November 4, 2011
A Statement from The Commission for the
Disappeared and Victims of Violence (KontraS) and The Indonesian
Association of Families of the Disappeared (IKOHI) forwarded by the
Asian Human Rights Commission
INDONESIA: Abduction and enforced disappearance
victims status certificate; a state obligation to search for victims and
provide legal certainty "I cannot answer and confused when people ask
about the status of my child who was involuntary disappeared...." (Paian
Siahaan, Father of Ucok Munandar Siahaan)
Granting a Certificate of Status to Victims of
Abduction and Enforced Disappearance is a good move by Komnas HAM in the
absence of state accountability in the cases of the 1997-1998
kidnappings and enforced disappearances. This Certificate is needed by
families of victims which were presented to the National Human Rights
Commission as a state institution that has conducted a "Pro-justicia"
investigation of the 1997-1998 abductions and forced disappearances
case. The Certificate of Status for Victims of Enforced Disappearance is
needed due to uncertainty of the fate, condition and whereabouts of the
victims not only to assist the families of the victims who must bear the
psychological burden, but also to create legal uncertainty which affects
the unclear legal status of victims of enforced disappearances.
Meanwhile, the families of victims, both as individuals and as part of
social groups and citizens need certainty about the status of their
family members who were disappeared, in order to take care of errands
that are familial, civil and other related legal matters.
Granting a Certificate of Status for Victims of
Enforced Disappearance by the National Human Rights Commission is
expected not only to address the population administrative and civil
problem but must be a stepping stone for the government to immediately
conduct a search for victims who are still missing to ensure legal
certainty and rehabilitation for victims and their families. Government
efforts to search the remaining 13 victims that are still missing should
have been done before. Given that the existing law that is Act No. 26 of
2000 concerning Human Rights Court has mandated settlement of gross
violation of human rights, and the National Human Rights Commission has
already submitted the result of the pro-justicia inquiry to the Attorney
General's Office. Furthermore, the result has also been strengthened by
the four recommendations of the National Parliament (DPR RI).
Recommendation No. 2 for instance, stated that "…to recommend the
President and Government, and other related authorities to find out the
whereabouts of 13 disappeared persons who were the victims of the case
of 1997-1998 Disappearances".
As a follow up of the granting of the Certificate, we
urge the government:
1. To acknowledge the Certificate as an official
document for the families of the victims to deal with their familial,
civil, and other related legal matters;
2. To urge the President of Indonesia to follow up
the recommendation of the Parliament to find out the whereabouts of the
13 disappeared persons;
3. To initiate other measures in providing the legal
certainty and justice for the victims and their families;
Jakarta, 3 November 2011
Komisi untuk Orang Hilang dan Korban Tindak Kekerasan (KontraS)
Ikatan Keluarga Orang Hilang Indonesia (IKOHI)
---------------
About AHRC: The Asian Human Rights Commission is a
regional non-governmental organisation that monitors human rights in
Asia, documents violations and advocates for justice and institutional
reform to ensure the protection and promotion of these rights. The Hong
Kong-based group was founded in 1984.
