INDONESIA: Lack Of Justice and Reparations Strengthens Impunity and Encourages Recurring Violations

It is tragic that the circumstances of human rights abuse victims in Indonesia are totally different to that of the alleged perpetrators. The perpetrators have never been brought to court and are enjoying transitional democracy by establishing political parties and running for elections.

 FOR IMMEDIATE RELEASE

1. The Asian Legal Resource Center (ALRC) wishes to draw the attention of the UN Human Rights Council to the lack of justice and reparations for human rights abuse in Indonesia, which leads to the recurrence of such abuse. After political reform in 1998, the Government of Indonesia has adopted several key international human rights instruments, including the International Covenant on Civil and Political Rights, and the International Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment. Indonesia has also enacted Law No. 26 of 2000 on the Human Rights Court, and the Government Regulations (PP) No. 44 of 2008 on the Compensation, Restitution and Aid for Victims and Witnesses.

2. Nonetheless, justice for victims of gross human rights violations and their families remains elusive. None of the enacted legislation or signed conventions has resulted in serious investigations and prosecutions of those responsible, or in adequate compensation and redress for the victims. One key failing is the Attorney General’s refusal to investigate past abuses as recommended by the National Human Rights Commission.

3. Meanwhile, in 2015, the local parliament of Aceh Province promulgated a local law on truth and reconciliation. The local Truth and Reconciliation Commission (TRC) in Aceh, part of the 2005 peace accord between the Aceh Free Movement (GAM) and the Government of Indonesia, deals with the military operation that occurred between 1989 and 1998, and the military emergency of 2003. Unfortunately, the TRC is not supported by the central government, since the minister of interior is reluctant to approve the final TRC Bill. The 2005 peace accord also mandated the establishment of a local ad hoc human rights court to prosecute the responsible persons, which has yet to be done.

4. Unlike in Aceh, no TRC has been established in Papua and West Papua province, even though the law on special autonomy for Papua requires the same. In fact, the Government is prioritizing development and investment rather than addressing human rights violations... read more here

Source : http://alrc.asia/

Telius Y.