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JUSTICE, DEMOCRACY AND CONSTITUTIONALISM: JUSTICE, DEMOCRACY AND CONSTITUTIONALISM:

JUSTICE, DEMOCRACY AND CONSTITUTIONALISM: - PowerPoint Presentation

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JUSTICE, DEMOCRACY AND CONSTITUTIONALISM: - PPT Presentation

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

rights human amp justice human rights justice amp truth commission court 1998 victims 1965 national reconciliation law aceh 2000

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Slide1

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 InvestigationsSlide10
Slide11

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