TAKING MATTERS INTO OUR OWN HANDS

Rethinking how to do transitional justice in the Asia-Pacific region

Galuh Wandita

TAKING MATTERS INTO OUR OWN

HANDS

[After the escape of a male detainee], we five women were made to strip and stand naked while they shaved our heads. Then they burned our clothes in front of us ... As we walked through the village … the soldiers made all the people come out of their houses and look at us walking naked ...

CAVR Report

www.chegareport.net

Key principles sit well with a feminist approach

A holistic approach to dealing with the legacy of massive crimes

Accountability and transformation

Interaction between innovation in the field and international standards and laws

Contextual

“Victim-centered”

But, beware of rhetoric

“North -heavy” and academic/ international justice -driven

Peace processes male dominated zones

Victims invisible again after TJ mechanism

WHY TRANSITIONAL JUSTICE?

Truth-seeking

Prosecutions

Reparations

Institutional reform

FROm MECHANISMS TO RIGHTS

Access to Justice

Right to Truth

Guarantee Not

Repeat

Right to Repair

• Truth commissions: Timor-Leste; TL & Indonesia; South Korea; Srilanka; Thailand; Solomon Islands TRC

• Promise of truth commissions as part of peace processes: Nepal, Aceh –slow or stuck

• National/Intl Inquiries: UN Commissions of Inquiry Timor, Srilanka; SI inquiry into land conflict; Indonesian National HR Commission and Women’s Commission, Afghanistan

But truth commission few & far between, recommendations abandoned, victims forgotten

RIGHT TO TRUTH

PARALLEL PROCESS:

TRUTH

Women’s Tree of Fire: Understanding the

TENSIONS in Solomon Is lands

ACBIT & Victim’s Association

ACEH AND PAPUA

Coalition for Justice and Truth, KKPK Indonesia “Year of Truth”

ICC: poor rate of ratification in Asia

Cambodia Hybrid Court incl. forced marriage

Bangladesh war crimes tribunal, incl. rape

Indonesia human rights court: 100% acquittal rate

SI: Tension trials

RIGHT TO JUSTICE

PROSECUTING GENDER-BASED CRIMES IN TIMOR-LESTE

Only 6 indictments (out of 95) included rape. Only one conviction of rape as crimes against humanity.

Sexual slavery? Before 99?

Victim Trust Fund not established

PARALLEL PROCESS:

JUSTICE

• Nepal & Aceh: World Bank supported scheme for victims and communities, as part of ‘reintegration’

• Timor-Leste: CAVR urgent reparations, but recommendations not implemented

• SI: compensation paid out to militants

RIGHT TO REPAIR

PARALLEL PROCESS:

REPAIR

APOLOGY TO VICTIMS OF 1965

FROM A MAYOR IN PALU, INDONESIA

GIVING MEANING TO SOCIAL ASSISTANCE

• A blindspot?

SECURITY SECTOR, INSTITUTIONAL & CULTURAL REFORM

IN CONCLUSION

Not ad-hoc, or short -term

Addressing urgent needs of victims not just “promise of

reparations”

Over-focus on violations of civil political rights

Multiple approaches (emergency, reconstruction,

development, conflict, post -conflict)

Participation and empowerment

Parallel process or in the absence of…

A GENUINE FOCUS ON VICTIM & SURVIVORS

CREATIVITY IN THE FACE OF IMPUNITY