ITEM 11 : CIVIL AND POLITICAL RIGHTS
(d) IMPUNITY
Mr Chairman,
Cases of impunity are still on the increase despite the many references made by the Commission to the need to combat impunity. In her opening address Mrs. Mary Robinson stated very strongly that ".there must be no selectivity, no sanctuary, no impunity for those guilty of gross human rights violations." The failure of this body and the international community to fight impunity effectively has allowed the institutionalisation and legalisation of the acts committed by violators of human rights, especially in cases where there have been changes of governments, for instance Suharto in Indonesia.
This new millennium must herald bold measures from this Commission to combat impunity. The common practice of "leaving-the-past-behind" only serves to protect the powerful perpetrators. We call for a victim-centred approach, as affirmed by the Special Rapporteur Mr Joinet who pointed out that the "victim's right to know the truth, right to justice and rights to restitution" are essential in combating impunity. [E/CN.4/Sub.2/1997/20]. The many cases before us point clearly to the fact that impunity is enjoying freedom in the world.
Indonesia:
In Indonesia the perpetrators in the killing of seven students during the Trisakti University demonstrations have not been brought to justice.
The "Military Operation Area" (DOM) policy in Aceh has resulted in killings, disappearances and rape. The military was investigated by Tengku Nashirudin who was appointed by the House of Representatives (MPR). He disappeared on 29th January 2000 and was found dead on 1st February 2000. This case has yet to be brought to justice.
During the May riots in Jakarta in 1998, the military trained provocateurs, looted and burned buildings and ships. A supermarket was set alight and the 2000 people inside were all burned alive. The investigating Fact Finding Team made recommendations that the perpetrators be brought to justice.
The new democratic state of Indonesia should not allow the past to haunt the new administration. All perpetrators should be brought to justice.
Malaysia:
Even in a newly industrialized country like Malaysia, the lack of political will to investigate the criminal acts carried out by high-officials is a cause of great concern. The former Chief Minister of State who had sex with an under-aged girl was not charged under Malaysian law with statutory rape. Instead the girl was detained and sent to a Correctional Institute. The rule of law must apply to all.
Thailand:
We call on Thailand, a flourishing democracy to bring to justice those responsible for the deaths during the Democracy Movement uprising of 1992. Many disappeared persons are still not accounted for.
Peru:
In Peru two broad amnesty laws, passed in 1995, have granted legal impunity to perpetrators of gross human rights violations that occurred between 1980 and 1995. At least 3004 cases of forced disappearances reported by the UN Working Group on Disappearances, numerous extra-judicial executions, massacres and cases of torture remain without investigation or sanction. Additionally, the judiciary and the public prosecutor's office are systematically interfered with by ad hoc committees appointed by the government and for this reason they cannot perform their task of administering justice independently and impartially. Almost 80 per cent of all judges are working on a temporary basis. Faced with the lack of judicial protection for their rights at the domestic level, Peruvian citizens have increasingly been taking recourse to the Inter-American Court of Human Rights in recent times. However, in July 1999 the Government of Peru withdrew its recognition of the Court's compulsory jurisdiction. This court subsequently declared this decision to be invalid under the terms of the American Convention on Human Rights.
Before this Commission, we support the UN Working Group on Forced Disappearances' petition to derogate both Amnesty Laws that have fostered an "environment of impunity". We also request the restoration of the independence of the judiciary, and finally, we ask this Commission to urge the Peruvian government to reaccept fully the jurisdiction of the Inter-American Human Rights Court.
Argentina:
In Argentina, the perpetrators of gross violations of human rights that took place during the last military dictatorship were granted legal impunity set by democratic governments. Despite this official policy, victims, their relatives and human rights defenders are still seeking justice for the alleged 30.000 disappearances and other cases of kidnapping of children, torture, assassination etc. As a result of not being able to seek redress in the national court, they have had to look for support at the international level.
This lack of justice breaches the right to full restitution, compensation, and reparation for victims. It also allows perpetrators of human rights violations to act in the knowledge that they have a guarantee of not being prosecuted or punished.
According to this Commission's commitment and concern on the issue, we ask its members to urge Argentina to:
- comply with the recommendations made by the Human Rights Committee by removing military and civilian violators from office,
- co-operate with international tribunals to investigate violations of human rights, on the basis of universal jurisdiction and,
- annul all impunity laws and pardon procedures.
Impunity is commonly seen only through the civil and political rights paradigm, but reality tells us that many times the perpetrators of social, economic and cultural rights also enjoy impunity. The plundering of national resources, especially financial scandals like that of the Bank Bali in Indonesia involving US$70 million and the Bank Bumiputra of Malaysia involving US$3 billion. Those responsible for the collapse of these banking institutions have yet to be charged.
This Commission must also pay attention to non-State actors such as Multinational Corporations (MNC) who plunder forests in indigenous territories or pollute the waterways with toxic waste.
Combating impunity needs an independent body at the international level where the local judiciary is weak. We therefore support the call of Japan for all States to ratify the Rome Statute to establish the International Criminal Court without delay
