PROGRAM AIMS TO IMPROVE LAW ENFORCEMENT

C O N F I D E N T I A L SECTION 01 OF 02 JAKARTA 001942 SIPDIS DEPT. FOR EAP, EAP/MTS, EAP/MLS, DRL, DRL/AWH, INL NSC FOR EPHU E.O. 12958: DECL: 10/21/2018 TAGS: PREL PGOV PHUM ID TT SUBJECT: PROGRAM AIMS TO IMPROVE LAW ENFORCEMENT PROFESSIONALISM REF: A. JAKARTA 1937 ¶B. JAKARTA 1041 ¶C. JAKARTA 619 Classified By: Pol/C Joseph L. Novak, reasons 1.4(b+d). ¶1. (C) SUMMARY: Indonesia's Human Rights Commission--an independent body--is working with law enforcement agencies on an ambitious program of training focused on improving professionalism. The training includes in-depth courses on ways to work effectively with local communities while protecting human rights and promoting accountability. ASEAN is involved in the program. An AmCit consultant working on this effort says he wants to investigate possible USG support (which would be in addition to long-standing USG efforts funded via INL). END SUMMARY. KEY COMMISSION DEVELOPS TRAINING PROGRAM ¶2. (C) The Indonesian government is committed to a series of initiatives aimed at providing human rights training to law enforcement institutions in cooperation with the national Human Rights Commission (Komnas HAM). This, according to David Cohen, Director of the Berkeley War Crimes Studies Center (WCSC) at the University of California. Cohen--a consultant on this effort--related that Komnas HAM initiatives include: --Regional training through the ASEAN Human Rights Working Group and its Human Rights Resource Center. Indonesia is hosting next year's course. --A five-year human rights training plan for judges, prosecutors, police and Komnas HAM personnel. --Joint Attorney General's Office (AGO) and Komnas HAM training to improve prosecution of past human rights violations. ¶3. (C) Cohen said Indonesia's Human Rights Commission has solid leadership and considerable expertise. He added that it is internationally respected and is considered one of the best in East Asia. This makes it an excellent choice to move forward with this training program. (Note: Komnas HAM is an independent body established in the mid-1990's and is empowered to investigate but not prosecute human rights abuses. Operating with a high degree of autonomy and led by noted human rights leaders, it has the power to present evidence and recommend the prosecution of cases.) REGIONAL TRAINING INVOLVING ASEAN ¶4. (SBU) In their recent meeting, Cohen reviewed with DepPol/C additional details concerning the training program. Cohen said the ASEAN training program is rotating among the four ASEAN member-states with human rights commissions. Thailand hosted the first "Summer Institute in International Humanitarian Law and Human Rights: Asia-Pacific Transitional Justice and Peace-Building" in May 2008. Co-sponsored by the WCSC and the East-West Center, the course was structured for young to mid-career human rights advocates--from humanitarian workers and lawyers to students and military personnel. The 2008 course accepted 30 participants worldwide. While participation is global in order to attract international expertise and networking, the focus is on the Asia-Pacific Region. Regional and international experts teach the courses. ¶5. (SBU) The second two-week course will be hosted by Komnas HAM in Jakarta in June 2009, possibly at the University of Indonesia. Taking advantage of Komnas HAM expertise, course topics will include: judicial mechanisms and truth commissions; peace building and conflict resolution; gross human rights violations; the role of national human rights JAKARTA 00001942 002 OF 002 commissions plus discussions of the ASEAN Charter. ¶6. (C) A second WCSC initiative involving Indonesia is a five-year agreement to do human rights training for judges, prosecutors, police and Komnas HAM personnel. The project is sponsored by the Indonesian Supreme Court, which is still looking for more funding. One of the funding sources is sponsoring training specifically for Aceh and Papua, to be done on location. This course is train-the-trainers, involving international and Indonesian experts. An examination of Trafficking in Persons issues would also be part of the program. Cohen also wants to send prosecutors and Komnas HAM lawyers together to the U.S. to learn how civil society and law enforcement cooperate in the U.S. TRYING TO IMPROVE INTER-DEPARTMENTAL COOPERATION ¶7. (C) Cohen also is planning to conduct joint training involving the Attorney General's Office's (AGO) Human Rights Directorate and Komnas HAM. The AGO and Komnas HAM do not work together well, according to Cohen. This course will seek to break down barriers and arrive at common ground. In 2006 training that Cohen did for judges, prosecutors and Komnas HAM, the AGO cited "bureaucratic excuses" for not accepting Komnas HAM cases. For the past several years, the AGO has refused to process some human rights case dossiers for such technical reasons. ¶8. (C) The AGO record in this area is not a positive one, in some ways. It has not begun investigation of four key cases referred by Komnas HAM, including the Suharto era Trisakti and Semanggi shootings, forced disappearances in 1997-1998, the May 1998 riots, and raids in 2001 and 2003 in Wamena and Wasior, Papua (Ref B). This, despite President Yudhoyono's call for all government institutions to cooperate in resolving past human rights cases (ref C). Komnas HAM continues to pursue these cases vigorously. In addition, Komnas HAM has initiated promising cooperation with the military in handling human rights violations (Ref B). POSSIBLE USG SUPPORT ¶9. (C) Cohen said he will investigate possible USG funding for some of the Komnas HAM human rights training activities reviewed above. These activities directly address some of the reform recommendations in the Indonesia/Timor-Leste Commission of Truth and Friendship (CTF) report, which Cohen helped draft (ref A). He was optimistic that bringing Komnas HAM together with law enforcement officials would break down long-standing institutional barriers and result in a more accountable system. We think the USG should carefully review how we can assist the effort. (Note: The USG via INL funding is already involved in a large-scale effort to improve law enforcement professionalism. This effort includes carefully targeted programs with the Indonesian National Police and with prosecutors and the judicial branch.) HUME