Sebenarnya surat itu tidak hanya menyoroti soal kebijakan memerangi korupsi atau pelemahan KPK, tetapi menyoroti banyak aspek kondisi HAM di Indonesia secara umum. Selain soal Korupsi surat HRW ini menyinggung pula soal-soal Bisnis Militer, Impunitas, Situasi di Papua, Pekerja Anak, Kebebasan Agama dan Kebebasan Berekspresi berikut dengan rekomendasi untuk setiap persoalan yang disampaikan.
Menurut saya surat ini penting untuk menjadi perhatian publik karena saya melihat belum ada dokumen sejenis dengan cakupan pemetaan kondisi HAM yang komprehensif (tapi singkat padat) dari institusi atau NGO HAM di Indonesia yang bisa diakses publik dengan mudah dan memang sengaja ditujukan untuk memberikan masukan atau desakan kepada Presiden terpilih. Padahal menurut saya apa yang disampaikan oleh Human Rights Watch adalah soal-soal yang menjadi agenda advokasi banyak jaringan organisasi gerakan sosial dan organisasi masyarakat sipil di Indonesia.
Walau pun demikian menurut saya surat HRW juga masih mengandung kelemahan karena lebih banyak menyoroti soal pemenuhan Hak Sipol Politik dan agak kurang menyoroti soal pemenuhan Hak Ekosob. Padahal menurut saya soal-soal pelanggaran Hak Ekosob (terutama hak ekonomi, ingat soal dikte neoliberalisme dalam kebijakan ekonomi Indonesia) adalah soal yang tak kalah gentingnya dan acap kali menjadi pangkal pelanggaran Hak Sipil Politik sebagai respon atas protes rakyat.
Surat dimaksud selengkapnya….
Letter to President Yudhoyono on Human Rights Concerns in Indonesia
August 6, 2009
Dr. H. Susilo Bambang Yudhoyono
President, Republic of Indonesia
Gedung Bina Graha
Jl. Veteran 16
Jakarta Pusat
Re: Human Rights Concerns in Indonesia
Dear President Yudhoyono,
Congratulations on your recent election success. Human Rights Watch would like to say selamat menunaikan tugas, good luck in carrying out your duties as president. We encourage you to build on the successes of your first term in office, and bring new energy to areas including human rights where important objectives have not yet been achieved.
For many years, Human Rights Watch has raised human rights issues with the Indonesian government. With another five-year term, you and your new coalition government have an opportunity, and the responsibility, to address continuing human rights concerns in Indonesia. As Indonesia is a party to the major human rights treaties, we urge you to ensure that Indonesia lives up to its international legal obligations.
To this end, we write to you with specific recommendations on the issues that have important implications for the human rights of Indonesians, specifically corruption, military business, impunity, religious freedom, freedom of expression, the situation in Papua, and child domestic workers. We urge you and your government to give high priority to each of these issues.
Corruption
Anti-corruption measures are critical to ensuring that human rights protections are enjoyed by all Indonesians. Corruption diverts money that could have been collected as tax revenue away from government coffers-funds that could otherwise have been spent on social spending, such as improving access to health services. To this end, we urge you to deliver on your campaign promises to fight corruption and improve the welfare of Indonesia's citizens. We commend the progress made by the Anti-Corruption Commission (KPK), established under your first administration. Yet current trends undermine the effectiveness and very existence of the commission. In particular, to ensure its continued existence, the National Parliament must pass a bill to reestablish the KPK court by September 30, but the bill is not on the list of priority legislation for the parliament's attention. Further clauses in the bill are under debate that, if included in the final legislation, would erode the commission's effectiveness and independence, including by limiting the KPK to an investigative function and reducing the number of ad-hoc judges to sit on trial panels.
Anti-corruption efforts should be broadened to be effective. Sustained, rigorous efforts to root out corruption in the police, judiciary and military will help stem the loss of tax revenues from lucrative natural resources, especially the forestry and plantation sectors. Strong leadership from yourself and the Ministry of Forestry is needed to implement anti-corruption reforms, such as chain of custody mechanisms to ensure the legal origin of wood products and the full payment of forestry taxes.
We urge you to:
Act immediately to ensure the National Parliament enacts legislation to renew the KPK court, without eroding its authority or independence. If necessary issue an appropriate executive order until legislation can be passed;
Ensure corruption investigations sufficiently extend to the judiciary, police and military, including the use of anti-corruption and money laundering legislation to fight corruption in the forestry sector;
Stem the loss of government tax revenues from forestry corruption by finalizing chain of custody and revenue tracking mechanisms.
Military Business
Dismantling business activity by the armed forces (Tentara Nasional Indonesia or TNI) is widely recognized as a necessary pillar of military reform. But progress has been slow, despite a 2004 legal mandate requiring the government to shut down or take over all of the TNI's business interests before October 2009. We understand that your government has recently decided on a course of action and is finalizing a presidential decree that sets out how it will proceed. We hope that, as the culmination of nearly five years of discussion and debate, this effort will embody a well-considered and comprehensive approach.
TNI involvement in the economy takes several forms: military-owned businesses; collaboration with the private sector (including protection payments); criminal enterprises; and various forms of corruption. Each is pernicious, amounting to an abuse of power as well as a misuse of state assets. Human Rights Watch has shown that money-making ventures by TNI foundations and cooperatives at all levels fuel human rights abuses and create conflicts of interest. Military involvement in illegal businesses, including in the logging and oil palm sector, undermines the rule of law and Indonesia's anti-corruption agenda.
The fact that Indonesia's military derives funds from ties to the private sector, including corporate security payments, presents another ongoing concern. Controversy over such payments has resurfaced in the wake of the series of deadly shootings in July 2009 near the Freeport McMoRan copper and gold mine in Papua. Although a 2004 presidential decree stipulates that responsibility for guarding major corporate sites should transfer from the military to the police, this handover has been incomplete. Company filings in the United States show that Freeport's total spending on "support costs" for the 1,850 Indonesian soldiers and police who operated in and near its mine reached US$92 million through 2008, including US$8 million for 2008 alone. Some of these funds are dispersed as cash "allowances."
We urge you to take firm action to end the involvement of Indonesia's security forces in wide-ranging economic activities as follows:
Move expeditiously to issue the long-awaited presidential decree on TNI business reform and accompanying regulations. These measures should be comprehensive and without exceptions, incorporating robust accountability provisions for TNI business dealings (including the unauthorized sell-off of companies and the misuse of state assets) and associated abuses, and be complemented by strict enforcement of the ban on all military business activity;
Reject a proposal to transfer TNI businesses to the nominal control of the civilian-led Ministry of Defense, where uniformed military personnel exercise great influence, and instead name an impartial body to take temporary control of such businesses until they are liquidated or sold off. Adopt and enforce similar measures prohibiting business activity in any form by the police;
Call for a full, impartial, and transparent investigation of company payments for government security, ensuring that regular reporting on the progress of such investigations takes place and is shared with the Secretariat of the Voluntary Principles on Security and Human Rights, as well as corporations operating in Indonesia that have joined the initiative.
Act to end the practice whereby the presence of government security forces at major corporate sites is underwritten by the companies. Develop an alternative system of financing for public security such that the cost of security is paid from government coffers and the funds directed to this purpose are independently audited, and publicly disclosed in detail.
Impunity
There is still widespread impunity for members of the security forces responsible for serious violations of human rights. Indonesian military officers and militia leaders have yet to be brought to justice for the atrocities committed by their forces in East Timor, Papua, Aceh, the Malukus, Kalimantan, and elsewhere.
A bellwether test is the case of Munir bin Thalib, a respected human rights advocate murdered on a Garuda Indonesia flight five years ago. In 2004, you yourself said that finding Munir's murderer is "the test of our history." On December 31, 2008, a Jakarta court acquitted Maj. Gen. Muchdi Purwopranjono, a former deputy in the State Intelligence Agency, of Munir's murder in a trial marred by witness coercion and intimidation. On June 15, 2009, the Indonesian Supreme Court rejected an appeal by state prosecutors of Muchdi's acquittal.
Human Rights Watch understands the difficulties in investigating a murder allegedly involving a state intelligence operation. But there are serious concerns about events in the lead-up to the trial and the quality of the evidence. Witnesses were possibly intimidated into changing their statements, a key witness fled the country and the prosecution was weak.
During your previous term as president, you succeeded in ending the conflict in Aceh through the signing of a peace agreement between the Indonesian government and the Free Aceh Movement. But there is still no serious effort to establish a truth and reconciliation commission and a tribunal to look at crimes committed after the August 2005 peace agreement, as required by the 2006 Law on Aceh Governance. The tribunal was supposed to be in operation by August 31, 2007. For there to be lasting peace, those involved in extrajudicial killings and other abuses need to be held accountable.
We urge you to:
Establish a new independent investigation into the murder of Munir bin Thalib with strong measures to protect witnesses;
Set up an inquiry into allegations that witnesses in the trial of Maj. Gen. Muchdi Purwopranjono were intimidated into changing their statements;
Encourage Aceh governor Irwandi Yusuf to establish the human rights tribunal as well as the Aceh Commission on Truth and Reconciliation. The Aceh commission can be established by provincial decree, without waiting for the establishment of the national commission.
Selengkapnya
http://www.hrw.org/en/news/2009/08/06/letter-president-yudhoyono-human-rights-concerns-indonesia
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