The Asian Federation Against Involuntary Disappearances (AFAD), calls on newly-elected Indonesian President Jokowi Widodo to appoint Cabinet officials with clean human rights record in keeping with his election promise of addressing the justice claims of victims of human rights violations in the past.
AFAD is aware of the various interest groups that are now lobbying President Jokowi for key posts in his Cabinet. Based on the experiences of AFAD member-organizations from other Asia countries, addressing impunity for human rights violations proved difficult when representatives of groups responsible for human rights violations in the past are appointed to key positions in government because they block whatever measures undertaken to investigate and prosecute those from among their ranks.
Take the case of Nepal as concrete example. Measures to end impunity have been blocked by powerful forces in government because former Maoist rebels are now part of the coalition government and its people hold key positions. Their Truth and Reconciliation Act of 2014 that creates a Truth and Reconciliation Commission and a Commission on Investigation of Disappeared Persons (CIDP) include amnesty provisions for perpetrators and gives the Commission the power to decide over such cases even bypassing the existing laws of the country pertaining to criminal procedures. The Act has been heavily criticized even by the United Nations Human Rights Council as if fails to comply with international human rights norms.
It is in this light that we put forward our most serious concern on the surfacing of the names of former military Generals Wiranto and Ryacudu as possible candidates for security and defense related posts.
Former General Wiranto was the Minister of Defense and Security and Commander of the Indonesian National Armed Forces when the Trisakti, Semanggi I and Semanggi II tragedies happened. During the Indonesian occupation of Timor-Leste, he was Indonesian Minister of Defence and Commander of the Indonesian National Military (TNI). The Special Crimes Unit and Special Panels established by the UN Security Council in 2000 to investigate and prosecute crimes against humanity committed by the Indonesian military during its occupation of Timor-Leste indicted Gen. Wiranto, including six high-ranking TNI commanders. (see http://www.etan.org/news/2005/06exec.htm#Executive Summary). Further, the Commission of Experts appointed by the United Nations to review the prosecution of serious violations of human rights in Timor-Leste recommended the turnover of indictment files of Gen. Wiranto to the office of the Attorney General of Indonesia for investigation and prosecution.
Former Gen. Ryamizard Ryacudu on the other hand is a hard line militarist as he was against peaceful settlement of the conflict in Aceh. As the Commander of the Army Strategic Reserves (Panglima Komando Cadangan Strategis TNI AD) during the Ambon riots, he viewed those involved as “provocateurs” that must be “finished off” according to a report by KPP HAM Trisakti, Semanggi I dan Semanggi II.
AFAD has high expectations that President Jokowi will lead in the fight against impunity in his country. His being elected into office over a rich and powerful ex- military general signals a new hope for victims of human rights violations in Indonesia and those of Timor-Leste. Lastly, AFAD enjoins President Jokowi to hear the cries for justice of the victims and to never appoint a general or someone with dubious human rights record in his cabinet.
More specifically on the issue of enforced disappearance, AFAD calls on this new government to once and for all ratify the International Convention for the Protection of All Persons from Enforced Disappearance - a promise which was never fulfilled by the previous administration of former President Sucilo Bambang Yodhoyono. The clarification of the fate of disappeared 13 activists of 1997 and 1998 and justice and reparation for the 1965 victims are of equal importance, too.
Signed and authenticated by:
Mary Aileen Bacalso
Secretary General