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| Human Rights |
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Overview
The Megawati government faces many obstacles to the protection of human rights in Indonesia. Among those are a still high level of corruption, a weak legal system and the absence of an effective and independent judiciary. Moreover, ongoing economic problems, regional, ethnic, and religious conflicts, as well as tension between the military and civilian authority structure, are further sources of instability and violence in the country.
Some argue that the military is one of the most serious violators of human rights in Indonesia. The 275,000 member armed force, Tentara Nasional Indonesia (TNI), has historically wielded considerable political influence in the country and has played a large role in internal security, often using excessive force to control instability. Although the government has made efforts to place the military under civilian control, it continues to be a major actor, particularly in conflict regions.
The most serious abuses of human rights have occurred in three regions currently embroiled in conflict: Aceh, Papua, and Maluku. The rise of tension in these regions has caused violent clashes between the military, separatist forces, religious communities and civilians. Torture and assassinations of human rights activists and other civilians have also occurred. The government continues to hold political activists and innocent civilians as political prisoners for pro-independence activities.
Abuse of internally displaced persons (IDPs) has also been prevalent in many regions of Indonesia, including against East Timorese refugees in West Timor.
Aceh
Violence and human rights abuses continue in Aceh. Over the past 26 years of separatist fighting, 6,000 people have been killed. In 2001, over 1300 people were killed, more than double the number killed the previous year. According to human rights groups, many violations in Aceh can be attributed to government security forces, which used excessive force to quell separatist movements. In many cases, civilians have been killed in operations meant to disarm the rebel groups. The Megawati government has failed to enforce accountability for the actions of security forces. The pro-independence armed rebel group, Free Aceh Movement (Gerakan Aceh Merdeka, GAM) has also been responsible for serious human rights abuses, including hostage taking, arbitrary killings and torture.
For more information on Aceh, please see the Sumatra brief in the Regions section.
Indonesia: Accountability for Human Rights Violations in Aceh
(Human Rights Watch, March 2002)
Can Things Ever Get Better in Aceh?
(Tapol, Feb 2002)
http://tapol.gn.apc.org/164-5naceh.htm
Papua
Beginning in 1999, conflict broke out between Christians and Muslims in Ambon, quickly spreading to the surrounding islands. The Malino Peace negotiations held in February 2002, brought together over 100 local and provincial government officials, district heads and village chiefs and was hailed as a breakthrough in Muslim-Christian relations. The 11-point Malino Accord included a plan for disarmament, an assessment of the refugee situation, and a survey of the facilities and infrastructure destroyed by the conflict. The efforts towards a peace agreement meant that the death toll in 2001 was the lowest since the conflict began. However, extremist groups on both sides of the conflict, including Laskar Jihad, are still responsible for ongoing incidents.
For more information on the conflict in the Moluccas, please see the Maluku brief in the Regions section.
Armed Conflict Report 2001: Moluccas (Project Ploughshares, Jan 2002)
Moluccas
West Papua/Irian Jaya has experienced limited, although severe, outbursts of violence between Papuan separatists and the Indonesian military since the annexation of the region to Indonesia in 1963. On January 1, 2002, the special autonomy bill for West Papua came into effect. In addition to formally changing the name from Irian Jaya to Papua, the bill gives the region a much higher degree of control over domestic affairs and revenues from local resources. However, the Papuan Presidium Congress (PPC) has rejected the bill, as it did not take into the account the input of Papuan representatives. The bill also does not address the government's past human rights abuses in West Papua. The mystery surrounding the death of PPC leader Theys Hiyo Eluay, and the government's refusal to be forthcoming with information regarding the murder continues to strain relations between the Megawati administration and Papuan leaders. The Attorney General's Office is also in the process of investigating the death of two pro-independence students and two policemen in December 2000, known as the Abepura incident.
For further information, please see the Papua brief in the Regions section.
The Abduction And Assassination Of Theys Hiyo Eluay Was Premeditated And Politically Motivated (TAPOL, December 2001)
Legislation
Although the Anti-Subversion Law was abolished during the Wahid administration, key provisions were incorporated into new regulations in the Criminal Code under Articles 154, 155 and 160, which are still in effect. Dubbed the "Hate-sowing Articles" (Haatzaai Artikelen), they forbid the spreading of hostility, hatred or contempt towards the government or "inciting" others to disobey the government. Violations of the articles carry prison sentences of between four and a half and seven years. Activists in both Aceh and Papua have been detained under this legislation.
Under the Megawati administration, the establishment of ad hoc human rights tribunals has been the only notable change in human rights legislation. The tribunals have been set up to investigate violations in East Timor. Nineteen soldiers, East Timorese militiamen, and civilian politicians will be tried for various serious crimes committed in the run-up to and immediately after the independence referendum in East Timor in 1999. Senior commanders and military officials have attended the trial in solidarity with the accused. The government has been accused of obstructing the progress of the trial and critics have said that the charges against the most senior suspects are so broadly drawn as to be very hard to substantiate.
Other than her reluctant cooperation with the ad hoc tribunal on human rights violations committed in East Timor, Megawati has largely stalled on legislative issues related to human rights. She was criticized for her choice of attorney general, M.A. Rahman, a career prosecutor known for obstructing human rights cases, particularly with regard to East Timor. Megawati has also been criticized by human rights groups for appearing to favor national security and territorial integrity over human rights, which, it is feared, could lead to human rights abuses by the military.
International Community
Members of the international community applauded the establishment of an ad hoc tribunal for human rights violations in East Timor and hope that the trial will have more than symbolic value. The hesitancy on the part of the Megawati administration, along with the show of solidarity for the accused from all ranks of the military, has caused many to be skeptical about the outcome of the tribunal.
The E.U. continued to actively strengthen relations with Indonesia and maintained its commitment to raising questions about accountability of human rights abuses, the continued role of the armed forces in government, and the ongoing conflicts in the Moluccas, Aceh, and Papua in discussions of foreign policy.
Consistent with the focus of US foreign policy, the Bush administration used Megawati Sukarnoputri's visit in September 2001 to secure Indonesia's cooperation in opposing global terrorism. Issues of human rights were not placed at the forefront. During her visit, the administration announced its earlier decision to expand contacts with the TNI (Indonesian military), lifting some of the sanctions that had been in place since the East Timor violence in 1999, including a ban on non-lethal commercial arms sales.
The Megawati administration has allowed the military and political elites to determine security policy in Aceh and other conflict regions, under the argument of territorial security. Several international leaders, including Prime Minister Tony Blair and President Bush have shown support for Megawati's goals and the importance of a unified Indonesia state.
Many members of the international community have consistently voiced concerns over security policy and human rights violations. For instance, in a report issued during the annual United Nations Commission on Human Rights, Amnesty International urged the Commission to condemn abuses by Indonesia's security forces in Papua, Aceh and elsewhere in the world's largest Muslim country and was particularly emphatic about the murder of Papuan leader Theys Hiyo Eluay.
For further information, please see the following resources:
Country Report on Human Rights Practices: Indonesia
(US State Department, March 2002)
Human Rights Watch World Report: Indonesia
(HRW, Jan 2002)
Civilian Rule, Military Power
(Tapol, December 2001)
Updated April 2002
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