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RELIGIOUS PERSPECTIVES ON HUMAN RIGHTS
E-Newsletter
Vol.2 No.48
November 28, 2000
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Religious Perspectives on Human Rights is now available online at: http://www.rghr.net
Religious Perspectives on Human Rights is a weekly e-newsletter issued by Buddhist, Muslim, Catholic and Christian Groups on Human Rights, initiated by the Asian Human Rights Commission.
1)The
Report of The Asian Human Rights Commission on its Initial Visit
to East Timor and the Implementation Plan (16 - 21 November 2000)
1. Our observation this few days is that there is a sense of
stability and peace among the people. Perhaps this is one
of the rarest moments of their entire history. As one
person observed, "East Timorese can now sleep in peace even
on roads." A people who have faced over 25 years of
counter-insurgency repression this is in deed a rare
experience. Early months after the Popular Consultation too
have been anxious ones. Overwhelmed by the extent of the
destruction and the resulting suffering of the people it is
quite understandable that there may not have been sufficient time
or mental condition for people to contemplate on more important
matters of the future. From what we have heard, it looks
that during early days of the UNTAET there had been subtle
tensions, which too are quite
understandable when a UN transitional authority begins its
work. However, now the feeling seems that things have got
more stabilized and that a more constructive internal dialogue
among the people is possible. Naturally in such a situation
local people are likely to give more thought to their future and
in that process they are also likely to be more assertive.
In fact, the local NGO community has begun its dialogue with the
UNTAET and also among themselves. Naturally when such
assertiveness begin there can be some misunderstanding and also
some exaggerated fears in all sides. It seems to us this
passing phase and that greater mutual understanding can be
arrived within a milieu where people feel more secure and are
without a great external threat. This is an ideal
moment for more intense human rights education involving more
people.
2. We found that there was variation among the East Timorese
groups on the extent of their knowledge on human rights and their
capacity for articulation. Some groups such as the East
Timor Jurists' Association and Yayasan-HAK, which are mainly
organizations of persons with legal competence showed greater
capacity to communicate on human rights matters. There were
other groups who are engaged in very extensive practical
activities throughout the country for promotion and protection of
human rights but lacked technical knowledge on human
rights. What was impressive was that there was a tremendous
commitment to work towards improvement of the human rights of the
East Timor people and for that purpose to expose themselves to
further training on human rights issues.
3. AHRC met the representatives from the following
groups:
Fokupers, National Commission on Civic Education, Student
Solidarity Council, Justice and Peace Commission of East Timor,
Yayasan-HAK, OMT,East Timor Jurists' Association, GFFTL.
4. The suggestion for an initial visit before beginning of the
training program was made by the AHRC with a view to assessing
their areas of interest, the extent of human rights competence
and where the emphasis of training must be placed given the
uniqueness of the situation of East Timor.The idea of
training is to give certain technical knowledge which they, if
they find useful, will use for bettering the human rights
situation in their country.
All discussions ended on a very positive note where the
Timorese not only expressed their willingness to participate in
these training programs but also wanted that they be allowed to
send a large number of their members for these training.
The discussions themselves were very intense and open.
Besides the training, the Timorese representatives expressed a
desire for a long-term partnership on human rights projects.
( Additional Information: two training are visualized by AHRC
from 7th to 20th Jan 2001)
2)
Legal Aid Services for 1200 prisoners, PARTICULARLY TO THE
INCARCERATED CHILDREN a report from CeLRRD in Nepal
As many of you know CeLRRd, with research support of Kathmandu
School of Law, is launching legal aid services for 1200 prisoners
through out the country. While visiting jails, we
frequently encounter cases where children are charged with crimes
without any consideration of laxity of sentences. A few weeks
ago, we discovered a case in Kathmandu where a child was found
languishing in judicial custody for not being able to pay bail
bond of a few hundred rupees. It is a matter of disgrace to say
that trial judges, who are supposed to pay serious attention to
the protection of children's rights, are not bit concerned with
child psychology and welfare while making detention orders. The
child we found in the jail was incarcerated with adults awaiting
trial. It is not a healthy practice. CeLRRd paid the bail bond
and the boy was released. While he, coming to Prisoners Legal Aid
Clinic at CeLRRd, said he was just 14 years of age, but his age
was increased to 16 years so that the police and prosecutors
could avoid the procedures they are supposed to follow in a
juvenile case.
The increment of age to avoid the juvenile procedure has been
seen a growing tendency. It clearly shows the dishonesty and
insensitivity on the part of criminal justice components, the
police, government attorney and the trial court. Nepal has signed
all the international human rights instruments, including Child
Rights Convention. Nepal has been a country in the SAARC region
which has a specific law on children enacted as an instrument to
give proper implementation to the Child Rights Convention.
We want to take up the "children's abuse in the school
and criminal trial" in the Supreme Court and foil the
"deplorable condition of injustice and exploitation".
We also believe that "people and organizations"
involved in drafting the governmental report on the Child Rights
Convention will also include these issues.
3)
CHILD LABOR: ILO Convention Comes Into Force
The International Labor Organization's Convention on the
Elimination of the Worst Forms of Child Labor came into force
last week with nearly 25% of the organization's 175 members
participating as formal signatories. Now that the convention is
in force, its signatories must take steps to outlaw and eliminate
child labor, which involves slavery, prostitution, pornography,
forced recruitment for armed conflict and drug trafficking
activities. ILO member states that have not signed the convention
are still bound to orient their policies toward the effective
elimination of child labor.
4)ASIAN
HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAM
AHRC UA Index: 001123 23 November 2000
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UA 40/00: Mass grave uncovered - impunity over 1965 Massacre must
end
INDONESIA - Impunity continues after 35 years
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A mass grave containing at least 24 victims from the 1965-66
massacre has been uncovered in a forest near Wonosobo, Central
Java, Indonesia. Digging at the site began on 16th November, and
further bodies were still being discovered when the excavation
had to end at 5pm on the 18th. Many bullets were found with the
bodies, and the skulls bore holes identified by the forensic
expert as the type caused by bullets. MOst of the bodies are
suspected to be those of political prisoners from a Yogyakarta
jail who were allegedly killed by the military. The digging was
coordinated by the Indonesian Institute for the Study of the
1965-66 Massacre (YPKP), led by 74 year-old Ibu Sulami, on behalf
of the hundreds of thousands of victims and family members who
survived Suharto's bloody purge of suspected communists. It is
estimated that well over one million persons were killed at this
time. Ibu Sulami, a survivor of 20 years as a political prisoner
under Suharto, was relieved to be able to uncover through
official means the first of many mass graves from that time.
Unfortunately she suffered a stroke on the second night of the
excavation and is now recovering after being transferred to a
Jakarta hospital. In the wake of the grotesque discovery in
Wonosobo, YPKP has called on the Indonesian National Human Rights
Commission (Komnas HAM) to conduct a full investigation into the
massacre. To date not one person has been prosecuted for these
killings, which were encouraged, supported and sanctioned by the
state and religious leaders.
SUGGESTED ACTION
Write to Komnas HAM, calling on them to enter the process to
conduct a full investigation into the massacre of 1965-66, which
could lead to the prosecution of those responsible for the
massacre. A sample letter is included below SAMPLE LETTER (Please
try not to copy directly)
Dear Mr. Nababan
I was shocked to learn that a mass grave was discovered near
Wonosobo in Central Java, containing at least 24 bodies of murder
victims from around 1966. Apparently the grave was discovered not
by the police or other government body, but by a group of senior
citizens who are family members of victims from that time. It
seems that there are many other such mass graves, and that the
number of people killed around that time when Suharto came to
power is probably well over one million.
I am writing to urge you to begin a process to conduct a full
investigation into the massacre that occurred in 1965-66. While
such an exercise may anger some important people in Indonesia,
that suffering is incomparable to the suffering of the victims
who lost their family members and their freedom under the
direction of the government and religious leaders of the time.
Two years after Suharto's 32-year rule ended, the victims have
surely waited long enough to see justice done. If even the
gruesome discovery in Wonosobo is not enough to begin the process
leading to prosecutions, the perpetrators of these crimes will no
doubt get the message that further similar crimes may be
committed with impunity. This sets up an extremely volatile
environment. The South African example showed that the crimes
under dictatorship must be addressed as quickly as possible in
order to build a true democracy.
I look forward to hearing about your plans for cooperating
with the victims' group to investigate, prosecute and resolve
this crime against humanity in the coming weeks.
sincerely
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SEND LETTERS (preferably by fax) TO
Mr. Asmara Nababan
Secretary General
Komnas HAM
Jl. Latuharhary No. 4B Menteng
Jakarta Pusat
FAX: (6221) 392 5227
EMAIL: info@komnas.go.id
Posted on 2000-11-28
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