|
Cover
Table of Contents
Editorial
- Families of the Disappeared Unite!
Cover Story
-They do not ask for Charity… They demand Justice!
Country Situations
New Hopes for Ending Impunity in China
And Disappearances Continue…
Four-Year Effort To Reveal Disappearances: A Reflection
An Individual Tragedy With Universal Pain
The Human Rights Commission in
Sri Lanka
Photos:
Forum and Leadership Training
Legal Analysis
The UN Negotiation on the Draft Treaty…
Political Analysis
Showdown in Baghdad
Features
Daddy’s Diary
News Features
The Nilo Valerio Foundation’s Coming Into Being
No Closure ‘till Justice is Achieved
The Formation of Indonesian Association…
Year-End Report
– A Summary
2002 Revisited
Literary
Warning
|
NEWS FEATURE
The Formation of
Indonesian Association of Families
of the Disappeared - IKOHI
By Mugiyanto 1
Background
The fall of Suharto military dictatorship has brought about the emergence of various peoples’ and human rights organizations voicing the existence of human rights violations in the past and demanding their solution by bringing the perpetrators to justice. Victims of these violations of human rights have also organized themselves to demand justice from the state. One of the organizations is the Indonesian Association of Families of the Disappeared or
IKOHI.
IKOHI was initiated on September 12, 1998, when a Camp of Concern was staged in front of the
KontraS office in Jakarta by the victims and relatives of victims of involuntary disappearances. It had the support of
KontraS and other human rights organizations. Since then, the activities of
IKOHI have been joined with the activities of KontraS, and is still limited to the organizing of the relatives of victims and campaigns. This is due to the many shortcomings such as the organizational structure, lack of qualified human resources, lack of material resources, and the distant locations of the members.
It is in this situation that the activities of IKOHI have always been integrated with
KontraS. The activities are meetings of the victims and relatives of victims, both locally and nationally. Other activities are campaign activities such as lobbying government institutions, rallies, demonstrations, seminars, workshops, and other cultural activities. Besides, along with
KontraS, IKOHI is also involved in various coalitions and alliances with other people’s organizations on issues related to the mandate.
Formation of IKOHI
In early 2002, the victims, relatives of victims of involuntary disappearances and
KontraS carried out a series of meetings to assess and evaluate the development of
IKOHI in the last few years. The meetings summed up some important points that point to the need and urgency for empowering and maximizing the functions and mandate of the victims and relatives of victims of involuntary disappearances. The important points are: the lack of active participation and involvement of the victims and relatives of victims in the struggles even for their own cause; the lack of skills and other capabilities of the victims and relatives of victims of involuntary disappearances; the fact that the NGOs that advocate the case of involuntary disappearances have a limited mandate for making programs that address the real needs of the victims; and the need to empower the victims to be socially, economically and politically independent.
IKOHI as an organization of the victims, is expected to be able to address the real problems they face in everyday life.
 In an effort to address these conditions and challenges, with the support of
KontraS and ELSAM (Institute for Research and Advocacy of the Society),
IKOHI carries out series of activities. These include a one day national seminar on disappearances: a two- day Founding Congress to discuss and formulate its By-laws, organizational structure, programs and other organizational requirements; rally to the Presidential Palace and the National Commission on Human Rights (KOMNAS HAM). The seminar speakers came from the Parliament, National Commission on Human Rights, surfaced victims, relatives of victims, and other prominent human rights activists. They discussed about the nature of disappearances in Indonesia, and possible solutions. Most sources are pessimistic about national mechanisms because of the weak law enforcement and judicial system. Instead they are hopeful in the existing international mechanisms such as the International Criminal Court. Mary Aileen Bacalso, Secretary-General of the Asian Federation Against Involuntary Disappearances (AFAD) discussed the concrete manifestations of the problem in other parts of the world and the efforts of the families of the disappeared to combat impunity. The rallies to the Presidential Palace and KOMNAS HAM were very effective in bringing the cases to the public attention because of a media presence. However,
IKOHI failed to meet President Megawati. The meeting with the KOMNAS HAM members also failed to bring any hope to the victims.
In the Founding Congress, IKOHI identified three priority programs. These are: (1) the empowerment of the social, economic, social and cultural life of the members as well as their mental and physical well being; (2) the formulation of a database and documentation, and (3) the campaign for the resolution of the cases. The resolution of the cases means the revelation of the truth, punishment of the perpetrators, reparation and rehabilitation of the victims and their families and the guarantee that such gross violations of human rights will never be repeated in the future.
These programs of IKOHI arise from the reality that until justice is achieved, reparation and rehabilitation are done, the victims will always be victimized. They will still be socially, economically, politically and culturally discriminated, isolated and marginalized. In such situation, the victims and relatives of victims can’t live a normal life, let alone to actively participate in the struggle against impunity. They have to be empowered. Furthermore, mass human rights organization of victims,
IKOHI absolutely needs to have valid and strong documentation of the cases, members, activities that will be used as means of campaigns and other empowerment programs. Other condition, is that the one important rationale of the
IKOHI programs the present regimes lack the political will to resolve past cases of human rights violations. The pressure of the civil society, especially the victims of human rights violations, is a must. Otherwise, the wall of impunity being maintained by the present military-heavy government will never be broken and the contrary pave way for another dictatorial regime to win.
Platform, Vision and Mission and Organizational Structure of IKOHI
The Founding Congress of IKOHI was able to approve the following platform, vision and mission. They are:
a. Platform: Organizing, strengthening and empowering the victims and relatives of victims of involuntary disappearance as well as a just solution of the cases.
b. Vision: Implementation of justice and solidarity for the victims and relatives of victims of human rights violations and the creation of a just and democratic society.
c. Mission:
-
Strengthening solidarity among the victims and relatives of victims of involuntary disappearances, as well as serving as instruments for the success of the struggle of the victims and relatives of victims in human rights promotion and national sovereignty.
-
Struggling for the solution of the cases of human rights violations, especially the cases of involuntary disappearances.
-
Enhancing the economic, social, political and cultural lives of the victims and relatives of victims thus empowering them.
-
Struggling for the attainment of a just and democratic society.
d. Organizational Structure of IKOHI (structure attached):
-
The Advisory Board is the consultative body of IKOHI. Its members are elected by the Congress. They are Munir (Imparsial: Indonesian Human Rights Watch), Asmara Nababan (former General Secretary of the Indonesian National Commission on Human Rights – KOMNAS
HAM), Karlina Leksono Supelli (Voice of Concern Mother - SIP), Firman Jaya Daeli (Parliament Members) and Mary Aileen D. Bacalso (General Secretary of
AFAD).
-
The Working Body (BP) is the national executive body of
IKOHI, whose members are elected by the Congress. They are Mugiyanto (Chair), Paian Siahaan (Treasurer), Ahmad Mujtaba (Head of Database Division), Aan Rusdianto (Head of Empowerment Division), and Agus Yohanes (Head of Campaign Division). The Working Body has two staff members who are in charge of organizational management and fund-raising.
-
The Regional Collective, which is in charge of organizing and managing the members in the regions. They are Zulkifli Ibrahim (Aceh), Azwar (Lampung), Irta (extended Jakarta), Diah Sujirah alias Sipon (Central Java), Raharjo Utomo (East Java) and Gayus Yomaki (Papua).
Future Challenges
Three regimes have come one after another after the fall of Suharto, but the human rights situation has not significantly improved. The Habibie administration only put perpetrators of disappearances, political kidnappings and abductions into the level of executors who are from the Special Military Unit (KOPASSUS) to military courts, while their commanders are safe and sound. Habibie’s replacement, Abdurrahman Wahid produced some bills and regulations, such as the Law on Human Rights No 39/1999, the Law on Human Rights Courts No 26/2000, and the formation of the Inquiry Commission of the Violation of Human Rights (KPP HAM) for some gross violations of human rights. However, he did nothing for the cases of involuntary disappearances, although he met the surfaced victims and the relatives of the disappeared accompanied by
KontraS, AFAD and the participants of the Asian –Latin American Lawyers Conference in November 2001.
At present, we have Megawati as the “President of the Poor”. In the beginning of her presidency, she promised to serve her supporters who are the poor, marginalized and victimized by the Suharto New Order regimes, like herself has been politically repressed. Now, she has been in power for more than one and a half years. She has done nothing to promote and protect human rights. In handling human rights violations in the past, the Megawati administration has been proven to have given justice only at the level of formality. Meaning that there are judicial processes, but they do not deliver justice. An example of this is the Human Rights Courts in East Timor. Thus far, of the many suspects in the Indonesian military brought to Human Rights Courts, only a few have been found guilty. Most have been freed.
In other cases, when groups in civil society sue the military officers who are now in government positions for human rights violations they committed in the past, the court always exonerates these military men. One example of this is the case filed by victims of the massacre in Lampung in 1989 against Hendropriyono, who is the Head of the State Intelligence Body (BIN). Similar to the case of East Timor, the government formed an Inquiry Commission for the Violation of Human Rights (KPP-HAM) in the case of Tanjung Priok that victimized hundreds of people in 1989. Those brought to the Human Rights Courts soon are only in the lower ranks of the military. The higher rank, commanders and policy makers cannot be touched by law. In short, the Megawati government has maintained impunity for the perpetrators of human rights violations.
Situation Worsens
 The human rights violations in the past have not yet been addressed. In early December 2002, an Acehnese student activist Musliadi was kidnapped from the secretariat office of his student organization by a group of people with weapons. He disappeared for 4 days and was then found dead. A year before, a popular figure of the Papuan people Theys Hiyo Eluay was taken from his car on his way home from the military headquarters. He was found dead two days later. While his driver Aristoteles, who is a key witness is still missing.
Now, initiated by the US, the world is declaring “a war against terrorism.” Indonesia is considered as a fertile land for the terrorist and is on the spot. The consequence is that the government has to concentrate its focus on combating terrorism. In order to legitimate this war, the Indonesian government has armed itself with Government Regulation for Combating Terrorism (PERPU Anti Terorisme), whose content is similar to national security acts in many other countries, thus limiting civil liberty and becoming repressive. The consequence is that the issue of human rights has to be set aside.
1 Mugiyanto, is the founding chairperson of
IKOHI. He himself became a victim of involuntary disappearance when he was kept in secret detention, during which he was physically and psychologically tortured immediately after the fall of Suharto in
1998.
VOICE April 2003
|