W

hile a bill to establish a Truth and Reconciliation Commission (KKR) for past human rights violations is among priority legislation to be deliberated this year, the National Commission on Human Rights (Komnas HAM) is calling on the government and the House of Representatives to arrange public hearings prior to the setting up of the new commission.

Komnas HAM, a mediator between the government and civil society groups in the deliberation, has called on the government and House to involve the public '€” in particular the victims of past alleged rights abuses '€” in the process, instead of opting for certain preferences to achieve a national consensus.

'€œWe can settle the cases through a non-judicial mechanism if all related elements agree. If not, its better not to impose it because it will not bring a comprehensive solution,'€ Komnas HAM deputy chief Roichatul Aswidah told The Jakarta Post on Sunday.

The resolution of several gross rights abuses has been out of reach for years due to political arguments.

The cases consist of the 1989 Talangsari massacre, the enforced disappearances of pro-democracy activists in 1997 and 1998, the Trisakti University shootings, the Semanggi I and II student shootings in 1998 and 1999, the mysterious killings of alleged criminals in the 1980s, the anti-communist massacres of 1965, and various abuses that took place in Wasior and Wamena in Papua in 2001 and 2003, respectively.

Law No. 26/2000 on rights courts mandates the establishment of a KKR to settle abuses that took place before the 2000 law was passed.

Although a formal discussion on the matter has yet to begin, several officials including Attorney General M. Prasetyo have cited reconciliation instead of a rights tribunal as the best option, suggesting that the government will cancel the judicial process in an attempt to resolve past abuses.

In terms of challenges to resolving the cases via investigations, officials repeatedly cite the often prolonged length of time that has passed since the alleged abuses occurred as well as the lack of witnesses, victims or alleged perpetrators available, as many have passed away.

Komnas HAM reiterated the importance of opening the process to the public to resolve cases that have weighed on the country for years.

'€œWe don'€™t want to see these cases appear in public discussion every five years during elections, when they are used as weapons to attack [different presidential contenders],'€ Komnas HAM chairman Nur Kholis told the Post recently.

However, the fate of the KKR bill is in limbo, despite it being included among the priority bills that the government and House have agreed to deliberate this year.

Law and Human Rights Minister Yasonna H. Laoly previously said the government was committed to endorsing the bill this year to hasten the process and restore the rights of victims of past human rights abuses, but no deliberations have taken place.

The House is not expected to start deliberations in the current sitting session, which will run for one month until April 24, due to ongoing tension involving the two existing political coalitions regarding issues deemed more important, including the selection of the new National Police chief.

If approved, the KKR would comprise of nine individuals who would be given four years to investigate the cases that Komnas HAM declared gross human rights violations, to find the most appropriate way of restoring the rights of the victims as well as achieving reconciliation.

The draft bill also mandates the establishment of KKR branches in Aceh and Papua due to the special needs of both of those regions, with the consent of the local authorities.