EDITORIAL

Amidst the Continuing Struggle for a World without Desaparecidos, Hope Springs Eternal

Justice for all desaparecidos! The struggle for truth and justice of victims and survivors Only 15 have recognized the competence of the UN Com- of enforced disappearances has been waged for decades. In mittee Against Enforced Disappearances, but out of the 15, individual cases, it started when a person was made to dis- Japan has a reservation on inter-State complaints. appear, but rarely ended even when the fate and where- There is, however, no useless pain. “No hay dolor inutil,” abouts of the disappeared have been clarified. In many as our sisters and brothers in Latin America stated in the situations, the struggle continues beyond the clarification of Founding Congress of FEDEFAM in San Jose, Costa Rica in the fate and whereabouts of the disappeared persons. The 1981. Despite the still bitter reality and worsening situation victims, as exemplified by those in Latin America, Africa, faced by our colleagues in Asia and in other continents, Europe and particularly in our region Asia, forge on with the some positive developments in the struggle for justice for struggle for justice, reparation, memory and guarantees for the victims of enforced disappearances are happening. The non-recurrence. Thai government has just provided reparation for the victims Many victims and survivors are at the forefront to convey of enforced disappearances in Southern Thailand. The Indo- a strong message that what they and their loved ones have nesian government is in the process of ratifying the Conven- experienced should never happen again. The message tion after signing it in 2010. The Timor-Leste government, comes with the imperative to construct a society with the through its Provedor (Human Rights Commission) is follo- moral and legal obligation not to tolerate enforced disap- wing up the recommendation of the Truth and Friendship pearances from ever happening again. In this vein, victims of Commission (CTF) by initiating the establishment of a joint enforced disappearances that occurred decades ago in Indo- Commission on Enforced Disappearances with Indonesia. nesia since the 1960s; in Bangladesh since the 1970s; in Moreover, the Philippine Senate is about to finally enact an the Philippines since the 1970s; in Sri Lanka since the late anti-enforced disappearance law, which if finally approved, 1980s; in Thailand since 1990s; in Nepal since 1980s and will be the first in Asia. in Timor-Leste since 1970s, are still struggling today. This In the Southeast Asian region, an ASEAN Intergovernmen- situation indicates a cycle of impunity which exists in the tal Commission on Human Rights (AICHR) was established in Asian region, thus causing the repetition of the crime. 2009 and it is now drafting an ASEAN Human Rights Decla- All United Nations (UN) Member-States are morally ration (AHRD) that is expected to be adopted this year. De- obliged, under the 1992 Declaration on the Protection of All spite criticisms that the AICHR is receiving from civil society Persons from Enforced or Involuntary Disappearance, whose on its performance and mandate on the protection of human spirit is for all UN Member States to combat and strongly rights as well as on the lack of transparency and participa- condemn enforced disappearances. However, in the 2011 tion of civil society in the drafting of the AHRD, the existence report, the UN Working Group on Enforced or Involuntary of this regional body and mechanism is something to count Disappearances (UN WGEID), whose mandate is taken from on. Civil society organizations, though, have to keep on push- the 1992 Declaration, stated that it received more than ing for this Commission, for the latter to be true to its reason 53,778 cases from more than 87 countries, 21 of which are for existence, i.e. not only human rights promotion, but also from Asia. protection and defense. Although it comes decades after the establishment of similar human rights mechanisms in With the global spread of the phenomenon of enforced Latin America, Europe and Africa, it is better late than never. disappearances, in 2006, the UN General Assembly The challenge is how to make full use of it to respond to the adopted without a vote a legally binding normative instru- human rights situation in Southeast Asia. ment for the protection against enforced disappearances, which is now the International Convention on the Protection In this dark night of the disappeared, hope springs of All Persons from Enforced Disappearance. 91 States have eternal amidst the continuing struggle for a world without signed it. However, as of today only 34 States have ratified desaparecidos. it, of which only 3 States are from Asia, the region that sub- MUGIYANTO mitted the highest number of cases to the UN WGEID. 3 ECHOES OF Justice by Gabriella Citroni* from GUATEMALA The Guatemalan 36-year internal conflict ended in 1996, leaving behind 250,000 people arbitrarily killed, around one million refugees and internally displaced people, and 45,000 victims of enforced disappearance.1 As ascertained by the two differ- traditional rituals and beliefs. Almost acted under the protection of the ent Truth Commissions subse- 30 years after massacres were com- army. Victims included children, quently set up, more than 626 mitted, relatives of victims continue women and the elderly. The mortal massacres were perpetrated dur- struggling to establish the truth and to remains of the victims of the mas- ing the conflict. Massacres hit in obtain justice. Moreover, they claim for sacre were mutilated and con- particular the Mayan population. In their right to know the fate and where- cealed in common graves. Survi- fact, the Commission for Historical abouts of their relatives and for the vors of the massacre were sub- Clarification declared that acts of mortal remains of their loved ones to jected to forced displacement and genocide were committed against be exhumed, identified and returned some were forcibly recruited in the Mayan communities. to them, so that they can bury them in army. To date, the great majority In general, during the internal accordance with their own beliefs. of mortal remains of those killed armed conflict, the State applied After decades where impunity pre- at Plan de Sánchez have not been the so-called “National Security vailed, in the first months of 2012, recovered, exhumed, identified Doctrine.” Within the framework of Guatemalan justice moved some first and returned to the next of kin. In this doctrine, military intervention significant steps in the right direction. some cases, this will most likely be increased to address subversion, a impossible as mortal remains are concept which included any person The Facts said to have been burned. Inhabi- or organization who represented tants of Plan de Sánchez pertain any type of opposition to the State The Plan de Sánchez Massacre to the Maya-achí community, for and was equated to the idea of On 18 July 1982, 256 members of which the burial of mortal remains “internal enemy.” In particular, the the indigenous community inhabiting and the whole grieving ceremony commission of massacres was part the village of Plan de Sánchez, in the vest a crucial significance. Over of a strategy known as “tierra ar- Rabinal District, were tortured, raped the past 30 years, survivors of the rasada” (scorched earth), aimed at and eventually massacred by approxi- massacre and relatives of victims eliminating persons or groups of mately 60 members of the Guatema- have been deprived of their basic persons identified as “enemies” or lan army and civil collaborators who right to bury and grieve for their more generically potential supporters of the guerrilla, and at spreading terror among the population. Massacres were therefore characterized by conducts directed at destroying, in whole or in part, entire ethnic groups. To do so, not only physical integrity was at- tacked, but crimes were com- mitted also with the specific intent to hit the cultural iden- tity of the Mayan population. In this sense, after the com- mission of massacres, often mortal remains were muti- lated and concealed, pre- cisely to impede the carrying out of burials according to

In honor of the massacre victims, a chapel is being erected in Rabinal, in the interior of Guatemala. Photo: ELIAS REGUEIRA

1 On the Guatemalan conflict and related impunity. See, among others, Citroni G., Guatemala: First Steps to End Impunity over 45,000 cases of Enforced Disappearances, in The Voice, Vol. 10, No. 1, March 2010, pp. 43-47. 4 loved ones according to their cus- prosecute and punish those respon- society submitted a complaint be- toms and beliefs. sible for the facts will be effective. fore the Inter-American system of The survivors could not de- As the Court has noted in other protection of human rights to chal- nounce the facts until 1992, when cases, it must also abstain from lenge this rampant impunity. they informed the authorities of the using figures such as amnesty and In this context, on 24 November location of the clandestine com- prescription, and the establishment 2011, the Inter-American Court of mon graves. All attempts to use of measures designed to exclude Human Rights issued a landmark domestic remedies failed. Given responsibility, or measures intended judgment8, whereby it declared Gua- that for over 15 years, none of to prevent criminal prosecution or temala responsible for the violation those responsible for these hei- suppress the effects of a convic- of the right to life and the prohibition nous crimes was judged and sanc- tion.”6 of torture with regard to the material tioned, survivors and relatives of When the Inter-American Court of victims of the massacre9; and the the victims represented by local Human Rights rendered its judgment right to a fair trial and judicial pro- NGOs decided to bring the case in 2004, almost 22 years after the tection as well as the right to hu- before the mechanisms of the Inter massacre was committed, none of mane treatment of the relatives of -American system of human rights those responsible had been judged the victims of the massacre. protection. and sanctioned for the crimes con- With regard to the survivor child In 2004, the Inter-American cerned. who was abducted and whose real Court of Human Rights delivered its Moreover, survivors of the massa- identity was altered by a soldier, the judgments4 on the case. The State cre and witnesses had been subjected Court declared that the State vio- admitted the international respon- to threats and harassment by State lated the rights of the family, the sibility of the Guatemalan authori- agents to prevent them from reporting right to a name, and the rights of the ties for the Plan de Sánchez mas- the massacre and to hamper their par- child. Among several other meas- sacre as well as for the violation of ticipation in domestic and interna- ures of reparation10, the Court or- Articles 1(1) (obligation to respect tional proceedings. dered Guatemala to: rights), 5(1) and 5(2) (right to hu- “use the necessary means, in man treatment), 8(1) (right to a fair The Dos Erres Massacre conformity with its domestic leg- trial), 11 (right to honor and dig- Between 6 and 8 December 1982, islation, to effectively direct the nity), 12(2) and 12(3) (freedom of 201 inhabitants7, including children investigations so as to identify, conscience and religion), 13(2) and and women, of the community known prosecute, and punish those re- 13(5) (freedom of thought and ex- as “Las Dos Erres” in the Petén Dis- sponsible for the crimes commit- pression), 16(1) (freedom of asso- trict, were massacred by members of a ted in Las Dos Erres, and remove ciation), 21(1) and 21(2) (right to special unit of the Guatemalan army, all obstacles, de facto and de private property), 24 (non discrimi- known as “kaibiles.” Almost 60 sol- jure, which maintain the case in nation) and 25 (right to judicial diers took part to this “operation.” impunity. Specifically, the State guarantees) of the American Con- Before being arbitrarily killed, victims must ensure that the investiga- vention on Human Rights. Among were tortured. In the case of women, tion covers the following criteria: many other measures of repara- many were subjected to rape or other a) considering the gravity of the tion5, the Court ordered the State forms of sexual violence. Moreover, facts, the State may not apply to: one of the members of the kaibiles amnesty laws nor argue prescrip- “conduct an effective investiga- abducted from the community a child tion, non-retroactivity of the tion into the facts of the Plan de who had survived the massacre, took criminal law, former adjudication, Sánchez massacre so as to iden- him to his place and registered him the non bis in idem principle, or tify, prosecute and punish the under a false identity, therefore mak- any other similar means of dis- perpetrators and masterminds. ing this child a victim of enforced dis- charging from liability, to excuse The victims must have full ac- appearance. Although some exhuma- itself from this obligation. Conse- cess and competence to act at tions have been carried out, the great quently, the State must continue all stages and in all bodies of majority of the relatives of the victims the criminal proceeding without these investigations, in accor- have not received the duly identified delay; dance with domestic law and the mortal remains of their loved ones to b) effectively investigate all facts provisions of the American Con- date. of the massacre, taking into ac- vention. The result of the pro- Although the massacre was com- count the systematic pattern of ceeding must be publicized so mitted in 1982, investigations began human rights violations existing that the Guatemalan society may and continued until 1994, and for at the time that the facts of the know the truth. The State must many years none of those responsible instant case took place, includ- guarantee that the domestic pro- for these heinous crimes was judged ing, apart from the murder of the ceedings to investigate, and sanctioned. inhabitants of the community, In 1996, associations from the civil other possible serious

2 Commission for Historical Clarification – CEH, whose final report Guatemala: Memory of Silence, was published in 1999. A second initiative to establish the truth on the crimes perpetrated during the conflict was launched by the Guatemalan Archbishop. See: Arzobispado de Guatemala, Oficina de Derechos Humanos, Guatemala: Nunca Más - Informe Proyecto Interdiocesano de Recuperación de la Memoria Histórica, Ciudad de Guatemala, 1998. 5

promptness, of the presence of both parties, motivation of a judgment, and right to defend oneself, so that it is not used as a mechanism to delay the process, and f) ensure that the different organs in the judicial system involved in the case have the human and material resources necessary to perform the tasks adequately, independently, and impartially, and that the indi- viduals who participate in the inves- tigation, including victims, wit- nesses, and justice agents have appropriate security guarantees.”11

It is noteworthy that when the case was dealt with by the Inter-American Court, out of the more than 60 sol- Inside the chapel are names of the victims of the Plan de Sanchez massacre with the diers who had participated to the mas- slogan: Never Again! Photo: ELIAS REGUEIRA sacre, only 20 had been identified, while only one person had been ar- infringements to humane treat- should provide all information re- rested but subsequently released. ment, particularly, the alleged acts quired and abstain from acts that of torture, in light of the differenti- imply an obstruction to the investi- Historic Judgments by Guatemalan ated impacts of the alleged vio- gation process; Courts lence against girls and women. d) initiate disciplinary, administra- The State must also eventually tive, or criminal actions, in confor- Five former Soldiers Convicted for the apply the punishments corre- mity with the domestic legislation, Dos Erres Massacre sponding to those facts, and exe- against the State authorities who On 2 August 2011, the first section cute the pending arrest warrants; may have thwarted or prevented an of the Tribunal de mayor riesgo unani- c) determine all alleged perpetra- adequate investigation of the facts, mously convicted four former mem- tors and masterminds of the mas- as well as those responsible for the bers of the kaibiles for the Dos Erres sacre, therefore it must conclude different procedural irregularities massacre (Daniel Martínez the criminal proceeding initiated and facts of harassment that have Hernández, Manuel Pop, Reyes Collin against them, and proceed to in- contributed to extending the impu- Gualip, and Carlos Carías) to 6,060 vestigate the alleged perpetrators nity of the massacre; years of imprisonment: 30 years for which have not been identified yet. e) adopt the measures necessary for each of the victims of the massacre. Due diligence in the investigation the appeal for legal protection to be On 12 March 2012, the tribunal pro- implies that all State authorities used effectively, in conformity with nounced an identical sentence are obligated to collaborate in the principles of concentration, against a fifth member of the kaibiles gathering evidence, therefore they (Pedro Pimentel Ríos).12

3 In its final report, the CEH concluded that in the context of the Guatemalan armed conflict, acts of genocide were committed against members of Maya-Ixil, Maya-Achí, Maya-K’iché, Maya-Chuj and Maya-Q’anjob’al peoples. See Final Report of the CEH, Guatemala: Memory of Silence, Guatemala, 1999, Tome III, pp. 316-318, 358, 375- 376, 393, 410, 416-423. At present, the head of State, José Efraín Ríos Montt is being tried under charges of genocide. Since January 2012 Ríos Montt is under house arrest. 4Inter-American Court of Human Rights (IACHR), Case Masacre de Plan de Sánchez v. Guatemala, judgment of 29 April 2004 (Merits), Ser. C No. 105; and judgment of 19 November 2004 (Reparations), Ser. C No. 116. The judgments are available (in English), at: http://www.corteidh.or.cr/docs/casos/articulos/seriec_105_ing.pdf; and http://www.corteidh.or.cr/docs/casos/articulos/seriec_116_ing.pdf 5The Inter-American Court of Human Rights ordered to Guatemala to: pay compensation to survivors and relatives of the victims aiming at covering pecuniary and non- pecuniary damage; establish a public ceremony where it could recognize its international responsibility for the massacre and issue an apology; take all necessary meas- ures to ensure the presence of the above mentioned persons to the ceremony, in which both Spanish and Maya Achí shall be used and appropriately broadcasted by the media; publicly honor the memory of the victims during the mentioned ceremony; translate into Maya Achí relevant abstracts of the judgments of the Court on the merits and on the reparations of the Plan de Sánchez case. The State shall provide the necessary resources to disseminate the texts within the whole area of “el Rabinal” as well as transmitting them to the relatives of the material victims of the massacre; publish, within a year, relevant abstracts of the judgments, in Spanish and in Maya Achí, both in the Official Bulletin of the State and in a national newspaper; take all necessary measures and allocate the appropriate resources to ameliorate and maintain the chapel where the survivors of the massacre commemorate the victims; ensure, through the use of its health institutions, free medical and psychological treatment (individual as well as collective) and assistance to the members of the community of Plan de Sánchez; provide adequate housing for the survivors of the massacre who are still living in Plan de Sánchez and who so wish; establish within the community of Plan de Sánchez and other indigenous communities of the area programmes in order to; a) study and spread the Maya Achí culture within the affected community through the Academia de Lenguas y Cultura Maya or similar institutions; b) maintain and improve the roads between the communities and the main village of the area (Rabinal); c) provide drinking water and a sewerage system to the communities; d) provide the personnel capable to ensure bilingual and multicultural teachings in the schools of the area; and e) create a Health Centre in the main village of Rabinal and train its personnel to give the medical and psychological assistance required by the members of the communities and, in particular, by the relatives of the victims of the Plan de Sánchez massacre.

6 Indeed, the sentence is highly These crimes are characterized by considered for over 30 years a safe- symbolic. In fact, according to their own specificity, which must be haven for criminals, responsible for Guatemalan law, a person can spend acknowledged and addressed massacres, systematic rape, torture in jail up to 50 years. Nevertheless, accordingly, to prevent similar and thousands of enforced disap- survivors of the massacre and atrocities from happening again. pearances. Survivors and relatives relatives of the victims celebrated the of the victims, in despair, com- landmark decisions, expressing One former soldier and four former menced to call Guatemala the particular appreciation because in members of a patrulla de auto- “country of eternal impunity.” their view, when counting the years of defensa (self-defence patrol) The judgments recently rendered imprisonment for each of the victims, convicted for the Plan de Sánchez by Guatemalan tribunals - that ironi- the sentence duly took into account Massacre cally were in fact issued in spring- the value of each and every single On 20 March 2012, one former time, send a powerful message. broken life, thus contributing to member of the Guatemalan army Even if this may require 30 years of restore the dignity of hundreds of (Lucas Tecú) and four former mem- waiting, justice and truth can tri- men, women and children. Moreover, bers of a self-defence patrol (Eusebio umph. Given the magnitude of the judges affirmed that the crimes Grave Galeano, Julián Acoj Morales, Guatemalan tragedy, these must be committed at Dos Erres amounted to Mario Acoj Morales, and Santos seen as mere first steps that, never- crimes against humanity, thus fully Rosales García) were convicted by the theless, certainly go in the right recognizing the existence of a First Section of the Tribunal de mayor direction. widespread attack against civilian riesgo to 7,710 years of imprison- These judgments speak to the population. ment for the Plan de Sánchez hearts of thousands of Guatema- The first four convicted people massacre. The sentence amounts to lans, telling them that no suffering is appealed the judgment, but on 2 30 years for every person subjected useless and that for those who com- April 2012 the First Criminal to arbitrary killing, even though, mitted past atrocities, the time has Chamber of Appeal upheld the according to Guatemalan law, a come to face justice and to pay. Cer- judgment of first instance. On 4 April person can serve up to a maximum of tainly, the message of these judg- 2012, also Pedro Pimentel Ríos filed 50 years in prison. Also in this case, ments goes beyond Guatemalan an appeal against the judgment the crimes committed at Plan de borders and their echoes of justice delivered on 12 March 2012. The Sánchez were recognized as crimes reach the entire world, encouraging appeal is currently pending. against humanity. relatives of victims of gross human It is to be expected that these first Besides delivering its sentence rights violations to continue their steps will be followed by others aim- with regard to the imprisonment of brave struggle. As, some day, they ing at punishing all those involved in those responsible, interestingly in this shall overcome. the commission of the massacre, as judgment, the court also ordered the well as the masterminds and Ministries of Education and Culture to accomplices. realize educational documentary films *Gabriella Citroni is a Professor of Interna- Indeed, it will be of the utmost to be used in schools throughout the tional Human Rights Law at the University of importance that future proceedings country in order to honor the memory Milano-Bicocca (Italy), International Legal Adviser of the Latin American Federation of and judgments encompass also other of the victims of the massacre and to Associations of Relatives of Disappeared- violations committed during the restore their dignity. Detainees and Senior Legal Adviser of the massacre, such as torture, violence NGO TRIAL (Swiss Association Against against women and children, as well Conclusions Impunity). as the enforced disappearance of a Guatemala, also known as the child survivor of the massacre and “country of eternal spring,” has been the concealment of his real identity.

6IACHR, Case Masacre de Plan de Sánchez, supra note 4, judgment on reparations, paras. 98 and 99. 7When the massacre was committed, Las Dos Erres was inhabited by 300/351 people. The massacre thus erased almost the entire population of this community. 8IACHR, Case Dos Erres Massacre v. Guatemala, judgment of 24 November 2011, Ser. C No. 211. Available (in English) at: http://www.corteidh.or.cr/docs/ casos/articulos/seriec_211_ing.pdf. 9It is noteworthy that when the case reached the Court, Guatemala partially acknowledged its international responsibility for the Dos Erres massacre. 10The payment of compensation aiming at covering pecuniary and non-pecuniary damage; the amendment of domestic legislation that in fact contributed to maintaining the case in impunity; the carrying out of the exhumation, identification, and delivery of the mortal remains of the people who died in the Dos Erres massacre to their relatives; the implementation of training courses on human rights for different State authorities; the publication on Guatemalan newspapers and the broadcasting on local radio channels of relevant excerpts of the judgment; the carrying out of a public ceremony whereby the highest authorities of the State publicly recognize the responsibility of the Dos Erres massacre; the building of a monument to restore the dignity and to remember the victims of the Dos Erres massacre; to provide relatives of the victims of the massacre with medical and psychological treatment; and to create a Web-page to facilitate the search and identification of the children subjected to enforced disappearance and appropriated during the conflict. 11IACHR, Case Dos Erres Massacre, supra note 8, para. 233. 12Pedro Pimentel Ríos had been detained in the United States of America that extradited him to Guatemala to face trial for the Dos Erres massacre.

7 Finding the Missing and Bringing Perpetrators of Enforced Disappearance to Justice by Wilma Tizon*

Deciding to embark on legal actions through the courts in 1999 was a move that others met with raised eyebrows, what with the common perception of the costly and snail-paced wheels of justice in the Philippines. Some even said that FIND was giving false hopes to the families of desaparecidos.

For the victims’ families however, apprehended and forcibly disap- Nueva Gracia, Trento, Agusan del hope springs eternal. Given the peared on the night of 14 October Sur. chance and backed up with the nec- 2000 in Sta. Maria, Trento, Agusan Executive Judge Dante Luz N. essary support, they would welcome del Sur. The young victims were sus- Viacrucis in a landmark decision each possible way to search for pected to be members of the New promulgated on 18 July 2008 con- their missing loved ones and seek People’s Army who in early October victed Billones as an accomplice to justice for them. For FIND it is one 2000 ambushed soldiers belonging the kidnapping and serious illegal of the many efforts, intensifying the to the 62nd Infantry Battalion of the detention of the six workers. The campaign to end the phenomenon Philippine army and killed its com- court sentenced Billones, for each of of involuntary disappearance, to manding officer, Colonel Velasco. the six victims, to the indeterminate demand that perpetrators be penal- The Petition for the Writ of Ha- penalty of 9-15 years of imprison- ized and that justice, including in- beas Corpus was withdrawn a year ment and to indemnify the heirs of demnification, be rendered to the later in favor of a criminal case of each of the six victims the sum of victims and their families. Kidnapping and Serious Illegal De- P50,000 as life indemnity and Thus in 1999, FIND decided to tention lodged on 29 November P50,000 as moral damages. The support the prosecution of perpetra- 2001 against Corporal Billones who period he spent under preventive tors of enforced disappearance was arrested and detained at the detention since 28 June 2001 shall whose remains the organization Patin-ay Provincial Jail in Agusan del be credited to the service of his sen- was able to exhume and whose Sur. The principal witness to this tence. Billones elevated the case to relatives were willing to file cases in case was a companion-friend of the the Court of Appeals in Cagayan de court. Since enforced or involuntary six victims who was able to escape Oro City that as of this writing has yet disappearance is not yet considered when the group was being herded to to decide on it. a crime under Philippine laws, the the camp. As to the other soldiers implicated cases had to be lodged as kidnap- Another witness, former Army by Sgt. Duyogan, the Court decision ping and serious illegal detention Sergeant Esequias Duyogan, offered says that “… there is now cause for and/or murder. to testify in favor of the petitioners. A the Department of Justice to start an former member of the 62nd Infantry inquiry into their criminal culpability.” The PICOP Six Battalion, he later became a rebuttal The Clerk of Court has officially On 13 November 2000, FIND witness. transmitted a copy of the judgment helped the families of six sub- According to Sgt. Duyogan, he to the Department of Justice (DOJ) contractual workers of the Paper witnessed the ordeal suffered by the and the Provincial Prosecutor of Industries Corporation of the Philip- victims. He took pity on their families Agusan del Sur for their information pines (PICOP) file a Petition for the and decided to testify in court. He and appropriate action. Writ of Habeas Corpus versus Lt. was able to describe how the sol- With no known action from the Col. Eutiquio Cabando and Corporal diers killed the victims by bashing DOJ, the families of the victims on Rodrigo Billiones who both be- their heads with iron pipes; dug 12 April 2010 decided to file before longed to the 62nd Infantry Battalion graves and buried the bodies at the the Office of the Provincial Prosecu- of the Philippine Army. back of the PX building; and three tor in Prosperidad, Agusan del Sur a The case was for Joseph Belar, days later loaded them on a Chevro- complaint for multiple murder Jovencio Lagare, Romualdo Orcullo, let service vehicle and burned them against the other soldiers implicated Diosdado Oliver, Artemio Ayala, Jr. at Rampid, Km. 57 in Barangay by Sgt. Duyogan in his testimony. and Arnold Dangkiasan who were

8 Some of the respondents to the thetic members of the Regional Mo- Deputy Regional Prosecutor Vicente case made various attempts to stop bile Group of a possible attempt on B. Abugho from the disposition of the this case from being filed in court. Sgt. Duyogan’s life. He was bailed multiple murder complaint. The case These include offering P200,000 per out and eventually secured. is now awaiting resolution. family of the victim and threatening FIND believes that the case filed the witness and his family. against witness Sgt. Duyogan and The Manalo Brothers The scheduled clarificatory hear- the timing of his arrest were efforts The case of the Manalo brothers ing called by Fiscal Vicente Abugho to prevent him from testifying on the is the most unique case ever on 20 December 2010 turned out to multiple murder case filed by the six encountered by FIND in its more be an attempt at an amicable settle- families. Atty. John Unay, legal coun- than two decades of continuous ment. When the families signified sel of Sgt. Duyogan and the PICOP 6 searching for the desaparecidos and their openness to the payment of families, suspected that fraud could seeking justice for them and their P200,000 per victim, the represen- have attended the issuance of the families. tatives of the accused negotiated arrest warrant on Duyogan. Farmers Reynaldo E. Manalo, 37 and lowered their offer to P75,000. It was noted that Sgt. Duyogan years old at the time of his The negotiations and the obviously never received any copy of a sub- disappearance, married with two planned arrest of Sgt. Duyogan after poena or complaint affidavit from children, and his brother, Raymond the said hearing angered the fami- the Office of the City Prosecutor in E. Manalo, then 23 years old, single, lies. Sgt. Duyogan was issued a war- Ormoc City. A motion for preliminary were abducted on 14 February 2006 rant by Judge Buaya of the Regional investigation filed by Atty. Unay was by elements under the control of the Trial Court in Ormoc City, Leyte, for even later granted by the same 24th Infantry Battalion of the violation of R.A. 9262 (Violation judge, implying that there was in- Philippine Army led by a certain Against Women and Children Act). deed no preliminary investigation Master Sergeant Rizal Hilario a.k.a. They resolved to pursue filing the undertaken. Rollie Castillo. Sergeant Hilario was case in court. With perceived and real threats to at that time the detachment head of The arrest of the key witness the life of Sgt. Duyogan and his fam- the 24th IB in Barangay Pinaod, San posed grave danger to his life as well ily, FIND together with the Philippine Ildefonso, Bulacan. They were taken as the future of the multiple murder Alliance of Human Rights Advocates from their respective homes in case. It has also threatened the per- (PAHRA) wrote an urgent appeal ad- Centro, Barangay Buhol na Mangga, sonal safety and security of Rose dressed to both the Commission on San Ildefonso, Bulacan. Deano, FIND worker in Northern Min- Human Rights (CHR) and the Depart- Having no information on the danao Chapter. ment of Justice (DOJ) requesting that whereabouts of Reynaldo and FIND immediately organized and the witness be assisted under the Raymond, the Manalo family, led a group composed of its mem- Witness Protection Program of these supported by FIND filed a petition for bers to follow the arresting team and agencies. The DOJ acted favorably the writ of habeas corpus on 12 May to strive to ensure that no foul play and swiftly on the request. In addi- 2006 before the Court of Appeals. would happen to Sgt. Duyogan since tion, they ordered the relief of The petition, CA-G.R. SP No. there was a warning from sympa- 94431, named the following as respondents: Master Sergeant Rollie Castillo, Major General Jovito Ester and Jesus Manalo. Photo: FIND Palparan as commander of the 7th Infantry Division, Lieutenant General Hermogenes Esperon in his capacity as the then Commanding General of the Philippine Army, being the Chief of Staff of the Armed Forces of the Philippines, and members of the Citizens’ Armed Forces Geographical Unit (CAFGU), Michael dela Cruz, Madning dela Cruz, Puti dela Cruz, Pula dela Cruz, Randy Mendoza and Rudy Mendoza.

9 Families of Jose Sumapad and the PICOP 6 victims, namely Joseph Belar, Jovencio Lagare, Romualdo Orcullo, Diosdado Oliver, Artemio Ayala, Jr. and Arnold Dangkiasan join in the two-day FIND summing-up conference and forum on the legal battles of the families of the disappeared. Photo: FIND

Oddly, the Manalo family reported The sixth and the last time the ordered them to release the said that on 21 July 2006 at about one Manalo brothers were brought home victims. o’clock in the morning, Reynaldo and was on November 8, the day of the Such decision was appealed to Raymond were shown to them by last hearing at the Court of Appeals. the Supreme Court both by the armed men wearing white shirt, fa- Ester, Jesus and Maria Leonora were respondents and petitioners. tigue pants and boots. Raymond was at the Court of Appeals to attend the In a twist of fate on the 13th of accompanied by armed escorts to hearing and were thus, unable to August, the Manalo brothers his parents, Ester and Jesus Manalo. see the two brothers. A relative in- escaped after 18 months of secret They were told that they would be formed them that Raymond and detention and managed to contact back in a week. Reynaldo were again brought to their friends and FIND. Conscious of the On the other hand, Maria Leon- homes. grave probable risks, FIND sought ora, Reynaldo’s wife, was fetched by In one of the “visits,” Reynaldo the help of other human rights armed men who escorted her to a had a chance to tell his wife that organizations. bus terminal. She saw Reynaldo in they were being held at Camp Tec- A medical examination was one of the two vehicles that were son. Hoping that Raymond and conducted on the two brothers. They parked there. She was instructed to Reynaldo would be freed on or be- revealed the harsh ordeal they go inside the vehicle where Reynaldo fore Christmas 2006 as promised to endured under the hands of their was and they were given a chance to them by the armed escorts, the Ma- captors. Severe acts of torture were talk briefly. nalo family did not entertain the idea inflicted on them especially within The family was of course happy to of visiting Camp Tecson. the first three months of their see that the brothers were still alive The New Year came and there detention. and apparently healthy although Ray- was no sign of the two brothers. FIND also brought the matter to mond showed difficulty walking. Ac- Thus, FIND organized a search team the attention of their legal counsel, cording to Ester and Jesus, the to Camp Tecson and invited other Atty. Ricardo Sunga of the Free Legal armed men warned them not to tell human rights organizations and indi- Assistance Group (FLAG). Conse- anyone about the incident. The fam- viduals to join the search. The visit quently, the appeal before the ily believed that the armed men were was conducted on 10 January 2007. Supreme Court was withdrawn on 23 from the military because of the tim- However, Camp Tecson authorities August 2007 in favor of the petition ing of their “visit,” their long firearms, denied having the two brothers in for prohibition, injunction, temporary their fatigue uniforms and the way their custody. Moreover, they ex- restraining order and legal and equi- they talked and acted. After about 30 plained that Camp Tecson is only table relief such as protective cus- minutes, the armed men left the used for training and that it has no tody orders, appointment of commis- place and again, took Reynaldo and detention facility. Nevertheless, the sioner, inspection and access orders Raymond with them. team gave them pictures of the two before the Supreme Court. The The July 21 incident of “showing” and appealed for their help in finding Supreme Court issued the Tempo- the two brothers to the Manalo fam- the missing brothers. rary Restraining Order (TRO) the ily was repeated. Each time the The Court of Appeals decided on following day, 24 August. brothers were presented to them, the case on 27 June 2007 and held With the promulgation by the the parents were told not to appear the CAFGU respondents liable for Supreme Court (SC) of the rule on in court hearings if they wish to see illegally detaining Raymond and the Writ of Amparo, the FLAG lawyers their sons alive again. Reynaldo Manalo and thereby filed on 24 October 2007

10 a MANIFESTION AND OMNIBUS MO- The Office of the Solicitor General he was known to be a skilled TION TO TREAT EXISTING PETITION AS appealed the decision on 5 Jan- pyrotechnician. AMPARO PETITION, TO ADMIT SUP- uary 2008 to the Supreme Court. On 13 October 2005 at around PORTING AFFIDAVITS AND TO GRANT In October 2008, the Supreme 8:30 pm, a group of soldiers in full INTERIM AND FINAL AMPARO RE- Court reaffirmed the CA decision. battle gear belonging to the 24th LIEFS. Infantry Battalion of the Philippine On 25 October 2007, the Supreme Tomas Paras Case Army came to their small hut and Court granted the Writ of Amparo and Tomas and Dorina Paras, both forcibly took Tomas. Dorina recalled required the respondents to file with former members of the Com- that on the day Tomas was abduct- the Court of Appeals (CA) a verified munist Party of the Philippines ed, at around 4:30 in the afternoon, written return within five (5) working (CPP), decided to apply for while they were burning charcoal a days from service of the writ. They re- amnesty in their desire to lead a short distance from their hut, she manded the petition to the CA and des- peaceful life for their children. heard the dogs barked. ignated the Division of Associate Jus- They formally surrendered to the She figured that strangers must tice Lucas P. Bersamin to conduct Civil Relations Group for National have come into their hut. This was summary hearings on the petition on 8 Capital Region of the Armed confirmed by their daughter who told November 2007 and to decide the Forces of the Philippines on 10 them that while they were out, petition in accordance with the Rule on December 1997, the 49th soldiers came looking for Tomas. the Writ of Amparo. anniversary of the adoption by the She also heard that the military After three summary hearings were United Nations of the Universal would be taking somebody from their conducted, a 30-page decision on the Declaration of Human Rights. area to show the residents of their case was promulgated on the 26th of It was not easy for the Paras serious campaign against December. The dispositive portion of family to adjust to a “normal” life. communist insurgents. Dorina the decision read: The promised economic assis- feared for Tomas’ safety and told tance from the government’s him to be careful. It was the last time Accordingly, the privilege of the writ Amnesty Program was not Dorina saw her husband and the of amparo is granted. The respon- sufficient. After their surrender, start of her seemingly endless dents Secretary of National De- they have settled with their five search. All search efforts yielded fense and AFP Chief of Staff are children in Barrio Site, Samal, nothing up to this date. hereby required: 1) to furnish to the Bataan and struggled to meet the petitioners and to this Court within family’s needs by producing The Case of Cousins Nicolas five days from notice of this deci- charcoal. They maintained a small Sanchez and Heherson Medina sion all official and unofficial re- hut where they rest for days after Cousins Nicolas Sanchez and ports of the investigation under- burning charcoal. Heherson Medina bade farewell to taken in connection with their case, Sometime in April 2005, they their respective families and except those already on file herein; learned from the 24th Infantry Bat- proceeded to a nearby rice field in 2) to confirm in writing the present talion of the Philippine Army in the Sitio Cabatuan, Barangay Bueno, places of official assignment of M/ Palili, Samal, Bataan Detachment Capas, Tarlac an hour past midnight Sgt. Hilario aka Rollie Castillo, and that they were still included in the on 18 September 2006 to catch Donald Caigas within five days from Army’s Order of Battle (OB). Dorina edible frogs for the next day’s meal. notice of this decision; 3) to cause suspected that it was a pressure Little did their families know it was to be produced to this Court all tactic to force her husband to ac- the last time they would see Nicolas medical reports, records and cept the Army’s offer for him to be and Heherson. charts, reports of any treatment part of their military operations as given or recommended and medicines pre- scribed, if any, to the petitioners, to include a list of medical and per- sonnel (military and civilian) who attended to them from February 14, 2006 until August 12, 2007 within five days from notice of this decision.

Photo: FIND Petitioners in the petitions for writs of amparo assisted by FIND. From left: Dorina Paras who filed the petition for her missing husband Tomas Paras, Jose and Cleofas Sanchez for missing son Nicolas Sanchez and nephew Heherson Medina, and Ester Manalo for escaped desaparecido brothers Raymond and Reynaldo Manalo. 11 Families of the disappeared at the two-day summing-up conference and forum on the legal battles of the families of the disappeared. Photo: FIND

According to relatives and 71st IB, PA and T/Sgt. Gil Q. for the immediate enactment of the witnesses, about 30 armed men in Villalobos, both of whom allegedly anti-enforced disappearance law camouflage uniforms believed to be have personal knowledge of the and the signing and ratification of soldiers belonging to the 71st Infantry whereabouts of Nicolas and the International Convention for the Battalion of the Philippine Army (IB, PA) Heherson. Protection of All Persons from En- took Nicolas and Heherson to a truck A petition for the Writ of Am- forced Disappearance. Doing so, and which witnesses identified as the same paro was filed before the Court of complemented by significant pro- truck they had seen at the compound Appeals on 27 December 2007. human rights reforms in the security of the 71st IB, PA in Hacienda Luisita in Several court hearings were held sector, would send a strong signal to Tarlac City. until 28 April 2008. perpetrators and the whole of soci- In December 2006 however, a A decision was rendered on ety that this government is indeed witness came forward giving hope to 17 September 2008, stating that determined in promoting, protecting the victims’ respective families to the Court could not find any link and fulfilling human rights and in locate the whereabouts of the two. The between respondent individual ending impunity. said witness claimed having personally military officers to the disappear- Finding the missing, the road to seen the two on 21 September 2006 ance of Nicolas and Heherson, justice for the desaparecidos and on board a military truck at the gate of nonetheless, they granted some the fight against impunity is indeed the Northern Luzon Command at Camp reliefs in the interest of human long, risky, demanding and arduous Servillano Aquino, San, Miguel, Tarlac rights and justice that included: based on FIND’s 12 years of assist- City. The witness claimed further a) inspection of Camp Servillano ing families seek justice through having seen them again on 24 Sep- Aquino in San Miguel, Tarlac City; court actions. Families, lawyers, hu- tember and 1 November at the camp any military camp of the 7th ID lo- man rights workers, witnesses and of the Bravo Company of the 71st IB, cated in Aqua Farm, Hacienda the local and international human PA located at the Aqua Farm inside the Luisita, Tarlac City; and b) thor- rights community must work to- Hacienda Luisita in Barangay Cut-Cut ough and impartial investigation gether closely. II, Tarlac City. They were allegedly for the appropriate investigation No matter how long the road to forced to clean and cook for the Bravo unit of the Philippine Army, 7th ID justice maybe, FIND and the families Company. in Fort Magsaysay and for them to of the victims remain steadfast in In response to the request made by immediately file charges against their resolve to attain it. This is their the families of both Nicolas Sanchez those found guilty. This decision contribution to break impunity and to and Heherson Medina, a search mis- was appealed by the respondents send a reverberating message to sion was organized by FIND and the to the Supreme Court. The Su- society and the whole world that Commission on Human Rights, Region preme Court favored the appeal. enforced disappearance must end, III. However, authorities of the said Challenges that human dignity and the right not camps denied having custody of the Until now, the big sad question to be disappeared must be two. This, despite signed affidavits by remains, will there ever be justice respected at all times. relatives and witnesses and the posi- for the victims and their families? tive identification by the latest witness FIND therefore appeals to the * Wilma Tizon is the Deputy Secretary of a certain 2Lt. Ali Sumangil as the Aquino government to pursue ef- General of the Families of Victims of Bravo Company Commander of the forts to stop this odious offense; Involuntary Disappearance (FIND).

12 The Journey to Self-Healing, Healing with Peers and Building Healing Communities Emilia P. Aquino, DMD*

Photo: KontraS and IKOHI AFAD’s Psycho-social Rehabilitation Program the inner modality for self-healing, is an essential that rehabilitation ofthe families of the disappeared lies of the disappeared, at least in countries where oftheFederati commitment marked the This resolve inclusion in the Federation’s programs the psycho-s August on 29 AFAD held Congress of The Second Victims Scars: A Sharing of Experiences of Asian Families of At the regional level, the “ of AFAD’s psycho-social activities in December 2004. enforceddisappearances even tion activitiesamongtheirbeneficiaries– families of IKOHI in Thailand, the Justice fo through IKOHI of ents Disappeared Persons (APDP); in Indonesia applied in Kashmir through the Association of the Par- level.Thiswas member-organizations atthenational the existing efforts hance being done by the AFAD level at the regional would undertaken en- bilitation On its conceptual stag T work for the struggle fo mending of the wounds of the families happen, the of us will realize that unle disappeared. Those two are connected, but I think all the need for caring and healing for the families of the justice for the families but al “Not to forget Counselling expert Fr. Juvenal Moraleda expressed: ances, who are the families of the disappeared. actors in the struggle ag ance and facilitates empowerment of the principal stand the psycho-social effe impunity but rather against attempts to further under- disappeared does not compromise the struggle Giving focus on the cal contexts. For them, knowing the enduring pain and profoundhistori- madeby more such has been edness repressive governments, thus the depth of the wound- systematically occurred in the context of politically For many families of the disappeared, their cases loss. how each reflecting wasone dealing with this dreadful nial, acceptance and hope in different magnitudes - to tell and share their stories of pain, anger, fear, de- sions. The inter- familial setting allowed the families rie developed after the carefully guided sharing ses- healing. Thisprocess wasreinforced by thecamarade- stocks by giftedness of their self- own discovering tion of the families from Mending Scars” contributed si The workshop with the theme, “Healing Wounds, peared. ing its presence further felt by families of the disap- erment of families of the disappeared and thus, mak- major effort to of the Federation facilitate the empow- h e

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c of Enforced Disappearances” e s s

the need to continue the struggle for , in Nepal through Advocacy Forum; and persona r justice will suffer.” ainst enforced disappear- the debilitating emotional e, the direction of the reha- r Peace Foundation (JPF). ss the inner healing and the Healing Wounds, Mending cts of enforced disappear- so remember to consider gnificantly to the libera- prior to the launching of the families of the was the first was the 14 component in the challenging pursuit for justice. pursuit for justice. the challenging in component its member-organizations are based. AFAD believes ocial rehabilitation for families disappeared. of the 2003 in Bangkok, Thailand officially approved the Thailand officiallyapproved inBangkok, 2003 and survivors of enforced disappearance, through disappearance, of enforced andsurvivors on to respond to the psycho-social needsoffami- tothepsycho-social on torespond P Members of the Disappeared) 2-4 May 2006 H conducted from 2005 – 2009: workshops which AFAD member-organizations had The following is a summary of the rehabilitation journey of healing, were discovered. steer fellow- victims of enforced disappearance to the to Federation, where capacitiesofsomeparticipants of the rehabilitation work and of direct the assistance up lifted results from of the assessment summing as “From Victims to Healers”. This was an apt title dubbedof the follow-up the segment, establishment resulted in the enrichment of the earlier concept and psycho-social rehabilitation initiatives from 2005-2006 The successful conduct of the first phase of the P N Disappeared Persons) 13–15 November 2006 T P 11–13 December 2006 S Heroes) 2005 T without justice, for ending impunity and for charting a future became more determined to which, families of the disappeared who participated emotional relief. Pain was recognized. During and after The regional workshop served as an occasion for disappeared had experienced is cathartic. common tragedies the other family members of the F to Healers” followed. Scars workshops, a second become co-healers from th Recognition of trainin T Disappearance or FIND) 24-27 October 2005 J 29-30 October 2006 a Nepal (Advocacy Forum) 17-19 Feb 2009 (Claimants 1081)Philippines June 2008 Kashmir, India (APDP) 28-29 December 2008 Indonesia ( Sri Lanka h h h r h h a r e e o i m e a a k i i

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(Association of Parents of of Parents (Association level called “From Victims c continue the struggle for a r s

The Working Group on Justice for Peace, Thailand, then a The program also recognizes the importance of empower- relatively new AFAD member-organization, underwent the ing families and survivors of enforced disappearances in the Healing Wounds, Mending Scars Process on 9-12 June fight against impunity and claim for collective justice. A corps 2007. of peer counsellors are expected to be developed in AFAD One important challenge seen in the conduct of these member–organizations in Indonesia, Nepal and India. activities is the need for sustainability at the national level in These groups shall be trained with basic skills in peer order to effect maximum impacts on the lives of the victims’ counselling. Knowledge gained shall be translated among families. This was identified during a regional summing up their peers in their respective communities. It is further envi- session of the first interventions conducted from 2004- sioned that peer counsellors will become agents in the con- 2007, dubbed, “Sharpening our Healing Capacities Towards tinuing journey to healing until such time that they would Empowerment” held in Bangkok, Thailand in December have expanded to other families and would be capable of 2007. The need for sustainability was sharply related with establishing healing communities in their own areas. Persua- sions to achieve justice will resound more loudly. With active listening as one of their strategies for healing, they can convince government authorities to listen to their cries for truth and justice.

Healing Families of the Disappeared IKOHI and KontraS in Jakarta, Indone- sia, successfully implemented the start of the project, Developing Healing Capaci- ties to Empower Women-Victims of En- forced Disappearances on 6-7 July 2011. Ten family members of the disappeared attended. Rini, a volunteer psychologist of IKOHI facilitated the two- day work- shop. She, along with the other families was happily going through the workshop Rini Kusnadi facilitates a psycho-social activity in Indonesia. Photo: AFAD FILE when one participant suddenly cried in- tensely during a sharing session. She lost the common resources constraint of the Federation as well her son for some days and later found him totally burned. as its member-organizations to sustain its work. After the incident, she was engulfed with a deep anger. All In 2011, the Women World Day of Prayer – German she wanted was to face her son’s perpetrators to show to Committee (WWDP) and the United Nations Voluntary Fund them her personal devastation. for Victims of Torture (UNVFVT) supported the continuity of In the same workshop, this mother affirmed the value of the psycho-social rehabilitation work in some countries the activity which, she said, had touched on her wounds where AFAD member-organizations are based, e.g. Nepal, again and also released hidden emotional burdens. India (particularly Kashmir), Indonesia. At this time, there is I was overwhelmingly touched watching how two partici- more application of the concept of victims as co-healers. It pants volunteered to comfort their peer outside the workshop follows the process by which one person is helped by room while the psychologist continued her lecture. The act of another with a similar experience. comforting a co-victim was a concrete manifestation that in- Familiarity among each other would therefore, provide deed, co-victims can themselves be transformed into healers. each of the family members participating in the program It was a situation that also made us realize that several psy- with an environment wherein self- expression would be cho-social rehabilitation sessions conducted are not neces- undaunted. Personal relaxation is in itself a precious sarily sufficient to carry out a serious psycho-social interven- comfort zone which will lay down the grounds for deeper tion for the families. understanding, active listening and a nurturing situation for The AFAD member-organization in Kashmir, India, the As- developing the capacity to heal them and heal other victims. sociation of Parents of Disappeared Persons (APDP) reported the following, “The APDP organized a two-day activity at- Developing Healing Capacities to Empower Women -Victims tended by 10 women families of victims (mothers, wives, of Enforced Disappearances and the Circle of Healing daughters) of enforced disappearances from different dis- Following the project, “From Victims to Healers,” AFAD tricts of Kashmir. One male victim who is also a member of launched another project entitled: Developing Healing Ca- the APDP participated in the workshop. The participants un- pacities to Empower Women-Victims of Enforced Disappear- derwent training on overcoming psycho-social problems ances and the Circle of Healing, funded by the Women through a psycho-social support system. At the helm of the World Day of Prayer (WWDP) and the United Nations Volun- project is a prominent psychologist in Kashmir, Dr. Muzaffar tary Fund for Victims of Torture ( UNVFVT) respectively. There Ahmad Khan, who has been engaged as the resource person is a specific focus on women being unwilling recipients of for the year-long program. In addition to the workshop partici- the hard consequences of the phenomenon of disappeared pants, APDP Coordinator and AFAD alternative Council Mem- persons. ber, Mr. Khurram Parvez and APDP focal person Mr. Parvaiz Matta were also present.”

15 APDP’s Psycho-social Rehabilitation workshop in Jammu and Kashmir. Photo: APDP

For the project in Kashmir, the sharing of experiences by But amidst this wound festering in the hearts of families some of the participants helped in understanding the problem of the disappeared caused by their loved ones’ disappear- of each participant-family member and in determining the ance, making lives of families and communities whole again corresponding coping and support system that will address the is not an impossible dream. needs of each of the participants. The series of workshops Hence, the psycho-social rehabilitation program must be were an integral part of the various coping strategies that continued in a manner that will strengthen their will to move intended to alleviate the emotional distress of the on, to restore the broken pieces of their lives, to facilitate participants. Further, the training and skills acquired by the the re-discovery of inner strengths, help rebuild confidence participants were intended to be utilized to counsel other and foster a high spirit of solidarity. family members of the disappeared. Freedom from pain and misery may not be absolutely Members in Nepal, The Advocacy Forum (AF) and Conflict attained but small steps, such as developing peer counsel- Victims Society for Justice (CVSJ) continued the rehabilitation lors to reach out to other families to collectively do the proc- program with the support from UNVFVT. The report of the two ess of collective healing can mitigate the effects of injustice AFAD member-organizations in Nepal states: “Initially the - a significant contribution to the attainment of a world free project called as “Circle of Healing” was a step to further heal from disappearances. the conflict victims' pangs of agony and sufferings. This project involved six members of the families from different *Emilia Aquino is the Administrative Officer of AFAD and formerly led districts of the country for them to be trained as peer the Federation’s Psycho-social Rehabilitation Program. A dentist by counsellors. The experiences and the feelings and the profession, she also works on health and human rights issues with difficulties shared among the group were really the Medical Action Group. heart-rending. It was very encouraging that the participants were fully open by revealing their difficulties, and that they were fully committed to counsel other victims with the knowledge and the zeal they obtained. The objective of the project was fully achieved as the participants pragmatically felt that the counselling was of their great need to heal themselves from within.” Enforced disappearance is a continuing crime. The families’ state of inner turmoil on whether to stop grieving or accept the loss is a continuing ordeal. The very nature of enforced disappear- ance where closure is almost always constantly absent until the fate and whereabouts of the dis- appeared persons are unknown makes it very dif- ficult for families of the disappeared to move on. Families of the disappeared in group discussions. Photo: APDP

16 Indonesian victims and their family submits campaign letters to the President's Advisory Council. Photo: KontraS

The Old Promise Not Yet Fulfilled by Mugiyanto* Indonesia at the UPR The human rights performance of Islamic Defenders Front (FPI). Re- The Promise at the HLS Indonesia was reviewed by the mem- garding this denial attitude of the On 28 February 2012, Foreign bers of the United Nations Human government as expressed by Minis- Minister Marty Natalegawa delivered Rights Council during the Universal ter Marty Natalegawa in the UPR a speech before the High-Level Seg- Periodic Review (UPR) session on 23 Session, the editorial of the English ment (HLS) of the Human Rights May 2012 at the United Nations daily newspaper, The Jakarta Post, Council of the United Nations. In this Office in Geneva, Switzerland. There dated 24 May 2012 very strongly put important segment, he said that In- were many important issues raised the title, “Lying for the Country.” (The donesia is committed to “the pursuit and questioned by the different Jakarta Post, 24/5/2012) of human rights and democracy,” States delegations to the Indonesian In relation to the performance of and that it is “a commitment that is delegation headed by the Minister of Indonesia during the UPR Session in total and absolute despite all the Foreign Affairs, Marty Natalegawa. May, AFAD member-organization challenges that are facing us.” Some of these issues included the from Indonesia, KontraS expressed In the same speech, Minister Na- following: religious intolerance, its disappointment in a press state- talegawa emphasized the impor- impunity and the worsening situation ment dated 23 May 2012: tance of developing a strong culture in West Papua. “… the second UPR Session was still of prevention. “A culture that pre- In response to the questions and filled with the same answers from vents abuses from being perpetrated recommendations raised by different the Government of Indonesia which in the first place…. A culture that is states delegates, Minister Marty were uttered during the first UPR nurtured through international Natalegawa was defensive, to say Session in 2008. This means that norms setting as well as homegrown the least. He said that freedom of there has been little change in the national processes…” religion is guaranteed in Indonesia, situation of human rights enforce- For this particular purpose of pre- despite the fact that harassment ment in Indonesia. Particularly not- vention, Minister Natalegawa said in and violent attacks against religious ing the number of dominant cases of the last part of the speech, “This minorities and other minority groups intolerance, impunity and violence year, we expect to make significant are ongoing and the government against human rights defenders progress in the ratification process action is nowhere to be found to (including the ones in Papua) are still of some important instruments. This prevent the violent acts of the unresolved to date…” progress includes the International hardliner Islamic groups such as the

17 Convention for the Protection of All The ratification of the Convention It was an initial, but essential step Persons from Enforced then has been a long time towards the eventual ratification. We Disappearance.” commitment of the Indonesian are happy that the 3rd National The seven-page statement was so government. Action Plan on Human Rights 2011- well formulated and well delivered in The ratification and implemen- 2014 also mentions that it will be good English that people could tation of the Convention has also ratified within the given period. hardly believe. Furthermore, the been one of the common calls by the With this, we are eager to be statement deserves appreciation for human rights community, particu- witnesses to the fulfilment of the it contains a strong commitment on larly victims’ groups in Indonesia promise of the Foreign Minister human rights of the Indonesian after the issuance of the recommen- Marty Natalegawa before the government. The most important dations of Parliament (DPR) to the prestigious international forum of point however is that this total and President in September 2009 on the the Human Rights Council of the absolute commitment should be cases of abduction and disappea- United Nations. translated into concrete actions. rances of pro-democracy activists in 1997-1998. One of the four recom- Comprehensive Approach mendations of the Parliament ex- The ratification of the Convention Ratification this Year plicitly says that it recommends the The promise to ratify the is not everything. But it is definitely government to ratify the Convention something to prove the seriousness International Convention for the for the purpose of preventing cases Protection of All Persons from of the government amidst its many from happening again. unfulfilled promises on human Enforced Disappearance (the Despite the victims’ disappoint- Convention) was not only expressed rights. It could function as an entry ment on the absence of follow up on point into the implementation of during the UPR and in the HLS in many human rights agenda, February 2012 at the United other bigger human rights including on the recommendations commitments. Nations. Back in March 2007, of the parliament, we gave our Hamid Awaluddin, the then Minister As a mechanism of prevention, appreciation when on 27 September ratification of the Convention is the of Law and Human Rights also made 2010, the government signed the the promise in the same High-Level least and a minimum form of com- Convention in a Treaty Event in the mitment. Is it not our common Segment of the UN Human Rights UN Office in New York. Council that Indonesia would sign it.

Albert Hasibuan, member or the President’s Advisory Council Photo: KontraS receives 1,257 campaign letters from the victims and the families of the disappeared.

families of the disappeared.

receives 1,257 campaign letters from the victims and the

Albert Hasibuan, member or the President’s Advisory Council Photo: KontraS

Council that Indonesia would sign it.

UN Office in New York.

Segment of the UN Human Rights

mitment. Is it not our common

Convention in a Treaty Event in the the promise in the same High-Level

least and a minimum form of com-

2010, the government signed the of Law and Human Rights also made

ratification of the Convention is the

appreciation when on 27 September

Hamid Awaluddin, the then Minister

As a mechanism of prevention,

of the parliament, we gave our

Nations. Back in March 2007,

commitments.

including on the recommendations

February 2012 at the United

other bigger human rights

many human rights agenda, during the UPR and in the HLS in

point into the implementation of

ment on the absence of follow up on

Convention) was not only expressed

rights. It could function as an entry

Despite the victims’ disappoint-

Enforced Disappearance (the

unfulfilled promises on human

from happening again.

Protection of All Persons from

of the government amidst its many

for the purpose of preventing cases

International Convention for the

something to prove the seriousness

government to ratify the Convention

The promise to ratify the

is not everything. But it is definitely

plicitly says that it recommends the

atification this Year R

The ratification of the Convention

mendations of the Parliament ex-

Comprehensive Approach

1997-1998. One of the four recom-

translated into concrete actions. rances of pro-democracy activists in

absolute commitment should be cases of abduction and disappea- United Nations.

point however is that this total and President in September 2009 on the the Human Rights Council of the

government. The most important dations of Parliament (DPR) to the prestigious international forum of

human rights of the Indonesian after the issuance of the recommen- Marty Natalegawa before the

it contains a strong commitment on larly victims’ groups in Indonesia promise of the Foreign Minister

statement deserves appreciation for human rights community, particu- witnesses to the fulfilment of the

hardly believe. Furthermore, the been one of the common calls by the With this, we are eager to be

good English that people could tation of the Convention has also ratified within the given period.

well formulated and well delivered in The ratification and implemen- 2014 also mentions that it will be

The seven-page statement was so government. Action Plan on Human Rights 2011-

Disappearance.” commitment of the Indonesian are happy that the 3rd National

Persons from Enforced then has been a long time towards the eventual ratification. We

Convention for the Protection of All The ratification of the Convention It was an initial, but essential step In front of the President’s palace. Tuti Koto (Mami Koto), a mother whose son disappeared during the 1997/1998 tragedy, reads her letter to the President and calls for justice for her son’s case.

Photo: KontraS

commitment in this transition to producing a new piece of legislation Ratifying the Convention for the democracy that there should be no or ratifying an international treaty. purpose of prevention will have its more gross human rights violations? Implementation is very important. perfection if followed by above In a context where the govern- There should also be corrective mentioned comprehensive ment does not want to “create measures which are based on past approach. Only then that the call for political noise” when asked to deal mistakes – an important point which non-repetition of the crime of with gross violations of human rights is an integral part of the Convention, enforced disappearance and other in the past, ratification of the i.e. the provision on the continuing violations of human rights, as put in Convention should find its smooth character of the crime of enforced the title of the reports of several way as it orients itself towards the disappearances. In the context of truth commissions such as “Nunca future. This has been indicated by transition from authoritarianism to Mas” in Argentina and Brazil and the fact that the government is done democracy, ensuring that abusive “Chega!” in Timor-Leste will have its with the drafting of the Academic practices of the government are not ultimate realization. Paper and Draft Law on the to be repeated is possible only if the Ratification so that people can public is informed of what went expect that very soon, all documents wrong in the past, that the most *Mugiyanto is the Chairperson of Ikatan for ratification be handed over to the responsible persons be held Keluarga Orang Hilang Indonesia (IKOHI) Parliament for adoption. accountable and the damages that and of the Asian Federation Against Involuntary Disappearances (AFAD). However, preventive measures the victims experienced be repaired can not be achieved solely by (Priscilla Hayner, 2011).

19 Defying Silence Sandya Eknelygoda’s Search for Truth and Justice by Candy Diez*

I met Sandya Eknelygoda one continuous assertion of Sandya did the mood. She bid me a cheerful farewell, scorching afternoon in Sri Lanka by OIC register Prageeth’s disappearance. which I returned with good wishes accident. Prior to our meeting, I have Before he disappeared in 2010, and hopes for more progress in the read and heard about the Prageeth was previously abducted on case of Prageeth. disappearance of her husband 27 August 2009. He was blindfolded Months after our meeting, I and chained by unidentified persons learned of Sandya’s predicament in Prageeth Eknelygoda from various under the command of a superior. He the domestic courts and the response news articles and found myself was released after the abductors con- from her recent engagement at the interested in the wife that led several firmed he was not the target person. United Nations Human Rights Council. inquiries to Sri Lankan authorities Meanwhile, Prageeth’s workplace On 19 May 2012, she participated and the international community in LankaeNews Website, was not spared in a side event in the 19th sessions of search for the truth behind her from threats. The office was searched by the United Nations Human Rights husband’s disappearance. a group of unidentified men on 28 Janu- Council. She narrated the circum- ary 2010. During the election period, the stances of her husband’s disappear- The meeting was quite unexpected. website was also blocked by authorities. ance and the insights of the families I found myself standing before a medium Sandya, with the several non- of the disappeared victims in a forum -built woman clad in a white sari. After government organizations, immediately entitled, “Rule of Law and Human exchanging smiles, we were introduced. launched efforts to locate Prageeth. How- Rights Violations in Sri Lanka: Fortunately, there was enough time for ever, more than two years after he was Perspectives from women, minorities both of us to get acquainted with each last seen, Prageeth still remains missing. and families of the disappeared.” other’s work and advocacy. The In our exchange, Sandya shared the Sandya faced snide remarks from conversation gradually progressed to the difficulties of leading the search for Pra- a man who was reportedly a staunch issue of her husband’s disappearance. geeth. The months following his disap- supporter of the Sri Lankan govern- Prageeth Eknelygoda is a journalist pearance, Sandya and her sons fre- ment delegation in Geneva. Mr. Doug- and a political cartoonist. He worked with quently received threatening calls, some las Wickramaratne reportedly told the Lanka News website. He wrote even accusing Prageeth of being a traitor Sandya, “You are coming to Geneva articles supporting the presidential to the country. with a smiling face. You are not a vic- candidate of the opposition party during Due to the need for the sustained tim.” Several Sri Lankan nationals the period leading to his disappearance. search and monitoring of interventions, also approached her with accusations He was on his way home on 24 Janu- Sandya lost her employment and strug- of being manipulated by funds of vari- ary 2010 when he called his driving com- gled economically, raising her sons while ous international organizations. panion and informed him that he would continuing her pursuit for truth. She ex- After returning to Sri Lanka, travel using a different transportation pressed the difficulties of being a human Sandya attended the Homogama heading toward Koswatte. His family had rights defender, a mother and a wife of a Magistrate’s Court’s (Colombo dis- not seen him. The following day, Sandya disappeared cartoonist. Despite such trict) hearing in connection with her and Prageeth’s driving partner attempted discouraging circumstances, Sandya plea filed before the High Court to to register the disappearance case at the believed in sustaining the search and the summon former Attorney General and Homogama police station. The Officer-in- advocacy to bring justice to Prageeth, current Advisor to the Cabinet of Min- Charge, however, refused to receive the other disappeared victims and prevent isters, Mr. Mohan Peiris. complaint in their station without a direc- the act of disappearance. Mr. Peiris stated on 9 November tive from a superior officer. Only after We parted in a surprisingly light 2011 to the UN Committee Against

Torture that Prageeth was not miss- commis- ing but has sought asylum abroad. sion, minis- Sandya and her two sons. Sandya’s plea to summon Mr. Peiris ters, parlia- intended to seek further evidence mentarians and information about the statement and other he issued before the Committee government Against Torture. authorities Based on reports, Sandya was are at- subjected to extensive intimidation tempts to by Deputy Solicitor General Shavin- bring them dra Fernando who represented the closer to the office of the Attorney General’s de- truth behind partment. Mr. Fernando probed a disappear- Sandya of her involvement during ance. the 19th session of the UN Human Accusa- Rights Council, asking specifically tions of hav- why the news of the disappearance ing finan- Photo: Sri Lanka Mirror of her husband reached the United cially-related motivations, being ma- Nations. Again, she was questioned nipulated by organizations, or in the disappeared for doing so, creates an about the details of her travel to Ge- case of Prageeth, being accused of impression that seeking justice is neva, names of organizations who hatching an elaborate plot for asy- wrong, that the issue of disappear- supported her travel and whether or lum and forcing the family to lie be- ances does not deserve domestic not she received any funds for her fore the entire country and the inter- and international attention and inter- participation. At one point, the que- national community, further trauma- vention. Such insinuations remain ries were suspiciously focusing on tizes the families. It inflicts pain, in- unacceptable with the families of the the time period wherein Sandya sults the memory and discredits the disappeared. waited until the following day to re- entire search for their missing. As we wrapped up the conversa- port her husband’s disappearance. During the period wherein the tion the day we met, I asked Sandya This particular inquiry is evidently re- incident of intimidation happened, what she thought of the silence and lated to Mr. Peiris’ statement that civilians including several human inaction of some Sri Lankan authori- Prageeth was living abroad.1 Sandya rights defenders have been disap- ties on inquiries about Prageeth. She immediately corrected the notion pearing in Sri Lanka. Most of them told me she was glad that she was saying that it was late night when were abducted using a white van. I able to ask unanswerable questions they became suspicious of Pra- thought of Sandya then and how she to the Sri Lankan government but geeth’s absence, but could not pro- was faring in terms of the harass- she firmly believes she will soon get ceed towards the police station for ment incident and her work. When results for her efforts. She wanted to lack of someone to accompany her. we had a chance to chat, she men- let them know that she wanted her Her son was still young at the time, tioned she was good and asserted husband back. and under such risky environment, that even under such risky situa- It was clear to me in that meeting Sandya opted for a safer course of tions, “I can neither stay at home, and all the incidences succeeding action. The complaint was filed im- take cover nor be silent. I cannot our exchange that all of Sandya’s mediately the following morning at give up the fight I’m fighting.” efforts are intended to bring her hus- 10:00 a.m. This is the reality of the life of the band back, to ensure that perpetra- The allegations thrown before families left behind. Many cannot tors will be held accountable for the Sandya brought forth the issue afford to stay silent and continue injustice done to Prageeth and for of the effects of disappearance to wondering what might have hap- the world to know that the wives, the families that are left behind. pened to their family members. Hu- mothers and families shall continue When a family is robbed of a bread- man rights bodies such as the to press forward and demand what winner, the wife or the mother often United Nations Working Group on was deprived of them - justice for bears the brunt of the economic Enforced or Involuntary Disappear- their disappeared. hardship that follows soon after a ances (UN WGEID) are often seen as disappearance. a welcome course for pressuring Families of the disappeared suf- states through case submissions *Candy Diez is the Research and fer an agonizing search for even the and urgent appeals for the disap- Documentation Officer of AFAD. She served smallest trace and evidence that will peared victims. as the Campaign Officer of the Philippine lead them closer to where their lost Insinuations that there was some- Alliance of Human Rights Advocates (PAHRA) and is currently studying for a Masteral loved ones are. Sandya and her sons thing wrong about engaging interna- degree on Asian Studies at the University of are not different. Each complaint, tional human rights bodies as well the Philippines (UP). each communication sent to a police as rebuking a family member of a station, secretary of a human rights

21 Prageeth Eknelygoda Cave Art of 21st century

“The Cave Art of 21st Century” exhibition is an effort by Prageeth Eknelygoda, to impress in a simpler but focused manner, his specific responses to some complex socio-political issues of our times. We present this exhibition to you in his absence, but the way he himself designed and named it.

He has expressed himself fully through this medium too, and there is nothing we can add to it.

Prageeth Eknelygoda Foundation

If we lose our voice, there will be no voice even to claim our voice.

At least there should be a FREEDOM to suffer.

22 The weak hates DEMOCRACY.

Media can be suppressed but not exterminated.

Your passionate dream can be the noose of the other.

23 Evading Justice An Outcry of Families of The Disappeared in Nepal by Rabindra Gautam* Nepal has reached the crescendo of political transition. With the official proclamation of Nepal as a republic, Nepalese people expected that it would be a milestone towards sustainable peace and a significant way forward to uphold human rights and rule of law. With the prognostication of New Nepal characterized by full protection of human rights and the administration of accountability, the general populace was at fever pitch with its expectations that all would catch acme. However, with the prevalence of impunity with its counter-effect on the criminal justice system and the administration of justice, the conflict victims have been devoid of access to justice.

Commitments to human rights norms and specific Nepal (Maoist) and the political catastrophe ensued steps such as investigating disappearances have been thereto left the country in fiasco. central to succeeding agreements, including the Compre- During those ten years, Nepal experienced the gross- hensive Peace Agreement (CPA). Lip service, however, est of human rights violations including disappearances has only become entrenched as a substitute for action. and extrajudicial killings. The reluctance, showed by the Concern for victims has been inconsistent. A single and main political parties in addressing the past human most tangible response and step taken by the govern- rights abuses, continues to impede the approach of con- ment to provide interim relief to families of those who flict victims' access to justice. died and were disappeared was lacking any solid policies Though the historic 12-point agreement was signed in and procedures. Yet, this has been weakened by political 2005 between the Maoist and the Seven Party Alliance manipulation and the lack of effective oversight of fund that apparently led to peaceful democratic movement to distribution. Comprehensive Peace Agreement (CPA) discounting the For relatives of the more than 1,300 still missing, dis- increasing martial aggrandizement of the then king, and tress, frustration and a sense of betrayal have grown. hope of getting justice to conflict victims increases, the Political parties have shown no interest in dealing with long-rooted culture of impunity has been reiteratively past crimes. They have exploited the lack of accountabil- denying respect and protection of the right to know the ity to avoid reining in the unlawful activities of their own truth, right to life, and to justice at all. It is evident that activists and to justify regular interference in the criminal the government bodies are indifferent to address the justice system. issues of victims of conflict who have been raising their The issue of involuntarily disappeared persons has voices from the beginning. Though the political leaders, featured considerably in the transitional justice initiatives especially the Maoist party, seem positive and promising in Nepal, which is being depressingly unrequited with the to address the woes and to provide justice to conflict ongoing political coldness. The debauched temperament victims, the mind-set in this regard is quite contrary. of the political leaders has yet kept victims of conflict in After the government and the Communist Party of the dark by making their voices not inhabited. A decade- Nepal (Maoist) signed the Comprehensive Peace Agree- long bloody conflict precipitated by the instigation of ment (CPA) in 2006, the document evidently speaks that armed insurrection in 1996 by the Communist Party of the status of the disappeared persons is made public

24 within 60 days. Following the CPA, announcement by the government and the Maoist party about enacting a piece of national legislation on en- forced disappearances was publicly promised, but it is yet to come into force, and is limited only in words. The bill on enforced disap- pearances to establish the Disappearance Commission is yet to be passed by the Sub-Committee. It has failed to mark its consistency with international standards. It has many lacunas, including the incomplete definition of the act of enforced disap- pearance, recruitment of the The families of the disappeared in Banke District demands for commissioners in regard to fair and politically non- information for their missing loved ones and prosecution of influential personality, statute of limitation, reparation, perpetrators. Photo: ADVOCACY FORUM penalty, and mostly its vague connection to the Bill of Truth and Reconciliation Commission (TRC) as regard to The rights of conflict victims have been systematically jurisdiction to prosecution and mutual correspondence denied, not because the country lacks laws or that its while collecting pieces of evidence and so on. A landmark system of justice is structurally weak to hold perpetrators decision issued by the Supreme Court of Nepal on en- into account, but because its institutions are tainted. forced disappearances is yet to be implemented. The de- Though many promises were made public by the politi- cisions of the court are being overlooked. The recommen- cians to address the problems facing the justice system, dations made by the National Human Rights Commission and unless systemic blockages and lacunas are tackled (NHRC), a Constitutional body, are deliberately under- head-on, such promises will remain unfulfilled. mined. Similarly, it is shameful that the recommendations Almost five years have passed since the formal end of made by the Human Rights Committee, Geneva, are also the conflict in Nepal, yet the scars of the conflict are yet disregarded. However, the family members and relatives to be mended and the wounds healed. The violent past of the disappeared persons have continuously been rais- remains unaddressed amid the delay in the establish- ing their voices and clamoring for justice. But all the ef- ment of the proposed transitional justice mechanisms forts made have been proved in vain. including TRC and Commission on Disappearances. The As a continuum to the culture of impunity and under- political instability, coupled with the possibility of detri- mining the pangs and sufferings of conflict victims, the mentally affecting the prospects of reconciliation in case government has been seeking favorable stair to grant of taking retroactive justice measures, is helping the amnesty to the alleged perpetrators of human rights vio- impunity to roll on, thereby hampering the victims to lations. The amnesty intends to include even those who seek justice for the harms they suffered. were implicated in the gravest of human rights violations Despite the widespread pioneering work of human including disappearance, killing, rape, and torture, to rights activists, Parliamentary attention to questions of which International Humanitarian Law and International justice often seems sporadic. The government of Nepal Human Rights Law strictly prohibit. and all other major political parties, in general, seem Disregarding the dozens of First Information Reports indifferent to the execution of the Bill on enforced disap- (FIRs) filed by the relatives of the victims, the govern- pearance. Every succeeding government built after the ment, especially of the Maoist-led government, is plan- CPA seems to be avert to pass the bill of Truth and Rec- ning and preparing to withdraw all of the complaints and onciliation Commission (TRC) and the bill of Disappear- the cases registered even at the court. The current Maoist ance Commission (DC). The government is always reluc- -led government, crushing the shame under the grandeur tant towards the demand of the conflict victims. The ma- of the position as the largest political party of Nepal, is jority of victims are from the underdog class of society preparing to grant amnesty to one of their Constituent who mostly fear to approach legal remedies against the Assembly members, who was convicted by the Supreme perpetrators due to the fear of reprisals. In response, Court of Nepal and was ordered to serve life imprison- organizations like Advocacy Forum have been actively ment. It is just one of the examples that are being dis- assisting and representing the victims to seek legal cussed at the moment. remedies since 2001.

25 The Supreme Court in June 2007 ordered the govern- The full clarification of all cases of those missing after ment of Nepal to form a high level commission of inquiry abduction or arrest must nevertheless remain a high into enforced disappearances as the robust pressure priority for the government, and for the Maoists. Families received from national and international communities. of the disappeared have the right to know the fate and Subsequently, the first draft of the bill was made public whereabouts of their loved ones and to see those in November 2008, but it fails to meet Nepal's human responsible held accountable. They should not be made rights obligations. to wait any longer. There were several drafts made with several amend- The 1996-2006 conflict in Nepal brought tragedy for ment proposals submitted by the national and interna- many families: over a thousand families still do not know tional human rights organizations and victims. The sub- what happened to the disappeared relatives. sequent draft bill came with some amendments, but the International humanitarian law (IHL) requires bill still has fundamental authorities to take all viable loopholes and did not meet measures to account for standards based on interna- people who go missing and to tional law relevant to the The country is non-exhaustively give families all the investigation and prosecu- information they have on their tion of enforced disappear- looking for sustained peace. fate and whereabouts. In ances. This was also re- parallel, IHL requires the flected in the jurisprudence However, the slowly deteriorating authorities to do all they can to of regional and international law and order situation due to the provide families with answers human rights bodies, inter- that will end the anguish of national declarations and state's failure to bring the uncertainty, so that they can treaties, as well as the juris- perpetrators into book has cast a begin mourning the loss of a prudence and practice of beloved husband, caring international and national blight on the aspirations of peace. father, loving son or daughter. criminal jurisdictions. Simi- The bill on Disappearance larly, there was much up- Commission still has gaps and roar vis-a-vis the statute of cannot be effective as per the limitation as the new revised bill also failed to regard demand of the victims’ families. After relentless "disappearance" as a continuous crime. However, the advocacy, lobbying and campaigning made nationwide by bill was passed by the Cabinet in October 2009. the civil society and victims’ families, the government The families of the disappeared often express with made some amendments in the Disappearance Bill. despair that the quest for justice for them is a mere hal- However, there has been no concrete progress in this lucination, as the politicians have repeatedly been ignor- connection. The delay is taking a heavy toll on the ing their voices and attempts to access to justice. They families of over 1,300 people who went missing. The seem tired and traumatized. On the marshy veneer and immediate priorities should be prosecutions of the most whirlwind of pervasive impunity, the families find them- serious crimes, including investigation of disappearances selves being drawn into it. and action to vet state and Maoist members. The political The country is non-exhaustively looking for sustained parties can never foresee durable peace without peace. However, the slowly deteriorating law and order providing justice to the conflict victims. It is a matter of situation due to the state's failure to bring the perpetra- life of their loved ones. tors into book, has cast a blight on the aspirations of Failure to address the systematic crimes committed peace. during Nepal's civil war is threatening the peace process. Similarly, the issue of criminalizing the act of disap- There has not been a single prosecution in civilian courts pearances has been a pivotal discussion. Nepal has not for any abuses. The cultures of impunity that enabled the officially ratified or accepted the 2006 UN Convention to crimes in the first place have remained intact, further acts of forcefully disappearing individuals. However, Ne- increasing public distrust and incentives to resort to pal’s national laws, and those international provisions violence. related to human rights, compel the government to en- sure that laws are made and implemented to prevent *Rabindra Gautam is the Documentation and Research Officer for acts of enforced disappearances by the state. Nepal’s Nepal, which is assigned by AFAD. He has been working with Advocacy Interim Constitution 2063 and the Comprehensive Peace Forum since 2008 in order to protect and promote human rights and to Accord both have emphasized on this. Both documents foresee his country without the acts of enforced disappearances. He is are committed to forming a high level investigation com- also a University Lecturer in English Literature and has carried out more than five researches in the critical issues of human rights,

mission to find out the truth about disappeared people. including disappearances.

including disappearances. mission to find out the truth about disappeared people.

more than five researches in the critical issues of human rights,

are committed to forming a high level investigation com-

also a University Lecturer in English Literature and has carried out

Accord both have emphasized on this. Both documents foresee his country without the acts of enforced disappearances. He is

Forum since 2008 in order to protect and promote human rights and to Interim Constitution 2063 and the Comprehensive Peace

Nepal, which is assigned by AFAD. He has been working with Advocacy acts of enforced disappearances by the state. Nepal’s

*Rabindra Gautam is the Documentation and Research Officer for sure that laws are made and implemented to prevent

related to human rights, compel the government to en-

violence. pal’s national laws, and those international provisions

acts of forcefully disappearing individuals. However, Ne- increasing public distrust and incentives to resort to

officially ratified or accepted the 2006 UN Convention to crimes in the first place have remained intact, further

pearances has been a pivotal discussion. Nepal has not for any abuses. The cultures of impunity that enabled the

Similarly, the issue of criminalizing the act of disap- There has not been a single prosecution in civilian courts

peace. during Nepal's civil war is threatening the peace process.

Failure to address the systematic crimes committed tors into book, has cast a blight on the aspirations of

life of their loved ones. situation due to the state's failure to bring the perpetra-

peace. However, the slowly deteriorating law and order providing justice to the conflict victims. It is a matter of

The country is non-exhaustively looking for sustained parties can never foresee durable peace without

selves being drawn into it. and action to vet state and Maoist members. The political

serious crimes, including investigation of disappearances whirlwind of pervasive impunity, the families find them-

immediate priorities should be prosecutions of the most seem tired and traumatized. On the marshy veneer and

families of over 1,300 people who went missing. The ing their voices and attempts to access to justice. They

connection. The delay is taking a heavy toll on the lucination, as the politicians have repeatedly been ignor-

However, there has been no concrete progress in this despair that the quest for justice for them is a mere hal-

made some amendments in the Disappearance Bill. The families of the disappeared often express with

bill was passed by the Cabinet in October 2009. the civil society and victims’ families, the government

advocacy, lobbying and campaigning made nationwide by "disappearance" as a continuous crime. However, the

demand of the victims’ families. After relentless limitation as the new revised bill also failed to regard

cannot be effective as per the roar vis-a-vis the statute of

Commission still has gaps and larly, there was much up-

The bill on Disappearance criminal jurisdictions. Simi-

father, loving son or daughter. blight on the aspirations of peace. international and national

beloved husband, caring prudence and practice of

perpetrators into book has cast a

begin mourning the loss of a treaties, as well as the juris-

uncertainty, so that they can national declarations and

state's failure to bring the

that will end the anguish of human rights bodies, inter-

law and order situation due to the provide families with answers of regional and international

authorities to do all they can to flected in the jurisprudence

However, the slowly deteriorating

parallel, IHL requires the ances. This was also re-

fate and whereabouts. In tion of enforced disappear-

looking for sustained peace.

information they have on their investigation and prosecu-

The country is non-exhaustively

give families all the tional law relevant to the

people who go missing and to standards based on interna-

measures to account for loopholes and did not meet

authorities to take all viable bill still has fundamental

International humanitarian law (IHL) requires sequent draft bill came with some amendments, but the

what happened to the disappeared relatives. tional human rights organizations and victims. The sub-

ment proposals submitted by the national and interna- many families: over a thousand families still do not know

There were several drafts made with several amend- The 1996-2006 conflict in Nepal brought tragedy for

to wait any longer. rights obligations.

responsible held accountable. They should not be made in November 2008, but it fails to meet Nepal's human

whereabouts of their loved ones and to see those Subsequently, the first draft of the bill was made public

of the disappeared have the right to know the fate and received from national and international communities.

priority for the government, and for the Maoists. Families into enforced disappearances as the robust pressure

abduction or arrest must nevertheless remain a high ment of Nepal to form a high level commission of inquiry

The full clarification of all cases of those missing after The Supreme Court in June 2007 ordered the govern- Bearing the Agony of Stories Untold remain largely underreported and undocumented. Despite harassment and intimidation, there are Butch and Cora Fortuna have been searching for their also families of the victims who refuse to give up in son, Daryl for more than two years since he had gone their search for truth and justice. They courageously missing along with fellow student, Jinky Garcia while do- speak out the truth and demand for justice. ing an academic research on the effects of coal fed power plant in the fisherfolk community of Masinloc, Zambales. Their son’s political involvement gives them every reason A Week of Disquiet and to suspect that the military is behind his and his friend’s disappearance. The two missing students of the state- Remembrance funded Polytechnic University of the Philippines now join An occasion where the families of the disappeared the long list of desaparecidos in the country, that includes can speak out, tell and retell their stories is the Inter- among many others, Atty. Hermon Lagman, Gerardo national Week of the Disappeared (IWD). Accompanied Faustino, Fr. Rudy Romano, Jonas Burgos, Sherlyn Cada- by human rights organizations and civil society groups, pan and Leo Velasco. They are not mere statistics of hu- families of the disappeared in many parts of the globe man rights violations but real stories of heroism and mar- gather together to pay tribute to their beloved desa- tyrdom in this continuing saga of enforced disappearance parecidos by remembering - their lives, works and in the Philippines that prides itself as a member of the sacrifices to make the world a better place for the United Nations Human Rights Council. generations of today and tomorrow. This worldwide Regrettably, under the administration of President Be- occasion has been annually observed every last week nigno Aquino lll, enforced disappearances continue to of May through various public events to gain public happen and are being committed under a climate of im- attention and response to the depressing plight of the punity which allows those responsible to freely walk away victims and their families. This tradition was started by from criminal liability and repeatedly perpetuate such a the Latin American Federation of Associations of condemnable act without fear of punishment. Relatives of Disappeared-Detainees (FEDEFAM) during In recent years until now, many States, especially its first Founding Congress in San Jose, Costa Rica in Asian governments, continue to use enforced disappear- 1981 so that the international community may notice ance as a convenient tool to counter terrorism, to fight of this horrendous practice of violently and forcibly against organized crime or to suppress legitimate civil disappearing people. Over the last three decades, this strife demanding for the right to exercise of people’s free- occasion has become a worldwide observance both as dom of expression or religion. Thousands of people are an expression of solidarity and a testimony to the truth reported in various international and national bodies of that enforced disappearance is not a phenomenon of inquiry to have been forcibly taken away by government the past; it is not only a Latin American problem, but it agents or by individuals or groups acting with the author- is also a global and continuing scourge against ity, support or acquiescence of the State but responsibility humanity. for this odious offense is not acknowledged. What makes In the Philippines, the Asian Federation Against it worse is that in cases of enforced disappearance, vic- Involuntary Disappearances (AFAD), the Families of tims are placed outside the protection of the law, making Victims of Involuntary Disappearance (FIND) and the them vulnerable to further violations. Most of the time, International Coalition Against Enforced Disappear- they are tortured, some are even killed - their bodies ances (ICAED) commemorated this occasion by thrown, or buried in unmarked graves or burned to de- holding a series of activities to inform the public of the stroy evidence. extent of this human rights violation and to reiterate More stories of disappearances have not reached pub- its call on the Philippine government to immediately lic knowledge. This is quite common as enforced disap- sign and ratify the International Convention for the pearance is coupled with the perpetrators’ silence, fear Protection of All Persons from Enforced Disappearance instilled on the victims’ families and the latter’s conse- and to enact the anti-enforced disappearance bill into quent mistrust in the authorities. As a result, many cases law without further delay.

International Week of the Disappeared 2012: Intensifying the Work Against Enforced Disappearances in the Philippines by Darwin Mendiola*

27 Seeking Justice. (L-R) Prof. Jeremy Sarkin, AFAD Secretary General Mary Aileen Bacalso and Gabriela Partylist Representative Luzviminda Ilagan. Photo: CANDY DIEZ

The AFAD, FIND and ICAED invited Mr. Jeremy met some family members of the victims in a Sarkin, Extraordinary Professor of the University of Consultative Dialogue on 29 May 2012 at the Sulo South Africa, former Chairperson-Rapporteur and Riviera Hotel in Quezon City. The family members incumbent member of the United Nations Working presented the disappearance cases of their loved Group on Enforced or Involuntary Disappearances (UN ones and related their enduring search for them WGEID) in his personal capacity to participate in these and for their efforts to seek the assistance of activities. The invitation was extended for Mr. Sarkin legislators and of Mr. Jeremy Sarkin in their quest to help convince the Philippine government of the for justice. imperative to institute legal measures to ensure state Those who presented their cases were Butch accountability and end impunity for human rights and Cora Fortuna, Erlinda Cadapan, Peachy Burgos violations. and Lorena Santos. The IWD commemoration coincided with the Just like the Fortunas, Erlinda Cadapan, mother Philippines undergoing the second Universal Periodic of disappeared University of the Philippines student Review (UPR) in Geneva, Switzerland in which the Sherlyn together with fellow student Karen Empeno issue of enforced disappearance was once again and local farmer Manuel Merino who were abducted raised by many States as one of the major human by the military on 26 June 2006 in Hagonoy, rights concerns that need utmost consideration and Bulacan, narrated how she and her family looked apt response from the Philippine government. To note, for her daughter in different military camps. She the Philippines went through the UPR in 2008 and recounted her failure to find Sherlyn and her experi- was scheduled for a second cycle in Geneva on 29 ence of being turned away by soldiers at gunpoint May 2012. when turning up at a military camp to look for her As a kick-off activity, the FIND-National Capital Re- daughter. As a result of her and her other gion organized an opening event, entitled, “Preserving colleagues’ consistent fight for justice, Ret. Maj. the Memory of the Disappeared” held on 28 May Gen. Jovito Palparan, former head of the army in 2012 at the Bantayog ng Mga Bayani (Heroes’ Central Luzon, was later charged with the abduction Monument), Quezon City. During which, children and and multiple murder case of the three activists. relatives of the disappeared symbolically released Palparan went into hiding after the Malolos Court balloons signifying their call for the immediate enact- issued a warrant of arrest in 2011. The authorities ment of an anti-enforced disappearance law and the fail to capture him. Philippines’ accession to the International Convention Ms. Peachy Burgos also shared the ordeal of her for the Protection of All Persons from Enforced family because of the disappearance of her brother, Disappearance. This was followed by a story-telling Jonas. It has been five long years since Jonas was session on the lives of the disappeared. abducted from a shopping mall in Quezon by Together with members of the House of Repre- unidentified armed men turned out to be members sentatives under the Makabayan Coalition, Mr. Sarkin of the military.

28

For five agonizing years, the Burgos family has been This activity was attended by various govern- searching for Jonas everywhere. They went to different ment agencies, foreign embassies and civil society military camps, visited morgues, dug graves to find his groups which served as a venue for a dialogue to whereabouts and to know the truth of what happened collectively find a solution to put an end to this to him. They have begged for help from the govern- horrible practice. ment but their pleas fell on deaf ears. Jonas’ family Keynote speaker, Professor Sarkin, in a power- and friends marched to the streets to protest against point presentation, explained why enforced disap- his disappearance. They went to court and used every pearance is considered one of the cruelest and available legal mechanism to bring Jonas back. In do- most dehumanizing of human rights violations. ing so, they experienced intimidation and harassment. According to him, it is a multiple and continuous The unfailing hope to see Jonas again gives them the violation of the basic human rights not only of the strength and courage to continue looking for him and direct victims but also of their families and the for all others who suffer the same fate. greater society. He added that it is the duty of the Ms. Lorena Santos whose father Leo Velasco and State to continue promoting and giving full effect mother Elizabeth Principe were abducted in separate to the UN Declaration on the Protection of All Per- incidents said that she is not losing hope to find her sons from Enforced Disappearance, especially the father. Leo Velasco, a consultant of the National De- definition of enforced disappearance as a sepa- mocratic Front (NDF), was abducted by gov- ernment agents on 19 February 2007 in Cagayan de Oro, Misamis Oriental. Her mother was presented to the media by Army officials as a high- ranking cadre of the Communist Party of the Philippines and the New People’s Army. Army officials said she was captured on 28 November 2008 in Cubao, Quezon City by virtue of standing arrest orders for six criminal charges, such as kidnapping, arson, murder and frustrated Butch and Cora Fortuna share the story of Daryl’s disappearance with Philippine media reporters. murder in the prov- Photo: CANDY DIEZ inces of Isabela and Nueva Vizcaya. She was released in 2009 when rate and autonomous criminal offense in national Regional Trial Court in Nueva Vizcaya dismissed her legislation. Based on his expertise in international case for lack of merit. Lorena shared that being a law, he said that the inclusion of enforced disap- daughter of NDF consultants, she is aware of the secu- pearance as an autonomous offense, separate rity risks her parents face, but she never imagined that from similar acts like kidnapping, has proved to be both of them would disappear. She recalled that like effective in preventing and eradicating enforced all other families of the disappeared, her family also disappearances. He also reiterated that the made use of all possible legal avenues but none of Working Group stands willing to assist States who these steps succeeded in surfacing her father. seek to include enforced disappearance in their To put their stories on a discourse for policy reform, criminal codes, according to international human the AFAD, FIND and the ICAED, in partnership with the rights standards. Presidential Human Rights Committee (PHRC). organ- Sarkin emphasized that one positive develop- ized the National Human Rights Forum on Enforced ment at the international level is the adoption of Disappearance on 1 June 2012 at the Intercontinental the International Convention for the Protection of Hotel, Makati City. all Persons from Enforced Disappearance

29 (The Convention) in 2006 and its entry into force on looks at it in the context of good governance and 23 December 2010. According to him, this shows therefore, should be the centerpiece program of the the willingness of a number of States to take on the government. commitment to make enforced disappearance But when asked why the Philippine government disappear. The Convention includes the right of any has yet to fulfill its promise to accede to the Conven- person not to be subjected to enforced tion as repeatedly recommended during the UPR, he disappearance and recognizes the right of all the said that in due time, the Philippines will become a persons affected by enforced disappearance to State-Party to this international treaty and that the know the truth about the circumstances of this government just needs to take some institutional crime, the progress and results of the investigation reforms including the enactment of a piece domestic and the fate of the disappeared person. legislation that will facilitate the ratification of the Moreover, he said that following the entry into Convention. force of the Convention, the Committee on Enforced Disappearances has been established and the Working Group works side by side with the The Living Reminder Committee to ensure cooperation in preventing and The International Week of the Disappeared is a eradicating enforced disappearances, wherever they reminder to all of us that the pursuit to peace in any occur around the world. country is done as a means to end grave human Speaking on behalf of the Philippine Govern- rights violations and a reminder to all of us of the ment, Undersecretary Severo S. Catura of the need for an adequate delivery of justice for the Presidential Human Rights Committee (PHRC), the victims and their families. All of us have the moral advisory body to the President in effectively address- duty to make it happen. ing human rights issues in the country, explained the response of the Philippine government to this human rights issue. He said that the government has clear directions and takes pride in its human *Darwin Mendiola is currently the Philippine Advocacy Project Coordinator of AFAD. He is the former media liaison person of rights advocacy. According to him, as a matter of the Laban ng Masa (Struggle of the Masses) under the leader- principle, while others may look at human rights in ship of former University of the Philippines President Dr. Fran- the context of violations, the Philippine government cisco Nemenzo, Jr.

Prof. Jeremy Sarkin in a dialogue with victims and advocates. Photo: CANDY DIEZ 30 Destroying Monuments for those killed and disappeared: The Catholic Church and the Sri Lankan Government by Ruki Fernando* On the evening of 26 October 2011, Fr. Srilal Manoj Perera (appointed by Cardinal Malcolm Ranjith to be in charge of land issues for Archdiocese of Colombo), Fr. Prasad Perera, Parish Priest of St. Cecilia’s Church, Raddolugama (in the Colombo Archdiocese), members of the Parish Council and a lawyer representing them, took the unprecedented step of requesting that the Police destroy a nationally and internationally recognized monument for disappeared per- sons situated in the Raddolugama-Seeduwa junction in the Gampaha district in Sri Lanka.

This was on the eve of the 21 annual commemoration The fact that both the allegations made and the re- for disappeared persons held annually on the 27 October quest to destroy the Monument came from the Archdio- at the site of the Monument, with the participation of cese’s official representative in charge of land issues families of disappeared persons, religious leaders, together with a lawyer indicates that these allegations political leaders, human rights activists and concerned and the request to destroy the Monument is most likely citizens. done with the approval of the leader of the Archdiocese, This request to destroy the Monument was preceded Cardinal Malcolm Ranjith. by several attempts by Fr. Prasad and the Parish Council to disrupt and discourage the use of the Monument and What the Monument is about: the commemoration. These attempts included the The Monument has photos of Sinhalese youth disap- construction of a wall that obstructed access between peared and killed in the late 1980s, during the regime of the Monument and the church premises. Verbal and the United National Party (UNP). Families and loved ones written appeals have been made by the leaders of the still don’t know the fate of many of them and probably organization of Families of the Disappeared (FOD) to the never will. These are persons who have no grave, no Parish Priest and the Parish Council to facilitate the place to light a candle, no place to lay flowers and no continuance of activities that take place surrounding the place to say a prayer. It is in this context that the Monu- Monument, including and the annual commemoration, ment became a place for families of those killed and dis- but these have apparently fallen on deaf ears. Church appeared to gather collectively, together with concerned leaders have made complaints regarding the Monument religious leaders, political leaders and citizens to light to the Police and also threatened legal action against the candles, lay flowers and conduct religious observances. Families of the The Monument has also become an important symbol Disappeared seeking a and record of a tragic part of Sri Lankan history – a part Court order to destroy that the powerful and victors ignore. Even Presidential the Monument. Commissions, which heard tens of thousands of testimo- The main allegation nies relating to disappearances, refuse to publish their by the Church is that reports. the Monument is More importantly, the Monument also provided a situated on land space to campaign against the heinous crime of disap- belonging to the pearances and raise a voice demanding that it should Catholic Church. This is never happen again, anywhere, to anyone. the first time such allegation has been The history of the October 27 Commemoration, the made in the past 11 Monument and the Catholic Church years of the existence The Monument is built at the Seeduwa–Raddo- of the Monument. The lugama junction in the Gampaha district (Western Prov- Early commemoration at the site. Church delegation had ince), at the place where bodies of two disappeared Photo: RUKI FERNANDO gone to the extent of trade union activists, H.M Ranjith and H. Lional, were accusing the Families of found in 1989. During a period of severe repression, in the Disappeared that they had “secretly built the which it was usual to find the bodies of those killed Monument in the night” despite it being built for over a everywhere every morning, Seventeen people had come period of two months and construction work taking place together to remember Lionel and Ranjith on 27 October in broad daylight in full view of the Church premises and its access roads. 31

Cemeteries for Tamil militants before and after the destruction. sions held in the Church premises with the support of the Church. For 20 years, no question or objection had been raised about the commemo- ration or the Monu- ment, nor had any allegation been made that the church- owned land was be- ing used for this purpose.

Pleas Not to Destroy the Monument During this year’s commemoration, Mrs. Annie Theresa, a Catholic mother whose son had disap- peared in 1989 and had been participat- The Monument of the Disappeared in Sri Lanka. Photo: AFAD FILE ing in the commemo- ration for many years, pleaded with Church leaders not 1991. This continued over the years, drawing more to destroy the monument and to allow the commemora- people, including political leaders and activists from all tion to continue. “My son has no grave, where can I lay over Sri Lanka and the world, including the present flowers and pray?” she asked. The sister of a disap- President and Ministers of Cabinet. On 10 December peared person asked “whenever I pass this way, I get 1999, the foundation stone was laid for the Monument, down, lay flowers and go – where will I go if this monu- adjoining St. Cecilia’s Church by the roadside. It was ment is destroyed?” “The Church has been helping us in opened on 4 February 2000. the past – why are they doing this now?” asked Mrs. In the 1980s, some Catholic priests who had tried to Sandya Ekneligoda, wife of cartoonist Prageeth Ekneli- safeguard youth from being disappeared and killed and goda, who disappeared in January 2010. buried bodies when no one else dared to do so, were At the end of this year’s commemoration, families killed and threatened. Every year, Catholic priests had and others present held a protest against the request come forward to conduct religious observances on 27 to destroy the Monument and signed an appeal to the October, to console grieving families and support these Cardinal not to destroy the Monument. families’ and other activists’ efforts to struggle against disappearances and impunity. Among the Catholic Monuments, Commemorations and Catholic Priests in priests present at this year’s commemoration was Fr. the North and South Terence Fernando, who was among the sixteen people In the North, the military has destroyed a number of who had gathered in 1991 for the first commemoration. memorials for Tamil militants where mothers and loved In the past, St. Cecilia’s Church had been very ones used to go and pray, light a candle and lay some supportive of the commemoration and the building of flowers. the Monument. The families and their supporters were When a Tamil Catholic priest in the North tried to invited to use the Church premises for activities related erect a monument in memory of those killed and gone to the commemoration. Particularly significant had been missing during the war, the military threatened him with the offering of the Church space for traditional alms death, compelling the Bishop to transfer the priest to giving to Buddhist Monks at the end of the 27 October ensure his safety. commemoration. There was a period when the first When Tamil Catholic Priests in the North together Sunday service after 27 October was dedicated to the with other Christian Clergy and Hindu Kurukkals tried to disappeared and their families, with family members organize prayer services for those killed and disap- invited to share their grief and the whole church peared, they were also threatened by the military and community going to light candles at the Monument. some events had to be cancelled. Military officers had Over the last few years, I have seen the material even walked into a Church and stopped a service the displayed and distributed, meals served, and discus- priest was conducting.

32 Remembering Sri Lanka’s Disappeared

Thoughts on the Monument of the Disappeared and the motivations behind its proposed demolition Brito Fernando, Families of the Disappeared (FOD) I was involved since the beginning of the com- memoration of the disappeared in 1991. We were severely disturbed by the Police the following year. The same police officers who had personal interests in harassing us ironically shifted and became very supportive when a new government came into power in 1994 under Chandrika Kumarathunga. I remember in 1998 when President Mahinda Rajapaksa, who was then the Minister of Fisheries, was invited as the chief guest for the 27 October commemoration. He said in front of the public at the monument that “If a single disappearance takes place under the government, I will resign and go home”. Now, the Rajapaksa government is severely accused for the disappearances of civilians during and beyond the war. Annual commemoration for the disappeared continued each year with various representatives of civil society groups joining the commemora- tion. With the blessings of the Asian Human Rights Commission (AHRC), Mr. Eugene Shaw partici- pated as a representative of the May 18 Memorial Cemeteries for Tamil militants before and after the Foundation in Gwangju, South Korea. destruction. Photo: RUKI FERNANDO He met many human rights organizations wherein advocacy and other human rights In St. Anne’s Church Vankalai (Diocese of Mannar in experiences in Gwangju were shared. He then Northern Sri Lanka) where I often visit and stay, is a suggested building a monument to keep the statue to remember Fr. Mary Bastians, who was, in the memories of the society on the disappearances presence of witnesses, shot dead by the military and that happened and to remember that the society whose body was carried away, never to be seen again. should stand against disappearances. His photo is also prominently displayed. Several times, During the time, no organization took this I had participated in the commemorations on 6 January, challenge. The Families of the Disappeared then as the whole village gathers with the Bishop and other decided to take the responsibility of building the priests to remember his killing and his selfless service Monument. The AHRC and the May 18 Memorial for which he sacrificed his life. Foundation provided the financial assistance Here in Colombo however, Sinhalese Catholic priests needed for the construction. appear to take on the role of the military in the North - When it was successfully constructed, repre- demanding that Police destroy a monument of 11 years sentatives from the said organization attended the and a commemoration that has been held for 20 years. opening of the Monument in 2000. Prior to its launch in 2000, the majority of the participants Why Destroy the Monument and Obstruct the Annual during the annual commemoration were workers October 27 commemoration? from the Free Trade Zone and the Trade Unions. Among the many Sri Lankans killed and disappeared After constructing the Monument, it started due to their commitment to serve the poor and op- attracting mostly the family members of the pressed and raise a voice against injustice, have been disappeared. Catholic priests. With few exceptions, such as the one I In 2009 for the first time, some families from the mentioned above in relation to St. Anne’s Church North and East participated in the commemora- Vankalai, they are forgotten and not remembered. tion. During that time, it was observed that even Thus, in a way, it is not surprising that some priests several Sinhala family members, not very openly, do not appreciate the importance of remembering issued some objections in taking up the issue of tragedies, collective grieving and the inspiration and (cont. next page) strength drawn through monuments and commemora- tions to prevent such occurrences in the future.

33

But still, it is not easy to understand why these The Cardinal and Priests in Colombo, Church leaders want to destroy the Monument and dis- 1. supported the government in opposing the link- rupt the commemoration. ing of human rights to GSP+ and attempts to balance trade privileges with the human dignity of Is it purely due to greed for land? all peoples; Or are they objecting now, because it is only in the 2. joined the government in labelling the report of last few years, that many Tamil families from the North the Panel of Experts of the UN Secretary General and East, and Tamil Catholic priests from North have as a conspiracy even when as Church leaders in started to attend the commemoration and organizers the North affirmed the report; and speakers have become increasingly critical of the 3. stood by government MP Duminda Silva instead present government’s role in the disappearance and of supporting poor slum dwellers facing imminent killing of Tamils? evictions; Or is it because they want to follow the policy of the 4. didn’t join and support the struggles of the fish- government in the North to destroy memorials for those ing community of Negombo against a sea plane killed and disappeared, disrupt any efforts to build a project that would have damaged the lagoon and monument and organize religious observances for those the livelihood of the fishing community; killed and disappeared and threaten those organizing? (cont. next page) In the recent past, the Cardinal and Catholic Church in the Archdiocese of Colombo have been perceived to be supportive of the government instead of the poor, the oppressed and victims of human rights violations and injustices.

(cont. Remembering Sri Lanka’s...)

North and East disappearances. In spite of this, the participation of the Tamil victims’ families in the commemoration notably increased the following year. Then the proposal to demolish the Monument of the Disappeared came in 2011. Though the land belonged to the church a long time ago, it was taken over by the government to build roads. We were told that the church was compensated. Before building the Monument, we inquired from the church and they never claimed Brito Fernando of the Families of Disappeared. right of the land. With the blessing of the political Photo: COLOMBO TELEGRAPH leaders in the area, especially from former minis- ter Mr. Jeyaraj Fernandopulle, we decided to start When I inquired about the details of the acquisi- building the Monument. tion made by the then Sri Lankan government, the Since 1991 and consistently for 20 years, we representatives of the Church remained silent and were holding our annual commemoration at the were not able to provide information. After the Monument. No one claimed this land for the 20 discussions, the Police then agreed that the claim years that we have been organizing the annual should be inquired at a civil court. They proceeded event. No one protested when we were building to inform the Church representatives that they can this memorial for the disappeared. And now the prove their ownership at the same court. We chal- church suddenly started protesting and insists on lenged the church people to do so but to date, no claiming that the land rightfully belongs to them. action has been taken by the church. I was called for an inquiry at Seeduwa Police We will not forget how the Government demol- station on a complaint made by the Parish priest, ished the Monuments in North, East and even the protesting against building up some steps. He other monument in the South, which was con- claimed that the land belonged to the Church. structed in the memory of the disappeared 37 stu- When I demanded to prove the ownership of the dents of Ambilipitiya. The said monument was land, they came out with some survey plans made erected under Chandrika Kumarathunga and was in the years 1912 and 1913. situated in front of the Parliament.

34 (cont. Destroying Monuments...)

5. collaborated with the military in suppressing the public expression of grief and outrage over the bru- tal killing of Free Trade Zone worker Roshane Chanaka by the Police.

Are the efforts of these Church leaders to destroy the Monument for the Disappeared and disrupt the annual commemoration simply another example of the practice of defending the government against any allegations of abuses?

What is actually at stake? What are these Church leaders actually trying to de- stroy? It is just not a concrete structure, but the memory of loved ones with no grave and resting place, the space and sprit of collective grieving, consciousness, outrage and spirit and resolve not to let heinous crimes happen to anyone anywhere.

By The Way Side Commemoration at the site of the monument before the monument was built. Photo: RUKI FERNANDO This wreath With no name attached (cont. Remembering Sri Lanka’s…) Is for you Who have no grave Mahinda Rajapaksa’s government still con- As the place of earth tinues to use disappearances as a political Which embraced you weapon to sow fear among its opponents. Its Could not be found, acts prove that it wants to obliterate from his- This wreath was placed by the wayside tory the position they once took when they Forgive me were seated as the opposition - the position Forgive me ironically supporting the struggle against en- For placing a memorial for you By the roadside forced disappearance.

When they were seated as the opposition - (A poem at the foot of the monument, by Basil Fernando, the position ironically supporting the struggle a key supporter of the monument from its inception) against enforced disappearance. The Government succeeded in their efforts in North and East. Did the Catholic Church as- *Ruki Fernando is the former Head of Human Rights in Conflict sume the responsibility of doing the same deed Program at Law and Society Trust (LST). He currently serves as the Chairman of Rights Now and a consultant for Inform Human Rights in the South through the proposed demolition Documentation Centre. He was awarded the 2009 Tji Hak-soon of the Monument? Does this signify that the Justice and Peace Award for his work in support of victims of the Church consents and allows enforced disap- ethnic conflict in Sri Lanka. pearances to continue? The Church has previously sided with the European Commission still remains fresh in our Rajapaksa government on several issues. We memories. The Church marching with the govern- can never forget the Church stance supporting ment against the March 2012 resolution at the Hu- the government when a Free Trade Zone man Rights Council in Geneva further strengthens worker and a fisherman were killed during its reputation as a consistent supporter of the Raja- protests. The Church then handled the funeral paksa government. with the support of the court orders preventing With such memories of oppressing the disap- the trade unions and other organizations from peared victims and their families, we challenge taking any action against the brutal murders. the Church and the Sri Lankan government. Try to The support they provided to the Government demolish the Monument for the Disappeared in in seeking the GSP+ concession from the Seeduwa, if you can.

35 Odhikar’s local human rights defenders brought out a rally to observe the World Human Rights Day on 10 December 2011. Photo: Odhikar

Odhikar has, over the years, been monitored by intelli- Odhikar and its HRDs have come under scrutiny and har- gence agencies, who have even visited the office on the pre- assment by various intelligence and national security agen- text of ‘a cup of tea and a chat.’ In 2007, the Director of cies due to their constant campaign against torture, extraju- Odhikar, ASM Nasiruddin Elan was picked up by Navy Intelli- dicial killings and acts of enforced disappearance. The or- gence and taken to the Navy Headquarters where he was ganization’s secretary and staff members are under surveil- physically and verbally assaulted and threatened with death lance because of their outspoken attitude. – over a report of a young man who was tortured and killed In the seventeen years of its existence, Odhikar likes to by members of the Navy. Odhikar’s human rights defenders believe that it has worked hard to uphold and defend human (HRDs) have not been spared either. Those who have been rights, with all sincerity and dedication. Odhikar has also investigating allegations of extra-judicial killings and torture earned a high degree of credibility because of its unbiased have been threatened and questioned. Korban Ali, a fact- reporting and statements. It has always defended human finding officer of Odhikar, was threatened over the telephone rights with the same devotion, in total disregard to the politi- in July and September 2009, over his conduct of fact-finding cal affiliation of the government and consistently opposed missions on extra-judicial killings. He was also threatened military and quasi-military regimes and argued for a democ- with dire consequences if he did not stop further fact-finding ratic government. missions into incidents of custodial torture and extra-judicial During the so-called ‘Caretaker Government,’ nurtured by killings. Odhikar’s human rights defenders at the grassroots the military by using emergency laws, Odhikar was virtually level were also tortured and intimidated by law enforcement the sole voice against the military influence and the State of agencies. Odhikar carries out advocacy with the policymakers Emergency, when other human rights organizations unfortu- and implementers in order to sensitize them into stopping nately either supported that regime or toed their line. Such human rights violations through dialogue, lobbying, discus- an organization now faces high degrees of non-cooperation sion meetings, mobilizations and demonstrations. from the government, extensively hampering its human rights activities. Facing all the Challenges Human Rights Defenders in Bangladesh Odhikar

36 Strategic Focus Odhikar, since its inception, has been strategically extrajudicial killings, custodial deaths, cases of disap- focusing on rampant human rights violations such as pearances and acts of torture should receive special extrajudicial killings, custodial deaths, torture, enforced attention. It also broadens our scope to address ‘crime’ disappearances and various degrading treatment by the and ‘terrorism’ as a failure of socio-economic and politi- law enforcement agencies, an area that was not com- cal issues and brings these matters to more fruitful pol- monly highlighted by human rights organizations in a icy discussions. systematic manner. Lack of security of HRDs may be the major reason for this lapse; challenging the violation of Why the Challenges to Human Rights Defenders? human rights by the law enforcing agencies is not an The Government of Bangladesh has always been de- easy task and assumes some amount of social strength fensive about human rights activities, making the pro- and networking ability of the organization. Given our tection and promotion of human rights a challenging social standing; and the capacity to engage with social work. It is a general perception – and one rapidly being issues by our members, this was not very difficult for confirmed- that the government regards human rights Odhikar - compared to other organizations. violations better hidden from public knowledge and However, the major problem Odhikar faces is not the feels that any disclosure of such violation tarnishes the lack of courage to deal with difficult situations but with reputation of the government. As a result, human rights (a) the incomplete development of a democratic polity defenders are facing numerous challenges in the fight and therefore ‘abstractness’ in the notion of rights and against impunity and social injustice. responsibilities of both the state and the citizens; (b) the Human rights work in the form of civil and political popular perception of human rights organizations as rights, gathered momentum during the protests against tools of foreign intervention and (c) problematic percep- the regime of Lieutenant General H.M. Ershad. However, tions and the conception of crime and the role of the successive regimes, elected or otherwise, have failed to state or in other words, the ‘criminalization’ of socio- channel the energy towards a positive institutionalized economic, political and cultural problems as problems of form. Failure of the initiatives for political reforms has crime and punishment. widened the gap between the government and human The incomplete development of a democratic polity rights defenders and has created a confrontational is a process and cannot be solved overnight and cannot situation. be addressed outside the political process either. Odhi- Human rights work has also faced challenges during kar routinely invites representatives from all political the State of Emergency. The HRDs and media were ob- parties that advocate democracy, in its various discus- structed from working on human rights issues after 11 sion meetings, dialogues and seminars. January 2007. The state of human rights deteriorated Negative perceptions about human rights organiza- badly during the period. The HRDs who were proactively tions are an occupational hazard that we must endure; fighting for the cause of human rights were intimidated and can be eliminated only by remaining engaged with and tortured. Unfortunately, the situation has not the people and defending peoples’ rights. However, from changed much even after the 9th Parliamentary elec- the perspective of leveraging and influencing policy, the tions of 29 December 2008. The elected government paradigm of ‘crime’ as the determining measure of gov- has become more defensive about human rights work ernance is the biggest hurdle that we have been facing and remains in denial of glaring human rights violations to promote human rights. perpetrated by state forces. This often leads to a fascis- The common perception is that if someone can be tic approach towards human rights organizations and identified as ‘criminal,’ state agencies can terminate the media. that person without any judicial process, to ensure the Due to its nature, the State is more inclined towards security of the rest of society. This is a major challenge civil and political concerns. As a result, Odhikar has we face as human rights defenders. That we are citizens faced much of its wrath since the organization monitors of the state and thus, have certain rights provided for by and reports on incidents of torture and impunity by law our Constitution as well as by various international cove- enforcement agencies; the rights of the media and other nants, gets blurred by the over-determined notion of relevant issues. Forms of ‘harassment’ include intimi- ‘crime’ and ‘terrorism.’ Although Odhikar works on vari- dating phone calls, visits from members of the ‘Special ous issues related to human rights, we have felt that Branch’ of police, stoppage of funds, etc.1

1For example, Odhikar’s ‘Human Rights Advocacy and Training Programme’ supported by RCT-Denmark was cancelled on 17 August 2009 by an order from the Ministry of Home Affairs. The main theme of the programme was to highlight torture and lobby for ratification of the OPCAT. Odhikar filed a writ petition before the High Court Division of the Supreme Court, challenging the cancellation. On 11 October 2009, the High Court Division issued a Rule Nisi against the Government and suspended the Ministry’s order. As a result, Odhikar could complete its programme for that year. Due to its success the programme was extended for another 3 months by the donors. Accordingly, Odhikar applied to the NGO Affairs Bureau for a 3-month extension of this programme. The NGO Affairs Bureau, by a letter dated 11 February 2010 refused to grant the extension. Odhikar faced a difficult time during the renewal of its registration with the NGO Affairs Bureau (which is under the Prime Minister’s Office). At present Odhikar is facing difficulty in getting approval for the projects submitted to the NGO Affairs Bureau. The Home Ministry asked the Special Branch of the Police and the National Security Intelligence (NSI) to investigate about Odhikar’s activities. Odhikar is now under close surveillance/monitoring by the intelligence agencies. 37

The role of CSOs in extending assistance Conclusion through solidarity work It is obvious that international standards need to be It is very important to develop a democratic culture in maintained in order to ensure human rights protection the country. In Bangladesh, peoples’ participation in all and establish rule of law. There should be effective and sectors must be ensured and the local government and result-oriented initiatives to reduce the gaps between human rights defenders should be given a wider scope government and HRDs. UN mechanisms and EU to work independently. If the local government guidelines for human rights defenders could be the most institutions are not empowered, then the participatory appropriate tools for successful advocacy. democratic culture will not be established. In order to strengthen the HRD activity in Bangladesh Civil society organizations (CSOs) of other countries on an international level, it is important to use the have a specific role to play through their solidarity work. following tools: This experience of solidarity should be visible in ensuring 1. The Universal Periodic Review, for it highlights that the national authority ends this culture of impunity, the current situation of human rights in as the members of the law enforcement agencies, Bangladesh at an international forum. political elements and party supporters are almost 2. A regular visit from the Special Rapporteur on untouched and escape punishment. The members of Human Rights Defenders is necessary to solidarity networks of CSOs should be ready to adopt the ensure a continuity of any commitments made victims’ organization for providing all out support. by the government. Funding for human rights work will have to be given 3. Active engagement of the Asian human rights priority and mobilizing funds would be another networks to observe the State actors as well as challenge. ensuring support and safeguarding human Torture in custody, extrajudicial killings, enforced rights defenders in Bangladesh. disappearances and attacks on journalists should be The human rights movement is a continuous stopped immediately. Human rights are denied due to struggle. Human rights will only be realized when lack of access to justice. Fair trials should be ensured - all human beings will have their rights established particularly for those people who have very limited and justice ensured. Only then will the mission of access to justice. Odhikar be over.

Members of the civil society speaking at a discussion meeting organized by Odhikar, FIDH and AFAD on the accession to the International Convention for the Protection of All Persons From Enforced Disappearance in Dhaka, Bangladesh. Photo: Odhikar KontraS and IKOHI Sustain Lobbying Efforts for Indonesia’s Ratification of Anti-Disappearance Convention by Mary Aileen D. Bacalso*

AFAD member-organizations in Indonesia, KontraS and IKOHI conducted an extended commemora- tion of the International Week of the Disappeared from 4-7 June 2012 through a series of activities to step up their campaign for the ratification of the International Convention for the Protection of All Persons from Enforced Disappearance (The Convention). The activities were conducted in coopera- tion with the Asian Federation Against Involuntary Disappearances (AFAD) and Amnesty International – International Secretariat (AI-IS). These were graced by South African Extraordinary Professor and current member of the UN Working Group on Enforced or Involuntary Disappearances (UN WGEID), Mr. Jeremy Sarkin and representatives of the AFAD and Amnesty International respectively.

Experts’ Conference on the Families of victims of enforced Anti-Disappearance Convention disappearances in Indonesia. On 4 June 2012, an Experts’ Photo: AFAD FILE Conference on the Convention was conducted with series of presentations from Mr. Sarkin, Mary Aileen D. Bacalso, AFAD Secretary-General; Ms. Marek Marczynski of Amnesty Interna- tional – International Secre- tariat. The speakers discussed about the process of achieving the Convention and the role of victims in achieving the Conven- tion, its salient provisions and its added value to human rights promotion and protection, par- ticularly in the struggle against enforced disappearances. The importance of drafting a piece of legis- tion of the International Conven- the keynote speech highlighting the lation criminalizing enforced disap- tion for the Protection of All Per- same. pearances as the best way to prose- sons from Enforced Disappear- A national situation on enforced cute perpetrators was stressed by the ance” was held at the building of disappearances, giving the context participants from civil society and the the Indonesian Judicial Commis- of the struggle against enforced dis- academic community. The event was sion. It was participated in by fam- appearances in the country was pre- concluded with the common resolve ily members and survivors of en- sented by Mr. Haris Azhar, KontraS to continue pushing the Indonesian forced disappearance, civil society Coordinator. government to ratify the Convention organizations, representatives of Mr. Sarkin, on the other hand, as part of its international commit- government agencies and the dip- stressed on the definition of en- ment on human rights and to enact an lomatic community. forced disappearance and the sig- anti-disappearance law to ensure im- Foreign Affairs Deputy Minister nificance of Indonesia’s ratification plementation. of Indonesia, Mr. Anshor spoke of the Convention. He mentioned about the importance of Indone- that out of the 53,778 outstanding National Conference on the Anti- sia’s ratifying the Convention while cases of the UN WGEID, only 160 Disappearance Convention Mr. Marzuki Darusman, chairman cases are from Indonesia, thus he On 5 June 2012, a national confer- of The Human Rights Resources stated the reality of underreporting ence, entitled, “Progress of Ratifica- Center for ASEAN (HRRCA) gave and the imperative of using the UN

39 WGEID’s mandate by submitting The whole event was concluded the UN WGEID, to AFAD and Amnesty more cases, even if these occurred with a brief open forum where fami- International, for their solidarity. several years ago. He assured the lies and survivors of enforced disap- The event was concluded with a Indonesian government that there is pearances expressed their utter dis- party to commemorate the 14th anni- nothing to fear about ratifying the appointment for the slow delivery of versary of AFAD. A hearty dinner with Convention and as a matter of fact, it justice. a big cake was prepared by KontraS would strengthen Indonesia’s human and IKOHI for all participants to par- rights position and improve its human Meeting with Victims take. rights situation. In the afternoon of the same day, Marek Marczynski of Amnesty the speakers had a special meeting Meeting with the Ministry of Law and International-International Secretariat with victims to continue the discus- Human Rights congratulated the Indonesian sion. Series of testimonies on brutal The KontraS and IKOHI delegation government for signing the experiences of violations as well as of families and survivors of enforced Convention in September 2010 and stigmatization by society were disappearance was accompanied by gave emphasis on the challenges in shared by the victims. Expressions Mr. Sarkin and the AFAD and Am- combatting impunity. He mentioned of disappointment were shared by nesty International delegation in the initiative of Amnesty International elderly men victims of enforced dis- meeting with the Director General of in publishing a checklist for the appearances, families of the disap- Human Rights in Indonesia, Harikrus- implementation of the Convention, a peared and victims of other forms of tuti Harikrisnowo. The KontraS and document that has been translated to human rights violations. The victims IKOHI leaders commended the Indo- Bahasa and other languages. very clearly expressed that while the nesian government for its commit- Mary Aileen D. Bacalso gave a Convention is important, what is ment to human rights, expressed brief account on the role of the more important for them is the con- among other things in the signing of victims in the process of the drafting, crete delivery of truth and justice for the Convention and its commitment negotiation, adoption and eventual them and for all the other victims of to ratify it in 2012. The AFAD Chair- entry into force of the Convention. human rights violations in the coun- person, Mugiyanto expressed the im- She presented salient provisions of try. “ We are already tired,” a number portance of Indonesia’s ratification in the Convention and its importance to of them shared their frustration. 2012 as the upcoming 2013 elec- the victims. If Indonesia ratifies the Ms. Bacalso encouraged the vic- tions might further delay the process. Convention, it would be the first tims and asked them not to lose Family members of the disap- Southeast Asian country to ratify it heart in their continuing fight for jus- peared took turns in supporting the and will give a very good example for tice. It is important that they count call for ratification of the Convention other ASEAN members to do the some achievements, e.g. the signing while stressing on the importance of same, Bacalso added. by Indonesia of the Convention and achieving justice on individual cases. A representative from the the 4-point recommendations of the The international delegation then government of Indonesia, expressed Commission of Inquiry of the Parlia- encouraged Indonesia to realize its Indonesia’s commitment to ratify the ment to look into enforced disap- promise and be the first ASEAN gov- Convention before the end of 2012. pearances, some of which are in the ernment to ratify the Convention. Mr. He mentioned that Indonesia’s process of being implemented. Sarkin, for one, stated that Indonesia ratification would guarantee Mr. Sarkin realistically mentioned has more to gain in ratifying the Con- Indonesia’s non-repetition of the the limitations of the UN WGEID, but vention, encouraging other states to crime of enforced disappearances. encouraged the families to submit imitate its good example. Paian Siahaan, father of cases, even if these occurred in the In response, the Director General disappeared student, Ucok Munandar past and challenged them not to give assured the delegation of the com- delivered a testimony about the up the struggle. mitment of Indonesia to ratify the disappearance of his son. He Mr. Marczynski assured the vic- Convention as part of the govern- stressed the importance of tims that with persistence and perse- ment’s National Human Rights Action Indonesia’s ratification of the verance, justice shall come one day. Plan. She mentioned that Indonesia Convention and sought the support of The victims responded with an is expected to ratify it, if not before the Amnesty International in the expression of gratitude to the inter- 2012, at the beginning of 2013. process of searching for justice. national community, particularly to

*Mary Aileen D. Bacalso is the AFAD Secretary General. She formerly served as the Secretary General and later as Co-Chairperson of the Families of Victims of Involuntary Disappear- ance (FIND). She is presently the Focal Point of the International Coalition Against Enforced Disappearances.

Experts’ Conference on the Anti-Enforced Disappearance Convention. Photo: AFAD FILE

40

Linking Solidarity Revival and ICAED’s Campaign for Truth and Justice by Mary Aileen D. Bacalso

The year 2010 ended with the entry into force of the Linking Solidarity program as its own, with the support International Convention for the Protection of All Persons of the PSO and the IKV/Pax Christi, both from The from Enforced Disappearance (hereinafter referred to as Netherlands. The Convention). It also culminated with the Asian Federation Against Involuntary Disappearance (AFAD) Sowing the Seeds of Linking Solidarity Revival taking up the challenge of affirmatively responding to the A small group of representatives of the three major endorsement of the Madres de Plaza de Mayo to the federations of associations of families of the disap- Steering Committee of the International Coalition Against peared from Asia, Latin America, the Euro-Mediter- Enforced Disappearances (ICAED) that AFAD, through its ranean region, accompanied by Mr. Ewoud Plate, former Secretary-General, accept the position of being the latter’s staff member of the Linking Solidarity Program of the focal point. In an AFAD Council Meeting held in former Aim for Human Rights, met in Manila, Philippines Kathmandu, Nepal in December 2010, the Federation’s to start the process of Linking Solidarity revival. second highest policy-making body, in between its Together with the focal person, this small group of Congresses, accepted the coordinatorship role of the now ICAED Steering Committee Members reflected on the 41 member-Coalition, whose mandate is to campaign for immediate future of the program and agreed to hire a the signing and ratification of the International Convention team of researchers tasked to evaluate the 15-year for the Protection of All Persons from Enforced experience of Linking Solidarity, and a project assistant Disappearance. to assist the focal person in running the program. This Worth-mentioning is that ICAED’s hopes were at its step took into consideration the process of revival in the peak when human rights defender and former victim of context of the ICAED’s inherent mandate to campaign enforced disappearance, Patricio Rice became the Focal and lobby for the ratification of the Convention. Person of ICAED based on a decision made by the The group’s international presence in the Philippines Steering Committee in its meeting in Jakarta in May 2010. was maximized through a meeting with the Commission All hopes dimmed when Patricio succumbed to a heart on Human Rights and other government agencies and attack and died at the Miami airport on his way back from with the office of the Executive Secretary to the Ireland to Argentina, while campaigning and fund-raising President. Undersecretary Ronaldo Geron, was for the Coalition. Patricio was the ideal ICAED focal person delegated by Executive Secretary Paquito Ochoa to – a survivor of enforced disappearance himself, very meet the ICAED delegation. The Families of Victims of experienced, profoundly committed and highly competent. Involuntary Disappearance (FIND) was also present. His death was a great loss to the Argentinian human There was no significant development on the position of rights community, particularly those who struggle against the Philippine government on the Convention, although enforced disappearances. It was a loss for the ICAED. there was hope for the enactment of the anti-enforced Grief-stricken, the Coalition had to continue the work disappearance bill into law. The group also conducted that Patricio left behind which is the best way to honor his radio interviews to call on the Philippine government to memory. Hence, on the occasion of the 16th session of the ratify the Convention and to enact the anti-enforced UN Human Rights Council in March of 2011, the ICAED disappearance bill into law. Steering Committee took it as an opportunity to meet and discuss the agreement of the AFAD Council to be the focal Constituting the Linking Solidarity Team in Manila point of ICAED; reflect on continuing the work of the and Laying the Foundation of the Program Revival Coalition given its limited resources and decide on the A team of Linking Solidarity staff members, under the continuity of the project, “Linking Solidarity” under its leadership of the ICAED focal person was constituted, auspices. Shortly after the meeting, after consulting the composed of two researchers and a project assistant. leadership of the organizations that comprise the Steering The team started with an introduction, orientation, Committee, the latter unanimously agreed to adopt the

41 ICAED member-organizations convene for the first time and share experiences to strengthen the impact of the Coalition in its fight against impunity. Photo: ICAED FILE planning and integration at the Secretariat of ICAED’s lobbying visit by States Parties at the Department of focal point, AFAD. Foreign Affairs in Manila to encourage the Philippine With close guidance from the ten-member ICAED Steer- Government to sign and ratify the Convention. Repre- ing Committee, the team, under the coordinatorship of the sentatives of Spain, France, Argentina and Belgium focal person, charted a six-month plan. The research team were present at the meeting with the Department of immediately started working on the Learning History pro- Foreign Affairs held in November 2011. This was fol- ject, with the help of the former Linking Solidarity staff, lowed by another visit of the Group of Friends1 to the Ewoud Plate and Iratxe Florez, who sit on the Steering office of the Department of Justice Secretary Leila de Committee as observers. Target respondents were identi- Lima in the first quarter of 2012. fied, questionnaires were formulated and interviews were The team also managed to solicit an amount from conducted, either personally or electronically. Catholic religious congregations to augment the trans- Meanwhile, as the evaluation process commenced, it portation budget for its members’ participation in the was significant to note that, upon the recommendation of Geneva conference. the small body of the different federations’ representa- tives who visited Manila, the Steering Committee agreed Linking Our Solidarity: Strengthen our Unity; Renew our to convene for the first time all the ICAED members in Commitment Towards the Ratification of the Interna- Geneva. After a series of Skype conferences, the Steering tional Treaty Against Enforced Disappearances Committee conceptualized the Conference with the The first- ever gathering of ICAED member- theme, Linking Our Solidarity: “Strengthen our Unity, Re- organizations was held on 7-10 November 2011 in new our Commitment Towards the Ratification of the In- Geneva, Switzerland. ternational Treaty Against Enforced Disappearances.” This Conference sought to re-launch the program of The project assistant, in close coordination with the the former Aim for Human Rights, the Linking Solidarity. focal person and the rest of the members of the team, It is envisioned as a new comparable initiative owned by sent out invitations to the member-organizations. Thanks the ICAED, rooting it within the group of main beneficiar- to the voluntary work of translators from the SC observers, ies: the families and relatives of the disappeared and advisers and supporters, communication in English, Span- human rights organizations based in countries where ish and French was possible. Simultaneous with the con- disappearances occur. ference preparations was the lobbying conducted by the Further, the conference aimed to provide a venue for ICAED Manila team with European embassies who are its forty (now forty-one) member-organizations to meet either signatories or States Parties to the Convention. It and give updates on the situation vis-à-vis enforced dis- was an effort to introduce ICAED to the diplomatic com- appearances and their campaign for the signing and munity in Manila and seek possibilities for financial sup- ratification of the Convention. It was an important venue port for the ICAED team’s transportation to Geneva. While for the Coalition’s member-organizations to chart a plan financial support was not possible on such short notice, of action. what was most important was that the Ambassador of Held in the John Knox Centre of Geneva, the confer- Spain in Manila, His Excellency Jorge Domecq initiated a ence was attended by a total of 50 individuals. Twenty-

1The Group of Friends are composed of friendly States who are States-Parties to the Convention and who support the campaign of families’ associations and civil society organizations for signature, ratification, entry into force and universal implementation of the International Con- vention for the Protection of All Persons from Enforced Disappearance. 42 three out of forty ICAED member- organizations arrived in to program officers of the LS Program, an opportunity to Geneva. Due to financial and visa constraints, the others speak. were not able to attend. Most of the participating organi- Initial results of interviews were presented. Since zations paid for the airfare of their delegates. Four profes- there were identified respondents from among the par- sional interpreters volunteered their services. ticipants, individual interviews were also conducted in “In the name of solidarity, despite all these uncertain- between the activities. ties, we took up the challenge and invited all of you to After the presentation of the Learning History re- come, asking you to spend energy and hard-earned re- search, the conference facilitated the sharing of the sources to travel here. But we underestimated your current status of enforced disappearances in each sense of solidarity and to our great surprise and happi- respective country, introducing their organizations and ness, all of you confirmed your participation! So here we their challenges in promoting the Convention. are, gathered together to link our solidarity, strengthen Except for Latin America, many organizations in Af- our unity towards the ratification of the International Con- rica, Asia, Europe, Euro-Med, North America are con- vention for the Protection of All Persons from Enforced fronted with issues of resistance of their governments Disappearance, and to work for our goal to end impunity,“ to ratify; failure to address enforced disappearances thus stated the welcome address of the focal point. and the lack of domestic bills or laws criminalizing en- At the end of the welcome remarks, the ICAED gave a forced disappearance and impunity. posthumous award to Mr. Patricio Rice for his global fight Only the delegate from Switzerland categorically against enforced disappearances. stated that this country has zero cases of enforced dis- Mr. Scott Wright of the Torture Abolition and Survivors appearance, but for the rest of the countries across the Support Coalition-Washington (TASSC) and a personal globe, enforced disappearances still remain as a grave friend and colleague of Patricio received the award with a recurring problem which needs immediate resolution. brief speech on behalf of his family. Professor Gabriella Citroni, ICAED’s legal adviser and Since the conference was a venue to present the initial consultant, presented observations on the Convention results of the Learning History project, an integral part of and the challenges ahead for ICAED. Among other the program was the presentation of the previous program things, she suggested including the need for a domes- by Mr. Ewoud Plate. It was an apt backgrounder of the tic law supporting the Convention and the active partici- Learning History project. Researchers Rosa Bella Quin- pation of ICAED and civil society in the drafting of the doza and Razaile Elaine Besa presented an overview of rules of procedures for the UN CED. the project, the objectives of which include the documen- During the second day of the conference, the dele- tation of the lessons, merits, and challenges of the pro- gates were grouped based on their regional areas. Each gram which hopes to enable the ICAED, to “listen to what group discussed and enumerated possible inputs for a it is trying to tell itself" about its own learning and change concrete plans of action. These inputs were docu- efforts toward the struggle of addressing enforced and mented, based on which, the ICAED team in Manila involuntary disappearances. It also hopes to give to the anchors its work. organizations lessons learned to revive or initiate a new The morning of the third day was used as a venue for program. The power of learning histories is that they allow the participants to reflect on the value of the two-day everyone who has been involved in a process, from the conference and the ICAED’s prospects in further head office, to field office and partners, from managers

All race for truth and justice: Representatives of governments and ICAED share an afternoon of reality through a side event held at Salle XXlll, Palais des Nations. Photo: ICAED FILE

43 campaigning for the Convention as an important contribu- Mr. Emmanuel Decaux thanked the NGOs, the civil tion for the struggle for truth, justice, redress and the re- society and the WG for their continuing support in cam- construction of the historical memory of the disappeared. paigning for the Convention. He said that this spirit of To note, the ICAED activities in Geneva coincided with cooperation combines all efforts against enforced disap- the first meeting of the new UN Committee on Enforced pearances. He, however, expressed frustration on the Disappearances (UN CED) so that ICAED could be intro- time factor because it will take 4 years for the Commit- duced to this monitoring body of the Convention and to tee to fully utilize the Convention. Another session will explore areas of cooperation. The activities also coincided open in March 2012 and that there is a need to wait with the 95th session of the UN Working Group on En- until December 2012 to have the first periodic reports forced or Involuntary Disappearances (UN WGEID). from the States. These reports must be submitted by the ratifying States within 2 years after ratification. “Universal Implementation of the Convention Against En- Mr. Sebastian Rosales of the Permanent Mission of forced Disappearances: A Task and a Challenge” Argentina to the UN in Geneva reiterated the commit- To give visibility to the presence of the Coalition, ment of the Argentinian government to end enforced a side event, entitled “Universal Implementation of the disappearances and impunity through the many con- Convention Against Enforced Disappearances: A Task crete initiatives it is undertaking towards this end. and a Challenge,” was conducted at the Palais des Na- Ms. Stephanie Barbour presented the recently pub- tions on 9 November. Speakers included then Chair of lished Amnesty International Checklist for Effective Im- the UN WGEID, Jeremy Sarkin; Chairperson of the UN CED plementation of the Convention for the Protection of All Emmanuel Decaux; Representative of the Government of Persons from Enforced Disappearance as a comprehen- Argentina, Sebastian Rosales and Amnesty International sive guide for States Parties to implement domestic representative Stephanie Barbour. The event was legislation fully in line with the Convention and other attended by more than a hundred individuals from international law standards and may serve as a useful Permanent Missions of different governments to the tool to promote ratification and implementation. UN in Geneva, members of the UN CED, UN WGEID and representatives of the ICAED’s member-organizations and Meeting with the UN CED and with the UN WGEID other NGOs. On 10 November 2011, the ICAED member- The Chairpersons of both the UN WGEID and the UN organizations attended the UN CED Meeting with the CED made a clear commitment to coordinate with each NGOs at the Palais Wilson. The ICAED focal person de- other using the respective mandates of the two bodies in livered an official statement greeting the CED members facilitating the ratification of the Convention by as many on its historic inaugural session held in Palais Wilson. States as possible, thus helping in its eventual universal Describing the UN CED as a source of hope for thou- implementation. sands of relatives of the disappeared worldwide, the Mr. Sarkin emphasized the significant role of the Work- ICAED, in an official statement, made the following rec- ing Group (WG) in the adoption of the Convention. The WG ommendations to the Committee: launched a campaign to promote the Convention and for  To ensure that its rules of procedure and methods States to ratify it. He expressed his support to the CED of work are drafted in such a way as to ensure that and recognized its competence. He also recognized the the Committee can effectively carry out its mandate importance of cooperation among the WG, the Committee, and functions and are accessible to civil society; NGOs and civil society. The  To open a participative process in which represen- WG encouraged non-states tatives of civil society are invited to express their parties to ratify the Con- views and deliver proposals for the consolidated vention and congratulated version of the rules of procedure of the Committee. those that have already  To stress the crucial importance that the Committee ratified. The WG also is- will play with regard to Article 30’s urgent interven- sued statements and press tion procedure. releases supporting the  To establish close cooperation with the WG, in order Convention. Mr. Sarkin to enrich its own work in the light of its 30 years of concluded that the Conven- experience, for example, coordinating the schedule tion, being legally binding, and venue of sessions of the Committee with the will hopefully reduce the WG and establishing a system of communication occurrence of enforced between the two bodies. disappearances globally  To underscore the crucial importance of country and will help the victims visits that may be undertaken by the Committee. and their families in the Wherever possible, planned visits should be an- search for the truth. nounced as promptly as possible in order to enable Patricio Rice, former focal the widest possible participation of civil society. person of ICAED. Photo: AFAD FILE

44  To take cognizance of the grave situations of on-going project development and fund sourcing based on and and continuing cases of enforced disappearance in consistent with the realities, prospects and needs of the territory of the following States Parties to the Con- member-organizations and ultimately the victims, survi- vention: Honduras, Iraq, Mexico, Nigeria, and Tunisia, vors and families of the disappeared as well as advo- and urgjng the Committee to consider country visits. cates of the struggle against enforced disappearances.  To promote the effective implementation of the Con- The objective of strengthening the ICAED as well as its vention in the domestic laws of States Parties and to members and advocacy, through the re-launch of a new develop guidelines and tools to assist States Parties Linking Solidarity initiative, should be strongly but- in this regard. tressed with an intensive campaign for ratification and  To adopt interpretations of the Convention’s provision universal implementation of the Convention. that affirms the treaty’s central purpose of ending the A new or revitalized Linking Solidarity initiative in the practice of enforced disappearance. context of it being a core program of the ICAED presents a worthwhile learning process and prospect for the Coa- Some of the conference participants joined in a sepa- lition. A critical review of the role, intent and mandate of rate meeting with the UN WGEID held on the same day. It the Linking Solidarity program has to be complemented was an opportunity to submit individual cases and general significantly by the history of the struggle and realities of allegations. The UN WGEID announced the 30th anniver- the program stakeholders. As in any program, the Learn- sary of the UN Declaration for the Protection of All Persons ing Solidarity program must learn from the lessons of its from Enforced Disappearance in December 2012. work with its avowed beneficiaries. It has to take into During the meeting, the ICAED stated that the WGEID consideration the principles of the sense of ownership remains the principal venue where families of the disap- or at least appropriation by the beneficiaries, participa- peared and organizations dealing with the enforced disap- tory leadership, transparency in the planning, monitor- pearances can make their voices heard. It called on the ing, implementation and evaluation of its work and in WGEID to continue discharging its functions even as it the management of its resources vis-à-vis the constitu- strongly urge the United Nations to provide the WGEID ents of ICAED. The strengths of the Linking Solidarity with the necessary staffing and resources. program should be measured and appreciated not just The ICAED encouraged the WGEID to closely cooper- by the pre-defined program results, but also on how ate with the newly established CED and share its 30-year organizations were able to harness their inherent and experience and expertise with this new monitoring body existing systems and capacities to generate these re- for it to adopt best practices that can effectively protect sults, while lessons from the LS experience should sig- human rights. nificantly include the challenges faced by the program. The ICAED also called on the WGEID to sustain its Despite a very long history of struggle and actions accessibility to the relatives of the disappeared from all and responses of the 15-year program, many cases of over the world, ensure flexibility of its procedures and take disappearances have yet to be solved while more are into account the difficulties experienced in the field. currently taking place in different parts of the world. The situation necessitates legal and organizational The Results of the Learning History in a Capsule While ICAED continued its campaign for truth and justice particularly for more ratifi- cations to the Convention, the Learning History research was concluded. It was participated in by program stakeholders from Asia, Euro-Mediterranean, North America, Latin America and Africa, with the vision to establish “A New Initiative of Link- ing Solidarity in Support of the Struggle Against Enforced Disappearance.” The following paragraphs form part of the Learning History research that sought to understand the strengths, weaknesses and prospects of the Linking Solidarity Program in all its aspects. The ICAED recognizes the need to de- velop strategies that will contribute to the struggle towards a world without disap- peared persons, fought at the national, Italian Prof. Gabriella Citroni (L), Madres de Plaza de Mayo-Linea Fundadora representative Martha Ocampo de Vasquez (center) and author Mary Aileen D. regional and international levels with conti- Bacalso (R) during a conference of the UN CED in Paris, France. nuity and visibility. As such, it positions Photo: AUTHOR itself to take an active stance in constant

45 Hear our Voices: (L-R) Mr. Sebastian Rosales (Rep. of Argentina); CED Chairperson Emmanuel Decaux; UN WGEID Chair Jeremy Sarkin, ICAED Focal Person Aileen D. Bacalso, Amnesty International representative Stephanie Barbour share perspectives on the imperative of universal implementation of the Convention. Photo: ICAED FILE interventions which can be undertaken by an important of the Disappeared, the press releases and letters to international coalition. governments which the focal point issued to respond to burning issues related to enforced disappearances The ICAED and its Continuing Challenges and the campaign materials it produced. While the results of the Linking History research are in The work against enforced disappearances is a long- the process of being disseminated for it to serve its very drawn out struggle, To ensure sustainability, the ICAED purpose, the ICAED continues to be true to its mandate of team in Manila, while working with AFAD and the Fami- campaigning for signatures and ratification of the Conven- lies of Victims of Involuntary Disappearance (FIND) and tion towards its universal implementation. To date, there with all the Coalition’s member-organizations in the rest are 34 States-Parties and 91 signatories. Only 15 States of the world, intensifies its efforts to raise the much- have recognized the competence of the CED and Japan, needed resources to guarantee continuity and sustain- as one of these States only recognizes the competence on ability. inter-state complaints, but not on individual complaints. The team also recently visited foreign embassies to Much remains to explore possibilities be done. of cooperation on During the the work on the first half of 2012, Convention and in the ICAED Focal terms of financial Point, some support in the members of the course of the work. Steering Commit- So far, the ICAED tee and the mem- team visited the EU ber-organizations delegation in Ma- were actively par- nila and the embas- ticipating in na- sies of Canada, tional and inter- Austria, Australia, national events. France, Belgium Some of which and Argentina. include the Ex- In the struggle perts’ Conference against enforced TASSC culminates the Torture Survivors’ Week with a vigil in front of the White on Gender and House. Ester Alvarenga (L), Director of Pro-Búsqueda and Mary Aileen D. Bacalso, disappearances, it Enforced Disap- AFAD Secretary-General deliver solidarity messages to torture survivors. is imperative to pearances held Photo: ICAED FILE link in solidarity in Addis, Ababa, with all those who Ethiopia in April 2012; the International Conference on are one with us in our dream to attain a world without Enforced Disappearance organized by the UN Committee desaparecidos. The realization of this dream costs the Against Enforced Disappearances held in Paris, France; lives of our dear colleagues who have gone before us. the Torture Survivors’ Week organized by ICAED member, Former ICAED focal person, Patricio Rice, was one of the Torture Abolition and Survivors’ Support Coalition in them. With the inspiration of all the desaparecidos of Washington DC. the world, the Coalition must be willing to pay the price This is not to mention simultaneous activities held in for the realization of its dream. various countries to commemorate the International Week

46 Justice for Peace Foundation launches Report on Enforced Disappearances NEWS Calls on the Thai Government to Ratify the ICPAPED

28 May 2012 - The Justice for Peace Foundation (JPF) in that affected the increase in enforced disappearances, the Thailand launched a report discussing the phenomenon of counter-insurgency measures adopted in South Thailand enforced disappearances in Thailand. and the War on Narcotic Drugs in 2003. JPF President Angkhana Neelaphaijit asserts that the prac- JPF noted that patterns of disappearances remain tice of enforced disappearance extends beyond the cases in evident in the documented cases. Among the vulnerable Southern Thailand as reflected in the cases found in every individuals most prone to disappearances are individuals region. Such cases occurred as early as 1952 and in specific with close relations with public officials, persons who periods in Thailand’s history involving communists and farm- criticize officials, activists working on human rights ers in the northern areas during the 1970s. The May 1992 specifically political or anti-corruption activists, witnesses of crackdown of the military forces against protesters also led to human rights violations and crimes and migrants. cases of enforced disappearances. “Families, including myself, have even been denied the Based on the organization’s documentation, 40 incidents right to know the truth about our loved ones.” Neelaphaijit of enforced disappearances were committed, with 12 victims added. from Thailand’s northern areas, five cases from west Thai- The group strongly urged the Government of Thailand to land, 7 incidences from the Northeast – Isaan and 33 cases ratify the International Convention for the Protection of All from the Southern areas. Persons from Enforced Disappearances (ICPAPED), adopt a The report also indicated law that will declare enforced disappearance as a crime and that among the victims, 94% will provide investigative mechanisms to ensure justice. were male and 86% were part Similarly, amendments to laws on witness protection, of ethnic minorities. detention, “good faith” clauses and destruction of evidence In a press statement issued should be ensured. A mechanism that will allow reparations by JPF, Neelaphaijit stressed, at a nationwide scale must also be established. Relatives of “Decades of impunity have disappeared victims should be provided with interim com- created a context in which ad- pensation until the reparations mechanism is established. ministrative and security offi- The group further recommended for the independent and cials know that their illegal efficient investigations leading to prosecution and conviction actions are condoned by the of perpetrators of enforced disappearances in Thailand. state and that the likelihood of (Candy Diez) legal action against them is extremely low.” Reference: Justice for Peace Foundation (JPF). 28 May 2012. JPF calls on Thai The report further focused Government to prevent enforced disappearances and ensure remedies for on government policies past disappearances.

AFAD conducts Regional Training Workshop on Documentation and Monitoring of Enforced Disappearances Documentation and research staff members The Asian Federation Against Involuntary Disappear- engrossed in a workshop activity. Photo: AFAD FILE ances (AFAD) conducted its Regional Training Workshop on Documentation and Monitoring of Enforced Disappearances on 12 -15 June 2012. Among the contents of the training includes an in-depth discussions of the International and Regional Context of Enforced Disappearances and International Standards and Mechanisms shared by AFAD Secretary-General Mary Aileen Bacalso. Former HURIDOCS Executive Director Manuel Mario Guzman discussed the review of Documentation and Moni- toring of Enforced Disappearances and an introduction to OpenEvsys Regional Database System presently being de- veloped by AFAD.

47 The training provided a session to discuss issues con- Cecile Gaa, Human Rights Defenders Program cerning the documentation, monitoring and reporting of Coordinator of Asian Forum for Human Rights and enforced disappearance cases. Argentine Forensic Anthro- Development (FORUM-ASIA) discussed FORUM-ASIA’s pology Team (Equipo Argentino de Antropología Forense, available services and assistance for human rights EAAF) Forensic Anthropologist Mr. Luis Fondebrider defenders at risk. shared about the nature of Forensic Sciences and its ap- Eight representatives from varying Asian countries, plication to aid the search for truth and justice behind a including Indonesia, Timor Leste, Thailand, Philippines, victim’s disappearance. Jammu and Kashmir-India, Sri Lanka, Nepal and Regional Coordinator of Frontline Defenders, Pokpong Bangladesh, participated in the training. Lawansiri, shared a brief state of risks faced by human The training is jointly funded by the Open Society rights defenders in Asia and gave practical guides includ- Institute and the OAK Foundation to strengthen the ing the Risk Assessment Tool to aid the participants as Federation’s documentation, monitoring and reporting they proceed on their work at the country level. program. (Candy Diez)

AFAD’s documentation and research team with resource speakers Manuel Guzman (2nd from the left), Pokpong Lawansiri (5th from the right), and Cecile Gaa (3rd from the right). Photo: DARWIN MENDIOLA

4 Years Already…

Euro-Mediterranean Federation Against Enforced Disappearances (FEMED) by Naserra Dutour*

4 years already that the Euro- Mediterranean Federation against Enforced Disappearances (FEMED) was created. 4 years and already numerous activities have been put in place to work in favor of the fun- damental right for Truth and Justice for the families of the disappeared. The FEMED succeeded the Euro- Mediterranean Coalition against Enforced Dis- appearances created in 2000 as a space of reflection between organizations working on enforced disappearances. Our Federation now brings together 26 member-associations from 12 Euro-Mediterranean countries (Algeria, Bosnia-Herzegovina, Cyprus, Spain, Iraq, Kos- ovo, Lebanon, Libya, Morocco, Serbia, Syria and Turkey). Third Euro-Mediterranean meeting of the Indeed, even if public awareness about en- families of the disappeared. Photo: FEMED forced disappearances was first raised by the association Those women come, most of the time, from disad- Madres de la Plaza de Mayo, the Euro-Mediterranean re- vantaged backgrounds. Their organizations are often gion is also widely affected by enforced disappearances. destitute, isolated from each other and low in re- Men are, most of the time, victims of those disappear- sources. In some countries, those families and their ances. After having looked for their loved ones for a long organizations are victims of intimidation and harass- time, mothers and wives have decided to organize them- ment from authorities. They are subjected to violations selves. They have created organizations to pursue their of their freedom of association. struggle for the Truth.

48 In almost all concerned countries, families share the same The current situation is particularly worrying in the Euro- demands through their organization: the right to know the fate Mediterranean area. Tunisia is the only country which cur- of their loved ones and the right to justice. In the light of this rently seems to take advantage of the revolutions. In Egypt, situation, there is a need for the families’ organizations to be after a small lull, protests against the Egyptian army took structured and to gather their forces in order to raise their ac- place recently. In Syria, authorities are carrying out waves of tions’ impact to have their demands taken into consideration mass arrests and continue their targeted attacks against by the authorities. bloggers, lawyers, journalists, political activists, and human The challenge is about the past: to respect the victims’ rights defenders. In Libya, the situation is not yet pacified. rights, among these, the rights to truth, to justice, to repara- The FEMED must therefore remain vigilant about the tion and to memory are a duty. The challenge is also about the human rights situation in the Euro-Mediterranean region. future: to guarantee the non-repetition of the violations and, the implementation of national and international preventive mechanisms. *Nassera Dutour is the President of the Euro-Mediterranean Federation With other associations and federations, FEMED has imple- Against Enforced Disappearances (FEMED) and the Spokesperson of the mented several activities since its creation in 2007: trainings, Collective of the Families of the Disappeared in Algeria (Collectif des fa- milles de disparu(e)s en Algérie - CFDA). Since her son’s disappearance in missions in Euro-Mediterranean countries concerned with en- 1997, she has been struggling against the silence’s law surrounding the forced disappearances, missions to raise awareness, publica- enforced disappearances in Algeria and in the Euro-Mediterranean region. tion of a biannual review, Euro-Mediterranean meetings of She has dedicated herself to the search of truth and justice for all the fami- families of disappeared, lobbying for the International Conven- lies of the disappeared. In November 2011, she received the Oscar tion for the Protection of all Persons from Enforced Disappear- Romero Award. ances, etc.

AFAD Visits Bangladesh and Timor-Leste

The main event of the series of activi- ties was an advocacy meeting on the Con- vention on Enforced Disappearances or- ganized by Odhikar with the support from AFAD and International Federation for Human Rights (FIDH). The meeting was opened by Justice M Imman Ali, Judge of the Appellate Division of the Supreme Court and well attended by parliamentari- ans from both the ruling and opposition political parties, diplomats, political activ- ists, human rights advocates, media and families of victims of enforced disappear- ances. Besides the advocacy meeting, the delegation of Odhikar, AFAD and FIDH organized meetings with different institu- tions, both government and non- government institutions including media Advocacy Meeting of AFAD and Odhikar in Bangladesh. persons. The specific objective of these Photo: Odhikar meetings was to gain support from them to convince and Enforced Disappearances is Alarming in Bangladesh pressure the government of Bangladesh to stop the alarm- In December 2011, the AFAD Chairperson Mugiyanto vis- ing phenomenon of disappearances in the country and to ited Dhaka, Bangladesh for campaign and advocacy activities ratify the Convention on Enforced Disappearance. organized by the one of the AFAD newest members, Odhikar. Adilur Rahman Khan, Secretary of Odhikar, said that it The activities focused on urging the government of Bangla- needs some time for Bangladesh to be on board of the desh to stop the continuing practices of enforced disappear- Convention. Odhikar, with other human rights movements in ances, prosecuting the perpetrators and fulfilling victims’ Bangladesh, particularly with victims’ groups, will continue rights. The activities also aimed at raising the awareness of the fight against enforced disappearances and other the people of Bangladesh on the danger of enforced disap- injustices. pearance, the existence of the new international instrument, He further commented that there might be a change, but the International Convention for the Protection of All Persons advocacy groups have to keep working and waiting until from Enforced Disappearance (The Convention) and on how to December 2013 when there will be a General Election in the deal with the phenomena of enforced disappearance in the country. context of Bangladesh. 49

New Country, New President, New Hope In August 2011 and February 2012, the AFAD Chairper- Taut Matan Ruak: I already sent my team to look and son made two separate visits to Timor-Leste for an organ- study its obligations in detail, because I am concerned izational consolidation with the member-organization, HAK with many past issues about disappeared people. Association, lobby activities and meetings with victims. Despite the difficult organizational situation that HAK La’o Hamutuk: The reports from CAVR, Indonesian KPP- Association faced at the beginning of 2011, it is now im- HAM Indonesia and the UN Commission of Experts rec- proving and getting stronger. HAK conducted a meeting ommended the creation of an international tribunal to that resulted in the formulation of a strategic program for judge Crimes Against Humanity in Timor from 1975- 3 years. 1999, when both the Indonesian and Timorese justice The HAK Association was lately busy in implementing a processes failed. Do you think the president has a re- program in cooperation with the International Center for sponsibility to struggle against impunity? When a crimi- Transitional Justice (ICTJ) to strengthen the newly- nal has been convicted by a court, do you think they established national victims’ association and its advocacy should be imprisoned, or should receive a pardon or for the adoption of the Law on Reparation, including its clemency from the president? continuing advocacy for the ratification of the Convention on Enforced Disappearances. It is also very active in the Taur Matan Ruak: The Maternus Bere case will not hap- National Alliance for International Tribunal (ANTI), an alli- pen again during my presidency. I will work forcefully to ance of NGOs and victims’ groups fighting for the creation prevent active or verbal willful intervention by one state of an international tribunal for the perpetrators of crimes organ to another. I will not use my power to give clem- against humanity in Timor-Leste committed during Indone- ency arbitrarily. This is part of my policy manual. The sia’s occupation from 1975-1999. issue of an International Tribunal is the responsibility of When AFAD visited Timor Leste in February 2012, the the international community, and the international com- HAK Association released its annual Human Rights Report munity should be pro-active. In my view, an Interna- 2011. It is a comprehensive report written in Tetum and tional Tribunal takes time, and will depend on the de- English. In relation to the issue of justice and Convention mocratization process in Indonesia. The State of Timor- on Enforced Disappearances, the HAK association put the Leste cannot stick its fingers into this process. following recommendations to the President of the De- mocratic Republic of Timor-Leste: President Taur Matan Ruak was sworn in as the President of the Democratic Republic of Timor-Leste on “Explore possible ways with Indonesian government 20 May 2012 in Dili during the commemoration of the to improve accountability process on the crimes restoration of independence. What is clear is that there committed between 1974-1999 (besides peace must be constant engagements with him from civil soci- and reconciliation process in Timor-Leste) in the ety so that he will make justice and human rights as one future and ratify the Convention on enforced disap- of his main agenda. However, the situation still needs to pearances so that Timor-Leste can follow its legal be reviewed until June or July when Timor-Leste will obligations to identify and search for those who have parliamentary elections that will determine who disappeared during the Indonesian occupation.” will be the prime minister. In the parliamentarian politi- cal system of Timor-Leste, it is the prime minister who In April 2012, Timor-Leste conducted a presidential will determine the government policy, including human election in which the people voted for Taur Matan Ruak, rights. former commander of the guerilla forces, Falintil, to be the If we look at the seriousness of the elite, it is indica- President of the Republic. To see his commitment on jus- tive that much work still needs to be done. This can be tice and human rights, on 12 April 2012, La’o Hamutuk, a seen from what happened in April 2012 when the ap- non-partisan civil society organization, asked the two proval of the Bill on Reparation was not possible not Presidential candidates (Taur Matan Ruak and Lu Olo) to because of the rejection from many of the members of answer 11 questions. the parliament, but because there was no quorum. Below are the answers of Taur Matan Ruak (Now the Being a very young state, Timor Leste has hopes. As President of RDTL) to the questions related to justice and name the country, Lorosae, suggests, it means the Land human rights: of the East, the Land of the Shining Sun. The new Presi- dent of the Republic, Taur Matan Ruak, a former guer- La’o Hamutuk: Do you think that Timor-Leste should illa commander has the blood of the suffering of the ratify the International Convention for the Protection of All people when they were colonized by Indonesia. Hope- Persons from Enforced Disappearance? fully, he will listen more to the voice of the people who hunger for truth and justice. (Mugiyanto)

50 In connection with the Interna- tional Week of the Disappeared (27th May to 2nd June) APDP started the commemoration with a special meeting of prayers and reflections today (28th May 2012) at the APDP office in Amira Kadal, Srinagar. This special meeting was to reflect about the on going struggle, achievements, failures, response of the Indian state and the response of the international community. In the meeting, it was decided that APDP would urge the religious leadership of Jammu and Kashmir to hold special prayers for the dis- appeared persons and their fami- lies on Friday, 1 June 2012. APDP would also hold workshops for psy- chological rehabilitation and capac- ity building training of the family members of the disappeared.

STRUGGLE FOR JUSTICE VERSUS THE NON-SERIOUS AND INSENSITIVE GOVERNMENT Association of Parents of the Disappeared Persons (APDP) 2012 International Week of the Disappeared

Further, to reaffirm its commit- The SHRC, in its order relating to and police authorities in the “Al ment, to hold the government ac- the graves in Poonch and Rajouri, Faran” case reflects their insensitivity countable, it was decided that in stated that the proceedings were in and non-seriousness which is this week, a petition related to a state of status quo and had not perpetual. cases of disappearances from progressed an inch as the Govern- Despite statements by the Govern- Baramulla district would be submit- ment and police authorities had not ment of Jammu and Kashmir, and ted to State Human Rights Com- submitted the reports ordered. The recent submissions of the Union of mission (SHRC). Also another peti- SHRC found this to reflect an insen- India during the Universal Periodic tion regarding FIRs pertaining to sitive and non-serious approach to Review of the United Nations Human unmarked graves in Kupwara, the “burning” issue of unknown, un- Rights Council and also India’s com- Baramulla and Bandipora would be marked and mass graves in Jammu mitment on enforced disappearance submitted to SHRC. and Kashmir. by signing the International Conven- Finally APDP also reflected on The SHRC, in its order relating to tion for the Protection of All Persons orders issued today by SHRC in two the graves in Poonch and Rajouri, from Enforced Disappearance in matters relating to 3,844,unknown, stated that the proceedings were in 2006, the ground reality is as stated unmarked and mass graves in a state of status quo and had not in today’s SHRC order: insensitivity Poonch and Rajouri districts, and progressed an inch as the Govern- and non-seriousness. graves relating to the “Al Faran” ment and police authorities had not This continued and perpetual kidnappings of 1995. In both submitted the reports ordered. The insensitivity and non-seriousness, cases, on the last date of hearing, SHRC found this to reflect an insen- depicts India’s lack of priority on notices had been issued for reports sitive and non-serious approach to human rights issues of the people of to be submitted by certain depart- the “burning” issue of unknown, un- Jammu and Kashmir. ments of the Government of marked and mass graves in Jammu Jammu and Kashmir and police and Kashmir. Spokesperson authorities. No reports have been APDP believes the non- Tahira Begum submitted till today. responsiveness of the Government 28 May 2012, Press Release

51 Truth often plays a major role in a transition period when countries are moving from repressive systems of government towards democratization. The state is not only legally but also morally bound to deal with the legacy of its dark history. Knowing the truth behind the gross human rights violations is but a necessary response to serious human rights violations that usually evolve around secrecy and denial by the state especially in cases of extrajudicial killings, enforced disappearances and torture. TRUTH OR DARE? Reflection on the Truth Telling Conference in the Philippines by Darwin Mendiola

The acknowledgement of the truth is valuable in protecting the collective set up a truth seeking body. In his therefore, as important as knowing memory against forgetting and for inaugural speech and in his first truth itself. The phrase, “bringing truth not simply allowing reconciliation to State of the Nation Address (SONA), to light” can figuratively and literally overrule justice and accountability. the president announced his govern- eclipse the dark atmosphere of silence As much as the victims and their ment’s intention to establish a truth and deceit that almost always go with families are willing to speak on the commission that would investigate such violations. The accounting of past truth of what happened to them, the abuses committed by his prede- violations is deemed important not only the basic facts of their situation are cessor and for those responsible to to punish wrongdoers but also to re- often already known. What they pay for their crimes against the peo- dignify the victims and guarantee non- normally seek is a mechanism that ple. Unfortunately, PNoy’s Executive repetition. will establish their account as true Order No. 1 creating a truth commis- Failure to do so perpetuates a cli- and their demands for justice as sion fell short of international stan- mate of impunity which allows perpe- legitimate. The significance of truth- dards and merely an act of political trators to escape accountability and telling lies on the truth seeking vengeance against former Pres. Glo- consequently reinforces a sense of process or the acknowledgement in ria Macapagal-Arroyo and her co- fear, insecurity and resentment, par- which the truth becomes a public horts as this commission aimed to ticularly among victims and their fami- knowledge, shared amongst the investigate only reports of large lies. Absence of truth and accountabil- wider population, and bearing the scale graft and corruption by the ity leads to public apathy or the lack of state’s responsibility. Arroyos and not to cast a wider net trust and confidence not only in govern- of accountability for human rights ment institutions but in the overall Truth-seeking or Truth-telling? violations. criminal justice system. Redressing Many countries have recognized The PNoy administration failed to past violations, therefore can foster the the importance of establishing truth constitute this promised Truth Com- rule of law, create an atmosphere of -seeking mechanisms for cases of mission as it was later declared un- respect for human rights and legitimize human rights violations. Various constitutional by the Supreme Court. structures of governance with the hope truth commissions and fact finding His government was clearly not up to of altering the conditions that perpetu- bodies were created in many parts snuff on the real intent, nature and ate such violations and ensure endur- of the globe after a violent histori- scope of a truth seeking process ing and lasting peace. cal event aimed at knowing the that supposedly encompasses hu- In many countries that have gone historical circumstances surround- man rights violations. The PNoy ad- through protracted periods of violence ing past human rights violations ministration must learn from history and repression, truth-telling is consid- and to determine both individual that establishing a truth-seeking ered as a powerful tool for the victims and state accountabilities. body is not intended only for the pur- and their families to express them- The Philippines likewise, recog- pose of creating a legal body for in- selves and to seek justice and also for nizes the importance of the truth. vestigation but a forum for public society to preserve its collective mem- The present administration of engagement, particularly for the vic- ory. The increased level of public in- President Benigno C. Aquino III tims and their families. Truth seek- volvement in establishing truth is also (PNoy) acknowledged the need to ing is not just limited to knowing the

52 specific forms of vio- lations but to draw greater attention to the root causes of such violations in- cluding large-scale corruption and bra- zen disrespect of hu- man rights. In the absence of such mechanism to know and establish the truth behind these human rights issues especially in cases of enforced disappearances in the country, the Asian Federation Against Involuntary Disap- pearances (AFAD) and the Families of Truth-Telling Conference 2012 with FIND Deputy Secretary General Wilma Tizon and Chairperson Victims of Involun- Nilda Sevilla at the House of Representatives. Photo: DARWIN MENDIOLA tary Disappearance (FIND), saw the dire need to organ- has been searching for him With teary eyes and hushed ize a Truth Telling Conference in everywhere but to no avail. Except voice, Linda Malicdem spoke about order to provide a venue for the for their mother, the whole family the disappearance of her husband victims to give accounts of their was jailed for being subversives. Jaime Malicdem. Before his experiences, relive their flight and disappearance, her husband was a agony and demand for knowing the Louie Crismo, struggling to control community organizer who truth and attaining justice from the his emotions, spoke of his brother, disappeared on 8 October 1987 government. This activity was held Prof. Romy Crismo who disap- while working for the rights of urban on 31 May 2011 at the Minority peared on 12 August 1980 in poor sectors. She clearly related Hall in the House of Representa- Tuguegarao. He recalled that his how she looked for him at the tives, Quezon City. It was attended brother, a professor of St. Louis Paranaque police station and at by more than a hundred partici- and Cagayan Teachers’ College Camp Bagong Diwa but no pants coming from civil society, during Martial Law was convinced information was given to him. But government agencies and organiza- that as an educator, he should despite her husband’s tion of families of the victims. teach his students about the disappearance, she tried her best During the conference, five fam- social realities that were charac- to tend to the need of their family ily members and two surviving vic- terized by repression and oppres- while still searching for him and tims of torture and enforced disap- sion. His brother’s political convic- hoping for his return. pearance presented their cases tion caused him his dear life. The before the panel of reactors from family only learned about his Cora & Butch Fortuna spoke about various government offices. disappearance three days after. their son Darryl, who went missing His brother’s wife went looking for together with his classmate Jinky Professor Estelita del him from campus to campus. Garcia on 9 March 2010 when the Rosario related her family’s experi- His family visited military two went to Masinloc, Zambales to ence in the disappearance of her camps only to be denied. The then conduct a research on the effect of brother, Charlie del Rosario, the Ministry of Defense responded to coal-fed power plant to the fisher first documented Filipino Desa- their inquiry with a sheer denial folk community. In between sobs, parecido. She recalled that on 11 that his brother was never they related their effort to locate June 1974, at the height of martial arrested. There was no record that Daryl’s whereabouts by going to law, Charlie, as witnesses re- he was in jail. But the family Camp Magsaysay and police counted, was on his way to a meet- strongly believed and continues to precincts only to be told that their ing when group of armed men ac- believe that the military was son might be a member of the rebel costed him. He has never been behind Romy’s sudden group, New People’s Army. seen again. Since then, her family disappearance. The parents also heard the accounts of the witnesses who saw 53 their son and two others being “Meralco-Nawasa” treatment— The panel was composed of dragged to known military vehicles but electricity and water torture. Such Representative Edcel Lagman of were afraid to speak publicly for fear torture was inflicted to force them Albay, main author of the anti- of reprisal from the military. Until now, to admit that they were top rank- enforced disappearance bill filed Cora and Butch continue to look for ing officials of the Communist in the House of Representatives, pieces of evidence and possible Party. The torture he endured Hon. Loretta Rosales, chairperson of witnesses that can lead them to caused infection on his genital. the Commission on Human Rights, their son. He could still recall the pain of Col. Domingo Tutaan, head of the torture. When he resurfaced in Armed Forces of the Philippines Hu- Boyet Itukal, a former member of 1986, he went back working for man Rights Office and Gen. Clarence Kabataan para sa Demokrasya the cause of the workers and it Guinto, head of the Philippine Na- (KADENA) in the 80s recalled the day became his personal crusade to tional Police Human Rights Office. when he was picked up in 1988 by help the families of his comrades While the panel members ex- the contingent group of military and who also disappeared and were pressed their commitment to help the police in plain clothes. He not lucky to resurface alive. the victims and their families to seek remembered how the arresting truth and justice, Rep. Edcel Lagman officers dragged him and hog tied him Colonel Olegario, a retired navy reiterated that although the truth inside a vehicle on their way to an officer related the disappearance telling conference may not be an unknown safe-house. There, he of his son, Nilo Olegario on 18 official mechanism, the “event experienced all forms of torture - from December 1983. He believed that should not just be a ritual but a spur water cure to electric shock. The worst his knowledge on the planned as- on the advocacy” to end impunity that he experienced was when he was sassination of the late Sen. Ninoy and stop enforced disappearance. taken outside and ordered to dig his Aquino was the reason for his Whether the process of allowing own grave. But luckily he was spared. son’s disappearance and also his the victims and their families to His guard even agreed to send a letter son’s active involvement in the share their testimonies may be offi- to his parents that led his parents to August Twenty-One Movement cial or not, any truth telling and truth know his whereabouts and to seek (ATOM). He recalled that when seeking exercises constitute the in- legal assistance. His personal Gen. Fabian Ver asked him to ternationally recognized “right to experience led him to join FIND and pledge to him, he politely declined, know the truth.” In fact, the United become an advocate for the forcing him and his family to move Nations General Assembly through a disappeared. to the United States. But his son resolution proclaimed on 10 Decem- Nilo opted to stay and be part of ber 2010, the International Day for Romy Castillo, a labor leader and the social movement. In 1984 the Right to Truth regarding gross surfaced victim had vivid recollection when he learned that his son dis- human rights violations and the dig- of his disappearance and torture on appeared, he went back to the nity of victims to be observed every 23 July 1984 in Antipolo. He was one Philippines to look for him but 24th March – the anniversary of the of the victims of a highly publicized without success. After years of assassination of El Salvador’s case known as “Antipolo 5,” where searching, he went back to the US Archbishop Oscar Arnulfo Romero. labor groups demanded their to forget what happened. He came This shows that “the right to know immediate release. According to him, back with the hope that the cur- the truth” is not only an indispensa- it happened when their headquarters rent president (President Noynoy ble right but a necessary step to- in Antipolo was raided by the military. Aquino) will keep his promise to wards ending impunity. The past is He and four of his colleagues were give justice to those who suffered here to stay, but knowing the truth taken in Camp Karingal where they he under Martial law. offers a way for the society to put a were subjected to the so-called the A panel of reactors was invited closure of its past and heal the to listen to the testimonies wounds of divisions based upon the of the families and the vic- recognition of human dignity and tims and to give their own integrity. responses.

Families of the victims of enforced disappearance at the Truth-Telling Conference. Photo: FIND

54 Odhikar Observes PRESS RELEASE International Justice Day 17 July 2012

International Justice Day is ob- all corners of the world.” served throughout the world on July On this occasion, the 17th to commemorate the adoption Coalition for the of the Rome Statute for the Interna- International Criminal tional Criminal Court by the interna- Court (CICC) of which tional community. Odhikar has been Odhikar is a member, observing the International Justice called on all Day for many years now. The day has governments to make a added significance this year as the firm commitment to ICC is also celebrating its 10th year prioritizing international with 121 State Parties and 139 signa- justice and to hold tories. The ICC has been dealing with accountable those who the most serious crimes of interna- are suspected of tional concern — genocide, war committing the crimes crimes, and crimes against humanity. against humanity. It is, however, yet to exercise its juris- To observe International Justice Khan, Secretary, Odhikar. He diction over the crime of aggression, a Day, Odhikar held a discussion on welcomed the new Chief very serious crime that threatens in- 17th July 2012 in Dhaka. Speakers Prosecutor of the ICC but said, ternational peace and security. recalled the contribution of Odhikar “Now is the time for the ICC to also The international community has in the ratification campaign in focus on other parts of the world, to go a long way to make the ICC a Bangladesh that ultimately led to the like Afghanistan, a State Party, truly global justice institution. Adilur ratification of the Statute by where crimes are, to this day, Rahman Khan, Secretary, Odhikar Bangladesh. being perpetrated while the said, “More efforts are needed by the “It was a historic and delightful situation is, as we understand, still civil society networks and State Par- day for Odhikar when the statute under the Chief Prosecutor’s ties to the ICC to further invigorate was finally ratified by Bangladesh on consideration for last many years.” the ratification campaign, to reach 23 March 2010, said Adilur Rahman He added, “The ICC must be more active and global in its approach.” Dr. Tasneem Siddiqui, Founding Chair, RMMRU noted with concern that some of the State Parties to the Rome Statute as well as other States, who are obliged to cooperate with the ICC, are markedly reluctant to do so. She called upon all States to support the ICC in its pursuit for justice and international rule of law. The meeting was presided over by ASM Nasiruddin Elan, Director, Odhikar while Shahiduzzaman, Chief of the Correspondents, New Age: Taskin Fahmina, Researcher, Odhikar; Mustain Zahir, Executive Director, Fortnightly Chintaa; and Sazzad Hussain, Program Coordinator, Odhikar spoke. .

55 ICAED members at the International Conference on Enforced Disappearances in Geneva. Photo: ICAED FILE International Week of the Disappeared 2012: ICAED Vows to Continue Its Campaign for Ratification of the Anti-Disappearance Convention 27 May –June 2, 2012 when it is committed against pregnant its mandate of lobbying for the Conven- women and children because it also tion, recruiting member-organizations, Every last week of May, the interna- violates women’s and children’s rights. organizing important meetings and tional community, especially the associa- The cycle of victimization caused by events, it can certainly further streng- tions of families of the disappeared, enforced disappearances is without then itself and expand its membership, commemorates the International Week end. Families and relatives left behind especially in countries with the worst of the Disappeared (IWD). The com- are deprived of the truth, bereft of jus- cases of disappearances. The consoli- memoration of the IWD can be traced to tice and worse still, are often sub- dation of existing membership and its the Latin American Federation of Asso- jected to persecution. expansion, complemented with capac- ciations for Relatives of the Detained- To date, the International Conven- ity-building, will go a long way towards Disappeared (FEDEFAM), which initiated tion for the Protection of All Persons mustering strength to combat enforced this event during its founding Congress from Enforced Disappearance (the disappearances and impunity. Hand in in San Jose, Costa Rica in 1981. Over Convention) has been signed by 91 hand with civil society, the Coalition the past thirty years, this event has in- States and ratified by 32. The number can better fulfill its mission to convince spired many organizations world-wide to of signatures and ratifications pales in governments to ratify the Convention, fight enforced disappearances. comparison with the 57,771 out- recognize the competence of the UN This week, in the observance of the standing cases from 87 countries that Committee Against Enforced Disap- International Week of the Disappeared, rest with the UN Working Group on pearances, codify the offense in their the International Coalition Against En- Enforced or Involuntary Disappear- respective penal codes, fully imple- forced Disappearances (ICAED) and its ances (as per their 2011 report). ment the treaty, ensure truth, justice, 40 member-organizations from Africa, These figures represent human suffer- redress and non-repetition. These are Asia, the Eurasian Region (Euro- ing of the disappeared, their families all important steps to end impunity Mediterranean Region, Caucasus and and the greater society – a festering and preserve the historical memory of Belarus), Latin America and United wound that refuses to heal. the disappeared. States of America will conduct various Most member organizations of More than thirty years had passed activities to intensify its campaign for the ICAED from Namibia, Zimbabwe, South since our Latin American sisters and ratification of the International Conven- Africa, Cyprus, Morocco, Georgia, Leba- brothers initiated the International tion for the Protection of All Persons from non, Belarus, Russia, Iraq, Jammu and Week of the Disappeared. It is high Enforced Disappearance (the Conven- Kashmir, Indonesia, Timor Leste, Sri time to end enforced disappearances tion) and in so doing, pay tribute to the Lanka, Nepal, Philippines, Pakistan, NOW! disappeared. Bangladesh, Thailand, Guatemala, El As an apt tribute to the desapareci- Enforced disappearance is extremely Salvador and Peru are confronted with dos of the world, the ICAED vows to disturbing because it violates the human the innumerable consequences of en- continue convincing UN States to sign rights of both the disappeared person forced disappearance, such as repri- and ratify the Convention NOW! and their family. It does not recognize sal, intimidation, denial of state re- Justice for All Desaparecidos of the the victim as a person. sponsibility and grave threats by the World! It strips a disappeared person of the governments’ security forces. Adding Sign and Ratify the International right to be protected by the law, which is insult to injury, most states are notori- Convention for the Protection of All recognized under Article 6 of the Univer- ous for refusing to cooperate in bring- Persons from Enforced Disappearance sal Declaration of Human Rights and ing perpetrators to justice. NOW! Article 16 of the International Covenant Much as the ICAED has made im- on Civil and Political Rights. portant accomplishments during its International Coalition Against This crime is especially alarming five-year existence by carrying out Enforced Disappearances (ICAED)

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