The Indonesian Ministry for Law and Human Rights is currently discussing a draft law on the formation of truth and reconciliation commissions (Komisi Kebenaran dan Rekonsiliasi or KKR). The commissions are supposed to investigate past human rights violations and deal with multiple atrocities which occurred in Indonesia under military dictator Suharto. A former version of the law was repealed by the constitutional court in 2006. It is not clear yet when the draft law will be debated in the parliament.
Human rights observers and academics called upon the ministry to open the drafting process for civil society participation. They stressed that the commission must have sufficient mandate and resources to fulfil the victims right to justice and reparation. Moreover, the truth and reconciliation commissions should comprise victim representatives, law enforcement institutions, the national human rights commission and civil society.
The United Nations Basic Principles and Guidelines on the Right to a Remedy and Reparation for Victims of Gross Violations of International Human Rights Law and Serious Violations of International Humanitarian Law stipulates that, “Victims should be treated with humanity and respect for their dignity and human rights, and appropriate measures should be taken to ensure their safety, physical and psychological well-being and privacy, as well as those of their families. The State should ensure that its domestic laws, to the extent possible, provide that a victim who has suffered violence or trauma should benefit from special consideration and care to avoid his or her re-traumatization in the course of legal and administrative procedures designed to provide justice and reparation“ (Paragraph 10) . The principles were adopted and proclaimed by General Assembly resolution 60/147 on 16 December 2005.
