A. Junaidi, Jakarta – "There is no point of return" is probably a perfect phrase to describe the spirit of human rights activist Ester Indahyani Jusuf in investigating mass killings in the country.
"We will continue to uncover the alleged mass killings even though people have started to forget the cases," Ester said in an interview with The Jakarta Post recently.
Starting our her career as a lawyer with the Jakarta Legal Aid (LBH) in 1996, Ester, whose Chinese name is Sim Ai Ling, had already been involved in the investigation of similar cases even before she graduated from the School of Law of the University of Indonesia.
Among the cases she helped investigate was the torture and killing of a Tarumanagara University student by members of the campus student regiment in West Jakarta in 1994.
She also joined the investigation into the bloody takeover of the Indonesian Democratic Party (PDI) headquarters on July 27, 1996 in Jakarta, which triggered mass rioting.
Two years after the riots of May 1998, in which Chinese-Indonesians were the major target, Ester left LBH Jakarta and, along with other young activists, founded a non-governmental organization called the Solidarity of the Nation-State (SNB).
SNB, along with other NGOs, such as the Committee for Missing Persons and Victims of Violence (Kontras), established a coalition of NGOs to investigate the mass killings that occurred during the May riots.
Ester was appointed secretary of an ad hoc committee set up by the National Committee of Human Rights (Komnas HAM) called the Joint Fact-finding Team to probe the killings.
The team, chaired by Komnas HAM deputy chairman Sholehudin Wahid, the younger brother of then president Abdurrahman Wahid, finally concluded that gross human rights violations had been committed in the May tragedy.
Ester succeeded in raising public awareness of discrimination against ethnic Chinese, both at home and abroad, after she spoke before the annual session of the United Nations Human Rights Commission in April 2001. Her persistence in fighting against discrimination won her the prestigious Yap Thiam Hien Human Rights award in the same year.
However, 2001 was also a difficult year for Ester who was pregnant with her second baby as her husband, fellow activist Arnold Purba, died in May.
The death of her husband did not stop Ester from investigating alleged human rights violations in the country. Along with other activists, including her current husband Albertus Suryo Wicaksono, Ester founded an NGO, Kasut Perdamaian (Shoes for Peace), which investigates alleged killings after the September 1965 tragedy.
Investigations into the bloody May 1998 riots have never been followed up. What are the obstacles?
Politically, we lack support. The House of Representatives does not plan to conduct a plenary session on the issue, although they supported the investigation during the early hearings. The Joint Fact-finding Team set up by Komnas HAM completed its investigation into the case, but the results of the investigation have not been followed up by the Attorney General's Office. I was the secretary of the team.
For the Attorney General's Office to investigate the alleged killings, it needs a recommendation from the House, which can be issued only if it deems there were gross human rights violations in the incident. (Unfortunately, an investigation by the House concluded that there was no gross human rights violations in the May riots.) The office even challenged us to bring forward witnesses who knew that (former Indonesian Military chief) Gen. (ret) Wiranto did withdraw his troops during the riots.
Completing evidence and summoning witnesses are the responsibility of the attorney general. We, Komnas HAM, are authorized to conduct a preliminary investigation only.
What is the President's stance on the case?
No president has ever ordered the attorney general to probe the case. Actually, an intervention by the president – asking the attorney general to probe the case – is another legal avenue to continue the investigation because demanding and waiting for the House' recommendation would take time and be difficult.
We are now planning to meet the President (Susilo Bambang Yudhoyono) to ask him to order the attorney general to conduct an investigation into the case. Legally, he can ask the attorney general to continue the investigation.
Do you have strong evidence that gross human rights violations did take place in the May tragedy?
There is a lot of evidence. There were two parties, the Komnas HAM and a coalition of NGOs such as SNB and Kontras, which had investigated the case. Both found evidence that indeed gross human rights violations took place.
The May tragedy could be categorized as a case of gross human rights violations because it happened systematically, on a vast scale and almost simultaneously at several locations. We have names of field officers responsible for security in areas affected by the riots, although it's difficult to trace their superiors.
Unfortunately, the findings of both Komnas HAM and NGOs are viewed as the result of a research only.
Does the alleged involvement of high-ranking officers make it difficult for the investigation to be completed?
People who are allegedly involved in triggering the riots still have strong influence.
Do you think the investigation into the September 1965 tragedy will meet the same fate as the May riots?
It could be the case. The alleged involvement of security officers in both tragedies could be a factor that contributes to the difficulties in investigating the cases.
I cofounded Kasut Perdamaian, an NGO which focuses, among other things, on gathering evidence of mass killings after the September 1965 tragedy.
We have made a short documentary film in an area in Blitar, East Java where many people were killed after the alleged failed coup d'etat. Perhaps, the area can become a tourist destination due to its historical significance.
Did you support the nomination of Wiranto and Sholehudin Wahid as candidates during the 2004 General Elections?
Along with activists who investigated the May tragedy, I suggested Sholehudin as a candidate for vice president be paired with Syafi'i Ma'arif, the former chairman of Muhammadiyah (the country's second largest Islamic organization) as presidential candidate.
I did not know why finally Sholehudin chose Wiranto as his running mate. I withdraw my nomination for the pair. Personally, I have a good relationship with Sholehudin.
During the riots, it was reported that dozens of Chinese-Indonesian women were raped. Is it exaggerated?
Yes, it's exaggerated. There was false information circulated about rape cases. But, it is true also that many Chinese women were raped during the riots.
The mass media had blown up the rape reports. Some media took the information from unreliable sources which were proven to be false. We also found that some pictures of people who claimed to be victims of the May riots that were taken from porn sites on the Internet.
We hoped that many of the victims would report the case. But, we found many witnesses from non-Chinese communities who saw the incidents of gang rape.
There were also reports that after the riots many doctors helped the victims abort their unwanted pregnancies?
Yes, we did hear of that, but we could not find the doctors who helped the abortions (Abortion is illegal in Indonesia, hence people are unlikely to report voluntarily).
But, we managed to meet and interviewed three doctors who helped restore the vaginas of the victims. The doctors said the damage to the vaginas was due to the women being raped during the riots.
Among the women's movements here, after the riots and the gang rapes, there was a hot discussion on a woman's right to abortion. What's your opinion?
I disagree with abortion except for medical reasons. I have seen many women who became pregnant because of being raped and became stronger after they gave birth and took care of their babies.
The government should provide proper medical services for the pregnant victims. If the women still don't want their babies they could give them to foundations.
The decision on abortion should be taken by the court after hearing suggestions from a doctor, psychiatrist and a religious expert. Probably, a short court session could be conducted to decide whether the abortion could be carried out or not.
Not many victims, especially Chinese-Indonesians, observed the commemoration of the May tragedy. Why? I don't know. Probably, they think that it's useless. They want to forget all their miseries and get on with their lives.
Many Chinese-Indonesians often experience violence such as lootings. However, the May riots were not just lootings, but also killings.
I come from a rich family in Malang, East Java. We had a big shop with a small door at the back. Years before the May tragedy, when the lootings happened, we managed to escape through the back door. And when the lootings ended, we returned and resumed working.
Where were you during the May riots?
I was at LBH Jakarta office. In the evening, I went home to a low-cost apartment in Tanah Abang area, Central Jakarta. It was safe place during the riots. I called my mom. She said she was OK. "I am used to facing riots," said my mom. My parents had moved to Pondok Cabe area, South Jakarta years before the May tragedy. There were no riots in Pondok Cabe.
The tragedy also raises the problem of discrimination against ethnic Chinese here. What's your view?
We are pleased that some discriminatory regulations have been revoked. Chinese cultural traditions are not banned anymore. The government has decided that Chinese New Year Imlek should be celebrated as a national holiday.
In practice, however, especially in the bureaucracy, there is still discrimination. Some Chinese-Indonesians are still asked to show citizenship certificates when applying for identification cards. The regulation has been revoked. But, if a Chinese-Indonesian refuses to bring his/her certificate and protests, the officers get scared and give the identification card immediately.
How do you teach your sons about discrimination issue?
Actually, children do not have discriminatory feelings. We, the adults, often teach them the wrong attitudes. I have three sons now. I'm a defender of men. (Laughs) I often bring along my sons to my activities. Sometimes, I'm surprised by their comments. One time, one of my sons said: "Mom, military officers are evil, aren't they."