Komnas HAM Stresses Systematic, Sustainable Recovery for Past Gross Human Rights Violations
The National Commission on Human Rights (Komnas HAM) has stressed that recovery for victims of past gross human rights violations must be implemented systematically and sustainably.
Komnas HAM member Amiruddin Al Rahab said in Jakarta on Thursday (6/8) that the policy on victim recovery is grounded in the mandate of Law No. 26 of 2000 on the Human Rights Court, which regulates the state’s responsibility towards victims of gross human rights violations.
According to Amiruddin, recovery must be directed at restoring the rights, dignity and standing of victims and their families, and must not be viewed as a form of social assistance.
“This is a form of fulfilling the absolute, unconditional rights of victims, because of that responsibility,” he said.
He emphasised that the implementation of victim recovery programmes must remain oriented towards the fulfilment of rights so as not to create the perception that the state is merely providing temporary assistance without resolving its responsibilities.
Amiruddin also reminded that non-judicial mechanisms in victim recovery must not become a reason to eliminate the opportunity for resolution through legal channels should such mechanisms be pursued at a later date.
“So the recovery programme is not a tunnel to silence justice. If a programme already exists, it does not mean victims are forced to remain silent or told to be quiet,” he said.
According to him, strengthening the legal foundation is necessary to ensure that recovery programmes have a clear direction, run sustainably and provide certainty for victims of gross human rights violations.
In addition, Amiruddin stressed the importance of the Certificate of Victim of Human Rights Violations (SKKP-HAM) as an instrument for recognising victim status as well as part of protecting their rights.
“The essence is the Victim Certificate, that a person is declared a victim, that they are part of the investigation process conducted by Komnas HAM,” he said.
He explained that holders of SKKP-HAM are part of Komnas HAM’s investigation process and could potentially become witnesses should the resolution of gross human rights violations be pursued again through judicial mechanisms.
Meanwhile, Dimas Bagus Arya Saputra, Coordinator of the Commission for the Disappeared and Victims of Violence (KontraS), urged the resolution of gross human rights violations through a transitional justice approach that encompasses victim recovery while ensuring similar events do not recur.
“We must resolve this thoroughly, justly and in favour of victims, to guarantee non-recurrence,” said Dimas.
According to Dimas, judicial and non-judicial resolution mechanisms need not be pitted against each other because both can run in a complementary manner in fulfilling victims’ rights.
“This resolution process cannot be viewed through a binary lens. Judicial and non-judicial. It is a unity, complementary in nature, mutually reinforcing,” he said.