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Enforced Disappearances in Asia Compilation and Redaction: Katharina Lauritsch Responsible for the Edition: Franc Kernjak

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Enforced Disappearances in Asia Compilation and Redaction: Katharina Lauritsch Responsible for the Edition: Franc Kernjak Enforced Disappearances in Asia Compilation and redaction: Katharina Lauritsch Responsible for the edition: Franc Kernjak Graphic Design: Peter Chalupnik, www.chalupnik.at Photo: Ram Kumar Bhandari Imprint: Equipo de Estudios Comunitarios y Accion Piscosocial – ECAP 2 Avenida 1-11, zona 3 – Colonia Bran. Código posta: 01003 Guatemala, Centro América Teléfono: (502) 2232 1430 -Fax: (502) 2253 6071 [email protected] www.ecapguatemala.org ISBN: 978-9929-8096-4-2 All rights reserved, reproduced in part or in whole by any means, without the written permission of the publisher is prohibited. Enforced Disappearances in Asia 2 | Index Index Why a book like this? By Katharina Lauritsch and Franc Kernjak ....................................................................................... 4 Introduction By Mary Aileen Diez Bacalso ........................................................................................................ 6 Disappearances in the scope of internal armed conflicts .......................................................... 11 SRI LANKA ................................................................................................................................ 13 Individual, Familial and Social Impacts of Enforced Disappearances – Tactics of a ‘Repressive Ecology’ and Ways of Responding By Daya Somasundaram, Induwara Gooneratne, Thanuja Pathirane, Visaka Dharmadasa and an Anonymous Author ..................................................................................................... 14 Still waiting for justice in Sri Lanka By MCM Iqbal ....................................................................................................................... 28 NEPAL ...................................................................................................................................... 33 Victims Families‘ Needs for Truth and Justice – Challenges for Human Rights Groups and the Nepali Justice System By Harihar Wasti, Pashupati Mahat, Ravindra Karn, Simon Robins ................................................. 34 Enforced Disappearances in Democratic Countries .................................................................... 51 THAILAND ................................................................................................................................. 53 Enforced or involuntary disappearance situations in Thailand: Challenges and Hopes By Pratubjit Neelapaijit, Justice for Peace Foundation ................................................................ 54 INDIAN ADMINISTERED KASHMIR ................................................................................................. 69 “To forget, they say, would be to reconcile to injustice.” Situation of families of enforced disappeared persons Arranged by Katharina Lauritsch .............................................................................................. 70 PHILIPPINES .............................................................................................................................. 87 Families of the Desaparecidos in the Philippines: Turning sadness and longing to flames of justice By Lorena P. Santos (Desaparecidos) and Maria Esmeralda de la Paz-Macaspac (Children’s Rehabilitation Centre) ............................................................................................ 88 Index | 3 And They Shall Cry No More… Enforced Disappearances in the Philippines and the Struggle for Truth and Justice Co-authored by the Families of Victims of Involuntary Disappearance (FIND); the Asian Federation Against Involuntary Disappearances (AFAD); Rev. Fr. Ben Moraleda, Ms. Josephine Callejo, Dr. Benito Molino, M.D. and Ms. Dianne S. Reyes ...................................... 98 Enforced Disappearances as a Legacy of Dictatorship or Occupation .........................................115 INDONESIA ..............................................................................................................................117 Disappearances, Exhumation and Psychosocial Intervention – Caught between looking to the Future and remembering the Past By Ari Yurino, Bedjo Untung, Putri Kanesia and Rini Kusnadi......................................................118 EAST TIMOR .............................................................................................................................135 Working with Families of the Missing: A Case Study from East Timor By Soren Blau, Luis Fondebrider and Gregorio Saldanha .............................................................136 CAMBODIA ..............................................................................................................................145 Engaging Communities – Easing the Pain: Outreach and Psychosocial Interventions in the Context of the Khmer Rouge Tribunal By Judith Strasser, Julian Poluda, Mychelle Balthazard, Om Chariya, Yim Sotheary, Im Sophea, Eng Kok-Thay, Christoph Sperfeldt .........................................................................146 Regional Perspectives ...........................................................................................................163 From ‘Healing Wounds / Mending Scars’ to ‘From Survivors to Healers’ By Ms. Josephine Z. Callejo, M.A., Psychologist and Fr. Juvenal A. Moraleda, M.A. Marital/Family Counselor Phillipines ...................................................................................164 Authors ...................................................................................................................................169 Annex ....................................................................................................................................177 Country facts ...........................................................................................................................178 4 | Why a book like this? Why a book like this? The present publication is one of the fruits of the First Asian Conference on Psycho- social Support in the Search for Enforced Disappeared, in the struggle for Truth and Justice and in Exhumation Processes that took place in November 2009 in Manila, Phil- ippines, organized by Asian Federacion Against Involuntary Disappeareances (AFAD), Equipo de Estudios Comunitarios y Accion Psicosocial (ECAP) and Geimeinnützige Entwicklungszusammenarbeit GmbH (GEZA). In this conference nearly forty Asian experts, representatives of family organizations, psychologists, social workers, human rights activists, lawyers, anthropologists and fo- rensic scientist assisted and discussed International Minimum Standards for the psycho- social support of victims, their relatives, affected groups as a whole and the entire so- cieties that suffer or had suffered from the crime of enforced disappearance. Minimum Standards that cover the search for the disappeared person, the exhumation process and the struggle for truth and justice (the Minimum Standards will be shortly available at: www.congresoexhumaciones.com). These International Minimum Standards were the achievement of the exchange of ex- periences of more than 500 experts from more than 45 countries – from Latin America, Asia, Africa and Europe – that met at the 1st International Conference about Psycho- social Work in Processes of Exhumation, Enforced Disappearance, Justice and Truth in Antigua, Guatemala in 2007 and three years later in April 2010 at the 2nd International Conference in Santa Fe de Bogotá, Colombia. In Bogotá it was already possible to con- sider the comments from the Asian conference the year before. The Asian contribution to this discussion is highly valuable, as Asia is the continent that reports the highest number of enforced disappearances to the UN working group every year. The participants of the conference in Manila commonly expressed the wish and ac- cepted the need of documenting their own working experience, in order to continue and intensify the exchange of experiences between Asian actors. Furthermore documenting the past and ongoing atrocities contributes to pressure the different governments to take serious their duty of investigation and prosecution of severe violations of human rights. And of course documenting the struggle of the families in order to dignify it and respond to the need for truth and remembrance. Why a book like this? | 5 The initial idea was that people working in the several countries with families of en- forced disappeared persons come together and write jointly an article about the situa- tion of enforced disappearances in their country, explaining the political and historical background, the current context and sharing some thoughts about future perspectives. The following pages contain the valuable result of the effort of the writing teams to write down their point of view on the situation they are working in. “First of all we want to know the truth” is a quote from a mother of two missing sons in Nepal. But “truth” is not only her priority; the same words could have been expressed by a mother from Sri Lanka, Thailand, the Philippines or Indonesia, from Cambodia, East Timor or Kashmir. They could have been expressed by any relative of a disap- peared person around the world. In this quote the voices of all people who lost a loved one are echoing, united behind the common need to know the truth. This publication aims to give room and audience to all these voices, that claim “We need the Truth”. Furthermore this is a call to the respective states to create and implement the judicial requirements to define enforced disappearance
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