http://home.snafu.de/watchin/Aide%20Memoire%202006%20September.pdf
United Evangelical Mission - Communion of Churches in three Continents
Diakonie
Watch Indonesia!
September, 10th 2006
Aide-Mémoire
2nd Session of the UN Human Rights Council
18 September – 6 October 2006
Indonesia
Impunity must be brought to an end – all conflicts must be resolved by
peaceful means
Impunity
Eight years of democratisation and transformation in Indonesia, and
victims of grave human rights violations are still waiting for justice!
There has been no progress regarding prosecution and trial of gross
violations of human rights. Impunity is still enjoyed by those
responsible for the 1999 violence in East Timor, despite repeated
unambiguous demands and recommendations on the part of UN organs. This
is above all the report of the Commission of Experts (CoE). The UN
Secretary General, who established the Commission, recently recommended
that the Security Council endorse its findings. We call on the HRC to
lend its support to the Secretary General’s stance.
Also other trials before ad-hoc human rights courts have so far just
continued the tradition of impunity: The trials for the 1984 Tanjung
Priok massacre led to acquittals. And the first trial before a permanent
human rights court, the trial for killings and torture in Abepura
(Papua) 2000, ended after more than a year without tangible results as
the court declared that the case was not within its jurisdiction.
In September 2004, the well-known human rights lawyer Munir was
poisoned. The proceedings in this murder case have so far only led to
the conviction of the person charged with having carried out the actual
poisoning. Despite obvious indications pointing to an involvement of the
State Intelligence Agency BIN the investigation has so far not followed
up this lead. We would recommend the Government of Indonesia (GoI) to
ensure the continuation of the investigation, to make public the final
report and recommendations of the Presidential Fact-Finding Team, and to
take steps that the criminal defamation charges filed by the former head
of BIN, General Hendropriyono, against two members of the Fact-Finding
Team, Usman Hamid and Rachland Nashidik, are dismissed.
Various efforts are under way to deal with past human rights violations,
which are more or less explicitly conceived as a substitute to criminal
prosecution: As concerns East Timor, the Governments of Indonesia and
Timor Leste have jointly set up the Commission of Truth and Friendship.
The massacres committed during Suharto’s rise to power in 1965/66 and
other cases can soon be brought before the planned national Truth and
Reconciliation Commission (TRC). For Aceh and Papua, TRCs are also
envisaged. A common characteristic of the commissions is that they do
not aim at bringing to light the truth, but at burying the past and
providing amnesties for perpetrators and therefore deny victims the
essential right to justice and perpetuate impunity. Such contested
provisions on the national TRC have recently been challenged before the
Indonesian Constitutional Court, whereby the outcome remains yet to be
seen. We would recommend that the contested amnesty provisions be
revised to bring them into accordance with international law, otherwise
credible accountability cannot be achieved.
Aceh
One year after the signing of the historic Helsinki Memorandum of
Understanding (MoU) between the GoI and the Free Aceh Movement (GAM) the
situation of the province devastated by 30 years of conflict and the
tsunami catastrophe has improved enormously. Under the supervision of
the Aceh Monitoring Mission (AMM), comprising monitors from EU- and
ASEAN countries, a substantial demilitarization of Aceh was carried out
in late 2005. In a further move, imprisoned GAM members have been
released from jail and rehabilitated. Programs designed to reintegrate
former combatants into society are under way.
In July 2006, after long heated debates, eventually the Law on the
Governing of Aceh was passed. GAM and civil society organisations have
criticised that the law does not fully live up to what had been agreed
on in the Helsinki MoU, especially as regards human rights provisions.
The concerns with respect to the TRC have been mentioned; furthermore,
the law precludes the prosecution of crimes committed during the 30
years of conflict. We recommend a review of the corresponding provisions
in the law to enable that perpetrators and those with command
responsibility for gross human rights violations be tried before (ad
hoc) human rights courts.
Despite their discontent, GAM leaders have stated their commitment not
to return to armed struggle. In order to keep a sustainable peace in the
province it is imperative that the GoI ensures that the law is fully
implemented, that the precepts of the Helsinki MoU are not eroded any
further, and that the planned local elections in December run smoothly
and peacefully. In this respect we welcome that the AMM mission has been
extended until after the local elections.
Since the introduction of Islamic law in Aceh, cruel and degrading
punishments have been implemented in the province. Dozens have been
caned in public for illegal gambling, alcohol consumption, adultery, and
being alone with members of the opposite sex to whom they are neither
married nor related. The acceptance of Islamic law in Aceh is contested;
it has often been termed as an “unwanted gift”. The findings of a recent
study, that under martial law in Aceh the military gave a boost to the
religious bureaucracy, underscore the questionable legitimacy of shari’a
in the province. We would recommend that the comprehensive application
of and compulsory submission to shari’a law in Aceh be subject to an
authentic democratic review process, especially concerning the aspects,
which infringe on personal - particularly women’s - rights and freedoms,
and concerning the application in the sphere of criminal law, which
includes the implementation of cruel punishments such as caning.
Papua
The conflict in Papua remains unresolved. Hopes for a political solution
are fading fast. One reason for this has been the lack of implementation
on the part of the central government of the political and
administrative reforms provided for in the 2001 Special Autonomy Law.
Mismanagement and corruption on the part of the local administration
have furthermore been responsible for the fact that the population at
large has not seen any benefits from the province’s improved financial
situation.
The situation is currently just below boiling point; eruptions of
violence and bloody clashes between desperate young Papuans and the
security forces can happen any time and lead to an escalation of the
extremely volatile situation. The bloody clashes in March this year
should serve as a warning that prompt measures to deescalate the
situation and to initiate steps towards sustainable conflict resolution
are most urgent.
Over the past year, according to first-hand information, torture of
prisoners took place in a number of cases, among others of those
detained in connection with the killing of security forces’ members in
March. Unfair trials and political sentencing have continued to take
place in Papua. The most blatant example is possibly the conviction of
two independence supporters, Filep J.S. Karma and Yusak Pakage, who were
sentenced to prison terms of 15 and 10 years respectively for treason
against the state; they had organised a peaceful celebration of the
self-proclaimed Papua Independence Day, which ended in clashes between
the police and participants.
Past human rights violations remain unresolved. Among others, concerning
the incidents of Wamena (2003) and Wasior (2001) (see previous reports),
on which the National Human Rights Commission Komnas HAM conducted
preliminary investigations concluding that gross human rights violations
took place, so far no prosecution proceedings have been initiated.
Central Sulawesi
During 2000/01, Central Sulawesi had been one of the bloodiest scenes of
communalist violence. The efforts of today’s Vice President Yusuf Kalla
eventually led to the Malino I peace accord of December 2001, which then
served as a model for the later accord for the Moluccas (Malino II). The
fragile peace over the past years is based on near complete segregation
of the conflicting parties. Occasional renewed violent clashes could not
be prevented. Initial steps to reconciliation have been undertaken.
This “cold peace” has been undermined by several attacks – apparently
intentionally. Two bomb blasts in Poso on April 28th, 2005, luckily
without casualties, sent a clear signal: they were aimed at the NGOs
„Poso Reconciliation and Conflict Resolution Center“ (PRKP) and „Civil
Society Empowerment Commission” (LPMS) and thus against conflict
resolution efforts by civil society actors. One month later, on May
28th, 2005, a bomb exploded on the market of Tentena killing 22 people.
On October 29th, the death of three schoolgirls, who had been beheaded
with machetes, shocked observers around the world. On New Year’s Eve
2005, a bomb blast on the market in Palu killed eight people. During the
six months security operation intended to keep peace in the region,
hundreds of weapons as well as ammunition and explosives have been
confiscated and a number of suspects detained. But so far, no clear
image has emerged as to the perpetrators and their background. As the
heated public debate over the imminent execution of three Christians
convicted for their implication in violent clashes in 2000 shows how
fragile the inter-religious relations and the “cold peace” are, it
remains important to establish an independent commission to conduct an
investigation into causes and background of the recent violence and to
support sustainable inter-religious/inter-communal reconciliation measures.
Increasing restrictions on personal – particularly women’s - rights and
freedoms
Not only in Aceh, which is so far still the only province where the
shari’a is officially in place, a stricter Islamic code of dressing and
demeanour is enforced. Over the past years a number of local governments
have put into effect regional bylaws, which introduce shari’a-like
precepts that impinge on personal rights and freedoms, especially for
women and girls. In some districts even the implementation of caning
penalties has been reported. We would recommend that the authorities
take appropriate steps to initiate judicial review of such regional
legislation.
Cause for concern are also several provisions in the draft of a new
anti-pornography law, which envisage harsh penalties among others for
what is considered an indecent female dress code, e.g. bare shoulders
(which in some part of the country is part of the traditional way of
dressing), and kissing in public. We would recommend that the GoI heeds
the calls of civil society organisations to abolish these and
like-minded provisions from the draft law.
Human rights instruments
We welcome that, on September 30th, 2005, the Indonesian Parliament
(DPR) and Government ratified the International Covenant on Civil and
Political Rights (ICCPR) as well as the International Covenant on
Economic, Social and Cultural Rights (ICESCR). This constitutes an
important step in the process of human rights codification and on
Indonesia’s path towards a democratic state under the rule of law.
However, it is regrettable that the ratification of the two covenants
has been conducted with a legal reservation concerning Article 1
stipulating the right of all peoples to self-determination. The reason
for this might have been the experience with secessionist conflicts
especially in Papua and Aceh as well as a different theoretical
understanding regarding the concept of the right to self-determination.
We thus call on the members of the HRC, to enter into a dialogue with
the representatives of the Republic of Indonesia in order to clarify the
concept of Article 1 ICCPR respectively ICESCR and to urge for ex-post
ratification.
The GoI has stated in its Human Rights Action Plan that it envisages the
ratification of the Optional Protocol to the Convention against Torture.
In view of continued torture allegations we would recommend that the GoI
speeds up the ratification of the Protocol and in the meantime grants
the long-time request of the Special Rapporteur on Torture to visit the
country.
In order to underline its seriousness about its commitment to human
rights, we would furthermore recommend that the GoI ratifies the Rome
Statute of the International Criminal Court earlier than envisaged the
Human Rights Action Plan.
Death penalty
The death penalty is still on the statute books in Indonesia and dozens
of convicts are on the death row. Currently, a number of imminent
executions have become an issue of public debate, and numerous civil
society groups are calling for the abolition of the death penalty. We
would recommend that the GoI heeds these calls and takes prompt steps to
prepare the ratification of the Second Optional Protocol to the ICCPR
aiming at the abolition of the death penalty. In the meantime we would
recommend that the GoI opts for a moratorium on capital punishment.
On the basis of the situation outlined above, we recommend the following
to the 2nd UN Human Rights Council:
· to urge the GoI to end impunity and to undertake further and
sustainable steps on the way to establishing an independent judiciary
which is free of corruption and fear, particularly
· to bring perpetrators of past and present human rights violations to
justice and to comply with the recommendations of the Commission of
Experts to re-open cases tried before the Ad-Hoc Human Rights Court and
to consider prosecuting General Wiranto and
· to bring the terms of reference of the planned Truth and
Reconciliation Commissions and of the existing Commission of Truth and
Friendship into accordance with international law, particular with
regards to the amnesty provisions;
· to offer the GoI technical assistance with regard to the above
mentioned;
· to urge the GoI to secure the safety of human rights defenders in
accordance with the relevant UN Declaration, to ensure a continuation of
the investigation into the murder of Munir and to make public the final
report and recommendations of the Presidential Fact-Finding Team
established to investigate the murder;
· to encourage the GoI to extend invitations to the Special
Representative of the UN Secretary General on Human Rights Defenders and
the UN Special Rapporteur on extrajudicial, summary or arbitrary
executions to visit Indonesia;
· to support the GoI in identifying dialogue partners for a peaceful
resolution of the conflict in Papua, to support such a peaceful dialogue
with all necessary means and to urge the GoI to ensure strict
implementation of the Special Autonomy Law;
· to encourage the GoI to invite the Special Rapporteur on Torture to
visit the country;
· to urge the GoI to protect personal – particularly women’s – rights
and freedoms in law and in practice and take appropriate steps in cases
where they are or are threatened to be violated;
· to encourage the GoI to establish an independent commission with the
task of conducting an investigation into causes and background of the
violence in Central Sulawesi;
· to offer the GoI support for inter-religious/inter-communal
reconciliation measures, esp. in Central Sulawesi;
· to encourage the GoI to continue implementing its Human Rights Action
Plan, to accede to the ICC and the Optional Protocol to the Convention
against Torture ahead of schedule and to ratify other international
instruments, above all the Second Optional Protocol to the ICCPR aiming
at the abolition of the death penalty;
· to ensure the GoI their full support for the peace process in Aceh.
--
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