INTERNATIONAL COURT OF JUSTICE

United Nations Human Rights Council, 21st Regular Session, 10 to 28 September 2012
Agenda Item 6 

Joint Oral Statement by the ICJ and FIDH in the Adoption of the Outcome Document in the Universal Periodic Review of Indonesia 

Madam President, 

The International Commission of Jurists (ICJ) and the International Federation for Human Rights (FIDH) welcome the acceptance by the Government of Indonesia of the recommendation to ratify the Convention Against Enforced Disappearances and its commitment to combat impunity in the country. This commitment is significant not only nationally, but also regionally, since Indonesia plays an integral role in the establishment of an ASEAN human rights mechanism. Combating impunity, which includes fulfilling the rights to truth and to reparation for victims of enforced 
disappearances, will not only have enormous positive impact on Indonesia, but also on the entire region. 

It is in this light that we support the call of human rights defenders in Indonesia to the Government to set up an ad hoc Human Rights Court to look into the case of 13 pro-democracy activists who “disappeared” from 1997 to 1998. More than a decade has passed since their enforced disappearance and their families continue to wait to know the truth about the fate of their loved ones. 

The rights to truth and reparation are expressly recognized under international law, including under the Set of Principles for the Protection and Promotion of Human Rights Through Action to Combat Impunity, which provides that States should “ensure the inalienable right to know the truth about violations”. In the case of death or enforced disappearance, this includes the right of victims’ families to know the truth about the fate of their loved ones. The Set of Principles also asserts that violations of human rights give rise to the right to reparation on the part of the victim or the victim’s beneficiaries. 

We therefore urge the Government of Indonesia to act on its expressed commitment to combat impunity in the country and immediately and effectively resolve all cases of enforced disappearance in the country.