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TRANSITIONS Transitional Justice News from Around the World TRANSITIONS Transitional Justice News From Around The World MARCH 2011 When the Hard Work Starts Interview with Galuh Wandita, Senior Associate, ICTJ Jakarta Q. You’ve nearly completed a comprehensive study of truth and Another message is that the window of opportunity that’s now opening accountability measures in the years since the end of the Suharto in some of these areas such as Egypt and Tunisia—it closes. Cronyism, regime in 1998. Does Indonesia’s experience offer any lessons for cynicism, and apathy set in. Now that you’re in this incredible moment, countries in other parts of the Muslim world that are undergoing you have to seize the momentum to make sure that meaningful unexpected transitions? institutions of accountability are set up. A. Looking at the recent images on TV of Egypt and Tunisia, it Q. Your study talks about three periods, starting with the initial reminds me of that time for Indonesia, that period of optimism that hopeful period of “reformasi” from 1998 to 2000. What was most doesn’t come very often in a people’s history. But after you depose a hopeful about that period, and what positive steps were taken then? dictator, that’s when the hard work starts. A. A key moment was a political commitment by the upper house of parliament to pursue truth and justice. They passed a resolution calling Indonesia’s transition began in for a just solution in areas where conflict was still taking place, and 1998. Thirteen years down the they also committed to establishing a truth commission. The resolution road, the real issues of justice and stated clearly that the state had committed human rights violations, and accountability for past crimes are the government had to take concrete measures to address that. far from being addressed. There were three separate incidents At the same time, the new president, B.J. Habibie, allowed a when students were shot at referendum on independence to be held in East Timor. Then in peaceful demonstrations in 1998 2000, as a result of international pressure, Indonesia established what and 1999. The commanders was called a human rights court: a court that had jurisdiction over responsible for these killings still international crimes as the Rome Statute defines them, crimes against haven’t been brought to court. humanity and genocide. That’s an important message amid the transitions in the Middle East Q. Where did the breakdown happen? and North Africa right now: although these events are intense and inspiring and speak to human strength and determination against all A. We found that as a legacy of the past, the judiciary was so weak odds, there’s hard work in front of you. The lesson from Indonesia is and corrupt that it couldn’t really deliver justice. There’s been a 100 that you actually have to push as hard as you can during the beginning. percent acquittal rate for all of the people tried for human rights abuses The international community also has a role in pushing for justice and INTERACTIVE TABLE OF CONTENTS accountability during times of transition, because the people who are in the middle of it can’t always see the full picture. That’s one of the Interview with Galuh Wandita 1 mistakes the international community has made in relationship to World Report Africa 3 Indonesia. In the case of trials around the violence in East Timor in Americas 4 1999, for example, the international community said, “If we push too Asia 6 hard, the transition might falter in Indonesia, so we’ll let Indonesia run Middle East and North Africa 7 a domestic trial.” There was an opportunity lost there. Publications 8 Calendar 9 ICTJ Transitions | March 2011 1 since the end of the Suharto regime. In total, 34 people were tried in groups around setting up a truth commission or a committee for Indonesia’s human rights court for crimes that happened in East Timor restitution and rehabilitation. However none of this talk has yet been in 1999, a massacre in North Jakarta in 1984, and attacks in Abepura implemented, and victims are getting weary. (Papua) in 2000. Sixteen were acquitted in the initial trials, and all 18 initial convictions were overturned on appeal. That’s a pretty clear sign In our study’s recommendations, we urge the leadership of Indonesia of a system that is too broken to deliver justice. to take action. There’s a chance that this might happen, but both civil society in Indonesia and the international community have to do more The other big disappointment concerned the truth commission law. to ensure that Indonesia makes good on its promises. It wasn’t until 2004 that a law was finally passed to actually establish the commission, and by this time, it had some articles that were very Another of our recommendations is that Indonesia has to act on concerning. One was that victims would receive reparations only if the promises it made six years ago regarding truth commissions and a perpetrators received amnesty for their crimes. Linking those two is human rights court. There’s been a lot of stalling since then. The obviously problematic, and under international law, giving amnesty to international community needs to remind Indonesia of its promises. people who’ve committed international crimes is very questionable. Q. How does the international community walk the line between Some victims’ groups and civil society organizations contested the pushing for accountability and respecting the sovereignty of law in constitutional court and in December 2006, the court decided countries in transition? that those articles were indeed unconstitutional. But instead of just changing those articles, the court tossed out the entire law. In a way A. It’s a difficult question, and it’s a difficult line to walk. There’s no one we had a legal victory, but as a result we wound up without any truth formula. The international community needs to not look at countries commission law at all. it’s dealing with as one homogenous entity. It really depends on the context of country in question. Currently there’s a new draft that’s been prepared by the government, but it may take a long time for parliament to pass the new law. For The main issue is that sometimes you have to go out of your comfort victims who have already been waiting these 13 years, it has been very zone and push a bit more. The case of Aceh is a perfect example: frustrating—particularly for victims of the atrocities that took place in Indonesia already signed a peace agreement. It made a political early days of Suharto’s struggle for power in 1965–66. Many of those commitment—now the issue is simply one of implementation. Some victims, if they’re still alive, are in their 70s or 80s. people think that the Aceh peace process is complete, but that’s not how the victims feel. There’s more work for the international community Q. Can you sum up the study’s most important conclusions? to do: pushing, questioning, even hand-holding the Indonesian government to make sure that it keeps its promises. A. The core finding of our study is that weak institutions for accountability lead to the repetition of abuse. There has been a systemic Q. Are there places you see signs of hope? failure over the last 13 years to achieve any kind of accountability for past crimes in Indonesia. There has been impunity for crimes A. Certainly. It’s important to understand that the picture’s not all committed during military action in Papua and in Aceh in the past, but bleak, and that’s something we note in the study. There have been some there were also new cases of torture by the military in Papua last year. interesting examples of state institutions pushing for some degree of accountability. One example is the reports by the women’s commission It’s very concerning that these patterns are continuing. When you have that documented gender-based abuse that happened in 1965–66, and impunity for abuses that have happened in the past, they risk being in Papua, Aceh, and some other conflict areas in Indonesia. It’s an repeated. That’s part of the reason why transitional justice is so relevant, example of how when other roads are blocked, a creative institution both in places that are entering transitions right now and in places can, within its mandate, do some of the work of acknowledging the where transitions happened years ago but abuses continue. truth. Q. Where are the prospects for progress today? Another example is the early work of the National Human Rights Commission. The commission began pushing for accountability in the A. I think there have been some shows of leadership by the current early days of the reformation. It prepared five cases to go to the attorney administration. There has been some discussion of how, in their words, general’s office—even though they’re now being blocked by that to “provide rehabilitation and restitution for victims.” There has also office. Ultimately, it’s really the work of civil society groups that’s kept been some discussion with civil society organizations and victims’ accountability for past crimes on the agenda. ICTJ Transitions | March 2011 2 WORLD REPORT AFRICA groups. ICC Chief Prosecutor Luis Moreno-Ocampo said he had opened an investigation into attacks on UN peacekeepers. African Union At a Jan. 29–30 summit, the African Union (AU) rejected further work • “Gbagbo forces accused over killings, rapes in I. Coast,” AFP toward the establishment of an International Criminal Court (ICC) (http://www.google.com/hostednews/afp/article/ALeqM5irN6l4d4S7kM liaison office in Addis Ababa, where the AU is headquartered.
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