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INDONESIA: Attacks on human rights defenders, destruction of property, public use of weapons with impunity

March 16, 2002

URGENT ACTION URGENT ACTION URGENT ACTION URGENT ACTION URGENT ACTION <br>
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ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAM <br>
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16 March 2002 <br>
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UA-11-2002: Munir and Warda attacked by Jakarta militias <br>
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INDONESIA: Attacks on human rights defenders, destruction of property, public use of weapons with impunity <br>
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AHRC has visited the offices of two highly regarded Indonesian human rights defenders targeted by civil militia groups in separate violent attacks occurring on the same day: March 13, 2002. <br>
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The Urban Poor Consortium (UPC), led by Wardah Hafidz was attacked by a group of Betawi people at 10.15am in an attempt to stop them protesting against Governor Sutiyoso’s mishandling of the flood crisis. The group wielded daggers and swords, physically threatened Wardah, and chased the protestors away. Then at 1.30pm, in a separate incident, the office of KontraS (Commission for Missing Persons and Victims of Violence) was virtually demolished by a gang of hundreds of Ambonese people who arrived in a series of buses. Munir, the founder of Kontras, was personally attacked in the bathroom of the office by 5 or 6 people, but managed to escape with minor injuries. The attackers demanded that he call off investigations into the killing of students by the military in 1998 and 1999. Three others suffered injuries in the attack. <br>
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Details of the two attacks are provided below. We are asking you to make a special effort to push for justice in this case. Both UPC and Kontras have vowed to continue their fight for the victims of state violence and corruption in spite of these brazen attacks, but they deserve international support. If two of the most prominent human rights defenders in Indonesia can be attacked with impunity by gangs supported by the government, then there is little hope for democracy and human rights in Indonesia. Enough human rights defenders have been attacked, disappeared, killed and intimidated. Both Munir and Wardah have asserted that international action is vital in this case so that enough pressure can be brought to ensure these rampaging civilian militia groups are shut down. <br>
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ATTACK ON UPC <br>
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The first attack, at 10.15am, was on the urban poor and their advocates calling for the city governor, Sutiyoso, to take responsibility for the floods that devastated their communities. The protest was organised by Wardah Hafidz of the Urban Poor Consortium and took place in front of City Hall on Jl. Medan Merdeka Selatan, Central Jakarta. They were demanding the President, Governor Sutiyoso and the West Java Governor pay Rp 2.7 billion (US$270,000) compensation to the 365,000 people forced to flee to temporary shelter during the floods because of government mismanagement and ineptitude. <br>
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The protestors unfurled a 1km banner with the signatures of victims of the floods, but almost immediately a group of Sutiyoso’s supporters dressed in black and calling itself the Betawi Brotherhood Forum (FBR) arrived on dozens of motorcycles and cars and grabbed the banner. They demanded that the protestors leave, pointed a sword at Wardah and beat up one of the protestors who was trying to protect her. They delivered a statement to Wardah saying the FBR was ready to attack Wardah and the UPC for ‘causing chaos’. <br>
The true agenda of the FBR was farcically highlighted by the events that followed the attack. Wearing black clothes and hats supplied to them by an unknown organiser, Sutiyoso's supporters continued their rally to the nearby City Council building on Jl. Kebon Sirih. City Council chairman Edy Waluyo, who was presiding an internal meeting with council leaders on the building's second floor, was shocked when FBR members knocked on the door. He asked them to leave immediately. Edy finally met supporters in the council's lobby to receive their demands, which included a demand for the administration to provide them with jobs. One of the supporters personally admitted that he was promised Rp 50,000 to join the rally. <br>
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ATTACK ON KONTRAS <br>
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At 1.30pm, as many as 9 buses arrived at the Kontras office filled with between 100 and 300 unidentified Ambonese people. They smashed all of the windows and many of the desks of the office and all but one of their computer terminals, as well as raiding food supplies meant for flood victims and stealing vital documents related to human rights abuses around Indonesia – in particular those related to the killing of Theys Eluay (Papuan independence leader) and the engineering of the communal violence in Maluku and Central Sulawesi. They claimed to be demanding that Kontras investigate the deaths of some Muslim people killed at the same time as numerous students were killed by the military during the Trisakti and Semanggi incidents in 1998 and 1999. But the real agenda was made clear by Munir: “When they were attacking me, I told them that if they felt there was a case of discrimination or human rights violation that they should give me the information and I will take this case up as well. But they said ‘No, we just want you to stop investigating the student deaths.’” Two days previously, Kontras had organised a protest with the relatives of the victims at the house of General Wiranto (who is suspected to have organised the killing of the students at Trisakti and Semanggi), calling for him to cooperate with an inquiry into the incident. Then the day before the attack on the office, three Ambonese people came to the Kontras office and demanded that they stop this action against Wiranto, which Kontras refused to do. This ended in a scuffle and a threat that they would destroy the office and beat up the staff. It was not an unusual threat for the Kontras staff, but unfortunately this one was acted upon. <br>
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Seven of the hundreds of attackers were arrested, but given the track record of police in bringing these groups to justice, it is considered highly likely charges against them will be dropped. <br>
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BACKGROUND <br>
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By now it should be clear to all observers that the armed forces and the old guard of the New Order are using civilian militia gangs to prevent any moves towards bringing perpetrators of human rights to justice or calling state officials to account. This is the same strategy previously used in East Timor. Though it cost many lives and massive destruction, this strategy ultimately failed because the East Timorese won their right to self-determination, and now international pressure is seeing the first perpetrators of this violence brought to trial in Jakarta. But what about the human rights defenders who have to suffer the threats, destruction and beatings of ethnic or religious militia groups who enjoy the support of the armed forces? It is highly likely, for instance, that the group of Ambonese who attacked Kontras are the same as those known as ‘Pamswakarsa’ - a group involved in sparking off the mass burnings, rapes and killings in Greater Jakarta in May 1998. They may also have been involved in engineering the inter-religious violence that has cost 6,000 lives in Maluku. <br>
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Of course we know that the military and the elite of the Suharto era are behind these civilian militia and that many of them are driven into this action by unemployment or poverty. But there is no chance for democracy or human rights while there is complete impunity for the violence of groups like Pamswakarsa, Laskar Jihad, Laskar Kristus, Eurico Gutteres’ militia groups (which are still operating despite his direct involvement in the pre- and post-referendum massacres), the Anti-Communist Alliance, the FBR, Golkar’s Pemuda Pancasila, Front Pembila Islam and countless other formal and informal groups whose members are often referred to as ‘preman’. <br>
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SUGGESTED ACTION <br>
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We urge the entire international community to send one letter to the following officials: President Megawati Sukarnoputri, Jakarta Governor Sutiyoso, Minister for Justice and Human Rights, Chief of Police and the Attorney General, with copies to Komnas HAM and the UN Special Representative for Human Rights Defenders to demand legal action against the criminals who have attacked these human rights defenders, and to further investigate into who is behind the attacks and bring these persons to justice. You may use the following demands in your letter - they include demands being made by UPC and Kontras that angered the elite enough to organise the terror attacks. <br>
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DEMANDS <br>
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1. Arrest, charge and bring to court the perpetrators of the attacks; <br>
2. Launch an independent inquiry into the funders and organisers of the attacks; <br>
3. Recover the stolen files and file suit to award damages compensation to the human rights defenders; <br>
4. Bring General Wiranto to the human rights inquiry into allegations of his involvement in the Trisakti and Semanggi incidents; <br>
5. Launch an independent inquiry into the mishandling of the floods by Governor Sutiyoso and allegations of corruption in the distribution of government emergency relief funds; <br>
6. Guarantee that urban poor will not be victimised by non-consultative and violent evictions in the name of flood prevention; <br>
7. Initiate a special police unit to investigate and gather evidence on the illegal activities of civilian militia groups in Indonesia; and <br>
8. Invite the UN Special Representative for Human Rights Defenders, Ms. Hina Jilani, to visit and advise on strategies for protecting human rights defenders in future <br>
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SEND LETTERS TO: <br>
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Governor Sutiyoso <br>
Gedung Balaikota, <br>
21st Floor, Jl. Medan Merdeka <br>
Selatan No. 8-9, Jakarta 10110 <br>
INDONESIA <br>
PH: (62-21) 344-7005 or 345-6058 <br>
FAX: (62-21) 384-8653 <br>
SALUTATION: Dear Governor Sutiyoso <br>
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Mrs. Megawati Sukarnoputri <br>
President, Republic of Indonesia <br>
Presidential Palace, Jakarta <br>
Istana Negara, Indonesia. <br>
Fax: (62 21) 345 7782 <br>
SALUTATION: Your Excellency <br>
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Marsillam Simandjuntak, SH <br>
Attorney General of Indonesia <br>
Attorney General's Office <br>
Jakarta, INDONESIA <br>
FAX: (62 21) 720 8557 <br>
SALUTATION: Dear Attorney General <br>
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Mr. Ihza Mahendra YUSRIL <br>
Minister of Justice and Human Rights <br>
Uahi Utoyo Usman S.H., Menteri Kehkiman, <br>
JI. H.R. Rosuna Said Kav. 6-7, <br>
Kuningan, Jakarta Selatan, Indonesia <br>
Fax: 62-21- 525 3095 <br>
SALUTATION: Dear Minister <br>
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Gen. Surojo Bimantoro <br>
National Chief of Police <br>
Jl. Trunojoyo <br>
No. 3 Kebayoran Baru <br>
Jakart Selatan <br>
Indonesia <br>
Tel: +(6221) 721 8001 <br>
Fax: +(6221) 720 7277 <br>
SALUTATION: Dear Gen. Bimantoro <br>
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SEND COPIES OF THE LETTER TO <br>
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Mr. Asmara Nababan <br>
Secretary General <br>
Komnas HAM (National Commission for Human Rights) <br>
Jl. Latuharhary No. 4B Menteng <br>
Jakarta Pusat INDONESIA <br>
FAX: (62 21) 392 5227 <br>
EMAIL: info@komnas.go.id <br>
SALUTATION: Dear Mr. Nababan <br>
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Ms. Hina Jilani <br>
Special Representative of the Secretary-General on the situation of human rights defenders <br>
c/o OHCHR-UNOG, 1211 Geneva 10, Switzerland <br>
Fax: (41 22) 917 9006 <br>
webadmin.hchr@unog.ch <br>
PLEASE MARK: ATT - SPECIAL RAPPORTEUR HINA JILANI <br>

Document Type :
Urgent Appeal Case
Document ID :
UA-11-2002
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Extended Introduction: Urgent Appeals, theory and practice

A need for dialogue

Many people across Asia are frustrated by the widespread lack of respect for human rights in their countries.  Some may be unhappy about the limitations on the freedom of expression or restrictions on privacy, while some are affected by police brutality and military killings.  Many others are frustrated with the absence of rights on labour issues, the environment, gender and the like. 

Yet the expression of this frustration tends to stay firmly in the private sphere.  People complain among friends and family and within their social circles, but often on a low profile basis. This kind of public discourse is not usually an effective measure of the situation in a country because it is so hard to monitor. 

Though the media may cover the issues in a broad manner they rarely broadcast the private fears and anxieties of the average person.  And along with censorship – a common blight in Asia – there is also often a conscious attempt in the media to reflect a positive or at least sober mood at home, where expressions of domestic malcontent are discouraged as unfashionably unpatriotic. Talking about issues like torture is rarely encouraged in the public realm.

There may also be unwritten, possibly unconscious social taboos that stop the public reflection of private grievances.  Where authoritarian control is tight, sophisticated strategies are put into play by equally sophisticated media practices to keep complaints out of the public space, sometimes very subtly.  In other places an inner consensus is influenced by the privileged section of a society, which can control social expression of those less fortunate.  Moral and ethical qualms can also be an obstacle.

In this way, causes for complaint go unaddressed, un-discussed and unresolved and oppression in its many forms, self perpetuates.  For any action to arise out of private frustration, people need ways to get these issues into the public sphere.

Changing society

In the past bridging this gap was a formidable task; it relied on channels of public expression that required money and were therefore controlled by investors.  Printing presses were expensive, which blocked the gate to expression to anyone without money.  Except in times of revolution the media in Asia has tended to serve the well-off and sideline or misrepresent the poor.

Still, thanks to the IT revolution it is now possible to communicate with large audiences at little cost.  In this situation there is a real avenue for taking issues from private to public, regardless of the class or caste of the individual.

Practical action

The AHRC Urgent Appeals system was created to give a voice to those affected by human rights violations, and by doing so, to create a network of support and open avenues for action.  If X’s freedom of expression is denied, if Y is tortured by someone in power or if Z finds his or her labour rights abused, the incident can be swiftly and effectively broadcast and dealt with. The resulting solidarity can lead to action, resolution and change. And as more people understand their rights and follow suit, as the human rights consciousness grows, change happens faster. The Internet has become one of the human rights community’s most powerful tools.   

At the core of the Urgent Appeals Program is the recording of human rights violations at a grass roots level with objectivity, sympathy and competence. Our information is firstly gathered on the ground, close to the victim of the violation, and is then broadcast by a team of advocates, who can apply decades of experience in the field and a working knowledge of the international human rights arena. The flow of information – due to domestic restrictions – often goes from the source and out to the international community via our program, which then builds a pressure for action that steadily makes its way back to the source through his or her own government.   However these cases in bulk create a narrative – and this is most important aspect of our program. As noted by Sri Lankan human rights lawyer and director of the Asian Human Rights Commission, Basil Fernando:

"The urgent appeal introduces narrative as the driving force for social change. This idea was well expressed in the film Amistad, regarding the issue of slavery. The old man in the film, former president and lawyer, states that to resolve this historical problem it is very essential to know the narrative of the people. It was on this basis that a court case is conducted later. The AHRC establishes the narrative of human rights violations through the urgent appeals. If the narrative is right, the organisation will be doing all right."

Patterns start to emerge as violations are documented across the continent, allowing us to take a more authoritative, systemic response, and to pinpoint the systems within each country that are breaking down. This way we are able to discover and explain why and how violations take place, and how they can most effectively be addressed. On this path, larger audiences have opened up to us and become involved: international NGOs and think tanks, national human rights commissions and United Nations bodies.  The program and its coordinators have become a well-used tool for the international media and for human rights education programs. All this helps pave the way for radical reforms to improve, protect and to promote human rights in the region.