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    Lesson 2: Discussion on importance of rehabilitation and victims' participation in human rights campaigns

    This lesson discusses the importance of victims and the power of their voices in campaigning for change.

    A. Victim power

    The most important element of human rights work is promoting the dignity of all people. The actions of human rights activists must revolve around this concept. However, in many cases, victims of rights abuses are denied the dignity by those people who claim to defend the rights of the victims. Rather than seeing them as victims of a specific violation, they are seen as victims in general, with all the negative connotations that are associated with the term "victim". This doubly victimises these individuals…

    Pae Eun Shin, a South Korean mother who lost her son in the student democracy movement in Seoul in June 1987, is an advocate for [human rights and equality]. An uneducated woman who had never thought about democracy before her son's death, Pae sought to fight with others who had suffered similar losses as well as those who strived for more democracy in South Korea.

    "I wanted to know why my son joined the demonstration," Pae said in a testimony. "Whenever I visited his grave, I would meet people who would tell me that my son was great and his death was a very sad thing for all of us. These kinds of feelings and sentiments encouraged me to also fight for democracy. Whenever I attended demonstrations and I saw the way the police treated students like animals, I never thought that they were not my sons. They were also my sons. So I had to continue the fight. I used to run after the police vans in which they took the students, and I would stand outside the police station and tell the police not to mistreat the students."

    Pae will always grieve for the loss of her son. However, she has overcome her victimisation through her quest for democracy and in fighting for the dignity of other student protesters, who are also "her sons". In her quest she was helped and supported by other victims' family members, students and activists. Pae wants justice not only for her son, but for everyone…

    While it is true that not all victims will choose Pae's path, most victims of human rights violations are in fact not weak, apathetic and in need of coddling. The abuse that they have suffered may leave them with specific needs (medical, legal or otherwise), but there are many whose experiences as victims of human rights violations will move them to fight for redress. In the case of Pae, no redress could bring her son back; she is fighting for her son's dignity in death and the cause of justice. Human rights activists need to support all victims not only to seek redress and thereby regain their dignity, but also to articulate their views of a society they wish to live in…

    To respond to the needs of a victim requires three things: to know the violation, to provide for the immediate needs of the victim and to document their stories. All three are interlinked. To know the violation, it is essential for activists to meet the victims themselves, rather than rely on second-hand reports. Knowing the violation also means understanding the needs of the victims. These needs, whether medical, legal or otherwise, must be seen as a priority, ensuring the well-being of the victims…

    To respond to systemic factors within society that allow the violations to occur requires the initiation of social or legal movements for change. Such movements, particularly if they are to create enough impact to be effective, need a coherent, organised civil society. Human rights activists must realise that victims themselves are a part of society and must be embraced within any such movement. In fact, the victims can be the strongest force leading a movement for change, as they are the ones most affected.

    In the cases of the 1980 [G]wangju uprising and South Korea's struggle for democracy, activist Kim Yang Rae said that neither movement would have been successful or even possible without the voice of the victims and their families. Kim said at times when everyone else wanted to give up it was the families of victims who persisted. The courage and determination of the ordinary people--which is largely overlooked by many human rights groups--should be harnessed as the driving force of movements for change. The human rights movement sometimes strangely forgets that human rights are about people, and without the people, no fight or discourse has any concrete reality.

    "People", of course, do not mean only the victims of human rights violations, but in the sense of all ordinary folk. It is their involvement that will create a movement with enough impact for change…

    Victims of human rights violations are usually from the poorer sector of society, to which few human rights groups belong. Consequently, the human rights movement is increasingly seen as a foreign and elitist movement, distanced from those it is seeking to protect. The ideological gap between the groups and the people in many instances results in human rights groups not being interested in dealing with ordinary people, including victims. Activists forget that the very nature of human rights work is to deal with all humans [Meryam Dabhoiwala, 'A reflection of human rights work: Human dignity of victims is our prime concern', Human Rights SOLIDARITY, vol. 14, no. 6, November 2004].

    The rehabilitation of victims intrinsically involves providing for the immediate needs of individuals, as well as longer term needs, to enable these persons to move on with their lives. In Sri Lanka for instance, the Asian Human Rights Commission (AHRC) was involved in establishing the Home for Victims of Torture, which provides housing, education, employment and counselling as required for those who have suffered rape or torture. In this way, individuals are given the necessary assistance with which they can overcome the abuse and continue with their lives. The network of groups and individuals involved in this endeavour also provide counselling training for human rights activists, so they are in a better position to assist victims.

    Some victims may decide to speak out regarding their abuse and the system that allows such abuse to occur. The case study below of Angkhana Neelaphaijit, Suciwati Munir and Padma Perera is indicative of the strength possessed by victims of human rights violations, as well as their importance to the causes they represent.

    B. Three outstanding widows nominated for 2006 Gwangju Prize for Human Rights

    On 30 March 2006, the AHRC nominated three outstanding widows of human rights defenders to jointly receive the prestigious 2006 Gwangju Prize for Human Rights, awarded by the May 18 Memorial Foundation, Korea. The three were: Angkhana Neelaphaijit, wife of disappeared Thai human rights lawyer Somchai Neelaphaijit; Suciwati Munir, wife of murdered Indonesian human rights lawyer Munir Said Thalib; and Padma Perera, wife of murdered Sri Lankan human rights activist Gerald Perera. All three exceptional women are close to the heart of the AHRC, and represent the true spirit of the Gwangju May 18 Uprising of 1980, which the prize celebrates. All three stand for common values and actions; all three are equally deserving of respect and recognition.
     
    In a statement announcing the nomination, the AHRC explained why the three women and their husbands are so important:

    The murder of each human rights defender is the attempted murder of a human rights movement. It is also an attack on the whole of society. The aim is to create and intensify fear. Where fear exists, there are more opportunities for further killings, and fewer opportunities for redress. This is a method aimed at silencing not only one person but silencing everyone.

    Today this intense fear smothers many parts of Asia. It has been created by a history of repression, and a trail of killings. Intimidation and cruelty are the fare of ordinary people's lives. Our human rights defenders daily confront and overcome this fear, intimidation and cruelty. The May 18 Uprising, together with the subsequent struggle of the Korean people for justice and redress, has become an important and enduring part of this fight against fear and intimidation in Asia.  

    The global human rights movement has an obligation to support and protect these human rights defenders. One very important way to do this is to celebrate the memory of those who have been killed because of their work, and to assist their families and colleagues to bring the perpetrators to justice and prevent the killings from continuing. This should not be confused with simple expressions of sentimentality and regret over their deaths. It is rather about protecting and nurturing a healthy, living society that can overcome the fear left in the wake of such deaths, and intensifying demands for a new society built on human rights and the rule of law. The people of Gwangju have understood this principle in the rebuilding of their society after the dictatorship was toppled and darkness lifted, through constant commemorations of the struggle for human rights and democracy.

    The most important part of this work, as is made clear every May 18 in Gwangju, is the work with the families of the victims. When a human rights defender is killed, their spouse, children, parents and other close relatives come under intense pressure. They are the key to the strategy. After the target is dead, the wife, the son, the mother are the ones who are left behind. The message to society is obvious: "You and your family will end up like this if you dare to do what this person did." The family becomes the living exhibit of the perpetrators' ruthlessness…

    Very often, as happened in Korea, it is the wife or husband of the dead person who becomes the most outspoken advocate of the dead person. In this way, she or he also becomes the next primary target for threats. All three of the joint nominees for the 2006 Gwangju Prize for Human Rights have risked their own lives to carry on with the work begun by their husbands. It is important for the perpetrators of these killings that their spouses also are silenced. If they become more vocal, then the objective of the killing cannot be achieved. The threat to the perpetrators may also become greater.

    When voices of protest come from the wives or husbands of the dead, lost voices attain an even more vibrant expression. Society is obliged to respond and protect these persons and their voices. This obligation is owed both to the families of the victims and to the society itself. The only way that society can regain its dignity is through this response and support…

    All three of these joint nominees for the 2006 Gwangju Prize for Human Rights symbolise the struggle against intolerable cruelty and deep repression in Asia that embodies the spirit of the May 18 Uprising. Together they are the highest embodiment of human rights defence in Asia. By honouring them, we recognise not only their determination to protect human rights, but also our obligation to do the same. By honouring them, we acknowledge that this is a lasting obligation, and a commitment that we cannot allow to be forgotten. By honouring them as one, we give recognition to the commonality of their struggle and give rise to genuine solidarity for that struggle into the future, across the region [AHRC, 'ASIA: Three outstanding Asian widows jointly nominated for 2006 Gwangju Prize for Human Rights', AS-055-2006, 30 March 2006].  

    Angkhana Neelaphaijit is the wife of Thai human rights lawyer Somchai Neelaphaijit, who was abducted by the police on 12 March 2004. At the time, Somchai was defending clients who had accused the police of torture. His body has never been found.

    Angkhana has been at the forefront of the campaign to get justice for his disappearance. In January 2006, one police officer was sentenced to three years in jail, but his accomplices and the masterminds of the crime have never been identified. She has received death threats because of her continued work. She has met UN officials both in Thailand and abroad to pursue the case. On International Women's Day 2006 she was given an award by the National Human Rights Commission of Thailand as an "outstanding woman human rights defender". On 11 March 2006 she received the 2nd Asian Human Rights Defender Award of the AHRC on behalf of her husband, which was also given in recognition of her own work since his disappearance two years ago. Angkhana is now an inspiration to large numbers of people in Thailand, as well as internationally. She is supported in her work by her five children.

    The AHRC received the following endorsements for her nomination:

    Vitit Muntarbhorn, the UN Special Rapporteur on human rights in North Korea, said that Angkhana Neelaphaijit had shown "great integrity" in her personal struggle for justice and had become "a leading human rights defender in Thailand".

    "She is a wonderful inspiration to those who love human rights and she exemplifies the much welcome role that several women play in Asia in the pursuit of human rights and justice," Vitit said.

    "She has risked her life continually to fight injustices" and uphold the rule of law, he said.

    Sunee Chaiyarose, a commissioner of the National Human Rights Commission of Thailand, said that Angkhana had become an "outstanding figure" in the fight for human rights, despite serious intimidation.

    "With her soft and calm but strong personality, she fights by the way of non-violence without losing heart or giving up," Sunee said.

    Sunee remarked on Angkhana's straight-talking challenges on the failures of the authorities, even when speaking directly with the prime minister.

    She said that Angkhana has overcome her own grief with the loss of her husband for the last two years to become a symbol of courage and perseverance for others, especially victims of disappearances in the south of Thailand.

    Senator Sak Khosangruang described Angkhana as a woman of "strong spirit" who did not yield to threats and who was continuing to uphold the ideals of her husband, a human rights lawyer.

    Sak said that her commitment to human rights was "exemplary and commendable".

    "She is an inspirational example for the people of Thailand as well as the people of neighbouring countries under oppression and violation of human rights," he said.

    Professor Mark Tamthai, director of the Institute for the Study of Religion and Culture at Payap University in Chiang Mai, agreed that Angkhana had been unrelenting in her pursuit of justice, and had inspired others to join the struggle.

    "She has carried out this campaign with determination and inner strength while being threatened and harassed by power, and in so doing has become an inspiration to many in Thai society to follow her example and join in the struggle against injustices in society," he said [AHRC, 'Asia: Three widows should get award, rights defenders say', AHRC-PL-032-2006, 25 April 2006].

    Padma Perera is the wife of Gerald Perera, who was tortured almost to death by the Sri Lankan police in a case of mistaken identity on 3 June 2002. Gerald's life was on that occasion saved only by the quick and determined intervention of his wife. It was also through Padma's contact with a local human rights group that her husband's case soon became a subject for advocacy.

    As she helped him back to health, Gerald and Padma became staunch human rights defenders themselves. They refused to back down in their determination to have the torturers prosecuted, despite many attempts to coerce and threaten them. Gerald won a case for damages and was due to give evidence in a criminal case against the police officers who had tortured him when on 21 November 2004 he was shot dead.

    Despite very real threats to her and her two young sons and daughter, like Angkhana and Suciwati, Padma stood up and refused to be intimidated. She took an active role in the campaign to have the killers arrested. Five police and an accomplice were charged within a month. Padma went to court and testified against them without a trace of fear, and with enormous dignity. Since then she has become a symbol of resistance to police violence and oppression in Sri Lanka, especially among the victims of torture and their families. Like her counterparts in Indonesia and Thailand, she represented her husband's case before senior officials. In December 2005 she was a lead figure in human rights day celebrations organized by a local organization.

    Father Reid Shelton, convenor of the Sri Lankan group People Against Torture, said that Padma Perera was "a beacon of hope" to victims of human rights violations there.

    "The loss of her husband... has driven her to continue with her struggle for justice for her husband as well as for all the other victims," Reid said.

    "The moral support... from such a symbolic gesture is immense," he said.

    He encouraged the selection committee to give the award to the three widows while assuring that it would "be a source of courage to the victims" while asserting to the perpetrators that demands for justice would continue.

    Samith de Silva, a former judge with the high court in Sri Lanka and with the UN Special Court for Serious Crimes in East Timor, said that Padma had given "strength to all Sri Lankan women who fight against human rights violations".

    He assured the selection committee that awarding the three widows with the Gwangju Human Rights Prize would be a "great inspiration" [AHRC, 'Asia: Three widows should get award, rights defenders say'].

    Suciwati Munir is a labour union leader and wife of Indonesian human rights lawyer Munir Said Thalib, who was poisoned on a Garuda airline flight to Amsterdam on 6 September 2004. Munir was at the centre of his country's human rights movement, and had made many powerful enemies. He died before reaching Europe, where an autopsy confirmed that he was murdered, apparently by a high-level conspiracy involving the national intelligence agency and staff of the airline.

    Throughout the days and months that followed, Suciwati was at the forefront of the struggle for justice, both inside and outside Indonesia's malfunctioning investigative and judicial system. In December 2005 a pilot was sentenced to 14 years in jail for his murder, but Suciwati continues the struggle to have the whole truth about her husband's death revealed. She is now opening a civil complaint in the courts against Garuda. She has travelled both nationally and internationally to raise Munir's case, including to Geneva and countries throughout Asia. She has set up a group for solidarity among families of victims in Indonesia. Like Angkhana, she has received death threats because of her work. In 2005 she received an "Asian Hero" award from Time magazine. Suciwati has become a leading light in the human rights movement of her country. By advocating tirelessly on her husband's case she has created a sense of obligation and accountability that had not earlier existed among the authorities there. Despite her numerous activities, still she finds time to raise her two young children.

    Usman Hamid, coordinator of the Commission for Disappearances and Victims of Violence (KontraS) in Jakarta said that the work of Suciwati Munir was a strong part of the struggle for justice in Sri Lanka.

    The struggle strongly deserved both local and international support, he said [AHRC, 'Asia: Three widows should get award, rights defenders say'].

    About the Gwangju Prize for Human Rights

    The Gwangju Prize for Human Rights keeps alive the spirit of the May 18 Uprising against military dictatorship by the people of the southern city of Gwangju, Korea in 1980, and their subsequent struggle for justice and democracy. It is awarded to persons or groups throughout Asia in acknowledgement of the solidarity that the people of Gwangju received from abroad in support of their own fight for human rights. Past recipients have included Xanana Gusmao, the East Timorese resistance leader; Basil Fernando, executive director of the Asian Human Rights Commission; and Dandeniya Gamage Jayanthi, organiser of the Families of the Disappeared in Sri Lanka. The prize is awarded annually on May 18.

    Questions For Discussion

    1. Do you know any victims of human rights violations? What is their physical and mental condition?
    2. Are there any groups that can assist these persons? What are the strengths and limitations of such groups?
    3. Discuss how these victims could support campaigns for specific human rights.

    Human Rights Correspondence School
    Asian Human Rights Commission
    For any suggestions, please email to support@hrschool.org

     

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