A Truth Commission could bring healing for a tragic past
Mary S Zurbuchen
Even seasoned observers had trouble
predicting how difficult the 'post-Suharto era' would be. Yet, despite
economic woes, social conflict and vacillating leadership, many
Indonesians feel they have indeed embarked on a journey leading toward
a more democratic society. Among the key milestones on the road, many
say, are efforts to face up to Indonesia's troubled past.
The litany is familiar, from the mass
violence and detentions following the 'failed coup' of 30 September
1965, through episodic suppression of dissent (Tanjung Priok, Lampung,
Dili), to policies leading to systematic rights violations (Aceh, Irian
Jaya, East Timor), and to student killings and mass violence in May and
November of 1998. These events, and the patterns of impunity they point
to, are troubling memories that to this day perpetuate dissatisfaction
with government and undermine national cohesion.
In the public mind the New Order's
controlling instruments - the military and police, intelligence, and
bureaucracy - should account for this record. This sentiment is
affirmed by a segment of the elite. Indications of commitment at the
highest levels of Indonesia's new government to redress past wrongs
include pending draft laws to establish a human rights court and a
national truth commission. Still, the process of establishing 'truth'
and 'justice' is a daunting assignment. It covers a diverse array of
events including state as well as vigilante violence, sectarian
conflict, detention, discrimination, disappearance, and systematic
civil rights abuse. It must be dealt with at a moment when the state's
relations with its citizens are undergoing profound redefinition (for
example through decentralisation), while regional disaffections and
separatism run high, and as an uneasy military relinquishes some of its
formidable powers.
Two tough dilemmas face those who hope to
shed light on matters long hidden under the New Order. One challenge is
to determine whose truth needs to be told, and what definitions of
victimisation and guilt are necessary to read accurately the long
record of abuse. Another is to identify ways for 'truth-seeking' to
create conditions for a stronger national compact, thus providing a
foundation for reconciliation and social cohesion.
Uncensored
Previously suppressed accounts are being
published for the first time. Colonel A. Latief, long jailed for his
role in the events of 30 September 1965, has told his story in Tempo;
Pramoedya Ananta Toer's once-banned book on Indonesia's Chinese was
launched with much fanfare; and former persona non grata Benedict
Anderson's commentaries are widely disseminated. Radio and television
talk shows host uncensored discussion on topics such as East Timor's
legacy of violence, New Order corruption, or the military's purported
role in the deaths of the Trisakti University students in the Jakarta
unrest of May 1998.
Once targets for official banning, book
publishers are illuminating the past from new vantage points. Flower
Aceh, an energetic non-governmental organisation promoting gender
justice, produced a volume on women's accounts of Aceh's persistent
violence (see Inside Indonesia
April 2000). An important dissertation by Indonesian social scientist
Hermawan Sulistyo has appeared analysing aspects of the 1965 mass
killings. Garin Nugroho's semi-historical film Unburied Poem,
which portrays an Acehnese 'didong' storyteller's memory of involvement
with 1965 violence, even had a brief run in cineplex theatres. Despite
the continued ban on the study of Marxism-Leninism, books on the left
and socialism have proliferated, and were in fact best-selling items in
book stalls during the August 2000 session of the People's Consultative
Assembly (MPR). In the world of arts and culture, meanwhile, an
exuberant celebration of Chinese performance traditions suppressed
under the New Order has taken place in many locales.
Other Indonesians are pulling the veil from
patterns of violence through grass-roots voluntary service. The
Volunteer Team for Humanity (Tim Relawan Kemanusiaan)has
helped many victims and collected accounts of human rights abuse. Their
work has inspired other networks in East Java, Bali, Medan, West Timor,
Maluku, Pontianak, and Papua, often with links to faith communities and
other NGOs.
Other types of local acknowledgement have
challenged official versions of history. In early July 2000 Sultan
Hamengku Buwono X of Yogyakarta dedicated a monument attesting that his
father, the late Hamengku Buwono IX, conceived the March 1, 1949
republican assault on Dutch-held Yogyakarta. It directly counters New
Order claims that then Lieutenant-General Suharto was the sole hero of
that revolutionary operation. New private foundations and activist
researchers have initiated studies into the legacy of 1965, the Tanjung
Priok killings, and other events. Some of these groups seek to
rehabilitate Indonesians long deprived of basic rights through
political imprisonment after 1965.
Responding to growing public awareness,
some senior figures have apologised publicly. In August 1999 then-armed
forces chief General Wiranto apologised for military abuses in Aceh.
During an otherwise low-key television appearance in March 2000,
President Abdurrahman Wahid expressed his regrets over the involvement
of his own Muslim organisation Nahdlatul Ulama in the mass killings of
1965-66 in Java. Many see apologies as inadequate, because they skirt
issues of accountability and the complete revelation of the truth. But
under the New Order, such gestures would have hardly been imaginable.
Popular concern has also led to formal
processes. Commissions established at the national and provincial
levels have submitted reports on abuses following East Timor's
referendum in August 1999, on killings of civilians in Aceh, and on the
fatal Tanjung Priok riots of 1984. A multi-sectoral fact-finding team
that included legal experts, activists, department officials and
military attempted to clarify the widespread May 12-15, 1998, violence
and destruction in Jakarta. Another investigation, this one led by the
national police, has attempted to fix responsibility for the violent
takeover of the party headquarters of the PDI in July 1996. Each of
these efforts has proved controversial. Each has been driven by the
government's need to address specific political groups as well as
international opinion. Public reaction has included charges of
'whitewashing', and complaints about weak prosecutorial follow-up. In
the Aceh case, a trial and conviction (also much criticised) of
low-ranking officers in the killings of Teungku Bantaqiah and his
followers resulted from one such report.
Just as opportunities to bring perpetrators
to account are opening up, the weaknesses of Indonesia's justice system
appear especially glaring. Widespread judicial corruption, limited
investigative capacity, and unreliable prosecutors are major
constraints when 'truth and justice' are defined solely through the
courts. Despite ongoing training programs for prosecutors and high
court reforms, the judicial contests are slow. In frustration, some
groups have called for 'people's trials' for Suharto and his family and
associates.
Truth Commission
Recognising that formal legal process might
not be adequate, some Indonesians have begun to look at establishing a
Truth Commission to clarify the New Order record of human rights abuse.
Early suggestions along this line came during the short-lived Habibie
government, and highlighted the nation's need for 'national
reconciliation'. The most detailed blueprint was created by Abdurrahman
Wahid before he became president. His Independent Commission for
National Reconciliation would have been a private effort involving
prominent international advisors and a distinguished Indonesian panel
of commissioners.
International donors have been willing to
help Indonesians seeking to bring the past to light. In May 2000 a
group of Indonesians from the government, military and police, research
community and civil society groups went to South Africa for a two-week
study of that country's efforts to confront its history of racial
violence, including the well known Truth and Reconciliation Commission.
Specialists from South Africa and other regions have visited Indonesia
to share their knowledge. Senior government figures traveled to Seoul
in July 2000 to learn about South Korea's prosecution of former
national leaders. Human rights activists, women's advocates, and
victims' groups have begun to learn about the growing record of
international experience with truth commissions.
This experience shows that a society can
stand to gain through the truth commission process. First, truth
commissions allow individual victims to voice their own stories - and
to be listened to, perhaps for the first time. Second, they promote
public education through producing an official record of violations.
Third, they can aid resolution by acknowledging the suffering of
victims, mapping impacts of past crimes, and recommending reparations.
Fourth, commissions can recommend specific reforms in public
institutions such as the police and judiciary with the aim of
preventing recurrence of rights violations. And finally, truth
commissions can sort through issues of accountability and indicate
perpetrators.
The twenty or so truth commissions that
have taken place around the world have all operated in different ways,
with various outcomes. There is no single model for Indonesia.
Would Indonesia benefit from a truth
commission? What would be its objectives? What form would it take, and
how much of the past would be included in its mandate? How would it
accommodate Indonesia's great diversity, and the many 'truths' of
different actors over the long New Order years? Would the commission
have investigative powers? Could it establish a credible account of the
past and meet the expectations of victims of rights abuse? Would it
help or hinder the judicial process of bringing perpetrators to
justice? Would bringing painful past events to light lead to vengeance
in society? Is government committed to truth-seeking, or is a
commission likely to be a weak instrument co-opted by political
interests?
One of the greatest priorities is to
promote public education and debate about the possible commission.
Advocates believe that formal legal processes alone are not likely to
provide the answers about the tragedies of the past. They are convinced
that if Indonesia listens to the voices of diverse victims of rights
violations, a different vision of society will begin to emerge. Both
citizen commitment and consistent political will are needed. Only
through looking back at such history can the country move forward to
shape a better future.
Mary Zurbuchen (mzurbuchen@yahoo.com)
directed the Jakarta office of the Ford Foundation, a private US
philanthropy, between 1992 and 2000. She is now at the University of
California, Los Angeles.
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