[list_indonesia] [ppiindia] UNCHR: Impunity must be brought to an end - conflicts must be resolved by peaceful means
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- Date: Wed, 02 Mar 2005 08:04:08 +0100
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(edited version on http://home.snafu.de/watchin/AideMemoire_Indonesia05.htm)
January 2005
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Aide-Mémoire
61st Session of the UN Commission on Human Rights
14th March to 22nd April 2005
Indonesia
Impunity must be brought to an end - conflicts must be resolved by peaceful
means
Beyond the terrible disaster that struck Indonesia in December 2004, the last
year in the world's fourth most populous country was dominated by an election
marathon: All in all, Indonesians were called to the polls three times, with a
novelty being direct Presidential and Vice-Presidential elections. If this was
already a positive sign concerning the state of democratisation in Indonesia,
there were also some encouraging developments regarding the enhancement of
rechtsstaat, the constitutional state under the rule of law: Here, especially,
the work of the new Constitutional Court needs mentioning, as do the steps
taken towards improved separation of the Executive and the Judiciary.
Nevertheless, the human rights situation in Indonesia is still cause for great
concern, especially with regard to the conflict regions of Aceh and Papua and
the continuing pattern of impunity for serious human rights violations. As the
current Chair of the UN Commission on Human Rights (UNCHR), the Government of
Indonesia (GoI) has a special responsibility this year to come up with decisive
steps to end and prevent human rights violations and to bring perpetrators of
both past and present crimes and injustices to justice. In view of its role,
Indonesia should also be encouraged by Germany and the European Union to ratify
the Covenants on Civil and Political (ICCPR) as well on Economic, Social and
Cultural Rights (ICESCR).
Human Rights Defenders
On September 7th, 2004, the human rights lawyer Munir died on board a plane
from Singapore to Amsterdam. That his death had been caused by arsenic
poisoning only became known when on November 11th, 2004, the results of the
Dutch authorities' autopsy report became public. Munir was probably Indonesia's
best known and most outspoken human rights defender whose work has been
honoured by prestigious Indonesian and international awards. Considering the UN
Declaration on the Right and Responsibility of Individuals, Groups and Organs
of Society to Promote and Protect Universally Recognized Human Rights and
Fundamental Freedoms, the Commission should urge the GoI to ensure a thorough
investigation of Munir's death.
Human rights defenders in Indonesia still live in danger, especially - but not
only - in Aceh and Papua. According to one local human rights organisation, at
least 165 human rights activists have suffered from abuses, which range from
murder, detention, assault, torture and sexual harassment to threats and
intimidation. Numerous Acehnese and Papuan human rights defenders have left the
country. Considering the aforementioned Declaration, the Commission should urge
the GoI to take all necessary steps to ensure the protection of everyone from
threats, retaliation, pressure or any other arbitrary action as a consequence
of his or her work in the field of human rights promotion and protection. The
Commission should furthermore urge the GoI that the Special Representative of
the Secretary General (SG) on Human Rights Defenders who wishes to visit
Indonesia be granted an invitation which includes access to Aceh and Papua.
Impunity
The gross violations of human rights perpetrated in East Timor in 1999 by
pro-Indonesian militias supervised and supported by the Indonesian military
have been on the agenda of the UNCHR more than once. The outcome of the trials
before the Ad Hoc Human Rights Court in Jakarta and after appeal procedures is
a blatant example of the continuation of impunity in Indonesia. For details and
recommendations please refer to the Aide Mémoire: "Prosecuting International
Crimes. The UN should rethink justice initiative and bring impunity in East
Timor to an end".
Impunity is not limited to the violence perpetrated in East Timor. Another
process pending before the Ad Hoc Human Rights Court - which has not received
much international attention so far - is dealing with the massacre committed in
Tanjung Priok in the North of Jakarta in 1984, in which dozens of Muslims were
killed. Expectations as to the outcome of these trials need to be lowered even
further as compared to those of the East Timor cases. Numerous other serious
violations of human rights, from the massacres in the wake of Suharto seizing
power in 1965/66 until the only recently committed terrible crimes in Aceh,
have so far neither been prosecuted nor tried. The Commission should call on
the GoI to initiate steps for a visit of the Special Rapporteur on the
Independence of Judges and Lawyers, this time also to all conflict regions.
Aceh
The situation in Aceh (Nanggroe Aceh Darussalam) had been cause for concern
already long before the province was ravaged by the tsunami disaster. From May
2003 until May 2004, Aceh was under martial law. The following downgrading to
civil emergency did not bring any tangible improvements for the population. The
military operation continued unabated. Almost on a daily basis we received news
of attacks and fighting with up to ten casualties. For most human rights
violations - including extrajudicial killings, disappearances, arbitrary
detention, torture and rape - the Indonesian security forces are made
responsible, but for numerous - especially abduction, forced recruitment and
extortion - also the independence movement GAM. Only few of these reports are
verifiable, as independent observers have been denied access to the province -
a fact that in itself is reason enough to assume the worst. Despite these
restrictions, amnesty international has recently managed to document - an
d partly
also to verify - a larger number of human rights violations (cf. amnesty
international: Indonesia - New military operations, old patterns of human
rights abuses in Aceh (Nanggroe Aceh Darussalam), AI Index: ASA 21/033/2004,
October 7th 2004). But even the official figures provided by the armed forces
can serve as an indicator of the immensity of human rights violations in the
province: Between May 2003 and September 2004, the military claims to have
killed 2,879 alleged GAM members and detained more than 2,000. The military
also acknowled that 662 civilians were killed in that period. Comparing this to
data provided in May 2003 by the military on the strength of GAM, namely 5,251
fighters, would lead to the conclusion that GAM has been defeated. As this is
obviously not the case it must be assumed that the portion of civilian
casualties among the more than 3,500 deaths acknowledged by the security forces
is much higher than the stated 662. Transparency of what happened during
the time
when Aceh was closed off and addressing the human rights violations are
preconditions for any sustainable settlement of the conflict. The UNCHR should
urge the GoI to invite the Special Rapporteurs on Torture, on Violence against
Women, its Causes and Consequences and on Extrajudicial, Summary or Arbitrary
Executions, especially to Aceh.
The province was still sealed off when the tsunami disaster struck. Thus, it
took some days until the immensity of the devastation became known and the
international relief operations got under way. Although foreign troops and aid
workers were eventually allowed access to the province, the state of civil
emergency was not revoked, leaving the Indonesian military in Aceh great leeway
of operation. Both GAM and the Indonesian military declared a ceasefire, which,
however, did not materialize. The operation against GAM continued. The freedom
of movement and operation of relief workers was restricted by mandatory
military escorts for the largest part of Aceh. Relief efforts have been
hampered in several ways by the military abusing its control function in the
relief operation. The UNCHR should urge the GoI to ensure full and unimpeded
access of relief workers to all areas of Aceh. The Commission should
furthermore call on the GoI to ensure that the treatment of IDPs is in full co
mpliance
with the UN Guiding Principles on Internal Displacement and other corresponding
international standards.
The latest development is that the GoI and the rebel movement GAM are meeting
for talks in Helsinki. The UNCHR should support this initiative and encourage
the GoI to carry it through. However, in order to reach a peaceful solution for
the long-lasting conflict, negotiations with the rebel movement can only be a
first step. The conflict resolution process needs to be intimately linked with
the reconstruction process and in both processes the participation of civil
society must be ensured. This would be a means for the Acehnese to pave the way
for a realization of their economic and social rights. Apart from the conflict
resolution process in the political realm, ensuring economic, social and
cultural rights is an essential precondition for a sustainable peace. The
international community should provide political and financial support for such
an integrated conflict resolution process. The UNCHR should urge the GoI to
ensure the halt of the military operation and to bring perp
etrators
of past and present human rights abuses to justice.
Papua
The situation in Papua also remains a cause for concern. Attacks by the
security forces are continuing, with real or alleged independence supporters
being detained, abducted, injured or even killed. According to credible
reports, a military operation is currently being conducted in the region of
Puncak Jaya in the highlands of Papua. The operation has caused thousands of
people to flee their homes. There have been reports of several extrajudicial
killings and arrests of alleged independence fighters. As for a visit to most
regions of Papua a special permit is necessary, and documentation and
verification of events is difficult. Furthermore, violations of the social,
economic and cultural rights of indigenous Papuans continue to take place in a
number ways in the course of the exploitation of Papua's natural resources by
Indonesian and foreign or transnational companies. This receives less attention
than in other parts of Indonesia, as Papuans, not least due to the continued
disadvantaged state of the province, find themselves in a weak position when it
comes to defending their rights.
Apart from the "Abepura case" which is currently being tried before the first
permanent Human Rights Court outside Jakarta, numerous serious cases of past
human rights violations still await prosecution and trial. The UNCHR should
urge the GoI to invite several Special Rapporteurs to Papua, especially those
on Torture, on Extrajudicial, Summary or Arbitrary Executions and on the
Independence of Judges and Lawyers, as well as the Special Representative of
the SG on Human Rights Defenders.
Political developments with regard to the status of the province enhance
grievances of the population and the longing for independence. The President's
visit to Papua and his issuing of a long awaited decree was not enough to
change this overall policy direction. To prevent further escalation of the
conflict the Commission should urge the GoI to take all necessary steps to
solve the problem. A discontinuation of the policies of dividing the province
and the strict implementation of the Special Autonomy Law for the Province of
Papua might be steps towards de-escalation.
The Moluccas and Central Sulawesi
During their tenure as Coordinating Minister for Political Affairs and Security
and Coordinating Minister for Social Affairs and Welfare, both President and
Vice President were instrumental in bringing about the peace accords Malino I
and II, which ended the fighting in Central Sulawesi (Poso) and the Moluccas.
New incidents of violence in Central Sulawesi are, however, cause for concern.
In the region Poso/Palu as well as on the Moluccas, only a very fragile peace
has so far been achieved, which is characterised by a segregation of the
conflicting parties. Countless people still live as refugees in camps or with
friends or family far from home. Although currently no longer subject to
threats on their lives, these people are denied basic human rights such as, for
example, the right to housing. Many of them are dependent on aid.
Human Rights Action Plan
During their last days in office, the Megawati administration released a new
comprehensive Human Rights Action Plan. This five-year Plan includes a schedule
for the preparation of ratification of international human rights instruments.
It furthermore comprises provisions on the harmonisation of domestic
legislation, on human rights education, on the application of human rights
standards and on monitoring, evaluation and reporting. The new Government is
now in charge of implementing this, in parts, ambitious human rights agenda.
Especially in its capacity as Chair of the UNCHR, the GoI should act in an
exemplary manner. Comprehensive implementation of adopted international
standards, especially also those that are already constitutionally or legally
codified, should be part of such a commitment, as should a speedy ratification
of key human rights instruments, especially of the ICCPR, the ICESCR and the
Rome Statute.
On the basis of the situation outlined above, we recommend the following to the
61st UN Commission on Human Rights:
to encourage the GoI to immediately ratify the ICCPR and the ICESCR and to
implement its recently released Human Rights Action Plan;
to urge the GoI to secure the safety of human rights defenders in accordance
with the relevant UN Declaration, especially in Aceh and Papua, to ensure a
thorough investigation of the murder of Munir and to invite the Special
Representative of the SG on Human Rights Defenders to Indonesia with access
especially also to Aceh and Papua;
to call on the GoI to invite the Special Rapporteurs on Torture, on Violence
against Women, its Causes and Consequences, on Extrajudicial, Summary or
Arbitrary Executions and on the Independence of Judges and Lawyers to Indonesia
with access to Aceh and Papua;
to urge the GoI to ensure the cessation of the military operation in Aceh and
to carry through a conflict resolution process with the participation of civil
society until a sustainable peace is reached for the province, to guarantee
full and unimpeded access for relief workers and human rights defenders in the
relief and reconstruction process, to ensure that the treatment of IDPs is in
full compliance with the UN Guiding Principles on Internal Displacement and
other corresponding international standards;
to call on the GoI to halt the military operation in Papua, to bring
perpetrators of past and present human rights violations to justice, to ensure
strict implementation of the Special Autonomy Law and to take all necessary
steps for a peaceful resolution of the conflict;
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.
--
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