An Obituary: December 8, 1965-September 7, 2004
“There’s no forgetting,
there’s no winter
That will wipe your name,
shining brother,
From the lips of the people.”
Pablo Neruda
Last Meeting with Munir
Late Thursday afternoon of September 6, 2004, around 60 victims and relatives of victims of human rights violations were sitting in front of the office of KontraS. There was a special meeting that afternoon - a farewell meeting with Munir before he left for The Netherlands to pursue his Masters degree on international law on human rights in Utrecht University. The 60 victims and their relatives were coming from various communities that have been struggling for human rights together with Munir since early 1998 - when Munir was then the coordinator of KontraS.
At about 4 p.m, Munir showed up. He got off from his second hand car. It is a cheap used Toyota that he bought on a credit basis four months ago from a friend. Munir greeted all of us, and we all entered the meeting room of KontraS.
Munir delivered a ten-minute speech saying that he was going to The Netherlands to continue his studies on a subject that is very much related to human rights and justice for the victims. He added further that his studies were a part of the ongoing struggle for human rights. He also said that his stay in The Netherlands did not mean that he would be away. More specifically, Munir told the victims to unite and strengthen their solidarity, since the coming presidential election (scheduled on September 20, 2004) would not bring about significant change in favor of their interests. The newly adopted Bill on Truth and Reconciliation Commission (KKR) and the controversial Draft Bill on the Indonesian Military (RUU TNI) needed to be challenged. Otherwise, both Bills will pave the way to impunity for the perpetrators of human rights violations and to the military’s political come-back.
There were many responses. A number expressed expectations that Munir would succeed in his studies and soon come back to the struggle in the field with the victims. However, it could not be hidden that the victims felt the loss with the daily absence of Munir in the next days to come. Seeing this, Munir said that he would be available 24 hours for them. “If there is anything you want me to know, please send me letters. You can also email me from KontraS’ office. It is available for the victims.”
Never did it occur to us that it would be our last meeting with Munir. Unexpectedly, on September 7, 2004, we were shocked by the news that our best comrade, leader and teacher Munir passed away at the young age of 38 during his flight to Amsterdam.
People from all over Indonesia shed tears, expressed deep sorrow and felt a deep loss. Munir’s death is the greatest loss to the Indonesian struggle for the defense and promotion of human rights and solving human rights violations. Mrs. Ade Sitompul, one of the human rights defenders from the Voice of Indonesian Human Rights (SHMI), stated that a figure like Munir can only be found in a certain situation. She further said that it would take a very long time to have someone like him.
Living in the Struggle
In his short yet productive life, Munir had fully dedicated himself to defend the victims of politics and injustice by the state. That is why he took the right step of choosing a Legal Aid Institute (LBH) as a place to defend the victims’ human rights. At Surabaya Legal Aid Institute (LBH Surabaya), he became the Head of the Labor and Civil Rights – a position in which he had to directly deal with the state’s repressive instruments such as the military and with its anti-labor and anti-democracy policies.
In 1993, Munir, together with NGO activists, did a thorough investigation on and intensive campaign against the death of Marsinah, a female worker who was murdered after leading a strike in Sidoardjo. Marsinah convinced her co-workers to stop working. At that time, the case became a national issue. It was eventually brought before the United Nations (UN) Commission on Human Rights.
The main perpetrator was strongly assumed to be the military. Munir, then, was elected as the secretary of The Solidarity Committee for Marsinah (KASUM). This case had brought to the national front the name of Munir - a courageous person who openly accused the military of being responsible for the murder of Marsinah. Such a quality was rarely possessed by human rights defenders during that time. The military felt annoyed by Munir’s courage and strong determination to keep moving forward to make them responsible for Marsinah’s death.
As a consequence, Munir was abducted and intimidated by the Bakorstanasda1 of Brawijaya Military Command (KODAM) in Surabaya. They ordered him to stop all his campaign activities and quit issuing statements that endangered the position of the military. Amidst all this, Munir was all the more convinced that the military had a connection with Marsinah’s death. He then persisted in fighting for Marsinah’s case until it was eventually brought before the UN Commission on Human Rights.
The advocacy for Marsinah’s case had shown what exactly Munir was like. He was never scared to defend human rights despite the fact that he had to deal with the most powerful enemy, the military. His character had become the most important thread of his commitment as a human rights defender who stood against the power and might of the military.
Munir also got involved in defending the victims of gross human rights violations in Aceh and East Timor.
The highlight of Munir’s struggle for human rights and his significant contribution to the next enforcement process of human rights were made manifest when he established KontraS in March 1998 of which he was the head. Its establishment began with the investigation on the series of systematic abductions of some pro-democracy activists by the Army Special Forces (Kopasus) that occurred in mid 1997 up to mid 1998 in relation to the People’s Consultative Assembly General Session (SU MPR) when the Jenderal Besar Soeharto was elected as the President of Indonesia for the seventh time. At that time, the Commander of Kopasus was General Major Prabowo, Suharto’s son-in-law.
Some victims of abductions who were released through the efforts of Munir and KontraS conducted campaign and lobbying efforts vis-à-vis the government and the military in order to force them to admit their involvement in such cases and also to release all victims of abduction who were still detained.
Never in the Indonesian history that a military general was suspended for having led an operation or advocated a policy that violated human rights. In most cases, it only happened at the troop level. However, Munir and KontraS, with the strong support of the victims and their families, had successfully urged the Military Honor Council (Dewan Kehormatan Militer) to suspend Lieutenant General Prabowo Subianto who, at that time, became the Commander of the Army Strategic Reserve Command (Pangkostrad).
Nevertheless, all investigations on the perpetrators of the abductions still showed that there was impunity for those who held the military command. Knowing that investigations on the cases of involuntary disappearances by the state were not completely done, Munir encouraged the victims and their relatives to establish an Indonesian Association of Families of the Disappeared known as IKOHI in the late 1998. IKOHI continues to take important measures needed in order to impose state responsibility in human rights violations and to look for those who are still missing. IKOHI does not only act as a campaign machinery, it likewise functions as an organization of the victims, which aims to empower the latter, their families and the greater society.
Impunity for the perpetrators of human rights violations had also bothered Munir’s mind, especially when the Draft Law of the Truth and Reconciliation Commission started being deliberated by the Parliament (Dewan perwakilan Rakyat) last year. He noticed that it was not the right time to propose the draft considering the political situation which could have resulted in a law that would legalize impunity and promote reconciliation without truth and justice.
Munir’s Legacy
There are perhaps three main ideas of Munir’s struggle for human rights. First, he fearlessly fought against various structures and policies violating human rights. In the case of Indonesia, the structures that are often linked with human rights violations are military institutions or the Indonesian Armed Forces (TNI) and the Police (Polri). That is why the process to enhance human rights will directly and indirectly deal with the military. Putting the military out of politics and creating a professional army under the civil supremacy, according to Munir, are the main pre-requisites to decrease the level of gross human rights violations in Indonesia. But history speaks that it can never be separated from the military. Before his death, Munir suggested that the Draft of the TNI’s Law recover the Dual Functions2 (Dwi Fungsi) of TNI. He also urged that the army’s political role be absolutely rejected, since it means providing room for further gross human rights violations.
Second, he always stood up for the victims of human rights violations and took their side. He always gave prime importance to their dreams and aspirations in order to give utmost consideration to what he said as the victims’ perspective. Humbly, he never forgot allocating his time to be with the victims. He listened to their deep sorrow, screams, anger, hopes and despair. He was always alert 24 hours a day, 7 days a week and ready to be visited and be called by victims of human rights violations who needed counseling and advice. He was available to listen. Thus, he very well understood how the victims and their families felt emotionally and psychologically. Everything he had publicly campaigned and stated was a reflection of their sentiments. By dint of his profound relationship with the victims, he became a deeply-rooted defender of the poor. It is only one in a million that a human rights defender at the international level was humble and down-to-earth - always there standing for the people.
Third, courage is the most important thing in struggling for human rights in Indonesia. Munir was a phenomenon because he continued moving forward and leading the victims and society in criticizing the para-military and state practices. That is why the military apparatus was allergic to him and to all his human rights activities. He never gave up fighting for the victims’ rights. He even faced a series of terror acts against his own person such as bomb explosions at his residence and threats of being killed.
Knowing that he passed away, we feel a great loss. Nobody can take Munir’s place. To remember him and his great work is to continue standing for the victims and fighting against all structures directly and indirectly linked with the human rights violations. This is the best thing for us to do to remember the most courageous human rights defender in Indonesia: MUNIR.
Let Munir’s spirit and courage serve as an undying example to all human rights defenders.
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Footnotes
1 Bakorstanasda stands for Coordinating Body for National and Regional Stability, an extrajudicial body set up by New Order as a repressive means of controlling the people.
2 The Dual Functions of the Indonesian military are defense and security as well as social and political functions.
