Subject: Impunity Is Alive And Well In Indonesia [by UNA-USA Advocacy Chair Rita Maran]

also: Dispatches From the Edge: Indonesia and the U.S. -- A Shameful Record

Berkeley Daily Planet August 7, 2007

Letter to the Editor:

Impunity Is, Alas, Alive And Well In Indonesia

Thanks to Conn Hallinan for his substantive piece on "Indonesia and the U.S. ­ A Shameful Record." (see below) Virtually all Indonesian presidents' records ­ certainly since 1965 ­ show their office run with highest priority for their own and their cronies' personal wealth and power. They seem to have lacked regard for the ordinary Indonesian's life of abysmal poverty, among a longer list of human rights violations. (The exception was President Abdurraham Wahid (known as Gus Dur), who was president of the nation in 2000 and known internationally for being the first head of a United Nations member state to create the cabinet position of Minister of Human Rights.)

The extremes of violations by the Indonesian government can perhaps be better understood through the example of one outstanding Indonesian individual. In 2004, a young-ish human rights lawyer, Munir Said Thalib, who was already a national hero because of his brilliance and courage in leading the intense struggle for human rights, was murdered in cold blood. He was esteemed and respected by Indonesians of all castes and backgrounds, from the poor and undereducated to the intellectuals and students such as those at the University of Indonesia (known as U.I.). Munir guest-lectured in my human rights course at U.I. in 2000. and held the students rapt as he gave his analysis of the applicability of international human rights law to all, a notion that was hard for privileged young Asians to grasp. Also in 2000, Munir received the Right Livelihood Award "for his courage and dedication in fighting for human rights and the civilian control of the military in Indonesia."

Munir was on a flight to the Netherlands in 2004, to take up an appointment as visiting scholar at Amsterdam University. He was poisoned and died on the flight. An off-duty pilot for Indonesia's national carrier Garuda was eventually found guilty of poisoning Munir during the flight, but the pilot's conviction was overturned by the Indonesian Supreme Court last year.

The US State Department, involved in negotiations to re-open military assistance to Indonesia, issued a statement following the conviction of the pilot: "We encourage Indonesia's pursuit of justice for the murder of Munir, and we are heartened by the court's call for further investigation into this crime…We encourage Indonesia to release publicly the Fact-Finding Team's report and to take appropriate law enforcement measures against any persons implicated in the crime."

Senator Patrick Leahy brought this egregious miscarriage of justice to the floor of the Senate in October 2006: "If the Indonesia Government aspires to be seen as one that respects human rights and the rule of law, which is fundamental to any democracy, it is essential that whoever was responsible for ordering and carrying out this heinous crime be identified and brought to justice."

However, impunity for wrongdoers ­ the very issue that so engaged Munir during his short lifespan ­ continues to prevail. In this case, impunity granted the convicted murderer is - or should be - enough to cause US military support to be completely withdrawn, as required under US law. Unfortunately, once again, justice languishes when forced to compete with US maintenance of good relations with a strategically-placed Pacific partner.

Meanwhile, despite continuing death threats, Munir's widow Suciwati continues the efforts in Asia and Europe to have the truth of the murder publicly disclosed and the murderer brought to justice.

US government officials negotiating military assistance to Indonesia would undoubtedly rather not think about such things.

Respectfully submitted,

Rita Maran, Ph.D., Lecturer in Human Rights; UNA-USA Advocacy Chair

1326 Shattuck Avenue Berkeley CA 94709-1483 510-540-8017

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The Berkeley Daily Planet (Berkeley, CA, USA) August 3, 2007

Dispatches From the Edge: Indonesia and the U.S. — A Shameful Record

By Conn Hallinan

This is a tale about politics, influence, money and murder. It began more than 40 years ago with a bloodletting so massive no one quite knows how many people died. Half a million? A million? Through four decades the story has left a trail of misery and terror. Last month it claimed four peasants, one of them a 27-year old mother. It is the history of the relationship between the United States and the Indonesian military, and unless Congress puts the brakes on the Bush Administration’s plans to increase aid and training for that army, it is likely to claim innumerable victims in the future.

Speaking alongside Indonesia’s Defense Minister Juwono Sudarsone in Singapore last month, U.S. Defense Secretary Robert Gates said the White House intends “to deepen the strategic partnership between Indonesia and the USA.”

Given what that partnership has led to over the past four decades, it a profoundly disturbing statement.

The Washington-Jakarta narrative begins in 1965 with the Tentara Nasional Indonesia’s (TNI)—the Indonesian Army— massacre of Indonesian leftists, a bloodletting in which the U.S. was a partner. How many died is unclear, certainly 500,000, and maybe up to a million or more. According to the U.S. National Security Archives published by George Washington University, the U.S. not only encouraged the annihilation of Indonesia’s left, it actually fingered individuals to the military death squads.

When Suharto, the dictator who took over after the 1965 massacres, decided to invade the former Portuguese colony of East Timor in 1975, the Ford Administration gave him a green light. Out of a population of 600,000 to 700,000, the invasion killed between 83,000 and 182,000, according to the Commission of Reception, Truth and Reconciliation.

“As a permanent member of the Security Council and superpower,” the Commission found, “the U.S… consented to the invasion and allowed Indonesia to use its military equipment in the knowledge that this violated U.S. law and would be used to suppress the right of self-determination.”

The U.S. was not alone in abetting the invasion. Australian Prime Minister Gough Whitlam “encouraged” the invasion, according to the Jakarta Post, and Japan, Indonesia’s leading source of aid and trade, stayed on the sidelines. France and Britain increased trade and aid in the invasion’s aftermath, and in an effort to protect Indonesia’s Catholics, the Vatican remained silent.

It was not the first time the U.S. and its allies had rolled for Jakarta. When the Suharto dictatorship short-circuited a 1969 United Nations plebiscite on the future of West Papua, no one raised a protest.

Through six presidents—Johnson, Nixon, Ford, Carter, Bush and Clinton—the TNI had carte blanche to brutally suppress autonomy movements in Aech, Papua, and East Timor, murder human rights activists, and—according to the U.S. Department of Defense, the Justice Department and the State Department—engage in violence and oppression against women, threats to civil liberties, child exploitation, religious persecution, and judicial and prison abuse.

After more than 30 years of either encouraging or turning a blind eye to the savagery of the TNI, the Clinton Administration and the UN finally intervened to stop the rampage unleashed on the Timorese when they had the effrontery to vote for independence in 1999. However, before the force of mostly Australian troops could land, TNI-sponsored and led militias killed some 1500 people, destroyed 70 percent of East Timor’s infrastructure, and deported 250,000 Timorese to Indonesian West Timor.

Indonesia has refused to hand over any of the TNI officers currently charged for crimes against humanity for leading the 1999 pogrom or taking part in the brutal suppression of East Timor from 1975 to 1999. Indeed, many have been reassigned to places like West Papua, where Indonesia is attempting to crush a low-level independence insurgency.

Col. Burhanuddin Siagian, indicted for crimes against humanity for his actions in East Timor, was recently appointed a sub-regional military commander in Papua.

“It is shocking that a government supposedly committed to military reform and fighting impunity would appoint an indicted officer to a sensitive senior post in Papua,” Paula Makabory, spokesperson for the Institute for Human Rights Study & Advocacy—West Papua told the Australian Broadcasting Company. A coaltion of human rights organizations is demanding that Indonesian President Susilo Yudhoyono withdraw the appointment and suspend Siagian from duty.

Several other commanders, all under indictment for human rights crimes, have also been appointed to military posts in Papua and the province of Aech.

And how does the TNI continue to get away with this?

Starting in 2001, Indonesia began a multi-million dollar lobbying campaign— abetted by the White House—to lift the ban on military aid to Indonesia. A leading force in that campaign is Paul Wolfowitz, disgraced former head of the World Bank and ambassador to Indonesia from 1986 to 1989.

The lobbying worked and sanctions were gradually relaxed. Military aid more than doubled from 2001 to 2004. In 2005, Secretary of State Condoleezza Rice said, “A reformed and effective Indonesian military is in the interest of everyone in the region,” and lifted the last restrictions on military aid.

Part of the “reforms” Rice referred to require the TNI to divest itself of its vast economic network, which, according to the International Relations Center, accounts for 70 to 75 percent of the military’s funding. The TNI runs corporations, mining operations, and cooperatives.

A 2004 law requires the TNI to divest itself of its holdings by 2009, but a loophole allows the military to keep “foundations” and “cooperatives.” According to Defense Minister Sudarsone, 1494 out of the TNI’s 1500 businesses are “foundations’ or “cooperatives.”

“The core problem for addressing impunity [of TNI commanders] is that civilian government has no control over the military while they do not control their finances,” Human Rights Watch Chair Charmin Mohamed told Radio Australia, “and on this key issue Yudhoyono has clearly failed.”

While the military continues to resist efforts to reform, there is growing anger at the TNI’s penchant for violence.

In late May, Indonesian Marines opened fire on East Java demonstrators protesting the TNI’s claim to land the protestors say was taken illegally. Four people were killed and several others wounded, including a four-year old child whose mother was among the dead.

The shootings have angered some important political figures. Djoko Suslio, who sits on the powerful Defense Committee, accused the military of using “weapons, brought with money from the state budget to kill their own brothers,” and the important Islamic Crescent Star Party denounced the killings. Abdurraham Wahid, a former president and the leader of the National Awakening Party, says his organization intends to file civil suits against the Navy. The Missing Person and Victims of Violence organization is petitioning the government to move the case from military to civilian courts.

The TNI’s track record has also angered some in the U.S. Congress. Representative Nita Lowey (D-NY) and Chris Smith (R-NJ) are currently leading a campaign to cut the Bush Administration’s proposed aid package because of Jakarta’s failure to prosecute human rights violations. Arrayed against that is the Bush Administration’s campaign to surround China with U.S. allies and more than 40 years of cooperation or acquiescence to the brutality of the Indonesian military.

For further information, go to the East Timor and Indonesian Action Network (ETAN.org)

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