Mr Chairman,

 Over the past year, Indonesia has energetically pursued the reform process set in motion in 1998 by devising and implementing a wide range of measures in order to guarantee the realisation of the civil and political rights of all its citizens.  These efforts are focusing first and foremost on promoting dialogue and reconciliation with the active participation of the people, as well as addressing the question of impunity, which is largely a legacy of past administrations.  The improvements are visible in many fields, most notably with regard to the government-sponsored peace plans drawn up for the Moluccas and Central Sulawesi, and the setting up of the ad hoc court to try cases of gross human rights abuses perpetrated in East Timor. 

 The present government is indeed sincere in its desire to combat impunity and to bring to justice the perpetrators of abuses, whoever they may be, as well as to uphold the principle of equality before the law for all citizens.  A major step in this direction has been the establishment of a legal framework designed to facilitate the investigation and trial of gross violations of human rights.  Act 26/2000 on Human Rights Courts mandates the establishment of four Human Rights Courts, in Jakarta, Medan, Surabaya and Makassar.  Pursuant to law 96/2001, an ad hoc human rights court to try cases of gross violations of human rights which took place in East Timor in the period leading up to and immediately following the 1999 popular consultation, held its first hearing on 14 March 2002.  The previous day, President Megawati Soekarnoputri had signed government regulations Nos. 2/2002 and 3/2002, thereby ensuring the protection of witnesses and the compensation, restitution and rehabilitation of victims of human rights abuses respectively.

Mr Chairman,

 Although Indonesian legal institutions have witnessed a steady upgrading over the years in order to meet international standards, the judicial system still has much ground to cover before it can rival those of established democracies.  A five-year transfer of administrative and financial control over the judiciary from the Department of Justice to the Supreme Court is currently underway, while a review of the national legal system has been undertaken, with particular emphasis placed on the independence of judges.  In this regard, we hope that the imminent visit of Mr Dato' Param Cumaraswamy, Special Rapporteur on the independence of judges and lawyers, will benefit our national capacity building efforts in the field of human rights.

 On the issue of torture, Indonesia is a party to the Committee Against Torture (CAT) and the country's legislation specifically defines torture as a crime against humanity.  Legal provisions also exist on the classification of torture, as do guidelines concerning the sentencing of suspects alleged to have used force to secure a confession.  Three improvements in this field have included the revocation of the controversial Law on Subversion, the reviewing of the Law on Criminal Procedure and the drawing up of a new law on the Penal Code, which is in the process of completion and which will incorporate elements relating to torture.  Meanwhile, on the practical side, the Indonesian Government continues to facilitate routine prison visits by human rights monitors as well as by the International Committee of the Red Cross.

 Turning now to the topic of freedom of expression, the current government is pursuing the reforms begun in 1999 to ensure a free and vibrant media and has drafted five bills aimed at providing easier access to information for the public and at protecting consumers' rights, especially with regard to online media.  Moreover, an invitation was extended at the end of last year to Mr Abid Hussein, the Special Rapporteur on the right to freedom of opinion and expression, to visit Indonesia and we are hopeful that an agreement on the undertaking of his mission will soon be reached. 

Mr Chairman,

 The allegations of excessive use of force by Indonesian police officers made by Ms Asma Jahangir, Special Rapporteur, as contained in document E/CN.4/2002/74.  Despite the fact that demonstrations often described as "peaceful" are in fact nothing of the sort, a number of comprehensive improvements have nevertheless been made with regard to the handling of protests, most notably the present police policy of negotiating with demonstrators before resorting to physical action.  Security personnel across Indonesia have also followed an intensive training programme supported by the UNHCR and designed to integrate principles of human rights into police procedures and practices.  Moreover, in December last year, a new National Police bill was approved which, among others, renders the police subject to civil rather than to military law. 

 On the topic of religious intolerance, the Indonesian Government is pleased to note that the conflicts which had pitted the Muslim and Christian communities in the Moluccas and in Central Sulawesi against each other are today largely a phenomenon of the past.  Indeed, as detailed in a previous statement before this Commission, two separate peace deals sponsored by high-level government officials were recently signed in Malino in a bid to resolve the conflict in Central Sulawesi and in the Moluccas.  Today, life has largely returned to normal in both these area and plans are even underway to lift the civilian state of emergency imposed in the Maluku and North Maluku provinces over the last two years.

 To conclude, Mr Chairman, the Indonesian Government has recently adopted a wide range of measures designed to guarantee the realisation of the civil and political rights of all Indonesians through a number of reforms in the judicial and legal systems, as well as in the administration of justice.  Special emphasis has also been given to good governance, in tune with the wishes of the citizens, based on principles of transparency, honesty, and accountability.  Of course, Indonesia remains a country in transition and it will take time for the political pendulum to finally settle in the wake of the political and economic crises, but the will is there and, as the country enters 2002, the mood is one of cautious optimism.

 Thank you.