Special Report on Impunity

making space for peace

Special report

Promoting nonviolence and protecting human rights since 1981

PBI is an international NGO that has been

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protecting human rights and promoting £

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nonviolence since 1981. On request, we send §

teams of international volunteers to areas of

repression and conﬂ ict to provide an international

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presence and protective accompaniment to

local human rights defenders, civil society

organisations and communities whose lives and ¨

work are threatened by political violence. Our

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work is based on the principles of nonviolence,

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non partisanship and non-interference in

the internal affairs of the organisations we

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of conﬂ icts cannot be imposed from outside.

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PBI teams physically accompany those at

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risk. The volunteers represent international

PBI Mexico volunteer visible reminder to the perpetrators of violence

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that their actions will have repercussions 1

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. D 2 / We dedicate this publication to Mexican nationally and internationally. It assures 6 environmental rights defender Felipe activists that they are not alone, that their work Arreaga Sanchez, who died in an accident is recognised and that their suffering will not on 16 September 2009. Felipe was co- go unnoticed by the outside world. Thus the founder of the Organisation of Peasant presence of volunteers not only protects, but authority: from soldiers at a local check point Environmentalists of the Sierra de Petatlán also provides moral support for the growth of to local commanders, to national governments (OCESP), who denounced the environmental civil society activism in repressive situations. and the military, to governments and and human consequences of indiscriminate Since 1981 PBI volunteers from more than 30 institutions internationally who can put pressure felling of forests. This work led to the countries have protected the lives of hundreds on governments to fulfi l their international assassination of OCESP members and of activists for social change in nine countries. obligations to protect their own citizens. PBI the detention of their leaders. Fearing for Our presence has enabled them to continue has also contributed to other protection tools his life, Felipe fl ed the community to hide and expand their work with greater confi dence such as the development and implementation in the mountains. In 2000, together with despite threats. of the EU guidelines on human rights defenders his wife, Celsa Valdovinos, he founded the PBI’s approach is based on the premise and the coordination of speaker tours in Europe Organisation of Women Environmentalists that human rights abuses require the silence, and North America to raise our own profi le of the Sierra de Petatlán (OMESP). In 2005 acquiescence, or collaboration of players at and that of those we accompany. In this way Felipe spent ten months in prison on false local, national and international levels. Therefore global political pressure together with physical charges of murder. The same year, Felipe physical accompaniment is complemented accompaniment opens space for human rights was awarded the Chico Mendes prize for by documentation, networking and advocacy defenders, civil society organisations and the environment by the Sierra Club. PBI to exert pressure at all levels in a chain of communities to carry out their work. began accompanying Felipe Arreaga and Celsa Valdovinos because of the threats they faced due to their environmental work. It was an honour for all those fortunate Silence-Impunity-Confl ict: breaking a dangerous cycle page 3 enough to have had the opportunity to know Colombia: forced disappearances, displacement and impunity page 4 Felipe Arreaga. PBI remains committed to Guatemala: The International Commission against Impunity page 6 continued accompaniment of OMESP for Human rights and hate crimes: sexual identity page 7 as long as our presence is needed. Barriers to justice in Mexico page 8 The search for justice for crimes of the past: Tita Radilla and AFADEM page 9 Military and police in Indonesia: a culture of impunity page 10 COVER PHOTO Human rights Papua: truth, justice and reparations page 11 organisations including Association of the Nepal: the search for justice page 12 Families of the Detained – Disappeared Organisations accompanied by PBI page 14 (ASFADDES) gather in Colombia in May 2009 Recommendations page 15

to remember the detained and disappeared. List of PBI contacts page 16

¡ ¢ 2 Special Report mpunity exists when a country fails international humanitarian law, especially in Amnesty International has described to investigate and punish crimes. areas with little or no civilian state presence. how impunity, together with the norms The United Nations (UN) recognises In Nepal, impunity, the Disappearances Bill, that allow it to perpetuate, serves to “that the practice and expectation of impunity truth and reconciliation, and the protection institutionalise injustices carried out by for violations of international human rights or of human rights defenders and victims, have those who should be applying the law. humanitarian law encourages such violations received little attention. According to Amnesty Victims of human rights violations are and are among the fundamental obstacles International, “no perpetrators of human rights stripped of three basic rights: the right to to the observance of international human abuses, whether committed by State security truth, the right to justice, and the right to rights and humanitarian law and the full forces or members of the CPN-M (Communist reparations are vital. 9 implementation of international human rights Party of Nepal - Maoist), have so far been and humanitarian law instruments.” brought to justice.” 5 Human Rights Watch be insuffi cient, especially if political, military PBI has learned from 28 years of providing reports that no “meaningful action [has been and fi nancial structures remain. 8 The UN and an international presence and protective taken] on disappearances, killings, torture, the State can protect victims in the search accompaniment of those whose lives are and other serious abuses.” 6 In June 2007, for justice by bringing together human rights at risk, that silence is the cloak of impunity. the UN Special Rapporteur on the situation of organisations. The UN and Inter-American Victims and observers identify a clear link human rights defenders visited Indonesia and systems of human rights provide recourse between impunity and criminality. In Guatemala, expressed concern about “continuing activities to victims of endemic impunity, but more Colombia, Mexico, Nepal, and Indonesia, the of the police, the military and other security needs to be done to address the roots of the State stands accused of systematic unlawful and intelligence agencies that are aimed at problem. An international presence such as that killings, disappearances, ‘social cleansing’ harassment and intimidation of defenders or provided by PBI dissuades abuses and supports and the baseless prosecution of human rights restrict their access to victims and sites of local efforts to document and survive human defenders. PBI protects those who work to human rights violations.” 7 rights violations. Community leaders, peasant break cycles of silence, impunity and confl ict. Dealing with political and criminal violence farmers, indigenous peoples, Afro-descendents, Criminality in the countries where PBI is a continuing challenge. In a February 2008 human rights lawyers and members of civil works has reached such high levels that the report by the Myrna Mack Foundation (MMF) society are threatened for defending the rule of law and the integrity of State institutions about justice in Guatemala, the organisation rule of law, and killed for their persistence in is being undermined. In Guatemala, the UN noted that “merely declaring paramilitaries and seeking the truth. The international community Special Rapporteur on the situation of human guerrilla groups to be ‘illegal armed groups’ through observation, oversight and dialogue, rights defenders confi rmed the existence of is insuffi cient to stop disappearances” and can effectively support nonviolent security “parallel powers.” 1 Powerful business leaders, deeming them ‘paramilitary groups’ could also and methods of resolution in situations where

former intelligence and military personnel human rights are at risk. At important junctures

¡ ¢ ¡ £ ¤ ¥ ¡ ¦ £ ¢ § ¡ ¦ ¨ © ¥ ¤ ¤ ¡ ¤ and government officials “are believed to of a conﬂ ict, hearing the victims can mean

be settling scores, executing enemies, and the difference between building peace and

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advancing their illicit interests in a context of perpetuating violence. Their voices break the

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near total impunity.” 2 In Colombia, the UN cycle of silence, impunity and conﬂ ict.

1 Hina Jilani, “Guatemala: Defenceless defenders”, InfoSud Hu-

§ ¤ ¡ £ ¦ ¡ ¥ ¢ ¤ Disappearances noted, “It has been suggested man Rights Tribune, www.humanrights-geneva.info/guatemala-

that the paramilitary forces ‘control’ 30 per defenceless-defenders,2776, 22 February 2008.

¦ ¡ ¥ ¢ £ ¢ § ¨ ¦ £ ¢ § ¡ 2 Washington Ofﬁ ce on Latin America, “The Story of the CICIG cent of the parliament and ofﬁ cials such as and Impunity in Guatemala”, http://wolablog.typepad.com/

governors or mayors. Colombia may confront weblog/2008/12/the-story-of-the-cicig-and-impunity-in-guatema-

¡ ¢ £ ¨ ¤ ¦ ¤ ¥ § la-.html, December 2008. a process of institutionalisation of the

3 UN Working Group on Enforced Disappearances, Colombia

¤ ¦ ¦ ¡ £ ¦ ¥ ¤ ¥ paramilitary forces.” 3 With over 70 Congress © Country Mission Report, E/CN.4/2006/56/Add.1, p9, 2006.

¡ ¢ ¤ ¡ § © ¤ § © ¨ ¤ ¥ § members under investigation for alleged ties ¢ Manuel Olivares, Director of the Jose Maria Morelos y Pavon

Regional Human Rights Centre, 3 August 2007.

¤ ¤ ¡ ¤ ¡ £ ¦ ¡ ¥ ¢ £ to paramilitaries, these comments have proven 5 Amnesty International, “Cycle of Impunity Raised with Nepal’s

to be prophetic. In Mexico, impunity fosters President and UN High Commissioner,” 17 March 2009.

¨ ¦ ¤ ¥ ¦ ¡ ¤ ¤ ¥ § ¢ ¢ ¨ corruption and impedes the functioning of 6 Brad Adams, Human Rights Watch, “Nepal: End Cycle of Impu-

nity and Deliver Justice to Victims, 11 September 2008.

§ ¢ ¤ £ ¦ ¥ ¤ £ ¥ ¤ ¦ £ ¤ ¡ ¤ § ¥ public institutions. According to leading human

7 UN Human Rights Council, Press Release: Special Represent-

¤ ¤ ¡ ¢ ¡ £ ¤ ¥ ¨ ¤ § ¨ ¦ rights defender Manuel Olivares, “due to ative of the Secretary-General on the situation of human rights

defenders concludes visit to Indonesia, 12 June 2007.

¡ ¢ ¨ ¨ ¤ § ¥ ¤ ¤ ¢ ¡ corruption, someone who is responsible for a ¦ 8 Myrna Mack Foundation, Consideraciones sobre la impunidad

crime is innocent, and those who are innocent en Guatemala: la conﬁ guración de una masiva violación de dere-

¤ £ ¥ £ £ chos humanos, February 2008. have to ﬁ ght for justice.” 4 The use of the army 9 Amnesty International, Injustice and Impunity: Mexico’s Flawed to confront criminal gangs presents difﬁ culties Criminal Justice System, February 2007.

for protecting civilians from combatants under

¡ ¢ Special Report 3 t is said that Colombia’s 60-year surveillance by State security agencies. Nine Disappearance to help to eradicate a practice civil war has left 44 million direct years have passed since Ángel and Claudia’s that has claimed 51,000 lives worldwide, and indirect victims and continues disappearance without truth or justice. according to the UN Working Group on Enforced to claim the lives of civilians 10 despite the “To tell the story of ASFADDES, we must or Involuntary Disappearances. This fi gure is demobilisation of many paramilitaries over the begin by declaring that forced disappearance the “tip of the iceberg, since many cases do past fi ve years. Guerrilla forces such as the FARC is a State crime, which began in the 1970s not come before the working group.” 20 and ELN may be politically outmanoeuvred as part of national security policy. It has been Those working to highlight forced and militarily contained, but according to used as a tool of repression, to eliminate disappearance and other human rights media and eyewitness reports, fi ghting for the political opposition,” explains Gloria Gómez, violations are themselves often at risk. country’s resources continues in rural areas ASFADDES national coordinator. Despite Inter-American Court of Human Rights between the military, guerrillas and a plethora Enforced disappearance is “the abduction of protective measures, and PBI accompaniment, of illegal armed groups drawn from remnants a person against their will, without a warrant, and forced disappearances continue. ASFADDES of former paramilitary structures. Colombia has the refusal to disclose their whereabouts,” says hopes that “finally the State will publicly an estimated four million internally displaced Gómez. “It destroys the family unit and any kind demonstrate political will by effectively people, second only to the Sudan. An estimated of social struggle because it leads to uncertainty, investigating the whereabouts of the six million hectares of land have been violently anxiety, fear and terror.” The relatives of the disappeared and punishing those responsible, expropriated from the rightful inhabitants. 11 disappeared conduct their own searches by including State crimes, so that we can fi nally Human rights organisations estimate that meeting with authorities, and visiting prisons work on restoring memory, dignity and in 78.9%12 of cases of extrajudicial executions and known dumping grounds for dead bodies. reputation to our loved ones.” allegedly committed by the army no charges “We have an increase in disappearances and at In January 2009, ASFADDES was threatened have been successfully brought against the the same time an increase in unidentifi ed bodies by a group calling itself the ´Black Eagles New material or intellectual authors. Colombia is the burned with acid, mutilated and in advanced Generation´ after attending the exhumation of most dangerous country in the world for trade states of decomposition,” says Gómez. Many those killed by paramilitaries in the massacre of unionists, 13 with 96.5%14 of their murders bodies have become numbers, buried in 16 May 1998 in Barrancabermeja. going unpunished. Those who investigate the common graves. 10 Departamento Administrativo Nacional de Estadistica (DANE), killings have been publicly vilifi ed by senior Nineteen associations from 13 countries Colombia population: 44,737,241, 10 December 2008 members of the government 15 who accuse form the Latin American Federation 11 CODHES, Supra No.10, Government fi gures indicate a 41% them of collaborating with the guerrillas. of Associations of Family Members of increase in displacement in the fi rst 6 months of 2008, Boletin 74. 12 Coordinación Colombia Europa Estados Unidos, Ejecuciones The majority of human rights violations the Disappeared. Colombian families heard Extrajudiciales : La realidad inocultable 2007-2008. can be attributed to paramilitary groups. 16 stories of disappearances elsewhere. Gómez 13 ITUC, Annual Survey of violations of trade union rights, This notwithstanding, in 2006, 99.9% of remembers how alone the families felt during 2008. 14 de facto US Leap, Why Are Union Members Murdered in Colombia?, paramilitary troops were granted a the early years. “Society was completely http://www.usleap.org/fi les/Impunity2007.pdf, 2007. amnesty by the government. 17 In May 2008, indifferent to a reality that was only just 15 President Álvaro Uribe, 25 June 2007, www.presidencia.gov. Colombia extradited 15 key paramilitary leaders coming to light. When we went on marches co/prensa_new/sne/2007/julio/25/092522007.htm. 16 Comisión Colombiana de Juristas, 2002-2006 Situación de to the US on drug traffi cking charges, thus people... would shout and jeer at us.” derechos humanos y derecho internacional humanitario, Re- curtailing proceedings against them as part of ASFADDES has secured important sponsibility: State agents directly 14.17%, paramiliitary groups 60.98% and guerrillas 24,83%, Supra No.4, p23, 2006. the demobilisation process. Whilst they may advances: the inclusion of article 12 of the 17 Comisión Colombiana de Juristas, of more than 36,000 de- face longer sentences in the US, access to 1991 Constitution which prohibits forced mobilised paramilitaries, less than 300 are being processed under Law 975 of 2005. justice for victims, many of whom live in acute disappearance, torture or inhumane treatment 18 Attorney General’s Offi ce, Deutsche Presse Agentur, www. poverty, is unlikely. Unless the assets or lands and the recognition of forced disappearance reliefweb.int/rw/rwb.nsf/db900sid/VDUX-JCSZX?OpenDocume nt&query=disappearances&rc=2. seized are earmarked for victims, restitution for as a crime under Law 589 of 2000, which 19 Enforced Disappearances Information Exchange Center, “UN their loss is impossible. created the National Search Commission for warns about forced disappearances in Colombia”, www.ediec. org/news/newsitem/article/un-warns-about-forced-disappearanc-

Disappeared Persons and granted rights for es-in-colombia, 27 July 2008.

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family members. However, no one has been 20 Attorney General’s Ofﬁ ce, in Deutsche Presse Agentur, www.

§ © ¦ § § ¥ reliefweb.int/rw/rwb.nsf/db900sid/VDUX-JCSZX?OpenDocume sentenced and the Urgent Search Mechanism nt&query=disappearances&rc=2. At least 25,000 people have been forcibly created under the law has failed to find 21 Instituto Colombiano de Desarollo Rural (INCODER), disappeared in Colombia 18 and new cases anyone alive. “The Single Registry System Resolutions 2424 and 2159 of 2007 and Notary and Registrar Superintendent Resolutions 3617, 6286, 6525, 6524 and 6523 continue to occur. 19 Ángel Quintero and for the disappeared should also be used more of 2007. Claudia Monsalve, members of the Association effectively. People know where the mass 22 Letter from 15 human rights organisations to the US State Department, 25 July 2007. of Family Members of the Detained and graves are.” Gómez explains. 23 Process 3856, investigation of 23 palm-oil businessmen and Disappeared (ASFADDES) were disappeared ASFADDES has called for all countries to land agents, 23 December 2008. in Medellin on 6 October 2000. Before his ratify the International Convention for the 24 Human Rights First, “Baseless prosecutions of human rights defenders in Colombia: In the dock and under the gun”, Febru-

disappearance, Ángel was subjected to Protection of All Persons from Enforced ary 2009.

¡ ¢ 4 Special Report PBI volunteer Moritz Hartnagel with small farmers from Curbaradó, where villages were burned and communities destroyed to make way for African palm plantations and cattle ranches. No one has been held responsible for the attacks.

In September 2007 Miguel and Ualberto of human rights violations carried out against exposed the fi nancial structures of paramilitary Hoyos, leaders of a displaced community, members of the community, including the organisations throughout Colombia, was were shot by would-be assassins acting on killings of over 170 members since 1997. In pulled into a truck at gunpoint and forced behalf of those seeking the return of thousands February 2005, in the hills of the Serranía de to lie face down as he was threatened and of hectares of Afro-Colombian collective Abibe, Luis Eduardo was murdered along interrogated. To date, no arrests have been territories illegally 21 occupied by African with seven other people, some of them made in connection with the case. palm plantations and cattle ranchers in the small children. The government blamed the Carmelo Agámez is the regional secretary Curbaradó region in northwestern Colombia. guerrilla, but after years of pressure from the of the National Movement for Victims of State The Hoyos brothers were witnesses to the international community, the truth emerged: the Crimes in Sucre department on Colombia’s 2005 disappearance of Orlando Valencia, massacre happened because of collaboration Atlantic coast. He receives precautionary who also denounced illegal African palm between the army and the paramilitaries. In measures from the Inter-American Human cultivation. The brothers survived, but on 14 the days after the massacre, PBI accompanied Rights Commission. His work led to the October 2008, the day he was called to act community leaders to fi nd those who had died. incarceration of several offi cials accused of as a witness in the Valencia case, Ualberto In July 2007, community member Dairo Torres corruption and collusion with paramilitary was shot dead in front of the community was seized from a public vehicle and executed groups. On 15 November 2008 he was he struggled to protect. Paramilitary by presumed paramilitaries on the road to arrested for conspiracy to commit a crime troops displaced people through selective Apartadó. 22 The case of the 2005 massacre with paramilitary forces and jailed alongside assassinations and massacres. Villages were is one of the few in which there is hope for the same people he had been investigating, burned and communities destroyed, their justice; however Dairo’s death, along with putting his safety at great risk. The reliability homes and cemeteries bulldozed and paved many others, remains unsolved. of the witnesses and the veracity of their over with palm plantations. No one has been Colombian human rights organisations that evidence has been called into question by held responsible and most of the land taken support and accompany peasant and Afro- international human rights organisations 24 illegally has yet to be returned to its rightful Colombian communities are also victims of and is one example of a pattern of impunity. owners. threats and intimidation that go un-investigated Unfounded prosecutions such as these Luis Eduardo Guerra was the legal and un-punished. On 3 September 2008 undermine a judiciary overburdened with representative of the San José de Apartadó Yimmy Jansasoy of the Inter-Church Justice genuine cases and are used to paralyse Peace Community in the department of and Peace Commission, an organisation that efforts to investigate or prevent human rights

Antioquia. He sought justice for the hundreds has protected hundreds of witnesses 23 and abuses.

¡ ¢ Special Report 5 mpunity in Guatemala is a structural launched on 11 January 2008. The Commission’s problem affecting public institutions mandate is to detect illegal security entities and society as a whole. In February and clandestine organisations, collaborate 2009 the Myrna Mack Foundation (FMM) with the State in dismantling them, promote examined how the administration of justice the investigation, criminal prosecution and is a source of impunity, 25 identifying failings punishment of crimes committed by their at all stages of investigation and prosecution. members, and recommend State policies to Additional underlying contributory factors are eradicate these organisations and prevent corruption, technical defi ciencies, the absence their resurgence. This allows it to conduct of oversight mechanisms and lack of political independent investigations and act as a co- will. As the study reveals, this translates into plaintiff, supporting Guatemalan authorities a near complete failure in the application of in prosecuting cases in the courts. The justice enabling those responsible to continue Commission differs from international courts in their illegal operations, thereby consolidating that it works through the local judicial system and increasing impunity. and in close collaboration with Guatemala’s Journalists, indigenous, peasant and trade Public Prosecutor’s Offi ce (MP) and the National union leaders, all become targets, along Civil Police (PNC). In addition to seeking with gay, lesbian and transgender people, convictions, the Commission’s objective is to political opponents, members of the judiciary, strengthen the national criminal justice system academics, and organisations that document so that it can be effective in these types of human rights abuses. Violence has reached cases. In April 2009, CICIG’s mandate was extreme levels. The failure to protect those extended until September 2011. who denounce powerful criminal interests or In its fi rst annual report in September 2008, State responsibility for human rights violations PBI accompanied the National Coordination CICIG concluded that it is the Guatemalan foments the continuation of cycles of violence of Widows of Guatemala (CONAVIGUA) during government’s responsibility to dismantle by giving a sense of power and confi dence to an exhumation in Zacaulpa, department of illegal entities and clandestine organisations. perpetrators that they will not be sanctioned. Quiché, 2004. CICIG has pledged to continue providing Levels of impunity for attacks against human full support to the government to achieve rights defenders are alarming. The UN Special Rapporteur on the situation of human rights this, asserting that the collaboration of State

defenders found that: “Factors like extremely institutions is fundamental. “The Guatemalan

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¤ unequal income distribution, rampant violence government should ensure that all court

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£ and organised crime, almost total impunity ofﬁ cers responsible for the fair application of

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and the inﬂ uence of ´parallel powers´ have justice can operate in an atmosphere free of

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which human rights defenders work.” 27 states, noting that at least eight public security

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for attacks against human rights defenders with information on high-proﬁ le cases, were

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makes justice an empty word in Guatemala,” assassinated in 2008. “A close analysis of

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£ the Rapporteur stated, also highlighting the the sentences handed down shows that the

¦ ¤ ¨ ¤ ¨ ¤ ¤ § fact that “two State institutions that should level of efﬁ ciency in the justice system is

¤ ¤ ¨ ¤ ¤ ¥ ¨ be in the frontline in providing protection unacceptable,” it reports.

and redress against these attacks are part

¨ § © ¤ ¥ ¤ ¨ ¤ 25 Myrna Mack Foundation, Consideraciones sobre la impunidad

of the problem – the police and the Attorney en Guatemala: la conﬁ guración de una masiva violación de dere-

¤ © ¤ © ¤ ¨ © © ¨ General’s Ofﬁ ce.” chos humanos, February 2008, p1.

¨ ¨ Myrna Mack Foundation, Opinión en relación con el docu- The Commission against Impunity in mento de propuesta “Acuerdo nacional para el avance de la

seguridad en Guatemala”, 19 December 2008, p4.

£ 27 collaboration between government, civil Human Rights Tribune, “Guatemala: defenceless defend-

ers,” www.humanrights-geneva.info/guatemala-defenceless-

! " # # $ % & ' ( " ) # * + ' " society and the UN. The result of a September defenders,2776, 22 February 2008. 2007 agreement between the UN and the 28 CICIG, Un a ño después, http://cicig.org/uploads/documents/ One%20year%20report--%20spanish.pdf, September 2008.

Guatemalan Government it was officially

¡ ¢ 6 Special Report when the often extreme brutality of the attack Between January and September 2009 captures media attention. PBI activated its support network to In many cases heard by OASIS, potential express concern for the security of Jorge evidence is not recorded because survivors are López. After denouncing irregularities too afraid to speak, or because the authorities by the Public Ministry he was subjected he Organisation to Support an are unprepared or unwilling to deal with the to criminal proceedings by the same Integrated Sexuality to Confront AIDS crimes. Witnesses are forced into exile. In ministry. In September 2009 the (OASIS) promotes and defends the most cases OASIS identified the national presiding judge declared the accusations rights of sexually diverse communities 28 and police and army as the aggressors, with private against him inadmissible and dismissed persons suffering from HIV-AIDS. It documents security guards also implicated but to a lesser the case. Although this was a positive the cases of human rights violations, and extent. Much religious discourse also tended outcome, the process negatively affected the exclusion and discrimination suffered by to promote and condone social prejudice. 33 Jorge’s health, liberty and personal life, the lesbian, gay, bisexual, transgender and OASIS describes other more subtle forms of calling into question his reputation and transsexual (LGBT) population. discrimination that nonetheless have a critical credibility, and reducing his capacity to On 17 December 2005, Paulina, an OASIS impact, for example, much-needed resources promote and defend the rights of those communications assistant, was attacked and to address the country’s AIDS epidemic of diverse sexuality (LGTB). The judicial killed by four presumed police offi cers. Her are simply not provided. This epidemic has process has also caused diffi culties for the friend Zulma Robles who, like Paulina, is a particularly affected the non-heterosexual work of OASIS, threatening the survival transgendered person, was also seriously population, and with it the country’s economic of the structure of the organisation. injured. No one has been prosecuted, and as and social development. Suffi cient measures What Jorge López has experienced is witness to the attack, Zulma’s life is at risk. have not been taken to prevent the spread not an isolated case in Guatemala, where The Inter-American Human Rights Commission of AIDS or to ensure that people who are human rights defenders are often subject ordered the State to protect the lives of OASIS HIV positive have access to dignified to unfounded criminal accusations. members, 30 and Guatemala’s own Human medical treatment. Social exclusion confi nes Rights Ombudsman found that the State had them to horrendous situations where they 29 Sexually diverse communities include lesbian, gay, bisexual, violated Paulina’s right to life and Zulma’s right are repeatedly denied the right to health, transgender and transsexual (LGBT) people. to safety and physical integrity. 31 education, work and cultural identity. 34 “Their 30 Precautionary measures of the Inter-American Commission on Human Rights, 6 February 2006. A report 32 by OASIS on human rights and lives can be taken without the need for 31 Human Rights Inspector General, REF EXP.ORD.GUA 1128- hate crimes motivated by sexual intolerance bullets or knives,” explains Jorge López, the 2005/DI. shows how violence and discrimination organisation’s director. 32 OASIS, La situación de los derechos humanos y los crímenes de odio por causa de la identidad sexual en Guatemala, 16 No- seriously affect the lesbian, gay, bisexual, The UN Special Rapporteur on extrajudicial, vember 2006. transgender and transsexual population. summary or arbitrary executions called for the 33 Ibid. Prejudice is deeply rooted, fed by the weakness State to “relentlessly root out the practice of 34 Ibid. of State institutions and the lack of political will `social cleansing´ by government bodies,” 35 35 Philip Alston, UN Special Rapporteur on extrajudicial, summary or arbitrary executions, Civil and Political Rights, Including to address persecution for reasons of sexual but OASIS members continue to be at risk of the Questions of Disappearances and Summary Executions, 19 identity. While homosexuality is not a crime physical attack. February 2007. under Guatemalan law, the rights of members of sexually diverse communities are neither recognised nor defended by the legal system, resulting in their persecution and de facto penalisation. The judicial process is used to disguise the social prejudice that motivates hate crimes. The study found that attacks were signifi cantly under-reported because victims know they will face institutional discrimination, overwhelming levels of impunity and social rejection. Violence, displacement and marginalisation force people into extreme poverty and violate their human dignity. Some become displaced after being rejected by their families. It is almost impossible to comprehensively document attacks because OASIS director Jorge López, with PBI UK volunteer Daniel Carey and Zulma, a witness to the murder they are often mislabelled as common of her colleague Paulina in 2005. No one has been prosecuted for Paulina’s murder and as a witness,

delinquency. They only gain public recognition Zulma’s life is at risk

¡ ¢ Special Report 7

he Office of the UN High by members of the Mexican army in 2002.

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Commissioner for Human Rights The Mexican military justice system reviewed £

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(OHCHR) in Mexico was invited by the the cases, and determined that the cases fell

¦ ¦ § ¤ ¤ government to conduct an assessment of the within their jurisdiction. The victims presented §

human rights situation. The report shows that appeals, arguing that their right to due process

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violations often go unpunished and highlights had been violated, and demanded that the

© ¤ § ¦ ¦ ¦ ¨ © structural defi ciencies in the justice system that crimes be judged in a civil court. The appeals ¦ have perpetuated this pattern. The assessment were rejected and subsequently the military also identifi es how the judicial system is misused justice system concluded its investigation by to allow some to avoid punishment while others shelving the cases, alleging lack of evidence. are convicted on the basis of ‘trumped up’ In December 2006, the Inter-American Human to validate the principle that it should be civil charges. These convictions are often associated Rights Commission accepted the cases of courts that judge the military in cases that with political objectives and without respect for Inés Fernández Ortega (Case 12.580) and involve civilians. 39 Military courts often fail to due process. 36 Valentina Rosendo Cantú (Case 12.579). condemn members of the army when they are The report notes that although Mexico Their cases were reviewed in May and July accused of crimes, further perpetuating cycles ratified the Inter-American Convention on 2009 respectively and are awaiting a final of impunity and violence. Forced Disappearance of Persons in 2002, it decision. 36 Offi ce of the OHCHR in Mexico, Diagnosis of the Situation of included a reservation and a declaration that Complaints against the military are Human Rights in Mexico, 2003. prevented its application to members of the systematically reviewed by the military justice 37 Ibid. military who commit unlawful acts while in system, or are sent by civil authorities to 38 UN Human Rights Council – Working Group on the Periodic Review, National Report Submitted in Accordance with Para- service. Mexico also attempted to prevent the the military jurisdiction. Mexico has ratifi ed graph 15(A) of the Annex to Human Rights Council Resolution 5/1 Mexico, February 2009. Convention from being applied retroactively. 37 international human rights treaties with 39 Offi ce of the OHCHR in Mexico, Diagnosis of the Situation of However, the nature of forced disappearance reservations or interpretive clauses, thus failing Human Rights in Mexico, 2003. as an ongoing violation makes non-retroactivity diffi cult to defend under international law. Human rights defenders and their families are subject to physical attacks, intimidation, defamation, and are falsely accused of crimes. This harassment often goes unpunished. In the UN Universal Periodic Review in June 2009, Mexico committed itself to protecting human rights defenders and working to end impunity. Specifi cally, they agreed to “assure that crimes and attacks against human rights defenders be effectively investigated and pursued through the justice system and to punish those responsible; assure that reports of aggressions, threats or acts of intimidation against human rights defenders be investigated quickly; and that instruments be put in place to guarantee their security.” 38 Despite this commitment, human rights defenders in Ayutla de los Libres, an indigenous municipality in the Costa Chica in the State of Guerrero, continue to face threats, harassment, and aggression. These threats have not been investigated, and have led to an increased sense of insecurity. Organisations have fi led cases on behalf of Valentina Rosendo Cantú and Inés Fernández, indigenous women from Ayutla de los Libres,

who have reported being raped and tortured Members of AFADEM in Mexico City with photos of the disappeared

¡ ¢ 8 Special Report ver 1,200 people were forcibly disappeared at the end of the 1970s and beginning of the 1980s in Mexico’s Dirty War. 40 Subsequently, their families often worked together in the search of information about the whereabouts of their relatives. This resulted in the setting up of the Association of Relatives of the Detained, Disappeared and Victims of Human Rights Abuses in Mexico (AFADEM) in 1977 with the aim of demanding the reappearance of the disappeared and calling for an end to all disappearances and impunity. 41 The family members of the disappeared initially faced decades of silence by the Mexican government. In 1999 AFADEM fi led a complaint with the National Attorney General’s Offi ce, PBI Mexico volunteer with Tita Radilla, vice president of AFADEM and the National Human Rights Commission once again carried out a review. The result was and perhaps ultimately to the recognition The crime of enforced disappearance a report on 532 cases of crimes committed by by the Mexican government of State use of is the arrest, detention, abduction or the State and included a recommendation that systematic repression during this period. any other form of deprivation of liberty the government investigate these crimes. 42 The case was heard by the Court in July by agents of the State or by persons AFADEM’s struggle for justice includes 2009. Tita explains: “We are asking for real or groups of persons acting with the a precedent-setting victory in March 2008, and effective investigations to find... our authorization, support or acquiescence when the Inter-American Court of Human disappeared relatives, and that they do not of the State, followed by a refusal to Rights accepted for consideration the 1974 just keep asking us for our testimonies... but acknowledge the deprivation of liberty case of the disappearance of Tita Radilla’s truly investigate those responsible for these or by concealment of the fate or father. This is the fi rst case from Mexico’s Dirty crimes.” whereabouts of the disappeared person, War to be tried by an international entity, and The Mexican government challenges the which place such a person outside the could lead to the prosecution of more cases, Court’s competency to try the case since protection of the law. 44 the disappearance occurred before Mexico

accepted the jurisdiction of the Court. PBI has been accompanying Tita

¡ ¢ £ ¤ ¡ ¥ ¡ ¦ § ¨ © ¨ § ¢

However, a lawyer for the case and director Radilla since 2003 as a result of the

¢ © ¡ § ¡ © £ £ § © £

of the Mexican Commission for the Promotion pressures and threats. As Tita and her

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and Defence of Human Rights argues that brother Rosendo explain, “PBI has been very

¡ ¡ © ¡ © § ¢ ¡ § ¢ ¨ § ¢ £ § ¢ £ because “structural impunity persists to this important throughout this process. PBI’s

day, the case falls within the jurisdiction of the accompaniment gives us strength, and a lot of

Court.” The deﬁ nition of forced disappearance security. PBI’s presence means that the State

¡ £ § ¡ £ ¦ ¡ £ © ¡ § ©

£ in the Inter-American Convention on Forced knows that the international community is

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Disappearance of Persons, states that forced watching this case. (...) These are very delicate

as the whereabouts of the victim remain attain justice and clarify the cases, and I think

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unknown. 43 that where there is impunity there is danger.”

¢ £ § ¡ ¤ ¡ ¡ ¡ § © ¡ £ © While Tita and her family await a Court

40 A “scorched earth” campaign executed by the Mexican gov-

¡ © ¡ © § ¢ £ § © § ¢ ¨ decision, they hope that they will at last learn ernment and military against rural guerrilla groups in the 1970s

(see LA Times: http://articles.latimes.com/2006/feb/27/world/

£ ¡ ¡ £ ¡ © § ¢ ¡ the truth and obtain justice and reparations not fg-mexico27).

only in the case of her father’s disappearance 41

¨ ¡ £ £ AFADEM. http://www.laneta.apc.org/afadem-fedefam/pre- but also other cases of disappearances. sentacion.htm.

! " # # $ They also ask for structural reforms that will National Human Rights Commission, Recommendation

26/2001, 27 November 2001.

% & ' ( ) * + ( , &- ( . / 0 1 2 3 2 4 5 6 prevent disappearances from recurring, such 43 Ibid. as restricting military jurisdiction to cases that 44 OAS, Inter-American Convention on Forced Disappearance of

do not involve civilians. Persons, Article II, 6 September 1994.

¡ ¢ Special Report 9 great many positive changes have Those allegedly responsible for human wounded. 50 In addition, Prabowo has been occurred in Indonesia since the rights violations, namely high-ranking State accused of the kidnapping and murder of pro- end of Suharto’s 32 years in offi ce offi cials, are rarely if ever prosecuted. The democracy activists during the late 1990s. 51 in 1998; arguably, this fl edgling democracy exception to this rule, however, came in 2008 Several leading human rights organisations enjoys far greater freedoms than previously with the Muchdi trial. Muchdi Purwopranjono, urged voters not to endorse these candidates, 52 and it boasts a well-respected image on the former Deputy Director of Indonesia’s National but the very fact that these individuals are able international stage. However, impunity is still Intelligence Agency (BIN), was charged with to take a leading role in politics is indicative of an inherent part of the culture of Indonesia’s masterminding the 2004 murder of human the kind of power still held by former military military and police. rights activist Munir Said Thalib. There fi gures. There are many cases of human rights were high hopes among the human rights 45 Section C (12), Concluding Observations of the Committee violations that remain unsolved, some community that this groundbreaking trial could against Torture – Indonesia, 40th Session, 28 April – 16 May stretching back decades; cases involving pave the way for the resolution of other cases. 2008, CAT/C/IDN/CO/2, 2 July, 2008. 46 Cases include Tanjung Priok (1984), Trisakti (1998), Semanggi extrajudicial killings, disappearances, torture, However, despite fairly compelling evidence I (1998), Semanggi II (1999) and the forced disappearance of stu- arbitrary arrests and detention. 46 The National and several questionable occurrences during dent activists (1997/98), fourteen of whom remain missing. 47 49 Sections C (23), (24) & (25), Concluding Observations of the Commission on Human Rights (Komnas HAM) the trial process, Muchdi was acquitted. UN Committee against Torture – Indonesia, 40th Session, 28 has investigated a signifi cant number of these Perhaps the most singular proof that April – 16 May 2008, CAT/C/IDN/CO/2, 2 July, 2008. 48 As of February 2007, there are two provinces that make up cases and urged the Attorney-General’s Offi ce impunity is alive and well was the candidacy Indonesia’s easternmost region: Papua with its provincial capital (AGO) to prosecute those responsible. Time for vice-president in the July 2009 elections Jayapura, and West Papua with its provincial capital Manokwari. For the purpose of these articles, the term Papua will be used to and again, however, the AGO has dismissed the of two former high-ranking military personnel: incorporate both provinces. Commission’s reports as not meeting required Wiranto, former Head of Indonesian Armed 49 Watch Indonesia! Press Release, 3 January, 2009. 50 Jakarta Globe, The Presidential Election: Bold, Odd and Unex- standards. In those rare instances where Forces (ABRI), and Prabowo Subianto, former pected, 17 May, 2009. prosecutions have taken place, convictions Army Special Forces (Kopassus) Commander. 51 Tapol, The Rise and Fall of Military Candidates in the Indone- have not followed. 47 Both men have been linked to the fatal shooting sian Elections, September 2008. 52 Demokrasi Tanpa Penegakan HAM Adalah Demokrasi Tanpa Within this context of widespread impunity of students at Jakarta’s Trisakti University in Makna, ‘Democracy without Upholding Human Rights is a De- and silence, security forces continue to commit 1998, and the Jakarta riots of May 1998, in mocracy without Meaning,’ Press Statement by a Coalition of human rights NGOs, including Imparsial, KontraS and the Legal Aid human rights abuses, especially in the more which thousands of civilians were killed and Foundation, Jakarta, 22 May 2009. remote areas of the country. In August 2008, for example, Opinus Tabuni was shot and killed, allegedly by security forces, while attending a A PBI field volunteer on accompaniment ceremony in Wamena, Papua 48 to mark the in remote regions of Papua UN International Day for Indigenous People. In spite of forensic tests and repeated calls for information from Tabuni’s family and human rights defenders, police have not yet named a

suspect, let alone charged anyone.

¡ ¡ £ ¡ ¨ £ § ©

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¡ ¢ 10 Special Report Nehemia and Peneas of BUK, one of the first grassroots organisations in Papua to focus solely on the victims of human rights violations.

n June 2007, Hina Jilani, the UN out ‘sweepings’ of student dormitories and

¤ ¢ ¤ § ¤ ¤ ¡ ¦

Special Rapporteur on the situation settlements, all of which were occupied

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of human rights defenders, visited by indigenous Papuans from the Central ©

§ ¨ ¡ © ¤ ¥ £ ¦ ¤ ¤ ¦ Indonesia and expressed her concern about the Highlands region, an area long-regarded by ¦

‘continuing activities of the police, the military authorities as a hotbed of pro-independence

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and other security and intelligence agencies sentiment. 55 Around seventy Papuans were

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that are aimed at harassment and intimidation arbitrarily arrested: two died in detention and

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of defenders or restrict their access to victims tens of others were tortured. 56

¤ ¥ ¢ § © © ¦ ¤ © ¤ and sites of human rights violations.’ She Due to the persistence of human rights

perceived this trend to be ‘more pronounced in defenders, this case was brought to the Human

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the Province of West Papua.’ 53 Rights Court in Makassar, Sulawesi Province, in

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Papua is one of the most heavily militarised 2004. 57 However, the two defendants, Brimob

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regions in Indonesia due to ongoing tensions Commander Jhonny Wainal Usman, and .

8 ? 8 - . * . - @ A - ,/ 8 + 0 ) * B * < / C D E between the indigenous population, some of Jayapura City Police Chief Daud Sihombing, > whom seek Papuan independence, and the were acquitted of all charges. Nevertheless, Indonesian authorities intent on maintaining BUK hopes to use the experience gained from national unity. This confl ict impacts upon the the case to further the other unresolved cases, need among the circle of victims – a voiceless work of human rights defenders in that they some dating back to 1977. 58 community, which all this time was quiet and face the constant threat of being stigmatised In addition to seeking legal redress, BUK said nothing, while hoping that justice would by the authorities as a separatists in order to works to raise awareness of these cases come from somewhere.” 59 undermine their credibility.’ 54 through remembrance campaigns and lobbying 53 UN Human Rights Council, Press Release: Special Represent- It is within this context that a new and advocacy. Given the threat of stigmatisation, ative of the Secretary-General on the situation of human rights organisation, BUK (Bersatu untuk Kebenaran, Peneas Lokbere, BUK Coordinator and himself defenders concludes visit to Indonesia, 12 June 2007. 54 United for Truth), was founded in March 2008 in a victim of the Abepura case, knows that the Ibid. 55 Human Rights Watch, Out of Sight: Endemic Abuse and Im- order to seek truth, justice and reparations for way ahead will be long and arduous but he punity in Papua’s Central Highlands, July 2007. victims and survivors of human rights violations. stresses the need for an organisation such as 56 J. Budi Hernawan, Offi ce for Justice and Peace, Catholic Diocese, Jayapura, ‘Perkara Abepura 7 December 2000, The One of the fi rst grassroots organisations in BUK in order to respond, “… to the very urgent Abepura Case 7 December 2000, http://www.hampapua.org/ Papua to focus solely on victims, the motivation skp/skp03/op-12i.pdf 57

behind its establishment was the struggle for Despite Law No.21/2001 on Special Autonomy for Papua ob-

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¡ ligating the Indonesian government to establish a Human Rights

justice by victims and survivors of the Abepura Court in the province (Article 45, Clause 2), Papuans are still wait-

¤ © ¡ ¥ © ¤ ¥ © © ¡ ¦ ¤ © ing for such an institution. Case.

58 Cases include two from Biak (1977) and (1998), respectively;

§ ¥ ¨ © § ¨ £ ¤ © § © ¡ In December 2000, unknown assailants Wasior (2001); Wamena (2003) and the Portnumbay case (2001),

in which the then-Head of the Papuan Presidium, Theys H El-

¢ © ¡ ¦ § © § ¤ ¤ ¦ ¤ © § © attacked the police station in Abepura, ¤ uay, was kidnapped and killed and his driver, Aristoteles Masok, Jayapura City, leaving one police ofﬁ cer dead ‘disappeared.’ 59 PBI interview with Peneas Lokbere, Jayapura, Papua, 25 May and three seriously wounded. In response, 2009.

police Mobile Brigade (Brimob) forces carried

¡ ¢ Special Report 11

he election of a Constituent major political leaders evade commitments to

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Assembly in April 2008 brought ending the culture of impunity, many Nepalese £

Communist Party of Nepal leading a coalition Human rights defenders and victims

government, many believed democracy and continue to face obstacles in their quest

lasting peace were possible. Infrastructure for accountability. Mandira Sharma of the

improvements at the village level and Asian Human Rights Commission points out

mainstream via small loan schemes were times police refuse to register complaints

examples of positive developments and altogether.” 60 According to Sharma, getting a

¤ ¦ ¦ ¤ ¡ ¤ ¥ ¤ ¤ ¥ ¤ ¡ § £

reform. However, the political tug of war complaint ﬁ led is just the ﬁ rst step in a “legal

over the dismissal of the Head of the Army, system [which] is simply failing to function ¤

Rookmangad Katawal and the subsequent and [whose] different mechanisms have long ¡

resignation of Prime Minister Pushpa been broken.” 61

Kamal Dahal in May 2009, is evidence of In addition to inconsistencies in its

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the continued underlying conﬂ icts dating national legal system, the State has failed

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back to the mid-1990s. As political conﬂ icts to meet its obligations under international

. ) ,; / ; ) - 7 * , continue to receive most media attention and law as confirmed by victims’ accounts

from the joint Human Rights Watch and

Unpunished Crimes from Nepal’s Armed

Conﬂ ict.” 62 Victims are entitled to reparations, instances, the victims’ need for compensation

compensation and truth in line with the UN has been used to buy their silence and at least

¨ Basic Principles and Guidelines on the Right to one human rights defender has “cast doubts

Violations of International Human Rights to those victimized during Nepal’s armed Law and Serious Violations of International resistance movement.” 64 Humanitarian Law. 63 Unfortunately, in some A contradiction between the desire to create sustainable peace and the continued estrangement of the marginalized and most susceptible to abuses (women human rights defenders, victims’ groups and journalists) needs to be remedied if Nepal is to see an end to conﬂ ict at any level. The much anticipated inclusiveness of the most marginalized sectors of society into the constitution drafting process, especially women human rights defenders and victims’ groups, is unlikely. Violence against those questioning the status quo will continue until there is greater political will to end impunity. Support from the international community is needed to assure that those who have committed or are committing human rights violations are held accountable.

60 Mandira Sharma, Asian Human Rights Commission, ‘Nepal: how justice continues to fail as the country transitions, according to Advocacy Forum’, 20 May 2009. 61 Ibid. 62 Human Rights Watch & Advocacy Forum, Waiting for Justice: Unpunished Crimes from Nepal’s Armed Conﬂ ict, 11 September 2008. 63 OHCHR, Basic Principles and Guidelines on the Right to a Remedy and Reparation for Victims of Gross Violations of Inter- national Human Rights Law and Serious Violations of Internation- al Humanitarian Law, resolution 60/147 of 16 December 2005, PBI volunteer Sophie with Laxmi, a victim of the conflict in Nepal. Violence against those http://www2.ohchr.org/english/law/remedy.htm

questioning the status quo will continue until there is greater political will to end impunity. 64 Mandira, ‘Nepal’, in Asian Human Rights Commission

¡ ¢ 12 Special Report Members of the Conflict Victims Committee demonstrating in Gulariya. Support from the international community is needed to assure that those who commit human rights violations are held accountable.

Impunity has become a part of everyday number of cases of disappearances. PBI Nepal years ago, “I need to know the truth about the life in Nepal. It has become entrenched in has been accompanying CVC since February whereabouts of my father. But the State is not the wake of a debilitating decade-long civil 2007, as they continue their fi ght for justice and able to provide me or my family with answers. war. It has particularly affected human rights against impunity. What do I feel? I really don’t know what to say, defenders, as well as victims and their families. Additionally, new political fault lines based I am still waiting for answers.” Yet, despite the persistence of those fi ghting on identity politics have compounded human “Our judicial system has failed miserably to end to impunity, new cases of denial of rights violations since the end of the civil war. to respond to FIRs [First Information Reports] justice continue to present themselves. In particular, the Madheshi population in the related to human rights violations and to Over the course of the armed conflict, southern Terai region have started to express bring perpetrators to justice,” says Mandira pitting the Maoists against the central state, their disenfranchisement from the politically Sharma, executive director of Advocacy over 13,000 people lost their lives. International dominant hill peoples. Extortion, kidnapping, Forum, an organisation accompanied by PBI. human rights organisations and the Offi ce for threats and killings are carried out without Unfortunately, it is a statement that rings true the UN High Commissioner on Human Rights any real fear of justice. Since the April 2008 for many including Laxmi, whose husband (OHCHR), document the systematic arbitrary general election, the region has experienced was disappeared by the Maoists. Because of arrest, detention and extrajudicial killing of an upsurge in intimidation and harassment the political situation she feels that victims of thousands more by both State and Maoist along with a continuing disregard for the rule Maoist transgressions experience even more forces. From 2003 to 2004, according to the of law. problems in fi nding justice. Laxmi tried fi ling OHCHR, Nepal witnessed the highest number The shortcomings of the State in her husband’s case through CVC, with no of reported disappearances in the world. collaborating with victims to combat impunity is success. Yet, despite threats to herself and her Baghiram from Bardiya district, says of his summed up in the words of Krishna, a member family, she remains committed to justice. brother and sister-in-law who were abducted of CVC whose father was disappeared eight A similar story is told by Sunamati, by security forces, “I have lost 99 percent a member of CVC also fi ghting for justice

hope that they are still alive. However, the following her husband’s disappearance. Her

State has the responsibility to declare them husband, a teacher, was arrested by the Nepal

¨ ¤ ¥ £ ¤ § £

dead. Hope is the only way that one moves £ Army over four years ago on suspicion of

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forward.” He also places no credence in £ being a Maoist. However, unlike Laxmi she

the State’s claim that they were killed in a was successful, with CVC’s assistance, in

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shootout. “I do not believe this,” he explains, submitting her husband’s case to the UN

“as there are witnesses who saw them being Working Group on Enforced or Involuntary

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taken away and others who met them in Disappearances – one of 207 cases forwarded

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Chisopani barracks. I will not give up until I get * to the OHCHR in Geneva. She states that she

6 7 / 1 " 3 8 9 9 : " ! 0 ; 4 < " $ ! 4

a truthful answer.” Baghiram is the director of 5 is now beyond fear; her only hope is justice

1 ! 0 $ ! " 2 8 9 9 = the Conﬂ ict Victims Committee (CVC), a group ; for her husband – if he is alive, he should be of more than 200 victims based in mid-western returned to her, and if he is dead then proof

Nepal, the area that experienced the highest should be provided.

¡ ¢ Special Report 13 n 2008, PBI’s international volunteers multiplier effect of our work has a positive effect in Colombia, relatives of the disappeared in from 25 countries provided protective on many thousands of people, their communities Mexico, Colombia and Guatemala and displaced accompaniment and international and more broadly, on state structures. communities in Colombia. Our work in the ﬁ eld is presence to 50 human rights and civil society Groups PBI accompanies include indigenous supported by 17 groups in North America, Latin organisations, three resettled displaced communities in Mexico and Guatemala, America, Europe and Australia responsible for communities and 11 prominent human rights environmental organisations in Guatemala, volunteer recruitment and training, fundraising, defenders on an individual basis. An estimated human rights organisations in Indonesia, lawyers outreach and advocacy including maintaining and 7,000 people were direct beneficiaries. The in Colombia and Nepal, women’s organisations activating international support networks.

PBI Colombia – Movement of Campesino Workers (MTC) Bogotá, Medellín, Barrancabermeja and Turbo – Peasant Union Chortí Nuevo Dia – Association of the Families of the Detained – Disappeared – The Organisation to Support an Integrated Sexuality to Confront (ASFADDES) AIDS (OASIS) – Association for Alternative Social Advancement (MINGA) – Union of Campesino Organisations for the Verapaces (UVOC) – Cacarica Community of Life, Dignity and Self-determination – Unifi ed Protection of Human Rights Defenders (UDEFEGUA) (CAVIDA) – Women´s Sector – Committee in Solidarity with Political Prisoners (FCSPP) – Corporation for Judicial Freedom (CJL) PBI México – Grassroots Women’s Organisation (OFP) México City, Guerrero and Oaxaca – Inter-church Justice and Peace Commission (CIJP) – Association of Relatives of the Detained, Disappeared and Victims – ‘Jose Alvear Restrepo’ Lawyers Collective (CCAJAR) of Human Rights Abuses in Mexico (AFADEM) – Luis Carlos Perez Lawyers Collective (CALCP) – Cerezo Committee – ‘Manuel Cepeda Vargas’ Foundation – Civil Monitor of Police and Security Forces of the Montaña – Peace Community of San José de Apartadó – Members of the Tlachinollan Human Rights Centre – Popular Training Institute (IPC) – Organisation of the Indigenous Me’Phaa People (OPIM) – Regional Corporation for the Defence of Human Rights (CREDHOS) – Organisation of Women Ecologists of the Sierra de Petatlán – Peasant Farmer Association of the Cimitarra River Valley (ACVC) (OMESP) – Social Corporation for Community Advisory and Training Services (COSPACC) PBI Indonesia Jakarta, Jayapura, Wamena PBI Colombia provides ad hoc accompaniment to the National Movement of Victims – Bersatu untuk Kebenaran (United for Truth, BUK) of State Crimes (MOVICE), Colombia’s National Indigenous Organisation (ONIC), – Emanuel Goo (Independent journalist based in Nabire, Papua) Seeds of Liberty Human Rights Committee (Codhesel), the Antioquia Peasant – Forum Kerjasama Lembaga Swadaya Masyarakat Papua (Papua Farmer Association (ACA) and Yira Castro. Forum of NGO Cooperation, FOKER) – Jarangan Advokasi Penegakan Hukum dan Hak Asasi Manusia PBI Guatemala (Advocacy Network for Upholding Law and Human Rights, – Association for the Protection of Montaña de las Granadillas JAPH&HAM) (APMG) – Komisi Untuk Orang Hilang dan Korban Tindak Kekerasan – Association of Friends of Lake Izabal (ASALI) (Commission for Disappearances and Victims of Violence, KontraS – Association of Indigenous Women of Santa María Xalapán Papua) (AMISMAXAJ) – Sekretariat Keadlilan dan Perdamaian Keuskupan Jayapura (Offi ce – Association of Mayan Lawyers and Notaries of Guatemala for Justice and Peace of the Catholic Diocese in Jayapura, SKP) (AAMN) – Yayasan Lembaga Penelitian, Pengkajian dan Pengembangan – Centre for Human Rights Legal Action (CALDH) Bantuan Hukum (The Institute for Analysing, Investigation and – Commission of Peaceful Resistance of San Rafael Pie de la Cuesta Development of Legal Aid, LP3BH) (CRP) – Guatemalan Association of Indigenous Mayors and Authorities PBI Nepal (AGAAI) Kathmandu and Terai – National Coordinating Body for Inhabitants of Marginalised Areas – Advocacy Forum (AF) (CONAPAMG) – Confl ict Victims Committee (CVC) – National Coordination of Widows of Guatemala (CONAVIGUA) – Dalit Uplift Feminist Organisation (DAFUO)

– Lesbian Collective Lesbiradas

¡ ¢ 14 Special Report

¡ £ ¢ £ ¥ ¥ ¦ ¨ £ ¥ £ ¦ ¤ ¡ ¥ ¦ ¢ ¥ £ ¦ £ ¨ ¦ ¡ ¥ ¦ ¡ ¥ § ¦

Support victims’ organisations in their including those that aim to safeguard the rights search for truth, justice and reparations as a of indigenous peoples, Afro-descendents, women guarantee of non-repetition. and sexually diverse communities. Access to such systems should be available to all victims. Search for the dead and disappeared, and carry out exhumations according to the Actively implement and monitor Minnesota Protocol. Information from civil society recommendations made by international and government agencies should be shared if it commissions and international human rights enables the identification of remains and integral mechanisms, particularly the recommendations reparations for victims. of the Special Rapporteurs of the United Nations Human Rights Council and the Universal Periodic Ratify and implement the International Review. Convention for the Protection of All Persons from Enforced Disappearance. The Committee Establish benchmarks for international on Enforced Disappearances should provide government aid to be withheld in credible monitoring and protection at an international cases of gross human rights violations and level. breaches of international humanitarian law.

End baseless prosecutions of human End the practice of processing of cases rights defenders; implement the repeated involving allegations of human rights recommendations of the OHCHR to ensure that violations committed against civilians under intelligence gathered on human rights defenders is military jurisdiction and uphold due process. justified, and subject to data protection legislation, Ensure that humanitarian assistance is including access, judicial oversight and deletion. distinguished from military assistance Comply with obligations under relevant to protect civilians from combatants under regional human rights mechanisms, international humanitarian law.

Published by Peace Brigades International November 2009

Text Christine Jones, Alice Garside

Photographs PBI

Design Tom Lynton www.tomlynton.com

Print Secourt Environmental Printing

Our thanks to zivik/German Foreign Ministry for the funding for this publication

Placards with photos of the detained

and disappeared in Colombia.

¡ ¢ Special Report 15

¡ ¢ £ ¤ ¥ ¦ § Canada Switzerland 145 Spruce Street, Suite 206 Gutenbergstrasse 35 Colombia Project Ottawa, Ontario 3011 Berne, Switzerland 11 Rue de la Liniere K1R 6PI, Canada TEL +41 313 724 446 1060 Brussels, Belgium TEL +1 613 237 6968 EMAIL [email protected] TEL +32 (0) 2609 4400 EMAIL [email protected] EMAIL [email protected] UK France 1b Waterlow Road Guatemala Project 21 ter rue Voltaire London N19 5NJ,UK C/ Sevilla 19 75011 Paris, France TEL +44 (0) 20 7281 5370 Pta 14, Valencia, 46006, Spain TEL +33 14373 4960 EMAIL [email protected] TEL/FAX +34 963 816 835 EMAIL [email protected] EMAIL [email protected] USA Germany 1326 9th St Indonesia Project PBI Deutscher Zweig. e.V. Washington DC 20001, USA PeMad Building Harkortstrasse 121 TEL +1 202 232 0142 Jl Damai Mudal RT 01/19 22765 Hamburg, Germany EMAIL [email protected] Sariharjo Ngaglik, Sleman TEL +49 40 3890 43710

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