Precedence: bulk INDONESIAN LEGAL AID FOUNDATION Number: 016/SP-YLBHI/IX/1999 PRESIDENTIAL DECREE NUMBER 7/1999 DISREGARDS THE FACT THAT TNI IS NOT NEUTRAL IN THE MATTER OF EAST TIMOR The security situation after the vote in East Timor is getting worse. The flood of refugees going out of this region indicates that Indonesia government could not guarantee the feeling of security, which needed for each person in this region. Various forms of violence such as the burning of houses, molestation and murders are continuing. This condition is exacerbated by the TNI backed militias who are going about freely bearing arms. In connection with this situation, as of 00.00 hours September 7, 1999, the whole region of East Timor is declared in a State of Military Emergency. This decision was issued by the Indonesian government through 'Presidential Decree No. 7 of 1999' and is based on Act No.23/Prp/1959 on the State of Emergency. Before this presidential decree was enacted, various forms of violence occurred in East Timor. This violence has caused damage to the communication infrastructure and has forced national as well as foreign journalists to leave the region. As a result East Timor is de facto already isolated. This situation has caused the access by the humanitarian missions to be obstructed and even completely stopped. With regard to this development, the Indonesian Legal Aid Foundation state the following: First, we are convinced that the various forms of violence taking place in East Timor at present are the manifestations of resistance to, and rejection of the results of the Vote as announced by the UN. Second, the dispatch of military troops to East Timor, under the protection of the Presidential Decree on the Declaration of Martial Law, will make the security condition even worse and threaten the peace process in East Timor. This concern is very justified, because history has shown that the military are part of the East Timor problem. In such a situation, it will be very difficult to expect that the military can take a neutral stance in the present conflict in East Timor. Therefore, we are of the opinion that it is not appropriate for the TNI to receive the mandate as the guardian of security in this region. Third, to prepare for a transitional government in East Timor, we are of the opinion that what is needed at this moment is the upholding of the law in a just and impartial manner, which condition is impossible for the Indonesian government to provide. Therefore we urge the Secretary General of the United Nations to immediately send a Peacekeeping Force to realize peace in the East Timor region. It is this Peacekeeping Force, together with TNI and the Indonesian Police, which shall be responsible for maintaining security and peace in East Timor. Fourth, we urge the government to open a logistics channel and information access from and to East Timor. Whatever the state of security that has been decided for the region, it should not reduce the civil and political rights of individuals. On the basis of this principle, all measures which result in the obstruction of access to humanitarian aid and access to information can not be tolerated. Therefore whoever is in charge in East Timor, must be able to ensure that the access is not blocked. In other words the access to humanitarian aid and for the journalists must be immediately opened as a condition for the realization of peace in East Timor. Issued in Jakarta, Dated September 8, 1999 Board of Management Dadang Trisasongko, Vice Chairman Irianto Subiakto, Head of Civil & Political Rights ---------- SiaR WEBSITE: http://apchr.murdoch.edu.au/minihub/siarlist/maillist.html
