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Ester
and Aceh human right activist Suraiya Kamaruzzaman receive
the Yap Thiam Hien Award in 2001. (JP/Arief
Suhardiman)
Ester Jusuf: Tireless rights campaigner
A. Junaidi, The Jakarta Post, Jakarta
"There
is no point of return" is probably a perfect phrase
to describe the spirit of human rights activist Ester Indahyani
Jusuf in investigating mass killings in the country.
"We will continue to uncover the alleged mass killings
even though people have started to forget the cases,"
Ester said in an interview with The Jakarta Post recently.
Starting our her career as a lawyer with the Jakarta Legal
Aid (LBH) in 1996, Ester, whose Chinese name is Sim Ai Ling,
had already been involved in the investigation of similar
cases even before she graduated from the School of Law of
the University of Indonesia.
Among the cases she helped investigate was the torture and
killing of a Tarumanagara University student by members
of the campus student regiment in West Jakarta in 1994.
She also joined the investigation into the bloody takeover
of the Indonesian Democratic Party (PDI) headquarters on
July 27, 1996 in Jakarta, which triggered mass rioting.
Two years after the riots of May 1998, in which Chinese-Indonesians
were the major target, Ester left LBH Jakarta and, along
with other young activists, founded a non-governmental organization
called the Solidarity of the Nation-State (SNB).
SNB, along with other NGOs, such as the Committee for Missing
Persons and Victims of Violence (Kontras), established a
coalition of NGOs to investigate the mass killings that
occurred during the May riots.
Ester was appointed secretary of an ad hoc committee set
up by the National Committee of Human Rights (Komnas HAM)
called the Joint Fact-finding Team to probe the killings.
The team, chaired by Komnas HAM deputy chairman Sholehudin
Wahid, the younger brother of then president Abdurrahman
Wahid, finally concluded that gross human rights violations
had been committed in the May tragedy.
Ester succeeded in raising public awareness of discrimination
against ethnic Chinese, both at home and abroad, after she
spoke before the annual session of the United Nations Human
Rights Commission in April 2001. Her persistence in fighting
against discrimination won her the prestigious Yap Thiam
Hien Human Rights award in the same year.
However, 2001 was also a difficult year for Ester who was
pregnant with her second baby as her husband, fellow activist
Arnold Purba, died in May.
The death of her husband did not stop Ester from investigating
alleged human rights violations in the country. Along with
other activists, including her current husband Albertus
Suryo Wicaksono, Ester founded an NGO, Kasut Perdamaian
(Shoes for Peace), which investigates alleged killings after
the September 1965 tragedy.
Investigations into the bloody May 1998 riots have never
been followed up. What are the obstacles?
Politically, we lack support. The House of Representatives
does not plan to conduct a plenary session on the issue,
although they supported the investigation during the early
hearings.
The Joint Fact-finding Team set up by Komnas HAM completed
its investigation into the case, but the results of the
investigation have not been followed up by the Attorney
General's Office. I was the secretary of the team.
For the Attorney General's Office to investigate the alleged
killings, it needs a recommendation from the House, which
can be issued only if it deems there were gross human rights
violations in the incident. (Unfortunately, an investigation
by the House concluded that there was no gross human rights
violations in the May riots.) The office even challenged
us to bring forward witnesses who knew that (former Indonesian
Military chief) Gen. (ret) Wiranto did withdraw his troops
during the riots.
Completing evidence and summoning witnesses are the responsibility
of the attorney general. We, Komnas HAM, are authorized
to conduct a preliminary investigation only.
What is the President's stance on the case?
No president has ever ordered the attorney general to probe
the case. Actually, an intervention by the president --
asking the attorney general to probe the case -- is another
legal avenue to continue the investigation because demanding
and waiting for the House' recommendation would take time
and be difficult.
We are now planning to meet the President (Susilo Bambang
Yudhoyono) to ask him to order the attorney general to conduct
an investigation into the case. Legally, he can ask the
attorney general to continue the investigation.
Do you have strong evidence that gross human rights violations
did take place in the May tragedy?
There is a lot of evidence. There were two parties, the
Komnas HAM and a coalition of NGOs such as SNB and Kontras,
which had investigated the case. Both found evidence that
indeed gross human rights violations took place.
The May tragedy could be categorized as a case of gross
human rights violations because it happened systematically,
on a vast scale and almost simultaneously at several locations.
We have names of field officers responsible for security
in areas affected by the riots, although it's difficult
to trace their superiors.
Unfortunately, the findings of both Komnas HAM and NGOs
are viewed as the result of a research only.
Does the alleged involvement of high-ranking officers make
it difficult for the investigation to be completed?
People who are allegedly involved in triggering the riots
still have strong influence.
Do you think the investigation into the September 1965 tragedy
will meet the same fate as the May riots?
It could be the case. The alleged involvement of security
officers in both tragedies could be a factor that contributes
to the difficulties in investigating the cases.
I cofounded Kasut Perdamaian, an NGO which focuses, among
other things, on gathering evidence of mass killings after
the September 1965 tragedy.
We have made a short documentary film in an area in Blitar,
East Java where many people were killed after the alleged
failed coup d'etat. Perhaps, the area can become a tourist
destination due to its historical significance.
Did you support the nomination of Wiranto and Sholehudin
Wahid as candidates during the 2004 General Elections?
Along with activists who investigated the May tragedy, I
suggested Sholehudin as a candidate for vice president be
paired with Syafi'i Ma'arif, the former chairman of Muhammadiyah
(the country's second largest Islamic organization) as presidential
candidate.
I did not know why finally Sholehudin chose Wiranto as his
running mate. I withdraw my nomination for the pair. Personally,
I have a good relationship with Sholehudin.
During the riots, it was reported that dozens of Chinese-Indonesian
women were raped. Is it exaggerated?
Yes, it's exaggerated. There was false information circulated
about rape cases. But, it is true also that many Chinese
women were raped during the riots.
The mass media had blown up the rape reports. Some media
took the information from unreliable sources which were
proven to be false. We also found that some pictures of
people who claimed to be victims of the May riots that were
taken from porn sites on the Internet.
We hoped that many of the victims would report the case.
But, we found many witnesses from non-Chinese communities
who saw the incidents of gang rape.
There were also reports that after the riots many doctors
helped the victims abort their unwanted pregnancies?
Yes, we did hear of that, but we could not find the doctors
who helped the abortions (Abortion is illegal in Indonesia,
hence people are unlikely to report voluntarily).
But, we managed to meet and interviewed three doctors who
helped restore the vaginas of the victims. The doctors said
the damage to the vaginas was due to the women being raped
during the riots.
Among the women's movements here, after the riots and the
gang rapes, there was a hot discussion on a woman's right
to abortion. What's your opinion?
I disagree with abortion except for medical reasons. I have
seen many women who became pregnant because of being raped
and became stronger after they gave birth and took care
of their babies.
The government should provide proper medical services for
the pregnant victims. If the women still don't want their
babies they could give them to foundations.
The decision on abortion should be taken by the court after
hearing suggestions from a doctor, psychiatrist and a religious
expert. Probably, a short court session could be conducted
to decide whether the abortion could be carried out or not.
Not many victims, especially Chinese-Indonesians, observed
the commemoration of the May tragedy. Why?
I don't know. Probably, they think that it's useless. They
want to forget all their miseries and get on with their
lives.
Many Chinese-Indonesians often experience violence such
as lootings. However, the May riots were not just lootings,
but also killings.
I come from a rich family in Malang, East Java. We had a
big shop with a small door at the back. Years before the
May tragedy, when the lootings happened, we managed to escape
through the back door. And when the lootings ended, we returned
and resumed working.
Where were you during the May riots
I was at LBH Jakarta office. In the evening, I went home
to a low-cost apartment in Tanah Abang area, Central Jakarta.
It was safe place during the riots.
I called my mom. She said she was OK. "I am used to
facing riots," said my mom. My parents had moved to
Pondok Cabe area, South Jakarta years before the May tragedy.
There were no riots in Pondok Cabe.
The tragedy also raises the problem of discrimination against
ethnic Chinese here. What's your view?
We are pleased that some discriminatory regulations have
been revoked. Chinese cultural traditions are not banned
anymore. The government has decided that Chinese New Year
Imlek should be celebrated as a national holiday.
In practice, however, especially in the bureaucracy, there
is still discrimination. Some Chinese-Indonesians are still
asked to show citizenship certificates when applying for
identification cards. The regulation has been revoked. But,
if a Chinese-Indonesian refuses to bring his/her certificate
and protests, the officers get scared and give the identification
card immediately.
How do you teach your sons about discrimination issue?
Actually, children do not have discriminatory feelings.
We, the adults, often teach them the wrong attitudes. I
have three sons now. I'm a defender of men. (Laughs) I often
bring along my sons to my activities. Sometimes, I'm surprised
by their comments. One time, one of my sons said: "Mom,
military officers are evil, aren't they."
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