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Commission on Human Rights
55th session
April 15, 1999

CONCLUDING REMARKS ON AGENDA ITEM 12,
BY MS. RADHIKA COOMARASWAMY ,
SPECIAL RAPPORTEUR ON VIOLENCE AGAINST WOMEN

In my five years as Special Rapporteur, I have never exercised my right to make concluding remarks in connection with government responses to my investigations. I have accepted government responses as good faith attempts to enter into constructive dialogue with my mandate. However, this year I am deeply disturbed by the intervention of the Government of Indonesia. Their remarks question my integrity and professionalism. These types of allegations are bad faith attempts to discredit the work of independent fact-finding mechanisms and to set one mechanism of the U.N. Commission on Human Rights against another. In this context I would like to point out that the briefing document of the Working Group on Arbitrary Detention on Indonesia closely parallels my recommendations.
Madame Chairperson, during my visit to Indonesia, I was firmly convinced that the government oflndonesia had welcomed a new era in its protection of human rights. I said in my report and I quote:
paragraph 14: Despite the uncertainty, the Special Rapporteur was struck by the
good will and openness of the present Government of Indonesia with regard to
her visit. Her stay in Jakarta was facilitated by the Ministry of Foreign Affairs
which arranged for her to have access to the highest levels of government and
the armed forces. The Ministry did not interfere with the Rapporteur's meetings
with NGOs and victims of violence and allowed her to maintain her own
itinerary, in keeping with her mandate. Government officials and members of the
security forces spoke to her with frankness and candour, even if they disagreed
with what she presented.
paragraph 15: The sincerity of the Government's wish to become more open and
respectful of human rights was highlighted by various events that have taken place
in the months following the change of regime in May 1998. Firstly, a fact-finding
commission was appointed to look into the May events; it included non-governmental
representatives. Then, the National Commission on Violence against Women was
established, with broad based representation. In addition, the heads of the security
forces were very keen that the United Nations engage in human rights training of
their cadre and were very enthusiastic about a follow-up programme. Finally, the
decision of the Government to invite the Special Rapporteur on violence against
women, the Special Rapporteur on racial discrimination and the Working Group
on Arbitrary Detention is evidence that the new Government is interested in
improving the condition of human rights in Indonesia.
The response of the Indonesian government to my report on Tuesday makes me want to seriously reconsider this assessment. Their response indicates a refusal to begin a process of taking responsibility for prior human rights violations -a position in stark contrast to the human rights rhetoric that I heard while in Jakarta in November 1998. I am seriously concerned that the refreshing changes I welcomed in my report in November 1998 are now under threat. Recent developments in East Timor also serve to heighten my fears that the promise of November will not be realized.

Madame Chairperson, I cannot respond to all the allegations made in the statement by the Indonesian government but I would like to just respond to a few that may have significance for human rights development in the Indonesian context.
I was quite amazed that the Indonesian government claimed in its statement that I was not sincere in my meetings with government officials. I remember with appreciation my two hour conversation with the honourable Minister of Foreign Affairs, Mr. Ali Alatas. I was struck by his vision and his deep concern for Indonesia in terms of living up to international standards of human rights. I express my appreciation for his time and insight, in my mission report. As for members of the police and the military, in my interviews they were primarily of the belief that since few cases of human rights violations were reported, there was no real problem. I recorded their comments, but could not go much further in my analysis.
Madame Chairperson, as for the remark by the Indonesian government that I was far more enthusiastic in my conversations with people outside the government -I find such a statement to be quite extraordinary .I was enthusiastic about all my meetings and enjoyed meeting the full array of Indonesian public opinion.
I would like to end with what I feel is one of the greatest human rights problems in Indonesia today -the security of human rights defenders and victims of violence. Since my visit, NGO's and victims have written to me stating that they have received death threats and threatening phone calls for having spoken with the Special Rapporteur. I have passed on the allegations to the Indonesian government. These death threats are attempts by unidentifiable anonymous groups that oppose democracy and human rights. Unless Indonesia makes a strident effort to reign in these darker forces, the dawn of a new era so eloquently expressed by the honourable foreign minister will not see the light of day.
Madame Chairperson, Indonesia in November 1998 was a place full of human rights promises and democratic dreams. The purpose of my report was to assist the government of Indonesia in fulfilling those aspirations. I am therefore extremely disturbed that the government of Indonesia has misread my intentions. Their defensive, strident reactions to my report in stark contrast to the open, accessible manner with which I was received convinces me that the international community must remain vigilant against the possibility of the clock being turned back to an earlier era when human rights in Indonesia were violated with greater impunity.
Thank you Madame Chairperson.