making space for peace Special report Promoting nonviolence and protecting human rights since 1981 PBI is an international NGO that has been ¤ ¥ ¦ § ¨ ¦ © © ¨ protecting human rights and promoting £ § ¦ © © © nonviolence since 1981. On request, we send § teams of international volunteers to areas of © ¨ © § © ¨ § repression and confl ict to provide an international § ¨ © ¨ § ¨ ¨ § ¨ ¨ § ¨ presence and protective accompaniment to © ¨ ¦ © © © § ¨ © local human rights defenders, civil society © ¨ ¨ © organisations and communities whose lives and ¨ work are threatened by political violence. Our ¦ © ¨ © ¦ § © © © § © work is based on the principles of nonviolence, § © ¥ ¦ § ¨ © § © ¦ § © non partisanship and non-interference in © © § © ¨ § ¦ © the internal affairs of the organisations we § ¦ © ¦ § © © ! ¦ © © accompany and the belief that transformation of confl icts cannot be imposed from outside. ¦ § © © © © ¦ § § § ¨ PBI teams physically accompany those at § § ¨ ¨ ¦ © £ ¤ ¥ ¦ § ¨ risk. The volunteers represent international © © © ¨ © Felipe Arreaga Sanchez accompanied by concern for the protection of human rights, a PBI Mexico volunteer visible reminder to the perpetrators of violence " # $ #% & % ' ( # ) * + , - . / 0 1 2 3 , 4 5 6 / 7 8 9 1 + : ; ; ; ; ; < 1 / 4 2 0 = 1 > - ? 2 @ 2 / 6 A 1 9 9 ? . + B 9 ? 9 6 6 C 0 + that their actions will have repercussions 1 : ; ; . 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 ¦ £ ¦ £ © ¥ § ¢ ¤ advancing their illicit interests in a context of perpetuating violence. Their voices break the ¢ ¦ ¤ ¦ ¤ ¦ ¡ near total impunity.” 2 In Colombia, the UN cycle of silence, impunity and confl ict. © © § ¥ £ ¨ § ¦ ¨ ¤ § ¥ £ £ § Working Group on Enforced or Involuntary 1 Hina Jilani, “Guatemala: Defenceless