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RELIGIOUS PERSPECTIVES ON HUMAN RIGHTS

E-Newsletter
Vol.3 No.49
December 3, 2001


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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.

Religious Perspectives on Human Rights E-Newsletter Vol.3. No.49; December 3, 2001

(This weekly e-newsletter is issued by the Buddhist, Muslim, Catholic and Christian Groups on Human Rights initiated by the Asian Human Rights Commission)

CONTENTS

1) REPRESSION- DEPRESSION AND ENERGY TO FIGHT AGAINST VIOLATION OF RIGHTS - Basil Fernando
2) REFORM PROSECUTION SYSTEMS IN ASIAN COUNTRIES TO ENABLE HUMAN RIGHTS!

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1) REPRESSION- DEPRESSION AND ENERGY TO FIGHT AGAINST VIOLATION OF RIGHTS - Basil Fernando

* Things are too hurting to speak about

The impressions created by some types of repression is so deep that the people who carry such impressions find it difficult to speak about it. The shock caused by the original events may have caused such extra-ordinary pain that the sufferers internalize their pain so much that it causes great difficulties to come out by way of speech. Pain and fear combines to make them silent.

* Too Painful

The levels of repression can be so high that it shatters the sufferers?and on lookers?beliefs in humanity. People find it difficult to reconcile what they have learned about being human with the deep violence caused by repression: thus the aspirations and the experience get split. The experience of mass murder and torture, directly or indirectly (by seeing it happening to others), can create such deep pain, that the sufferers unconsciously bury it inside and do not want to look at it again.. Internally s/he becomes a transformed person, though externally s/he may act as if nothing has happened. This can happen collectively when the repression takes place nation wide.

* Too Fearful

Cruel forms of repression also create the fear that it may be repeated. The sufferers lose normal sense of security and unfortunately they can never really recover fully from it. People fear also consequences of revealing their experiences to themselves and others. Abnormal violence creates such deep trauma which last all their lives and are transferred to the next generation.

* Redeeming the Quality of Victims?Speech

Despite of such pain and fear the only way the victims of such repression can come out of this situation is through speech. However, for such speech to become possible a milieu must be created, which respects and understand their suffering. The atmosphere of love and trust are essential elements of such a milieu. There must be no hurry and people must be able to express themselves leisurely. Once the initial difficulties are overcome, speech is bound to flow endlessly. When that point is reached the society has arrived at the point of no return and recovery process from the original situation created by the repression is thus reached. It is only the victims?voices that can redeem societies suffering from bloodshed in the past. It is the sufferer who has the key to curing the society which betrayed him or her. In this process of speech by which the sufferers reveal themselves a point will be reached when the society seeks pardon. That is the point at which genuine reconciliation takes place.

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2) REFORM PROSECUTION SYSTEMS IN ASIAN COUNTRIES TO ENABLE HUMAN RIGHTS!

International Human Rights Day 2001, December 10

Dear friends,

International Human Rights Day, celebrated every year on December 10, is coming up soon. The Asian Human Rights Commission has decided to take the 2001 theme “Reform Prosecution Systems in Asian Countries to Enable Human Rights!?in order to highlight the critical condition of most prosecution systems in the Asian countries, and the disastrous effect this has on all human rights.
Every day, people in the Asian region are denied their basic human rights because of widespread malfunctioning in the judicial systems. One of the major problems is the extensive lack of prosecution of criminals responsible for human rights violations. This judicial malpractice takes many forms in Asia e.g.

* Bribery of police or judges to influence or avoid a trial or reduce sentences.

In some Asian countries, you can determine your own sentence by the amount you are prepared to pay the judge. In Cambodia, judges are paid US per month ?it is assumed that they can survive by supplementing this through extra payments by defendants.

* Cases not being put to trial because the accused has political, economic or social influence or simply because the police do not have the will, skills or resources to do investigations.

In Sri Lanka, 60,000 disappearances in 1988-92 are yet to be prosecuted, despite good government enquiries taking place. The members of police, military, parliament and public service who organised and carried out this crime against humanity have mostly enjoyed promotions. A classic example is the case of Janaka Perera, who was personally responsible for an illegal detention camp where hundreds were brutally tortured and killed, and was recently posted as Ambassador to Australia.

* Absence of rule of law in conflict zones.

In Aceh, for example, almost all of the judges have left the region in fear of their lives. In any case, the police are mostly operating in Aceh for ‘security?purposes and have been actively assisting the political and military repression of Acehnese people. Disappearances ?at the hands of the miltiary, Free Aceh Movement, police, or the ‘unknown?military ?take place every day, but not a single case is taken to court.

* People being above the law e.g. police, politicians, businessmen, and many others depending on the given country context.

Tommy Suharto’s escapades in Indonesia ?where he ‘avoided capture?by police for months after sentencing, and reputedly organised several bombings and the assassination of a judge before having his verdict mysteriously overturned ?are a classic example of the breakdown of justice systems in Asia.

* The police being indifferent or resistant to complaints raised by vulnerable groups, minorities and women, either by not registering complaints, not doing any investigation or not investigating sufficiently.

The treatment of Dalits in India is typical of the approach of many police forces in Asia. It is quite common for Dalits who come to the police as victims of a crime to be charged as the culprits instead, whilst high-caste community members enjoy impunity, even after the worst atrocities and despite the existence of very progressive laws against these crimes.

This pervasive neglect of justice and prosecution of perpetrators is destroying ordinary people’s trust in the judicial system and giving confidence to serious criminals (including those in the security forces!). It is thereby creating tremendous insecurity, which again is making many people reluctant to report criminal offenses even if they themselves are the victims. In some countries, this situation has animated “street parliaments?to execute alleged criminals on the spot. This barbaric lawlessness is a symptom of the deterioration of ordinary people’s faith in the chances of seeking legal redress against criminals.
Therefore AHRC sees the malfunctioning of most judicial systems in Asia, along with the lack of truly independent and strong public institutions investigating police and judiciary, as a major hindrance to the overall strengthening of human rights and democracy. The judicial system must be based on a general principle of equality and transparency and should be working for the people not against them.

*** ACTION! ***

In order to increase regional public attention to this matter the Asian Human Rights Commission will be making a poster reflecting some of our thoughts on the issue and we encourage you to join our campaign on this very important topic. Let us know if you would like a copy of the poster. In the meantime, we urge you to consider our theme seriously, and to organise ACTION in your local area on December 10. Some ideas for action include:

* Write protest letters to the Prosecutor General or Attorney General in your country. You may wish to make this a petition, a joint statement or a personal letter (see the SAMPLE LETTER attached)

* Organise a peaceful demonstration at the office of the Attorney General, Minister for Justice or the Inspector General of Police, to demand reform of the system and justice for victims

* Take up one case where the prosecution system has failed to deliver justice to the victims and their families, eg. poster and postcard campaign, as used for the cases of Rita (rape and torture victim) and Umadevi (tortured and murdered) in Sri Lanka

* Put on a play about ‘what happens when someone commits a crime in our country?

* Hold a press conference, highlighting the unresolved cases and making demands about the need for reform of the judicial systems.

Please let us know how you are planning to celebrate Human Rights Day, and if we can help in any way. You can email Tim Gill at timgill@ahrchk.org , or for copies of the poster, email Fanny Ng on fungyee@ahrchk.org . Also, don’t forget to take and send us photos and reports of your action, so we can publicise it further through media, websites, etc.

In solidarity

Basil Fernando
(for the AHRC Human Rights Day organising committee:
William Laursen, Philip Setunga, Fanny Ng, Basil Fernando and Tim Gill)