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undreds of Shiite victims from Sampang hope to be allowed to immediately return to their hometown before Idul Fitri. After more than a year in temporary shelters in Sampang, they moved to the apartments in Sidoarjo. As the Shia group was forcibly evicted from their homes, their rights should be respected, protected and fulfilled.

The policy of the government is to return them to their hometowns. However, it is still waiting for the right moment for both groups to be ready to reconcile. Steps for reconciliation should be implemented by inviting participation of the two opposing groups. Reconciliation should be formulated based on the victims and the community, do not be elitist and not grounded.

Speed and maturity will determine the success of the reconciliation process between the parties. The longer the victims spend time outside their place of origin, the victims will increasingly suffer. They have lost their jobs, access to land, housing, social and cultural ties, political access, and the lack of meaningful activities in temporary shelters will cause boredom and stress for the victims.

A human rights approach is important and fundamental in designing and implementing the reconciliation process, for the victims, the opposing group as well as the government. The state'€™s obligation to protect and fulfill human rights must be present and on the side of the victims.

Aspirations and desires of both parties should be heard and reconciled. Reconciliation using a snowball effect is necessary, starting from issues that both sides agree on and accept, before continuing on to bigger and more fundamental issues.

Furthermore, a human rights approach on the reconciliation process is important for the fulfillment of the fundamental rights of the victims, namely the right to clean water, food, shelter and medicine. Also to protect the victims from all forms of human rights violations further, for example discrimination in the public service sector, denial of rights to participate and sexual harassment.

In the short term, the following points should be used as guidelines for protecting and fulfilling the rights of the victims.

First is protection of the rights related to physical security and integrity, such as the protection of the right to life and to be free from violence, arbitrary detention and intimidation.

 Second is the fulfillment of rights associated with basic necessities of life. One example is the right to food, water, shelter, adequate clothing, adequate health care and sanitation.

 Third is the fulfillment of rights relating to protection of economic, social and cultural aspects, such as the right of access to education, to receive restitution or compensation for lost property, and the right to work.

Fourth is to respect and protect rights related to the individual needs of civil and political rights. For example, respect of the right to freedom of religion and speech, personal documentation, political participation, access to justice and freedom from any acts of discrimination.

Currently, the position between the victims and the opposing sides are not equal. To that end, a human rights approach serves to strengthen the capacity and capability of the victim so as to have the ability to conduct dialogue and build a better bargaining position with the opposing party and the government.

According to Kontras, at the core, people don'€™t have problems with each other. However, the people troubled and concerned about the Shia in Sampang are the elite of society. So, it becomes important for the victims to be given the ability to negotiate with the elite, as well as the duty of the government to build the position of the victim so they have equal position with the elite class.

In addition, in terms of process, human rights approach aims to build the capacity of individuals in claiming their rights, for example, through building participation and empowering the victims. In the context of participation, the victim must be actively involved in managing temporary shelters in line with their expectations and daily habits. They also should be involved in setting the agenda in formulating their future, especially preparing the reconciliation measures to get back to their place of origin.

Participation will build confidence and empower victims, which is very useful to improve the bargaining position with the other parties (empowerment effect). It will also increase the sense of ownership for the women, men, or children.

Furthermore, the human rights approach also aims to build capacity of the duty bearers to meet their obligations. If the government allows this case to continue unresolved, then government will be judged in the context of acts of omission.

The government must be able to demonstrate its competence and authority to protect those who are weak. Constitution and Law No. 39/1999 on human rights affirmed that every person has an equal position before the law and is entitled to live in prosperity. Based on these norms, the government should facilitate the process of reconciliation and standing between the two sides.

By building the capacity of victims and improving government accountability, the human rights based approach will transform power relations in order to create conditions that enable victims to claim their rights and use the knowledge, resources and ability to be involved in decision-making processes that affect their future. Thus, reconciliation process-based on human rights is expected to be able to restore harmony and peace between the parties in a sustainable and long term manner.

The writer is an investigator at Komnas HAM. This is a personal view.