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EARLY WARNING (INDONESIA): Indonesian government moves to declare a military emergency in Aceh

July 10, 2002

URGENT ACTION URGENT ACTION URGENT ACTION URGENT ACTION URGENT ACTION
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ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAM
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11 July 2002
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UA-28-2002: Indonesian government moves to declare a military emergency in Aceh
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EARLY WARNING (INDONESIA): No more bloodshed in Aceh
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The Asian Human Rights Commission (AHRC) is deeply concerned that the central government of Indonesia is considering the declaration of a military emergency in Aceh. Indonesia¡¯s chief security minister recently asked Parliament to support this declaration in Aceh.
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We believe this decision will only worsen the situation, not solve the many problems of Aceh. The declaration of a military emergency would allow troops to search homes and detain suspects without any limits placed on their power. Therefore, we fear that even more serious human rights violations against innocent civilians will take place as a result. We have been informed of numerous cases in which both Indonesian soldiers and members of the Free Aceh Movement (GAM) have burned homes and have arbitrarily arrested, tortured and killed innocent civilians.
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We strongly urge the Indonesian government to abandon its intention to declare a state of emergency in Aceh and to respect the peace agreements signed in Geneva and to continue the peace process. There should be no more bloodshed in Aceh!
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BACKGROUND
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Acehnese guerrillas have been fighting Indonesian rule since the mid-1970s. One of their main complaints has been unfair taxation and representation, as well as the corruption and brutality of the security forces that have long occupied the province. Aceh has the size, wealth and natural resources to put it high in the ranks of Southeast Asian states.
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It also has a population of 4.3 million people - 67 per cent of whom are farmers - being watched by around 60,000 Indonesian troops. The Acehnese have a long history of resistance, starting with the war against Dutch colonists, which lasted almost 70 years from 1873 and was the most expensive war, in terms of life and money, ever fought by the Dutch. More than 10,000 Dutch people died. After Indonesia declared its independence in 1945 the Aceh province joined the new nation and contributed to building the new country. But within a decade protests against regional profits being siphoned off to central government were increasing. In 1976 the nascent liberation movement declared independence for Aceh.
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In came the Indonesian military. In 1989 repression began in earnest, with the Government declaring Aceh a military operation zone (DOM). The fall of President Suharto in 1998 after 31 years as president created an opportunity for the new government to rethink Aceh. President Habibie - a Suharto appointee and longtime crony - revoked the DOM status, visited the region and offered to investigate abuses. But nothing changed, and despite the recent revolving door of Indonesian administrations, the military still represses and murders, often out of Jakarta's control. In November 1999 around 2 million people, almost half the Aceh population, gathered in the capital of Banda Aceh to support a referendum on independence.
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In May 2000, the Indonesian Government and members of GAM (Gerakan Aceh, or Free Aceh Movement) agreed to a &quot;humanitarian pause&quot; in the fighting. While the Government acknowledged for the first time the Achenese desire for self- government, President Wahid noted darkly that Jakarta signed the agreement to end armed conflicts, so it should not be read as recognition of GAM. And so the killings go on.
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(Provided by the New Zealand Herald)
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The conflict between the central government of Indonesia and independence groups in Aceh has resulted in the death of more than 10,000 people. Of this total, 2,000 people have died in the past year with more than 500 people already killed in the conflict this year.
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The two sides have held a series of peace talks, but no progress has been made. Similarly, various cease-fires have been reached, but they have never held.
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The following is the joint statement signed by both sides in Geneva on May 10, 2002.
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On May 10, 2002, both sides issued the statement below in Geneva.
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By the Government of the Republic of Indonesia and the Free Aceh Movement
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Recognising that progress has been made in previous understandings, but also recognising the difficulties in implementing these understandings, the parties have agreed to the Points for Further Consultations set out in their 2-3 February 2002 meeting and further agree:
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- on the basis of the acceptance of the NAD [Nanggroe Aceh Darrussalam] Law as a starting point, as discussed on 2-3 February 2002, to a democratic, all-inclusive dialogue involving all elements of Acehenese society that will be facilitated by HDC in Aceh. This progress will seek to review elements of the NAD Law through the statement of the views of the Acehenese people in a free and safe manner. This will lead to the election of a democratic government in Aceh, Indonesia.
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- to enable this process to take [effect], both parties agree to work with all speed on an agreement on cessation of hostilities with an adequate mechanism for accountability of the parties to such an agreement. This will also provide the opportunity and environment for much needed socio-economic and humanitarian assistance to the people of Aceh.
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Both parties agree to a process of periodic review of the implementation of these understandings.
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Done in Switzerland on 10 May 2002
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For the Government for the Leadership of the Republic of Indonesia and for the Free Aceh Movement
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Signed: Amb. Mr. S. Wiryono / Signed: Dr. Zaini Abdullah
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TWO APPEALS FROM THE INTERNATIONAL FORUM FOR ACEH (IFA) AND FORUM-ASIA
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(You can use these appeals as a sample letter but do not send a copy to these organisations or AHRC.)
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New York, July 9, 2002
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Honourable Ibu Megawati Sukarnoputri
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President of the Republic of Indonesia
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Jakarta
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Subject: Military Operation Not Going to Solve Problem in Aceh
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Honourable Madam President,
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We are writing this letter to you to express our deep concern about the possibility of your government deciding to step up military action in Aceh. The implementation of a state of military emergency will not solve the problem in Aceh but will instead disrupt the peace process and further alienate many ordinary Acehenese.
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The people of Aceh have not forgotten the experience of military rule from 1989 to 1999 during which time more than 10,000 civilians were killed. The latest reports by reputable international agencies, such as the Office for the Coordination of Humanitarian Affairs (OCHA) of the United Nations, and major Western news agencies have put the death toll at more than 500 since the beginning of this year. Any move, therefore, to declare a state of emergency would be extremely inappropriate and detrimental to the process of democratisation.
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The International Forum for Aceh (IFA) opposes the proposed declaration of the state of military emergency for Aceh. We support the dialogue and peace process as the only proper way to solve the conflict in Aceh. We understand that Indonesian government and GAM negotiators have met several times in Geneva and have, in fact, signed several agreements to end the bloodletting in Aceh. Violence, however, has not only continued but has increased. We encourage both parties to respect the peace agreements already signed in Geneva. Your government, Madam President, must be serious, sincere and have good will in finding a peaceful and just solution to the conflict in Aceh. The dialogue process as both a confidence-building measure and a vehicle for a possible solution to the problems in Aceh must be pursued.
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As a human rights organisation, the International Forum for Aceh has received numerous reports regarding the deteriorating situation over the last few months. Therefore, for the sake of humanity and the continuation of support of the peace process from the international community, we urgently request your consideration of the following demands:
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1. withdraw troops from Aceh who are from other provinces and stop attempting to solve the conflict by military means;
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2. engage seriously and sincerely in dialogue with GAM and include in such dialogue representatives from Acehenese civil society;
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3. allow the presence of international observers and representatives of U.N. humanitarian agencies in Aceh;
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4. establish a credible legal and independent inquiry team of human rights experts to investigate the involvement of state institutions in the violation of human rights in Aceh;
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5. provide protection immediately to assure the security of Acehenese leaders, human rights defenders, humanitarian workers, civil society activists, student activists and journalists in accordance with the law, for it has become increasingly evident that these activists have suffered harassment, intimidation and arbitrary arrest at the hands of the security forces;
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6. bring all of those responsible for human rights violations to trial.
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Thank you for your kind consideration of our request, Madam President.
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Respectfully yours,
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Suraiya IT
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Chairperson, International Forum for Aceh (IFA
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President Megawati Sukarnoputri
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Presidential Palace, Jakarta
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Istana Negara, Indonesia
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July 8, 2002
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Ref: Aceh: State of Emergency
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Your Excellency,
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The Asian Forum for Human Rights and Development (Forum-Asia) is deeply concerned over the Indonesian government's recent move to declare a state of emergency in Aceh if approved by Parliament. Forum-Asia has been closely monitoring human rights violations in Aceh for many years and is strongly opposed to such a plan.
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Forum-Asia believes that declaring a state of emergency will not solve any problem in Aceh. Instead, such a decision will only worsen the deplorable situation in Aceh, triggering more human rights violations to innocent civilians while at the same time discrediting Indonesia's image with the international community. Forum-Asia strongly supports the idea for peace talks. However, we strongly advocate for the active involvement of civil society in a transparent peace-talk process.
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To improve the lives of people inside Aceh, military operations by both sides must stop at once to allow humanitarian assistance to be delivered to Aceh to relieve the chronic situation of its internally displaced people (IDPs) and innocent civilians. Only in this way will the confidence of the Acehenese people be restored.
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We sincerely hope that the Indonesian government will take our concerns seriously into consideration by abandoning its move to declare a state of emergency in Aceh. We urge the Indonesian government and GAM to declare a cease-fire at once to allow humanitarian aid to reach the people of Aceh and to rekindle the peace-talk process.
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Yours sincerely,
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Somchai Homlaor
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Secretary-General
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ACTION REQUESTED
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Please send your letter to Indonesia's president, Megawati Sukarnoputri, and the chairperson of Parliament, H. Akbar Tandjung, to urge them to abandon the move to declare a military emergency in Aceh and instead to continue to have dialogue and to support the peace process.
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SEND LETTERS TO:
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1. Mrs. Megawati Sukarnoputri
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President, Republic of Indonesia
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Presidential Palace, Jakarta
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Istana Negara,
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INDONESIA
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Fax: +62 21 345-7782
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2. Ir. H. Akbar Tandjung
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Chairperson of Parliament
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Jl. Jendral Gatot, Soebroto No. 6,
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Senayan, Jakarta 10270
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INDONESIA
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Tel: +62 21 572-5965/571-5644/571-5268
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And send copies of the letter to:
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1. Mr. Kofi Annan
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Secretary-General
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United Nations Room S-3800
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New York NY 10017
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U.S.A.
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Fax: +1 212 963 4879/2155
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E-mail: ecu@un.org
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2. Mrs. Mary Robinson
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High Commissioner for Human Rights.
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OHCHR-UNOG
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8-14 Avenue de la Paix
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1211 Geneva 10,
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Switzerland
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Fax: +41 22 917 9012
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E-mail: webadmin.hchr@unog.ch
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[PLEASE MARK: ATTENTION - HIGH COMMISSIONER MARY ROBINSON]
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3. Mr. Asmara Nababan
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Secretary General
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Komnas HAM (National Commission for Human Rights)
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Jl. Latuharhary No. 4B Menteng
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Jakarta Pusat INDONESIA
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FAX: (62 21) 392 5227
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EMAIL: info@komnas.go.id
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Document Type :
Urgent Appeal Case
Document ID :
UA-28-2002
Countries :
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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.