TAKING MATTERS INTO OUR OWN HANDS
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Rethinking how to do transitional justice in the Asia-Pacific region Galuh Wandita TAKING MATTERS INTO OUR OWN HANDS
Transcript of TAKING MATTERS INTO OUR OWN HANDS
Rethinking how to do transitional justice in the Asia-Pacific region
Galuh Wandita
TAKING MATTERS INTO OUR OWN
HANDS
[After the escape of a male detainee], we five women were made to strip and stand naked while they shaved our heads. Then they burned our clothes in front of us ... As we walked through the village … the soldiers made all the people come out of their houses and look at us walking naked ...
CAVR Report
www.chegareport.net
Key principles sit well with a feminist approach
A holistic approach to dealing with the legacy of massive crimes
Accountability and transformation
Interaction between innovation in the field and international standards and laws
Contextual
“Victim-centered”
But, beware of rhetoric
“North -heavy” and academic/ international justice -driven
Peace processes male dominated zones
Victims invisible again after TJ mechanism
WHY TRANSITIONAL JUSTICE?
Truth-seeking
Prosecutions
Reparations
Institutional reform
FROm MECHANISMS TO RIGHTS
Access to Justice
Right to Truth
Guarantee Not
Repeat
Right to Repair
• Truth commissions: Timor-Leste; TL & Indonesia; South Korea; Srilanka; Thailand; Solomon Islands TRC
• Promise of truth commissions as part of peace processes: Nepal, Aceh –slow or stuck
• National/Intl Inquiries: UN Commissions of Inquiry Timor, Srilanka; SI inquiry into land conflict; Indonesian National HR Commission and Women’s Commission, Afghanistan
But truth commission few & far between, recommendations abandoned, victims forgotten
RIGHT TO TRUTH
PARALLEL PROCESS:
TRUTH
Women’s Tree of Fire: Understanding the
TENSIONS in Solomon Is lands
ACBIT & Victim’s Association
ACEH AND PAPUA
Coalition for Justice and Truth, KKPK Indonesia “Year of Truth”
ICC: poor rate of ratification in Asia
Cambodia Hybrid Court incl. forced marriage
Bangladesh war crimes tribunal, incl. rape
Indonesia human rights court: 100% acquittal rate
SI: Tension trials
RIGHT TO JUSTICE
PROSECUTING GENDER-BASED CRIMES IN TIMOR-LESTE
Only 6 indictments (out of 95) included rape. Only one conviction of rape as crimes against humanity.
Sexual slavery? Before 99?
Victim Trust Fund not established
PARALLEL PROCESS:
JUSTICE
• Nepal & Aceh: World Bank supported scheme for victims and communities, as part of ‘reintegration’
• Timor-Leste: CAVR urgent reparations, but recommendations not implemented
• SI: compensation paid out to militants
RIGHT TO REPAIR
PARALLEL PROCESS:
REPAIR
APOLOGY TO VICTIMS OF 1965
FROM A MAYOR IN PALU, INDONESIA
GIVING MEANING TO SOCIAL ASSISTANCE
• A blindspot?
SECURITY SECTOR, INSTITUTIONAL & CULTURAL REFORM
IN CONCLUSION
Not ad-hoc, or short -term
Addressing urgent needs of victims not just “promise of
reparations”
Over-focus on violations of civil political rights
Multiple approaches (emergency, reconstruction,
development, conflict, post -conflict)
Participation and empowerment
Parallel process or in the absence of…
A GENUINE FOCUS ON VICTIM & SURVIVORS
CREATIVITY IN THE FACE OF IMPUNITY
