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Support in Setting Up an Ad Hoc Human Rights Court for the Past Human Rights Abuses in Indonesia

Person Submitting this Form:  

  • First Name: John Muhammad Rasuly
  • Last Name: Suaidy 
  • Email: [email protected]
  • Your Green Party: Partai Hijau Indonesia
  • Country which you are representing: Indonesia

Resolutions Title:

Support in Setting Up an Ad Hoc Human Rights Court for the Past Human Rights Abuses in Indonesia

Preamble:

  1. The government of Indonesia has an obligation to pursue justice and accountability by solving the past human rights violations and ensure that justice is done. Most of the cases had happened during Soeharto era and its turbulent transition, i.e: Mass Killings against communists and leftists (1965-1966), Extra-judicial executions against those perceived to be street criminals (Petrus, Penembakan Misterius or Mysterious Killings)  (1982-1985), Summary Executions against civilians  in Tanjung Priok (1984), Mass Killings against civilians  Talangsari, Lampung (1989), Enforced disappearances against pro-democracy activists (1997/1998), Racial violence and mass riot in May 1998 (13-14 May, 1998) and Students Shooting in Trisakti, Semanggi I dan II (1998-1999).  

  2. Recently, the Coordinating Ministry of Politics, Law and Security (Menkopolhukam) of the Republic of Indonesia has decided to deal with past human rights abuses mentioned above through non-judicial mechanism by the government sanctioned team called Dewan Kerukunan Nasional (National Council of Harmony).

Operative Text:

Greens will call on the Government of Indonesia to:

  1. Pursue justice and accountability by establishing an ad hoc human rights tribunal for past human rights abuses and bring perpetrators at all levels to justice.

  2. Set up a truth and reconciliation commission in regard to the fulfilment of the rights victims of past human rights to truth, justice, and redress/reparation.    

Background Text:

Victims of past human rights violations and abuses continued to demand justice, truth and reparation for crimes under international law which occurred under the rule of former President Suharto (1965-1998) and during the subsequent reformasi period. These included unlawful killings, rape and other crimes of sexual violence, enforced disappearances, and torture and other ill-treatment. No progress was reported on numerous cases of alleged gross violations of human rights that were submitted by the National Human Rights Commission (Komnas HAM) to the Attorney General’s office after a preliminary pro-justicia inquiry was conducted by the Commission.

Former President Yudhoyono failed to act on certain recommendations by Parliament from 2009: to bring to justice those involved in the enforced disappearance of 13 pro-democracy activists in 1997 and 1998, to conduct an immediate search for activists who had disappeared, and to provide rehabilitation and compensation to their families. In 2015, President Widodo in many occasions announced that the government would establish a non-judicial mechanism to resolve past human rights violations through a “reconciliation committee”. It was seen by human rights groups as a small but positive step following decades of impunity for past human rights violations and abuses that occurred during the rule of former President Suharto (1965-1998). However, victims and NGOs remained concerned that this process would prioritize reconciliation and undermine efforts at truth and justice.

In August 2015, the people of Aceh commemorated the 10th anniversary of the 2005 Helsinki Peace Agreement between the government and the armed pro-independence Free Aceh Movement. The agreement ended a 29-year conflict during which between 10,000 and 30,000 people were killed, many of them civilians. In November, the Aceh House of People’s Representatives appointed a team charged with appointing commissioners for the Aceh Truth and Reconciliation Commission, a body set up to examine abuses that occurred during the conflict. Some provisions in the by-law under which the Commission was created fell short of International law and standards. Its mandate was limited to genocide, crimes against humanity and war crimes and did not include other crimes under international law including torture, extrajudicial executions and enforced disappearances.

In September 2015 and 2016, more than 10 years after the murder of prominent human rights defender Munir Said Thalib, the authorities had failed to bring all the perpetrators to justice.

In addition, the government of Indonesia failed to implement recommendations made by the bilateral Indonesia-Timor-Leste Commission of Truth and Friendship, in particular to establish a commission for disappeared persons tasked with identifying the whereabouts of all children from Timor-Leste who were separated from their parents around the 1999 independence referendum.                                                                                                                                                     

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