Showing posts with label impunity. Show all posts
Showing posts with label impunity. Show all posts

Monday, November 18, 2013

Indonesia and the School of the Americas

Indonesia and the School of the Americas:

excerpts:
"Inside Indonesia impunity continues to reign supreme: despite some modest gains in reforming the military over the past decade, regular human rights violations continue in West Papua and elsewhere, and the U.S.-created Detachment 88 acts like a death squad, killing suspected terrorists at will. Past crimes continue to go unpunished, with those responsible enjoying prominent positions: Prabowo has formed his own political party and is a leading contender for president, Sjafrie Syamsuddin is a vice-minister, and Lumintang is set to be the next ambassador to the Philippines. General Wiranto, indicted in Timor for his role as head of the military in 1999, is also planning a presidential run."
"It is clear that the Pentagon has also failed to absorb the lessons of the past. With the State Department as a willing ally, human rightsconditions on U.S. military training and other assistance to Indonesian security forces have been systematically dismantled. Despite its rights rhetoric, the Obama administration, like its predecessors, has put made engagement with Indonesia’s security forces a priority. This is what makes actions like the annual mobilization against the SOA so important.
"When the School of the Americas is finally closed it will be an important victory for its victims across the Western Hemisphere, Indonesia, and the world. However, its end must be followed by larger moves to dismantle the system of training which supports atrocities across the globe – including full accountability for those who committed past atrocities, and for those who trained and equipped them."

'via Blog this'

Thursday, August 15, 2013

Guatemalan path for Indonesian justice

Guatemalan path for Indonesian justice
By Andrew de Sousa*
Over two months ago, a packed courtroom in Guatemala City appeared to be in chaos. Many were in tears as the room filled with cries of "justicia!". The former military dictator General Efrain Rios Montt, meanwhile, was surrounded to ensure he would not escape.

What many assumed to be impossible had happened: someone was being held responsible for some of the worst human rights abuses of the past century, the genocide of the indigenous Maya of Guatemala. Despite its notoriously corrupt judicial system, Guatemala had become the first country in the world to convict a former president for genocide in its own territory. It was a legal victory for human rights everywhere and ideally will serve as precedent for holding other leaders accountable, including in Indonesia.

While separated by some 16,000 kilometers of Pacific Ocean, Guatemala and Indonesia have similar modern histories. At the beginning of the Cold War, the United States government felt threatened by progressive, leftist movements in both countries. A decade before the Central Intelligence Agency supported General Suharto's rise to power, the democratically-elected Guatemalan president Jacobo Arbenz was ousted in a CIA-backed coup d'etat, just two years after legalizing the communist party and 18 months into a modest land reform program perceived as a threat to US business interests.

Throughout the Cold War, the US provided support to both the Indonesian and Guatemalan militaries under the pretext of stopping the spread of Communism. Just as perceived links to the Communist Party of Indonesia, or Partai Komunis Indonesia (PKI), or Chinese ethnicity were used to justify the massacre of as many as one million Indonesians, the Guatemalan military killed an estimated 200,000 mostly unarmed indigenous Mayans who were assumed to be guerrilla sympathizers based solely on their ethnicity. Before the purge, the PKI was the world's largest non-ruling communist party.

In the late 1970s and early 1980s, while the Indonesian military's atrocities extended to the annexed island of East Timor, now known as Timor-Leste, across the Pacific a succession of military regimes increased their repression of the Guatemalan people. While thousands of activists were disappeared in the cities, the military conducted a scorched earth campaign against the entire Maya population.

While then US president Ronald Reagan applauded the "wise and steadfast leadership" of General Suharto, his praise for Guatemalan General Rios Montt was even more effusive. According to Reagan, the military dictator who oversaw the 16 bloodiest months of the 36-year conflict in Guatemala was "a man of great personal integrity and commitment".

The conflict in Guatemala officially ended with the signing of the 1996 Peace Accords. The government agreed to uphold international human rights standards, end extra-judicial or clandestine security forces, stop extra-judicial executions and enforced disappearances, and create a United Nations-supported Historical Clarification Commission. The commission found that acts of genocide had occurred, with successive military governments responsible for 626 separate massacres and 93% of the deaths during the conflict, with 83% of the victims being indigenous Maya.

Still, for almost 15 years after the Peace Accords, Guatemalan courts refused to hold high-ranking officials responsible for the atrocities of the 1980s. A group of brave Maya survivors, organized as the Association for Justice and Reconciliation (AJR), helped to change that.

In 2000 and 2001, AJR filed legal charges of genocide, crimes against humanity, and war crimes against two former presidents, Romeo Lucas Garcia and Rios Montt, and their top military commands. The move appeared quixotic: Rios Montt enjoyed immunity as a sitting member of parliament, and his political ally, Alfonso Portillo, was president. With a lack of political will among judges and public prosecutors, the case stalled under the regularly filed appeals of defense lawyers.

In 2006, however, the system began to change. The UN created an International Commission against Impunity in Guatemala, placing an international prosecutor in Guatemala to target organized crime. Then, in 2011, four low-level former soldiers were convicted and sentenced to 6,060 years in prison each for their role in the 1982 Dos Erres Massacre, the first time members of the military were found guilty for atrocities committed during the 1980s. A year later a fifth soldier was convicted and sentenced. When Rios Montt left parliament in 2012, he was placed under house arrest pending trial.

Within a year, Rios Montt was before a three-judge panel. Over six weeks, the court heard evidence of the military's systematic rape, torture and murder of rural subsistence farmers targeted merely for being from the Ixil Maya communities. Experts provided evidence that Rios Montt was fully aware and in command of these scorched earth operations, making him culpable of genocide. Rios Montt was sentenced to 80 years and immediately taken to prison.

On May 20, in an unprecedented ruling 10 days after the conviction, the Constitutional Court annulled the second half of the trial. Rios Montt was back under house arrest and many lamented a major defeat for the pursuit of justice. While the reversal was unwanted, for those most involved it was far from unexpected. From the beginning, the trial was not only about Rios Montt but also about to create a process of justice for Guatemala as a whole - and the elite in particular - to acknowledge that what had happened to the poor and indigenous Ixil Maya population was illegal and wrong.

The trial gave the people of Ixil a national stage to tell their story. Their testimony was broadcast and the public heard how children were forced to watch their parents being killed and fetuses ripped from their mothers' wombs. A former solider testified how the current president, Otto Perez Molina, ordered his troops at the time to burn villages and kill anyone who tried to escape. The most powerful message of all was "si hubo genocido!", or that genocide did occur. This motto was a rallying cry for an emboldened fight for justice - what was once only said in private or abroad was now in the open.

While impunity still reigns in Guatemala, it is only a momentary victory. The testimony of dozens of survivors, built upon decades of struggle and resistance, engendered hope more powerful than any court ruling. By refusing to let those in power silence them, some of the poorest and most oppressed people in the Western Hemisphere were able to accomplish the impossible. By holding Rios Montt accountable, if only temporarily, they have shown that it is possible for justice to prevail in even the most unlikely of circumstances.

Who is to say that the same cannot happen in the courts of Jakarta or the fledgling legal system in recently independent Timor-Leste? Certain prominent Indonesian politicians, including former military generals and at least one presidential hopeful, could easily be found culpable for human rights abuses if justice was legitimately pursued. While Guatemala's fight for justice has only now gained traction, 15 years after the initial calls ofreformasi and Indonesia still has not come to terms with its genocidal past.

In the words of Guatemalan genocide survivor Edwin Canil, "This has got a long way to go yet. It's just a question of who gets tired first: them or us. But we're still here and staying firm."

* Andrew de Sousa is with the Bangkok-based Focus on the Global South and a member of the board of the East Timor and Indonesia Action Network (ETAN),

also published in Speaking Freely at Asia Times Online 

(Copyright 2013 Andrew de Sousa) 

Monday, April 1, 2013

West Papua Report April 2013

West Papua Report April 2013
Challenges in West Papua, New Roads, Military Impunity, Freeport, New Governor, MSG


CONTENTS: This edition of the West Papua Report offers the PERSPECTIVE of a longtime observer of West Papua who recently traveled to the Central Highlands, who reports the growing militarization of the region and the negative impact of that military build up on human rights and in stoking rising communal tensions. In UPDATE we note that the Indonesian military will shortly begin a massive road project which will likely service military rather than Papuan interests. New contract negotiations between the central government and the Freeport-McMoRan mining operation are proceeding absent West Papuan participation and without regard for their interests. The new Governor of Papua province appears not to understand problems of development and security facing the region. Papuans have again called for an end to the presence of the notorious "Special Forces" (Kopassus) in their homeland.  Indonesian and international calls for an end to the impunity accorded Indonesian military leaders and personnel for human rights abuses are growing. That impunity gives license to continuing abuse and criminal activity by the military. WPNCL pressed it case to have West Papua join the Melanesia Support Group at a meeting with Fiji Prime Minister Banimarama. CHRONICLE highlights two first-hand accounts of the Wamena area and a review of Eben Kirksey's Freedom in Entangled Worlds: West Papua and the Architecture of Global Power.