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East Timor and Indonesia Action Network (ETAN)

West Papua Advocacy Team (WPAT)

Comments on the U.S. Department of State Country reports on Human Rights Practices for 2009

Contents

U.S. State Department sealApril 12, 2010 - The bulk of the U.S. State Department's annual Country Reports on Human Rights Practices on Indonesia (covering 2009) catalogs continuing human rights violations in Indonesia, offering a generally useful and fairly-detailed chronicle of those abuses and the continuing impunity extended to those violating rights, principally the Indonesian military and police. However, the report's overview mischaracterizes the reports contents and some key developments are ignored. While we do not examine the Timor-Leste  report in detail, except as noted below, some of the errors we and La'o Hamutuk noted last time have either been corrected or were not repeated. However, several of the criticisms we made last year still apply.

As in the past, the State Department, in both its summary and the main body of the report, pulls its punches when addressing security force human rights violations, obstruction of justice and other crimes. The police and the military remain largely unaccountable to a judicial system that is deeply corrupt and cowed by the power of the security forces. The military continues to evade civilian control. Militias, established by the military in Aceh, West Papua and elsewhere are similarly unaccountable. Their role is ignored in the report.

 
 

In one of the most important oversights, the report leave out the severe and repeated human rights violations in Merauke and Keerom, in West Papua at the hands of a unit of Indonesia's Special Forces (Kopassus). The State Department's failure to take note of this important human rights reports is inexplicable.



Indonesia's official National Commission on Human Rights (Komnas HAM) questioned the report's overall tone, calling the document "too optimistic." The chair of the commission Ifdhal Kasim told the Jakarta Globe "There has been practically no improvement in the handling human rights violations in Indonesia." He told the newspaper that "the country's mechanisms for tackling human rights violations had failed, pointing out that no cases of human rights abuse were brought to the courts in 2009."

The report's overview wrongly contends that "civilian authorities generally maintained effective control of the security forces." The statement is partially qualified with an acknowledgement that "the Indonesian Armed Forces (TNI) continued to be partly self-financed weakened this control," but the those few elements of the military's business empire that were purportedly placed under "civilian" control were in fact turned over to the Ministry of Defense, which is populated principally by active duty and retired senior military personnel. A member of Indonesian Parliament who sits on the commission overseeing defense and foreign affairs has noted that only 13 percent of the millions of acres owned by the military has been certified. Military involvement in illegal business activities and overall impunity further limit civilian control.

In one of the most important oversights, the report leave out the severe and repeated human rights violations in Merauke and Keerom, in West Papua at the hands of a unit of Indonesia's Special Forces (Kopassus). A June 2009 Human Rights Watch report What Did I Do Wrong? - based on interviews documents how Kopassus soldiers "arrest Papuans without legal authority, and beat and mistreat those they take back to their barracks," underscoring that the Kopassus personnel continue to violate rights with impunity even as the U.S. government considers resuming training Kopassus after 12 years. In the fall, six Kopassus officers met with a Human Rights Watch official to deny the abuses detailed in the report. These denials lacked credibility. The Kopassus officers also sought to identify the report's author in a not too subtle effort at intimidation. The State Department's failure to take note of this important human rights reports is inexplicable.

In its substantive paragraphs, the State Department report notes that the military continues to be involved in people trafficking and, as during the Suharto era, to collude with "developers" in forcing farmers and others off their land. However, the report leaves out the systematic failure of the government to prosecute these crimes.

The introduction to the report also contends that "The government or its agents did not commit any politically motivated killings; however, security force personnel committed a number of killings in the course of apprehending alleged criminals and terrorists." This claim ignores accounts that military personnel (belonging to the Special Forces or "Kopassus") likely-assassinated civilian activists in Aceh in 2009 because of their political advocacy (confirmed in part after the report came out). The report acknowledges only three killings in Aceh - there were at least 29 mysterious killings and assaults - and fails to report on the background of security force violence that provides context to understand the nature of those killings.

The State Department report fails to identify Article 106 of the Indonesian Criminal Code which criminalizes peaceful political dissent. The article, which dates to the Dutch colonial era and which was used extensively by during the Suharto dictatorship to punish dissenters, remains a tool of prosecutors, particularly in West Papua. Article 106 criminalizes dissent as constituting rebellion and/or treason and is not compatible with Indonesia's obligations to protect free speech under terms of the International Covenant on Civil and Political Rights (Articles 19-21). Indonesia signed the convention in 2006.

Police Violations

The report's overview similarly mischaracterizes the performance of the police which in recent years have benefited from significant U.S. training and other assistance. In its summary, the report claims that "the Indonesian National Police adopted a use of force policy that strictly proscribes the use of deadly force and allows it to track and minimize the use of force by police." This policy has not yet been effectively implemented. The substantive portion of the report contains a litany of beatings, torture and murder by the police. The report admits that prosecution of police offenders is rare and where there have been prosecutions, the courts consistently assign minimal sentences.

 
 

It remains a bitter irony (not acknowledged in the report) that police and military personnel, in the rare instances in which they are prosecuted and convicted of killings and other crimes, are given light sentences of a few weeks or months in prison, while peaceful political dissent is often punished with many years in prison.



It remains a bitter irony (not acknowledged in the report) that police and military personnel, in the rare instances in which they are prosecuted and convicted of killings and other crimes, are given light sentences of a few weeks or months in prison, while peaceful political dissent is often punished with many years in prison.

Indonesian NGOs have noted that police abuse has been particularly common among police units that target alleged terrorists, especially the U.S.-created and funded Detachment 88. Security forces routinely ignore rules regarding presumption of innocence and employ arbitrary arrest, torture and in some cases such as that of Papuan Kelly Kwalik, extra-judicial killing.

Timor-Leste

As in the previous year, the State Department report ignores the near-universal impunity for war crimes and crimes against humanity committed from Indonesia's illegal invasion in 1975 through its withdrawal in 1999. Indonesia continues to be unwilling to acknowledge the need for accountability or to cooperate with any efforts at justice for these crimes. The international community's ongoing failure to act to end this impunity has created a situation of de facto amnesty, which undermines the rule of law in both countries and internationally. The Timor-Leste report observes that there is a "perception of impunity" in the country. In addition to the factors mentioned in the report, this perception grows from this failure to deal with the serious crimes committed during the Indonesian occupation, as well as pardons and sentence commutations issued by President Jose Ramos-Horta on May 19, 2008 and December 25, 2009. Those released have included former militia and those convicted for their actions during the 2006 crisis. United Nations and bilateral Status of Forces Agreements grant immunity to many internationals from civil or criminal action for wrongs they commit in Timor-Leste, on or off duty.

 
 

Although Indonesia was the principal motivation behind the illegal 2009 release of former militia-leader Martenus Bere by the Prime Minister of Timor-Leste, no mention is made in the Indonesia  report.



Although Indonesia was the principal motivation behind the illegal 2009 release of former militia-leader Martenus Bere by the Prime Minister of Timor-Leste, no mention is made in the Indonesia  report. (The report on Timor-Leste describes this and additional information is available at http://www.laohamutuk.org/Justice/99/bere/09MaternusBere.htm.)

During the 10th anniversary of Timor-Leste's independence referendum, Indonesia demanded that Timor-Leste release a recently arrested former militia leader, Martenus Bere, "without charge, trial, or proper court authorization," according to the Timor-Leste  report. UN-backed prosecutors had twice indicted Bere for, among other crimes, his role in the massacre of 30 civilians, including three priests, at a church. "The crimes against humanity charges against Bere included murder, extermination, enforced disappearance, torture, inhumane acts, and rape," the  report says. On 30 August, Bere was illegally transferred from pre-trial detention to the custody of the Indonesian ambassador in Dili. He remained under diplomatic protection for two months before being moved to Indonesia, where he was freed.

Indonesia continues to provide sanctuary for more than 300 people indicted by the UN-Timor-Leste Serious Crimes Unit for crimes against humanity, war crimes and other major offences. These include high-ranking Indonesian officials, including General Wiranto who was a candidate for Vice President in the 2009 Indonesian election. The ongoing impunity which Indonesia provides for perpetrators of major crimes during the occupation of Timor-Leste continues to be an obstacle to improvements in human rights, judicial independence, and democracy in both countries.

Both the Indonesia and Timor-Leste  reports repeat last year's error that Indonesia's President Susilo Bambang Yudhoyono accepted all the recommendations of the bi-lateral Commission on Truth and Friendship (CTF). As we noted then, President Yudhoyono refused to articulate the recommended apology for Indonesian actions in Timor in 1999. (See page xx of CTFs final report which says, the "Commission recommends for official acknowledgment through expressions of regret and apology for the suffering caused by the violence in 1999" [emphasis in original]).

The Timor-Leste report correctly notes that the CTF "assigned 'institutional responsibility' for such violations [committed in 1999] to the Indonesian Armed Forces." However, the CTF report also concluded that the Indonesian police and civilian government also bore institutional responsibility for these crimes.

The Indonesia  report ignores the issue of responsibility, and although the Indonesia  report highlights a few CTF recommendations directed at Indonesia, it does not mention the call for a joint Commission for Disappeared Persons. Indonesian opposition has so far prevented the commission's creation.

 
 

The State Department report again fails to acknowledge the recommendations in Timor-Leste's Commission for Reception, Truth and Reconciliation's (known as the CAVR) directed at the United States and Indonesia and the lack of formal response to the report from either government.



The State Department report again fails to acknowledge the recommendations in Timor-Leste's Commission for Reception, Truth and Reconciliation's (known as the CAVR) directed at the United States and Indonesia and the lack of formal response to the report from either government.

Transmigration

The Report, in its substantive portion, usefully criticizes resumed Government "transmigration" policies:"

Human rights activists asserted that the government-sponsored transmigration program transplanting poor families from overcrowded Java and Madura to less populated islands violated the rights of indigenous people, bred social resentment, and encouraged the exploitation and degradation of natural resources on which many indigenous persons relied. In some areas, such as parts of Sulawesi, the Malukus, Kalimantan, Aceh, and Papua, relations between transmigrants and indigenous people were poor.

The report fails to note that the "transmigration" program targets major new "development" areas including West Papua where ethnic tensions are already high and increasing (see below). In the past, "transmigration" on the island of Borneo has lead to bloody conflict between the marginalized indigenous Dayak and arriving transmigrants. More fundamentally, the report fails to acknowledge that "transmigration" has long-term consequences that raise concerns about ethnic genocide.

West Papua
 
The State Department report fails to acknowledge adequately the deteriorating human rights and security environment in West Papua where security force intimidation is at levels not witnessed since the era of the Suharto dictatorship. Recently a group of NGOs told the UN Human Rights Council that "The climate of impunity and the heavy presence of military troops that have put Papua under de facto-military control facilitate the rising level of violence."

 
 

As in its previous reports, the State Department largely ignores the obligation of the state to provide a minimal level of access for its citizens to health, education, and employment services.



The State Department also largely ignores sustained violence in the area of the Freeport-McMoran gold and copper mine which has been the scene of extensive human rights violations, environmental degradation and security force extortion and intimidation for years. The report only briefly refers to months of attacks staged by unknown parties along the main road connecting the mine with the town of Timika, contending: "In addition to killings by security forces and OPM, there were a number of violent incidents, including some killings by unknown parties in Papua and West Papua. Some of the incidents occurred in the vicinity of a giant gold and copper mine."

The report describes the expansion of state security violence in West Papua, including violence targeting peaceful demonstrators and civilians in custody by the police and military. The report fails to connect the dots linking the employment by security forces of brutal force and intimidation and the denial of the right of freedom of speech and assembly. Key factors in the growing tension and violence include the growing military presence in West Papua and the continued marginalization of Papuans in their own land.

As in its previous reports, the State Department largely ignores the obligation of the state to provide a minimal level of access for its citizens to health, education, and employment services - rights stated in the Universal Declaration of Human Rights. In West Papua access to basic government services such as education and health care, as well as to land and economic opportunity are so inadequate as to be health and even life threatening. Inadequate health and education services, especially in the central highlands, has given impetus to an exploding HIV/AIDS epidemic.

The plight of Papuans is exacerbated by institutionalized discrimination against indigenous Papuans inherent in "development" plans for West Papua. The State Department reports on this in general terms:

During the year indigenous persons, most notably in Papua, remained subject to widespread discrimination, and there was little improvement in respect for their traditional land rights. Mining and logging activities, many of them illegal, posed significant social, economic, and logistical problems to indigenous communities. The government failed to prevent domestic and multinational companies, often in collusion with the local military and police, from encroaching on indigenous peoples' land. In Papua tensions continued between indigenous Papuans and migrants from other provinces, between residents of coastal and inland communities, and among indigenous tribes.

While the above is accurate and welcome, the report does not sufficiently address the human rights consequences of environmental destruction arising from government policies. This includes new "development" plans announced or inaugurated in 2009 to establish palm oil plantations and other large-scale agricultural activity. The government-aided projects will favor national and foreign firms and will employ large numbers of non-Papuans. No provision has been made for legally addressing Papuan land rights and, as in the past, security forces are employed to suppress local protest over extra-legal land confiscation. Rights of traditional owners, particularly indigenous people, to give their free, prior and informed consent to the development of their lands, increasingly recognized under international law, are largely denied in Indonesia.

Aceh

The report also fails to note that in Aceh violence against political activists has escalated. The report chronicles some of the violence in Aceh during the run-up to the April 9 legislative elections but misses key incidents, including a grenade attack on a party facility of the former rebel organization which killed five. The report more seriously fails to note the pattern of violence which targeted principally party activists associated with the former rebel organization, and the likely role of the military in that violence. For example, it fails to note the arrest of military personnel for tearing down that party's political signs.
 
The report does not mention that key elements of the 2005 internationally-brokered peace agreement have not been implemented. The Helsinki peace agreement between the government of Indonesia and the Free Aceh Movement (GAM) and the Law on Governing Aceh that implements the agreement called for the establishment of an ad hoc-human rights court and a local truth and reconciliation commission to deal with human rights violations committed during the conflict. Indonesia's failure to make good on this legal undertaking underscores the government's reluctance to hold accountable those responsible for past human rights violations, which only undermines any efforts to prevent future violations.

Munir
 
In a particularly egregious omission, the report ignores the intimidation of witnesses and lack of cooperation of the military and others in the 2008 prosecution of retried general Muchdi Purwoprandjono for the 2004 assassination of leading human rights advocate and military critic Munir Said Thalib. This obstruction of justice was widely commented on in the Indonesian media and by NGOs but is ignored in this and the previous report. As we wrote to Secretary of State Clinton in November 1999: The Action Committee in Solidarity with Munir (KASUM) -- in a report to the UN Special Rapporteur on the Situation of Human Rights Defenders -- noted that Muchdi's trial was marred by the systematic retraction of sworn statements by key witnesses and the presence of organized groups seeking to influence the trial. KASUM's report concluded that "the Indonesian justice system is not yet able to effectively prosecute senior officials with powerful connections, due to weak prosecution capacity and witness intimidation." It called Muchdi's acquittal "a setback for the enforcement of human rights and the protection of other human rights defenders more broadly."

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