From Griefto Best Practices in Advocating Legislation Against Enforced CourageDisappearances AN INTER-REGIONAL CONFERENCE ORCHID GARDEN SUITES, 620 PABLO OcaMPO ST., MALATE, METRO MANILA, PHILippiNES 17-20 SEPTEMBER 2014 AsiaN FEDERATION with the AGaiNST and INVOLUNTARY support of DisappEARANCES From the Editor No telenovela, movie or novel could duplicate the drama of “From Grief to Courage.” Can you imagine a young adult returning from Europe to Guatemala or Argentina or Timor to meet her parents, brothers and sisters for the first time? Or mothers in Beijing and Buenos Aires, week after week seeking for their loved ones amidst insults from passers-by in addition to pressures from “official sources?” I confess there were moments in reading the text that I had to put the transcript down to control my own emotions. Psychologists tell us that at some moment in every person’s life, one asks the question, “What shall I do with my life?” “From Grief to Courage” might [have the best answer. ] This book is both a significant legacy of past experiences of struggle across the world, as well as a useful tool for change for the future. Too often, enforced disappearance is mistakenly seen as a scourge that affected just few Latin American States during the years of military dictatorships. Unfortunately, this is a misleading stereotype. Enforced disappearances continue to occur in all continents and even in democratic countries. In order to effectively eradicate this heinous crime, it is crucial to assess what has already been done, learn from good practices and past mistakes, and move forward to fully guarantee the rights to truth, justice and redress of relatives of disappeared people throughout the globe. The strength of this book lies precisely in the wealth of first-hand knowledge shared in an outstanding exercise of international solidarity. Through the vivid voices of relatives of disappeared people, academics, and human rights defenders from many countries, one can understand the exceptional obstacles to be faced and the tireless work to be conducted, often over many years. In these pages, there are histories of ongoing suffering, extraordinary valour, and encouraging victories. The conference which is at the origin of the publication represented a unique moment to share frustrations and worries but also to gain new vigour to continue the battle. The strengthening of domestic legislation is pivotal to holding those responsible accountable and to prevent new cases of enforced disappearance, as well as the ratification of international treaties such as the International Convention for the Protection of All Persons from Enforced Disappearance, and the acceptance of the competence of the Committee on Enforced Disappearance to receive and examine communications. Domestic judicial authorities can and must play a fundamental role in the establishment of the truth and in delivering justice and redress. Very concrete measures must be taken to potentiate the search of disappeared persons, their localisation and identification and, in the case of thousands of disappeared children, to restore their real identity. Much remains to be done but this book represents a solid roadmap. I wish to congratulate AFAD for this important contribution and to express my sincere solidarity in the struggle for a world free from enforced disappearance. Atty. Gabriella Citroni Professor of International Human Rights Law at the University of Milano-Bicocca (Milan, Italy) and international legal advisor of the Latin American Federation of Associations of Relatives of Disappeared Persons (FEDEFAM) as well as of the NGO TRIAL (Track Impunity Always) From Grief to Courage Best Practices in Advocating Legislation Against Enforced Disappearances AN INTER-REGIONAL CONFERENCE ORCHID GARDEN SUITES, 620 PABLO OCAMPO ST., MALATE, METRO MANILA, PHILIppINES 17-20 SEPTEMBER 2014 Published by: Asian Federation Against Involuntary Disappearances (AFAD) Rms 310-311, 3/F Philippines Social Science Center (PSSC) Bldg., Commonwealth Ave., Diliman, Quezon City, Philippines [email protected] http://www.afad-online.org Phone: +63-2-4566434 Telefax: +63-2-4546759 www.facebook.com/afad.online © 2015 AFAD All rights reserved. No part of this publication maybe reproduced, stored in a retrieval system, or transmitted in any form or by any means, electronic, mechanical, photocopying, recording, or otherwise, without the prior permission from the copyright owner of this book. Editors: Ed Gerlock and Mary Aileen D. Bacalso Copy Editor and Indexer: Maria Cristina N. Palbusa Translators: Mugiyanto and Pretty Tioria (English to Bahasa) Chaco Molina (English-Spanish-English) Documentor (Proceedings): Gay Guimbaolibot First Edition, June 2015 Printed by Proprint Design Corner From Grief to Courage : Best Practices in Advocating Legislation Against Enforced Disappearances: An Inter-Regional Conference : Manila, Philippines, 17-20 September 2014 / editors, Ed Gerlock and Mary Aileen D. Bacalso .— 1st ed. p. cm. ISBN 978-971-92451-3-1 HV6322.3.A8 323.0982 We are not here by accident or coincidence. I believe we are here for a reason. I pray that the reason is that we would be instruments for a divine intervention for others. This widow’s mite is all that I can offer… yet it is asked of me, so I offer it… my voice, a hug, a tear. I embrace you all, victims, advocates, human right defenders and I am proud to stand side by side with you in our quest for justice, peace and love. ~ Edita Burgos Table of Contents Foreword, xii List of Acronyms, xiv PART ONE - PUBLic EVENT Welcome Message, 3 Keynote Speech, 5 Inspirational Message: I Offer My Voice, a Hug and a Tear: A Widow’s Mite, 8 The Landscape of Enforced Disappearance in Asia, Latin America and some parts of Europe Asia, 13 Latin America, 17 Europe, 20 PART TWO - MaiN CONFERENCE Directory of Conference Participants, 31 Conference Background, 43 SEssiON 1: The Situation of Families of Victims of Enforced Disappearances in Asia and Latin America Latin America, 48 Asia, 54 ix SEssiON 2: The Value of Regional Human Rights Mechanisms in Addressing Enforced Disappearance ASEAN Inter-governmental Commission on Human Rights: Potentials, Limitations, Ways Forward and the Role of NGOs, 67 Regional Human Rights Mechanisms in Latin America: Best Practices, 72 SEssiON 3: Roles of Family Associations in Lobbying for the Signing and Ratification of the International Convention Against Enforced Disappearance International Convention for the Protection of All Persons from Enforced Disappearance, 83 Families of Victims as Active Participants in the Struggle Against Enforced Disappearance: the Indonesian Experience, 96 The Euro-Mediterranean Federation Against Enforced Disappearances (FEMED), 100 UNsiLENCED: VIDEO PRESENTATION OF AFAD AND FIND, 104 SEssiON 4: The Philippine Experience in Advocating for a Domestic Law against Enforced Disappearance Experiences of Families of Victims of Involuntary Disappearance (FIND), 106 Political Mapping as a Lobbying Strategy, 110 AFAD Research on Legislative Advocacy, 116 SEssiON 5 The Value of Domestic Legislation Against Enforced Disappearance, 126 Salient Features of RA 10368: The Human Rights Victims’ Recognition and Reparation Act of 2013, 129 Role of Documentation in Human Rights Advocacy, 145 SEssiON 6 Family Associations and NGOs and the International Convention for the Protection of All Persons from Enforced Disappearance, 156 x SEssiON 7: Strategic Litigation, Successes and Difficulties The Argentinean Experience, 164 The Chilean Experience, 168 Nepal: The Role of Civil Society in the Arrest and Prosecution of Col. Lama in the United Kingdom, 171 SEssiON 8: Public Awareness Campaign and International Solidarity Belarus: 2013 Alternative Report of the Civil Society to the UN Human Rights Council, 179 Philippines: Research on Level of Public Awareness on Enforced Disappearance, 185 Kashmir: Research on Alleged Perpetrators, 193 SEssiON 9: The Search for Truth and Justice for Victims of Enforced Disappearances The Chilean Experience, 197 The Argentinean Experience, 201 FOUND: THE STORY OF LUis ALONSO OF EL SALVADOR, 209 SEssiON 10: Search and Reunification of Disappeared Children, Difficulties, Successes and Challenges The Experience of Pro-Búsqueda, El Salvador , 211 The Experience of Liga Guatemalteca de Higiene Mental, Guatemala, 215 The Experience of Centro de Estudios Legales y Sociales (CELS), Argentina, 219 Workshop, 229 Approval and Signing of Conference Statement, 237 Epilogue, 242 Appendices Index xi Foreword “From Grief to Courage,” this fifth book of the Asian Federation Against Involuntary Disappearances (AFAD) is launched on the occasion of AFAD’s 17th year as a Federation. A product of the conference on “Best Practices in Advocating Legislation Against Enforced Disappearances,” the book chronicles best practices in many of the countries represented in the conference, which went beyond advocating for legislation against enforced disappearances. The book attempts to share the results of AFAD’s solidarity work at its best. It highlights the strength of the responses of the international community to the global phenomenon of enforced disappearances and the hard-earned fruits that have come to some realization in some regions and which we strive to replicate in our continent, where disappearances continue and where truth and justice remain elusive. Every best practice is a concrete manifestation of the struggle of memory against forgetting. The evil of enforced disappearance is being equally responded to