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Rights abuses unlikely to go to court

Source
Straits Times - May 27, 2000

Marianne Kearney, Jakarta – Indonesia is prepared for human rights abuses cases to go to court but many of them would probably be dealt with through a South African style truth and reconciliation commission because there were too many cases for the courts to solve, said a minister. Mr Hasballah Said, the Minister for Human Rights, said on Thursday that his office would open investigation into human rights abuses committed in West Papua dating as far back as 1963.

But he said, "it's impossible to solve all the separate cases", adding that in a recent seminar with the victims' families, most of the families demanded a national commission on disappearing people.

He said the Law Ministry was currently drafting a Bill for a truth and reconciliation commission to deal with numerous cases of human rights abuses committed all over Indonesia.

However, the commission would differ from those held in Africa, Chile or El Salvador because Indonesia's history differed.

Indonesia would need to deal with human rights abuses which ranged from state-sponsored violence to religious violence in places such as Maluku, he said.

"The main issue is forgiveness and reconciliation. However, the question is who will pay compensation and from where will we get the resources?"

Mr Hasballah said he hoped the Bill to set up a reconciliation commission would be presented to parliament soon and that parliament was already considering the draft law on an ad-hoc human rights court.

If the fact-finding investigations in Irian were successful, it would pave the way for a trial of security members who have been accused of killing thousands of Papuans in an attempt to wipe out the small guerilla movement which has resisted West Papua's formal incorporation into Indonesia since 1969.

"An independent commission on human rights violations which will come from the community will prepare a formal report. If we have enough witnesses, of course, we will send the cases to court," he said.

Human rights groups agreed that many of the human rights abuses that occurred during the early 60s would be hard to prove. However, more recent abuses would be easier to gather evidence.

"For cases such as Freeport, Biak and Belallama, there are lots of witnesses still alive and also workers from Freeport who can give evidence," said Mr Aloy Renwaren, from a human rights group that has already begun investigating abuses.

He added that according to local witnesses, Indonesian security forces have killed at least a hundred people in the area controlled by mining giant Freeport over the last 20 years.

The United Nations Special Rapporteur on Violence Against Women also reported last year that rape had been systematically used by the armed forces as a means of repression in West Papua.

Papuan politicians said that while the investigation may not be successful, if followed through, it would be a "good start". "Now everybody is talking about reconciliation so we have to start from somewhere," said Dr Simon Morin, a Golkar member from the Lower House.

The announcement also came on the heels of mining giant Freeport's announcement that it would temporarily limit its output at its gold and copper mine, following an accident earlier this month at Lake Wanagon, where four workers were killed.

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