An Open Letter from the Asian Human Rights Commission to President of the Republic of Indonesia, Mr. Joko Widodo
Mr. Joko Widodo
President of the Republic of Indonesia
Jl. Veteran No. 16,
Jakarta Pusat,
INDONESIA
Tel: +62 21 3458 595
Fax: +62 21 3484 4759
E-mail: webmaster@setneg.go.id
Dear President Widodo:
INDONESIA: Reconciliation Task Force cannot replace Human Rights Court
The Asian Human Rights Commission (AHRC), a Hong Kong-based regional human rights organization, would like to request you to re-examine the plan to establish a Task Force on Reconciliation.
This Task Force cannot be established without the enactment of the Bill on the Truth and Reconciliation Commisison (TRC). The TRC Bill is still on the list of the National Legislative Program (PROLEGNAS). Furthermore, the AHRC has learned that the TRC Bill, prepared by the Minister of Law and Human Rights, has many weaknesses. These weaknesses have been detailed in AHRC’s April 14, 2015 letter to Mr. Yasonna Hamonangan Laoly, Minister of Law and Human Rights, and they need to be addressed.
Rather than establishing this Task Force, the AHRC requests you to direct attention to the drafting process of the Bill on TRC. This is critical as the Bill will complement Law No. 26 of 2000 on the Human Rights Court. As stated in Article 47 of Law No. 26, paragraph 1: “Resolution of gross violations of human rights occurring prior to the coming into force of this act may be undertaken by a Truth and Reconciliation Commission.”
As per the plan, the Task Force will comprise of representatives of the Attorney General Office (AGO), National Human Rights Institution (Komnas HAM), National Intelligence Agency (BIN), the Police, and the Indonesian Military (TNI). In light of this intended composition, an allegation has emerged that the Task Force is being established to bypass the Human Rights Court; the intention appears to be to replace punishment for violations with a reconciliation approach.
The allegation takes strength from the statement of Mr. H.M. Prasetyo, Chairperson of the Attorney General Office. He has stated: “Reconciliation is the best solution to settle [cases of rights violations that occurred in the past].” This statement is not in line with Law No. 26 of 2000 on the Human Rights Court; Article 21, paragraph 1, states, “Investigation of cases of gross violations of human rights shall be undertaken by the Attorney General.”
The AHRC has learned that the Task Force will be dealing with seven cases of past human rights abuses, namely: Wasior Wamena, 2001 and 2003; Mysterious shooting, 1981-1984; Massacre of 1965-1966; Enforced Disappearances of Student Activists, 1997-1998; May Riots, 13-15 May 1998; Trisakti and Semanggi, 1998; and Talangsari, 1989.
The AHRC wishes to express its concern. Involving institutions such as the Military, BIN, and also the Police in the reconciliation committee will traumatize victims and families of victims, due to involvement of those institutions in past human rights abuses.
The AHRC notes that the National Commission on Human Rights (Komnas HAM) has investigated these seven cases and that these cases had been submitted to the Attorney General between 2006 and 2008 for further investigation. Komnas HAM concluded that the seven cases fall within the criteria of crimes against humanity.
The Constitutional Court decision No. 18 / PUU-V / 2007 states that the Parliamentary recommendation on the establishment of the Ad Hoc Human Rights Court must be based on the results of the investigation by the National Human Rights Commission and the Attorney General. Therefore, the Attorney General must conduct the investigations, following up on the recommendations made by Komnas HAM.
Therefore, the AHRC believes that the Task Force on Reconciliation is the entry door for impunity and blanket amnesty for perpetrators. Mr. President, this initiative is clearly in violation of international human rights law and standard, Law No. 26 of 2000, and the Constitution of the Republic of Indonesia, 1945. We also note that the Task force is violating the your own pledge, NAWACITA, which aims to tackle past human right abuses properly.
Therefore, based upon the above problems, the AHRC requests you to ensure:
- The Attorney General’s Office investigates the seven cases of gross human rights violation, which had been investigated by the National Commission on Human Rights, namely: Wasior Wamena case, 2001 and 2003; Mysterious shooting case, 1981-1984; Massacre of 1965-1966 case; cases involving Enforced Disappearances of Student Activists, 1997-1998; May Riots case, 13-15 May 1998; Trisakti and Semanggi case, 1998; and Talangsari case, 1989.
- The National Commission on Human Rights must stop its involvement with the Reconciliation Task Force, because the Commission’s mandate is to conduct pro justitia investigation, not to compromise the case through the Task Force. Therefore, we urge the Commission to continue the pro justitia investigation in five cases where the incidents occurred during military operations in Aceh Province, recommended by the plenary meeting of the Commission last year. These five cases of past abuses are: Simpang KKA case, 1999; Rumoh Geudong case, 1989-1998; Jamboe Keupok case, 2003; Bumi Flora case, 2001; and the cases involving kidnapping and enforced dissapearances in Timang Gajah Bener Meriah in
- The Attorney General investigates the seven cases of past human rights abuses, and subsequently brings the cases to the Ad Hoc Human Rights Court, instead of avoiding the Human Rights Court.
- The Parliament, as a political oversight, in particular the Commission Three on Law and Human Rights, must ensure that the Attorney General continues to investigate the seven cases, and, furthermore, the Parliament, along with the government [President] have to finish the drafting process with respect to the Bill on Truth and Reconciliation Commission to complement the Human Rights Court.
Thank you for your consideration. We look forward to hearing back from you.
Yours sincerely,
Bijo Francis
Executive Director
Asian Human Rights Commission, Hong Kong
