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IHCS » News, Press Release » WHY PEOPLE’S TRIBUNAL? TO KILL A MYTHIC BIRD OF POLICIES

WHY PEOPLE’S TRIBUNAL? TO KILL A MYTHIC BIRD OF POLICIES

100_3071People’s Tribunal, always appears when the national authority is not able to provide justice to the victims of human rights violation in the past.

AHRC forms “People’s Tribunal” for militarism cases and food shortage. The tribunal is responsible to do research to find and evaluate evidence from human rights violation. People own this court and not the state because the victims have the right to express the truth without the government’s will to admit people’s complaints. The court is also expected to be the “tribunal of conscience” that emphasizes the need for public accountability towards human rights violation.

The findings in this court show that militarism and food shortage issues are day-to-day obstacles in Burma. Starvation always haunts people in Burma. The judge that this court uses has various background, some of them are law, philosophy, public policy, etc. The court was founded in Thailand in 1999. The panel concludes that there are six factors happened in Burma; (1). Direct attack towards civilians and food; (2). Food deprivation and forcible possession of by the army; (3). Forced displacement; (4). Restrictions in trade and migration; (5). Ecological damage and accelerated harvest; (6). Vulnerable health.

Other experiences that shaped the court on human rights violation in the past are the case of Armenia. The crime that was put on trial was the mass murder of Armenian civilians by the Turkish government in 1915-1916. The appointed panelists to evaluate genocide cases and have generated at least three points, one of them is establishing international responsibility of the Turkish government and providing rehabilitation to the genocide victims.

The appointed experts must report. In the report, they should include “there is no doubt regarding the reality of the physical acts constituting the genocide.” The finding is the result of a well-done and comprehensive investigation. It is almost the same as the work of the court that was formed by AHRC, on Armenia, the court also gives right to the government of Turkey to respond the report that was given by the court. However, the Turkish government also rejects the denial of crime that was reported by Armenian court. Even so, the court holds on to the decision, that the Turkish government has committed genocide based on the findings.

In Indonesia, cases of gender-based war crimes are prosecuted by inviting the judges, public prosecutor, witnesses and victims from Indonesia. The war crime mentioned is crime that was done by the Japanese that occupied Indonesia in the Second World War. There are a few matters proposed by the public prosecutor in this case, one of them is the demand and background of sexual slavery system. This People Tribunal is also held outside Indonesia’s jurisdiction that is in the Netherlands.

Overall, People’s Tribunal is an alternative court as a breakthrough that is caused by the stagnant law process by the state authority, where crime of human rights violation occur, but the response towards the revealing process of human rights violation or crime did not exist. Even there is a sign that perpetrator is the state authority that collaborates with transnational business entities that are supported by armed forces. The pattern that is built involves a number of parties involved in People’s Tribunal, starting from the judges from various backgrounds, witnesses invited are also more free and independent in providing testimonies, also the perpetrator are given the rights to respond the process of People Tribunal being held.

In general background, what we believe as the People’s Court is the court as a breakthrough alternative to the stagnant due legal process of the authority of the State in which the crime or human rights violations occurred, but the response to the disclosure of the crimes or human rights violations do not exist, even pointed out that the culprit is the authority of the State in collaboration with entities trannasional-business entities that supported the armed forces.

Pattern that’s been  constructed involves so many parties involved in the people’s court, ranging from judges is varied backgrounds from various backgrounds and professions, presented witnesses who are also more free and independent in conducting testimony, and the granting to the unexpected criminals to carry out a response to the people’s court held.

Since the Green Revolution era New Order military regime, has resulted in farmers alienated from plant breeding, by reason of agricultural intensification, farmers became dependent on seed companies seed. Furthermore, after the Indonesian involved in the WTO, Indonesia immediately trapped in the privatization of seeds sourced from the company’s actual germplasm owned the Indonesian people, then patented by reason of intellectual property protection.

By Law Cultivation System, farmers are prohibited from plant breeding, since from collecting germplasm to distribute seeds farmers plant breeding is done. If you still do, then farmers discriminated against and criminalized or imprisoned. Law then Cultivation System is a violation of human rights especially Peasant Rights) conducted by the state through the laws (judicial violence) to protect penindasam capital (capital violence).

The declaration by the Constitutional Court that Article 9 and Article 12-and 60-automatically Law Cultivation System can not be treated on a small-scale agricultural families, farmers now regained its independence in a real plant breeding rights of farmers who are hereditary.

With the decision of the Constitutional Court, the state should recover the rights of farmers and the victims of discrimination of ceiminalisation of  Cultivation System, protecting and making small-scale family farms as the basis of food sovereignty and agrarian reform as a way to run the right to food of Indonesian citizens . With the extent of agricultural land of farmers, the seeds can be cultivated farmer’s dream, develop animal husbandry and fish farming.

In the procession of the people’s court, the affected farmers also plant breeders and farmers in general, given the freedom to demonstrate what is testimonial to corporate crimes experienced by those, such as criminalization, environmental degradation, and the dependence of farmers ensnare due to effect of Law SBT. People’s courts is possible to be used as a tool of political and legal education for all the people who follow him on the struggle of farmers and plant breeders also to encourage the birth of political policies and laws at the local level in accordance with the Decision of the Constitutional Court

 

 

 

 

 

 

 

 

 

 

 

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