Women, Pillars of Justice

(Note : An summarized version has been published on newmandala.org)   

In the mountainous southern Thailand, adjacent to Kaeng Krachan National Park, a group of students gathered at a bamboo house surrounding by sugar cane and livestock. At the centre of the house was Pinnapa “Mueno” Prueksapan, a mother turned activist who campaigned for justice for her disappeared husband since two years ago.

Dressed in ethnic Karen’s traditional costume, Mueno recalled that her husband Porlajee “Billy” Rakchongchaeron, a human rights defenders, was arrested by the national park officials on 17 April 2014 and went missing after that. The national park officials accused Bill of illegally possessed wild bee honeycomb and released him after giving warning.

In fact, before he went missing, Billy had been actively assisting Bangkloybon villagers in preparing an upcoming hearing of a lawsuit, which in relation to burning of 20 ethnic Karen’s houses and rice barns by the national park officials in July 2011. Mysterious disappearance of Billy thwarted the villagers’ effort to reclaim their land rights and to seek reparation.

Since then, Mueno has been relentlessly holding government accountable to enforced disappearance of Billy, particularly the national park chief Chaiwat Limlikitaksor who had conflicts with Billy. With the support of civil society organizations, she lodged police reports, filing lawsuit from lowest court to the Supreme Court. Unfortunately, the Supreme Court dismissed Mueno’s appeal on the ground that there was no substantial evidence, owing to the witness statements were based on hearsay and circumstantial evidence. Mueno did not give up the hope, she filed another complaint with the Department of Special Investigation (DSI) to probe the misconduct of the national park officials in causing the missing of her husband.

In 2016, the National Human Rights Commission of Thailand awarded Women’s human rights award to Mueno to honour her role as human rights defender. Billy’s case highlights Thailand’s enforced disappearance issue in national and international arena, engenders the Thai cabinet approved in principle to table the Prevention and Suppression of Tortures and Enforced Disappearances Bill at parliament. But activists remained skeptical about the watered down bill that removed clauses on participation of civil society will effect changes. Billy is the 82 case of enforced disappearance in Thailand since 1980, the culture of impunity amongst enforcement agencies is rampant.

Today, as a single mother of five children, Mueno goes to farm every day for livelihood of whole family. She need to follow up the investigation of DSI, occasionally travelled to Bangkok to participate events to highlight the enforced disappearance of Billy. 

When student asked how could she drastically switch her role from housewife to activist and so determined in seeking truth and justice for Billy, she calmly said it was very natural that she wants to know Billy’s where about, she must do something to demand justice for her husband. In another media interview, Mueno had said that even if the clock could be turned back, she would make the same choice to support Billy fighting for the rights of Bangkloybon villagers, and she would repeat the works that she has been doing. Both Billy and Mueno have strong sense of justice and committed themselves for realization of human rights.

But many social movements relating to enforced disappearance and murder show that the struggle for justice have a long way to go. 

Another high profile enforced disappearance case in Thailand, human rights lawyer Somchai Neelapaijit, reminds public that human rights movement is a long term struggle. In 2004, Somchai was defending individuals from southern Thailand who were accused of attacking an army camp. He sent a letter of complaint to police in relation to torture and forced confession of his clients, the next day he was abducted in suburb of Bangkok. 

Somchai’s wife Angkhana Neelaphaijit fought the case relentlessly through judiciary and activism. In 2006, she involved in founding Justice for Peace Foundation to raise public awareness on issues relating to justice, rule of law and human rights, as well as to strength capacity of victims and their family members to fight for justice. The foundation believes that change can only happen through empowering the people. 

On 12 December 2012, renowned Lao civil society leader Sombath Somphone went missing after stopped at a police checkpoint. Prior to his disappearance, Sombath Somphone was the co-chair of national organizing committee of Asia-Europe People’s Forum, which was held in Laos in October 2012. His working colleague at the People’s Forum, Anne-Sophie Gindroz of HELVETAS Swiss Inter-cooperation, was expelled by the Lao government on 7 December 2012. 

Sombath’s wife Ng Shui Meng lodged complaint with police. She sent numerous letters to various ministries to demand thorough investigation, but the government denied that Sombath was abducted by police, they claimed that Sombath could be kidnapped due to personal or business conflict. Shui Meng continued her campaign to lodge a report with United Nations’ Working Group on Enforced and Involuntary Disappearance. She has been giving speeches at meetings, conferences, symposiums. She met diplomats and civil society leaders from Asian and Europe countries to bring their attention to Sombath’s enforced disappearance. 

In 2014, Shui Meng and Sombath’s friends launched Sombath initiative, aiming to advocate for ratification of International Convention for the Protection of All Persons from Enforced Disappearance and freedom of expression and association. The initiative will also strive to promote critical discussion and analysis of sustainable approach to national development, in order to carry forward Sombath’s ideas and ideals.

On the same year, Indonesia human rights activist Munir Said Thalib, founder of The Commission for Disappearances and Victims of Violence (Kontras), was assassinated by arsenic while travelling on a Garuda airplane from Jakarta to Amsterdam in September 2004. His wife Suciwati and NGO activists formed Solidarity Action Committee for Munir (KASUM), tireless campaigned for justice for Munir through domestic protests, performance arts, international lobby and setting up a permanent museum.

After intensive investigation process by an independent fact finding team that involved civil society activists, the Indonesian court only imposed sentence on two low players, former pilot Pollycarpus Priyanto and former director of Garuda Indonesia Airlines Indra Setiawan, for killing Munir. Abundant evidence shows that the state’s intelligence agency was involved in plotting the assassination but they were let off the hook by the Attorney General.   

A decade has passed, Suciwati did not stop the struggle for justice. She recently urged the newly elected President of Indonesia to disclose the report of the fact-finding team. It is absurd that the Jokowi government claimed that they did not have the report. In one occasion, Suciwati said that “Munir is not the only victim of this way of thinking. There are already far too many victims of the belief that violence can be justified. Yes, now I’m better able to believe in the struggle that Munir took on. Who he defended and for what purpose. And after 11 years, I know, Munir did not fight alone.”

In Malaysia, an accountant turned activist Teoh Lee Lan has been fighting for justice for her brother, Teoh Beng Hock, who died after a marathon interrogation by the Malaysian Anti-Corruption Commission (MACC) since 2009. As a political aide, Beng Hock was only a witness in assisting the investigation against his boss, the Selangor state executive councilor Ean Yong Hian Wah. The case was widely seen as the federal government’s persecution against the opposition ruled state in order to regain power. Soon the political motivated investigation was dropped due to lack of evidence, the royal commission of Inquiry criticized the MACC officers carried out works without conduct ground works and caused the death of a young man.

Lee Lan and family members brought up the case to courts, royal commission of inquiry, Enforcement Integrity Agency Commission. On 5 September 2014, the court of appeal ruled that Beng Hock’s death was “was accelerated by an unlawful act or acts of persons unknown, inclusive of Malaysian Anti-Corruption Commission (MACC) officers who were involved in his arrest and investigation”. However, the police and Attorney General claimed that there was no criminal elements in the case and cleared MACC officers. The culture of impunity has permeated in every part of civil service in Malaysia.

Without giving up hope, Lee Lan and social activists formed Teoh Beng Hock Trust for Democracy to continue pursuit of justice for Beng Hock and support other victims of state violence. They set up a financial aid scheme to help other victims of death in custody to fight for justice in courts. A Democracy Academy was established as a platform to provide democracy and human rights education.

Despite tremendous obstables, Mueno, Angkhana, Shui Meng, Suciwati and Lee Lan have fought for justice and institutional reforms without hesitation. They are all struggling for livelihood, children and other family commitment, yet squeezing out their leisure time to join human rights campaign. If their efforts are judged by decade-timeline, they are destined to fail. But if their works are judged by generation-timeline, human rights defenders as a historical actor will triumph.

Even if the tasks of institutional reform and protection of human rights cannot be completed by their generation, the accumulated works could facilitate the success of human rights defenders in the future. It is akin to Sisyphus ceaselessly pushing a rock to the mountain top, every little effort has contributed to slowly change of state characteristics and eventually led to legal reform. Women, indeed are pillars of justice that holds up the pantheon of human rights and democracy in Southeast Asia.

Before leaving the bamboo house, few Karen activists asked students to share their experience on how to deals with human rights violations. There are actually few things that we can learn from above women-led social movements : 

1)      Movement organization. According to social movement theorist, one of the social movement stages is set up organization to formalize the movement (Dawson, Gettys cited in  Blumber 2008). Mueno and Karen activist could consider to form an organization or loose network to fight for Billy’s case, just like the Solidarity Action Committee for Munir, alternatively they can join similar organization such as Justice for Peace foundation to establish a sub-committee on Billy to continue the struggle.

It is very important to train young activists to support Billy’s case, championing the issue from time to time. Thus social movement can become sustainable and keep the issue alive for decades. The educational institutions, well-established civil society foundation or organizations can play such role.

2)      Memory project. The formation of permanent museum for Munir is very meaningful, it aims to educate the public on his contribution to human rights, the theme of the museum is “Opposing forget” (Melawan Lupa). Teoh Beng Hock Trust for Democracy organizes annual memorial events to commemorate the passing of Beng Hock, the theme of the 7^th memorial event in 2016 is “Remembrance as Resistance”.

UN Working Group on Enforced or Involuntary Disappearances' General Comment on women affected by enforced disappearances (2012) stated :

"Symbolic reparations are crucial components in a comprehensive reparations programme. They can take the form of commemoration days, museums and parks, reburials and rituals, individual and collective apologies, plaques, tombstones, and monuments as well as other appropriate undertakings. Symbolic reparations aid in the psychological and emotional rehabilitation of victims and are crucial for its collective dimensions and impact on the society as a whole.”

While the state is still refuse to reveal the truth and bring perpetrators to justice and prepare to provide reparation, civil society can launch creative initiative to preserve the memory of injustice and state violence, the future generation needs to be educated about the ugly past to construct a national consensus of defending human rights.

3)      Dissemination of information. Such as Sombath initiative, or the 6 October massacre website. Mueno and friends can consider to set up an English and Thai bilingual website to document the chronology of the enforced disappearance and violations of Billy’s rights, so that the world will be able to access the information from civil society, rather than receive unilateral official explanation from the state. Not only the victim families have the right to truth, citizens of the world also have right to truth and information from the people. The cyberspace revolution is the best weapon against state propaganda.

4)      The last one and the most important is persistency. Social movement is a long-term struggle rather than short-term activities, social activists must prepare to work on issues for decades. The state will always use judicial process or delay tactics to ensure people forget the issue, the civil society must persistently fight for human rights cause. Group fraternity is crucial for any long term movement, build up a core team for Billy’s enforced disappearance and do annual retreat for deep soul searching, formulate a campaign and work from there.

Ng Yap Hwa, a postgraduate student at Institute of Human Rights and Peace Studies, Mahidol University, Thailand.