Protect HRDs in Kashmir!

AFAD Condemns the Threat to the Life of Parvez Imroz

July 2, 2008 - The Asian Federation Against Involuntary Disappearances (AFAD), a regional federation of Asian human rights organizations working directly on the issue of enforced disappearances, strongly condemns the latest threat to the life of Attorney Parvez Imroz. Representing the Association of Parents Disappeared Persons (APDP), which is a core group member of AFAD, Parvez Imroz is one of AFAD's Council members.

Today, the Federation received a report from its member-organization , the APDP about the latest of the series of serious threats to the life of Mr. Imroz. The report vividly recounted that for having co-convened an International People's Tribunal on Human Rights established in order to investigate the recently discovered mass graves of at least 940 people in Baramula and Kopwara, Parvez Imroz has all the more earned the ire of the violators of human rights.

According to the Association of Parents of Disappeared Persons, on June 30, 2008 at 10:00 p.m., 4 armed men, believed to be policemen, knocked at the house of Mr. Imroz. When asked of their identity by Mr. Imroz' wife, Rokhsana, the men were aggressively calling on Mr. Imroz to open the door and come out. The latter, aware of the intimidation he received days earlier because of the work of the International People's Tribunal on Human Rights, immediately informed his brother, Sheik Mustaq Ahmad through the backdoor. Mr. Ahmad reportedly shined a torch at Mr. Imroz door and asked the persons in front to identify themselves only to be aggressively ordered to put off the torch. Mr. Imroz nephew came out of Mr. Ahmad's house, afraid that Mr. Imroz might have been taken away. This forced the armed men to leave, but only after firing a shot in the dark believed to be pointing towards the direction of Mr. Imroz' nephew. Worse still, they threw a grenade that exploded in Mr. Imroz' compound outside his front door. On their way back, the perpetrators beat a male neighbor.

The members of the community made an announcement in the village mosque. It was later learned that the villagers stated that they saw a large armored vehicle and two gypsy cars and men wearing Central Reserve Police Force (CSRF) and Special Operations Group uniforms.
It is important to note that a week prior to the incident, the Tribunal conducted investigation into mass graves of nameless people in Baramulla and Kupwara. Together with Mr. Imroz in the Tribunal are his other co-convenors, Dr. Catenni, Advocate Desai who were likewise harassed by intelligence personnel.

The Asian Federation Against Involuntary Disappearances (AFAD) reiterates its strongest condemnation of this attack against its own colleague whose noble intention is to work for human rights in this war-torn paradise of Kashmir.

Mr. Parvez Imroz, who, by dint of his fearless human rights advocacy, is the 2006 recipient of the Ludovic-Trarieux International Human Rights Prize. As the Indian government refused to renew his passport, he was deprived from personally receiving the award. His human rights advocacy, however, has earned for him the ire of the powers-that- be, consequently resulting in the numerous threats against his person.

The Asian Federation Against Involuntary Disappearances challenges the government of India to:
1. fully investigate the incident and punish the perpetrators to the full extent of the law;

2. ensure that there would be no further threats to Mr. Imroz' life and that full protection be accorded to him and all other human rights defenders in Kashmir;

3. fully investigate the skeletons inside the closet manifested in the identified mass graves in the above-mentioned areas which was the reason for the establishment of the International People's Tribunal on Human Rights.

Finally, as the international community is commemorating this year the 10th anniversary of the Universal Declaration of Human Rights Defenders, we call on the Indian government to be true to its claim of being the bastion of democracy in Asia by protecting the rights of human rights defenders in particular and the rest of its citizens in general.

Signed and authenticated by:

MUGIYANTO MARY AILEEN D. BACALSO
Chairperson Secretary-General

Pernyataan Pers - Koalisi Masyarakat Sipil untuk ICC

10 Tahun Statuta Roma; Indonesia Harus Ratifikasi ICC

Koalisi Masyarakat Sipil untuk Mahkamah Pidana Internasional, yang merupakan kumpulan organisasi masyarakat sipil yang mengkampanyekan ratifikasi dan implementasi ICC (International Criminal Court) mendorong pemerintah untuk meratifikasi ICC pada tahun 2008 ini. Selain karena sudah dicanangkan dalam Rencana Aksi Nasional Hak Asasi Manusia (RANHAM) 2004-2009, ratifikasi ICC pada tahun ini akan menjadi ukuran keseriusan Indonesia dalam rejim keadilan internasional dan menghentikan impunitas.

Ratifikasi ICC pada tahun ini juga sangat tepat karena bertemunya empat momentum historis, yaitu bahwa tahun 2008 adalah 6 tahun sejak berlaku secara efektif Mahkamah Pidana Internasional, satu dekade disahkannya Statuta Roma, satu dekade reformasi dan satu abad kebangkitan nasional. Ratifikasi ICC tahun ini akan menjadi awal pembangunan Indonesia baru yang lebih menjunjung keadilan dan menolak impunitas.

Ratifikasi ICC yang merupakan mekanisme sistem keadilan internasional menjadi satu kebutuhan untuk menghentikan impunitas bagi berbagai kasus pelanggaran HAM yang berat yang tidak tuntas dan mencegah terjadinya kasus pelanggaran HAM yang berat di kemudian hari. Indonesia juga telah berpartisipasi secara aktif dalam proses pembentukan ICC tanggal 17 Juli 1998 pada Konferensi Diplomatik di Roma. Pada saat itu, Indonesia telah menyatakan dukungannya atas pengesahan Statuta Roma dan pembentukan ICC.

Sebagaimana dinyatakan dalam RANHAM 2004 – 2009, Indonesia disebutkan akan meratifikasi Statuta Roma Tentang Mahkamah Pidana Internasional (ICC) pada tahun 2008 ini. Namun sampai pertengahan tahun ini, usaha-usaha untuk meratifikasi ICC belumlah nampak meyakinkan, sehingga ada kekhawatiran ratifikasi baru bisa dilakukan pada tahun 2009, atau bahkan bisa mundur lagi mengingat tahun 2009 akan ada agenda Pemilu.

Sampai hari ini, 106 negara telah meratifikasi ICC dan hanya 7 diantaranya dari Asia yaitu Afghanistan, Tajikistan, Mongolia, Kamboja, Timor Leste, Jepang dan Korea Selatan. Ratifikasi oleh Indonesia akan memberi contoh dan dorongan bagi negara-negara lain di wilayah Asia.

Untuk tujuan tersebut, Koalisi menyatakan:
1. Pemerintah Indonesia harus menjalankan komitmennya sebagaimana tertuang dalam RANHAM untuk meratifikasi ICC tahun 2008 ini karena akan sangat berpengaruh dalam proses penegakan HAM dan menghentikan praktek impunitas di dunia internasional, khususnya di Indonesia. Penundaan hanya akan menjauhkan Indonesia dari semangat mewujudkan keadilan dan melawan impunitas.
2. Koalisi Masyarakat Sipil untuk ICC bersedia dan siap untuk duduk bersama dengan pemerintah, dalam hal ini Depkumham serta Deplu sebagai focal points ratifikasi ICC untuk bersama-sama merancang draft naskah akademik dan RUU untuk ratifikasi ICC.

Selain oleh Koalisi ini, dorongan agar Indonesia meratifikasi ICC juga dilakukan oleh Koalisi Internasional untuk ICC (CICC), sebuah koalisi internasional yang beranggotakan 2.500 organisasi. CICC meluncurkan program Kampanye Ratifikasi Universal bulan Juni 2008 dengan target Indonesia. Sebagai bagian dari kampanye tersebut, CICC telah mengirimkan surat ke Presiden SBY, Menkumham dan Menlu tanggal 11 Juni 2008.

Jakarta, 25 Juni 2008

Koalisi Masyarakat Sipil untuk Mahkamah Pidana Internasional (ICC)
(Elsam, IKOHI, Imparsial, PSHK, YLBHI, Demos, KontraS, PAHAM FH Unpad, FRR Law Firm, terAs Trisakti, Lesperssi, VHR, Komunitas Korban 65, Komunitas Korban Tanjung Priok, Federasi LBH APIK Indonesia, LBH Jakarta)


Contact Person:
Mugiyanto (IKOHI): 081399825960
Agung Yudhawiranata (Elsam): 0811870064

Universal Ratification Campaign ICC - Indonesia

The Coalition for the International Criminal Court and its members are calling on Indonesia to take all necessary steps to accede to the Rome Statute of the ICC. In 2004 the Indonesian government issued a National Human Rights Action Plan which included as one of its chief objective accession to the Statute by 2008. Since then various actors have been working earnestly to ensure that this deadline is firmly met.

Asia remains as an underrepresented region at the ICC, with only Afghanistan, Mongolia, Cambodia, Timor Leste, Tajikistan, Republic of Korea, and Japan as States Parties to the Treaty. Having Indonesia join this new system of international justice, will grant the region a stronger voice and a more meaningful participation in making this historic institution- the first permanent, independent court capable of investigating and bringing to justice individuals who commit war crimes, crimes against humanity, and genocide- a truly effective mechanism for the protection of human rights and the rule of law.

Take Action Now!

Write a letter to the President to encourage him to stay on track and accede to the Statute by 2008!!

You might like to use the following letter as a guide.

Please be sure to “cc” all contacts below when sending your letters.

Send your letter to:

H.E. Mr. Susilo Bambang Yudhoyono

President of the Republic of Indonesia

T +62 21 3458592 F +62 21 3452555

H.E. Mr. Andi Mattalata

Minister of Law and Human Rights

F +62 21 5253095

H.E. Mr. Noer Hassan Wirajuda

Minister of Foreign Affairs

F +62 21 3855481

H.E. Mr. H.R. Agung Laksono

Speaker of the House of Representatives of the Republic of Indonesia

F +62 21 5715637

Your Excellency:

It is my great honor to write to you and encourage you to firmly meet the commitment made by your government to accede to the Rome Statute of the ICC by 2008.

Since May of 2004, when President Megawati issued a presidential decree establishing a National Human Rights Action Plan (RANHAM) for 2004 through 2008 which included as one of its chief objectives accession to the Statute by 2008, local human rights groups, international organizations and parliamentarians have been consistently conducting awareness raising campaigns and advocacy work to ensure that this looming deadline will be met.

Recently, as part of a visit conducted in April by ICC prosecutor Luis Moreno Ocampo to Jakarta, the Ministry of Foreign Affairs arranged an Experts Group Meeting on the implications of ICC ratification. Although I recognize the importance of these types of activities and efforts, I also understand that there are currently critical questions that need to be addressed, including whether it will be the Parliament or one of the government ministries who will draft the ratification bill itself. In order to ensure that Indonesia stays on track for ICC accession in 2008, there is an urgent need to make a determination on this matter so that there is sufficient time to coordinate the involvement of the various actors in the process.

I strongly believe that your country plays an important role in the region and share the view that this new system of international justice is a vital tool that will ensure that the most serious violations of human rights will no longer go unpunished. With Indonesia joining Afghanistan, Mongolia, Cambodia, Timor-Leste, Tajikistan, Republic of Korea and Japan as States Parties to the Court, the region will have a stronger voice and a more meaningful participation in making the International Criminal Court a truly effective international mechanism for justice and peace.

Indonesia, Ratify the Rome Statute on ICC

Coalition for the International Criminal Court
www.iccnow.org

For more information, contact :

In Indonesia: Mugiyanto
Chairperson, Ikatan Keluarga Orang Hilang Indonesia (IKOHI)
Tel: +62 21 315 7915 or +62 81 399 825 960
E-mail: kembalikan@yahoo.com

Dr. Theo Sambuga
Chair, Indonesian chapter of Parliamentarians for Global Action (PGA)
Tel: +62 21 5715 581 62
E-mail : donat@pgaction.org

In New York: Francesca Varda
Coalition for the ICC (New York Secretariat)
tel: (+) 1 646 465 8520
E-mail: varda@iccnow.org

FOR IMMEDIATE RELEASE
13 June 2008

GLOBAL COALITION CALLS ON INDONESIA TO JOIN ICC
Says Accession Promised for 2008, the Tenth Anniversary Year of Rome Statute
New York, USA – The Coalition for the International Criminal Court (CICC)—a global network of more than 2,500 civil society organizations—this week called on the Republic of Indonesia to accede to the Rome Statute, the founding treaty of the International Criminal Court, without delay. Indonesia is the June 2008 target for the Coalition’s Universal Ratification Campaign (URC), which each month calls upon a different country to join the Court.

In a letter dated 11 June 2008 to Indonesian President H.E. Mr. Susilo Bambang Yudhoyono
the CICC urged Indonesia to prioritize its accession to the Rome Statute. The letter noted that the National Human Rights Action Plan (RANHAM) for 2004-2008, which was issued by presidential decree under President Megawati Sukarnoputri, established ICC accession by 2008 as a chief objective. Since then, local and international human rights groups as well as Indonesian parliamentarians have conducted a number of awareness raising and advocacy events to ensure that Indonesian accession to the Rome Statute stays on track for this year, which marks the tenth anniversary of the adoption of the Statute.

One of the most critical remaining questions is whether the Parliament or one of the government ministries will draft the ratification bill. Once this has been determined, the coordination of all necessary actors in the process can get underway. The Coalition firmly urged Indonesia to follow through on its commitment to join the Court this year.

“It is important for the Indonesian government to turn its promise to join the ICC this year into a reality,” says Mugiyanto, chairperson of Ikatan Keluarga Orang Hilang Indonesia (IKOHI). “In addition, this year marks the 100th anniversary of the National Awakening and the tenth anniversary of the reform movement that toppled the dictatorship. If Indonesia joins

the ICC this year, it will signify Indonesia’s commitment to ending impunity once and for all, and to becoming a truly dignified nation.”

Once Indonesia joins the Court, the under-represented Asia/Pacific region will have a much stronger voice at the ICC and can participate in a more meaningful manner. Currently, only seven Asian states—Afghanistan, Cambodia, Japan, Republic of Korea, Mongolia, Tajikistan and Timor-Leste—are member states of the Court. Indonesia’s accession is sure to spur other states in the region to join the growing global movement for accountability for the most serious crimes.

“The national Group of Parliamentarians for Global Action (PGA) in Indonesia strongly supports the decision of the government to implement RANHAM and accede to the Rome Statute by the end of 2008,” says Dr. Theo Sambuaga, Indonesian member of parliament and national PGA chair. “As a matter of fact, the Foreign Affairs Committee of the Indonesian Parliament, which I chair and which counts on the membership of many PGA members, has been asking the government since early last year to speed up the submission of the Rome Statute to the Parliament so that the accession instrument would be adopted as soon as possible.”

Brigitte Suhr, CICC Director of Regional Programs, said that “Indonesia is a major regional power. It has a crucial role to play in bringing Asian and Pacific countries on board in the fight to end impunity for the gravest of crimes.”

There are currently four active investigations before the Court: Uganda; the Democratic Republic of Congo; Darfur, Sudan; and the Central African Republic. The Court also has several situations under analysis, including in Colombia and Cote d’Ivoire. It has issued arrest warrants in each of the four situations under investigation.

The May 2008 target for the Coalition’s Universal Ratification Campaign was Swaziland.

Disappearances is anti-life

ASIAN FEDERATION AGAINST INVOLUNTARY DISAPPEARANCES (AFAD)
Rooms 31-=311 Philippine Social Science Center Bldg. Commonwealth Ave.,
Diliman, Quezon City, Philippines, Telefax: 00-63-2-4546759; Telephone: 00-63-2-9274594
Website: http://www.afad-online.org
===================================================================

Enforced Disappearance is Anti-Life…
No to Untold Sufferings….
Sign and Ratify the UN Convention
for the Protection of All Persons from Enforced Disappearance!

The Asian Federation Against Involuntary Disappearances joins all families of the disappeared persons around the world in the commemoration of the International Week of the Disappeared from May 26 to June 1. This week of the desaparecidos was first commemorated by the Latin American Federation of Associations of Relatives of Disappeared-Detainees (FEDEFAM) more than a couple of decades ago.

In the observance of this occasion, AFAD affirms the right of every person to life, liberty and dignity and therefore, the right not to be subjected to enforced disappearance. The essential value of one's existence is to live freely without discrimination, prejudices and harm. Enforced disappearance does not only violate these basic human rights by physically removing a person from the protection of the law but it also denies the families of the disappeared persons the right to know the truth and to seek justice.

Enforced disappearance is a global phenomenon. It has been occurring everywhere - down the street, in the barrios, in the upland, on the highway, in the woods, in the desert, at the border, and even in the household. In many points of the globe, there are people who are made to disappear for exercising their rights and for opposing against human rights violations. It is done mostly in the context of widespread and systematic way under a climate of impunity where the perpetrators are free to do what they want without accountability. Asia is now considered the graveyard of the desaparecidos for having submitted the most number of cases to the UN Working Group on Enforced or Involuntary Disappearances in recent years.

The disappearance of every person brings terrible sorrows and sufferings to his or her family. The long and agonizing search for the victims' whereabouts usually ends in fruitless undertaking. The normal life that their families used to have is now shattered by emotional and psychological devastation, economic dislocation, uncertainty… Their lives are even at risk for having to undergo the same fate that their loved ones succumbed for seeking truth, justice, redress and reparation.

But the families of the disappeared refuse to give in to fear. They know that their disappeared loved ones' only hope to return alive and to find truth and justice is for them to be strong and united. Their faith is as clear as the light at the end of the tunnel and as bright as the rainbow after every rain.

The adoption of International Convention for the Protection of All Persons from Enforced or Disappearance by the United Nations General Assembly on the 20th of December 2006 sparked a ray of hope for the families of the disappeared. To date, however, only four countries in Asia have affixed their signatures to the Convention. Asia, being the continent which submitted a huge number of cases to the United Nations needs the ratification by its governments of this new treaty and to pass domestic laws criminalizing enforced disappearance.

The International Week of the Disappeared is an expression of solidarity of all families of desaparecidos of the world. It is a celebration of life to honor the historical memory of those who have given their lives for the ransom of many. It is a renewal of commitment of the families of the disappeared and all human rights advocates to keep on the struggle against enforced disappearances and impunity until the dawning of the day when there are no more desaparecidos.

On this occasion, families of the disappeared call for an end to their untold sufferings brought about by this anti-life instrument used to silence their beloved desaparecidos. Despite their physical absence, the desaparecidos refuse to be silenced. For indeed, the perpetrators have miserably failed to silence them by physically eliminating their victims. As we commemorate the International Week of the Disappeared, we reiterate that the desaparecidos remain ever present in our minds and hearts.

Enforced disappearance is anti-life…
No to untold sufferings…
Ratify the UN Convention for the Protection of All Persons from Enforced Disappearance!

Signed:


MUGIYANTO MARY AILEEN D. BACALSO
Chairperson Secretary-General