By Jeremy Sarkin
Far Eastern Economic Review (Hong Kong)
Dealing with past atrocities and human rights violations has not been high on the agenda of many Asian countries. Yet countries across the region are beginning to grapple with the issue of past crimes against humanity, genocide and other human rights violations.
As they start this difficult process, questions that need to be addressed include whether there should be criminal trials, whether there should be a truth and reconciliation commission (TRC), whether victims ought to receive reparations and whether other mechanisms need to be established to achieve various goals, including reconciliation.
These are important issues. How a society deals with its past is a major determining factor as to whether that society will achieve long-term peace and stability. Reconciliation in countries, and between countries, is crucial to prevent tensions, hostility and conflict.
In postwar Japan, the Tokyo trials, similar to the Nuremburg trials, were held to bring perpetrators of human rights abuses to justice. While there have been attempts by Japan's neighbors to hold those responsible for the violations committed on comfort women, forced civilian labor and others, little has been achieved in practice. The highest courts in Japan have rejected these claims. Even the question of an apology for such occurrences is mired in deep controversy.
Yet some countries in the region are taking steps to deal with these issues.
The Philippines has put $200 million aside for reparations for atrocities perpetrated against citizens during the Marcos regime.
Burmese exiles are considering such issues if and when democracy returns to their country.
In Sri Lanka, where 25 years of conflict between the government and Tamil Tigers continues, a commission of inquiry has recently been set up to investigate human rights violations.
In Cambodia, 30 years after 1.7 million were killed and millions forced into slave labor by the Khmer Rouge, a joint United Nations and Cambodian tribunal has been established to hold some of those now elderly leaders accountable. But progress has been slow and the process has been controversial; a way to provide direct assistance to the Khmer's victims has yet to be established.
Bangladesh is now examining whether it ought to deal with crimes committed at the time of its independence in 1971. Recently, there have been demands that those accused of committing violations should not be permitted to stand in parliamentary elections.
In Indonesia little has been done to address the massive human rights violations committed during former President Suharto's (who died on Jan. 27) 33 year reign of terror. While an ad hoc human rights court in Jakarta was established to punish Indonesian soldiers who committed atrocities during the Timor-Leste process to achieve independence in 1999, it is believed by many that there was no true intent to hold perpetrators accountable. However, a TRC is envisaged at some point.
Indonesia and Timor-Leste have been trying to achieve reconciliation amongst themselves by the establishment of a joint friendship commission, but this process has been heavily criticized. The Aceh Peace Agreement agreed to by the government of Indonesian in 2005 makes provisions for a TRC, a human rights court, amnesties, and other transitional justice processes. While demobilizing, decommissioning, and reintegration processes have almost been completed, the other steps envisaged have not yet occurred. These steps, as well as others that were agreed to, need to occur soon to reduce increasing tensions in Aceh.
Meanwhile, Timor-Leste has had trials and a TRC to deal with the events that occurred in 1999, although few were prosecuted. Ongoing conflict means achieving reconciliation has a way to go.
While a number of Asian countries have taken some steps to deal with the past, the steps taken overall have been limited. An overall transitional justice strategy needs to be adopted by each country to ensure that justice, truth and reconciliation, amongst other goals, are achieved for each nation, for groups within each state and for individual victims. Avoiding such issues could have major negative consequences for the future of the region and may allow simmering tensions to boil over into violence.
Mr. Sarkin is visiting professor of International Human Rights at the Fletcher School of Law and Diplomacy at Tufts University, Boston.
As they start this difficult process, questions that need to be addressed include whether there should be criminal trials, whether there should be a truth and reconciliation commission (TRC), whether victims ought to receive reparations and whether other mechanisms need to be established to achieve various goals, including reconciliation.
These are important issues. How a society deals with its past is a major determining factor as to whether that society will achieve long-term peace and stability. Reconciliation in countries, and between countries, is crucial to prevent tensions, hostility and conflict.
In postwar Japan, the Tokyo trials, similar to the Nuremburg trials, were held to bring perpetrators of human rights abuses to justice. While there have been attempts by Japan's neighbors to hold those responsible for the violations committed on comfort women, forced civilian labor and others, little has been achieved in practice. The highest courts in Japan have rejected these claims. Even the question of an apology for such occurrences is mired in deep controversy.
Yet some countries in the region are taking steps to deal with these issues.
The Philippines has put $200 million aside for reparations for atrocities perpetrated against citizens during the Marcos regime.
Burmese exiles are considering such issues if and when democracy returns to their country.
In Sri Lanka, where 25 years of conflict between the government and Tamil Tigers continues, a commission of inquiry has recently been set up to investigate human rights violations.
In Cambodia, 30 years after 1.7 million were killed and millions forced into slave labor by the Khmer Rouge, a joint United Nations and Cambodian tribunal has been established to hold some of those now elderly leaders accountable. But progress has been slow and the process has been controversial; a way to provide direct assistance to the Khmer's victims has yet to be established.
Bangladesh is now examining whether it ought to deal with crimes committed at the time of its independence in 1971. Recently, there have been demands that those accused of committing violations should not be permitted to stand in parliamentary elections.
In Indonesia little has been done to address the massive human rights violations committed during former President Suharto's (who died on Jan. 27) 33 year reign of terror. While an ad hoc human rights court in Jakarta was established to punish Indonesian soldiers who committed atrocities during the Timor-Leste process to achieve independence in 1999, it is believed by many that there was no true intent to hold perpetrators accountable. However, a TRC is envisaged at some point.
Indonesia and Timor-Leste have been trying to achieve reconciliation amongst themselves by the establishment of a joint friendship commission, but this process has been heavily criticized. The Aceh Peace Agreement agreed to by the government of Indonesian in 2005 makes provisions for a TRC, a human rights court, amnesties, and other transitional justice processes. While demobilizing, decommissioning, and reintegration processes have almost been completed, the other steps envisaged have not yet occurred. These steps, as well as others that were agreed to, need to occur soon to reduce increasing tensions in Aceh.
Meanwhile, Timor-Leste has had trials and a TRC to deal with the events that occurred in 1999, although few were prosecuted. Ongoing conflict means achieving reconciliation has a way to go.
While a number of Asian countries have taken some steps to deal with the past, the steps taken overall have been limited. An overall transitional justice strategy needs to be adopted by each country to ensure that justice, truth and reconciliation, amongst other goals, are achieved for each nation, for groups within each state and for individual victims. Avoiding such issues could have major negative consequences for the future of the region and may allow simmering tensions to boil over into violence.
Mr. Sarkin is visiting professor of International Human Rights at the Fletcher School of Law and Diplomacy at Tufts University, Boston.
2 comments:
agree with the article. asia still has a long, long way to go in terms of reconciliations and human rights records. only one exception is japan, although japan is happened to be located in asia, however, japan had always associated with the more developped countries of the west. i learned that japan is the only country in asia that is comparable to germany, france, Uk and even the USA in its development ways.
Yes, and that is why Japan is pretty much isolated in the far east. They learn so much from the west on how to commit atrocity against their own Asian fellows. This remind me a lot of pol pot who was also trained in the west.
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