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Indonesian National Commission on Human Rights
Surabaya, 22-24 November 2000


National Human Rights Workshop:
“Transitional Justice: Defining the Quality of Indonesia’s Future Democracy”


Speech by Mary Robinson

United Nations High Commissioner for Human Rights


Chairperson,
Minister,
Fellow Speakers,
Excellencies,
Ladies and Gentlemen,

It gives me great pleasure to visit Indonesia at this time. I am honoured to be invited to address this workshop on the theme of ‘Transitional Justice: Defining the Quality of Indonesia’s Future Democracy’ organised by Komnas HAM, the Indonesian National Commission on Human Rights.

Since its establishment in 1993, Komnas HAM has played a pivotal role in the promotion and protection of human rights in Indonesia. My Office and Komnas HAM have established strong ties. We have worked together closely on activities undertaken by the growing family of national human rights institutions within the Asia Pacific region. Komnas HAM has generously shared its ever-widening experience throughout the Asia Pacific region and beyond. I was pleased that,
a few weeks ago in the Philippines, members of Komnas HAM participated in a workshop supported by my Office, on economic, social and cultural rights which brought together national human rights institutions from all over the Asian region. Your Commission has also participated actively in the UN Commission on Human Rights meetings in Geneva, sending an important message about the role of independent national institutions to the international community and enriching that debate.

Today, in the presence of distinguished members of Komnas HAM, members of the Government and national and international human rights actors, I wish to acknowledge your invaluable support to OHCHR’s technical cooperation activities within the Asia Pacific region. I am confident that we will deepen and strengthen these ties in the years ahead. I encourage Komnas HAM to continue its important work of promoting human rights at the national and the regional level.

Indonesia, this vast and rich country, is, like other states in the Asia Pacific region, currently in a transitional phase, as she puts in place the building blocks necessary to sustain the life of a democratic nation. I am well aware of the difficulties such a transition brings, and applaud the determined steps being taken to meet these challenges.

As Indonesia works towards the establishment of a strong democracy, it is appropriate to ask, as indeed Komnas HAM has done with the holding of this Workshop, what is the role of justice in the development of a secure, democratic future for Indonesia? What are the benchmarks of transitional justice that will define the quality of Indonesia’s future democracy?

The first thing that I would stress, Chairperson, is that there can be no democracy without justice. And there can be no justice without full and complete respect for the rule of law. This applies in Indonesia, just as it does in every other nation.

Respect for the rule of law requires a commitment from all sectors of society - the judiciary, parliament, the executive, the law enforcement agencies and the people. It requires a commitment that no one will be above the law, that accountability will be ensured, and that there will be no impunity for past or future crimes.

The objective should be a society which respects the human rights of everyone. That means the full range of human rights: economic, social and cultural, as well as civil and political. We are fortunate to live at a time when there is growing recognition of the importance of economic, social and cultural rights. An important landmark was the affirmation at the Vienna World Conference on Human Rights that “all human rights are universal, indivisible and interdependent and interrelated.” Earlier this year, the Commission on Human Rights stated that “the ideal of free human beings enjoying freedom from fear and want can only be achieved if conditions are created whereby everyone may enjoy his or her economic, social and cultural rights, as well as his or her civil and political rights.” Social justice must be at the heart of the rule of law.

Chairperson, how can Indonesia enshrine these principles in her path of transition to the establishment of a strong democracy?

In the first place, as I have said, it is imperative that the democratic process be based upon a rights-based approach, which is all-inclusive and encompasses the entirety of society. This approach places the individual as a holder of fundamental rights at the centre of our efforts. It is an approach that calls for the active participation of governmental and non-governmental actors.

Second, we must recognise the centrality of a well-functioning justice system in a democratic society, a system where independence and impartiality are honoured, where professionalism is paramount.

Third, although the judiciary rests at the heart of any national system of administration of justice, and, as such, is at the forefront of the current transition in Indonesia, the justice system itself does not begin, nor does it end, with the judiciary. Law enforcement officials, prosecutors, defence counsel and prison officials all play a central role in the administration of justice.

Fourth, I attach great importance to independent national human rights institutions which monitor and ensure compliance with international standards. Such bodies thrive best when appropriately resourced, trained, properly managed and left outside the political realm.

At this juncture, Chairperson, I feel compelled to refer again to the work and role of Komnas HAM which is critical in assisting, encouraging and advancing the efforts of all elements of the justice system. With its important powers to initiate investigations, issue subpoenae and begin mediation procedures, Komnas HAM has the tools necessary to lead the way for victims of human rights violations to follow up proceedings. By initiating procedures and addressing the most difficult cases, Komnas HAM ensures that respect for human rights and due process of the law is kept alive in the public conscience. In doing so, Komnas HAM plays a central role in developing a society steeped in the values of the rule of law, a society with justice at its core.

In addition to its regular range of activities that any national human rights institution can take, Komnas HAM has undertaken extraordinary activities, which have served to underline the need for accountability and augment Indonesia’s path to democracy. One such activity was the establishment of the Commission of Inquiry on the situation of human rights in East Timor, following the announcement of the results of the Popular Consultation, KPP-HAM. The establishment of this Commission was an act of great courage and was carried out with rigour. All over the world, human rights activists and professionals have commended the work of the Commission and the results of its findings.

Chairperson, distinguished guests, I welcome the recent adoption by the House of Representatives, the DPR, of the Human Rights Courts Act. In particular, I am pleased to note that the Human Rights Courts will be authorized to try past cases of gross human rights violations. I also note that the Act contains provisions for identifying and prosecuting those individuals who bear ultimate responsibility for violations. It is worthwhile to observe that the Courts are also authorized to examine alleged human rights violations committed by Indonesian citizens outside the territory of Indonesia.

In this regard, I am also aware of efforts by the Government of Indonesia to investigate the gross human rights violations that took place in East Timor last year. I am encouraged by the discussions I held on this subject with your previous Chairperson, Attorney-General Darusman, during my short visit to Jakarta in August of this year. I look forward to discussing the investigations with the Attorney-General in Jakarta tomorrow, including my offer of technical assistance to support the prosecution process.

During my visit to East Timor in August, I was also heartened to learn of the collaborative efforts initiated by Indonesia and the United Nations Transitional Administration in East Timor (UNTAET), in particular in the areas of exchange of information and assistance in the investigations. This cooperation may prove to be a vital element in the overall efforts of Indonesia to strengthen her system for the administration of justice. In fact, I am of the view that such cooperation is the best way to effectively address the terrible violations that took place in East Timor last year.

Chairperson, the experience of many countries in transition reveals that justice and accountability can be further served by integrating other initiatives, strictly falling outside the legal process, into the legal structure. I speak of the truth and reconciliation framework which can, under certain conditions, effectively assist the process of healing and transitional justice.

The essence of a truth and reconciliation process is twofold. First, it is to document the past, to ensure that future generations know the truth about the facts - all the facts - with clarity and completeness. It is to ensure that the names of victims and individual stories of suffering are known and revealed. It is to ensure that, to the extent possible, perpetrators, including those who gave orders, and their motives are identified.

The second essential element of this process is that of healing - of reconciliation – of atonement - of the coming together and achieving a common sense of closure and looking towards the common future.

The focus of this process must be on the community and society as a whole. This requires not only active participation of all sections of the community, but also the enjoyment by all of the benefits of this process.

I understand that a draft regulation on the establishment of a Truth and Reconciliation Commission for Indonesia has been prepared. I applaud and encourage the initiative of the Government of Indonesia in exploring the options for initiating such a process. However, I must emphasise that the truth and reconciliation process does not and must not mean impunity for those who are responsible for human rights violations. The judicial process and the truth and reconciliation efforts processes must be carefully calibrated to be mutually supportive and to follow hand in hand.

Within the broad framework of the important ongoing initiatives for transitional justice, my Office is ready to work, in co-operation with other international partners such as the World Bank and UNDP, to assist Indonesia in taking steps to enhance the administration of justice sector. At the request of the Attorney General, my Office has elaborated a programme of support to the administration of justice which entails the training of ad hoc judges, prosecutors and defence counsel. We are ready to provide further assistance as appropriate and refer to activities in the areas of human rights training and education as well as fellowships, in keeping with the understanding reached with the Ministry of Foreign Affairs/DEPLU. In this regard, I express appreciation for the manner in which officials of the Ministry of Foreign Affairs/DEPLU have met with my Regional Adviser, Mr. Justice Bhagwati, in recent days to discuss the modalities for the implementation of this technical co-operation project and for furthering a framework within which cooperative endeavours between OHCHR and Indonesia in the field of human rights can continue.

I note that preparations will shortly begin on the next annual regional human rights workshop, to take place in Bangkok in early March next year. As before, I count upon Komnas HAM and our other Indonesian partners to support the preparations of the workshop and to implement the recommendations that will follow.

As Secretary-General of the World Conference against Racism which will be held in Durban, South Africa next September, I also look forward to the valuable contribution which your Commission and other National Human Rights Institutions will make to identifying practical strategies both to prevent and combat the scourge of racism.

I wish you well in your deliberations today and tomorrow and every success for the workshop, which is an important initiative to address and deal with past abuses, whilst also looking to current and future efforts to strengthen the foundations of justice and democracy.

Thank you.