{"id":1203085,"date":"2023-09-07T04:14:55","date_gmt":"2023-09-07T04:14:55","guid":{"rendered":"https:\/\/forum-asia.org\/?p=38574"},"modified":"2023-09-07T04:14:55","modified_gmt":"2023-09-07T04:14:55","slug":"joint-statement-indonesia-government-must-declare-munirs-case-as-a-grave-violation-of-human-rights","status":"publish","type":"post","link":"https:\/\/radiofree.asia\/2023\/09\/07\/joint-statement-indonesia-government-must-declare-munirs-case-as-a-grave-violation-of-human-rights\/","title":{"rendered":"[Joint Statement] Indonesia: Government must declare Munir\u2019s case as a grave violation of human rights"},"content":{"rendered":"

The Asian Forum for Human Rights and Development (FORUM-ASIA)\u2013alongside its member organisations\u2013calls on the Government of Indonesia to provide clarity regarding Munir Said Thalib\u2019s case and declare it as a grave violation of human rights.<\/p>\n

On 7 September 2004\u2013on Garuda\u2019s Jakarta-Amsterdam flight\u2013Munir Said Thalib was killed by arsenic poisoning. Munir was a prominent Indonesian human rights campaigner who took up the cause of dozens of activists subjected to enforced disappearances during the last months of Suharto\u2019s regime in 1998. He played a significant role in uncovering evidence of the security forces\u2019 role in human rights violations in Aceh, Papua, and Timor-Leste.<\/p>\n

19 years later, the case is yet to reach clarity and the real perpetrator-mastermind behind the killing has not been legally prosecuted.<\/p>\n

While the date of Munir\u2019s murder has since been commemorated in Indonesia as \u2018Human Rights Defender Protection Day,\u2019 attempts to expose and bring the real perpetrator to justice are yet to come into fruition. We echo the call made by the Committee of Solidarity Action for Munir in Indonesia (Komite Aksi Solidaritas untuk Munir, KASUM<\/em>)[1]<\/sup><\/a> to urge the Government of Indonesia to immediately resolve this case.<\/p>\n

 <\/p>\n

Unanswered Questions<\/strong><\/p>\n

The circumstances surrounding Munir\u2019s death still leave a big question mark.<\/p>\n

The formation of a Fact-Finding Team on Munir\u2019s Death (Tim Pencari Fakta Kasus Meninggalnya Munir<\/em>, TPF) in 2004 through Presidential Decree 111\/2004 by the administration of President Susilo Bambang Yudhoyono was an important step in uncovering Munir\u2019s case. Unfortunately, the results of the TPF have never been officially shared with the public despite the decree\u2019s directive number nine, which specifically mandated such action.<\/p>\n

There were several names other than Pollycarpus who were tried in the report. However, regimes from the SBY up to Joko Widodo era seemed reluctant in publicising the result of the TPF. This left unanswered questions as to why such names were never prosecuted in a court of law nearly two decades after Munir\u2019s murder.<\/p>\n

Local groups believe that Munir\u2019s case is not an ordinary stand-alone crime. It is strongly suspected that Munir\u2019s murder was carried out systematically as it involved state actors such as the State Intelligence Agency and Garuda Indonesia.<\/p>\n

 <\/p>\n

On 7 September 2020, KASUM<\/em> submitted a legal opinion on the circumstances of Munir\u2019s murder as a gross human rights violation to the Indonesian National Commission on Human Rights (Komnas HAM<\/em>). Within that document, we emphasised that Munir\u2019s case fulfils the elements of crimes against humanity, which fall under the category of gross human rights violations as stipulated in Article 9 of Law Number 26 of 2000 concerning Human Rights Courts.<\/p>\n

 <\/p>\n

Call for Action<\/strong><\/p>\n

The lack of meaningful steps taken by the State in investigating Munir\u2019s murder not only clouds efforts to seek truth, justice, and legal certainty but also creates the potential for repetition.<\/p>\n

We believe that Munir\u2019s case should not\u00a0 be seen in isolation. It is indicative of the wider culture of impunity surrounding the attacks and harassment against human rights defenders in the country. The lack of full accountability in Munir\u2019s case contributes to an ongoing climate of fear among human rights defenders. If the State does not immediately take concrete action, the future work and safety of human rights defenders in Indonesia would be put at great risk.<\/p>\n

As such, we support the recommendations made by KASUM<\/em>:<\/p>\n

First, <\/strong>the President of the Republic of Indonesia should immediately disclose the TPF report documents to the public as mandated in directive number nine of Presidential Decree 111\/2004 concerning the formation of TPF for Munir\u2019s case as a form of accountability and transparency in the disclosure of Munir\u2019s case.<\/p>\n

Second, <\/strong>Komnas HAM<\/em> should set Munir\u2019s murder as a gross human rights violation and should publicly provide clear and transparent information on the handling of Munir\u2019s murder case.<\/p>\n

Third,<\/strong> the international community should put scrutiny on the Government of Indonesia\u2013as the current Chair of ASEAN and ahead of its candidacy for becoming UN Human Rights Council member 2024\u2013to respect the rights of victims and to provide effective remedy for all grave violations of human rights perpetrated by both the State and non-state actors in the country.<\/p>\n

\u2018As the people of ASEAN in the recent 2023 ASEAN Civil Society Conference\/ASEAN Peoples’ Forum (ACSC\/APF) have urged ASEAN leaders in the ongoing ASEAN Summit to address grave violations of human rights and to provide effective remedies to victims, the resolution of Munir\u2019s case is a test to Indonesia\u2013as the current chair of ASEAN\u2013to step up and serve as a model in the combat against impunity,\u2019 said Mary Aileen Diez-Bacalso, Executive Director of FORUM-ASIA.<\/p>\n

[1]<\/sup><\/a> Read the attached original statement from KASUM <\/em><\/p>\n

Endorsed by<\/strong>:<\/p>\n

    \n
  1. Asian Forum for Human Rights and Development (FORUM-ASIA)<\/li>\n
  2. Association of Women for Awareness & Motivation (AWAM)<\/li>\n
  3. BALAOD Mindanaw<\/li>\n
  4. Banglar Manabadhikar Suraksha Mancha (MASUM)<\/li>\n
  5. Bir Duino<\/li>\n
  6. Cambodian Human Rights and Development Association (ADHOC)<\/li>\n
  7. Civil Society And Human Rights Network (CSHRN<\/li>\n
  8. Defence of Human Rights (DHR)<\/li>\n
  9. Indonesia Legal Aid Foundation \u2013 Yayasan Lembaga Bantuan Hukum Indonesia (YLBHI)<\/li>\n
  10. Indonesian Legal Aid and Human Rights Association (PBHI)<\/li>\n
  11. INFORM<\/li>\n
  12. International Legal Initiative Public Foundation (ILI Foundation)<\/li>\n
  13. Jagriti Child and Youth Concern Nepal (JCYCN)<\/li>\n
  14. Karapatan Alliance Philippines (KARAPATAN)<\/li>\n
  15. Karnali Integrated Rural Development and Research Centre (KIRDARC)<\/li>\n
  16. Kazakhstan International Bureau for Human Rights and Rule of Law (KIBHR)<\/li>\n
  17. Madaripur Legal Aid Association (MLAA)<\/li>\n
  18. Maldivian Democracy Network (MDN)<\/li>\n
  19. Odhikar<\/li>\n
  20. People\u2019s Solidarity for Participatory Democracy (PSPD)<\/li>\n
  21. People\u2019s Watch (PW)<\/li>\n
  22. Pusat KOMAS<\/li>\n
  23. Task Force Detainees of the Philippines (TFDP)<\/li>\n
  24. The Indonesian Human Rights Monitor \u2013 Inisiatif Masyarakat Partisipatif untuk Transisi Berkeadilan (Imparsial)<\/li>\n
  25. Women\u2019s Rehabilitation Centre (WOREC)<\/li>\n<\/ol>\n

    About FORUM-ASIA:<\/strong><\/p>\n

    The Asian Forum for Human Rights and Development (FORUM-ASIA)<\/strong> is a network of 85 member organisations across 23 countries, mainly in Asia. Founded in 1991, FORUM-ASIA works to strengthen movements for human rights and sustainable development through research, advocacy, capacity development and solidarity actions in Asia and beyond. It has consultative status with the United Nations Economic and Social Council, and consultative relationship with the ASEAN Intergovernmental Commission on Human Rights. The FORUM-ASIA Secretariat is based in Bangkok, with offices in Jakarta, Geneva and Kathmandu. www.forum-asia.org<\/a><\/p>\n

    For media inquiries, please contact:<\/strong><\/p>\n