Abstract
In recent years, the Indonesian National Human Rights Commission (Komnas HAM) has come under increasing scrutiny as a consequence of its internal problems as well as the persistent refusal of other state bodies to cooperate with the organization. The current situation is remarkable when considering the improvements made to the commission’s legal status and mandate. This article will identify internal and external factors that influence the organization’s functioning and pay particular attention to how politicization has adversely impacted on Komnas HAM. It will be argued that the politicization of the commission is a direct consequence of the changes made to the organization as part of human rights reforms. That these reforms have failed to strengthen Komnas HAM is a reflection of the low quality of Indonesia’s democracy and the challenges the country faces in the implementation of human rights.
Highlights
In February 2013 the Koalisi Masyarakat Sipil untuk ham dan Komnas ham (Civil Society Coalition for Human Rights and Komnas ham) issued a press statement claiming that the Komisi Nasional Hak Asasi Manusia (Indonesian National Human Rights Commission; hereafter Komnas ham) was in a perilous situation
This article has discussed the development of Komnas ham in a socio-political context
The good performance of Komnas ham in this period raised expectations that the commission would be able to make a substantial contribution to the protection of human rights in a more democratic context
Summary
In February 2013 the Koalisi Masyarakat Sipil untuk ham dan Komnas ham (Civil Society Coalition for Human Rights and Komnas ham) issued a press statement claiming that the Komisi Nasional Hak Asasi Manusia (Indonesian National Human Rights Commission; hereafter Komnas ham) was in a perilous situation (di ujung tanduk). This article starts by discussing the establishment of Komnas ham in 1993 and its performance during the late New Order, explaining which factors contributed to the strong public legitimacy the commission enjoyed by 1998 It will address the changes made to the organization after the resignation of Soeharto, which strengthened Komnas ham’s legal status and gave the commission a strategic position in addressing cases of gross human rights violations. The changes made to Komnas ham’s legal status and mandate gave the commission the opportunity to play an important role in addressing human rights violations, which meant that the commission’s activities carried more weight than before. That message was not lost on Komnas ham commissioners, as well as on external stakeholders
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