INDONESIAS EXPERIENCES YUYUN WAHYUNINGRUM Senior Advisor on Human Rights amp ASEAN HRWG Indonesia wahyuningrumgmailcom Transitional Justice Framework Transitional Justice is a key element for democratic ID: 642909
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JUSTICE, DEMOCRACY AND CONSTITUTIONALISM: INDONESIA’S EXPERIENCES
YUYUN WAHYUNINGRUM, Senior Advisor on Human Rights & ASEAN, HRWG, Indonesiawahyuningrum@gmail.com Slide2
Transitional Justice Framework
Transitional Justice is a key element for democratic transitions.
Many societies in Southeast Asia have an authoritarian past (or present), as we
move
towards democracy (or move back to the more authoritarian ways) it is useful to look at these
rights:
Right to Truth
Right to Justice
Right to Repair (Remedy & Social Assistance to Victims)
Reform
Addressing Root Causes, Ensuring Non-RepetitionSlide3
Indonesia’s Path in Transitional Justice
PAST HUMAN RIGHTS ABUSESThe Killing in 1965-1966Timor-LesteTanjung
PriokAbepura (Papua)TSS (Trisakti, Semanggi I, Semanggi II)Wamena, Wasior
(Papua)
Riot Mei 1998
Talangsari
PETRUS (Mysterious Shooter)
Enforced Disappearances …Slide4
Four Phases of Reforms in Indonesia
Momentous Change (1998-2000)
Compromised Mechanisms (2001-2006)
Stalled Reform (2006-now)
Re-emergence of New Order forces
vs
Reformation II?Slide5
Key Changes in the Constitution, based on Justice and Truth
Human Rights Protection is Constitutional, Mechanism for human rights protection: National Human Rights
Commission & Human Rights Court (2000), Constitutional Court, Judicial Court, Anti-Corruption Commission,
Establish a National Commission for Truth and Reconciliation (to) uphold the truth by exposing the abuse of power and human rights violations of the past
Supremacy of the rule of law and human rights based on justice and truth- Just solution for Aceh, Papua, and Maluku …
Security Sector Reform
:
Separation
between military and police (2000):
Division
of labor between defense and security,
N
ew
laws related to
military,
and police (2004); banning military-owned businessesMilitary leaves the parliament (2001). Legal and political reformFair Election, Direct Election, Local DemocracyFreedom of Association, the Press, Opinion, Expression, InformationSlide6
Push-back! Compromised Mechanisms (2001-2006)
Eruption of new sectarian violence: Maluku, Poso, Kalimantan
Aceh (peace agreement 2005) – no guarantee of justice
Trials ‘intended to fail’
Annulled
Truth and Reconciliation Commission law
(2006
), which
blocking local truth in Papua and
AcehSlide7
Aceh’s Transitional Justice Process
The Helsinki MoU – establish HR Court & Truth & Reconciliation Commission
. The Law on the Governance of Aceh (LoGA) - two mechanisms should be established within one year after the law was passed
-- July 200
Despite problem with the National TRC,
t
he
elected Vice Governor, a former prisoner of conscience Mohamed Nazar
committed
to establish a commission in 2007.
However:Not a single new case has been prosecuted since the 2005 peace agreement
.The steps taken so far have mostly involved financial compensation, and have been aimed at the Acehnese population at large instead of individual victims of human rights abuses.There has yet to be a comprehensive reparation program
No other measures: formal
apology, and commemoration programs for victims. Slide8
Seeking for the Truth & Justice
Joint Fact-Finding Team on May 1998 violencePresidential Inquiry on Aceh (1999)National HR Commission Inquiries on incident related to 1965
, 1998, PETRUS (Mysterious Shooter)Women’s Commission
Reports on May Riot
CTF
&
Chega
! (Timor-Leste)
Fact-Finding Teams on
killing of
Theys
,
Poso, and MunirThree ad-hoc human rights courts Slide9
Cases under KOMNAS HAM’s InvestigationsSlide10Slide11
Judicial Mechanism: Law No 26/2000 (Crime Against Humanity & Genocide)
Komnas
HAM(Investigation)Attorney General Office (Penyidikan
)
3 cases were examined by the Court (Timor-
Timur
,
Tanjung
Priok
KOMNAS HAM completed 7 cases – No follow p from the Attorney General Office
Human Rights Court (permanent/ad hoc)
Ad hoc: Cases happened prior to the Law 26/2000, were dealt by Presidential Decree: Medan,
jakarta
, Surabaya
dan Makasar Slide12
Remedy
Recognized in laws on human rights court and protection for victims and witnesses
Court Decisions but no Compensation for victims
Breakthrough in Aceh:
Diyat
Local governments’ response
Palu
and Maluku/Buru Island
Victims become invisible, some of the poorest of the
poor
Human rights court: 100% acquittal rate
“Ping
pong
”
KOMNAS HAM & AGO: 7 casesMilitary and ’connection’ trials, but not transparentCorruption trials!A foray into justice : human rights trials established in 2000 now completely defunctReparations & Social Assistance for Victims
Justice for PerpetratorsSlide13
100% acquittal for serious crimesSlide14
The
killing fields of 1965
“We gathered together the youth, nationalists and religious groups. We gave them two or three days training
, then
sent them out to kill the communists
”
Military
Comm.
Sarwo
Edi
Indonesian
government, through the military and the police in concert with certain social and religious organizations, committed mass
crimes over 500,000 – 1 million people in 1965-1966.
They
were directed against alleged members of
the Indonesia Communist Party (PKI), and its allegedly affiliated sympathizers.The specific intent was to eliminate them as a national group within Indonesian society After more than 50 years, the government of Indonesia is still reluctant to acknowledge the facts and the crimes that were committed. Slide15
International People Tribunal 1965, The Hague, 10-13 Nov 2015
The IPT 1965 aims to establish the truth based on the facts about the violence. It seeks recognition, rehabilitation and justice for the victims, ultimately leading to reconciliation. Finding: systematic mass killings, enslavement, imprisonment, torture, sexual violence, persecution, enforced disappearances, persecution through propaganda and complicity of foreign countries, in particular by the United States of America, the United Kingdom and Australia. The international community was aware of the mass crimes but remained silent Slide16
Civil Society roles
Citizen Inquiry & Public HearingsDocumentation & Research
MemoralizationInternational People Tribunal (The Hague, November 2015)Media advocacyFamily Reunion
Campaign on
Civil Society “Year of Truth” 1965-
2005
Coalition
building of
50 human rights NGOs “Coalition for Justice and Truth” Slide17
Memoralization of May 13-15, 1998 Riots: Key Locations
Prasasti Jarum Mei 1998 (May 1998 Needle Monument), Komnas Perempuan office, Central Jakarta
Pondok Ranggon Cemetery, East Jakarta Cipto Mangunkusumo Hospital, Central JakartaShops in
Glodok
, West Jakarta
Former Plaza
Yogya
Klender, East Jakarta
Trisakti
University’s 12 Mei 1998 Monument and
Trisakti
Museum, West JakartaHotel Indonesia traffic circle, Central Jakarta
The House of Representatives building, Central JakartaThe Presidential Palace, Central Jakarta“13-14 Mei 1998” Building at Komunitas
Utan
Kayu, East JakartaSlide18
4 elements
for strengthening democracyImpunity for systematic crimes:
- Re-emergence of human rights violators on political stage- Reproduction
of violence, corruption, religious conflict
and
natural
resource/land
grabbing
Lesson from Indonesia
Slide19
Indonesia’s Path to Transitional Justice?: Current Narratives
President’s Speech in commemorating International human rights day (on 9 December 2014): “Government remains committed to solve the past human rights cases in just manner through two ways: a) reconciliation, and b) ad-hoc human rights”State Speech, Joko
Widodo, 14 August 2015:“Government is serious in finding solution to solve the past human rights violation in wisest and dignified ways possible”NAWA CITA (9 NATIONAL GOALS) – Goal #4The process of resolving human rights violations requires national consensus
which is necessary to find common ground, especially related to the range of settlement and the approach used.
Settlement of human rights violations of the past
should be done in gradual manner.
There
is no single path in resolving the past, efforts
should be directed to use variety
of mechanisms, through a process of truth and
reconciliation and
legal mechanisms, including to use cultural approach, and independent reconciliation at the grassroots level.
Including in the approach the guarantee of non repetition and social transformation in the societyThe process should be implemented by credible, independent, and reflect fairness parties, or carried out by the Commission, or formed through a powerful mechanism to reach its goalSlide20
Thank you, Terima Kasih
E-mail: wahyuningrum@gmail.com