From May 6 to 9, 2017, Patrick Gaspard, Vice President of the Open Society Foundation (OSF), and Binaifer Nowrojee, Director of the OSF’s Asia Pacific Regional Office, visited Jakarta.
The visit was conducted to strengthen cooperation between OSF, the Tifa Foundation—as part of OSF’s network in Indonesia—and the Tifa Foundation’s partners in promoting the strengthening of democracy and respect for and protection of human rights. One of Tifa Foundation’s partners met during this visit was the National Commission on Human Rights (Komnas HAM), an independent institution on par with state agencies that conducts assessments, research, outreach, monitoring, and mediation regarding human rights. During the meeting, the topic of protecting the rights of religious minority groups became a key point of discussion between OSF and Komnas HAM, represented by M. Imdadun Rahmat, one of the Commissioners, and Jayadi Damanik, Coordinator of the Freedom of Religion and Belief (KBB) Division, along with several other staff members from the KBB Division.
As stated in the 2016 Report on Freedom of Religion and Belief (KBB) by the National Commission on Human Rights (Komnas HAM), the number of complaints in 2016 reached 97. This figure represents an increase from 2015, which recorded 87 complaints. This rise serves as an indicator of increasing violations of the right to freedom of religion and belief.“Over the past 10 years, we have observed a rise in acts of intolerance in Indonesia, driven by the growing activities of intolerant Muslim groups,” stated Imdadun Rahmat.
In the report, West Java was the region with the highest number of complaints (21 complaints), followed by Jakarta (19 complaints). Cases involving the closure and destruction of places of worship were the most frequently reported (44 complaints), followed by restrictions on and bans against religious activities. Another issue noted by the National Commission on Human Rights (Komnas HAM) is intimidation and threats against specific religious groups.
According to the same report, the most common type of ban involved the prohibition of building mosques, including a mosque belonging to the Muhammadiyah group in Bireun, Aceh, and an Ahmadiyah mosque in West Java. The second-largest group affected was the Indonesian Ahmadiyah Community, and the third-largest was the Christian community, regarding bans on places of worship. Responding to this data, Imdadun stated that Komnas HAM’s mandate is limited to ensuring the accountability of state officials and institutions in fulfilling citizens’ rights to protection of their fundamental human rights. “Komnas HAM’sprimary duty is to ensure that state officials fulfill their duty to protect citizens’ fundamental human rights. We do not have the authority to intervene against non-state actors involved in violations of fundamental human rights,” he said.
The Impact of National and Local Political Dynamics
The discussion also highlighted the impact of practical political dynamics, both at the national and local levels, on the success of Komnas HAM’s work. “During the last presidential campaign, political access became increasingly open to intolerant groups. The same thing happened in the Jakarta gubernatorial election, where religious issues were used in campaign narratives as a way to attract voters. And this has had an impact not only in Jakarta, but also in other regions. This is the dark side of democracy,” said Imdad.
He added that when Komnas HAM attempted to resolve issues related to the construction of places of worship in Eastern Indonesia, the predominantly Christian community rejected the effort, arguing that their Christian counterparts in Jakarta were also facing persecution at the hands of the Muslim majority.“Some local governments have been ‘co-opted’ by intolerant groups, making it increasingly difficult for them to effectively fulfill theirrole in ensuring the protection of minority rights,” Imdad added.
Restoring Trust
In addition to political issues, Komnas HAM also faces internal and governance problems. Some time ago, the institution was implicated in a corruption case based on findings by the Supreme Audit Agency (BPK) on May 24, 2016. These findings are certainly ironic for an agency that is supposed to maintain an impeccable reputation. The profiles and views of several candidates for commissioners for the 2017–2022 term in the selection process currently underway have also raised concerns among certain circles. Some candidates have even expressed intolerant views that are at odds with the spirit of upholding human rights. As previously reported by Rappler, one commissioner candidate went at length to explain that the Ahmadiyya is a heretical sect. Another candidate claimed that sexual violence against migrant workers occurs because of the way these workers dress.
It is not surprising that some parties have voiced sharp criticism and concerns regarding this institution. Asfinawati, coordinator of YLBHI (Indonesian Legal Aid Foundation) and a member of the Save Komnas HAM Coalition, stated—as quoted by Media Indonesia—that since the beginning of the reform era, Komnas HAM’s performance in investigating and addressing human rights violations has declined.
A number of human rights violations have been left unresolved, such as the investigation into the 2014 Paniai case involving the Indonesian National Armed Forces (TNI) and the National Police (Polri), human rights violations in the agrarian sector, the Wasior-Wamena incident, and the counterfeit vaccine scandal.
Jaya Damanik, the coordinator of the KBB desk, who attended the discussion with OSF and the Tifa Foundation, also noted that the volume of cases requiring attention is disproportionate to the available resources.“Currently, there are nine staff members at the KBB desk, only six of whom are permanent staff. Our work is moving slowly, and we are also handling tasks to support the subcommittees and vice versa,” he said.
Despite the challenges it faces and the problems currently plaguing it, many are pinning their hopes on the new commissioners. They are expected to improve the conditions and performance of Komnas HAM and restore public trust in the institution. This is because, although its performance is seen as having declined, Komnas HAM is still regarded as a beacon of hope for resolving various human rights violations that have occurred since the past. Indonesia remains a benchmark for the handling of human rights violations in Southeast Asia. Although most of the perpetrators have been released, Indonesia has successfully established ad-hoc human rights tribunals for the Abepura, Tanjung Priok, and East Timor cases, and has successfully institutionalized human rights training for the police and military.
From the visit by the Tifa Foundation and OSF to the National Commission on Human Rights (Komnas HAM), it is clear that there is still significant room for improvement. Many hope that the next commissioners elected will promote equality, justice, and diversity; advocate for the protection of minority rights; and demonstrate a strong commitment to uncovering the truth in cases of human rights violations in order to achieve justice for the victims and their families.