The landmark in addressing the case of enforced disappearances has been made by Indonesia when in September 2009, the Indonesian Parliament (DPR) issued a recommendation to the Government, including to the President of the country related to the cases of disappearances of 23 pro-democracy activists that happened in 1997-1998, namely:

  • The establishment of Ad Hoc Human Rights Court;

  • The search of the 13 still disappeared activists;

  • The delivery of the rights to compensation and rehabilitation to the families of victims, and;

  • The ratification of the International Convention for the Protection of All Persons from Enforced Disappearances.

Almost 5 years after the recommendation, the International Coalition Against Enforced Disappearances (ICAED) was informed that the progress has been made only on the process of ratification, in which in June 2013, the Government submitted the Draft Law of the Ratification to be approved by the Parliament. However, the ratification is still pending due to rejection by at least two political parties in the Parliament on the ground that they still need more time to study thecontents of the draft law.[1] We urge the Indonesian Parliament, being the body that issued the recommendation to the Government, to be consistent by urgently continuing the process of adopting the Draft Law of Ratification without further delay.

The ICAED is concerned with the fact that other important points of the recommendation which relate to the rights of the victims to justice, truth and reparation have been being ignored. With the president’s term ending in September 2014, we urge President Susilo Bambang Yudhoyono to urgently implement other points in recommendation of the Parliament, namely the establishment of Ad Hoc Human Rights Court, the search of the 13 disappeared activists and the fulfillment of the rights to compensation and rehabilitation to the victims.

The implementation of the four points of recommendation by the Indonesian government is crucial particularly because of the fact that Indonesia is now in the process of holding a General Election in April 2014 (Parliamentarian Election) and July 2014 (Presidential Election), where those who are alleged as being implicated in the disappearances of pro-democracy activists in 1997-1998, according to the report of the National Human Rights Commission (KOMNAS HAM)[2] are contesting to be the Presidential candidates, namely General (Ret.) Wiranto and Lieutenant General (Ret.) Prabowo Subianto.

ICAED urges the Indonesian Parliament (DPR) to expedite the process of ratification of the International Convention for the Protection of All Persons from Enforced Disappearances that it recommended itself to ratify in 2009. The ratification of the Convention will provide legal protection of all peoples in Indonesia from enforced disappearances in the new government after the General Election in 2014. The ratification of the Convention and the implementation of all recommendations of the Parliament in 2009 will also be a good human rights legacy of the Yudoyono’s Government leaving the office September this year.

 

[1] See http://www.thejakartapost.com/news/2014/01/20/ensuring-no-one-disappears-again.html

[2] http://books.google.ch/books/about/Ringkasan_eksekutif_hasil_penyelidikan_T.html?id=HrDOMwEACAAJ&redir_esc=y

 

MARY AILEEN D. BACALSO
Focal Person
International Coalition Against Enforced Disappearances