CONSIDERING VICTIMS The Aceh Peace Process from a Transitional Justice Perspective

Transcription

1 CONSIDERING VICTIMS The Aceh Peace Prcess frm a Transitinal Justice Perspective EXECUTIVE SUMMARY In 2005 the cnflict in Aceh fficially ended with the signing f the Helsinki Memrandum f Understanding (MU). In 2006 the Indnesian Parliament passed the Law n the Gverning f Aceh (LGA) t cdify in Indnesian law many f the cmmitments it had made in Helsinki. Hwever, this was nt the first time in Aceh s 30 years f cnflict that a peace r ceasefire agreement had been reached. Several ther agreements were suppsed t stp the vilence in Aceh, but ver time they all failed. It is therefre essential t cntinually mnitr and evaluate current peace-building effrts in Aceh t ensure that this time peace remains stable. Despite cnsiderable prgress, rising tensins between and amng varius actrs have illuminated the need t evaluate peace-building effrts frm a transitinal justice perspective. This reprt, based n research cnducted by the Internatinal Center fr Transitinal Justice (ICTJ) and Acehnese civil sciety, aims t prvide such an evaluatin, paying particular attentin t the vices f victims. Transitinal Justice Framewrk A transitinal justice framewrk prvides tls t strengthen the prcess f creating and sustaining peace. The fur key elements f a transitinal justice apprach are truth-seeking, reparatins, prsecutins, and institutinal refrm. By develping an integrated, cmprehensive, gender-sensitive, and lcalized, cntextual apprach using these elements, scieties making a transitin frm cnflict can prmte sustainable peace and recnciliatin. The ICTJ s experiences wrking in pstcnflict peace-building envirnments arund the glbe have highlighted three main lessns: Successful peace building requires listening t the vices f victims. Victims are imprtant stakehlders in the peace prcess, but their viewpints and demands are ften nt represented during peace negtiatins. Justice shuld be cnceived f bradly. Prviding justice means nt nly hlding frmal trials fr perpetratrs, but als prviding reparatins, carrying ut truth-seeking initiatives, and refrming institutins implicated in human rights vilatins. Peace is a prcess. Laying dwn arms is an imprtant first step, but sustaining peace requires addressing the cnflict s rt causes as well as helping thse it has marginalized. Repairing the Past, Rebuilding the Cmmn Future 1

2 Brief Backgrund t the Cnflict and Past Attempts t Frge Peace Cnflict in Aceh ges back mre than 60 years. On December 4, 1976, members f the Free Aceh Mvement (GAM) unilaterally declared Acehnese independence. This act ushered in 30 years f prtracted cnflict, as Indnesian natinal frces fught separatist GAM members fr cntrl f Aceh. Over the years the cnflict varied in intensity and scpe. There were several attempts at peace but nne lasted. The cnflict s tll n civilian lives has been immense. It is estimated that thusands f civilians were killed and thusands mre trtured and disappeared. Rape and sexual vilence were widespread, alng with arbitrary arrests, detentins, mass displacements, and recruitment f child sldiers. Everyne in Aceh was affected by the cnflict, either by these direct abuses r the impact n educatin, health, and livelihds. Transitinal Justice Appraches Included in the Peace Agreement The tragic tsunami f December 2004 brught much-needed impetus fr peace back t Aceh. After five runds f negtiatins, n August 5, 2005, the gvernment f Indnesia (GI) and GAM signed the Helsinki MU. This peace agreement set ut in general terms the future gvernance f Aceh and attempted t address the key scial, plitical, and ecnmic causes f the cnflict t prvide a sustainable peace. The Helsinki MU als cntained varius elements relevant t transitinal justice, including: Amnesties fr thse imprisned fr their participatin in GAM activities, with a reaffirmatin f the GI s bligatins t adhere t internatinal human rights instruments; Specified benchmarks and timetables fr the dembilizatin, disarmament, and decmmissining f GAM and Indnesian security frces in Aceh. It als established a reintegratin agenda fr frmer cmbatants, plitical prisners, and civilians wh suffered a demnstrable lss ; Prvisins fr the establishment f a Human Rights Curt and a Truth and Recnciliatin Cmmissin (TRC) fr Aceh; Specified institutinal refrms t help strengthen the rule f law. The Indnesian Parliament cdified many its MU bligatins in law by passing the LGA in August Hwever, the LGA differed frm the MU in a few significant ways. While establishing the Human Rights Curt and TRC fr Aceh, the LGA limited the Curt s jurisdictin t future abuses and made the Aceh TRC an inseparable part f an anticipated, but nt yet existing, natinal TRC. It als prvided n guidance fr the reintegratin agenda included in the MU. The Helsinki MU s insufficient fcus n the rights f victims and the LGA s restrictins n the Human Rights Curt and TRC created significant deficiencies in Aceh s transitinal justice framewrk. Repairing the Past, Rebuilding the Cmmn Future 2

3 Implementing Peace: Pstcnflict Prgrams in the New Aceh Pstcnflict peace-building prgrams in Aceh have fcused n three areas: disarmament and decmmissining, dembilizatin f GAM, and reintegratin f frmer cmbatants. Disarmament and decmmissining tk place in accrdance with the MU s fur-stage apprach. Between September t December 2005, GAM turned in 840 weapns, and the Indnesian gvernment relcated tens f thusands f nn-rganic military and plice persnnel and released GAM s amnestied prisners. 1 GAM fficially dembilized by disbanding its military wing, the TNA, in December 2005 and transfrming it int the plitical Cmmittee fr the Transitin in Aceh (KPA). The extent f GAM s true dembilizatin remains unclear, since the KPA has retained the military structure, hierarchy, and membership f the TNA. Reintegratin has been the fcus f the peace prcess in Aceh. The task f implementing the lng-term reintegratin prgram envisaged by the Helsinki MU was given t the Aceh Reintegratin Authrity (BRA), an rganizatin established thrugh cperatin f the GI, GAM, and civil sciety representatives. Hwever, internal disputes have caused civil sciety and KPA/GAM t withdraw frm the BRA. As a result the new BRA fcuses slely n scial and ecnmic prgrams and has been funded almst entirely by the natinal budget. Despite many challenges the BRA reintegratin prgrams have managed t deliver ecnmic assistance t frmer GAM cmbatants, frmer anti-separatist militia grups, cnflict-affected cmmunities, and many families f civilians killed during the cnflict. Other internatinal rganizatins have supprted and supplemented BRA s ecnmic assistance with lngerterm scial, ecnmic, and plitical reintegratin prgrams prviding skills training, heath services, and educatinal supplies. Listening t the Vices f Victims Until nw insufficient attentin has been given t the needs and views f the civilian victims f the Aceh cnflict. As a result the ICTJ, tgether with civil sciety rganizatins, cnducted interviews and fcus grups with 113 victims frm nine districts in the regin. The intentin was t better understand victims views n the cnflict and the peace prcess. Discussins revealed many victims were grateful fr the increased security at the end f the cnflict. Hwever, victims shwed grwing discntent. Many felt The peace-building prcess has nt recgnized their suffering; Frmer cmbatants are receiving an unfair share f available assistance; They are marginalized because BRA s criteria fr determining wh qualifies as a victim unnecessarily excludes them; They had a deep desire t discver the truth regarding particular vilent incidents and the lcatins f their lved nes wh had been killed r disappeared; Justice shuld be dne thrugh criminal prsecutins and punishments; 1 In Indnesia nn-rganic frces are thse nt deplyed n a regular basis in a given regin but dispatched when a cnflict situatin escalates t a level that rganic territrial units cannt handle. Givanni Grevi, The Aceh Mnitring Missin: Tward Integrated Crisis Management, The EU Missin in Aceh: Implementing Peace, December 2005, nte 29, ccasin/cc61.pdf. Repairing the Past, Rebuilding the Cmmn Future 3

4 They needed assurance that these abuses wuld never happen again. Transitinal Justice Gaps Analyzing current peace-building initiatives alngside victims statements f their grwing discntent highlights significant gaps in transitinal justice in Aceh. Addressing these gaps with a hlistic and integrated transitinal-justice apprach is necessary t avid destabilizing the hard-fught peace. Reintegratin Currently Bears T Much f the Burden Fcus n reintegratin addresses nly ne aspect f the transitin. Current reintegratin prgrams intensify the marginalizatin f vulnerable victims. They als fcus t much n shrt-term ecnmic assistance, nt addressing mre pertinent lng-term needs. As a result they increase tensins amng the stakehlders. Reintegratin prgrams must be refrmed t wrk with ther transitinal justice mechanisms, t ensure that victims interests are dealt with apprpriately. They must als fcus mre n prviding greater nnfinancial assistance. Truth-seeking is Essential Acknwledging the truth abut what happened in the past is a necessary precnditin fr successful reintegratin, reparatins, and institutinal refrm prgrams. Identifying victims f human rights vilatins can mitigate cmmunity tensin by finding thse mst entitled t and mst in need f rehabilitatin. Recgnizing the harm victims suffered prevents them frm interpreting cmpensatin as an attempt t buy their silence. Identifying thse respnsible fr abuses is a necessary precnditin t ensure their remval frm fficial psitins. An independent truth-seeking prcess, as envisined by the Helsinki MU, wuld prvide a gd starting pint fr ther urgently needed transitinal-justice mechanisms. Reparatins Must Be Independent frm Reintegratin Althugh victims with urgent needs shuld cntinue t receive assistance under the current reintegratin prgram, ultimately reparatins prgrams must be separated frm reintegratin initiatives. A cmprehensive reparatins prgram shuld therefre be designed. It shuld be based n a truth-seeking prcess that will identify victims f human rights abuses and their needs. Reparatins als shuld nt be limited t mnetary cmpensatin but shuld take the frm f scial prgrams prmting health, educatin, and sustainable livelihds, as well as symblically hnring victims. Prsecutins Must Hld Perpetratrs Accuntable Several ptins, such as using Indnesia s human rights curt established by Law 26/2000, exist fr prsecuting thse mst respnsible fr serius abuses cmmitted during Aceh s cnflict. Hwever, weaknesses in the Indnesian judiciary mean that meaningful prsecutins will require a lng-term strategy t ensure sufficient plitical will, judicial independence, and impartiality, as well as training f relevant actrs in the justice sectr. Institutinal Refrm Is Needed t Restre Trust and Ensure Nnrepetitin f Abuses Institutinal refrm will restre the cmmunity s faith in gverning institutins. Plitical, judicial, and legal refrms shuld address crruptin and extrtin as well as ensure Repairing the Past, Rebuilding the Cmmn Future 4

5 equal prtectin under the law. The security sectr must als recgnize and remve abusive and crrupt fficers and adpt plicies t ensure that fficers d nt participate in r cndne future abuses. Mrever, refrms shuld clarify pstcnflict rles f the varius security-sectr institutins, address illegal revenue raising, and increase civilian versight and transparency f security-sectr institutins. Civil Sciety s Initiative fr an Aceh TRC Creating a TRC fr Aceh wuld be a significant step tward filling current transitinal justice gaps and creating a mre sustainable peace. The Indnesian Cnstitutinal Curt s decisin t strike dwn a natinal TRC law in December 2006 frced civil sciety rganizatins t think mre creatively abut a TRC fr Aceh. The result was a cncept paper that prvided a framewrk fr an Acehnese TRC. The main features include A lcal truth-seeking prcess designed and implemented in Aceh, with the primary aim t listen t the experiences and hpes f victims; A cmmissin, established by lcal rdinance passed by the Acehnese Parliament, which culd nt exercise its pwers beynd Aceh and wuld nt have subpena pwers; A mandate t examine human rights vilatins cmmitted by all sides in the cnflict, with adequate prtectins t ensure impartiality and independence; Decentralizatin, with reginal ffices playing an imprtant rle in implementing the TRC s mandate at the grassrts level; An accmpanying vluntary, cmmunity-based recnciliatin prcess t prvide mediatin f cnflicts related t past abuses at the lcal level; Supprt frm Jakarta will be critical t the implementatin f this lcal Aceh TRC. Frmally a TRC fr Aceh has already been established under natinal Indnesian law (the LGA), but its establishment requires the passage f further lcal laws. Althugh there is sme legal uncertainty abut the relatinship between an Aceh TRC and a natinal TRC, a clse reading f the LGA supprts the view that an Aceh TRC may be established befre a natinal TRC. Accrding t this legal interpretatin the Cnstitutinal Curt s ruling, which struck dwn the natinal TRC law, des nt prhibit r necessarily delay the creatin f a TRC fr Aceh. Summary Cnclusins and Recmmendatins The initial steps tward establishing peace in Aceh dembilizing, decmmissining, and disarming have been cmpleted fr the mst part. The initial reintegratin f frmer cmbatants int lcal cmmunities has als had sme success. Yet despite these accmplishments, tensins amng stakehlder grups are beginning t rise, threatening the nascent peace. An analysis f existing pstcnflict peace-building prgrams, as well as interviews and fcus grup discussins with victims f the cnflict, all highlight the need fr a mre hlistic and integrated transitinal-justice apprach t help deal with rising tensins. Truth- Repairing the Past, Rebuilding the Cmmn Future 5

6 seeking, cmprehensive reparatins, targeted prsecutins, and institutinal refrm are needed t sustain peace. This reprt makes the fllwing recmmendatins: Immediately create a lcal TRC fr Aceh, based n the civil sciety mdel, as a starting pint fr truth-seeking, reparatins, reintegratin, and institutinal refrm. At the same time, address legal issues at the natinal level t ensure that a lcal TRC can functin effectively; Immediately take steps t establish a Human Rights Curt fr Aceh and simultaneusly re-pen investigatins f past human rights abuses using existing legislatin and mechanisms; Assign the TRC t design a cmprehensive, transparent, and apprpriately gendered reparatins prgram. Based n the TRC s findings regarding victims, this prgram must prvide a hlistic reparatins package emphasizing psychscial rehabilitatin. In the meantime the TRC can als crdinate with existing prgrams and refer victims with urgent needs; Create a lng-term strategy t build judicial independence, impartiality, and prfessinal judicial capacity, with the gal f hlding fair trials f thse accused f being mst respnsible fr atrcities in Aceh; Engage in institutinal refrm t help reestablish trust between lcal cmmunities and the varius authrities running Aceh. Initial refrms shuld include Plitical, judicial, and legal refrms t address crruptin and extrtin; Judicial and legal refrms t ensure equal prtectin fr wmen under the law; Vetting f security sectr persnnel; Increased civilian versight f the security sectr; Increased transparency and cmmunicatin amng the gvernment, security actrs, and the cmmunity; Refcus BRA s reintegratin prgrams t prvide mre lng-term, sustainable livelihd, heath, and educatin assistance; Cnnect BRA prgrams with the Aceh TRC t ensure that assistance is targeted at thse mst in need; Invite sustained internatinal engagement in the peace prcess t help ensure implementatin f internatinal best practice and strengthen lcal capacity. Repairing the Past, Rebuilding the Cmmn Future 6