved, but also members of the public involved in horizontal conflict among themselves. With regard to primary responsibility of the government, the key question is: Why has the security apparatus and the judiciary been unable to investigate even one case of gross violation of human rights this year?
2.    The Role of the National Commission of Human Rights
As an organisation set up to create conditions conducive to the promotion and protection of human rights, the National Commission on Human Rights is fundamentally of the opinion that the state should be the vehicle for the freedom and advancement of humanity, and that the appropriate development of the state is towards realising a government based on the rule of law, rather than on despotism, tyranny, or anarchy. In an effort to seek an answer to the problem of the apparent incapacity of the Armed Forces to resolve the widespread violence, and to put an end to or not to seemingly ignore the uncertainty over the cause of and background to these violent incidents, i.e. acting as a security apparatus which plays an essential part in creating the conditions necessary for the maintenance of human rights, the National Commission on Human Rights notes:
g. That the Armed Forces as an institution appears to be experiencing internal difficulties created by the process of politicisation which weaken its integrity to act as an effective national force and professional apparatus;
h. That due to this internal situation, the basic organisational alignment of the Armed Forces remains vulnerable to the interests of certain parties, conceals abnormalities, and is manipulable, thus degrading the reputation of the Armed Forces;
i. That in the field, the Armed Forces appears to be facing a dilemma: to carry out its duty or to be accused of violating human rights; and this is used as the rationalisation for taking no action;
j. That with the reputation of the Armed Forces at a low, widespread violence is difficult to prevent because there is no apparatus with the authority necessary to ensure public compliance to the norms of law and order;
k. That the lack of authority on the part of the Armed Forces is not acceptable at a time when this authority is essential to the Indonesian people, particularly during this time of transition and potential disintegration;
l. That if violations of human rights are not followed up by a fair and swift judicial procedure, this will serve to frustrate the public, which could in turn spark more widespread violence and become a latent potential for national instability; and the responsibility for this lies with an Armed Forces which appears to be incompetent.
C.    CONCLUSIONS AND RECOMMENDATIONS
    In order to restore the fundamental political conditions in Indonesia needed to achieve the norms of promotion and protection of human rights, the National Commission on Human Rights recommends the following:
a. The government should swiftly bring into effect Decree of the People`s Consultative Assembly No. XVII/MPR/1998 in order to ratify international human rights instruments, prioritising the International Covenant on Civil and Political Rights, the International Convention on Social, Economic and Cultural Rights, and the International Convention on the Elimination of All forms of Racial Discrimination. This ratification is necessary to fulfil the proviso that international human rights instruments which have been ratified be promptly incorporated as a source of national law.
b. The government should clarify the National Action Plan on Human Rights in greater detail and disseminate its contents, and make real efforts to protect the weakest groups in society.
c. The government should promptly announce and periodically clarify the progress of the resolution of all cases/incidents of gross violations of human rights being handled by the government. This is necessary to eliminate public suspicion concerning the covering up of possible involvement of elements of the Armed Forces/apparatus of various levels. If this cannot be done by the Armed Forces itself, it should be done by the Presidency.
d. The court martial of 11 (eleven) members of the Special Forces suspected of being involved in the abduction of a number of student activists and in the search for 13 missing persons the fate of whom is as yet unclear has eroded public credibility in the good reputation of the Armed Forces to uphold justice, since it is clear that this is not a fair trial and is biased against the accused and the victims of abduction, and thus constitutes a violation of human rights. If this trial continues as is, it will serve only to resolve a small part of the issue of Armed Forces involvement in abduction. As an initial step to restore public credibility in the sincerity and integrity of the Armed Forces, this trial must be repealed in the interests of justice and truth, and upholding human rights; if not, this could constitute strong evidence of moves to cover up and protect those responsible for these abductions, as indicated in the findings of the Officers Honour Council. The outcome and process of this trial will illustrate to and be assessed by the public with regard to whether the Armed Forces is truly committed to upholding law, truth, and justice, as declared upon each reading of the Armed Forces Oath.
e. The role of the Armed Forces needs to be systematically de-politicised from the influence of the interests of power groups among the political elite, in order that this institution is not obstructed from acting as an effective national force and professional apparatus, i.e. self-corrective and corrective of others; capable of protecting state and national unity as based on the national Pancasila ideology and on the 1945 Constitution; and continually endeavouring to promote and protect human rights.
Thus, in order to restore the institutional integrity and authority of the Armed Forces so that it is able to maintain democratic order and protect human rights, and to prevent the recurrent centralising of power which tends to hamper the protection of human rights, necessary initial steps include considering a functional division between the office of the Minister of Defence and Security and the position of Commander of the Armed Forces, expediting the split of the Police from the Armed Forces, and granting extensive autonomy to all regions of Indonesia.
f. In the interests of the promotion and protection of human rights, these Political decisions need to be carried out soon, bearing in mind the extent of the potential for violations of human rights with regard to the General Election and the General Session of the People`s Consultative Assembly to be held in 1999.
Jakarta, January 4 1999

    
THE NATIONAL COMMISSION ON HUMAN RIGHTS

    
Chair
(signed)


Marzuki Darusman    Vice Chair I
(signed)


H.R.Djoko Soegianto
    
Vice Chair II
(signed)


Bambang W. Soeharto    Secretary General
(signed)


Clementino Dos Reis Amaral

. 150813
.: 17.12.02
: 9


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