Indonesia: Turning to the Worse
February 2001
Diakonisches Werk der EKD, Stuttgart Referat Menschenrechte
United Evangelical Mission, Wuppertal
57th Commission on Human Rights, Geneva
Aide Memoire to the German delegation
Prepared by
Diakonisches Werk der EKD, Human Rights Desk, P.O.B. 10 11 42, D-70010 Stuttgart, Germany, *49-711-2159-500 and United Evangelical Mission, Rudolfstraße 137, D-42285 Wuppertal, Germany, *49-202-89004-168 (This memorandum does not cover questions of human rights violations in East Timor, which is now under the Transitional Authority of the United Nations)
Introduction
The situation in Indonesia has been monitored by Diaconia and United Evangelical Mission with growing concern. Watch Indonesia!, Berlin, reports that frequency, number and seriousness of human rights abuses have increased, and almost exceeded those committed during comparable periods of time during the Soeharto era. The Working Group on Arbitrary Detention, the Special Rapporteur on violence against women, delegations of the UN Security Council and an International Commission of Inquiry have been visiting Indonesia and East Timor during the recent years. Despite the cooperation that Indonesia has extended to UN officials in this context we note a lack of implementation of the UN’s recommendations. Few steps have been undertaken to improve the institutional and legal system and to fight corruption. The Working Group on Arbitrary Detention recommended that the Code of Criminal Procedure should be reformed and that the independence of police and judiciary should be uphold. The Working Group also called for proper implementation of existing laws to ensure that the rights of detainees are fully guaranteed. Several people in Papua and Aceh (case of Muhammad Nazar, chair person of the NGO SIRA) are being prosecuted on the basis of „hate sowing articles“ that were frequently used against political opponents under the Suharto regime. These articles are part of the Indonesian Criminal Code and go back to the time of the Dutch colonial jurisdiction. Political analysis shows that deference to former and present higher military ranks is the main political obstacle to effective legal reform. The violence of the conflicts in Indonesia can be brought to an end only if the influence of the military will be diminished and, at the same time, the democratic forces and the civil culture will enjoy substantial support from the international community.
Aceh
In Aceh, both sides – the government and the Free Aceh Movement (GAM) – are increasingly committing human rights violations. Hundreds of alleged GAM suspects have been arbitrarily detained, tortured, “disappeared”, physically attacked or illtreated in custody. Among the victims are human rights defenders, such as prominent Jafar Siddiq Hamzah, and humanitarian workers, nationals as well as volunteers from international aid agencies. It has been reported that GAM is responsible for intimidation, forced displacement of villagers and frequent assassinations against police, military personnel, and individuals allegedly being informers of them. Rape was a feature that had been raised by the Special Rapporteur on violence against women in her 1999 report. Last year, close to 1,000 persons have been killed in the course of political violence, the large majority being civilians. We have shared our concerns with the Foreign Office on these issues last autumn. A ceasefire agreed in Switzerland in January 2001 proved failure within the next two days as sixteen killings were caused by the security forces and GAM, according to international news agencies. In 2000 a socalled Humanitarian Pause also had failed. It resulted in an increased number of victims and even more harassment against national and international human rights workers than before. Under these extremely adverse conditions humanitarian agencies were forced to cease activities or reduce them to a minimum. The security forces want the state of emergency being introduced. Human rights observers warn that people in the conflict areas get isolated and their security is going to be jeopardized very seriously.
Papua (Irian Jaya)
For the Papuan people the year 2000 began with great hopes for an improvement in their situation. During a visit at the beginning of the year 2000, President Wahid apologised explicitly for past human rights violations perpetrated by the security forces. He suggested to rename the province of Irian Jaya into Papua, permitted the raising of the “Morning Star” flag together with the Indonesian flag (under certain conditions), granted the right to hold a Papua Congress and even granted some financial support for it. The Papuan people made use of these concessions. At the Congress in June 2000, a Papua Council and Presidium were, for the first time, democratically elected. In Congress debates, as well as during numerous demonstrations throughout the year 2000, the indigenous population expressed their wish for political independence from Indonesia. However, the Congress restricted itself not to provoke the GOI by yet another independence declaration, but instead reiterated the one taken in 1961. With regard to negotiations on autonomy, promised by the Indonesian government, there was no progress whatsoever, and this contributed, furthermore, to a strengthening of the forces committed to full independence from Indonesia. In the course of the year, it became obvious that the President’s liberal stance was not matched by the conduct of the Indonesian government and the security forces. 1. Although the National Commission for Human Rights during several visits to West Papua had confirmed severe human rights violations in recent years (Timika in 1995, Bela, Alama, Jila and Mapnduma in 1996/7, Biak in 1998, Timika in 1999), none of these cases have been subject to judicial investigation and the dependents of victims have received no compensation. 2. Since July 2000, the military forces in West Papua have been strengthened by additional troops from Kopassus special units. Three fighter planes and over 30 warships have been stationed in West Papua. The population has been intimidated by the installation of numerous small control posts, and had their freedom of movement restricted. 3. Although the raising of the “Morning Star” flag was initially allowed (s.o.), and only in October 2000 prohibited by Cabinet decision, the security forces reacted with brutality to the raising of the flag. There were bloody clashes in July and August in Sorong and Fak Fak, in September in Manokwari, in October in Wamena, in November in Merauke and in December in Jayapura and Tiom. In total almost 100 people were shot dead by the security forces, hundreds imprisoned and tortured, and, on at least two occasions (Wamena and Jayapura), prisoners were beaten to death by the security forces. In December, the security forces imprisoned ten members of the Council and Presidium in Wamena and Jayapura. In other cities, too, Presidium members were jailed, and accused of subversion.
Moluccas
Since the beginning of last year around 4,000 people from the Moluccas died by violent confrontations and hundreds of thousands of people fled their towns and villages, according to estimations by Watch Indonesia!. These unrests, however, should not be regarded as a religious conflict, in spite of the violence, which was committed by both Christians and Muslims. Rather we recognize the conflict as an implication of the ongoing power struggles in Indonesia. Due to this highly conflictive settings, religious and ethnic tensions are provoked and enhanced systematically by local or national power groups. In diverse strains Christian and Muslim neighbors turned from each other, whole areas, even single villages and town districts fall apart based on the affiliation to an ethnic or religious group. In this heat up atmosphere which is continuously inspired by negative propaganda and unbalanced reporting, the traditional ways of common communication and common searching for solutions fail. The forced migration policy in Jakarta, the struggle for power between the Democrats and the followers of the Soeharto system as well as ethnic differences belong to the historical reasons of the conflict setting.
Recommendations to the EU delegations to the 57th session of the UN Commission on Human Rights
We recommend Germany and the other EU delegations to urge the Commission to issue a statement covering the following points:
- The Commission urges Indonesia to take immediate and appropriate measures to bring extrajudicial executions, “disappearances”, arbitrary detentions and torture to an end, in particular in Aceh, Moluccas and Papua. The government should ensure proper investigations into allegations thereof and bring the perpetrators to justice in accordance with international fair trial standards.
- The Commission requests the government to invite the Special Rapporteurs on torture and extrajudicial, summary or arbitrary executions to visit Indonesia in order to investigate on human rights violations in Aceh, Moluccas and Papua.
- The Commission provides appropriate measures of technical assistance for the establishment of an independent judiciary in Indonesia and urges its government to implement the recommendations made by the Working Group on Arbitrary Detentions. The Commission also urges the UN member countries to offer any assistance to improve the legal system.
- The Commission denounces the activities of militias and private armed groups as a serious threat to public security and to the development of democracy and the rule of law. It urges the government to disarm and dissolve the militias and private armed groups operating publicly in any part of the country.
- The Commission urges the government to close down all military posts in small villages in Papua, and to withdraw all military personnel back to the barracks in the big centres, also to withdraw the “non organic” troops (including Kopassus and Kostrad) from Papua.
- The Commission urges the government to oblige the Indonesian army and police to guarantee the safety of the humanitarian workers and volunteers. The same, respectively, applies for GAM (the Aceh Independent Movement) and other armed groups.
- The Commission urges the UN member countries to put military exports to Indonesia under strict scrutiny. Evidence has to be shown that human rights violations resulting from arms exports will be avoided.
- The Commission encourages national and international support in the efforts to develop “peace discourses” in Aceh and Moluccas, and to continue the open dialogue with the peoples of Papua on participation in the provinces’ development and on self determination.
