Asian Federation Against Involuntary Disappearances

TABLE OF CONTENTS

EDITORIAL

COVER STORY

- Realizing A World Without Desaparecidos

COUNTRY SITUATIONS

- The Making of Nepal’s Anti-disappearance Law

- Disappearances & Fake Encounters

NEWS FEATURES

- Claimants 1081

- Tracing Patterns of Disappearances in Latin America

- For the Want of Peace & Justice

- Probing Deeper into Munir’s Death

- Out of the Shadows

- Reclaiming Stolen Lives

PHOTO ESSAY

INTERNATIONAL SOLIDARITY

- Growing Federation

- At the Heart of Buenos Aires

REPRINT

- Submissions to the Independent Group of Eminent Persons

STATEMENTS

- Exhuming Truth

- Joint Statement of Independent Observers for the GRP - NDF Peace Process

POEM

- Of The Vanished

Cover Story

Realizing A World Without Desaparecidos

By: Mary Aileen Diez-Bacalso

The struggle against enforced disappearances is certainly a responsibility not solely of the families of the disappeared. An issue of the larger society, the phenomenon of enforced disappearances should be a common concern of every person regardless of nationality, color, religious and political beliefs and affiliation.

For those who believe that life’s sanctity is being desecrated by enforced disappearances, they   must have the corresponding sense of moral obligation to contribute to the eradication of this crime against humanity from the face of the earth. What has been achieved so far in the adoption of the United Nations Convention for the Protection of All Persons from Enforced or Involuntary Disappearances has been realized not without the strength and solidarity of the global movement against enforced disappearances. Thus, the imperative of solidarity at all levels – a real solidarity based on mutual respect, honesty, transparency and equality.

If and when genuine tenets of solidarity are put into practice, then and only then can we contribute fully to the eventual attainment of a world without desaparecidos.

Honoring the Desaparecidos

August 31, 2007 – The families of the disappeared of the world commemorate the International Day of the Disappeared.   Initiated by the Latin American Federation of Associations of Relatives of Disappeared-Detainees (FEDEFAM), this form of tribute to the world’s desaparecidos is being adopted by organizations of families of the disappeared in many parts of the world.

Since its birth, the Asian Federation Against Involuntary Disappearances has been commemorating this occasion.   This year, AFAD, in cooperation with the Claimants 1081, HIVOS- The Netherlands, the Evangelischer Entwicklungsdienst (EED)-Germany and the Embassy of the Republic of France in Manila , deems it fit to pay tribute to the disappeared through a Concert, entitled “Presente!” Why “Presente?” Despite their physical absence, the desaparecidos remain present in the hearts and minds of their loved ones and of society. In many parts of Latin America, families of the disappeared fondly call their loved ones by their names and shout “ presente!” Their physical absence does not erase their spiritual presence in the hearts and minds of their loved ones. Despite the perpetrators’ desperate efforts to erase the desaparecidos from the face of the earth, the families of the victims insist not to forget the historical memory of those who shall never ever be forgotten.

A tribute to the world’s desaparecidos, the concert will offer music to those whose disappearance has deprived them of their universal human right to life. A loud call to the Philippine government and to the rest of the member-states of the United Nations to ratify the United Nations Convention on the Protection of All Persons from Enforced or Involuntary Disappearances, the music’s soul aims to penetrate and forever linger in the hearts and minds of the audience and in the spirit of the desaparecidos,. The concert is also a form of solidarity to the families of the disappeared who hope against hope that one day, truth will prevail and justice will emerge triumphant.

A few months earlier, AFAD, in cooperation with Claimants 1081 and the Embassy of the Republic of France in Manila commemorated the International Week of the Disappeared through a tree planting activity at the Bantayog ng Mga Bayani ( Monument of Heroes ) on June 1, 2007.    Representatives of AFAD member-organizations planted trees for the desaparecidos of their own country. Edita Burgos, mother of Jonas Burgos, a recently disappeared Filipino, planted a tree in honor of her disappeared son and many other desaparecidos in the Philippines. His Excellency French Ambassador Gerard Chesnel expressed his gratitude to AFAD for having associated his country to this event that emphasized the role of France for the adoption by the United Nations General Assembly of the International Convention for the Protection of All Persons from Enforced or Involuntary Disappearances on December 20, 2006.

These are among the forms of tribute which AFAD and its support groups pay to the desaparecidos so as never to forget the historical memory of those who should never be forgotten. Remembering their lives, refusing to forget the cause that they fought for and forever making them alive in our hearts are being done in many creative and concrete ways.

The international treaty against enforced disappearances - a concrete tribute to the disappeared

One concrete form of tribute to the disappeared is the struggle to achieve an international treaty protecting persons from enforced or involuntary disappearances. Its unanimous adoption by the United Nations General Assembly during its 82nd Plenary Meeting and the signatures of many governments were not given in a silver platter. It was made possible through the persevering struggle of the families of the disappeared in Latin America and later joined by families of the disappeared in Asia and in the rest of the world. Such a struggle was soared to greater heights through the support of like-minded organizations and individuals at the national, regional and international levels.

The year 2007 significantly marks the signing by 57 governments of the United Nations Convention for the Protection of All Persons from Enforced or Involuntary Disappearances on the 6 th of February 2007 in the French Ministry of Foreign Affairs in Paris, France . AFAD Chairperson Mugiyanto and AFAD Secretary-General Mary Aileen D. Bacalso were both officially invited by the French Government to witness the occasion. Such invitation was extended in recognition of AFAD’s contribution towards the lobbying efforts during the three-year process of drafting and negotiation in all sessions of the United Nations Inter-Sessional Working Group to Elaborate A Draft Legally-Binding Normative Instrument for the Protection of All Persons From Enforced or Involuntary Disappearances chaired by French Ambassador Bernard Kessedjian. Together with FEDEFAM and international NGOs, e.g. Amnesty International, International Committee of Jurists and Human Rights Watch, AFAD representatives savored the initial yet major fruit of their struggle. As of this writing, the number of signatories has reached 61. This hard-earned victory of the families of the disappeared world-wide is indeed a very precious gift to all the world’s desaparecidos and their families on the occasion of the International Day of the Disappeared.

A major victory was achieved. The Convention has been signed by 61 governments. Most of the work at the international level has been done. The Convention’s concrete value lies in its substance: the establishment of new rights, e.g. the right not to be subjected to enforced disappearances and the right to the truth. To be protected by an independent monitoring body, this Convention is especially necessary in Asia which, for many years, is deprived of human rights mechanisms for protection.

Prevention of the crime and even resolution of past cases, considering the continuing nature of an enforced disappearance will eventually eradicate this most cruel form of human rights violation forever. Thus, no better tribute can be given to the desaparecidos and their families than making the popular Latin American slogan ¡Nunca Mas! (Never Again) become a reality.

Responding to New Challenges Ahead

New challenges come at the national level, i.e. the campaign for more signatures and ratification. In the Asian region, which is AFAD’s scope of work, only four governments have signed, thus far. These governments include Japan, India, Mongolia, Azerbaijan. In a region which submitted huge numbers of cases to the United Nations Working Group on Enforced or Involuntary Disappearances, one can only guess why such a few Asian countries signed. A task and a challenge indeed, it is for the Asian Federation Against Involuntary Disappearances to campaign for more signatures and ratification by more Asian governments. Ratification by any government necessitates the enactment of a national law criminalizing enforced disappearances - a law which does not exist in any Asian country. The creation of a political environment wherein the right not to be subjected to enforced disappearances would be provided for in national legislations should, therefore, be an integral part of the campaign.

It is important that before moving on to new tasks and challenges, lessons of the past be drawn. What were the factors that contributed to the final adoption of the Convention for the Protection of All Persons from Enforced or Involuntary Disappearances?

First and foremost, FEDEFAM was and continues to be persistent in its initiative to dream and work for an international treaty that would concretize its slogan: ¡Nunca Mas! (Never Again!).

The cooperation of organizations of families of the disappeared in different continents and other international human rights organizations working on the issue was a major factor in making their unified and joint voices heard in the walls of the United Nations. The excellent combination of true-to-life experience of the families of the victims and the legal expertise of international NGOs represented during the three-year drafting and negotiation process had convinced governments of the imperative of an international treaty.

Concretely knocking on doors of governments, through their foreign affairs ministries and permanent missions in both Geneva and New York helped them understand the moral, political and practical value of the Convention to the families of the disappeared.

Striking a correct balance of lobbying work in the capitals and before the then United Nations Inter-Sessional Working Group to Elaborate a Draft Legally-Binding Normative Instrument for the Protection of All Persons from Enforced or Involuntary Disappearances in Geneva and other international avenues was an effective strategy because although government positions are crafted in Geneva, their substance is based on the instructions from the capitals.

The support of the media and civil society is indispensable indeed in convincing governments to support the Convention.

The above-mentioned points may not have the benefit of formal summing-up of efforts and are not comprehensive enough. These can certainly be further sharpened through internal evaluation of past efforts. Yet, these can initially serve as guide in moving on to the next stages of lobbying work, not only of AFAD but also of the rest of the organizations working on the issue of enforced disappearances.

An international coalition against enforced disappearances was initially formed immediately after the signing ceremony in Paris. First convened by the International Federation for Human Rights (FIDH), it was attended by FEDEFAM, AFAD, International Commission of Jurists, Centre for the Study of Violence and Reconciliation (CSVR) and Linking Solidarity.   It is initially working together in devising a joint plan of action. On this 4th session of the United Nations Human Rights Council (UN HRC), it will be formally launched in Geneva, Switzerland where the UN HRC Session will be held.

Such an international coalition must be complemented with unified and cohesive national coalitions whose members must work hand in hand in ensuring ratification and the enactment of enabling mechanisms to ensure implementation. These would serve as the principal actors in lobbying.

There are many creative ways of lobbying. Education in various forms both for internal and external purposes; capacity-building such as, among other things, development of experts on the topic; dissemination of information through the media, translation and popularization of written materials; actual meetings with heads of governments, their foreign ministries and other appropriate bodies…. These and innumerable others, if done in an organized way based on concrete analysis of the political attitudes of different governments, will go a long way towards further victories in ensuring that the rich substance of the Convention would fully serve its very purpose.

The Coalition for the International Criminal Court, which has been successful in its lobbying work for the treaty’s entry into force and its ratification by many governments, has much to share for the sustained lobbying for the ratification of the Convention against enforced disappearances. The Asian office of the Coalition for the International Criminal Court is already imparting its rich experiences with AFAD and in fact, has done a few joint lobbying activities together both for the ICC and for the UN Convention for the Protection of All Persons from Enforced or Involuntary Disappearances. There could be more partner-organizations which can also share their own experiences in lobbying for their own issues. Learning from both positive as well as negative experiences would surely contribute to the enrichment of this campaign and lobbying work.

The Struggle for Truth, Justice, Redress and the Recuperation of the Historical Memory of the Disappeared

In our human rights work, there is a wide array of avenues to realize truth, justice, redress and recuperation of the historical memory of the disappeared. The work to attain the much-desired international treaty against disappearances is an integral and major part of it. Our Latin American sisters and brothers have explored several avenues to reach the direction of attaining a world without desaparecidos. Other organizations from other continents also give their share in our common fight against oblivion and against impunity.

Searching for the disappeared using scientific and other means, submitting cases in courts, empowering the families of the disappeared through education, conscientization, rehabilitation, establishment of memorials and museums to honor the disappeared – these are but a few of the means to conscienticize, organize and mobilize as large number of peoples as possible in the struggle…

Relying on our wealth of experiences and imbibing and practicing solidarity in its real sense of the word shall surely make a dent in the process of intensifying the struggle for truth, justice, redress and the recuperation of the historical memory of the disappeared in the context of the post adoption of the international treaty protecting people from this crime against humanity.

Never Again!

Mary Aileen Diez - Bacalso is a Filipino but claims that her first name is Irish in origin. This perhaps manifests her highly cosmopolitan bent, having traveled to Europe, Africa, Latin America, North America and other parts of Asia in her continuing advocacy for truth, justice and redress for the disappeared. She is currently the Secretary-General of the Asian Federation Against Involuntary Disappearances (AFAD) and has been in the human rights movement since the early 1980s. She presently sits in as independent observer for the Peace Process between the Government of the Republic of the Philippines and the National Democratic Front (NDF).

VOICE August 2007