December 17, 2024
JAKARTA – The 2024 theme of International Human Rights Day, “Our Rights, Our Future, Right Now,” highlights the essential role of human rights in addressing global challenges. For me, central to the realization of this vision is a dismantling of impunity.
Impunity, the persistent evasion of accountability, undermines the rule of law and emboldens perpetrators of human rights violations. It thrives in environments where governance is authoritarian, judicial systems are compromised and laws are weaponized against dissent.
Failure to address impunity, therefore, makes rights-based solutions lose credibility and impact, rendering hollow the global aspirations for a just future.
In Southeast Asia, impunity not only silences dissent and erodes public trust, but also perpetuates cycles of repression and inequality.
The Philippines has starkly illustrated the devastating consequences of impunity. Former president Rodrigo Duterte’s “war on drugs” resulted in thousands of extrajudicial killings, predominantly targeting the poor. Justice remains elusive for victims and systemic failures ensure that those responsible remain free.
The 2009 Ampatuan Massacre, where 58 people, including journalists, were brutally murdered, exemplifies how accountability was consistently obstructed. Such cases normalize violence and erode public trust in governance.
Myanmar is an even-graver manifestation of impunity. Since the military coup in 2021, the junta has unleashed mass atrocities, including killings, torture and arbitrary detentions.
The Rohingya genocide, marked by mass displacement and unspeakable violence, underscores the junta’s disregard of human dignity. ASEAN’s inability to take decisive action emboldened the regime, reinforcing the notion that power trumps justice in the region.
Another troubling case is presented by Thailand, in which repression is masked under the guise of legal formalities. Enforced disappearances, such as the case of Wanchalearm Satsaksit in Cambodia, expose the regional complicity in silencing dissent.
Laws such as lèse-majesté and defamation are systematically weaponized to stifle activists and journalists, turning the justice system into an instrument of intimidation rather than accountability.
Cambodia has demonstrated how impunity is used as a tool for authoritarian consolidation. The dissolution of opposition parties, such as the Cambodia National Rescue Party (CNRP) and the suppression of independent media, reflects deliberate strategies to eliminate political competition and entrench power.
Meanwhile, Vietnam’s harsh prison sentences for activists like Pham Doan Trang show how dissent is met with severe reprisals, ensuring that justice remains unattainable for victims.
Even Indonesia, often hailed as a democratic success, struggles with unresolved rights abuses. Historical atrocities such as the 1965–66 anti-communist massacres and ongoing violence in Papua remain unaddressed, leaving victims without recourse. The unsolved assassination of journalist Fuad Muhammad Syafruddin in 1996 epitomizes the structural barriers to justice.
The digital era has extended the reach of impunity to cyberspace. Governments across the region deploy surveillance, censorship and disinformation to target activists and to suppress dissent. In Vietnam, bloggers face relentless crackdowns, whereas in Indonesia and the Philippines, online harassment is weaponized to manipulate discourse and silence critics.
Environmental degradation highlights the interplay between unity and systemic injustice. In Cambodia’s Prey Lang Forest and Indonesia’s Kalimantan, illegal logging and resource exploitation have displaced indigenous communities while destroying ecosystems. These activities, often backed by political connections, persist unchecked because of weak enforcement mechanisms.
The implications of impunity are profound and far reaching. Public trust in institutions erodes, democratic governance deteriorates, and marginalized groups, including women, indigenous peoples and minority groups bear the brunt of injustices. For them, justice is systematically dismantled and further entrenches cycles of vulnerability and exclusion.
Addressing impunity in Southeast Asia requires comprehensive structural reform. Judicial independence must be safeguarded to ensure that courts serve justice rather than political interests. Repressive laws such as Thailand’s lèse-majesté and the Philippines’ Anti-Terrorism Act must be repealed or reformed to protect civil liberties. Robust legal frameworks form the foundation for dismantling impunity and fostering accountability.
Partnerships between civil societies and affected communities are equally critical. Human rights defenders, grassroots organizations and journalists play indispensable roles in exposing abuse and advocating for justice. Governments must create environments that enable their work, rather than criminalize or intimidate them. A vibrant civil society is not just a safeguard for democracy but a prerequisite for meaningful accountability.
Despite these challenges, there have been some signs of progress. Malaysia’s abolition of the mandatory death penalty in 2023 reflects its commitment to aligning criminal justice with human dignity. The Philippines has institutionalized protection for overseas workers, providing better safeguards for vulnerable populations. Indonesia introduced the National Strategy on Business and Human Rights, encouraging over 200 companies to adopt due diligence practices, aligning their operations with human rights principles.
These achievements highlight that changes are possible. Governments must strengthen the capacity of their justice systems to deliver accountability, particularly for violations of human rights. A transparent, victim-centered approach is essential to restoring trust and addressing historical and ongoing injustices
Impunity remains a systemic issue, requiring bold action at both national and regional levels. ASEAN must prioritize cooperation in judicial reform to ensure fair trials and independent courts in its member states. Strengthening the role of the ASEAN Intergovernmental Commission on Human Rights (AICHR) with investigative and enforcement mandates is a crucial step.
Addressing impunity requires courage, commitment and collaboration. It is a fight not only for victims but for the region’s collective future, a future rooted in dignity, equality and human rights.
For Southeast Asia, the choice is stark: Continue down the path of repression and inaction or embrace accountability and justice.
The fight against impunity is a fight for Southeast Asia’s future. Justice must prevail not only for victims, but for the region to realize its full potential as a community rooted in dignity, equality and human rights.