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ICTJ Activity

The ICTJ continues to work with civil society groups and other stakeholders in combating impunity for past crimes in Indonesia through capacity-building and technical assistance, as well as providing learning opportunities in the region.

A Contested Truth

Although 2008 marks the tenth anniversary of reformation in Indonesia, the struggle for official recognition of past human rights violations continues to face many obstacles.

The Indonesian government passed a law in 2004 creating a national Truth and Reconciliation Commission (TRC) to begin to confront past abuses, but the law was severely flawed. The ICTJ assisted a coalition of human rights and victims' groups in taking a challenge against the 2004 TRC law to the Constitutional Court; following this action the Constitutional Court annulled the original law in 2006 and began to draft a new law. Unfortunately, the new draft law contains many of the weaknesses and flaws of the original law, including mechanisms to recommend amnesty for perpetrators of serious crimes. In November 2007 the Indonesian government tabled the revised draft TRC. In response civil society groups, including the ICTJ, have developed a comprehensive advocacy strategy in relation to the draft law. At the same time the ICTJ continues to provide assistance, disseminate publications, and facilitate capacity-building for Indonesian stakeholders working to ensure recognition of the truth regarding past abuses.

With a coalition for truth recovery (KPK) in Aceh the ICTJ has supported civil society in developing a model for a local TRC, as mandated by the Helsinki Peace Agreement (2005) and legislated in the Law on the Governance of Aceh (2006). The Center also conducted research with Acehnese civil society on the implementation of transitional justice mechanisms in the peace agreement while listening to more than 100 victims who participated in focus group discussions. The published report based on this research, "Considering Victims: The Aceh Peace Process from a Transitional Justice Perspective," shows vividly that the significant gains made during the peace process are at risk when past crimes are not dealt with. Following discussions in Aceh on the findings of this research the ICTJ, in collaboration with the National Human Rights Commission, held a seminar and workshop to further advocate for accountability for crimes committed during the conflict.

The ICTJ has continued to work with civil society in Indonesia and Timor-Leste to highlight and challenge the flaws of the bilateral Truth and Friendship Commission, which is mandated to seek the truth regarding crimes committed in 1999 in East Timor, in response to the implementation of a UN-sponsored vote on the territory's political status. Together with Indonesian and Timorese human rights advocates the Center participated in a series of "alternative hearings" and media events to challenge the views of alleged perpetrators invited to speak at the public hearings between February and October 2007. At the same time Senior Associate Galuh Wandita provided testimony to the Commission on systematic gender-based violations committed in 1999. The ICTJ also participated in and supported workshops and meetings of civil society members in Indonesia and Timor-Leste concerned with accountability for past crimes. In January 2008 the Center published the report, "Too Much Friendship, Too Little Truth," which reviews the creation of the CTF and its public hearings and concludes that the Commission has failed so far to achieve transitional justice goals.

The CTF's performance is consistent with Indonesia's track record on justice as documented by the ICTJ and others. In August 2003 the ICTJ released "Intended to Fail," an analysis of the trials before the Ad Hoc Human Rights Court in Jakarta. The report suggests that Indonesia never intended to fulfill its promise to hold perpetrators accountable for the violence surrounding the East Timorese vote for independence in 1999.

The ICTJ has continued to work with local and international NGOs to request that the United Nations develop an appropriate response to this failure. The Center helped catalyze cooperation among Timorese, Indonesian, and international organizations to pursue effective advocacy for the creation of an independent Commission of Experts (COE) to advise the UN on how to proceed in the face of impunity. The COE report criticized the flawed prosecutions in the Indonesian human rights court and the incomplete serious-crimes process in East Timor.

The Center has also conducted a study on the continuing discrimination and neglect experienced by victims of the 1965 atrocities. The report, "Neglected Duty: Providing Comprehensive Reparations to the Indonesian ‘1965 Victims' of State Persecution," released in July 2006, supplements the strong activism of victims' groups and members of civil society seeking justice and reparations.

Any effective intervention in the field of transitional justice requires a comprehensive analysis of the capacity of local civil society and recommendation of specific methods to strengthen that capacity. For several years the ICTJ has been involved in gathering and analyzing information on various efforts related to transitional justice in Indonesia. In January 2004 the Center released "The Struggle for Truth and Justice," a report that maps nearly 200 transitional justice initiatives undertaken by Indonesian civil society organizations. The Center also held a workshop to help university professors incorporate transitional justice issues in their curricula and expects to continue cooperation in this sector. It is essential that Indonesian practitioners develop their own understanding and conceptualization of the transitional justice framework.

The Center continues to support victims' groups and civil society working in post-conflict and conflict areas in Indonesia through activities such as trainings, workshops, and exposure visits, to enable their informed participation in developing transitional justice options for Indonesia.

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Background

Indonesia continues to grapple with a legacy of abuse and authoritarianism characterized by state-organized violence and conflict over natural resources and political identity. Some of the central transitional justice issues in Indonesia involve crimes against humanity committed in East Timor, the clarification of violations committed under the Soeharto regime-in particular the massive persecution of dissidents in the early days of the "New Order"-and the resolution of regional conflicts between the state and separatist insurgencies.

After 33 years of widespread human rights abuses by the armed forces and other groups under the "New Order" regime of General Soeharto, in 1998 Indonesia began a political transition. Amid a deepening financial, economic, and social crisis, Soeharto stepped down in May 1998 in favor of his vice-president, B.J. Habibie. Abdurrahman Wahid, a moderate Islamic cleric and long-time opposition leader, succeeded Habibie as president. Both Habibie and Wahid made some progress in the areas of democratization and human rights, including giving East Timor the choice to decide its status, sponsoring broad constitutional reforms, setting up a Human Rights Court, and granting special autonomous status to Papua. Despite these advances, officially addressing Indonesia's legacy of abuse continues to be a daunting task.

In July 2001 Megawati Sukarnoputri, who had served as Wahid's vice-president, assumed the presidency after the legislature removed Wahid from power. Under her watch the Human Rights Court prosecuted persons allegedly responsible for crimes in East Timor. However, these trials have resulted in the acquittal of a majority of the accused and have been severely criticized as biased and ineffective. Furthermore, she did not take effective steps to restore the honor and status of victims of persecution during the Soeharto regime.

The succeeding government of President S.B. Yudhoyono, elected in Indonesia's first direct presidential election, oversaw the successful conclusion of a peace agreement in Aceh to end a 30-year old conflict in northern Sumatra. The agreement was brokered by the international community at the wake of a tsunami that killed more than 200,000 people in December 2004. However, the transitional justice provisions, particularly a TRC and human rights court for Aceh included in the agreement between the government and the former insurgency of the Free Aceh Movement, are still to be implemented. The ICTJ has supported the work of Acehnese civil society in preparing a concept for a TRC in Aceh.

(Updated March 2008)

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