East Timor

Xanana, East Timor leaders face human rights questioning

Jakarta Post - February 27, 2002

Yemris Fointuna -- The East Timor Commission for Truth, Reception and Reconciliation is planning to question several proindependence leaders, including Jose Alexandre "Xanana" Gusmao, for allegedly committing human rights abuses in the territory during the period of April 1974 to October 1999.

According to the chairman of the commission, Aniceto Guterres Lopes, Nobel laureate Jose Ramos Horta, leaders of East Timor's pro-independence armed wing Falintil Taur Matan Ruak and Francisco Guterres, as well as Mari Alkatiri will also be questioned in connection with alleged atrocities that took place during East Timor's turbulent time.

"Those who are proven guilty of gross human rights abuses could be charged under East Timor Government Regulation No. 15/2000 on jurisdiction panels for serious crimes," Aniceto told a media conference, without specifying the date of the summons.

The Dili-based commission, which comprises seven personnel would submit their findings to the United Nations Transitional Administration in East Timor (UNTAET) for further proceedings. The questioning will cover the level and causes of human rights abuse, as well as the circumstances and motive for the crimes.

The recently established truth commission is charged with establishing the facts about human rights violations committed between April 1974 and October 1999. It also supports the reintegration of people who have committed minor criminal offenses or harmful acts through a community-based reconciliation process. Xanana led an armed resistance movement against Indonesia after the country incorporated the former Portuguese colony into its territory in 1976.

Aniceto completed on Tuesday his two-day visit to West Timor, where he also visited camps sheltering East Timorese who fled their ravaged homeland following a UN-administered self- determination vote in August 1999.

Meanwhile, the much-awaited ad hoc tribunal will soon take place in Jakarta to try those held accountable for human rights abuses in 1999. Three army generals, a police general and a number of middle-ranking officers are among the 19 suspects facing trial for the crimes. They include former Udayana Military commander Maj. Gen. Adam Damiri, former Wiradharma Military Resort commanders in Dili Brig. Gen. Suhartono Suratman and Brig. Gen. M. Noer Muis and former East Timor police chief Brig. Gen. Timbul Silaen. Former Indonesian Military (TNI) chief Gen. (ret) Wiranto was initially one of those implicated, but the Attorney General's Office took his name off the list.

East Timor not yet ready to join ASEAN

Bangkok Post - February 28, 2002

Achara Ashayagachat -- East Timor needs 10 years to prepare for joining the Association of Southeast Asian Nations, de facto Foreign Minister Ramos Horta said.

"Of course we want to join Asean, but we are not in a hurry. In five or 10 years it's possible, but we are not ready now," he said. "We are still building our country, creating government institutions and the economy."

East Timor was seeking observer status and sent the proposal to the ASEAN secretariat three months ago. Foreign Minister Surakiart Sathirathai said Asean's priority was to consolidate, not to expand.

"We have an urgent task to prove to the world that our internal integration is realistic. We have to pursue the task of implementing agreements on the Asean Free Trade Area, the Asean Investment Area, and the Initiative on Asean Integration to close the gaps between old and new members," he said.

Myanmar objects to East Timor bid for ASEAN observer status

Agence France Presse - February 28, 2002

Manila -- Myanmar has objected to a proposal to grant East Timor observer status to the Association of Southeast Asian Nations (ASEAN), Philippine officials said Thursday.

Foreign ministers of the 10-member regional grouping discussed the issue at a meeting in the Thai resort of Phuket in mid- February, they said. "There was no consensus on how East Timor can participate in ASEAN," Foreign Undersecretary Lauro Baja told reporters.

He said Myanmar in particular raised East Timorese leaders' "past dealings" with Myanmar opposition forces led by Nobel Peace Prize winner Aung San Suu Kyi when East Timor was still under Indonesian control. Myanmar officials said these "solidarity" meetings apparently continued after East Timor voted for independence and came under interim United Nations administration, Baja added.

While Indonesia had no objection to East Timor's application for observer status, there had also been misgivings in ASEAN over the "political, administrative and logistical implications of East Timor's eventual membership in ASEAN," said a Filipino official who spoke on condition of anonymity.

The Philippines, the only mainly Roman Catholic nation in the group, backs the conferral of observer status to fellow Catholic East Timor. Observer status, now enjoyed by Papua New Guinea, would allow the territory to attend ASEAN's annual ministerial meetings and hold informal consultations with the group.

Since coming under UN administration, East Timor has attended several ASEAN meetings as an invited guest. It is due to attain full independence on May 20. ASEAN, formed in 1967, now groups Brunei, Cambodia, Indonesia, Laos, Malaysia, Myanmar, the Philippines, Singapore, Thailand and Vietnam.

Cemetery in East Timor converted to cassava farm

Kyody News - March 1, 2002

Jakarta -- A cemetery for Indonesian servicemen in East Timor's capital Dili has been converted to a cassava farm, Indonesia's state-run news agency Antara said Friday.

Maj. Gen. William Da Costa, a military commander overseeing West Timor, said the Seroja Cemetery in Dili's Santa Cruz district was supposed to be protected by local authorities as agreed between the Indonesian government and the UN Transitional Administration in East Timor (UNTAET).

But Da Costa said the cemetery was razed by bulldozer, leaving it difficult to identify any individual remains, to make way for a cassava plantation. "We expect that Xanana [Gusmao] could help have the remains of Indonesians, who died in wars in East Timor, recovered so they can be buried with members of their respective military units," Da Costa was quoted as saying.

Gusmao is the leading contender for president of East Timor, which is to gain independence May 20. The territory's first presidential election will be held April 14.

About 5,000 Indonesian soldiers were been buried in 15 cemeteries of "heroes" throughout East Timor, more than 700 of them believed buried at Seroja.

After 350 years of Portuguese rule, East Timor briefly gained independence in 1974, but in 1975, Indonesia invaded the half- island territory and annexed it a year later, an action the United Nations never recognized. East Timor voted to split from Indonesia in a UN-supervised referendum held in August 1999.

TNI troops ordered to shoot refugee criminals

The Jakarta Post - March 1, 2002

Yemris Fointuna, Kupang -- Udayana Military Commander Maj. Gen. Wellem T. da Costa has ordered soldiers to shoot East Timor refugees found committing violence against Indonesians living near refugee camps in West Timor.

"... I order all TNI members to shoot any criminal on the spot. I am ready to be sued over this decision," Wellem said.

The shoot-on-sight order was issued on Thursday after refugees, many struggling to survive since government aid was stopped on January 1, started terrorizing residents in a search for food.

The refugees, many armed with firearms, are also said to have often extorted and blackmailed locals, in some cases stealing animals and other belongings.

"I have instructed military personnel near Kupang and the West Timor border areas to shoot on sight refugees found involved in criminal acts," Wellem, who oversees security in the East Nusa Tenggara and Bali provinces, told The Jakarta Post.

The Indonesian Military (TNI) would also tighten security at refugee camps and surrounding villages to prevent the violence, he said.

"In an effort to smooth security patrols in West Timor, the TNI headquarters has provided 10 motorcycle units. Patrols will be conducted around the clock by troops equipped with firearms and live bullets," Wellem said.

He said he could understand the difficulties the estimated 128,000 refugees faced as they struggled to survive after aid was stopped. However, despite the scarcity of food it was not tolerable they be allowed to freely terrorize, intimidate and rob local villagers, he said.

Wellem said the cash-strapped government was sticking to its earlier stance in dealing with the refugees. They had been offered the choice of staying in Indonesia under a resettlement program or returning home.

"At least 11,000 hectares of land in East Kalimantan has been allocated for the East Timorese refugees. Please go there. If they want to stay here, it is impossible because the space is so limited," Wellem said.

The refugees have said they would not leave their camps until after East Timor gains official independence in May 2002. It remains unclear as to who will feed the refugees till May.

Elita Patipelohi, a priest at the Masehi church based at Tuapukan village in Kupang, said many residents had complained of high levels of crime in Tuapukan in recent weeks. But they did not dare to fight with them because the robbers were usually armed with firearms, handguns, machetes or other sharp weapons, she said.

Since 1999, some of the 128,000 refugees have been housed at camps in the villages of Tuapukan, Noelbaki and Naibonat in Kupang. Many others are accommodated in North Central Timor, South Central Timor and Atambua bordering East Timor.

About 250,000 East Timorese fled carnage carried out by Indonesian Army-backed militias after East Timor voted to break away from Indonesia in August 1999.

Many of the refugees that remain in West Timor are linked to the former Indonesian regime and include ex militia soldiers. They are reluctant to return home despite assurances from East Timor leaders that they will be safe.

Fearing the wrath of someone else's god

The Melbourne Age - February 25, 2002

Jill Jolliffe -- It is 11am on a weekday and people are queueing at Dili's Chinese Buddhist temple. Most of the East Timorese in the queue are Catholics and they have come to have their horoscopes read. "They come here if they have a sick relative, or are going to make a long trip, to see if the stars are auspicious for them," a temple official explains, "but they are not members of our congrega-tion. "

Each steps forward in turn to explain their problem. The official then moves to the altar and a brown-skinned statue of the Lord Buddha. The statue was brought here from China in 1926 and has survived the many traumas that have convulsed this former Portuguese colony since Indonesia invaded in 1975.

The official takes a cylinder of sticks, which he spins and shakes until one falls out. He then reads out a number to an assistant, matching a slip of paper hanging in an anteroom with a horoscope typed neatly in Indonesian. It is given to the supplicant, whose face registers pleasure or disquiet according to the result.

The temple was repainted recently to highlight its bright colours and, hopefully, to herald new fortunes for East Timor's Chinese community as the country heads for independence in May.

On February 9, the recently elected Constituent Assembly approved the country's first democratic constitution. Article 12 guarantees respect for all religious faiths, while Article 16 asserts that no individual can be discriminated against on grounds of colour, race, sex or religion. Yet it is a sign of the continuing insecurity of the Chinese minority that the temple official would not allow his name to be disclosed.

He points out that the temple's doors have closed only once in the decades of upheaval since 1975, and that was in 1999, when militia gangs marauded through Dili as Indonesian troops withdrew and United Nations forces arrived to take control. This is not to say that the Indonesian invasion of East Timor did not have tragic consequences for the Chinese.

"They killed many of us, in public executions on Dili wharf and in the nearby coastal town of Maubara, where the entire Chinese population was executed," the official recalls. At Maubara, the wives were raped before being shot and children killed.

The use of Hakka, the language spoken by Chinese here, was forbidden. In Portuguese times the Chinese community ran its own schools -- in 1973 there were 18 catering for about 2000 students. The Indonesian Government ordered them closed and they have never reopened.

In the years after 1975 the Chinese fled en masse from East Timor, and most have not returned. Before the invasion the population was estimated to be from 12,000 to 18,000; current figures are not known. "Some businessmen are returning, but to invest, not to live," the official says.

In colonial times the Portuguese encouraged a Chinese monopoly on commerce, which caused great resentment among the Timorese. When Lisbon announced a decolonisation program in 1974 the newly formed nationalist parties Fretilin and UDT asserted that the Chinese minority would enjoy equality, but their claims were never put to the test because of the Indonesian invasion.

With a Fretilin-dominated government now in power, the Chinese community's main worry is that past prejudice will return unless positive steps are taken to guarantee their rights.

East Timor's Muslims face different problems. The territory has never been strongly influenced by Islam, and in 1975 there were only about 1000 Muslims. Most lived at Campo Alor on the outskirts of Dili, where the city's only mosque is located. They generally went their own way and the strongly Catholic Timorese went theirs, despite some prejudice.

The 1975 invasion changed their fortunes completely: to be Muslim was to be privileged. Mosques sprung up all over East Timor and Catholics were persecuted. During a visit to Suai in 1994, I asked whether a mosque had been built there. "Yes," my Timorese companion replied pointedly, "but it's only for the foreigners."

It has since been burnt down, as have all the other mosques except the one at Campo Alor, which some say has been on the same site for 700 years, pre-dating Portuguese contact. Since Indonesian troops withdrew in September, 1999, memories of their abuses have become intermingled in the common mind with resentment of Islam.

The most illustrious member of the Muslim congregation is East Timor's Chief Minister, Mari Alkatiri, who comes from a Yemeni family that settled in Dili generations ago. Nevertheless, it seems it will be some time before the now tiny Islamic community will feel the benefits of his brand-new constitution.

The imam is a softly spoken Javanese called Noto Gomo who arrived here in 1991. He and mosque official Abdul Halim, who arrived in 1996 from Indonesia's Riau islands, quickly agree to an interview and summon cold soft drinks and fruit.

In the compound, children enjoy a rowdy soccer match and women in soft silks and crisp cottons, heads covered, glide by. The Islamic community has been besieged here since the militia tumults and about 300 people live in the grounds.

According to Halim, their security has improved considerably since the UN arrived, although the mosque was stoned almost nightly by Timorese youths in the early days. He says the UN does not, however, advise that they should return to their former houses just yet.

He explains that they are Sunni Muslims guided by a tolerant Sufi philosophy. "We are just common people who believe in obedience to the instructions of the Prophet," he says.

Some work in the construction industry, most are traders. They run four schools in the mosque precinct, teaching in Indonesian, Tetum, Portuguese and Arabic. The Timorese schoolgirls who wander in and out are explained by the popularity of their Indonesian classes. "They are Catholics, but they come here for the Indonesian-language schooling," Halim explains.

It is an echo of the cross-cultural situation in the Buddhist temple, a throw-back to the pragmatic acceptance of other cultures that used to characterise the Timorese but which has become sadly rare since the Indonesian occupation. Violence and trauma have bred intolerance.

There are no exact figures on East Timor's Islamic population, but mosque officials believe it is probably about 1000 again, with 600 in Dili and another 400 scattered in Baucau, Viqueque and Lospalos.

"We have children who were born here, and parents who died here," Halim says. "We want to be citizens of this country when it becomes independent, to assist its development."

Asked whether he considers the East Timorese intolerant, he replies with characteristic calm: "When we are out of our minds we do wrong. We are disturbed by emotion. We should come together and talk."

Gusmao, Bishop Belo call for more constitutional debate

UNTAET Daily Briefing - February 20, 2002

Dili -- Independence leader Xanana Gusmao and Dili Bishop Filipe Ximenes Belo urged the Constituent Assembly today not to rush passage of East Timor's first Constitution, saying more time was needed for an upcoming public consultation on the historic document.

Speaking at the start of a televised public discussion organised by the east Timor Study Group, Bishop Belo called for the entire month of March to be devoted to the nationwide public review of the Constitution. He said the current consultation schedule -- from 26 February to 2 March -- was akin to "teasing" the public. "This is our Constitution, our life, our future and our faith -- therefore we shouldn't be in a hurry," the Bishop said.

Gusmao said he had recently expressed similar sentiments to UN Secretary-General Kofi Annan. He added that he did not think the Constitution must be completed by East Timor's independence on 20 May. "There are countries that became independent without having a Constitution," Gusmao said. "A Constitution is the pillar of a nation. It is the mother of law, and it should be properly legitimised by the people."

The popularly elected Constituent Assembly has spent more than four months drafting the Portuguese-language Constitution. After the public consultation, there will be final period of debate before its promulgation at a 16 March signing ceremony.

Today's public discussion was organised by the East Timor Study Group in conjunction with UNTAET's Office of Communication and Public Information. It was broadcast by both Radio UNTAET and Televizaun Timor Lorosa'e.

Candidate in East Timor elections

Associated Press - February 23, 2002

Joanna Jolly, Dili -- Independence leader Jose Alexandre "Xanana" Gusmao, a potent symbol of East Timor's resistance during decades of Indonesian rule, on Saturday officially declared himself a candidate in the new nation's first presidential election.

The long-expected announcement came just hours before the deadline for entering the presidential race. Gusmao had previously indicated his intention to run for president. "I continue to believe that I am not the ideal person for this job, but I will do the best job that I can," Gusmao said at news conference in the capital, Dili.

Gusmao's only opponent will be Fransisco Xavier do Amaral, who was appointed East Timor's first president in 1975, after the pullout of the Portuguese colonial government. He served for only nine days before Indonesian forces invaded on December 7, 1975.

The charismatic Gusmao enjoys broad popular support and is expected to win the election. Although Gusmao said he would stand as an independent candidate, 10 small opposition parties have already declared their support for him. "We need to construct a democratic East Timor and to serve the people," he told reporters.

East Timor, which has been under UN administration since 1999 when its voters opted for independence from Indonesia, is due to hold the elections on April 14. The new head of state will be formally installed on May 20, when the world body is scheduled to end its interim rule, making East Timor the world's newest nation.

Xanana, a former soccer player and journalist, joined the armed resistance against Indonesian rule and quickly rose to command the guerrilla forces in the 1980s. He was captured by Indonesian troops in 1992 and remained a political prisoner in Jakarta for seven years.

Gusmao has recently distanced himself from East Timor's largest political party, Fretilin, which led the independence movement. The party won two-thirds of the votes in parliamentary elections last August but Gusmao declined to stand as their presidential candidate.

Earlier this month, the 88-member assembly approved the draft of the new constitution, which envisions a parliamentary system with a strong executive led by a prime minister. The current prime minister is Fretilin leader Mari Alkatiri. The national charter defines the president's role as a largely symbolic one.

128,000 East Timorese refugees face starvation

Jakarta Post - February 26, 2002

Yemris Fointuna, Kupang -- Around 128,000 East Timorese people staying in numerous refugee camps in East Nusa Tenggara Province are facing starvation as their food supply is nearly exhausted.

More than 20,000 refugees in Naibonat and Noelbaki subdistricts in Kupang regency have nearly enough food, but a major part of more than 100,000 others in Belu regency had run out of rice because their crops were damaged during the recent flooding that hit the regency.

Antonio da Costa, 47, originally from Los Palos in East Timor, said his five-member family only had meals twice a day because of the food crisis. "We eat cassava in the morning and a little rice in the evening. All this is because most refugees were confused about the government's decision to stop its humanitarian relief as of January 1, 2002. We finally realize that they are serious now that we are facing a food crisis," he said over the weekend.

Antonio conceded that his family still had some food stockpiled from the past harvest but it would probably not last to the end of the month. He said he had a plot of land near his camp but all rice and maize crops were damaged by the recent flood.

Yuliana Soares, 38, another refugee in Belu, Atambua, said she was not sure that her family would have enough to eat in the coming weeks, because their food supply was running thin. "My family usually has three meals a day but soon we will not have enough to eat.

"This week we have only porridge, instead of rice, twice a day, to allow us to survive in the coming two weeks. It's impossible for us to beg from our neighbors who are also facing the same fate," she said, while adding that her family had cooked porridge mixed with noodles, instead of meat or fish.

The government has stopped humanitarian relief to the refugees because it has financial problems amid the prolonged economic crisis. The decision was also made in an attempt to encourage the refugees to go back to their homeland, which is now deemed by all to be safe.

But, so far, the refugees have yet to decide whether they will go back to their homeland or become Indonesian citizens. They have been reluctant to make a decision as they erroneously believe that the political situation in East Timor, slated to announce its independence on May 20, 2002, is still uncertain.

Some 290,000 East Timorese left the territory, some by force, some voluntarily, during the post-ballot mayhem by pro-Jakarta militias in September 1999. More than 100,000 have returned.

Johanis B. Kosapilawan, spokesman for the provincial administration, insisted that the government would not consider changing its mind on the refugees. "The provincial administration will only provide humanitarian relief in an emergency situation but its portion will be less than was provided in the past," he said.

Kosapilawan claimed the provincial administration had asked the United Nations High Commissioner for Refugees (UNHCR) to deal with the worsening situation in the wake of the government's decision to halt the humanitarian relief. "So far, UNHCR has yet to respond to the refugees' [most recent] situation," he said without making clear what he hoped the UN body could do since the change of status.

An outbreak of diarrhea and lung and skin diseases has attacked hundreds of refugees following the recent flood, claiming at least 15 lives, mostly children. The recent flooding has also forced hundreds of refugees to seek dry land in the regency.

Meanwhile, May. Gen. William T. da Costa, chief of the Udayana Military Command overseeing Bali and East Nusa Tenggara, said on Monday that East Nusa Tenggara had the potential for conflict since the refugee problem had been left unresolved.

"We must remain alert because the refugee problem is yet to be resolved," he said in the celebration of the East Nusa Tenggara Military District's 41st anniversary.

He admitted that the problems were triggered by the government's decision to halt the humanitarian relief to the refugees. He added that, "Most refugees have no skills while the province has no natural resources to feed them."

Timorese 'losing patience' with their own refugees: Horta

Agence France Presse - February 26, 2002

Nusa Dua -- Tens of thousands of East Timorese refugees who are still reluctant to return are testing the patience of their compatriots back home, Foreign Minister Jose Ramos Horta has said.

An estimated 60,000 to 80,000 refugees remain in squalid camps in Indonesian West Timor, two and a half years after fleeing independence- related violence.

"Up to a year ago we were all criticising Indonesian authorities for not doing enough to help the refugees return," Horta said on the sidelines of Monday's high-level bilateral talks with Indonesia.

"A lot of opportunities have been given to the refugees, all kinds of incentives. Yet some still prefer to stay in camps. If they want to stay, then stay and accept the resettlement offers of the Indonesian government. If they want to return, return to East Timor and start the next phase of their lives."

In 1999 an estimated 250,000-270,000 people either fled or were forced over the border at the hands of marauding anti- independence militiamen, enraged at East Timor's vote to secede from Indonesia in August 1999. Almost 200,000 have since returned home.

Many of the returnees have reported intimidation and disinformation campaigns by anti-independence militia thugs, who are believed to be using the refugees as pawns in their negotiations for amnesties from prosecution in East Timor.

Of those who remain, some are waiting for pension payments from the Indonesian government or security forces, some say they are fearful of revenge attacks in East Timor for supporting Indonesian rule, others say they are nervous of general insecurity in their shattered homeland.

The UN refugee agency last month said economic factors and not intimidation are now the main reason why many are reluctant to go home.

Cash-strapped Indonesia is keen to be rid of the refugees and has halted its aid to them from this year. It has offered them citizenship if they choose to stay.

Ramos Horta said he supports Indonesian efforts to close the camps. The Nobel peace laureate accused an unspecified number of abusing aid packages offered to the refugees on their return, by posing as returnees several times over.

"There are some who travel to East Timor, then go back to the [West Timor] camps, then come back to East Timor, two or three times, using the benefits for refugees," he said. "Our own people in East Timor are losing patience, because everybody talks about the refugees, how they're supposed to get special treatment, get shelter, get food, money. Then how about those people who are in East Timor? We're losing patience."

UNTAET-Government meet on domestic violence issue

UNTAET Daily Briefing - February 21, 2002

Dili -- UNTAET and the East Timorese government met for the first time today to discuss a joint strategy to address the domestic violence problem and ensure that different government departments work together on the issue.

The chair of the meeting, Maria Domingas Alves, Advisor for the Promotion of Equality to the East Timorese Chief Minister explained that the meeting aimed to establish a partnership within the various concerned departments and create a governmental working group. She also stressed that domestic violence "is not a private matter."

The four-hour long meeting was also attended by the United Nations Civilian Police, Human Rights and Legal Units; and Health and Social Services departments.

UNTAET Civilian Police Commissioner Peter Miller briefed the participants on how his force is working closely with the East Timor Police Service and is training the East Timorese police officers on domestic violence situations.

The need to improve legislation on domestic violence and to change mindsets at a grass root level was also discussed. A follow-up meeting is expected to take place next week.

Justice will not come from Indonesia indictments

ETAN - February 26, 2002

Indonesia's recent indictment of seven military officers for crimes against humanity committed in East Timor in 1999 does not alleviate concerns that Indonesian courts can provide justice for the thousands of victims of military violence in East Timor, observed an East Timorese activist and the East Timor Action Network/US(ETAN).

"The recent Indonesian indictments do not alter our view that an international tribunal is essential to hold fully accountable those most responsible for war crimes and crimes against humanity committed in East Timor," said John M. Miller, spokesperson for ETAN.

"The East Timorese are united in their desire for an international tribunal," said Filomena dos Reis of the East Timor NGO Forum. "Over two decades of first-hand experience with Indonesian justice tells us the current ad-hoc court will not be meaningful." Dos Reis, the Forum's Advocacy Director is currently on a speaking tour of the United States to build support for an international tribunal.

Last week in Jakarta, Indonesia's Attorney General filed charges against seven men for genocide and crimes against humanity for the September 6, 1999 massacre in a Suai churchyard where several hundred people were killed, including nuns and priests. The murders took place, two days after the United Nations announced that East Timor had voted overwhelmingly for independence. Three members of the US Congress had visited the Suai church just a few weeks before the massacre.

On Monday, February 18, prosecutors in East Timor indicted 17 Indonesian soldiers and militia for crimes against humanity allegedly committed 1999. All of those indicted are believed to reside in Indonesia, but Indonesian officials quickly stated they would not honor any extradition requests or international warrants filed with Interpol.

"Indonesia's refusal to fulfill its obligation to turn over suspects to the serious crimes court in East Timor should leave no doubt that Indonesia's commitment to justice is half-hearted at best," Miller added. "The Indonesian indictments should not deflect pressure for extraditions or an international tribunal."

"The limited jurisdiction of the court, the continued power of the Indonesian military and the poor quality and lack of training of many of the judges reinforce our concerns about the Indonesian process. Indonesia has no witness protection program and traumatized East Timorese are unlikely to testify in Indonesian courts," said Miller. "The US, UN, and its member states are treading a dangerous line by giving credibility to a process that is so fatally flawed."

An April 2000 Memorandum of Understanding (MOU) on legal co- operation signed by the UN Administration in East Timor (UNTAET) and the Indonesian Government allows for the transfer of suspects. Despite a recent Indonesian pledge to extend the MOU, the Indonesian government officials maintain that they have no obligation to extradite suspects.

Last August, the Megawati administration amended the decree establishing a special human rights court on East Timor, limiting it to selected incidents from April and September 1999 in three out of East Timor's 13 districts.

"No one will be tried for the many atrocities that occurred outside of the narrow time periods and locations. The limitations mean that the military's role in orchestrating the violence and devastation throughout 1999 will not be fully addressed. The many crimes specifically directed at women will also not be prosecuted," said Miller.

"Further, no one responsible for Indonesia's 1975 invasion of East Timor and most of the massive crimes committed during Indonesia's 24-year occupation will be investigated, much less held accountable," he added.

Following the August 30, 1999 UN-organized referendum, the Indonesian military and their militias systematically destroyed East Timor, murdering up to 2000 East Timorese, destroying over 70 percent of the infrastructure and raping hundreds of women. Hundreds of thousands were forced from their homes.

Militia chief charged with crimes against humanity

UNTAET Daily Briefing - February 26, 2002

Dili -- The General Prosecutor of East Timor issued an indictment today charging militia commander Bernadino da Costa -- also known as "Mata Satu" -- with nine counts of Crimes Against Humanity including murder, persecution and the forcible transfer of hundreds of East Timorese to West Timor.

The indictment states that Costa bears criminal responsibility for crimes committed by his Tim Sasurut Ablai militia in Same sub-district, Manufahi district, between April and September 1999. Operating under the direction of the Ablai Militia, the Tim Sasurut Ablai carried out acts of violence against civilians perceived as supporters of East Timor's independence from Indonesia. Such acts included: seven murders; the detention of 400 people for several days prior to their deportation or forcible transfer to West Timor; and other acts of violence and intimidation.

Today's indictment contains nine Crimes Against Humanity charges -- five counts of murder; two counts of imprisonment or other severe deprivation of physical liberty in violation of fundamental rules of international law; one count of deportation or forcible transfer of a population; and one count of persecution as part of a widespread or systematic attack on a civilian population.

The accused is still at large and believed to be residing in West Timor, Indonesia. Two of Costa's deputy commanders -- Benjamin Sarmento and Romeiro Tilman - were previously indicted and arrested and are slated to face trial in April 2002.

This is the 35th indictment issued by the UNTAET Serious Crimes Unit, and the 13th including charges of Crimes Against Humanity. At the moment the Special Panels for Serious Crimes of the Dili District Court are hearing 16 serious crimes cases.

41% of East Timorese live in poverty: Study

UNTAET Daily Briefing - February 26, 2002

Dili -- A preliminary government report that indicates 41 per cent of East Timor's population live in poverty and 48 per cent are illiterate was presented today to the Council of Ministers.

The preliminary Poverty Assessment report by the National Planning Commission is based on a survey of 9,100 East Timorese living in 100 villages or boroughs across the territory. The survey was conducted with the participation of the World Bank, the Asian Development Bank, the United Nations Development Programme and the Japanese International Cooperation Agency.

Poverty was higher in rural areas (46 per cent) than in urban areas (26 per cent), according to the preliminary report. Poverty was also reported to be highest in rural central and western East Timor (51 per cent) and lowest in the towns of Dili and Baucau (14 per cent).

The study also found that 46 per cent of adults never attended school. Not surprisingly, 49 per cent of East Timorese were reported to be illiterate, and an added 37 per cent were found to read with difficulty.

A final report is expected to be completed by the end of April. It will be used to help shape a government plan to combat poverty and to promote development in East Timor.

Indonesia to discontinue scholarship for Timorese students

Agence France Presse - February 27, 2002

Jakarta -- Jakarta is planning to discontinue scholarships to some 1,100 East Timorese students in Indonesia, a report said Wednesday.

A director of the Indonesian education and culture's higher education directorate general, Darmaji said that there were many Indonesians in need of such scholarship, the state Antara news agency reported. "This may cause social jealousy because if we cannot even assist students from our own country, why should we help thoses from other [countries]," Darmaji said.

The scholarships were given to East Timorese who have been studying in Indonesia since before the eastern half of Timor island separated from Indonesia in October 1999, following a UN- held ballot of self-determination there in August 1999.

The UN Transitional Administration in East Timor (UNTAET) has urged Indonesia to continue the subsidy -- around six million rupiah (589 dollars) per year per student -- which had been promised by former president Abdurrahman Wahid in 1999 for three years.

Darmaji said that the government has not yet formally decided to cut the scholarships but was likely to do so in March. But he added that the government may continue to provide scholarships for 309 of the 1,100 East Timor students who were in their last year of study.

Refugees start to use violence, terror to survive

Jakarta Post - February 28, 2002

Yemris Fointuna, Kupang -- Thousands of East Timorese refugees have begun to use violence and terror against local villagers in a bid to survive in East Nusa Tenggara province following the halt of their food assistance early last month.

Cases of theft, extortion, blackmail and other crimes are also rampant at villages surrounding the refugee camps in the province's capital of Kupang, with local residents complaining of intimidation by the East Timorese.

"Our residents have begun to feel insecure. Every day at least one of us loses a cow, a chicken, a goat, a television or other property," Yakob Dethan, secretary of Tuapukan village, told The Jakarta Post on Tuesday.

"Local residents are often terrorized, intimidated and blackmailed by refugees. We have asked police to provide security protection, but until now there has been no response," Benyamin Dethan, head of Noelbaki village, added separately. Tuapukan, Noelbaki and the village of Naibonat have for three years housed about 20,000 East Timorese refugees still stuck in Kupang regency.

Around 108,000 others are accommodated at different refugee camps in North Central Timor, South Central Timor and Atambua, on the border with East Timor.

About 250,000 fled the carnage by militias in East Timor after it voted to break away from Indonesia in August 1999. Most of them have returned to their homeland, which will officially become an independent state in May, 2002.

The cash-strapped government stopped the supply of food assistance to the total 128,000 refugees currently housed across East Nusa Tenggara, offering them the choice either of staying within Indonesia or returning home to East Timor.

Many of them have admitted to running out of food, last provided by the Indonesian government in December, and are now facing starvation. Some have begun to eat cassava in place of rice, others eat rice or porridge, but only twice a day, and said they would likely have nothing to eat in the coming weeks.

Elita Patipelohi, a priest at the Masehi church, based in Tuapukan, aired a similar complaint of high levels of crime in her village over recent weeks.

"As a church leader, every Sunday I have been asked by at least seven members to pray for them because they have lost their animals or other belongings," she told The Post. "I often witness car drivers being extorted and blackmailed or robbed by groups of refugees."

She said many residents did not dare to fight with them because the robbers were usually armed with machetes, firearms, handguns or other sharp weapons. "Our region is now increasingly vulnerable to violence by refugees. With the scarcity of food as their motivation, they do what they want," said Nikolaus Ria Hepa, a resident in Noelbaki.

Both Tuapukan and Naibonat are home to only 6,583 people, comprising 1,633 families, while the number of refugees there is more than 18,000, or 2,513 families.

In Noelbaki, which is around 1.7 hectares in area, about 2,000 refugees control 8,000 square meters, or almost half of the village. Yakob added that as the refugees were moved to Tuapukan in 1999, local residents have controlled only 10 percent of the 10-ha village, while the rest of the land has been used to accommodate refugee camps.

Villagers have lodged a protest to the local security authorities, demanding that their land, where camps were built, be returned to them by forcing the refugees to leave the areas.

Meanwhile, the East Nusa Tenggara administration denied that disturbances have taken place at or surrounding the refugees over the last two months, despite the cessation of food assistance.

"There has been no upheaval that has harmed the amenity of local people, and life in the camps is OK," spokesman for the local government Johanis Bastian said on Tuesday in Kupang.

East Timor - party to independence

SBS Dateline - October 3, 2001

[East Timor is finally on the road to independence but there is still a long way to go. Following its first election, a constituent assembly is drafting the constitution that will decide this young nation`s political future. For 25 years, the East Timorese associated politics with violence and killing. Adjusting to the idea that politics can be peaceful has been a struggle. Carmela Baranowska tells the story of two would-be politicians and the birth of a nation.]

Reporter: Carmela Baranowska

Fretilin formed East Timor's first independent government on 28 November, 1975, but it was short-lived. Nine days later, the Indonesian military invaded and Fretilin became the underground party of resistance. Now, three weeks before East Timor's first election, the country's largest political party is already confident of an overwhelming victory.

Crowd at rally: Viva Fretilin! Viva the East Timorese people! Fretilin's leaders address a rally in the district capital of Suai, a 10-hour drive south of Dili.

Rogerio Lobato at rally: Fretilin are the people, the people are Fretilin. All the leaders of Fretilin died during the war.

In 1975, Fretilin took power after a brief civil war. Now, it must rely on the ballot and compete for votes with 15 other parties. But Fretilin is convinced that its 24-year struggle for independence gives it an absolute mandate to govern.

Mari Alkatiri, Vice-President of Fretilin: Who will be the government of an independent East Timor? Fretilin. There is no other. So be careful.

Mari Alkatiri is vice-president of Fretilin and one of the few remaining leaders from the 1975 generation. He still embraces the party's former militancy. When we arrive in Dili, comrades, we all want 100%. 100%. So all 88 seats belong to us. On the 30th, we'll go to the vote. On the 31st, comrades, this is no joke, it's serious ... we'll all go out, broom in hand, or with other things, to clean our city, to clean our village, to clean our district and sub-district. To show that Fretilin has won ... and wants to start a new life. Alkatiri's boast will reverberate throughout the election campaign.

Mari Alkatiri: Thank you, comrades.

Politics has often meant killing in Suai -- around 200 people died in the grounds of this church in 1999 -- victims of the Indonesian military. Talk of a clean-up or sweep-out confuses and frightens many of the East Timorese. They used to hear the Indonesian military talk this way, with deadly consequences. International observers have arrived in Suai to ensure the election is carried out peacefully.

Adriano Do Nascimento, candidate for the Democratic Party: If you all are in Fretilin, how can we tell to you that we want you to have a democracy?

Adriano Nascimento used to be a member of Fretilin, but he's now a candidate for East Timor's newest party, the Democratic Party, or PD. He's a popular local leader who helped organise the campaign for independence.

Electoral observer: If there is intimidation by the opposition party?

Adriano Do Nascimento: Well, it's really not intimidation, but people are afraid, because people cannot translate what does it mean. I think you know, like sweep-out. Yes. Sweep-out, clean up. Yeah. So people are asking, what does it mean?

Constancia de Jesus is a Fretilin candidate from Suai. She's a mother of seven who has to organise her household with great care before she can begin to campaign. She expects the men, as well as the women, to help out. Her husband is the exception.

Filomeno Gomes, husband: I don't cook. I never cook. My wife does the cooking.

Reporter: You don't cook, sir?

Filomeno Gomes: I don't know how to.

Reporter: Why?

Filomeno Gomes: I'm not used to it. I'm not used to cooking.

Constancia De Jesus: In the future it would be good to be able to say that if women have equality, then men should be able to cook and participate in women's activities. So the men should do women's work. Women should also do men's work. They're also capable of farming...

Filomeno Gomes: It's not right yet for East Timorese women to say that.

Reporter: It's not right?

Filomeno Gomes: No. Women are women and men are men.

Reporter: But sir, your wife is standing for parliament. Is that right?

Filomeno Gomes: Yes, it is. She is a candidate for the Constitutional Assembly. Right.

Reporter: And after that she can become a member of parliament? Is that right?

Filomeno Gomes: Yes. To become an MP is to make legislation. To make the "mother law" for East Timor. Not to claim their rights. Women's rights are this, men's rights are that. To be in the Assembly is to make legislation. So what kind of legislation will be made for Timor? And those are my views. Thank you.

Constancia De Jesus: Twit. You just talk nonsense.

Filomeno Gomes: Since I married you, have I ever made you suffer? I recognise your rights. Women are women, men are men. According to our custom, we respect women more. More than men. Why would other countries think differently? Women have always been the owner of the house. Some of the women who become candidates just talk nonsense. For many years, Constancia was a leader in the underground resistance.

Constancia De Jesus: This is an historic land and is truly sacred. Fretilin has had a well-established program for the past 25 years. Its program consists of social welfare, development, schools, hospitals and so on. It's all included in the Fretilin program. Constancia is well known in communities throughout this district, a remote mountainous area close to Indonesian West Timor.

Constancia De Jesus: My fellow women, it's true that we women have the same rights as men. But those of us in the Fatumea area, in this traditional place, our rights cannot go beyond tradition. Our rights cannot go beyond tradition. If we are capable, we can become administrators of Suai. Because not only men have those rights. Women also have a right to that position. Women also have the right to govern. Not just men. This is called "rights". That's all I want to say. Thank you and I apologise if I have offended anyone, especially old mothers and all the old men. I apologise if I offended anyone. Thank you.

Many of the refugees who fled the militia violence in 1999 have returned to their villages. One of the new government's biggest challenges will be to provide them with adequate housing.

Constancia De Jesus: This is an emergency. The coordinator has to provide materials to house all these people. These huts will be dangerous in the rainy season. After I get to Dili, I will ask the area coordinator what he intends to do next.

First man in village: The international community has given us help, such as tin to build shelters, but what happened? It was distributed by those in charge, to their own relatives. While they build houses, we are given nothing. It's sad.

Constancia De Jesus: So in this situation, they didn't give you any tin sheets?

Second man in village: Look around, some of our people have just returned from refugee camps in West Timor. They have no shelter. I just made this simple grass hut and invited them to stay with us.

Constancia De Jesus: Those materials have been donated to help those in need, not to be given to those who can afford to buy them. So we are not working for our own families, but to help the poor, we have to look after them. Driving past and ignoring the poor is not right.

Adriano, the local Democratic Party candidate, knows there is enormous wealth here. Just offshore from Suai -- the oil and gas fields for the Timor Gap. The proceeds from this resource, hundreds of millions of dollars in royalties, will need to be well managed if they are to pay for East Timor's future. But Adriano is just as concerned with East Timor's past, its traditions.

Adriano Do Nascimento: We can see there -- the sacred place of your ancestors is there. In the ocean, the middle of the ocean. When they had their ceremonies, they used to come here and go out on the sea and throw betel nuts into the water. Adriano and his wife Clara are expecting their first child in a couple of weeks time.

Democratic Party member: Good afternoon to my aunties and uncles, brothers and sisters. Listen, look, and follow carefully. The Democratic Party is not forcing you or threatening you. It tells the truth. Look at what is true. Aunties and uncles, brothers and sisters, wait here tomorrow morning. The car will pick you up to go and listen to the program which the Democratic Party has prepared.

The Democratic Party was formed only two months ago. Many of its supporters are young and looking for an alternative to Fretilin. The East Timorese are not used to party politics. People here are reluctant, even afraid to speak out and Adriano invites the party supporters to question their leaders.

Adriano Do Nascimento: If you are scared to vote, scared to choose, ask them. If you're worried we will have to run away, ask them. If we're all feeling small and don't know much about politics, ask them, not me. We will give you time. If you are scared, ask them. That's all I want to say. When they speak, ask them. And I will also ask as I'm scared too.

Man: Many parties say that if you become a member of another party, your children won't get any education and your rice won't be sold. Where will you go? That's all I want to say. Thank you very much. Many people in Suai were scared by Fretilin's talk of a "clean-up" at its rally here a few weeks ago.

Lorenco Vicente Da Cruz: My name is Lorenco Vicente da Cruz. We don't understand what this clean-up means so we want an explanation directly from you. The war is over, but they still use the word "clean-up". We still don't understand.

Fernando De Araujo, President Democratic Party: Before, in the words of '75, the word "clean-up" meant to finish with all those who didn't share their ideology, who didn't agree with their politics. Now we can all say that we can accept and tolerate what happened because of their political immaturity and inexperience. After that time, we all had to learn. We believed that they had learnt more, but today they still have the same attitude, and that's no good.

Mariano Sabino Lopes, Secretary-General, Democratic Party: Kay Rala Xanana Gusmao told us in Los Palos "The Democratic Party is yours. Democracy is yours, freedom is yours. Don't be afraid if someone threatens you." Our big brother Xanana Gusmao will be with you, with the UN forces and East Timorese Army and will hunt them from the mountains to the oceans. Whoever is to drown, let him drown. Whoever created ... We've kicked the Indonesians out of here. We've kicked the enemy out of here. But we continue to use its words, its behaviour to intimidate and frighten the people. Just like the Indonesian military, like Kopassus. Let it happen. If it has to flood, let it flood.

Constancia has already spent more than a week campaigning away from home. Tonight, she's staying at her sister's house in the small village near the Indonesian border.

Constancia De Jesus: Today we have to show how we can create real democracy in East Timor. We should have numerous parties. One will be in power and if it can't look after the people or do the job, we can choose another party. In five years time we can choose another party because this one is no good. That's why we have different parties. Their existence will not cause more killings or force us to flee. It is not for the party members to come here and threaten you by saying "If you don't follow us, you will all be killed." No more threats. It's not like that. Democracy means everyone has the right to choose -- freedom of choice. But especially this year, our first year of independence, we will choose Fretilin, because only it knows what suffering people have endured for more than 20 years. Only Fretilin can tell.

Man: From 1975 until 1999, we have been dying for no other reason than Fretilin, for the Fretilin flag which has been raised here. During those 24 years many people have suffered, in the bush, sleeping out in the rain, under the trees, in the mud. They suffered for Fretilin. People in other parties, like UDT or APODETI, didn't suffer.

It's 8 o'clock in the morning on election day in Suai. A few hours ago, Adriano's wife went into labour. REPORTER: Are you thinking about your wife at the moment?

Adriano Do Nascimento: Yes, I really do. My father too. My father cannot come and vote for me and my wife also cannot come and vote for me. So, I think I lose two voters, just because my father is sick, and my wife maybe will give birth - that's why they couldn't come. Despite being in labour, Clara is determined to vote.

Reporter: Are you going to vote?

Clara Maria Tilman, wife: Yes, now, because the afternoon's not good.

Reporter: Does Adriano want you to go?

Clara Maria Tilman: Yes. But he wants to go in the afternoon. I want to go right now.

UN electoral official to Clara: Now sister can go there. If you're not feeling well, go over there. You can go straight to number three.

Clara has been in labour for almost 30 hours, and Adriano's family are preparing to take her to the hospital in Suai. It's not unusual for women to die in childbirth here. There's no midwife in Adriano's village, and there are few cars.

Adriano Do Nascimento: I'm glad she's given birth. Looks like her mother.

Man: The 31st of August she was born. Yesterday would have been better.

Woman: Yesterday she forced herself to vote. She even had labour pains.

Man: Even in pain she went to cast her vote. The baby was born at exactly the same time as the "clean-up".

Fretilin is celebrating its victory, but the festivities are low key. This was not the clean sweep party leaders had promised. Fretilin has won 43 seats -- 60% of the total vote. Constancia's position on the party list was 43, making her the last Fretilin candidate into the constituent assembly. The Democratic Party has won 7 seats, making it the second largest party. Adriano wasn't elected, but he has bigger things on his mind.

Adriano Do Nascimento: It's unbelievable, the process, you know, and I was sad to see my wife's face, you know, at the time she was trying hard to give birth, and the nurses encouraged her -- "Keep going, keep going, Clara, come on, so I just lay down my head on her head, and just pray I win the election! I win the election. Why? Because it is also your election, you know.

Reporter: Why?

Adriano Do Nascimento: When my wife give birth, it was also election between death and life ... so I win. Hopefully, my girl will be powerful in following me.

Labour struggle

Saying `Long live the workers' gets you a prison sentence

Green Left Weekly - February 27, 2002

Max Lane -- Normalinda, an activist from the Indonesian National League of Students for Democracy (LMND) and Fransiscus "Black" Farneubun, an activist from the Peoples Democratic Party (PRD), were each sentenced to three months in prison by a Bandung court on February 7.

Normalinda and Black were arrested on June 13 with 10 other activists. They were leading a demonstration of tens of thousands of workers demanding the repeal of a new labour regulation which would abolish most redundancy payments. The other 10 defendants expect their sentences to be handed down this week.

In the judge's summing up, he found that Normalinda was guilty of causing a public disturbance by crying out: "Long live the workers!" He claimed it was this cry that lead to a clash between workers and police.

Lawyer Habib Rahman from the Peoples Legal Aid Institute (LBHR) accused President Megawati Sukarnoputri's government of being more extreme than General Suharto's regime because it bought to trial activists charged with small incidents.

"These activists were also imprisoned and tortured for months", Habib Rahman told Green Left Weekly. Rahman pointed out that there are still two leaders of the Indonesian National Front for Labour Struggles (FNPBI) on trial in Semarang in Central Java.

In Surabaya, the trial of Eusebius Purwadi, the head of the East Java PRD, is also proceeding.

Aceh/West Papua

200 GAM members killed in 2001: Military

Jakarta Post - February 25, 2002

Jakarta -- No less than 200 members of the Free Aceh Movement (GAM) were killed in armed contacts with the Indonesian Military (TNI) troops within the Teuku Umar Military Resort Command jurisdiction in 2001, a military officer claimed on Sunday.

Spokesman for TNI's operation command for peace restoration in the Nanggroe Aceh Darussalam province Maj. Ertoto said as quoted by Antara that the TNI personnel also managed to arrest 250 people believed to be members of the separatist group.

The jurisdiction of the Teuku Umar military command in Aceh covers the districts of Sabang, Banda Aceh, Aceh Besar, Simuelue, Aceh Barat, Aceh Selatan and Singkil.

In addition, at least 1,600 people from the rebel group have surrendered themselves to government authorities since the implementation of Presidential Instruction No. 4/2001 on the security restoration operation in Aceh, Ertoto claimed.

Meanwhile, villages which previously ran only about 20 percent of their administrative activities can now carry out up to 70 percent of their routines while activities in sub-district administrations have now turned to normal, he said.

The spokesman also claimed the frequency of GAM's activities in a number of areas was also reduced, and many people now "enjoy a normal life".

In the latest action, five more people, including a woman, were killed in ongoing skirmishes between government and separatist forces over the past few days, residents and GAM said on Sunday.

In North Aceh, two unidentified gunmen shot dead a teacher on Saturday, residents said as quoted by AFP.

The body of an unknown man, with gunshot wounds, was found with his hands tied behind his back in South Aceh on Saturday, a humanitarian activist said.

Unidentified gunmen also shot dead a housewife who was on her way home after attending prayers for the Idul Adha celebration on Friday, residents told a local journalist.

Another man was wounded by gunshots when he attempted to run away when hailed by a police patrol on Friday, the local police chief, First Insp. Junaidi said.

In East Aceh, two gunmen shot dead one pedicab driver on Thursday, residents said.

A spokesman for the separatist Free Aceh Movement (GAM), Ishak Daud, said government troops conducting a sweep in East Aceh, shot dead a village chief on Friday. They also arrested three civilians whose fate remained unknown.

The military or police in East Aceh could not be immediately reached for confirmation.

Seven killed in latest violence in Aceh

Jakarta Post - February 26, 2002

Ibnu Mat Noor, Banda Aceh -- At least seven people have been killed in the latest spate of violence since Friday in the restive province of Aceh, local authorities said on Monday.

Four of the victims, including policeman First Brig. Faisal, were shot dead from Friday through Sunday in Sanggeu village, Pidie regency. Pidie Police chief Adj. Sr. Comr. Sunardi blamed the separatist Free Aceh Movement (GAM) for the deaths. Rebels also killed three villagers -- Bakhtiar Abdullah, 50, Syafiie Hanafiah, 50, and Muhammad Diah, 40 - - in Meureudu subdistrict, Sunardi added.

Pidie GAM spokesman Abu Razak denied the accusations. "We stayed in the camp to commemorate Idul Adha [Day of Sacrifice] with our families. So how would it have been possible for us to kill others?"

Another victim was 40-year-old Musnaini Sofyan, who was shot dead on Friday by two people on a motorcycle in Paya Cut village in Peusangan subdistrict, Bireuen regency. The attackers took Musnaini's motorcycle and her gold jewelry, according to an eyewitness.

Abbas, a 50-year-old resident from Pulau Kayu village in Blang Pidie subdistrict, South Aceh, was killed in a separate incident on Saturday.

On Sunday, the body of 38-year-old Bakhtiar was found with shot wounds in Paya Lipah village, Peusangan subdistrict in Bireuen. Ali Rasyid, a volunteer with the local Red Cross office, said the body had been taken to his office.

An estimated 10,000 people have been killed since GAM began to fight for a free Islamic state in 1976. Two hundred have been killed this year alone. In 2001, security forces killed at least 200 rebels and arrested some 250 others, the military has said. Rights activists claim that least 1,700 people were killed in Aceh last year.

Student leader arrested

Green Left Weekly - February 27, 2002

Max Lane -- The chairperson of SMUR (Students in Solidarity with the People), Mahmudal, was arrested in Banda Aceh on February 19 during a demonstration organised by ORPAD (Acehnese Women's Democratic Organisation).

SMUR is an affiliated organisation of the Acehnese Peoples Democratic Resistance Front (FPDRA). FPDRA chairperson Kautsar was imprisoned last year for six months on charges of spreading hatred against the Indonesian government. The charges were later dismissed.

Mahmudal had entered the compound of the governor's office to watch the demonstration and listen to the speeches protesting widespread corruption and price increases. He had left his identity card, as requested, at the security post at the gates. After a while, he went back to the security post to retrieve his identity card, but as he was leaving the post, several members of the mobile brigade police, Brimob, grabbed him. Other Brimob members started to beat him when he tried to pull free. He was then taken back to the security post.

Some of the people attending the demonstration report that another man, identified as Ustadz Syarifuddin, who attends the Muslim Theology Faculty of Ar-Raniry college, was also taken into custody by the same Brimob unit. Mahmudal was taken to the Banda Aceh police station.

Corporate globalisation

Political stalemate hampers banking reforms: Moody's

Agence France Presse - February 26, 2002

Jakarta -- A political stalemate and lack of legal certainty are hampering efforts to reform and restructure Indonesia's banks, Moody's Investors Service warned Monday.

The global ratings agency said the banks' financial strength ratings have seen a modest recovery due to recapitalisation, intensive restructuring, upgrading programmes and tighter regulation.

But it said in its annual report on the country's banking system that the ratings "remain hostage to a largely unfavorable operating environment, low economic capital and potentially volatile earnings."

The New York-based agency said the outlook for the ratings is stable. But it said that at an average of a "very modest" E+, in the short- to medium-term they continue to be determined "largely by political considerations."

It cited a wide range of conflicting political and social agendas which has led to policy stalemate that is stifling progress in reform and restructuring. The lack of legal certainty also hampered operations and undermined creditor protection.

Moody's said that political stalemate had also adversely affected investor sentiment, resulting in a weaker rupiah which threatens the viability of a number of debt restructuring exercises that have already been completed, with negative implications for bank asset quality.

"Possibly, one of the most important catalysts for change in Indonesia's banking system may be increased foreign ownership in Indonesian banks. The forthcoming sale of a majority stake in Bank Central Asia will serve as a litmus test as to the feasibility of such a development," it said.

Indonesia is in the process of selling its majority stake in the country's largest retail bank, Bank Central Asia. British-based Standard Chartered is among the leading bidders but the sale has attracted opposition from politicians and bank employees.

"Longer term, if political and social stability prevail, Indonesia's banking market offers the potential of attractive margins, which could help banks attract fresh capital and rebuild their financial strength relatively swiftly," said vice-president Patrick Winsbury, the report's author.

Moody's said the outlook for Indonesian bank deposit ratings is largely stable at the sovereign ceiling of Caa1 because of the government guarantee which is expected to remain in force until July 2003.

'War on terror'

Indonesia loath to take the rap

Far Eastern Economic Review - March 7, 2002

John McBeth/Jakarta and Murray Hiebert/Washington -- Two-and-a- half years after Indonesian troops and local militias went on the rampage against pro-independence voters in East Timor, it is not clear whether Jakarta's top military brass is ready to accept responsibility for the bloodshed. Until that happens, the United States will find it difficult to draw an already reluctant Indonesia into its war on international terrorism. "We just haven't decided how to move forward and even after we make up our minds, Congress will have a lot to say about what will actually happen," says one senior Washington official.

It's not as though the generals are not aware of the importance of accountability. H.S. Dillon, a member of the Indonesian Commission on Human Rights, recalls meeting a group of senior officers in September 1999, days after the death and destruction in East Timor that outraged the world and prompted the US Congress to adopt legislation barring military ties with Jakarta. "There has to be some form of damage control," he told them earnestly. "If you think these actions won't have a cost, you're dreaming."

Today, human-rights trials for those responsible for the rampage remain the only significant obstacle to the resumption of military ties. But even with specially legislated ad hoc courts finally in place to try the handful of Indonesian officers, militiamen and civilian officials indicted so far for genocide and crimes against humanity in the former Indonesian province, the army apparently still needs convincing.

Even if the military leadership does decide to sacrifice one or two generals, diplomats say it will still be up to the US Congress-and probably the United Nations too-to judge whether Indonesia has gone far enough on the general issue of accountability.

Let off the hook

The signs aren't good. For example, many are angered that former armed-forces commander Gen. Wiranto and his then representative in East Timor, former military intelligence chief Maj.-Gen. Zacky Anwar Makarim appear to have been let off the hook for what happened in the territory. The government, moreover, clearly worried about setting a precedent, won't consider extraditing 17 low-ranking suspects to face trial by an international tribunal in East Timor for crimes against humanity.

The military has also raised hackles at home by turning its back on an investigation by the Commission on Human Rights into the sniper killings of four students at Jakarta's Triskati University-the incident triggered bloody riots in May 1998 that left 1,500 people dead and led to the resignation of former President Suharto. To rub salt into the wound, the officer who presided over those events, Maj.-Gen. Syafrie Samsuddin, was recently appointed military spokesman.

This leaves the US in a dilemma over how to engage the Indonesian military on counter-terrorism. The US Pacific forces commander, Adm. Dennis Blair, says there is a "continuing policy review" under way to figure out how to work with not only the army, but with the police and other security forces. "We all sort of fall into talking about congressional restrictions on our policy, but that's not a really accurate way to talk about it," he tells the REVIEW. "It is our policy. We will deal with the Indonesians in a certain way because of the interests we have and the things we expect of them."

The longer the situation drags on, however, the more Jakarta could become isolated. Both the No Safe Harbour bill before Congress and the recent expansion of the multinational Financial Action Task Force's mandate to tackle terrorist financing, as well as related money-laundering activities, promise tough new economic and travel sanctions on nations that don't cooperate. Using a baseball analogy, a US law enforcement officer says: "We can't even find them [Indonesia] in the dugout, let alone stepping up to the plate."

American, Malaysian and Singaporean officials, including Singapore Senior Minister Lee Kuan Yew, have all referred to Indonesia as the weak link in the region's crackdown on Islamic extremists. Lee's assertion that terrorists remained free in Indonesia's vast archipelago angered the government and triggered protests by hardline Muslim groups in Jakarta.

The Indonesians, for their part, insist they don't have the evidence to act against radicals like Muslim cleric Abu Bakar Bashir, 63, the alleged founder of Jemaah Islamiah, a regional extremist group and suspected conduit for Al Qaeda financing since the late 1990s. Bashir denies he is part of the Al Qaeda terrorist network. But Jemaah Islamiah's alleged operations chief, fugitive Indonesian national Riduan Isamuddin, has been directly linked to the September 11 terrorist attacks in the US and the October 2000 bombing of the US destroyer Cole in Aden. And a third Indonesian, Fathur Rohman al-Ghozi, has been in Philippine custody since January for his alleged involvement in a December 30, 2000, Manila train-station bombing that killed 22 people. He too has been linked to Jemaah Islamiah.

All this worries US policymakers, who feel that bringing the world's most populous Muslim country on board is important in the effort to roll up Al Qaeda and Southeast Asian Muslim militant networks that have been identified by governments in recent years, such as the Jemaah Islamiah, Abu Sayyaf in the Philippines and the Kumpulan Militan Malaysia.

But while senior US officials believe some of Indonesia's top military officers want to take a more active part in the counter-terrorist campaign, they say President Megawati Sukarnoputri doesn't have the political will to seriously tackle the issue. She fears it will antagonize the Islamic parties in her fragile coalition.

Indonesia has, however, been making some effort to improve its human-rights record. Three militiamen accused of the September 2000 murder of three United Nations aid workers in the West Timor border town of Atambua recently had their jail terms increased from between 10-20 months to between five and seven years. The military also appears to have made some progress in sensitizing soldiers to dealing with the civilian population, particularly in the secessionist northern Sumatran province of Aceh.

All the same, human-rights advocates worry that recent parliamentary backing for the military's opposition to investigations into the Triskati incident and the shooting of student protesters on two other subsequent occasions could influence the outcome of the East Timor trials.

"There's a sense of resistance that may cloud the tribunals in a way that lessens the [international] pressure on the courts," argues Marzuki Darusman, a former attorney-general who sits on the Indonesian Commission on Human Rights.

Leahy's tough line

But US Democratic Senator Patrick Leahy, who sponsored the 1999 bill that cut military ties with Indonesia, is in no mood to allow the war on terror to sideline human-rights cases and what he considers to be other key foreign-policy objectives such as rule of law and military reform. And that, he has made clear, includes accountability for past actions. "Senior officers in the Indonesian military were responsible for orchestrating the slaughter and destruction in East Timor," he tells the Review. "It is imperative they be brought to justice."

State Department officials acknowledge that a provision in this year's defence appropriations bill, which seeks to include the Indonesian military in a $21 million regional counter-terrorism programme, is not the loophole it first appeared to be. In fact Leahy and his supporters have said they are unhappy at what they consider to be efforts by Blair and other defence officials to find a way around the military-to-military ban.

Blair downplays his differences with Leahy. The executive and congressional branches have the same goals, he insists, but differ at times on how to get there, particularly on when to use carrots and when to use sticks. Asked if congressional restrictions hamper the ability of the US to fight terrorism, Blair says: "I don't know yet because we have not really worked out all of those aspects on the post-September 11 period."

Channelling money to the Indonesian police would be one way around the problem, but it would take time to bring the poorly equipped and poorly trained force to the point where it could form the nucleus of a new indigenous counter-terrorism agency. Moreover, bypassing the military would likely exacerbate the testy relations between the police and the army. It might also put current intelligence-sharing between Indonesia and the US at risk, given that the military has the only real database on Islamic extremists.

In the meantime, concern has mounted over the implications of the No Safe Harbour bill tabled by Republican Congressmen Lindsey Graham, a Gulf War air-force veteran and member of the armed- services committee, and Porter Goss, a former Central Intelligence Agency undercover operative and current chairman of the select committee on intelligence.

Tabled in late January, the proposed legislation prescribes economic and travel embargoes on nations that fail to extradite terrorist suspects, allow fund-raising for terrorist activity or refuse to cooperate in intelligence-gathering.

The Financial Action Task Force, a grouping of 28 industrialized nations, has also ratcheted up the pressure by issuing new financial standards to combat terrorist financing. Indonesia is already on the task force's blacklist for failing to pass important money-laundering legislation, which has languished for months in parliament while politicians engage in domestic power games. As in many other areas, the persistent failure of the Indonesian government to appreciate international concerns may signal even more trying times ahead.

Jakarta: Singapore is too authoritarian to understand us

Straits Times - February 25, 2002

Devi Asmarani, Jakarta -- Singapore's 'authoritarianism' is at the root of a dispute with Indonesia over how to deal with alleged terrorists, says Indonesian Foreign Minister Hassan Wirajuda.

In a critical jab likely aimed at his domestic audience, Mr Hassan told The Jakarta Post in an interview on Saturday that Singapore's "authoritarian" government found it hard to understand Indonesia's reluctance to adopt its approach in fighting terrorism.

The reason was a difference in their approaches, he said, which was rooted in their respective state systems -- "one based on democratic pluralism and the other on authoritarianism".

He said: "Our point of view is that in a democracy, everything should be done through clear legal processes. Authoritarianism is something that is already behind us -- as our stance is clear in eliminating any subversive elements in the country."

But, on a conciliatory note, Mr Hassan welcomed Singapore's offer to facilitate direct investigations by Indonesia to confirm that links exist between two Indonesian suspects and members of the Jemaah Islamiah (JI) terrorist group in the Republic.

He added, however, that Indonesia should be left to take its own course of action. "The burden of proof is on them -- please give it to us, and we will cooperate," he said.

His statement follows similar comments by other Jakarta ministers and politicians who reacted defensively to Singapore Senior Minister Lee Kuan Yew's remark last week that terrorist suspects were at large in Indonesia. A Foreign Ministry source said Mr Hassan had complained that because the remark came from Mr Lee, it did even greater harm to bilateral ties.

The country's tourism industry also took umbrage at Mr Lee's remarks, expressing concerns that the perception that Indonesia was a haven for terrorists would further hurt an industry already suffering from a decline in visitors.

The head of the Association of Indonesian Tours and Travel Agencies (Asita), Ms Meity Robot, was quoted by the Antara news agency yesterday as saying: "The allegation will become a serious threat to our tourism business." She said tourism had already been hit by the protracted political and economic crises. Several countries had not lifted travel advisories for Indonesia, she added.

The head of the Indonesian Hotel and Restaurant Association (IHRA), Mr Yanti Sukamdani Hardjoprakoso, said: "Singapore's accusation might discourage foreign partners from promoting Indonesian tourism abroad."

A major hotelier told The Straits Times there had not been significant changes in the number of visitors since Mr Lee's remark was made last Sunday. But he said in the long run, it might dissuade Singaporeans and visitors from neighbouring countries from travelling to Indonesia.

Government & politics

Amien Rais: I'm quitting as party chief

Straits Times - March 2, 2002

Devi Asmarani, Jakarta -- National Assembly Speaker Amien Rais has openly declared that he will quit the leadership of the National Mandate Party (PAN) in a move seen as a public relation gimmick to pave the way for him to contest the 2004 presidential election.

His pronouncement, which followed mounting calls for state officials to relinquish their party positions, sets clear his ambition as he joins a number of candidates for the presidential election.

So far, the most likely candidates include President Megawati Sukarnoputri, Vice-President Hamzah Haz and Parliament Speaker Akbar Tandjung, all of whom are chiefs of their respective parties. Justice and Human Rights Minister Yusril Ihza Mahendra, who also heads the Crescent Star Party, may join the presidential fray as well.

Mr Amien's proposal to end his party leadership may help set him ahead of his political rivals, who have been under fire for their unwillingness to give up their party posts. He told reporters recently: "I'm not joking about my plan to give up my position in the party. Give me one or two weeks to share this idea with my colleagues and there will be a decision."

But his proposal has met with objection from within his own party. PAN legislator Alvin Lie told The Straits Times: "Amien has officially told PAN central board of his plan and we think he is serious about it. But because the decision will have wider implications for the party, we will decide whether or not to accept it in a meeting with chiefs of provincial and regional party chapters on Sunday," he said.

Mr Alvin said most of the party executives did not support Mr Amien's proposal as they thought the party still needed him as a leader. "We do not want our party to rely too much on one figure, but we do think that PAN is not mature enough to survive without a strong leader like him."

He said his party was also concerned that Mr Amien's plan to resign might trigger a major shake-up in the regional and central leadership level. "Several of PAN party chapters chiefs also hold official posts in the lower level of the government, some are either mayor or local legislature speaker. Ethically, these people would have to give up their party positions too if Amien does. This would take up our energy and money, as we will have to hold party congress to elect new leaders."

But political analyst Rizal Malaranggeng dismissed Mr Amien's move and his party's seeming reluctance to let him go as "cosmetics" aimed merely to bolster his popularity. "Amien is riding on the anti-dual political role sentiment -- he wants to seize the momentum to reinforce his image as reformist leader," he said.

And even if he did resign, Mr Rizal believes that he will still have a strong control over PAN. He said he saw nothing wrong with state officials doubling as party executive. In other more developed democracies, this practice is allowed, he said, adding that "power abuse could be done by any official".

He noted that in the past administrations, former president Suharto, Mr B.J. Habibie and Mr Abdurrahman Wahid also controlled their political parties. But they were not officially the chiefs of their parties.

Fire lazy civil servants: Minister

Jakarta Post -- February 25, 2002

Jakarta -- Civil servants who are absent for 12 days consecutively without notice must be fired, according to State Minister of Administrative Reforms Feisal Tamin.

"If no harsh measures are taken against them, it's not good enough," Feisal said in a meeting with West Nusa Tenggara officials in Mataram on Sunday evening. West Nusa Tenggara Governor Harun Al Rasyid, a number of top provincial officials, councillors and religious leaders attended the meeting.

The minister said at the meeting that heads of state departments and agencies had to reprimand their subordinates, who were often absent without permission.

If civil leaders did not know if their subordinates were absent for 12 days or more consecutively without notice, those leaders had to be dismissed too. The minister also said that governors and regents also had to be monitored, at least once every six months, to find out if they really worked or not.

He did not specify exactly who should monitor governors and regents. Governors and regents are under the supervision of the Ministry of Home Affairs.

"Our country is currently sick. If civil servants, governors and regents work as they like, this country will go to the dogs," he was quoted by Antara as saying.

He said Indonesia currently had around four million civil servants, insufficient to serve some 210 million people. Ideally, Indonesia needed at least five million civil servants, or 2.5 percent of the total population. With such a below-par number of civil servants, he said, they and government officials had to be dedicated to serve the nation.

It was not clear, however, if Feisal's statement would be followed by a directive or even a ministerial decree aimed at improving the performance of civil servants.

Previously, Feisal announced the government's austerity program and the directive for officials to lead more modest lifestyles. The program included limitations on the use of paper and telephones in offices. State officials were also asked not to wear suits.

The program was met with enthusiasm in the beginning, when it was introduced in late December, but not long after that, it was already being ignored by state officials.

Hackers ridicule MPs on assembly website

Straits Times - February 26, 2002

Robert Go, Jakarta -- Hackers forced the temporary closure of the website of Indonesia's highest legislative assembly yesterday after plastering it with sarcastic messages alleging its members were corrupt and out of touch with the crises facing the country.

A group calling itself HiddenLine attacked the MPR website early yesterday and succeeded in delivering "commentaries from the little people who love Indonesia" aimed at the nation's MPs.

The hacked page carried sarcastic dialogues on several topics, ridiculing, among other things, the MPs' plan to give themselves wage raises, the government's failure to settle several human- rights cases and the poor asset disposal by the restructuring agency Ibra.

One passage quoted former president Abdurrahman Wahid, who criticised the government for not paying attention to poverty and education while "giving rise to a new generation of thieves". But the hackers also took potshots at Mr Abdurrahman, ridiculing his habit of falling asleep in his chair during Cabinet meetings and formal events at parliament.

Indonesian police, when contacted, were not aware of the cyber crime committed against the nation's highest legislative body. The Web address displayed test pages when visited late yesterday in a sign that at least the MPR's Web administrators were taking the problem seriously.

A Web search revealed that a group of hackers by the same name has "defaced" at least 48 public sites based in Indonesia and elsewhere in Asia.

Some 170 parties register for election

Jakarta Post - February 28, 2002

Nusa Dua -- Around 170 political parties have so far registered with the Ministry of Justice and Human Rights to contest the 2004 general election.

Minister of Justice and Human Rights Yusril Ihza Mahendra said here on Wednesday that most of the parties registered for the last election in 1999 were on the list.

"We have accepted all parties which complied with the procedures. A group of 50 people can go to a notary public to establish a party, and we will just check the legal documents before formally recognizing their existence in the state gazette," Yusril said.

The selection of parties eligible to contest the 2004 election would be made after the amendment of Law No. 2/1999 on political parties, which was currently underway in the House of Representatives.

The bill being discussed increases the threshold for a political party to 10 percent of the vote, which would consequently restrict the parties contesting the 2004 election to only five: the Indonesia Democratic Party of Struggle (PDI Perjuangan), Golkar Party, United Development Party (PPP), National Awakening Party (PKB) and National Mandate Party (PAN).

The rest will have to form coalitions or merge into newparties to make them eligible to stand in the election. As many as 48 parties contested the 1999 general election.

Vested interests mar amendment of Constitution: NGO coalition

Jakarta Post - February 28, 2002

Kurniawan Hari, Jakarta -- Activists from various non- governmental organizations (NGOs) renewed on Wednesday their demand for an independent constitutional commission in place of the People's Consultative Assembly (MPR) which they deemed incapable of amending the 1945 Constitution in accordance with democratic reforms.

They claimed that amending the Constitution, which was done three times recently, had failed to accommodate people's aspirations, as it was only in the interest of the politicians.

The criticisms were aired at a hearing between the Coalition of NGOs for a New Constitution and the Assembly's ad hoc committee in charge of constitutional amendments.

"The MPR has amended the constitution three times, but the process was full of shortcomings. Therefore, we are pushing for the next amendment to be different," said legal advocate Bambang Widjojanto. The MPR made amendments to the Constitution in October 1999, August 2000 and last October.

Bambang said an independent commission, if given the job to formulate the amendment, would be better suited as they would be free from ulterior motives. The coalition aired similar demands last October, but MPR turned a deaf ear. Underscoring his criticism, Bambang added that the whole process in the previous amendments lacked a frame of reference, which had resulted in less than effective changes.

Also present at the hearing were Smita Notosusanto and Hadar Gumay of the Centre for Electoral Reform (Cetro), Munir of the Indonesian Legal Aid Foundation (YLBHI), Teten Masduki of Indonesian Corruption Watch (ICW), Sandra Moniaga of Huma and several other activists.

The hearing was part of series of meetings started in early February. It was part of the ad hoc committee's efforts to seek public input to appease citizens who are wary of back-room political deals influencing the process rather than a long-term viable amendment consistent with the reform agenda begun in 1998.

After the hearing, the 45-strong ad hoc team will present their views, but the final decision rests solely with the Assembly. The ad hoc committee will have to finish the amendment process in August, when the Assembly legislators convene for the Annual Session. The committee is amending at least seven articles, including a crucial article on religious issues.

J.E. Sahetapy, a scholar turned politician, said the criticism reflected the thoughts of intellectuals. "I will appeal to my fellow politicians to follow up on the ideas the activists have submitted," said Sahetapy a member of the ad hoc committee representing the Indonesian Democratic Party of Struggle.

In the last three phases of the process, the ad hoc committee will set up a forum of consultation with a team of experts before putting the final touches on the amended articles.

Many have suspected that the team of experts comprised figures who have close links to political parties and may not therefore be totally objective.

Sahetapy shared his concerns on the quality of the discussion taking place in the consultation meetings with the experts. "Well, it was more or less like a chat in a cafe," he told The Jakarta Post.

Corruption/collusion/nepotism

Former Bulog chief arrested

Straits Times - March 2, 2002

Jakarta -- Indonesian prosecutors have arrested and jailed former trade and industry minister Rahardi Ramelan for his alleged involvement in a US$3.8 million fraud case.

Mr Rahardi, who is also the former chairman of State Logistics Agency (Bulog), was a suspect in the case involving misuse of funds from the agency.

He was taken to the Cipinang high-security jail on Thursday afternoon, according to his lawyer Mr Yan Juanda.

He said Mr Rahardi's detention was based on "arguments from prosecutors that my client would destroy evidence or he might flee the country". He had been charged with "acts of corruption" and would be detained initially for 20 days while prosecutors worked to prepare trial documents.

Mr Rahardi, quoted by the state Antara news agency before being taken to jail, said he accepted the arrest "even though I'm shocked and confused".

He is the only suspect to have been detained by prosecutors in the case. Other suspects, including House of Representatives (DPR) Speaker Akbar Tandjung, are still at liberty.

The case concerns the alleged embezzlement of 40 billion rupiah (S$7.2 billion) in Bulog funds, during the administration of President B. J. Habibie in 1999. The money was meant to have been used to feed the country's poor. Mr Rahardi was head of Bulog at the time and Mr Akbar held the ministerial rank of state secretary

Bank-related scandals remain unresolved

Jakarta Post - March 2, 2002

Muninggar Sri Saraswati, Jakarta -- The state has suffered more than Rp 137 trillion (US$13.3 billion) due to the manipulation of the Bank Indonesia Liquidity Support Fund (BLBI). Ironically, law enforcers have failed to properly address the issue. The fund misappropriation was first disclosed by the Supreme Audit Agency (BPK) in May 1999.

The government provided liquidity support amounting to Rp 144.5 trillion from August 1997 to early 1999 to assist 48 commercial banks cope with the massive rush during the monetary crisis. However, the audit agency revealed that 95 percent of the troubled banks misappropriated the BLBI funds.

As often is the case, law enforcers were slow to follow up the findings. In December 1999 fire gutted part of the central bank building, killing 15 people and destroying some of documents related to the troubled banks. The police suspected arson, but no thorough investigation was conducted.

In October 2000 the Attorney General's Office announced that it would send about 80 suspects, including central bank officials and private bankers, to court. But last year, former attorney general Marzuki Darusman complained about the difficulties involved in prosecuting the suspects due to the lack of data.

A spokesman at the office confirmed that two important documents believed to have contained information that could help reveal the violations of the central bank regulations in the extending of emergency loans mysteriously disappeared.

Until today, there are only a dozen defendants who have been indicted. One of them, Hendrawan Haryono, former deputy director of the now defunct Bank Aspac, was convicted last year, while the others are still on trial. They are former Bank Indonesia directors and others from Bank Dagang Nasional Indonesia, Bank Modern, Bank Umum Servitia, Bank Umum Nasional, Bank Harapan Sentosa and Bank Aspac, all of which have been closed.

Unfortunately, the government lost its first legal battle in the case as the South Jakarta District Court acquitted Hendrawan last year of corruption charges. The defendant was instead found guilty of violating Article 49B of Banking Law No. 7/1992. He was sentenced to one year in prison and ordered to pay a Rp 500 million fine or spend another three months in jail, even though the bank had caused losses to the state amounting to Rp 583.4 billion due to the misuse of the emergency loan.

Limited data might be one of the reasons why the court failed to sentence the defendant on corruption charges. Another factor is that both judges and prosecutors who try the cases have limited knowledge of the banking system and regulations, let alone the details of the case.

For example, in the hearing of Kaharuddin Ongko, the former director of Bank Umum National, earlier this month, they did not ask the witness, former Bank Indonesia director Soedradjad Djiwandono, about the alleged violations committed by the defendant. Instead, they asked the witness, a professor at the University of Indonesia, about the banking system and the flow of the fund from the central bank to the commercial bank. As a result, the hearing turned into a "lecture" on the banking system.

A judge at the Central Jakarta District Court acknowledged his lack of understanding of the BLBI case. "Its not easy to understand but we have to," said the judge, who asked not to be named.

Pradjoto, a banking legal expert, explained that the troubled banks used the funds to speculate in the foreign currency market, disbursed it to their own company groups or kept it for their own interests. "The judges and prosecutors should focus on these points. But they would not do so unless they understood the root of the problem," Pradjoto told The Jakarta Post.

According to Pradjoto, judges and prosecutors who do not have proper knowledge of the issue could be easily fooled by defense lawyers who would cunningly argue that the defendants were not guilty because they only followed state policy on BLBI.

"State policy is one thing, but the misuse of the fund is another. It is definitely a corruption crime since the defendants used the fund, which is tax payers money, for their own interests," he asserted.

Pradjoto urged judges and prosecutors to seek the advise of experts to improve their knowledge so that the court would be able to convict the defendants on corruption charges and order them to return the fund.

Of course, that can only happen if members of the judiciary, notorious for their depravity, are clean. Otherwise, the state will lose again and will never be able to regain the misappropriated fund.

Prosecutors say Habibie not a suspect in fraud case

Agence France Presse - February 27, 2002

Jakarta -- Indonesian prosecutors said Wednesday that former president B.J. Habibie is not currently a suspect in a 3.8 million dollar fraud case allegedly involving one of his ministers.

They questioned Habibie on Monday and Tuesday about the alleged embezzlement of 40 billion rupiah (3.8 million dollars) in funds intended for the poor while he was president in 1999.

"So far we deem that the two rounds of questioning are sufficient and we do not see the need for further questioning," said spokesman for the attorney general's office Barman Zahir. "Up to now, we also see no grounds to change the status of Mr. Habibie from a witness to a defendant," Zahir said.

Habibie, who has lived in Germany since he was replaced by Abdurrahman Wahid in October 1999, on Tuesday flew back there after the questioning was completed.

Prosecutors earlier questioned House Speaker Akbar Tanjung several times as a witness in the same case before declaring him a suspect in January. Tanjung, who also heads the second largest party Golkar, held the ministerial post of state secretary under Habibie in 1999 at the time of the alleged fraud, involving funds from the national logistics agency Bulog.

Tanjung has denied any wrongdoing, saying he channelled the money to an Islamic charity to deliver food to poor villages in Java. The attorney general's office says there is no evidence any food was ever delivered. There are suspicions the funds were used to bankroll Golkar's campaign in the 1999 general election.

Prosecutors have also declared as suspects the head of Bulog at the time, Rahardi Ramelan, and a leader of a charity responsible for distributing the food aid.

Golkar could in theory be dissolved if found to have violated campaign spending limits. But other political parties have soft- pedalled on calls for a parliamentary inquiry into the scandal, saying the legal investigation must first take its course.

Regional/communal conflicts

Civil servant shot in fresh violence in Ambon

Jakarta Post - February 26, 2002 (abridged)

Oktovianus Pinontoan, Ambon -- At least one person was shot on Monday in the capital of Maluku province, Ambon, in the first spate of serious violence in the province since the Malino peace accord was signed earlier this month by members of the local warring factions.

Buce Sapteno, a 40-year-old civil servant, was the first victim of violence since the pact was signed on February 12 in the South Sulawesi hill resort of Malino in Gowa regency.

He was shot when a group of unidentified people attacked an official bus carrying around 20 people, which he was driving, in the Galunggung area, Sirimau subdistrict at around 7:45 a.m.

The bus, which belongs to the Ambon administration, was traveling from the village of Galala to the city's mayoralty office.

The ill-fated driver, a resident from the village of Lateri in Teluk Ambon Baguala subdistrict, survived the incident and is undergoing intensive treatment at a local hospital for bullet wounds to his right arm.

Speaking to journalists at the hospital, Buce said the attackers fired shots at his bus from all directions. "At the time, I floored the pedal to speed up the bus to leave the location."

Ambon Police chief Adj. Sr. Comr. Noviantoro, who visited the injured victim in hospital, said security forces were searching for the attackers.

One of the armed attackers wore a black, long-sleeved shirt and head band and had long hair, he said. The attacker emerged from a foodstall and fired shots at the car outside the local office of state-owned traffic insurance company PT Jasa Raharja, Noviantoro added.

A. Mayaut, a female eyewitness who was among the passengers inside the bus, told Antara that the attackers also hurled a home-made bomb at the scene but the explosion missed the target. She did not elaborate further.

The fresh bloodshed ground all vehicles traveling from the village of Tulehu to Ambon city to a halt. It was not clear which group the attackers belonged to.

Maluku's Pattimura Military Commander Brig. Gen. Mustopo apologized to local people for the attack, and admitted that the authorities faced difficulties capturing the suspects due to the lack of information. He called on the public not to travel through locations still deemed vulnerable to violence except with a security escort.

Maluku Governor Saleh Latuconsina said his office has appealed to residents to stay away from certain violence-prone areas as some members of society remained opposed to the recent peace agreement.

The latest incident erupted as Muslim and Christian negotiators and the local authorities were disseminating the outcome of the peace accord to halt the sectarian conflict that has killed around 6,000 people and displaced some 500,000 others.

Local & community issues

Oil well fire in Java displaces 1,000 villagers

Straits Times - February 28, 2002

Blora -- A major fire that is still raging at Pertamina's oil and gas exploration field in Cepu in Central Java has displaced more than 1,000 villagers.

The blaze broke out on Monday at an unfinished well and spread to other nearby wells and buildings at the site in Blora district, sending more than 4,000 residents of villages near the fire fleeing.

Although most of them have since returned home, hundreds were still refusing to go back yesterday. They said they would return only after the local administration and Pertamina gave iron-clad guarantees that their villages were truly safe to live in.

The state-owned oil-and-gas company said it would take at least five weeks to extinguish the fire. Spokesman Adyatma said the well would be capped and mud would be pumped into it.

Displaced villagers said they would claim financial compensation from Pertamina for the suffering and material losses caused by the fire, which has also affected tens of hectares of rice fields and other crops.

Deputy chairman Kusnanto, of the Blora regency legislature, said the legislative council would seek answers from Pertamina regarding its stance on paying compensation to the affected villagers.

Human rights/law

Activists pay tribute to Princen

Jakarta Post - March 2, 2002

Jakarta -- Human rights activists paid tribute to one of their modern day heroes, the late Johanes Cornelis Princen, for his lifetime's work, by naming the library of the Indonesian Legal Aid Institution Foundation (YLBHI) after him on Friday.

The library was built in 1969 by Princen, a former Dutch soldier who deserted and changed his nationality to Indonesian.

Many fellow activists from outside Jakarta also attended the event held at YLBHI office and agreed to establish a "Poncke Memorial Foundation", which will provide scholarships for human rights defenders. Princen was affectionately known as Poncke.

His friends remembered Princen as "a lonely man, who was dubbed a traitor, verbally attacked by his countrymen and not accepted by the Indonesian government due to their differences in political ideas".

Princen was jailed several times during the founding president Sukarno's term in office and Soeharto's New Order regime.

He suffered a fatal stroke on February 22. He was 76 years old.

Tommy threatened Syafiuddin: Witness

Jakarta Post - February 26, 2002

Jakarta -- Former president Soeharto's youngest son Hutomo "Tommy" Mandala Putra had threatened the late Supreme Justice M. Syafiuddin Kartasasmita, according to witness' testimony on Monday.

Witness Yopi Prayogo Darmono, a car vendor, said Syafiuddin met Tommy at his second wife's house, Iwah, in Cipayung, East Jakarta to discuss Tommy's case. "If someone is good to me, I'll be good to him but if he is not then I won't," Yopi quoted Tommy as saying before the hearing at the Central Jakarta District Court.

Another witness, Untung Surapati, who is a cousin of Iwah, told the court he had heard Syafiuddin express several times that he feared he would be murdered after he served on the panel of judges which sentenced Tommy to 18 months imprisonment for graft in October 2000.

"The late Syafiuddin asked me once how his wife was able to buy a brand new Volkswagen," Untung said, pointing to the German car which cost hundreds of million rupiah.

Yopi and Untung testified on Monday at the hearing of defendants Noval Hadad and R. Maulawarman who are being tried for the murder of Syafiuddin last year, which was allegedly masterminded by Tommy.

Legal hitch holds up rights trial

Jakarta Post - February 28, 2002

Nusa Dua/Jakarta -- The much-awaited ad hoc human rights trial is faced with another stumbling block as the government has asked the Supreme Court to delay indefinitely its first hearing pending the issuance of laws on witness protection, and rehabilitation and compensation for rights violation victims.

Minister of Justice and Human Rights Yusril Ihza Mahendra told The Jakarta Post on Wednesday that the drafts of the two government regulations had been submitted to President Megawati Soekarnoputri but had not yet been signed.

State/Cabinet Secretary Bambang Kesowo said, however, that he was not aware that his office had already received the drafts of the government regulations related to the long-delayed ad hoc rights tribunal. "I'll have to check first whether the drafts are already in my office or not," Bambang told the Post on Wednesday.

Pressed by the international community, the Indonesian government agreed in 2000 to bring to justice those responsible for the bloody violence in East Timor in 1999, but did not set up a rights tribunal until January 2002.

The trial was originally scheduled to start its hearings on January 15, 2002, but as of that date the President had yet to name ad hoc judges as stipulated by Law No. 26/2000 on human rights tribunals. While the names of the ad hoc judges were finally revealed in mid-January, they were not sworn in until late January, raising suspicions that the government was not serious in prosecuting suspected human rights violators in East Timor.

Yusril denied allegations that the government was intervening in the legal process in order to delay the country's first human rights trial. "It is not that the government is interfering in the legal process, but rather that we are suggesting the delay because the two regulations are needed to complement the legal structure for trying human rights cases. And we would appreciate it very much if the court listened to our suggestion [to delay the first hearing]," Yusril said.

According to Yusril, the draft of the government regulation on rehabilitation and compensation had been submitted to the President's office in November of last year, while the one on witness protection was submitted only last week. When asked when the President would sign the two regulations, Yusril said: "I don't know, but I think it will be in the near future."

Asmara Nababan, secretary-general of the National Commission on Human Rights (Komnas HAM), deplored on Wednesday the government's slow response in equipping the human rights tribunal with the two regulations. Asmara said that the much-awaited human rights trials could not start without such regulations.

"The regulation on witness protection is important to ensure that the witnesses appear in the courtroom. The government is way too late because it should have prepared the regulation soon after the law on human rights tribunals was enacted in November 2000. As a consequence of the lack of these regulations, the rights trial may again be delayed and that will worsen our image in upholding human rights," Asmara told reporters on Wednesday.

Indonesia has come under heavy pressure from the international community to try military and militia members suspected of sponsoring and being involved in the violence before, during and after the United Nations-organized referendum in East Timor in 1999, in which the East Timorese voted to break away from the Unitary Republic of Indonesia.

The violence killed hundreds of independence supporters and destroyed almost 80 percent of the former Portuguese colony's infrastructure. The violence also forced nearly 200,000 East Timorese to seek sanctuary in West Timor.

The Attorney General's Office has named 18 suspects, including three army generals, one police general and several mid-ranking officers, as being involved in the mayhem.

Last February 21, the Attorney General's Office submitted to the Central Jakarta Human Rights Court three files indicting seven of the 18 suspects in the East Timor violence. They were all charged with human rights violations, including committing crimes against humanity and genocide, with the punishments available to the court ranging from 10-years imprisonment to the death penalty.

The ad hoc human rights tribunal's judges are to meet in Jakarta on Thursday to set the date for the first sitting of the tribunal.

News & issues

Cafe culture set to take Jakarta by storm

Straits Times - February 25, 2002

Robert Go, Jakarta -- Gourmet coffee is coming home to Java as cafe culture takes hold of Indonesia's yuppies -- even in the midst of an economic crisis. The Coffee Bean opened in one of Jakarta's glitziest malls last month.

Starbucks, the world's largest coffee-shop chain, reportedly plans to open in a swanky shopping centre in March. For investors, the draw is obvious: Indonesia's growing middle and upper classes. The country may be in a crisis, but don't tell that to the customers lounging at The Coffee Bean (TCB).

Accountant Edy Subagja, who was at the new TCB in Plaza Senayan, said: "This is nothing unusual. Sure, the coffee is expensive, but it's a good place to hang out." There is a strong demand for "the modern yuppie lifestyle", said TCB managers.

Mr Arifian Gustiandi, operations manager at TCB franchisee PT Tiga Satu Tiga Dwima (TSTD), explained: "The coffee business is booming. It's a matter of getting the right concepts and tapping into what the middle class wants."

A regular mocha-ice-blended drink at TCB costs 25,000 rupiah (S$4.75) -- more than a whole day's wage for the average Indonesian factory worker. But those who can afford it are buoyant about consuming products which were previously available only abroad. Many expatriates, accustomed to the international chains' processed coffees instead of local coffee-preparation methods, are also happy with the new arrivals.

Mr Lukman Hakim, assistant manager at TCB, said: "Our Indonesian customers are well-to-do. It's trendy to be seen at our shop. It's not just the coffee, it's the idea of drinking expensive coffee, too."

After opening its first shop here, TCB now plans nine more outlets over the next five years in Jakarta, Surabaya, Bandung and Bali. The irony of it all is that TCB and Starbucks buy raw beans from countries like Indonesia and then process them in the United States or elsewhere before bringing them back to sell at inflated prices.

Although foreign coffee chains are just entering the local market, several home-grown modern cafes have been here since the late 1990s. Mr Eddie Sutanto, the owner of the Daily Bread chain, opened his first shop in 1996 when he recognised how "executives and professionals" needed places to unwind during the business day.

"The original focus was on office complexes, but we're also looking at malls and the mainstream consumers now. There are millions of people out there ready to embrace modern-style coffee drinks," he said. He says the growing competition could expand the market. "Customers may get attracted to Starbucks or The Coffee Bean, but since their products are priced higher, people may shift to us."

Kramat Jati returns to normal after days of ethnic brawl

Jakarta Post - February 28, 2002

Jakarta -- The commercial center and wholesale market in Kramat Jati in East Jakarta returns to normal on Wednesday afternoon after the two warring ethnic groups involved in a brawl that had lasted from Sunday night until Monday, decided to bury the hatchet and end the conflicts, reports said.

East Jakarta Police's Operation and Control chief Adj. Sr. Comr. Napoleon Bonaparte said that both the Madurese and Banten people have agreed to resort to peaceful ways and work out their differences in a discussion on Wednesday morning.

"On Wednesday the market could fully be opened again ... and we hope that none of this dispute will ever occur again in the future," he said. Shops were opened and public transportation started to operate again in the area on Wednesday. In the past two days, shops were closed and part of the street was blocked off by security officers to prevent further violence.

Earlier on Monday morning, a brawl broke out between groups of Madurese and Banten people, following a dispute on Sunday night. The two warring groups brandished sharp weapons, stones and wooden sticks during the tense incident on Monday, but no casualties were reported. Soon after, vendors in the area immediately closed their shops and moved their merchandise to safety.

A company of police officers and local officials, however, are still guarding the Kramat Jati area, which is located near a military and police housing complex.

Vendors, however, said that groups of thugs extorting money from them have deteriorated the market condition. "The market was too crowded, sidewalk vendors begin to move to the street, creating heavy traffic jams. Since some of the traders paid illegal levies to the thugs, they don't feel guilty to pack the street and they are no longer want to stay in the market area," a trader said, adding that he had to pay at least Rp 8,500 each day for the illegal levies.

The Kramat Jati area was left untouched in the bloody mid-May 1998 rioting and looting in Jakarta, that have claimed the live of at least 1,000 people.

Informal sector/urban poor

Jacked-up claims in wake of floods

Straits Times - March 2, 2002

Jakarta -- The huge funds provided by the city administration for flood-rehabilitation projects appear open to misuse, as several city agencies allegedly marked up their post-flood expenditure.

City Middle and Higher Education Agency standardisation division head Sapari revealed on Wednesday that the agency planned to renovate 132 senior-high school buildings damaged by the recent floods.

The agency's proposal had stated that it planned to repair 152 buildings, and accordingly it received 3.2 billion rupiah (S$580,000) under a 251-billion-rupiah package for flood- rehabilitation projects.

The agency's proposal stated that all 152 schools suffered damage to their floors, doors, tables, chairs, drawers and computers. But the agency division head said only 132 buildings had been damaged.

Agency head Sukesti Martono also admitted on Wednesday that not all computers had been damaged as many of them had been moved to the second floors of the buildings.

Asked about public complaints that he had not inspected the schools during the floods, Sukesti replied: "I didn't have enough time. So many schools were damaged by the floods."

The City Sanitation Agency has also allegedly marked up its post-flood expenditure. According to records, the agency hired only 57 private garbage trucks to dispose of trash after the floods but its deputy head Rama Budi said it had hired 83.

West Jakarta developers violate regulations

Jakarta Post - February 26, 2002

Ahmad Junaidi, Jakarta -- The city administration announced on Monday that more than 60 percent or 68 of 109 private developers in West Jakarta had not fulfilled their obligation to set aside spaces for public and social facilities.

Speaking in a hearing with the City Council, secretary of the West Jakarta development supervision team Diding Miskat said the city's largest shopping center and apartment complex Mal Taman Anggrek, was among the 68 developers.

"Mal Taman Anggrek has not fulfilled all its obligations since it was built in 1996," Diding said. According to its building permit, he said, MTA developer PT Mulia Inti Pelangi is obliged to build eight mini markets, eight kindergartens, four elementary schools and a junior high school.

The developer of the mall, which is located on a 5.5 hectare plot of land in an area which was formerly a city forest in Tomang, should also provide eight small mosques, eight community centers, eight health centers and eight security posts.

According to Law No. 4/1992 on housing and settlement, a housing developer must set aside 40 percent of its space for public and social facilities or they will face a maximum sentence of 10 years in jail and/or a maximum fine of Rp 100 million.

The City Bylaw 240/1995 states shopping center developers are also required to provide 20 percent of their space for small enterprises.

However, Bylaw No. 241/1995 states that developers can pay a fee as compensation to the administration if they are unable to accommodate small businesses. The administration is then expected to use the compensation money to accommodate the small businesses elsewhere.

Diding said that the MTA developer had also failed to pay Rp 30 billion in compensation as required by the law. He said that once the developer paid some Rp 30 billion to the city administration but not for the required compensation. The fund, he said, was to finance the development of the Tomang overpass and a low-cost apartment in Bulak Wadon, Cengkareng, West Jakarta.

"Aside from the low-cost apartment and overpass, they have not fulfilled their obligation to provide public and social facilities," he said. Some of the 68 developers failed to fulfill their obligations as they went bankrupt due to the prolonged crisis, which hit the country in mid 1997. The MTA developer could not be reached for comment.

City councillor Amarullah Asbah suggested the city administration take legal action against the developer for its failure to fulfill its obligations. "It's deceit. The company should have been brought to court," Amarullah of Golkar Party said.

The facts show that more than 90 percent of developers in South Jakarta also violated the regulations. Councillors often announce their findings of violations and demand stern action but then later back down after being approached by the developers.

Floods exacerbate economic disaster

Green Left Weekly - February 27, 2002

Nglinting Darmono, Yogyakarta -- There's no such thing as a wholly "natural" disaster. The recent catastrophic floods in Jakarta and along the northern coast of Java, which claimed at least 200 lives, were no exception.

The Dutch colonial rulers chose the site of Jakarta for their administrative capital because of its proximity to the lucrative spice trade routes, not its environmental suitability. It was long famous as a swampy, disease-ridden death trap for the sailors, soldiers and bureaucrats sent out from the Netherlands to the Dutch East Indies (they didn't concern themselves with the health of the slaves they brought from across Indonesia to populate the city).

Fifteen rivers converge in the Jakarta area, and every rainy season they swell quickly and massively. But the floods have been getting worse. Those in late January and early February were the worst in memory, far exceeding the damage caused by the major floods of 1996.

Global warming is almost definitely a contributing factor, and the Indonesian government is currently gathering data and exploring the possibility of asking for compensation from the United Nations. But there are other, more local, contributing factors as well.

Suharto's New Order regime opened Indonesia to foreign capital in the late 1960s, attracting investment through brutally repressive labour laws and low taxes. In the process the Orang Kaya Baru (New Rich) emerged.

The Greater Jakarta area was the site for most of this new wealth. New toll roads were built, factories sprang up in new industrial suburbs, while villas, hotels and golf courses were constructed for the new elite.

A favourite location for the playgrounds of the new rich was Puncak, in the mountains south of Jakarta, also once the favourite hill station for Dutch colonialists seeking respite from Jakarta's heat and humidity. Puncak is located in the headwaters of the Jakarta water catchment area. Forests were cleared rapidly, for timber, plantations and villa complexes. The water retention capacity of the Puncak area dropped considerably.

At the other end of the river systems, flood water used to be absorbed by mangrove forests along the coast. But these, too, were favourite spots for luxury housing complexes, golf courses and shopping centres. Other open areas around Jakarta were eyed greedily by developers of industrial zones.

Formally, green areas were protected by law, and enshrined in the 20-year Jakarta Master Plan (1985-2005). In practice, a few bribes and/or a business partner with the right military or political connections ensured that development could go ahead anywhere. In 1995 the Master Plan itself was revised, and several important green areas officially opened to development.

The results were seen at the height of the floods on February 1- 2. In Jakarta, more than 300,000 people were displaced, more than 20 people drowned and major roads were blocked (including the toll road to the airport, past the luxury beachside complex Panti Indah Kapuk, built on a former mangrove forest). Large industrial areas were swamped, making thousands indefinitely unemployed. Disease mushroomed -- at least 18,000 children were reported to be suffering from acute diarrhoea.

In the context of a continuing economic crisis and cuts demanded by the International Monetary Fund (IMF) to subsidies of basic necessities like cooking oil and electricity, the social impact has been disastrous.

At first, the worst effects were felt in working class and poor areas, for example, the industrial satellite town of Tanggerang. The better-maintained drainage systems of the central business district held out longer, but finally they too flooded. Other towns along the northern coast of Java have suffered floods and landslides, claiming around 200 lives.

The problem of flooding in Jakarta has long been recognised. The government sets aside funds to build canals and reforest areas to offset the problem, but the bulk of this money is siphoned off through corruption.

The technology exists to "seed" clouds chemically from aircraft, inducing the clouds to dump their load of rain before they reach the catchment areas of heavily populated areas. But the Indonesian state, in line with IMF demands, is reducing its spending on such projects, concentrating on repaying its massive debt to Western banks and governments. Of course the government is maintaining its "core functions", such as enriching bureaucrats and cronies, extracting tribute from the people and repressing their resistance to exploitation.

The government response to the floods was slow, inadequate and uncoordinated. The central government declared the floods a "common disaster" rather than a "national disaster", restricting the amount of funding made available.

Of the 263 refuges set up for displaced people, 75% had no medical staff. Flood victims, student organisations and NGOs have organised protests. One photo opportunity tour of flood areas by President Megawati Sukarnoputri was greeted by flood victims waving banners saying "We don't need your visit -- we need food" and "We're inundated with water, while the government is inundated with money".

One Jakarta legal aid organisation, the Indonesia Legal Aid and Human Rights Association (PBHI), is organising a class action suit of flood victims against the Jakarta and national governments over the causes of, and the official response to, the floods.

For the moment, the common people of Indonesia have had to rely on each other. But feelings of solidarity are still strong, even in an atmosphere of crisis and "dog-eat-dog" neo-liberalism. Donations poured in for the flood victims. Everyone from banks, newspapers and supermarkets to the anti-Christian, gangster-run militia Laskar Jihad organised collection points for the donation of money and medicines.

The left-wing Peoples Democratic Party (PRD) and the National Student League for Democracy (LMND) set up coordination posts (posko) for the coordination of aid for flood victims. These have been expanded to become political centres, where students, workers, farmers and urban poor can meet to discuss the causes of the disaster, and the wider problems of the economic crisis and the IMF's austerity program. The posko have been relaunched as coordination posts for people's resistance to fuel, electricity and telephone subsidy cuts.

Health & education

People with HIV/AIDS deserve equal medical treatment: Minister

Jakarta Post - February 25, 2002

Kurniawan Hari and I Wayan Juniartha, Jakarta/Denpasar -- Health clinics, hospital or physicians are supposed to serve all patients, including those already infected with Human Immune Deficiency Virus (HIV) or full-blown Acquired Immune Deficiency Syndrome (AIDS), Minister of Health Achmad Sujudi said on Saturday.

"In principle, we are working to eradicate HIV, not its sufferers. It's unfair to refuse them treatment," Sujudi told the media on the sidelines of a meeting with non-governmental organization activists here.

The minister was responding to reports that some medical institutions and practitioners in Denpasar had refused to treat people with HIV/AIDS. "If there is a case, I will soon investigate it," Sujudi said.

As of September last year, the number of HIV/AIDS related cases in Indonesia was estimated at 120,000. But official data, based on hospital reports, put the figure only at about 2,300.

A volunteer dealing with HIV/AIDS in Bali, Putu Utami, disclosed that the number of people with HIV in Bali had reached 100, 30 of which had symptoms of AIDS. Nine of them had died.

Utami recalled that many of her clients had experienced what she called "subtle rejection" from the medical community, particularly general practitioners who run private clinics.

"Their usual excuse is that their facilities are inadequate to provide medical treatment for people with HIV/AIDS and advise them to seek treatment at the province's central hospital in Sanglah, where an HIV/AIDS task force has been established," Utami said.

Separately, executive director of Yayasan Hatihati, a foundation that works intensively with intravenous drug users communities in Bali, Yacintha Egamadona, recalled how a dentist refused to treat one of her colleagues, who happened to have been tested positive for HIV.

"Afraid that he might scare the dentist if he disclosed his medical status, he told the dentist that he was infected with Hepatitis C, and asked the doctor to thoroughly sterilize the equipment after treating him. The dentist then examined his face, and stated that he would not treat him," she said.

Such rejection does not happen in hospitals, Utami added. "As far as I know, we have never heard of a case in which a person with HIV/AIDS was rejected treatment by a hospital," she added.

International relations

Pentagon keen to renew Jakarta ties

The Straits Times - March 1, 2002

Lee Siew Hua, Washington -- The United States appears frustrated with Indonesia for not being aggressive enough in its pursuit of Al-Qaeda sympathisers on its own soil.

But despite a sense of dissatisfaction among US officials, the Pentagon is intent on restarting military contacts with Indonesia, by involving its officers in a new counter-terrorism training fellowship for the region.

Admiral Dennis Blair, commander-in-chief of the US Pacific Command, told lawmakers on Wednesday: "Indonesia has not aggressively investigated domestic elements that are sympathetic to the aims of Al-Qaeda."

He told a joint hearing of the House panels on the Asia-Pacific and the Middle East: "With many challenges on its plate, and diminishing resources, Indonesia's security apparatus does not have full control of its borders."

South-east Asian specialist Angel Rabasa of the Rand research institute in Washington told The Straits Times: "There's a certain level of frustration with Indonesia in Washington. At the same time, there is some understanding of its political environment. It will be difficult for the friends of Indonesia in and out of the administration to give greater support to Indonesia in the absence of more visible action."

In Adm Blair's testimony on security policy in the Asia-Pacific, he indicated that the restrictions on US military cooperation with Indonesia, compelled by Congress after the 1999 East Timor violence, should be lifted as they obstruct the US war on terror. He said: "Current restrictions on our interaction with the Indonesian Armed Forces (TNI) limit our effectiveness."

He had reportedly pushed for Indonesia to be included in the new counter-terrorism training for the region, though full-blown military cooperation remains unlikely.

Of the new Regional Defence Fellowship Programme, which will allow the US to work with armed forces, such as the TNI, to defeat international terrorism, he said: "Sustained interaction with the armed forces of the region improves the readiness for coalition operations against our common enemy, and it also provides the use of facilities and forces."

He praised the Philippines for its cooperation with the US, but warned that the war against the Abu Sayyaf "will not be won by military operations alone". Instead, improvements in many fields were needed.

He said: "Improvements in law enforcement, intelligence, economics, business, information, media, academia, community leadership and religion will have enduring and important roles in the battle."

On the wider Asia-Pacific, he said September 11 had not erased previous concerns about this vital region. "Extremely critical defence and policy questions that we were dealing with before Sept 11 remain with us ... The Taiwan Strait military balance and the rhetoric across the strait of North Korea that's starving its population while selling missiles and the continued tensions between nuclear neighbours India and Pakistan. These problems still keep me awake at night, and they keep my forces busy maintaining deterrence and keeping up the readiness and promoting security cooperation."

For instance, speaking about North Korean military moves, he said that "the ongoing 2002 winter-training cycle has featured unusual corps-level activity".

Indonesia and East Timor end talks, signing two agreements

Jakarta Post - February 26, 2002

Fabiola Desy Unidjaja, Nusa Dua, Bali -- Indonesia and East Timor ended bilateral talks on Monday, signing two agreements on direct postal service links and technical arrangements to facilitate the movement of people and goods between the enclave of Oecussi and other parts of East Timor.

In the meeting, the East Timorese delegation also conveyed the invitation for President Megawati Soekarnoputri to attend independence celebrations in East Timor on May 20 in a bid to help head the wounds of the tiny territory's violent transition to statehood.

Indonesian foreign minister Hassan Wirayuda said that he had suggested the President accept the invitation and hoped she would attend the independence celebrations.

A joint statement signed by the heads of the two delegations -- Hassan and United Nations Transitional Administration in East Timor (UNTAET) Chief Sergio Vieira De Mello -- acknowledged the need to maintain existing positive cooperation, especially ahead of the declaration of Independence of East Timor in May.

"These agreements marked the forward-looking and reconciliatory relationship between Indonesia and East Timor ... it is a clear sign to enhance people-to-people contacts that will benefit the common people of East Timor and Indonesia," Hassan said in the joint press conference.

De Mello said that the two sides were very pleased with the progress and finalization of the two agreements that had been discussed over the past two years, after the East Timorese voted for independence from Indonesia in 1999.

"We have made considerable progress in the arrangement of the movement of the people across the border of East Timor and West Timor, including the talks on traditional markets. We have also signed an agreement which will greatly benefit the people of Oecussi," de Mello said.

He also said that a survey team to determine the land border between Indonesia and East Timor would start working next month with the two sides expecting to have their first land border marked on the coming independence day.

The Monday's bilateral meeting marked the end of a bitter separation process after the East Timorese voted for independence on August 30, 1999. The former province will hold its first general election on April 14.

The meeting also marked the start of bilateral talks between Indonesia and East Timor officials without the presence of UNTAET.

However, lengthy discussion is still needed to settle many other remaining issues on the separation between Indonesia and East Timor as the two delegations have yet to complete talks on more important issues, such as maritime and land borders, asset claims and pension funds of former Indonesian civil servants and security officers along with the repatriation of rupiah.

The two delegations agreed that Indonesia would pay the pension until the end of the transition period in May and asked the international community to provide financial support for the efforts. The pension fund costs around US$22 million, so far Indonesia is only able to provide $2 million.

In the joint statement, the two delegations spoke of future diplomatic ties, that would ensure both sides honor and fulfill all agreements that had been signed, along with the strengthening of cooperation on judicial matters and reuniting East Timorese children with their parents.

Other issues that will be discussed further include the possibility of cultural contacts, cooperation on archives and the possibility of East Timorese students continuing their studies in Indonesia.

During the meeting the East Timorese delegation also raised the issue of the handling of human rights abuse cases, that currently awaits the start of the ad hoc tribunal in Indonesia.

De Mello expressed hope that the trial would go as planned and as the Indonesian government had promised to the international community. "The most important thing is that justice is served, not where it is served," he said.

Indonesia, Australia and East Timor end 'historic' talks

Agence France Presse - February 26, 2002

Tiny East Timor, which becomes the world's newest nation on May 20, held its first trilateral talks with giant neighbours Indonesia and Australia and said peace was its priority.

"We do believe that the most important thing is really to work for stability and peace in East Timor as a way to contribute towards stability and peace for the region," Chief Minister Mari Alkatiri told a press conference after the discussions.

Indonesia's 24-year occupation of East Timor cost tens of thousands of lives. The territory's 1999 vote for independence and its violent repercussions soured relations between Indonesia and Australia.

The foreign ministers of Indonesia and Australia, Hassan Wirayuda and Alexander Downer, as well as Alkatiri, hailed the meeting as "historic" and said it was time to look to the future.

"This is an historic meeting," Downer said.

"Whatever the history between Indonesia, Australia and East Timor, this meeting represents a very substantial step forward in the relationship and makes a substantial commitment to regional stability and security."

Tuesday's meeting on Bali island precedes a regional conference on ways to combat people-smuggling. The trilateral meeting focused on transnational crime such as terrorism, people- smuggling and drug-trafficking as well as on building economic cooperation and refugee repatriation.

Alkatiri and Wirayuda expressed fears that East Timor could become a transit point for drug-trafficking.

Wirayuda said Australia had offered to host a second trilateral meeting in a year from now and Alkatiri said the top priority of the three-way meetings would be security.

"We are still a very weak country in terms of security and that's why we think that we need a lot of capacity-building in this area too," the chief minister said.

"First of all, to establish our own capacity to control our country, to control our sea and our border."

Downer welcomed an East Timorese proposal for a meeting of police forces from the three countries.

He offered 6.5 million Australian dollars (3.3 million US) to help repatriate some 60,000-80,000 East Timorese refugees from Indonesian West Timor. The money will help offset lost pension rights for people who once worked for the Indonesian government in East Timor and provide better repatriation packages.

Australia will also provide 8.5 million Australian dollars for 1.3 million people driven from their homes by Indonesia's internal conflicts.

Wirayuda said rich oil and gas reserves off the coast of East Timor were not discussed Tuesday.

The 1989 Timor Gap treaty, originally between Indonesia and Australia, was renegotiated last year between Australia and United Nations administrators in East Timor. It now gives East Timor up to 90 percent of tax revenue from Timor Sea oil and gas developments.

Wirayuda said the treaty was on the agenda at a bilateral Indonesia-East Timor meeting on Monday.

"For the most part, when we talk about what was formerly known as the Timor Gap, the issues are between Indonesia and East Timor," he told the press conference without elaborating.

Wirayuda had said Monday that talks would be held sometime in the future to settle sea borders between the three countries, including in the Timor Gap area.

The ministers stressed the potential for mutual economic benefits from enhanced cooperation.

Australia was one of the few countries to recognize Indonesia's annexation. During the occupation an estimated 100,000-200,000 East Timorese died violently or from starvation or disease amid a protracted guerrilla war against Jakarta's forces.

In September 1999 Australia led international peacekeeping troops into East Timor as it descended into chaos after the independence vote.

Megawati appears to attack Australia

Australian Associated Press - February 28, 2002

Indonesian President Megawati Sukarnoputri yesterday launched an indirect diplomatic broadside at Australia over its stance on illegal immigrants.

Opening an international conference on people smuggling in Bali, co-hosted by Australia, Mrs Megawati condemned countries that did whatever they wanted to protect their national interests.

Although she did not name Australia, most observers considered her comments to be a veiled attack on the Federal Government's Pacific solution to the boat people problem.

"We have witnessed some impatient governments taking unilateral steps to protect their national interest," Mrs Megawati told the conference. "No matter how broad the scope and boundary we are delineating for our national interest, and how confident we are in our justification to defend such interest, still it does not allow us to do whatever we want."

Foreign Minister Alexander Downer emerged from the opening ceremony to assert that the president had not been referring to Australia, suggesting instead that Mrs Megawati could have been talking about Malaysia. He said his assurances came from senior Indonesian officials, rather than the president herself.

Mr Downer said he did not directly ask the president who she was referring to because he did not feel "defensive". "We are not doing any spinning about anything," Mr Downer said. "I know exactly what this is a reference to ... it's to do with the treatment of Indonesian citizens in other countries," he said.

Asked whether he was referring to Malaysia, which periodically sends back thousands of Indonesian illegal migrant workers every month, he said he could not comment. "It's nothing to do with Australia, it has no relationship to us," he said.

Meanwhile Indonesian foreign affairs officials scrambled to play down the remarks. "I can categorically say that this statement has not and is not intended to be directed against any particular country, including and especially Australia," Indonesian director of international organisations, Dr Marty Natalagawa told reporters.

But the media-shy Mrs Megawati, who is well known for indirect remarks, outlined for criticism a national approach that bore a close resemblance to Prime Minister John Howard's during last year's Tampa crisis. Mrs Megawati last year took offence at the federal government's sudden implementation of a tough new stance on stopping asylum seekers from entering Australia.

In August Mr Howard announced he would not allow the Norwegian freighter Tampa to deliver more than 430 asylum seekers to Christmas Island. Mr Howard made the announcement and said he would be talking with Mrs Megawati, before informing Jakarta. But Mrs Megawati refused to take Mr Howard's phone calls after the event and Foreign Minister Hassan Wirayuda later criticised Australia's handling of the affair calling it "megaphone diplomacy".

Indonesia defused the stand-off between Jakarta and Canberra last year by proposing to address the matter collectively within the region, paving the way for this week's conference on people smuggling.

Mrs Megawati declared Indonesia was "firmly committed to address the issues of illegal migrants, particularly that of people smuggling". "But again, as I have pointed out earlier, we are well aware that our unilateral action cannot thoroughly resolve the problems," she said. Mrs Megawati said unilateral action was ineffective and provoked negative judgement from others.

She also emphasised the lot of asylum seekers and their reasons for fleeing their homelands, remarking that there were 3,500 illegal migrants in Indonesia under the care of international agencies. "A valuable lesson we should learn from this phenomenon is that we need to work together to address the root causes of the problem," she said.

Economy & investment

Smuggled goods a threat to Indonesia

Straits Times - March 2, 2002

Robert Go, Jakarta -- From his small electronics kiosk in Jakarta's Glodok market, Mr Gunawan sells imported 21-inch Sony televisions for 4.1 million rupiah (S$780) each, but a similar set produced locally by Panasonic sells for nearly 4.4 million rupiah.

"It's obvious which television the customers prefer. Why buy something made here if well-known imported products are cheaper?" he said.

Goods from China and other Asian countries are being smuggled into Indonesian markets in huge numbers and are being sold cheaper than local products, creating a situation that could drive domestic manufacturers out of business, experts warn.

In Mr Gunawan's case, the Sony sets do not come with warranties or proper tax and custom fee documentation. He does not know where his suppliers got them. He explained: "I don't ask questions. I just take delivery and sell. I explain to buyers the local stuff is more expensive because of the warranty."

The problem is not only seen in electronics, where observers said as much as 30 per cent of imported goods sold here were smuggled into the country. Those making and selling toys, textiles, garments and shoes also complained about smuggled goods from China, Malaysia, Vietnam and even Singapore.

Counting all the different manufacturing sectors, experts estimate that as much as 50 per cent of imported products sold here enter the country illegally. And although local manufacturers -- including foreign companies who have invested in factories to manufacture and sell here -- have filed several official complaints with the authorities, little has been done by the government to curb smuggling.

Mr Lee Kang Hyun, general manager of marketing at Samsung Electronics Indonesia, said: "It's a very bad situation that affects many sectors. We have requested more stringent customs checks at entry ports, but the government has not acted on this."

Companies have even approached Trade and Industry Minister Rini Soewandi and President Megawati Sukarnoputri for help. But Mr Djimanto, secretary-general of the footwear association Aprisindo, said: "We are always told more controls would be imposed on import procedures soon, but we still haven't seen anything concrete."

Corruption could also play a role, with companies alleging that customs officials are in cahoots with smugglers and look the other way when illegal shipments come in.

Imported shoes, sandals and other types of footwear are often priced 10 per cent cheaper than their domestic competitors. The price structure, Mr Djimanto said, is forcing many small and medium Indonesian businesses into trouble.

He elaborated: "The big problem is for smaller manufacturers, who are very important in Indonesia's economy. If many of these companies go out of business, unemployment will rise drastically and the economy will be hit very hard."

The smuggling problem also affects the investment climate in Indonesia. With many foreign manufacturers already weighing labour problems, increased production costs and other risk factors, smuggled goods make investing in Indonesia an even riskier proposition.

Mr Lee said: "Why should we invest to make things here if we cannot also sell them here? The investment scene is sluggish right now partially because companies see little potential for domestic profits."

Rise in January exports a good sign: analyst

Agence France Presse - March 1, 2002

Jakarta -- Indonesia announced a rise in January exports Friday in what one analyst called a good sign for the country's economy.

The Central Bureau of Statistics said exports rose to 4.0 billion dollars from 3.992 billion in December while imports fell to 1.89 billion from 2.0 billion, producing a trade surplus of 2.11 billion dollars,

The January trade data indicates a pick-up in external demand while confirming a decline in domestic demand, said IDEAglobal.com analyst Nizam Idris. Idris said the January export figure was better than expected, which was very likely due to stronger demand from the United States as well as better oil prices during the month.

"It is a good sign for Indonesia," he told AFX-Asia, an AFP-owned affiliate. "While it is not saying that the economy has recovered, it is quite encouraging. And I think some new orders from the US could be one of the reasons for better demand."

Idris said the continued fall in imports clearly signals weakening domestic consumption and to some extent could raise concerns over future exports. He said February may see worse numbers for imports and exports due to severe floods during the month.

The statistics bureau said exports to the US rose to 498.1 million dollars in January from 469 million in December, while exports to Japan fell to 432 million from 439 million and exports to Singapore were up from 375 million to 433 million.

Indonesian inflation hits 15 percent year-on-year

Agence France Presse - March 1, 2002

Jakarta -- Indonesia's inflation rate in February rose 1.5 percent from January and 15.13 percent from a year earlier, it was announced Friday.

The result was a setback to economic planners, who forecast an inflation rate of 9.0 percent in this year's budget.

Sharp price rises for rice, and continued fuel and electricity price increases due to government subsidy cuts, pushed prices up across the board, said Slamet Mukeno, of the Central Bureau of Statistics.

Disruption to distribution channels after major floods begining in late January also fuelled inflation.

Mukeno declined to comment on the outlook for the year but said inflation in the first two months had already reached a high level of 3.52 percent.

Last month the International Monetary Fund said Indonesia's central bank had no plans to revise its inflation target for this year despite concerns over the impact of the widespread flooding.

Nation urged to focus on four top industries

Jakarta Post - February 25, 2002

Adianto P. Simamora, Jakarta -- Minister of Industry and Trade Rini M. Soewandi urged the nation to focus on revitalizing four industries -- textiles, electronics, footwear, pulp and paper -- as part of efforts to rejuvenate the country's waning manufacturing sector.

The appeal is contained in a draft blueprint for the revitalization of the country's industrial sector for the period 2002 to 2004 being proposed by the ministry to the Cabinet for approval.

"The recovery of these four industries is expected to create 350,000 new jobs and avoid mass layoffs," said the draft national program for revitalizing industries.

The document, which was made available to The Jakarta Post over the weekend, was presented by Rini during a Cabinet meeting on Feb. 14 and a meeting with the Financial Sector Policy Committee (FSPC) last Tuesday. FSPC comprises ministers in charge of economic affairs.

The country's textile sector currently employs 250,000, the electronic sector 1.19 million, the footwear industry 389,000 and pulp and paper 100,000.

Aside from the four sectors, Rini also proposed to develop seven other industries, which have the potential to create a lot of jobs, namely leather, fishing, crude palm oil, fertilizer and agricultural machinery, food, software, handicrafts and jewelry. It said that the development of these seven industries would absorb about 809,000 new workers.

The revitalizing of the four sectors and the development of the seven industries would also boost the country's exports to US$42.2 billion this year from $39.7 billion last year, the document said.

Millions of workers employed in the manufacturing sector have been laid off due to the economic crisis, which began in the middle of 1997. The current government has made job creation one of its main economic agendas, but it has been criticized for lacking clear aims on how to reach their objectives.

More than four years since the crisis hit the country, the country's industrial sector remains in the doldrums because of external factors and internal problems. The external factors include the global economic slowdown, particularly in the country's main export destinations -- the United States, Japan and Europe -- and also the tighter global competition, both in marketing products and attracting new investors.

The domestic problems confronting the industries include poor security measures and law enforcement, a high cost economy, labor issues, as well as the lack of financing.

Rini said in the document that the ministry could not go alone in solving the problems but should go hand-in-hand with other ministries and local governments. "The joint commitment from various ministries and local governments is necessary," the document said.

As far as financing is concerned, the ministry proposed to set up the Indonesian Recovery Fund (IRF) Asset Management to quickly restructure debts owed by the sectors and another agency, the IRF Venture Capital, to finance their expansion. Many sectors are now unable to obtain credit from banks to finance expansion plans due to their debts to the Indonesian Bank Restructuring Agency (IBRA).

Under the ministry's proposal, the debts should be transferred from IBRA to the IRF Asset Management, which will restructure the debt based on commercial terms. "Canadian insurance firm Manulife has showed a serious interest in supporting the IRF Asset Management," the document said.

With regards the establishment of IRF Venture Capital, several domestic and foreign banks have indicated they are ready to provide funds for the agency, according to the document.

The ministry also warns in the document of the damage caused to local industries by smuggling. It said smuggled goods, which have been on the rise lately, have rendered locally made products un- competitive, causing massive losses.

Curbing smuggling is one of the main agendas to the program to revitalize the country's industries, it said. The government announced on Thursday the establishment of a team to tackle the smuggling trade.

Director General of the Customs and Excise office Permana Agung said that the members of the team would come from Customs, the National Police and relevant state agencies.

Grand Jakarta plan to revive economy termed unrealistic

Straits Times - February 26, 2002

Robert Go, Jakarta -- Indonesia's grand scheme to rev up its economy by revitalising four key industries has been branded unrealistic by businessmen and analysts.

The plan involves a special focus on four selected industries and seeks to develop seven others in a bid to create new jobs, increase exports and revive the country's staggering manufacturing sector. It was presented to the rest of the economic Cabinet two weeks ago by Industry and Trade Minister Rini Soewandi.

The four industries selected for special focus are electronics, textiles, footwear and pulp and paper. Leather, fisheries, crude palm oil, agricultural equipment, food, software, fertilisers and handicraft will receive booster funds.

The money to finance this process will come from the Indonesia Recovery Fund (IRF), a US$200-million privately financed scheme that Ms Rini pitched a few months ago.

Mr Roosmariharso, head of the information department at the Industry and Trade Ministry, told The Straits Times: "We want to provide more jobs and help companies to avoid laying off workers. The four sectors for revitalisation count for more than 50 per cent of our industrial exports. The minister thinks this is the way to go for solving our unemployment problems, and at the same time, boosting exports."

Industry and Trade Ministry lists the creation of around one million jobs between now and 2004 as the main benefit of its new scheme. The blueprint also said Indonesia could realise an additional US$8.6 billion in export revenues each year after 2004.

To observers, however, the idea sounds unrealistic, given the severity of Indonesia's economic and social problems. To begin with, no private investor has given a firm commitment to Ms Rini's IRF plans and as such, the fund has a zero balance at this time.

Mr Roosmariharso admitted as much: "Most of the financing will come from the IRF, but yes, so far there is no money in it. We're still working on getting investors interested."