http://www.asianewsnet.net/Aceh%E2%80%99s-war-survivors-Their-questions-won%E2%80%99t-go--45975.html


Aceh’s war survivors: Their questions won’t go away

Ati Nurbaiti 

The Jakarta Post

Publication Date : 26-04-2013



“The children never cease asking for their parents and siblings. Families 
continue to dig up mass graves in the search for their relatives for years.”

This description came from Murtala, a resident in Indonesia's North Aceh who 
set up an organisation for war survivors like himself. He was addressing the 
launch of a report here last Thursday on human rights abuses during armed 
violence in Aceh, compiled by Amnesty International. A coalition of NGOs are 
demanding a tribunal for rights abuses in the country’s northernmost province.

Also last week, Aceh’s legislative council began to hold hearings ahead of the 
planned drafting of a bylaw on the provincial Commission for Truth and 
Reconciliation. Councilors said the process had been stalled since the 
Constitutional Court annulled a law on the truth and reconciliation body in 
2006.

Legal technicalities are one problem in addressing the needs of Aceh’s people - 
who have experienced barely a decade of peace since the colonial wars, 
rebellions against Jakarta, and South Asia’s devastating tsunami and earthquake 
in 2004, which left some 150,000 dead and missing in Aceh.

The urgency to rebuild lives and infrastructure suppressed questions, such as 
what happened to family members who disappeared during the conflict, or how to 
heal the scars of war. But as Murtala said, the need to know what happened and 
how to come to terms with the losses still weigh heavy on people’s minds. Thus, 
the council’s efforts to encourage open discourse on how to go about addressing 
such needs must be supported.

The nation’s leaders need to overcome hurdles expected in Jakarta and in Aceh - 
as debating human rights abuses inevitably touch the nerves of influential 
groups linked to alleged perpetrators, or which include the abusers themselves. 
Demands for a truth and reconciliation commission and a human rights tribunal 
in Aceh would raise fears among such groups of similar demands elsewhere in 
Indonesia - including the victims and survivors of the 1965 upheaval.

We have often seen vehement reaction against the notion of digging up past 
atrocities and bringing those accountable to a human rights court, or to a 
forum where victims could face alleged perpetrators in public. It comes 
therefore as no surprise that we have yet to see renewed deliberation on the 
law on the truth and reconciliation commission.

The absence of this law will be problematic; as the international peace 
agreement signed in Helsinki, Finland, on Aug. 15, 2005, stated that such a 
commission “would be established for Aceh by the Indonesian Commission for 
Truth and Reconciliation”. But legal constraints would be minor compared to how 
victims and survivors feel their losses should be addressed and how to act on 
them.

Allegations of human rights abuses are potentially divisive in Aceh, as former 
combatants of the Free Aceh Movement (GAM) also stand accused of such 
violations. Aspiring contenders for direct elections in Aceh have been wary of 
offending former fighters with discontented followers. Despite campaign 
promises from various aspiring regents, governors and councilors, the issue of 
justice in the Helsinki agreement has seen the least concrete follow-up.

Aceh councilors say establishing a truth and reconciliation commission could 
still refer to the Helsinki MoU and the Law on Aceh’s governance. But don’t 
expect support from Jakarta’s lawmakers, for they would indignantly recall 
being sidestepped by President Susilo Bambang Yudhoyono and his then vice 
president Jusuf Kalla, in bringing enemies to the negotiating table following 
the tsunami.

Any mention of a human rights court risks equal resentment from the Indonesian 
Military (TNI) and police, who lost many of their own in the fighting. Recent 
incidents involving soldiers in attacks and murder of civilians raised the 
unresolved issue of the reformasi era on what to do with soldiers involved in 
crimes - let alone those involved in arbitrary detention, extrajudicial 
killings, torture and the rape of civilians.

The result: the remaining legacy of impunity, as evident time and again in the 
brazen, continuous incidents of soldiers taking the law into their own hands - 
most recently the March 23, attack and killing of detainees in the Cebongan 
Penitentiary in Sleman, Yogyakarta, by members of the Army’s Special Forces 
(Kopassus), and the April 20, South Jakarta attack on the headquarters of the 
Indonesian Democratic Party of Struggle (PDI-P).

Indonesia’s rare experiences with human rights courts have raised questions of 
credibility - the ad hoc court trying rights violations in Timor Leste ended in 
the acquittal of all military defendants. The only experience nearing a truth 
and reconciliation commission has been the Indonesia-Timor Leste Commission on 
Truth and Friendship. Though controversial regarding the degree of how far the 
commission weighed truth over friendship, it was a first step nonetheless in 
the nation’s willingness to acknowledge wrongdoing.

In spite of all the odds, the Acehnese are determined to get on with their 
lives. Their elected leaders in Aceh and Jakarta must at least ensure openness 
and safety in proposing ways to redress the material and nonmaterial losses of 
civilians caught in the cross fire.

The author is a staff writer with The Jakarta Post.



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