Rights violations more rampant in 2014 Mimin Dwi Hartono  ;  An Investigator at the National Commission on Human Rights (Komnas HAM)

JAKARTA POST,  06 Januari 2014

                                                                                                                                                                   

Attempts by the state to respect, protect and fulfill human rights in 2013 have been no better than those in 2012.  In general, based on complaints filed with the National Commission on Human Rights (Komnas HAM), three main actors allegedly commit human rights violations: the police, corporations and regency/city heads. For the last five years, these three actors have topped the list of human rights violations.  There are several reasons behind this finding, particularly with respect to authority and/or power as a result of regional autonomy. The police have obtained more power and authority in the realms of law enforcement and public order. However, this power is not equipped with adequate and effective instruments and control mechanisms, both internally and externally.  Internal sanctions for ethical, disciplinary and criminal violations have failed to provide deterrents. The police have attempted to make improvements but these measures have, as yet, been insufficient. Complaints related to the police’s performance are frequently made. Police agencies are hardly controlled, which reduces public confidence in the process and result of law enforcement.  Allegations of human rights violations and abuses of power by police officers from top to bottom continue and are likely to increase.  Corporations can perpetrate rights abuses because of the network and the power of capital, which allegedly influences public policy and the design of local development.  In the post-regional autonomy era, the power of capital intervenes in local government policymaking as the business permit-process rests ultimately in the hands of regents or mayors. Business permits in mining, plantation and forestry sectors have increased significantly, but many spark conflicts between local residents and corporations due to overlapping permits and tenure rights.  To avoid central government intervention and clearance, corporations have set up several subsidiaries.  Central and provincial governments lack the authority to control and oversee local governments’ policies. Central and provincial governments have often seen their recommendations ignored.  Minimum requirements for regents or mayors to issue permits have made it easy for corporations to apply and obtain permits. Excessive power and authority is a blessing of local autonomy for regional heads. However, they often do not exercise power for the prosperity of their people, but for themselves and their groups through the “sales” of investment permits.  This certainly contradicts the spirit of regional autonomy, which aimed to bring leaders closer to their people. The opposite has happened, as regents or mayors emerge as “little kings” that treat their jurisdictions as their own “kingdoms”, issuing business permits at will at the expense of their people. This is the consequence of direct elections, which are very costly and inefficient. A candidate allegedly needs tens of billions of rupiah to run for a regent or mayoral role.  Therefore, when they are elected, their power is exercised to return the political investment and divide concessions among their sponsors, such as political parties and businesspeople. The worst happens if the three actors “collaborate” at the expense of the rights of the people. It usually occurs, for example, when police arrest people on the latter’s own land as law enforcers only recognize formal licenses issued by the local government.  Without prior notice and consultation, ancestral land is often incorporated into a corporation’s concession map. The pattern continues so that the conflict between corporation and community leads to the realm of criminal law because the police stick to the formal legal approach while not taking into consideration the substance and root of the problem.  Such a pattern will be more widespread in 2014, the so-called “political year”. The issuance of business permits for natural resource extraction will be more rampant as more money is needed to win legislative and presidential elections.  As a result, human rights violations are expected to significantly increase throughout next year. It will be wise for the police leadership to handle conflicts with care where they concern natural resources involving corporation and communities, so as to prevent officers in the field from committing human rights violations. The home minister needs to look at the policy of regents/mayors prior to and during 2014 and coordinate with the relevant ministries in order to avoid abuses of power. Likewise, corporations are supposed to uphold integrity and commitment to not take advantage of the political year to obtain new licenses by ignoring public justice. Multi stakeholder forums, such as the Roundtable on Sustainable Palm Oil (RSPO), the forest certification mechanism and business and human rights forums, which aim to control the performance of corporations, should be developed and strengthened.  Corporations must comply with global standards, ethics and human rights norms when running their operations. ●