http://www.thejakartapost.com/news/2009/05/05/ri-committed-ratifying-icc-doubt-remains.html
It is just "a matter of time" before Indonesia becomes a state signatory to the International Criminal Court (ICC), a Foreign Ministry official said on Monday.
But an analyst alleged that fear of possible intervention by the court was causing the government to drag its feet in ratifying the Rome Statute, the ICC's founding charter.
Foreign Ministry spokesperson Teuku Faizasyah said Indonesia was committed to ratifying the accord, which it has already signed, as mandated by the 2004 presidential decree on a Human Rights National Action Plan. It, however, has not been ratified by the parliament or signed by the president. "We are still preparing for the ratification. There are a few elements *in the treaty* that need to be discussed," he told The Jakarta Post.
ICC President Song Sang-hyun visited Jakarta last week to push Indonesia, which he called an "important" and "influential" country, to complete the ratification process, which he was told would be done last year.
Faizasyah said the Law and Human Rights Ministry was still conducting a study on the international treaty, adding the government had not yet missed the deadline, as the presidential decree is valid until the end of this year. "The focal point is now the Law and Human Rights Ministry," he said.
The ministry's directorate-general for human rights protection is the agency tasked with studying the convention. Harkristuti Harkrisnowo, who heads the agency, did not answer her phone when contacted.
Noted lawyer and human rights activist Todung Mulya Lubis said he suspects the government was hesitant to ratify the treaty out of fear the ICC would investigate alleged human rights violations currently going on in the country.
"There might be a second thought that the ratification would bring harmful consequence to the government," he said. "This is actually an unnecessary apprehension, but it could undermine the process," he added.
The government has shown its commitment to upholding human rights by ratifying the international covenant on civil rights and establishing a rights tribunal, but critics say it has not done enough to investigate rights abuses in Papua.
The treaty is not retroactive and therefore can only prosecute crimes committed after the date of its establishment: July 1, 2002. It is also effective only after legal measures at the national level have been exhausted. The Munir case, Todung said, could be brought to the court if the government fails to come to a resolution.
The People's Coalition for the Ratification of the ICC, a group of NGOs, however, believes the government is committed to ratifying the treaty, but warned that it should work faster as the current administration is approaching the end of its term. "We cannot wait until the new administration is formed, for it will violate the presidential decree mandating the ratification," coalition member Simon said. (*)
It is just "a matter of time" before Indonesia becomes a state signatory to the International Criminal Court (ICC), a Foreign Ministry official said on Monday.
But an analyst alleged that fear of possible intervention by the court was causing the government to drag its feet in ratifying the Rome Statute, the ICC's founding charter.
Foreign Ministry spokesperson Teuku Faizasyah said Indonesia was committed to ratifying the accord, which it has already signed, as mandated by the 2004 presidential decree on a Human Rights National Action Plan. It, however, has not been ratified by the parliament or signed by the president. "We are still preparing for the ratification. There are a few elements *in the treaty* that need to be discussed," he told The Jakarta Post.
ICC President Song Sang-hyun visited Jakarta last week to push Indonesia, which he called an "important" and "influential" country, to complete the ratification process, which he was told would be done last year.
Faizasyah said the Law and Human Rights Ministry was still conducting a study on the international treaty, adding the government had not yet missed the deadline, as the presidential decree is valid until the end of this year. "The focal point is now the Law and Human Rights Ministry," he said.
The ministry's directorate-general for human rights protection is the agency tasked with studying the convention. Harkristuti Harkrisnowo, who heads the agency, did not answer her phone when contacted.
Noted lawyer and human rights activist Todung Mulya Lubis said he suspects the government was hesitant to ratify the treaty out of fear the ICC would investigate alleged human rights violations currently going on in the country.
"There might be a second thought that the ratification would bring harmful consequence to the government," he said. "This is actually an unnecessary apprehension, but it could undermine the process," he added.
The government has shown its commitment to upholding human rights by ratifying the international covenant on civil rights and establishing a rights tribunal, but critics say it has not done enough to investigate rights abuses in Papua.
The treaty is not retroactive and therefore can only prosecute crimes committed after the date of its establishment: July 1, 2002. It is also effective only after legal measures at the national level have been exhausted. The Munir case, Todung said, could be brought to the court if the government fails to come to a resolution.
The People's Coalition for the Ratification of the ICC, a group of NGOs, however, believes the government is committed to ratifying the treaty, but warned that it should work faster as the current administration is approaching the end of its term. "We cannot wait until the new administration is formed, for it will violate the presidential decree mandating the ratification," coalition member Simon said. (*)
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