E/CN.4/2000/4/Add.2
page 6
17.
Other legislative reforms with a potential positive bearing on the
protection and promotion of human rights have been initiated by the new
Government. In November 1998, the People’s Representative Assembly adopted
Decree XVII/MPR/1998, which emphasizes the need to adopt legislation which
would put the work of the National Commission on Human Rights on a firm legal
basis and guarantee its independence. A wide-ranging reform of the judiciary
is under discussion; if adopted, it would ensure the independence of the
judiciary from the executive branch and in particular the Ministry of Justice.
On another issue, it is envisaged to separate clearly the powers of the police
from the powers of the military; at present, the police operate under the
authority of the military. Finally, a new draft penal code is in the final
stages of discussion; its adoption would constitute a significant development.
18.
The Working Group believes that the Commission on Human Rights will
appreciate the promising reforms undertaken by the Government in the field of
human rights. But, as will be shown hereafter, the Group is conscious of the
difficulties which the implementation of these reforms face or will face in
practice. Many of the reforms necessitate initiatives and reforms at the
legislative and institutional levels, the abrogation of certain rules which
the authorities admit are incompatible with international human rights
standards, and directives and instructions to the authorities with a view to
ending impunity.
19.
The common tenor of comments conveyed to the delegation by judges,
representatives of NGOs, the legal profession and civil society was that
legislation governing arrest and detention in Indonesia, with the exception of
laws on State security, is satisfactory on most points, but that it is
frequently not applied in practice.
20.
President Habibie has made the solution of the long-standing conflict in
East Timor one of his priorities. Since June 1998, a number of political
prisoners from East Timor have been either pardoned or amnestied, and a
greater freedom of speech and expression is evident in the territory. The
status of “special military operations zone” was revoked in the summer
of 1998, and the Government has withdrawn some troops from the territory.
However, without international verification of the withdrawal process, it
continues to be difficult to assess whether there has been a genuine reduction
in troops.
21.
The Working Group has noted the extent to which the political changes in
Indonesia have had a positive impact on the tripartite talks on East Timor
involving Indonesia, Portugal and the United Nations Secretary-General.
On 18 June 1998, the Minister for Foreign Affairs of Indonesia, Mr. Ali Alatas
informed the Secretary-General that his Government was prepared to grant
East Timor a special status with a wide degree of autonomy within the
Indonesian State. In January 1999, President Habibie and Mr. Alatas announced
that the Government was prepared to release East Timor into independence as
early as the year 2000 if, on the basis of consultations with the parties
concerned, this was indeed the desire of the East Timorese population. In
East Timor, these announcements were received with caution if not with
scepticism by the supporters of the independence movement (FRETILIN); they
have received a hostile reception from the pro-integrationist forces.