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