AFAD - Reclaiming Stolen Lives

Contents

FOREWORD

MUGIYANTO
CHAIRPERSON, AFAD

INTRODUCTION

MARY AILEEN DIEZ BACALSO
SECRETARY GENERAL, AFAD

COUNTRY SITUATION:

CHINA
INDIA (JAMMU AND KASHMIR)
INDONESIA
NEPAL
PAKISTAN
PHILIPPINES
SRI LANKA
THAILAND

MUNIR’S CASE

AFAD’S RESPONSE

FEDEFAM’S LETTER

STATISTICS ON ENFORCED DISAPPEARANCE IN ASIA:

CHINA
INDIA (JAMMU AND KASHMIR)
INDONESIA
NEPAL
PAKISTAN
PHILIPPINES
SRI LANKA
THAILAND

EPILOGUE

AFAD’S THEME SONG, DESAPARECIDOS

INDEX

BOOK WRITERS

Reclaiming Stolen Lives
Munir's Case

DELAYED JUSTICE: FINDING MUNIR’S MURDERERS A
ND THE INDONESIAN STRUGGLE FOR HUMAN RIGHTS

By Chang Chiu *

Munir Said Thalib, a prominent Indonesian human rights activist, was mysteriously murdered on a flight from Jakarta to Amsterdam on 6 September 2004. His death opened up many questions about the workings of the Indonesian State Intelligence Agency (Badan Inteligen Negara or BIN). Nearly four (4) years after Munir’s death, although two individuals have been convicted for the crime, many questions remain regarding whether powerful Indonesian figures who have been implicated as possible masterminds in the plot will be brought to justice. An examination of Munir’s murder, the subsequent investigation and future progress of the prosecution of those responsible is instructive on the status of the Indonesian human rights community and the commitment of the Indonesian government in meeting its human rights responsibilities.

Munir’s Life and Work

Munir Said Thalib, affectionately known simply as ‘Munir’, is regarded as one of Indonesia’s most renowned human rights activists. Munir studied law at Brawijaya University in Malang, East Java Province. He began his human rights career in 1989 as a legal aid officer in the capital of East Java, Surabaya, where he eventually served as the Head of the Labor and Civil Rights epartment. One of Munir’s early prominent cases involved demanding accountability for the death of Marsinah, a young labor activist, in 1993. Munir’s position in this case necessitated confrontation for the first time in his career against the military Armed Forces of Indonesia (Tentara Nasional Indonesia or TNI), which was then dominant in labor politics and responsible for killing Marsinah. The military command in Surabaya abducted and intimidated Munir in an attempt to punish him for his work. Despite the military’s pressure, Marisinah’s case was brought to the attention of the United Nations Commission on Human Rights (UNCHR).1 Munir rose rapidly in the ranks of the human rights field and soon became director of the Semarang Legal Aid Office in Central Java. Later he moved to Jakarta to serve as Chief of Field Operations for the Indonesian Legal Aid Foundation in 1996.

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Munir regularly spoke out for justice in the face of intimidation from the government, security forces, and other powerful interest groups. He played an important advocacy role for victims of Tanjung Priok in 1984, Lampung in 1989, forced disappearances against activists in 1998, gross violations against human rights in East Timor in 1999, the conflict in Maluku in 1999, repression in Papua, and violence in Aceh related to military operations.

In particular, the forced disappearances against activists near the end of the Suharto regime in 1998, spurred Munir to found the human rights organization called The Commission for the Disappeared and the Victims of Violence (KontraS). In these cases of forced disappearances, Munir, together with KontraS, investigated a series of systematic abductions of democracy activists by the Army Special Forces (Kopasus) that occurred in the run up to the 1998 national elections. Former victims of these abductions who were released through the efforts of Munir and KontraS campaigned for the government and military to admit their involvement and to release all remaining detainees. Due to these efforts, Munir and KontraS successfully urged the military authorities to suspend a general who had risen to become the Commander of the Army Strategic Reserve. This was the first time in Indonesian history that a military leader had been punished for violating human rights. KontraS was undoubtedly instrumental in bringing rights abuses committed by Suharto and others to light. As Indonesia transitioned into the post-Suharto period, Munir worked with KontraS to confront the significant structural problems and corruption in the government.

Following the fall of the Suharto regime, Munir was appointed to a state-sponsored commission that investigated human rights abuses in East Timor in September 1999. The commission exposed crimes by the military-sponsored militias in East Timor during the country’s efforts for independence. State prosecutors refused to convict any of the military or police personnel named by the commission as having committed human rights abuses.2 However, Munir’s work on the commission was important for furthering the argument that the military’s activities should be detached from political issues.

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In the immediate years preceding his death, Munir focused his energies on Imparsial - a watchdog human rights group he founded along with sixteen (16) friends in 2002. At Imparsial, he actively criticized policies on sensitive political issues, especially those pertaining to national security and defense. Munir also took on responsibilities in representing many human rights victims in cases before the Indonesian courts and campaigned on behalf of many ethnic minorities. In particular, Munir concentrated on legislation intended to regulate the role of the TNI and BIN. Regionally, Munir served at the time of his death as Chairperson of the Asian Federation Against Involuntary Disappearances, a coalition of Asian human rights non-governmental organizations (NGOs) dedicated to fighting against enforced disappearances.3

For his devotion to human rights, Munir received various accolades at home and abroad. Ummat, an Islamic magazine, named him Man of the Year in 1998. Asiaweek included him among its Young Leaders for the Millennium in 2000.4 Also in 2000, in perhaps his greatest international recognition, Munir won what some refer to as the “alternative Nobel Prize” - the Right Livelihood Award. The award committee cited Munir for “his courage and dedication in fighting for human rights and the civilian control of the military in Indonesia.”5

Perhaps more important than all of these accolades is how friends remember Munir. People have said that Munir gave the utmost consideration to the perspective of victims of human rights violations. He listened to all of their expressions of anger, sadness, and hopes for justice. Fellow activists and clients of Munir recall him as a human rights activist who was available at all times of the day for counseling and freely gave advice for those who needed his help. All of these friends and clients were shocked upon learning of Munir’s murder.

Notes:
1 Mugiyanto. (2004, October). “Munir: Struggling for Human Rights Until Death”.
The Voice, 4 (2), 9.

2 Rich Bowden. (2004 December 24). “An Activist’s Life, Indonesia - Who Killed Munir?” Retrieved from.
www.worldpress.org

3 Mugiyanto. (2004, October). “Munir: Struggling for Human Rights Until Death”. The Voice, 4 (2), 9.

4 Nur Mursidi. (2008, January 26). Jakarta Post.

5 The Right Livelihood Award. Retrieved from website at http://www.rightlivelihood.org
*The author of this article owes an immense debt to the white paper on Munir’s
death, “After One Year: A White Paper on the Investigation and Prosecution in the
Munir Murder Case,” released by Human Rights First on 7 September 2005 (Human
Rights First White Paper). Substantial portions of the Human Rights First White Paper
have been integrated into this article, in particular, the sections The Investigation,
Position of the Yudhoyono Government, and the Court Cases.

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