Aceh

Aceh rapes: Komnas HAM to investigate, TNI disagrees

Kompas - September 2, 2003

Lhokseumawe -- The chairperson of the National Human Rights Commission (Komnas HAM), Abdul Hakim Garuda Nusantara, has said that that the Komnas HAM Ad Hoc Team for Aceh will investigate [a recent] report about 100 Acehnese women who have been raped, [saying that] if this has actually occurred, then gross human rights violations have occurred.

"It not just 100, a number of cases have already provided a picture of [the kind of] crimes [that have been occurring] in that region", said Abdul Hakim in response to a report by seven non-government organisations (NGOs) from the Friends of Aceh (Sahabat Aceh) on the rapes in Aceh.

In Lhokseumawe meanwhile, the TNI's [armed forces] operational command refuted the Friends of Aceh report which stated that five TNI members raped a woman on August 17. According do the operational command, this accusation is extremely damaging because the perpetrators of the rape were not members of the military.

As reported [by Kompas on August 29], seven NGOs from the Friends of Aceh issued a report evaluating 100 days of the military emergency in Aceh [which was declared by the government on May 19]. In the report it said that during the military emergency a number of acts of sexual harassment had occurred, including rapes, which [in one case] were perpetrated by five TNI members. [In this particular case] after being raped, the victim and their family were threatened by [members of] Koramil [District Military Command] [and warned] not to report the case.

On Saturday August 30, [North Aceh] military operational commander Major General Bambang Darmono said that the accusations by the seven NGOs were false. "This report incorrect, this is just a cheap shot. I do not like it when they just set an issue loose based on data from an NGO which was sent [to them] by a [particular] group of people", he said.

According to the military operational command, the incident which befell a girl named M (16) on the night of the [national independence day] celebrations on August 17 was committed by five people, all of whom were civilians.

The incident was reported to Koramil 22/BDS where a member of Koramil proposed to the victim [that they seek] a peaceful resolution [to the issue]. The victim was then struck by a member of Koramil, Sargent Bakhtiar, who was annoyed because the victim declared that one of the junior Koramil members had joined in the rape. The case is now being processed by North Aceh district police.

According to the military operational command, the report by the seven NGOs which includes the Indonesian Legal Aid Association, Solidarity Without Boarders, the Kotaraja Forum, Daughters of Aceh for Justice, the Purple Institute, National Solidarity for Papua and the National Commission for Missing Persons and Victims of Violence tends to [try to] damage the image of the military emergency. "In the end they called for the [presidential decree declaring Aceh to be under a] military emergency to be revoked, said Bambang who disagreed with the seven NGOs coming to Lhokseumawe to prove their case.

Meanwhile, according to Abdul Hakim, aside from who the perpetrators are, this issue must be given serious attention. In an armed conflict, women often become the victims of violence. "The Ad Hoc Team will conduct a verification and check what actually happened", he said.

The head of the Aceh Ad Hoc Team, M.M. Billah stated that they are not just going to conduct a verification, but will carry out and investigation, that is to seek information from people or witnesses who can provide clarification on the crime. (ful/DOT)

[Translated by James Balowski.]

Malaysia assures Indonesia no asylum for Acehnese

Reuters - August 28, 2003

Kuching -- Malaysia assured Jakarta on Thursday that it would not grant political asylum to people fleeing the restive Indonesian province of Aceh.

The United Nations High Commissioner for Refugees (UNHCR) voiced concern over Malaysia's stance after police detained almost 240 people, most of them from Aceh, outside its mission in Kuala Lumpur earlier this month.

"There will be no political asylum for people from Aceh. They are illegal immigrants and they will be put in detention," Prime Minister Mahathir Mohamad told journalists after meeting with Indonesian President Megawati Sukarnoputri.

Both leaders discussed issues ranging from trade to counter- terrorism during the one-day talks in Kuching, capital of the East Malaysian state of Sarawak on Borneo island.

Indonesia launched a fresh offensive on May 19 against rebels of the Free Aceh Movement, which has sought independence for the resource-rich province. The offensive has killed hundreds of people, mostly rebels.

Lowell Martin, UNHCR representative in Malaysia, told Reuters earlier this week the mission in Kuala Lumpur had suspended operations to process applications by asylum seekers and refugees because of continued detentions.

Malaysia is afraid of being swamped by illegal immigrants and is not a signatory to the UN Convention on Refugees. Earlier this year the government said Acehnese would not be given special treatment, and would be sent home if caught.

Aceh still a thorn in Indonesia's side

The Guardian (UK) - August 28, 2003

John Aglionby -- When Jakarta declared martial law in Aceh in May and launched it latest offensive to crush the separatist Free Aceh Movement (GAM) rebels following the collapse of a five-month ceasefire, six months was deemed sufficient time to end the 27- year-long insurgency on the northern tip of Sumatra.

But within days of the theatrical "shock and awe" opening salvo, some of Indonesia's top brass were venturing an additional six months would be needed. By the end of the first month no one in Jakarta was talking about six months any longer.

But they declined to, and 100 days in continue to decline to, discuss how much time will be needed. In fact ministers and the martial law administrator, Major General Endang Suwarya, decline to discuss much about the "integrated operation", as the offensive is euphemistically described, beyond its broadest goals.

This nirvana involves crushing GAM, restoring peace, security, law and order, rebuilding local government and kick starting the economy.

If there is a road map explaining how to get there it has yet to be made public. Indeed it does not seem to have even been circulated amongst the relevant government and military agencies because the current Aceh policy is striking by its conspicuous lack of unanimity, clarity and direction.

A classic example of this is the definition of crushing GAM. The senior security minister, Susilo Bambang Yudhoyono, has repeatedly said the military operation will continue until GAM and its leadership have been eliminated. So far not one senior leader has been killed, captured or surrendered.

The military commander in Aceh, Major General Bambang Darmono, in contrast, readily admits further negotiation with GAM is almost certain to be necessary to bring closure to the conflict.

Who is telling the truth? General Bambang, probably. But if so, who will Jakarta negotiate with? The last batch of five negotiators is currently on trial for treason relating to charges that appear rather spurious -- even though the government guaranteed their security in writing. In such circumstances there is unlikely to be a queue forming to volunteer to be their replacements.

Jakarta is clearly hoping that if their backs are driven hard enough against the wall, the GAM leadership will beg to negotiate just to preserve their movement in any form. But GAM does not have a history of being willing to compromise; many of its leaders believe Indonesia will eventually collapse and as long as they are still alive they will be able to pick up the pieces. The one time the movement did compromise, at the last-ditch talks to save the ceasefire, Jakarta responded with even tougher demands. Hardly the foundation for lasting trust and goodwill.

If Minister Bambang is lying, why does he feel unable to tell the truth? The obvious answer is that he does not want to give GAM false hope. But if that is the case, why is his military commander on the ground not singing from the same song sheet? And why has Minister Bambang asked the intermediaries who brokered the last ceasefire, the Geneva-based Henry Dunant Centre, to remain in the country if their services are no longer required? Without the articulation of common medium to long-term goals, the short-term developments appear disjointed and, at times, at odds with the grand strategic aims.

Such confusion at the top becomes greatly magnified by the time it reaches the ground in Aceh. No one has any idea what the short-term, let alone the long-term, holds. A sense of hopeless and helpless resignation seems to pervade the street corners, coffee shops and cafes throughout the province -- from the most pro-Jakarta businessmen eagerly saluting the Indonesian flag at Independence Day rallies to the legions of subsistence farmers struggling to make a living.

Perhaps this analysis is being harsh on Jakarta. Perhaps in three months, at the end of the first six months of military operations, GAM will be just an insignificant rump and the wheels of government and the local economy will be turning smoothly.

But with police and senior local government officials admitting the rebuilding of the government has yet to begin effectively in many sub-districts, the most essential building blocks to win hearts and minds are not yet even in place. Much of the cement to stick them together -- such as a thriving civil society, international aid organisations, a free press -- has also been crushed.

Even if they were all in place, the ubiquitous hostility and suspicion will not dissipate quickly, particularly as there has still been no concerted effort to address the grievances built up over the first 26 years of the conflict or the preceding decades that sparked the insurgency.

With such a muddled strategy and unfocused tactics the likelihood of a speedy resolution to the conflict is extremely remote.

GAM is certainly losing support in some areas -- although the restrictions on foreign journalists are so limiting it is impossible to get an accurate picture of the whole province. But this does not mean the Acehnese are automatically falling in love with the beautiful strangers from Jakarta, to quote the Madonna song playing recently on the radio station set up by the Indonesian military.

Another line from the same song still resonates more loudly with most Acehnese: "You're the devil in disguise".

Eleven people killed in fresh violence in war-torn Aceh

Agence France Presse - August 29, 2003

Nine suspected separatist rebels and two civilians have been killed in Indonesia's Aceh province during the fourth month of an operation to crush the guerrillas, police and the military said.

More than 30 members of the police paramilitary unit shot dead a member of the Free Aceh Movement (GAM) during a raid Thursday in the Mancang Puntong area of North Aceh, said police spokesman Sayed Husainy on Friday. Soldiers patrolling the Indra Damai area of South Aceh on the same day shot dead four rebels during a 30- minute gunfight, said military spokesman Ahmad Yani Basuki.

Also on Thursday security forces shot dead three rebels in two separate incidents in North Aceh district, Basuki said. Soldiers also killed a rebel in Singkil district.

The spokesman accused GAM of killing two civilians in Central Aceh district and in Pidie district on the same day. He said rebels had also kidnapped four men who were travelling in a car in East Aceh. GAM could not be immediately reached for comment.

Basuki said troops in South Aceh arrested three suspected rebels during raids in South Aceh and in the outskirts of Banda Aceh on Thursday.

The government on May 19 launched a massive military operation to crush the guerrillas, who have been fighting since 1976 for independence for the energy-rich province on Sumatra island.

As of Thursday, Basuki said 765 rebels have been killed and more than 1,700 have been arrested or have surrendered since May 19. Thirteen police and 46 soldiers have died. Troops have seized 340 firearms from the rebels, he said.

Human rights activists and other groups have questioned whether the military figure for guerrilla deaths also includes civilians.

100 women have been raped in Aceh

Kompas - August 29, 2003

Jakarta -- The accusation that particular members of TNI [Indonesian armed forces] have committed rapes has surfaced again. This time it was raised by seven non-government organisation (NGOs) in making an evaluation of 100 days of the military emergency in Aceh which was presented to the National Human Rights Commission (Komnas HAM) on Thursday (28/8).

According to the seven NGOs calling themselves the Friends of Aceh (Sahabat Aceh), more than 100 Acehnese women have been raped. What is saddening [they said], is that this continued after Aceh had celebrated the 58th anniversary of Indonesian Independence [on August 17]. In one case a woman was gang raped by five TNI members. "These incidents occurred in two locations, Kandang in North Aceh and Kampung Keramat in Lokseumawe. In Keramat, following independence day celebrations, a woman was stopped by five TNI members and taken to a Koramil [sub-district military] post. When they reported it to the local Koramil, the family of the victim were intimidated and asked not to pursue case", revealed Aceh Muhammad from the Friends of Aceh.

The Friends of Aceh is made up of the Legal Aid and Human Rights Association (PBHI), Solidarity Without Borders (Solidamor), the Kotaraja Forum, the Daughters of Aceh for Justice, the Purple Institute and National Solidarity for Papua. They were received by the chairperson of the Aceh Ad Hoc Team, M.M. Billah and Komnas HAM member Hasballah M Saad.

Friend of Aceh spokesperson, Bonar Tigor Naipospos, presented their evaluation report on three months of the military emergency in Aceh. In the report it revealed that the number of civilian casualties in Aceh has already reached 308 people.

The majority of victims, as many as 80 people, are victims of abductions, followed by victims of intimidation totaling 55 people. "Only 21 victims of rape and sexual harassment have been brave enough to openly take legal action accompanied by witnesses", [he said].

In its report, the Friends of Aceh said that since the military operation was launched, [in its statements] the TNI never mentions the number of civilian victims. This is different to the police who in their first monthly report revealed that the number of civilian casualties was as high as 123 people. The TNI is intentionally covering up information on civilian casualties. The Friends of Aceh admitted [however], that it is still difficult for them to verify all of the data. (win)

[Translated by James Balowski.]

Urgent, a long-term political end-goal for NAD

Jakarta Post - August 28, 2003

Kirsten E. Schulze -- The military operation against the Free Aceh Movement (GAM) has entered the fourth month of what increasingly looks like an indeterminate period. Politicians have ruled out returning to negotiations in the near future. Indonesian Military (TNI) commanders on the ground and in Jakarta have stated that a year or more may be required to achieve their aims.

These military, and above all, political goals, however, remain unclear in many ways. Beyond the immediate security objectives of dismantling GAM's shadow government, reducing the movement's military capacity, and cutting its finance, logistics and communications lines, there does not seem to be a long-term strategic game plan. So not surprisingly there has been little talk of an exit strategy.

Why, one may ask, is there a need for an exit strategy? After all TNI has already registered a number of successes such as securing the urban areas and breaking down GAM into smaller units. The simple answer is because no military operation, irrespective of success and professionalism, is sustainable in the long-term without a political end-goal.

For one, there is the issue of decreasing returns. Once an insurgent movement has been broken down into smaller groups and pushed into the jungle, they are more difficult to hunt down and tend to have the operational advantage.

Alongside decreasing returns are rising costs, the actual financial expenditure as well as the human and ultimately political cost. The salaries and special allowances for an estimated 43,000-45,000 troops are only a small part compared to the financial sting from the logistics support chain, which includes high cost items such as aircraft and ship resupplies.

The human costs are even greater as they are borne by the civilian population. Not only are they on the receiving end of violence by GAM but they are also the main victims of erosion of discipline by TNI and the police.

This undermines the operation by losing the hearts and minds of exactly those people the state purports to defend. Above all, an exit strategy is needed because it is not possible to resolve the insurgency in Nanggroe Aceh Darussalam (NAD) by force alone. The conflict is a political one and thus any military operation is by definition limited in scope, remit and length. It can only ever be a means to a political end not an end in itself.

So if the military operation is only a means to an end, what is that end? Here there are broadly three politico-military strategies for which the current military operation could be instrumental.

The first is to return to the negotiating table in the hope of reaching an agreement with GAM. If this is the political goal then the military aim is to reduce GAM's capacity on the ground to such an extent that the leadership will be more open to compromise and ultimately sign up to autonomy.

TNI seems to prefer a variation on this option, namely using its operation as a means to compel GAM to renounce separatism and to accept what had been previously on offer by Indonesia -- an autonomy agreement -- but without further negotiations.

The possibility of getting GAM to sign up to autonomy either through negotiations or force is, of course, predicated upon GAM's ideological and psychological ability to conclude an agreement that falls short of independence. According to most estimates this is unlikely to happen.

However, even if GAM did conclude such a deal, it would never be more than the product of the movement's lack of choices, in particular, the absence of a credible military option. In that sense the decision to enter a political agreement could be purely tactical. It may only postpone further armed confrontation. Yet it may also transform the struggle into a purely political one fought through the ballot box.

The second option is a variation upon the first in the sense that negotiations are central. These negotiations, however, are not bilaterally with GAM and the aim is not an agreement with the separatists. Instead, the dialog is with the people of NAD and the aim is to reach consensus in NAD, amongst the Acehnese, on the governance of NAD. In such a dialog there is, of course, no reason for not including GAM as part of the Acehnese people provided it plays by democratic rules for which at least a credible ceasefire is necessary.

In support of this option the aim of the military operation beyond reducing GAM's capacity on the ground is to increase the people's options and to create the space for open dialog with and among the Acehnese.

Yet this option, too, has drawbacks. GAM may not be interested in pursuing a dialog in which it is only one among many players. It may not agree to a ceasefire or to an internal negotiation process in NAD rather than overseas. The movement may even resort to violence in an attempt to sabotage this kind of dialog. But that does not mean this option is not worth pursuing. In fact, it could be argued that the broadening of the negotiations is a way to marginalize GAM.

The third option assumes that negotiations of any type are either not desirable or possible. In that case, the political goal is to stabilize NAD as an integral part of the Republic of Indonesia. This means a narrowly defined and carefully executed security operation to reduce GAM's military capacity and to create the space for a broad policy of development -- roads, education, public health, and sanitation as well as providing opportunities for a better future such as scholarships, micro credit, and vocational training.

Key to the success of this strategy is to win the hearts and minds of the people of NAD -- not GAM and not the Acehnese political elite.

On the difficult side, this option requires the strength to ignore GAM provocations on the ground and statements by the leadership in exile. Equally, if not more important, is an absolute commitment to cleaner and more effective government in NAD.

These options show clearly that there is no easy answer for managing the conflict in NAD but that it is, nevertheless, possible. For a successful outcome a clear political goal, a definition of acceptable level of violence, and an exit strategy are needed.

Another crucial factor is socio-economic development. However, the choice of strategy -- and they are not mutually exclusive -- will to a large degree depend upon the assessment of whether GAM is capable of compromise as well as the inherent "price" of each of the strategies.

[Kirsten E. Schulze is a senior lecturer at the International History, London School of Economics and is currently a visiting fellow at the Centre for Strategic and International Studies, Jakarta.]

Press reporting not impartial in Aceh

Jakarta Post - August 28, 2003

Kurniawan Hari and Tiarma Siboro, Jakarta -- Most national newspapers and television stations have failed to uphold the basic principle of covering both sides in reporting the Aceh conflict, a media watchdog says.

Head of Aceh News Watch Agus Sudibyo said on Wednesday that monitoring of reports by 13 Jakarta-based print media and all Jakarta-based television stations from July 28 through August 12 indicated that their reports were biased, as they did not cover both sides of the conflict.

Most of the media preferred to get information from official sources rather than ordinary people in Aceh and the separatist Free Aceh Movement (GAM), he said.

"It is pitiful that our media is not finding alternative news sources," Agus said when presenting the results of his monitoring project at a discussion here on Wednesday. He added that many reports on the Aceh conflict mixed facts with journalists' opinions.

According to Agus, the monitoring was part of efforts to promote and build control into the so-termed integrated operation in Aceh, launched on May 19. The monitoring, funded by the Institute for the Study of Free Flow of Information (ISAI), started last July and is expected to end in December this year. It will publish its evaluations fortnightly.

The 13 print media monitored were: Tempo, Forum, Gatra, Suara Pembaruan, Harian Terbit, Warta Kota, Indo Pos, Rakyat Merdeka, Koran Tempo, Pos Kota, Media Indonesia, Republika, and Kompas. ISAI also monitored nine television stations: Metro TV, SCTV, RCTI, TV7, Indosiar, TPI, TVRI, Lativi, and Trans TV.

Ivan Harris, a news editor with SCTV, acknowledged that his television crews had to remain physically close to the martial law administration in order to ensure their security. "Of course we want to cover both sides, but the situation in Aceh has prompted us to seek protection from the Indonesian Military [TNI]," Ivan said in the discussion. Ivan also blamed the rough terrain in Aceh and the lack of telecommunications services for the failure of his TV station to run balanced stories.

However, he said that although SCTV decided to stay close to TNI in Aceh, the station would continue to supervise its performance in the province. "We shall ensure that TNI does not carry out human rights abuses during the military operation in Aceh," Ivan said.

Bambang Sukartiono from Kompas daily and TV 7 TV station concurred with Ivan, saying that attempts to cover both sides were difficult to achieve in practice due to limited access to the separatist movement. "Enforcement of the military operation has reduced access within Aceh," Bambang added.

Meanwhile, military analyst Indro Cahyono from the University of Indonesia (UI) said most media institutions had degraded the news value of the Aceh conflict by burying Aceh stories on their inside pages.

Television reports from July 28 through August 8

News Source MetroTV SCTV RCTI TV7 TVRI
Military: 39 12 18 15 24
Police: 23 - 12 3 8
GAM: 5 - 10 1 -
Public: 18 2 23 6 12

Source: ISAI Print media reports from July 28 through August 12

News source by percentage

1. Military - 33%
2. Police - 9%
3. Government - 18%
4. House - 4%
5. GAM - 5%
6. Non-governmental organizations - 4%
7. International - 2%
8. Religious leaders - 10%
9. Public - 9%
10. Journalists - 4%
11. Others - 2%

Source: ISAI

Troops of accused of continuing abuse in Aceh crackdown

Radio Australia - August 28, 2003

Human rights groups say, since martial law was introduced in Indonesia's war ravaged province of Aceh in May, to crack down on the separatist Free Aceh Movement, schools have been burnt, tens of thousands of villagers displaced and many killed in the cross fire of a largely unreported war. Serious allegations have emerged of rape, torture and extrajudicial killings being carried out by the Indonesian military and special police forces.

Presenter/Interviewer: Anita Barraud

Speakers: Rachlan Subandi Nashidik, Director of the Indonesian Human Rights Monitor.

Nashidik: In fact the National Commission of Human Rights, found in very difficult to enter Aceh. Only after there was a meeting with the government, they got limited access to Aceh. The movement of this investigation team in Aceh, was very much you know, always accompanied by the military.

Barraud: It is very difficult to get any concrete information out of Aceh because of the lack of independent reportage and the only coverage has been from journalists embedded with the military -- and they are I understand, very restricted in what and how they can report. So how can you get independent information out of Aceh?

Nashidik: We can also get information out of NGO's there. But yes, here we find a serious problem, the accuracy, you know, we always have to re-check every piece of information that we get.

Barraud: There's been mass evacuations of villagers throughout Aceh, where have those villagers gone -- and what are the conditions, do you know?.

Nashidik: The government provided a place for the internally displaced persons.

Barraud: Are there any organisations in there monitoring the situation in those camps?

Nashidik: No.

Barraud: No Red Cross or anything like that?

Nashidik: Yes, yes, Indonesian Red Cross yes, but they also have very limited access, becuase of the military rulers there in Aceh -- are very paranoid. They didn't want their operation disturbed by any parties -- including the Red Cross -- so they are very strict on it. But I think it's important -- you asked me about the conditions there in Aceh -- and I will answer it this way: the military operation in Aceh cost something like one-trillion rupiah -- that was only the military operations -- yeah one-point-something trillion -- and they ask for more. But the budget which has been allocated for the humanitarian operations is only 100-and-something million rupiah. And compare it you know. And the government does not have enough budget allocation to help these people.

Barraud: The Indonesian government's apparently ruled out any dialogue with the Free Aceh GAM movement, how long then do you think the conflict will last and what do you think are the prospects for peace -- or even peace talks.

Nashidik: I think none. I mean the Army chief of staff is talking about ten years military opeartion in Aceh -- I mean it's really crazy. But this is also the problem, for Indonesia itself. In April 2004, there will be a general election in Aceh. In November this year, the local National Commission of Elections, should be elected, because that's one of the pre-conditions, before the local election could be happening in areas of Indonesia. So if the military operation does not stop, in November the process of general elections in Indonesia will be facing serious threat. This problem will really bring her very serious problems of legitimacy you know because if the operation does not stop in November, then there will be no elections in Aceh. It will be difficult to imagine that there will be elections in Aceh you know and it will really seriously affect the legitimacy of whoever is elected as the President. They have to really negotiate with the military, but probably this will be used by the military as a political bargaining position, to have political influence in Indonesian politics, considering that there will no longer in Parliament after 2004.

What is happening in Aceh is not only threatening the lives of the Acehnese people but the life of political transition in Indonesia. This is really a problem, serious problem, difficult problem, which has to be handled very strongly and carefully by whoever is elected as President in 2004. And I think the United Nations has to hear the suffering of the Acehnese people, in this martial law and also I think the International Commission of Human Rights should be given more access and exercise its mandate in Aceh.

Only 35 percent of GAM forces destroyed so far

Jakarta Post - August 28, 2003

Tiarma Siboro, Jakarta -- With more than 35,000 troops on the ground, Jakarta has only managed to incapacitate 35 percent of Aceh's 5,000-strong rebel force so far, more than three months after the joint operation was launched on May 19.

Coordinating Minister for Political and Security Affairs Susilo Bambang Yudhoyono said on Wednesday that government troops had also only seized about 15 percent of the weapons possessed by the separatist Free Aceh Movement (GAM). Initial military estimates put the number of weapons owned by GAM at slightly over 2,000.

Military leaders claimed earlier that government troops had taken full control of the country's westernmost province, where GAM rebels have been fighting for independence for the resource-rich province since 1976. More than 10,000 people, mostly civilians, have been killed since then.

Susilo, a retired four-star Army general, said Wednesday that at least 761 rebels had been killed and 546 others injured in armed clashes with government troops since May 19, when the government launched the "joint operation", which was supposed to have included a humanitarian operation, security operation, and law enforcement drive. On the government side, at least 46 soldiers and 13 police personnel had died, he said.

He also said that some 460 rebels had been arrested and were now undergoing police and military interrogation, or were being readied to face trial. "It means we have incapacitated 1,767 of the approximately 5,000 GAM rebels," Susilo told reporters. "I have instructed the Aceh martial law administrator to continue intensifying the pressure on the rebels, and to target GAM leaders," he said.

The security forces in Aceh had also confiscated 339 weapons and 335 homemade bombs. Susilo further stressed that Jakarta would not withdraw its troops from the war-torn province even after the expiry of the six-month deadline set for the end of the military offensive.

Entering the fourth month of the military campaign in Aceh, the TNI claimed that it was now intensifying intelligence efforts targeted at GAM leaders.

On Tuesday, the military bombarded several locations with rockets and bombs dropped from US-made F-16 Fighting Falcons and OV-10 Broncos.

Susilo brushed aside the possibility of talks with the rebels, saying that GAM had only one option -- surrender to the government. "For the government, there will be no more dialog. We have finalized the issue of the unitary state, offered the province special autonomy status and asked GAM rebels to put down their weapons. The United Nations has assured us that it would not support the establishment of Aceh as an independent state," Susilo told reporters after chairing a meeting on political and security affairs that discussed various issues, including Aceh.

Facilitated by the Switzerland-based Henry Dunant Centre (HDC), the government and GAM agreed on a peace deal in December last year, which, among other things, offered special autonomy to the country's second richest province after Papua in terms of natural resources, as well as the imposition of a modified form of sharia. The agreement also said that GAM would lay down its weapons in stages.

But when the accord collapsed, Jakarta declared martial war in the province and sent thousands of troops there in an attempt to crush GAM, despite protests from rights activists who feared that the Jakarta was intent on repeating the sort of widespread rights violations that occurred when the province was designated a military operations zone (DOM) from 1989 through 1999.

TNI accuses Aceh rebels of massacring villagers

Agence France Presse - August 28, 2003

The Indonesian military reported 14 more deaths in war-torn Aceh province and said seven of them were villagers massacred by separatist rebels.

More than 20 Free Aceh Movement (GAM) rebels shot dead the seven residents of Gunung Semelit village in Central Aceh on Tuesday, said military spokesman Ahmad Yani Basuki on Thursday.

He said the rebels seized the villagers' ID cards and fled to a nearby mountainous area. GAM denied the report. "It is impossible that the shooting was carried out by us because none of our troops were operating in the village on that day and we have no reasons to shoot innocent villagers," spokesman Sofyan Daud told AFP in Jakarta by phone.

Basuki also said residents found the bodies of a husband and wife bearing gunshot and knife wounds at Peureulak in East Aceh on Wednesday. A male corpse bearing severe torture marks was found floating on a river in Bireuen district the same day.

Troops on Wednesday shot dead a rebel at Lhoksukon in North Aceh and gunned down another one in the Paya Udang area of Aceh Tamiang district, Basuki said. Soldiers shot dead a rebel and confiscated an automatic rifle during a gunfight in the Kluet Utara area of South Aceh on Wednesday.

He said soldiers also found the body of a rebel who is believed to have died of malaria in the Samahani area of Aceh Besar district the same day.

The spokesman said soldiers also captured seven suspected rebels during three separate operations on Wednesday.

The government on May 19 launched a massive military operation to crush the guerrillas, who have been fighting since 1976 for independence for the energy-rich province on Sumatra island.

The military said Tuesday that at least 752 rebels have been killed and more than 1,700 have been arrested or have surrendered since the start of the operation. Thirteen police and 46 soldiers have died. Human rights activists and other groups have questioned whether the military figure for rebel deaths also includes civilians.

Asylum seekers from Aceh will still be deported

Kompas - August 26, 2003

Jakarta - After having previously taking a soft position [on refugees] and stating that it will give temporary residency permits to hundreds of Acehnese asylum seekers in Malaysia, yesterday, the Malaysian Foreign Minister, Syed Hamid Albar, did an about turn and issued a strong statement [on the issue]. According to Albar, giving permission to Acehnese citizens to stay will only create problems.

"If Malaysia supports the asylum seekers, this will encourage other people to enter Malaysia. We [stand] together with the government of Indonesia and have agreed to prevent more and more Acehnese citizens coming to Malaysia", Albar said in Kuala Lumpur on Monday (25/8).

Albar rejected criticisms by the United Nations Commission for Refugees (UNHCR) which has accused Malaysia of arresting the asylum seekers when they were in the process being registered with the UNHCR offices in Kuala Lumpur.

"The UNHCR has no right to register them as refugees, because they are not actually refugees. They are Acehnese people who have entered Malaysia without valid travel documents", he said.

Moreover, according to Albar, Malaysia is not one of the signatories of the UN Convention on Refugees, in legal terms therefore, they do not recognise the terms refugee or asylum seeker. "All Acehnese citizens who are presently being detained in the Langkap [immigration station in Perak] are to be deported", he said. If Malaysia supports refugees that arrive [in the country], Malaysia will have to deal with may other illegal arrivals.

Evidence that it is not safe

On Monday meanwhile, the Solidarity Movement for the People of Aceh (Solidaritas Gerakan Rakyat Untuk Aceh, SEGERA) and the Central Organisational Committee of Acehnese People's Democratic Resistance Front (Front Perlawanan Demokratik Rakyat Aceh, FPDRA), stated that the hundreds of Acehnese citizens that have fled to Malaysia to seek asylum at the UNHCR headquarters is an indication that the conditions in Aceh are not safe.

"This must be seen by the government as a self-criticism of the military emergency [in Aceh] which has created terror and fear among the civilian population there. The claim by the emergency military command in Aceh that Aceh is safe, has been proven to be just empty talk", said the chairperson of FPDRA, Thamrin Ananda.

The poor guarantees of safety for the civilian population in Aceh has already forced hundreds of Acehnese citizens to take refuge in Malaysia and seek political asylum. The chairperson of SEGERA, Yusuf Lakaseng called on the government to look at these facts as a open self-criticism of the military emergency.

Looking at the tendency for the armed security operation to be prioritised while neglecting other operations such as the humanitarian operation and the operation to uphold the law in order to win the hearts and minds of the Acehnese people, Yusuf was extremely pessimistic that the military emergency will bring satisfactory results.

"The closure of access to [outside] investigations and monitoring in Aceh represents and indication that the emergency military command is afraid of what they themselves are doing", said Yusuf.

A third country

With regard to the asylums seekers at the Kuala Lumpur UNHCR who have refused to be repatriated to Aceh, SEGARA and FPDRA urged the Malaysian government and the international community to provide guarantees of safety and protection. "If Malaysia is not prepared to provide political asylum, then the UNHCR must seek a third country with is prepared [to do so]", said Yusuf.

Thamrin rejected the forced repatriation of hundreds of asylum seekers back to Aceh. The experiences of the repatriation of thousands of Acehnese citizens from Malaysia in 1998 was that as soon as they arrived in Aceh they were detained in [the notorious] Rancung [military detention and interrogation centre] in Lhokseumawe and intimidated. (AFP/INU)

[Translated by James Balowski.]

Military bombards Aceh again

Jakarta Post - August 27, 2003

Nani Farida and Teuku Agam Muzakir, Banda Aceh/Lhokseumawe -- For the second reported time, the Indonesian Military (TNI) dropped bombs and fired rockets at suspected rebel positions in two days of air strikes in Aceh with its Falcon F-16 and OV-10 Bronco bombers, claiming the Free Aceh Movement (GAM) commanders were under siege.

The Air Force deployed three US-made Falcon F-16 jetfighters and two OV-10 Bronco bombers from the airbase in Medan, capital of North Sumatra, to bombard several GAM hideouts in Puuk village, Cot Keueng district, Aceh Besar Regency. But it was not immediately clear whether the bombs and rockets reached their targets.

On Monday, the jet fighters dropped 14 rockets and several bombs in remote Kemukinan Mbang forest, Syamtalira Bayu district, North Aceh Following the air strikes, soldiers of the Army's Special Force (Kopassus) were deployed to go into the suspected GAM hideout but only found one man, later identified as Muhammad Iqbal, 28. The soldiers also confiscated a combat rifle and ammunition from Iqbal, as well as a radio transmitter and other items.

One soldier suffered minor injuries from a bomb explosion during the ground assault. He is now being treated at the Army's hospital in Lhokseumawe. Syamtalira Bayu is known as GAM's bomb detachment and the area is reportedly heavily booby trapped.

The air strike was at least the second one that the TNI has launched to defeat the separatists. The first was launched during the first month after the government declared martial law on May 19.

The military has so far claimed to have killed more than 750 rebels and arrested 1,500 others, many of whom are undergoing police and military investigation or facing trials.

Aceh Military Operation Commander Maj. Gen. Bambang Darmono claimed that hundreds of troops had blockaded the rebels' camp and believed that several GAM commanders, as well as some a hundred-strong rebels, were hiding inside.

"We [military] did some surveillance around the location a week ago before launching the air strike. We predicted that at least, a hundred rebels, including GAM commanders, were inside the camp," Bambang, who led the strike, told reporters on Tuesday. He, nevertheless, refused to disclose the name of GAM commanders who were currently under the siege, but reportedly, GAM Commander Muzakkir Manaf was among them.

Meanwhile, Tengku Jamaika, GAM spokesman in Pase region, denied that several GAM commanders were currently under siege, saying the military had attacked civilian residences.

There are three villages in Kemukiman Mbang being bombarded: Pulo Meuria, Dayah and Krueng Seupeng. Jamaika also said that the military has bombarded residential areas in Leubok, Blang Pante and Pante Kiro in Matang Kuli districts within the past few days.

Entering the fourth month of the military campaign, the TNI claimed that it was now intensifying intelligence efforts and targeting GAM leaders. But in the past several days, no GAM leaders have been captured.

The TNI began the assault on GAM positions with an air strike using British-made Hawk jet planes. Britain expressed objection to the use of its planes against other Indonesians, citing a pre-purchase deal.

Since Indonesia purchased the American F-16 jet fighters in 1996, the war against GAM rebels could become the last time the fighters are used in combat.

Military personnel have complained in the past that it was increasingly difficult to operate the American-made warplanes due to a shortage of spare parts as the US has not yet entirely lifted its arms embargo imposed on Indonesia following its assertion that the TNI was responsible for the rights violations in East Timor in 1999.

Military claim 752 Aceh separatists killed in 100 days

Deutsche Presse Agentur - August 27, 2003

Banda Aceh -- Government troops have killed up to 752 separatist rebels in the roubled province of Aceh during the first 100 days of an all-out offensive aimed at crushing the 27-year-long insurgency, military sources said Wednesday.

During the same period, some 45 army soldiers and 13 police officers were killed while 112 troops and 60 policemen have been wounded, said Lieutenant Colonel Ditya Sudarsono, spokesman of the Aceh's martial law administration.

Ditya said that after 100 days of fighting in Aceh, the government forces had also captured 555 separatist rebels of the Free Aceh Movement (GAM) and 457 rebel sympathizers had surrendered. He added that a total of 335 types of weapons were seized.

He said such figures demonstrated the success of the military operation in Aceh and hailed the local people's contributory role in terms of giving information to the security authorities about the rebels' hideouts. He accused GAM rebels of continuing to commit violence and launching terrorist activities, such as kidnappings and killings.

Meanwhile, Aceh governor Abdullah Puteh said the security situation in the restive province had improved by 45 per cent after 100 days of military operations. The governor expressed his hope that security would be completely back to normal by the six-month deadline given for the implementation of martial law in the province.

Indonesian military launches air raid against GAM

Antara - August 26, 2003

Banda Aceh -- Six Indonesian Military aircraft raided on Tuesday the hills of Kuta Baro subdistrict, Aceh Besar, believed to be a stronghold of the Free Aceh Movement (GAM).

Three US-made F-16 fighter jets and three Broncos were deployed in the operation led by Air Force field commander Lt. Col. Nazirsyah. Security officers said the target of the raid was located far from the civilian villages of Pu'uk and Cot Keueng in Kuta Baro.

"The rebel movement has dozens of huts in the hills. The raid was aimed at paving the way for a ground attack," a local official said.

Indonesian soldiers have arrested 31 rebels in two villages in the area since the beginning of the military campaign.

The government declared martial law in Aceh on May 19, paving the way for a full-scale military operation to crush the movement,which has been fighting for an independent Aceh since the mid-1970s.

Aceh: Jakarta's war to be extended

Green Left Weekly - September 17, 2003

James Balowski, Jakarta -- Indonesian government officials and high-ranking military officers have been hinting that, despite the military's (TNI) much-touted successes in its war against the separatist Free Aceh Movement (GAM) in the province of Aceh, the so-called "integrated operation" may be extended beyond its original six-month deadline. This was confirmed by TNI chief Endriartono Sutarto on September 3.

Sutarto said the TNI is considering extending military operations in Aceh to April, when legislative elections are scheduled. Sutarto said that successfully holding the elections in Aceh, at the same time as other parts of Indonesia, is one of the TNI's goals.

Launched on May 19, the operation -- which is supposed to include a humanitarian component and the "empowerment" of the local administration -- has been dominated by a vicious military campaign to crush GAM. There have been reports of widespread human rights abuses by the military.

Sutarto told the September 4 Jakarta daily Kompas: "To safeguard the momentum of the success of the integrated operation, whatever decision is taken by the government, as long as GAM is capable of disrupting security, the military operation in Aceh will be needed. Therefore, TNI troop numbers in Aceh will be maintained until conditions are considered to be safe for life to return to normal." Sutarto admitted that the TNI was having difficulties defeating GAM because it has resorted to "a strategy of guerrilla war". "A guerrilla war cannot be finished in one or two months. Our experience in confronting Darul Islam [which fought an unsuccessful campaign to establish an Islamic state between 1948-62] was that it required several decades. In East Timor, that took 23 years... The United States in Vietnam [fought for] decades and fled in disarray. There has never been a guerrilla force which could be dealt with in just three or six months", he said.

Indonesia's coordinating minister for politics and security Susilo Bambang Yudhoyono, speaking after a cabinet meeting, also confirmed to the September 4 Kompas that TNI and police troop levels would not be reduced in the near future. Yudhoyono explained that the government had never set a target of six months for the operation.

Data released by the Aceh police operational command on September 4 revealed that so far at least 319 civilians have been killed during Jakarta's war in Aceh, with 108 disappeared and 117 others wounded. Although lower than the numbers cited by human rights organisations, the figures are far higher than previously admitted by the military. An August 28 report by a coalition of non-government organisations found that at least 100 women have been raped in a similar period.

West Papua

Government move only hardens Papuans's determination

Jakarta Post - August 29, 2003

Neles Tebay, Pontifical University of Urbaniana, Rome -- The controversial plan to divide Papua into three provinces was delayed on the heels of the fatal clashes following the announcement of the Central Irian Jaya province in Timika.

Yet while the controversial Presidential Decree Number 1/2003 on Papua's division has not been canceled, the central government needs to take into account all potential effects of its imminent materialization. Jakarta's endorsement of the establishment of new provinces in Papua would only fuel the Papuan people's campaign for self-determination.

The presidential decree on Papua's division has been and will be used by the Free Papua Movement (OPM) in some foreign countries to show how Jakarta deceives the international community by violating its own law on Papua's autonomy. Such a move was already expressed in the OPM's letter dated June 30, to the Pacific Islands Forum (PIF). "Indonesia went out to sell its Special Autonomy Law," however it added, "Indonesia has destroyed it," through the division of Papua into three provinces. The letter continues, "the subdivision of West Papua does not serve any purpose other than security. It will pave the way for more security forces and militia". Therefore, the Vanuatu based-OPM has appealed to the PIF "to collectively and individually take up the West Papuan case with the United Nations Secretary General Kofi Annan and the United Nations General Assembly".

The PIF members' annual meeting in Auckland, New Zealand, from August 12 to August 18, which was also participated in by the OPM's representative John Otto Ondowame through Vanuatu's delegation, did not express their support either for Papua's division nor the OPM's appeal. Rather the Pacific countries reiterated their support for special autonomy for Papua, which for them "offers realistic prospects for peaceful resolution of the situation in Papua." The PIF then urged Indonesia "to expedite promulgation of the necessary regulations and to take other steps needed to give effect to special autonomy."

With the possible creation of the third province in Timika, the OPM might be convincing the PIF that Jakarta has undermined PIF's support for Papua's autonomy law, and it calls for PIF's support for its campaign for the review of the 1969 Act of Free Choice in Papua. Jakarta should not underestimate this campaign. The campaign is no longer merely limited to OPM; it is now widely supported by the international solidarity movement for Papua, composed of many leading non-governmental organizations (NGOs) in foreign countries.

For the NGOs, the root cause of the Papua problem is the denial of the right to self-determination in 1969. The solidarity movement, in its fourth annual conference earlier in Auckland from August 8 to August 10, recognized that "the root cause of the human rights problems in West Papua is the fraudulent Act of 'Free' Choice, which was part of an attempt to legitimize the take over of West Papua by Indonesia in 1969".

John Gershmen, a senior analyst at the Interhemispheric Resource Center, recognizes that "West Papua was not part of Indonesia at the time of Independence and weakly integrated into Indonesia," (Foreign Policy in Focus, October 2002).

Anthony L. Smith, a senior research fellow at the Asia-Pacific Center for Security Studies in Honolulu, acknowledges that West Papua was annexed by Indonesia through the 1969 plebiscite, and the UN simply "noted" the plebiscite as having occurred, but it never actually endorsed its outcome (Foreign Policy in Focus, Nov.

27, 2002). The European Commission's (EC) independent mission to Indonesia further reports: "Indonesian troops immediately took control of the territory, and the 'Act of Free Choice' which took place on August 2, 1969, was never more than a farce. A grand total of 1,025 Papuans, all selected by the Indonesian authorities, were permitted to vote -- with virtually no UN monitoring -- on the future of West Papua's 800,000 inhabitants." The then UN deputy secretary general, Chakravarthy Narashiman acknowledged that the plebiscite "was just a whitewash". He was closely involved in overseeing the work of the UN mission that was present in Papua at the time.

John Saltford, a British scholar, has published his study on the UN's role in relation to the 1969 plebiscite in Papua, under the title "The United Nations and the Indonesian take-over of West Papua 1962-1969: The Anatomy of Betrayal". Collecting data from the UN documents, Australian and British documents, Saltford indicated the failure of the UN in conducting its obligation and responsibilities, and how the UN officials advised Jakarta how to "prevent a heated debate at the UN General Assembly" when a UN report on the plebiscite came up for discussion. He also discovered some misleading statements by senior UN Secretariat officials in the run-up to the plebiscite, some evidence of the role of the UN secretariat and staff in the take-over of West Papua by Indonesia, and how the New York agreement as the guideline of the plebiscite was not properly implemented.

All these strengthen the NGOs' campaign for Papua's self- determination by calling on the UN Secretary General to review the UN's conduct in relation to the 1969 plebiscite. Initiated in March 2002, some 79 leading NGOs and 134 parliamentarians from several countries have since joined the campaign. In July 19, 2002, some 34 members of the European Parliament called on the European Commission and Council "to urge the UN Secretary General to instigate an immediate review of the UN's conduct in relation to the "Act of 'Free' Choice" and reconsider the act of self- determination in West Papua of August 1969, as it continues to be a source of unrest and protest in West Papua and constitutes a threat to stability and peace in the region of Southeast Asia".

The NGOs might be influencing their respective governments by saying that Indonesian government has undermined their government's support for autonomy through the planned division of the provinces, apart from suspending the establishment of the Papua People's Assembly (MRP). The solidarity movement has even already urged the PIF to also support demands that "West Papua" be "reinstated on the agenda of the UN Decolonization Committee". Given its non commitment to its own law on autonomy, the central government should not be surprised if many more NGOs, governments, and parliamentarians in foreign countries, support the campaign for the UN's review of its conduct in relation to the 1969 Plebiscite.

Government needs to change to end Papua violence

Jakarta Post - August 30, 2003

Muridan S. Widjojo, Jakarta -- The public has again apparently been taken by surprise by the popular uprising in Papua, this time in Timika. The clashes were triggered by the declaration of the Central Irian Jaya province by Jakarta elites.

For five days from August 23 to August 27 the group which agrees with the establishment of the new province led by the head of the Mimika legislative council, Andreas Anggaibak, supported by the "Group of Seven Tribes", battled the opposing group. The latter was led by the youth of the Amungme tribe, Thomas Uamang, Yopie Kilangin and Yohanes Deikme, with the support of the Amungme and other tribes in Timika.

At least five people have been killed and dozens of others have been injured in what a leading Papua figure, Tom Beanal, has termed a perang adat, a war between traditional tribes. We may yet see even more clashes.

On a national and local level this conflict reveals years of tension between the groups which are "pro democracy" and those which are "pro status quo" in Papua. The first indication of this revelation would be to see who is really engaged in the battle at the local level. The group which agrees to the set-up of the division of the province is led by Andreas, a retired police sergeant, who became head of the Mimika legislative council. The rival group is led by Yopie and company who are activists of the Amungme people's organization, Lemasa.

Yopie's role in the opposition of the division of Papua into three provinces cannot be separated from the figure of Tom Beanal, known in pro-democracy circles since the early 1990s. He leads the Lemasa and is the Amungme tribal chief, who became Deputy Chairman of the Papua Presidium Council (PDP) as well as being a commissioner of the American-Indonesian mining firm, PT Freeport Indonesia.

Tom and Andreas struggled together in Lemasa against Freeport around 1995, but parted ways after Freeport decided to allocate 1 percent of its income for local development, and after the Integrated Timika Area Development (PWT2) project was launched in 1996.

Andreas and his supporters of the "Group of the Seven Tribes" accepted the development funds and gained the support of the military, the bureaucracy and Freeport. Tom, on behalf of Lemasa, supported by various tribal chiefs in Timika, rejected the cash, because it was considered to have skewed the basic issues between the Amungme and Kamoro tribes on one side, and Freeport on the other. Beanal sued Freeport in a US court on charges of its involvement in supporting the military in human rights violations in Papua.

The conflict widened. Tom and Lemasa gained support from domestic non-governmental organizations (NGO) as well as some state institutions, and the issue has engaged various parties in Jakarta. Some of those involved have record of supporting democracy and human rights, such as the Indonesian Forum for the Environment (Walhi), the Indonesian Legal Aid Foundation (YLBHI), the National Development Planning Board, the Office of the State Minister of the Environment as well as the National Commission on Human Rights. Meanwhile in Timika, the 1 percent development fund and the implementation of the PWT2 was expedited with the full support of the local government, the military and Freeport.

Tensions between those who were happy with the development money and those that considered it a compromise payoff increased. In January 1997, a similar clash occurred in Kwamki Lama, also in Timika. Similar to the battle last year there were many fierce clashes with traditional weaponry. Two died, one from each side.

The 1 percent fund, now managed by Andreas, is said to have been misused by corrupt people and many have pointed at this corruption as being the cause of several recent local conflicts. Freeport hired consultants, who then sided with Tom Beanal, and since 1998, the management of the money fell to Tom's group. The conflict between the groups led by Tom and Andreas continued until the 1999 election and the election of the Mimika regent.

In the local context, this political enmity could become permanent. Victims, and mainly the dead -- two in 1997 and five so far this year, and those from various other clashes -- have become the basis of the rupture between the two groups in Timika. The conflict is beginning to be internalized into the social system of the tribes in the Timika mountains where "tribal wars" are becoming a customary method of settling problems.

On the national level the clash between the pro-democracy and the pro-status quo groups started in the early 1990s. At that time, Tom and a number of Jayapura-based NGOs which were active in advocating for the people's rights started to work with Jakarta NGOs such as Walhi and the Institute for Policy Research and Advocacy (Elsam) to oppose the status quo New Order regime, military domination and Freeport. This also led to the public revelation of possible human rights abuses in Timika between 1994 and 1995.

This achievement led to a number of other investigations on right violations, public debate on customary rights, women's rights and the emergence of various people's organizations and demands to withdraw military troops. Initially, passive religious institutions, universities and students began to liven up political dynamics in the province.

When the special autonomy law was introduced in 2001, Tom, the leader of the Presidium Council, rejected it. But the intellectuals and academics, political figures and church leaders were realistic and tried to treat the special autonomy law as a source of hope to settle the Papua problem. Yet, when it became apparent that current regime in Jakarta was going to betray its own promise of special autonomy by expediting the division of the province this year, all these strategic representatives of Papua suddenly became united to resist the regime. They all raised opposition when President Megawati Soekarnoputri signed the Presidential Instruction No. 1/2003 to divide the province in January.

Therefore the map of the struggle on the national level has not changed much. While in the early 1990s the pro-democracy group resisted the authoritarian regime of the New Order, now they are resisting the pseudo-democratic regime of Megawati. Her closest advisers in her regime have been collaborating with, among others, the local bureaucracy, which eventually lost the governor's seat in 2001.

Finally political struggle, frequently characterized by violence, will continue to recur in Papua. There will be more victims, from important figures such as the Papua Council's Theys Eluay in 2001, to ordinary young people such as Jimmy Beanal of Lemasa, as long as Jakarta does not change its political orientation and vision, to enable a more healthy political contest between the prodemocracy group and the pro-status quo group.

Jakarta has for too long imposed its will on Papua, and consequently Papuans will always react negatively to anything coming from Jakarta. Quo vadis?

[Muridan S. Widjojo is a Researcher with the Indonesian Institute of Sciences (LIPI) and a PhD Candidate at the Center for Non- Western Studies, University of Leiden, the Netherlands.]

Police detain a suspect in Timika clashes

Jakarta Post - August 30, 2003

Papua/Jakarta -- Police in Timika, Papua have detained as a suspect, a man identified only as LS and questioned seven others for alleged roles in bloody clashes over the controversial creation of Central Irian Jaya province last week.

Days of bloody clashes have been ongoing sporadically since last Saturday between opponents and supporters of the new province, prompting Jakarta to postpone its own decision indefinitely.

Meanwhile, the death toll in the conflict rose to five after Yulita Takati, who sustained a serious arrow wound to her chest on Wednesday, died in a local hospital on Friday. At least 104 others, from both sides, were injured in the clashes that mostly ended on Wednesday.

As of Friday, the situation was said to relatively calm. Main roads that had been closed for several days were opened, and schools resumed classes.

Timika police chief Adj. Sr. Comr. Paulus Waterpau said LS would be charged with Article 160 of the country's Criminal Code for inciting a riot, which carries a maximum jail sentence of six years.

In Jakarta, Police Chief Gen. Da'i Bachtiar said Friday that police would remain on alert for possible renewed clashes. Police have deployed so far two companies of police reinforcements to Timika. They came from Makassar in South Sulawesi, and Jayapura in the northern part of Papua.

Papua police chief Insp. Gen. Budi Utomo met on Friday with the leaders of the two camps in order to open up an opportunity for the two groups to reconcile. The move would be followed up by the Papua provincial administration which is scheduled to hold a meeting involving religious leaders and local figures to discuss the fate of Jakarta's plan on the establishment of Central Irian Jaya and reconciliation.

Meanwhile, led by Papuan figure Tom Beanal, the one group also appointed Elsham, a Papua-based non-governmental organization dealing with the human rights issues, to file a class action lawsuit against the government and to demand that the central government annul its decision to partition Papua into three provinces -- Papua, Central Irian Jaya and West Irian Jaya.

They were particularly referring to the previously suspended law No. 45/1999 on the establishment of West and Central Irian Jaya provinces, North Maluku, and the creation of Paniai, Mimika, Puncak Jaya and Sorong regencies, as well as Presidential Instruction No. 1/2003 which effectively re-activates Law 45 after it was dormant under the two previous governments due to widespread Papuan discontent on the matter.

"The two regulations are controversial, and create animosity among the people that has led to the death of five Papuans and injuries to more than 100 others.

"The government has to drop the policy to divide Papua because of so much popular opposition here and because it violates the law," Elsham executive director Alosyus Renwarin told reporters, referring to Law No. 21/2001 on the special autonomy status for Papua.

Law No. 21/2001 stipulates that Papua covers what law No. 45 calls Papua, Central Irian Jaya and West Irian Jaya. It also states that any move to divide the province requires prior approval from the Papuan People's Assembly (MRP), the province's highest legislative body consisting of traditional leaders, religious leaders and noted public figures. The MRP, however, has not been established, allegedly due to foot dragging in Jakarta even though it has been almost two years since the special autonomy status took effect on Jan. 1, 2002.

Separately, Justice and Human Rights Minister Yusril Ihza Mahendra said in Jakarta that his Ministry would review the regulations on Papua within a month and promised to grant special autonomy even though the province was divided into three smaller provinces.

Yusril asserted that the decision to delay the creation of Central Irian Jaya province did not mean that the government would drop the plan. "Problems with regard to the regulations come up when the special autonomy law recognizes only one Papua as a whole province, overriding law No. 45/1999. "But even though we [the government] will divide Papua into three, it doesn't mean that the special autonomy will only be effective in one certain province," Yusril added.

Central government flouting law of land

Jakarta Post - August 29, 2003

Jakarta/Papua/Denpasar -- Experts have finally begun to step up criticism of the government for violating its own laws on Papua, saying that it would only spark further legal uncertainty and become a divisive issue for the people, especially the residents of Papua.

Constitutional law expert Sri Soemantri asserted that the government could not just arbitrarily enact Law No. 45/1999 on the division of Papua, then known as Irian Jaya, into three provinces, without taking into consideration Law No. 21/2001 on special autonomy for Papua, which is obviously more recent legislation.

"From a legal point of view, the law on special autonomy for Papua has stronger grounds than the previous legislation," Soemantri stated.

He was responding to the government's decision to inaugurate Central Irian Jaya province last week. The government has since decided to delay further division of Papua until security is ensured.

"I understand that the delay was made after our leaders got wind of the socio-cultural and political developments there," Soemantri said, referring to the ongoing bloodshed in Timika between several thousand supporters and opponents of the creation of Central Irian Jaya province. Four people have been killed in the violence as of Thursday.

"For the sake of legal certainty, however, the government cannot partially enforce a regulation because it will only create more confusion," he said, suggesting that the government postpone or drop the plan to split Papua into smaller provinces all at once.

President Megawati Soekarnoputri earlier this year issued Presidential Instruction (Inpres) No. 1/2003 to accelerate the formation of West and Central Irian Jaya provinces. The instruction was meant to make inactive Law No. 45/1999 active, after it was suspended under the administration of former president Abdurrahman Wahid due to massive popular opposition in the province.

The President's decision has come under fire for ignoring Law No. 21/2001 which legally defines the establishment of a Papua People's Assembly (MRP), an institution which the government must consult on any important decision regarding the province, including one such as splitting it up.

"There should have been no decision to divide Papua before the government had established the MRP," Soemantri stressed.

So far, the government has been reluctant to form the MRP and repeatedly suggested that the decision-making power of the MRP be reduced on grounds that it "is not a political institution." "I suggest the government set up a team to review all regulations which are inconsistent or contradictory with Law 21/2001 as the latest legislation," Soemantri, a professor from Bandung's Padjadjaran University, emphasized.

Ryaas Rasyid, who said he does eventually support the split of the province, was one of the experts who helped write the autonomy laws. Ryaas concurred with Soemantri, however, and urged the government to delay its plan until it had evaluated all contradicting regulations on Papua.

Meanwhile, Marthen Ferry Kareth, a legal expert from the Papua- based state Cendrawasih University, said the government was out of line when it alleged that the Papuan people were planning to manipulate the special autonomy status and the MRP to aid in the independence struggle.

"We are loyal to the unitary state of Indonesia. If the government finds a violation in the way we implement the law, they can take stern measures," Marthen said.

Minister of Home Affairs Hari Sabarno denied accusations that the partition of Papua was aimed at breaking up and segregating Papuan people.

The retired Army general claimed that the division of Papua province was needed to increase the local government's administrative ability and improve its public services as well as to empower local human resources in the government sector.

"By dividing Papua, the central government hopes to shorten the chain of bureaucracy on the vast but lightly populated island. A shortened chain of control and bureaucracy is in accordance with the spirit of regional autonomy," Hari opined after swearing in Dewa Made Beratha as the Bali governor for another five-year term in Denpasar, Bali on Thursday.

Papua students call for separation of Papua be annulled

Detik.com - August 30, 2003

Bagus Kurniawan, Yogyakarta -- In the aftermath of the violent clashes between Papua citizens as a result of the creation of the new province of Central Irian Jaya, Papua students in Yogyakarta have called for the [decision to] divide up the province of Papua be immediately annulled. As well as this they asked the government to take responsibility for the physical clash in Timika.

"As well as demanding that the government take responsibility [for the clashes], we also urge President Megawati to revoke Presidential Instruction Number 1/2003 on the acceleration of the formation of the provinces of West Irian Jaya, Central Irian Jaya and East Irian Jaya", the chairperson of the Yogyakarta Papua High School and University Students Association Evendi Payohwa told journalists following a joint prayer meeting at the Cendrawasih student dormitories on Jalan Kusumanegara, Yogyakarta on Friday (29/8).

They were of the view that the policy of dividing up the province of Papua into three parts is not appropriate at this time. Based on the population size of Papua which in total is only 2.3 million people, [the numbers are] far too small and not sufficient [to warrant such a division]. This would mean that each province would only have around 750 thousand people. "And if the government insists on dividing up Papua in stages, we will continue to reject this because the division of the Papua province is not the solution", he said.

Payohwa explained that the government and the People's Representative Assembly must immediately make amendments to Law Number 45/1999 on the division of the Papua province because at the time the law was promulgated it was written in interests of the politicians rather than to improve the prosperity of Papuan society. "The conflict the other day is factual evidence that Papuan society is truly the victim of a horizontal conflict", said Payohwa.

Meanwhile Jaek Wanggai from the Joint Papuan Students Secretariat added that since 1969(1) until now, there have been at least 20 legal instruments produced by the government on development policies in the province of Papua, however the resulting [laws] have overlapped each other. As a consequence, the Papuan people have been hurt. At the same time this proves that the central government is acting in a discriminating manner, that is it is not serious in advancing [the interests of the people of] Papua.

Wanggai explained that if the government does not revoke Presidential Instruction Number 1/2003 and make amendments to Law Number 45/1999, Papua students in Yogyakarta are threatening to mobilise the Papuan people to boycott the 2004 general elections. As well as this, they are demanding a referendum be held for the people of Papua which includes three options, that is the division of the province, special autonomy or independence. (bgs, zal)

Notes

1. Known as the "Act of Free Choice", in 1969 a referendum was held to decide whether West Papua, a former Dutch colony annexed by Indonesia in 1963, would be become independent or join Indonesia. The UN sanction plebiscite, in which 1,025 hand picked tribal leaders allegedly expressed their desire for integration, has been widely dismissed as a sham. Critics say that that the selected voters were coerced, threatened and closely scrutinized by the military to unanimously vote for integration.

[Translated by James Balowski.]

Government suspends plans to split Papua province

Radio Australia - August 28, 2003

The Indonesian government has suspended plans to divide the province of Papua into three, after days of sustained street fighting. But Jakarta says it has not abandoned its plan to divide the resource-rich province, to improve administration. There are fears the real agenda is to undermine the long-running separatist movement.

Presenter/Interviewer: Sonya De Masi

Speakers: Dr Agus Sumule, University of Papua; Dr Chris Ballard, Australian National University

De Masi: Fierce street fighting broke out this week when supporters of the province's division marched through the town of Timika, to mark the inauguration of the newest province to be declared, Central Papua.

A presidential decree issued in January divided Papua into three provinces, Central, East and West. Dr Agus Sumule is an academic at the University of Papua, and lives in the town of Manokwari, the capital of the new Western Papua province.

Sumule: This is one way to paralyse the whole effort, which has been built painstakingly from Papua to find a peaceful solution to antagonistic relationship with Jakarta. I think the current situation in Timika has already proved the situation ahead will be unfavourable unless there is a willingness from Jakarta to sit down with the government of Papua and find a solution to this current conflict.

De Masi: Dr Sumule is one of a group of people appointed by the governor of Papua to put together the special autonomy package which was passed into law in October 2001. He says that package requires the central government to form a Papuan People's Assembly or MRP, which he says should have preceded any moves to split the province.

Sumule: The law of special autonomy actually allows the province of Papua to be divided. The problem is the procedure is not followed by the central governemtn. The first thing is to have the Papuan Assembly formed first, a bicameral system, just normal Parliament then an indigenous assembly.

De Masi: Are you saying that decree is illegal?

Sumule: It is illegal. Under any definition it's illegal.

De Masi: He says Jakarta has also failed to consider critical issues in dividing the province.

Sumule: The first one is the so-called cultural grouping, here in Papua we have more than 250 local languages, that's already an indication it's not an easy thing to draw a line in a map. Secondly it has to take into consideration economic potential, and thridly of course is to anticipate future development. Not those three things have not been considered properly.

De Masi: Indonesia's Security minister, Bambang Susilo Yudhoyono, has announced the government will now take into account these economic and socio-cultural factors, before deciding whether to pursue the division. He's also been reported as saying the government would also review the establishment of the Papuan People's Assembly, MRP. But Dr Chris Ballard, from the Australian National University, says there is some confusion about what the governent's actually announced.

Ballard: Reuters certainly have him saying the regional augmentation in the province of Papua, that is the splitting into three except Western Irian Jaya is postponed, the status quo will remain for the time being, that's a fairly clear indication the far western province, Western Irian Jaya, is still standing but the splitting of the other two provinces is postponed. On the other hand, you have the Jakarta Post, the leading English daily in Indonesia, declaring the recent inauguration of West and Central province had been retracted.

De Masi: Would there be any reason for excluding the Western part?

Ballard: Well, the Western part of Papua or Irian Jaya has always been most likely to set up separately, and there's been a strong push from within that part of the province, certain Papuan elites to push for a separate province, there are major oil and gas reserves which lie in the West and make that province financially viable, but I imagine there's debate now in Jakarta whether to proceed, or whether to postpone and allow events to subside.

De Masi: Independence supporters believe Jakarta intends to put an end to separatist aspirations in Papua once and for all, and fear the proposal to continue to divide Papua will be resurrected soon enough. Dr Chris Ballard says there's strong evidence that this will happen, since moves to split Papua have been around since the 1980s.

Ballard: They've almost always been sponsored by security issues and by the security forces, who've seen it as essential to break up the apparent unity of the Papuans and their push for independence.

No military operation yet in Papua, says Sutarto

Antara - August 28, 2003

Jakarta -- Chief of the National Defence Force (TNI) General Endriartono Sutarto has said his side will not yet launch a military operation in anticipation of possible security disturbances by an armed separatist group in Papua.

Sutarto made the remark to Antara after receiving two Sukhoi (Su-27) jet fighters at the Air Force's Iswahyudi air-base in Madiun, East Java province, on Wednesday.

"We realize there is an indication about possible security disturbances by an armed separatist group in Papua, but we along with the police can handle such a possibility," he said.

Death toll in unrest in Indonesia's Papua rises to four

Agence France Presse - August 28, 2003

The death toll in several days of clashes in Indonesia's Papua province has risen to four, police said after the unrest prompted the central government to shelve controversial plans to split the province into three.

One man wounded early Wednesday has died in hospital, said Abdul Gani, a senior police officer in the town of Timika.

Hundreds of Amungme hill tribesmen, armed with bows and arrows and spears, and other opponents of the new province of Central Irian Jaya have been battling hundreds of supporters of the plan. Three of those killed, including the latest victim, were opponents.

Late Wednesday the government announced it was shelving the reorganisation. Top security minister Susilo Bambang Yudhoyono said the government would take into account economic and social- cultural factors before deciding whether to go ahead with it.

The government says the purpose of dividing the province into three is to improve administration in the wild and mountainous 411,000-square-kilometre territory, which has a population of about three million.

Opponents say the real aim is to lessen support for a long- running separatist movement. They say it violates the grant of special autonomy to the resource-rich province which went into effect in 2001.

Tribal representatives say they fear an influx of outsiders to help run the new province will marginalise them like Australia's Aborigines.

Trouble began after the declaration Saturday of the new province by local legislators and administrative leaders. More clashes occurred on Sunday, Monday and Wednesday.

Gani said about 15 people were injured when tribesmen angered by police efforts to prevent a renewed clash attacked officers early Wednesday. He said there had been no fighting Thursday.

Indonesia has faced a sporadic low-level armed separatist revolt, along with peaceful pressure for independence, since it took control of Papua in 1963 from Dutch colonialists.

Separatists in Papua will be incapacitated: Yudhoyono

Kompas - August 26, 2003

Jakarta -- The Indonesian government has cited the armed separatist movement in Papua as one of three threats against the perpetuation of the nation's existence within the Unitary State of the Republic of Indonesia (NKRI). Therefore the government will soon [take action to] incapacitate the separatist movement in the province of Papua, or where ever such movements exist.

This issue was raised by the Coordinating Minister for Politics and Security, Susilo Bambang Yudhoyono, when presenting greetings during the opening of the First National Conference of the Siliwangi Fighters Foundation in Jakarta on Monday (25/8).

"We will not allow the loss of a single inch of our territorial soil from the Unitary State of the Republic of Indonesia. Because NKRI is final. There is no room for armed separatist movements in Indonesia, either in Aceh or Papua", he explained.

What Yudhoyono was explaining reiterated what had earlier been emphasised by Vice-president Hamzah Haz who was also present to officiate over national conference. Attending the national conference were around one hundred freedom fighters from the period 1945-1949 [the national independence struggle against the Dutch].

"There is to be no more independence in the territory of NKRI. Therefore, armed separatist movements where ever they may be must be incapacitated. Along with the endeavour to incapacitate armed separatist movements in regions of conflict, justice, prosperity and the people's self-esteem areas of conflict must also be restored", explained Yudhoyono.

Poor national integration

Aside from the armed separatist movement is Aceh and Papua, the two other issues which represent a serious threat to perpetuation of nation's existence within NKRI are poor national integration and the upsurge of terrorist acts of which Indonesia has now become a target.

"Terrorism is a crime which is takes no account of humanity and can be carried out by anyone, by groups anywhere and at any time. Terrorism can consume anyone. Including those who know absolutely nothing about the issues. In facing these three threats, the TNI [Indonesian armed forces], police and society need to work hard and work together", explained Yudhoyono.

With regard to these three threats, Yudhoyono gave thanks to the freedom fighters and reminded the young generation to continue to fertilize nationalism and patriotism as one of the solutions against these threats. "The continuity of a historical process which has been long and full of struggle is one we must safeguard and maintain so that the younger generation do not deviate or go astray", he said.

Don't force nationalism

Looking at what has developed in Aceh and Papua in relation to the armed separatist movement in the two provinces, the westernmost and easternmost provinces of Indonesia, the chairperson of the Solidarity Movement for the People of Aceh (Solidaritas Gerakan Rakyat untuk Aceh, SEGERA), Yusuf Lakaseng, and the head of the Central Organisational Committee of the Acehnese Peoples Democratic Resistance Front (Front Perlawanan Demokratik Rakyat Aceh, FPDRA) Thamrin Ananda, emphasised that feelings of nationalism and patriotism cannot be implanted forcibly.

"The history of our nation shows that unity grows because of consciousness and volunteerism. The government must look again at this history. Repressive actions though violence are counterproductive to the growth of nationalism in societies in regions of conflict", said Yusuf.

"Efforts to win the hearts and minds of the people, both in Aceh and in Papua, must be carried out though democratic means and without pressure or intimidation. Conceptually speaking, the methods taken by the government in the integrated operation [in Aceh] are correct. But in its implementation, what has come to the fore is only the security operation", said Thamrin, who admitted he fled Aceh because he had been included in the security forces' wanted persons list.

Looking at the repressive approach which continues to be used by the emergency military command in Aceh, in the short term it has produced demonstrations of nationalism among the Acehnese people, Thamrin [explained saying he had] witnessed a loyalty pledge by thousands of Acehnese people to NKRI in the lead-up to the 58th independence day celebrations [on August 17].

"What is being done at the moment by the emergency military command in Aceh, was also carried when Aceh was designated as a military operations area (DOM)(1). We worry that when the implementation of the military emergency has been completed, the loyalty pledges taken by the people under pressure will fade and boomerang back on Indonesia", explained Thamrin.

Meanwhile, Kompas' records [show that] the government's own policy on the Papua or Irian Jaya problem are still unclear. In 1999, during the era of the government of President B.J. Habibie, the government together with the People's Consultative Assembly (DPR) issued Law Number 45/1999 on the Formation of the Provinces of West Irian Jaya, Central Irian Jaya and East Irian Jaya, the Regencies of Puncak Jaya, Mimika, Paniai and the Sorong Municipality. This represented a policy which provided the legal basis for the separation of the Irian Jaya province into three provinces along with three new regencies.

Before the law could be implemented however, in 2001 the government together with the DPR reissued Law Number 21/2001 on Special Autonomy for the Province of Papua. This policy was issued by the government together with the DPR during the ear of the administration of President Abdurrahman Wahid.

Just in terms of the province's name, the two laws use to different names for the same region, that is Irian Jaya and Papua.

Another issue which has emerged is that in Law Number 21/2001 it says that the separation of the territory of the Papua province will be carried out with the agreement of the Papua People's Council (MRP) and the Papuan Regional Representative Assembly (DPRP) [which is yet to be formed].

If the two laws are to be reconciled, the division of the territory which is mandated by Law Number 45/1999 must be implemented though procedures in Law Number 21/2002.

In fact President Megawati Sukarnoputri, through Presidential Instruction Number 1/2003, has already stipulated an acceleration of the implementation of Law Number 45/2003 in directing the separation of Irian Jaya into three provinces, two regencies along with one new municipal district.

What is then problematic is that the different group's interests in Irian Jaya or Papua, all are dependent on laws made by the government, whether it be Law Number 45/2003 or Law Number 21/2003. As a consequence, what is then referred to as a separatist movement is a movement which is also dependent on official laws. (INU)

Notes

1. One of the grievances fueling the rebellion in Aceh is the secret war waged against the Free Aceh Movement (GAM) in the 1990s under the Suharto military dictatorship, which lasted from 1965 to 1998. From May 1990 to August 1998, Aceh was declared a Military Operations Area, during which the military carried out extensive counterinsurgency operations against the GAM. In this period, thousands of civilians were killed, disappeared or tortured.

[Translated by James Balowski.]

Fundamentalist Islamic militants active in West Papua

ABC World Today - August 27, 2003

Peter Cave: Despite claims that Indonesian forces have cracked down on Radical Islamists in the Indonesian province of West Papua, the separatist movement there says Laskar Jihad is still active and being supported by local Indonesian military.

In May this year, up to 10 villages in the West Papuan highlands were burned and at least 20 people were killed, in what local people claim were terrorist actions attacks by groups linked to Jemaah Islamiah. The OPM, or West Papua Movement, says little has been done to crack down on Islamic militias in West Papua. Dr John Ondawame is a spokesman for OPM. Hamish Fitzsimmons called him at his office in Vanuatu.

John Ondawame: It's become clear that Laskar Jihad, an Islamic extremist group in Indonesia is directly linked with terrorist organisations. What you call now, al-Qaeda. There is no doubt that these links were proved by the cases of the bombing in Bali last year, and also in Jakarta, this year.

Hamish Fitzsimmons: Laskar Jihad were meant to have disbanded after the Bali bombing, though, last year.

John Ondawame: The Indonesian Foreign Minister, Wirayuda, at the Pacific Island Forum, after the dialogue partners meeting in Auckland, confirmed that Laskar Jihad Islamic extremists and al- Qaeda have a strong link. It is no doubt. But regarding the [inaudible] in West Papua, I have to say that there is, of course, a very direct link between these two, three extremist groups and terrorist organisations. We are afraid that what happened in Bali or in Jakarta or elsewhere in Indonesia will repeat again in West Papua.

Hamish Fitzsimmons: What's been the activities of Islamic fundamentalist groups in West Papua over the last six months?

John Ondawame: They continue various activities. For instance, they are training local militias in the many parts of West Papua, particularly in the Baliem Valley. It has become clear that 80 Dani people were trained by the Islamic extremist groups. And then we have a list of names of the West Papuans who were directly involve in those activities.

ELSHAM office or the Institute for Human Rights Studies and Advocacy, the office in Jayapura, have confirmed that these activities have been going on for many years. But in Jakarta, they continue to deny the presence of extremists and also Laskar Jihad in West Papua.

Hamish Fitzsimmons: So, this has been going on over the last few months?

John Ondawame: Yes, absolutely, it's going on for a few months. However, Jakarta and world community deny the presence of Laskar Jihad and the Islamic extremists, and that they have a close link with al-Qaeda.

Hamish Fitzsimmons: What about their links with the Indonesian military? Do they exist, still?

John Ondawame: The military feed these activities. As you would have heard the military has a close link with the Laskar Jihad, militia with West Papuan pro-Indonesians, and also [inaudible] some extent have close link with the extremists, Islamic extremists. So, what's happening in West Papua or in Bali is directly linked with military. As I said, in the Bali case, the military tend to be members of Laskar Jihad and train the [inaudible] people.

Hamish Fitzsimmons: There were reports that 10 villages were burnt by pro-Indonesian forces in April and May in the Central Highlands. What can you tell me about that?

John Ondawame: That was very much linked with these activities, as I said to you. The military, Laskar Jihad, and pro-Indonesian militias, who were referred to as West Papuans who were pro-West Papuan Indonesians -- they are the one responsible for what happened in West Papua, particularly in the immediate area of the Baliem Valley.

Peter Cave: The West Papua Movement Spokesman, Dr John Ondawame, was speaking to Hamish Fitzsimmons.

Pressure up for government to recant Papua division

Jakarta Post - August 27, 2003

Jayapura/Jakarta -- Pressure mounted on Tuesday for the administration of President Megawati Soekarnoputri to retract its decision to partition Papua into three provinces, following deadly clashes between opponents and supporters of the move.

Speaker of the House of Representatives (DPR) Akbar Tanjung called on the government to refrain from dividing up the province before implementing fully law No. 21/2001 on the special autonomy status of Papua.

At least three people have been killed and 45 injured in clashes between opponents and supporters of the Central Irian Jaya province in Timika since Saturday, when the province was declared. Thousands of people from both camps have engaged in open fighting in the streets, using spears, arrows, and other traditional sharp weapons.

"Why did the government issue the decree?" Akbar asked, referring to presidential decree No. 1/2003 on the acceleration of Papua partition into three provinces -- Papua, Central Irian Jaya, and West Irian Jaya.

The decree was supposed to be part of the implementation of regulations of law No. 45/1999 on the creation of Central Irian Jaya, West Irian Jaya, and North Maluku provinces, as well as regencies of Paniai, Mimika, Puncak Jaya, and Sorong.

While virtually all Papuans welcomed the creation of new regencies, they have bitterly opposed the government's decision, which they considered to be part of an effort to divide and rule the province, where a poorly organized secessionist movement has been fighting for independence since the 1960s. Due to strong opposition from the local people, former president B.J. Habibie postponed the division of Papua indefinitely in 1999.

In 2001, the government enacted law No. 21 on special autonomy status for the country's easternmost province, which should have rendered law No. 45/1999 void for Papua. The law stipulates that Papua province covers what is now known as Papua, Central Irian Jaya, and West Irian Jaya, and any move to split up the province should get prior approval from the Papuan People's Assembly (MRP).

The central government, however, is yet to approve the establishment of MRP and its members, who are supposed to consist of leaders of tribes and religious groups in the province, and noted public figures.

Deputy Speaker Muhaimin Iskandar and legislator Tjahyo Kumolo of Megawati's Indonesia Democratic Party for Struggle (PDI Perjuangan) blamed on Tuesday Home Affairs Minister Hari Sabarno for the bloody conflicts in Papua. "In conflicts such as that in Papua, there is tendency that no one claims responsibility. But, I personally think that Hari Sabarno is responsible," said Muhaimin, adding that the House was expected to revoke law No. 45/1999.

In Surabaya, East Java, Hari told reporters that the government did not anticipate the clash following its decision to divide Papua. "We, the central government, do not make hasty decisions. It was supposed to be done in stages, but local people took the initiative to declare it [the establishment of the Central Irian Jaya province]. It's because the local process was too fast. We don't know why the clash occurred so suddenly," he argued.

On February 6, local community leaders in Manokwari district declared the formation of West Irian Jaya province and appointed Abraham Atururi as the province's first governor. It also caused unrest among locals, but no one was injured. Hari only said at that stage, that the central government did not order the declaration.

Vice President Hamzah Haz admitted that the separation of Papua did not run smoothly. "In principle, Papua's division was based on the wishes of the Papuan people. However, it is not running smoothly and has created conflict among the people," he said.

In Yogyakarta, political observer Ichlasul Amal of the Gadjah Mada University criticized the government for failing to pay attention to social and cultural matters in partitioning Papua. "The problem is the government split up Papua in view of geographical aspects only, regardless of the social and cultural issues," he said.

In Jayapura, local figures asked the government not to push Papuans to implement decisions, which were made without involving local people. "We don't understand what the central government wants. They granted a special autonomy for Papua, later on they ordered Papua to be divided into three. The people are confused so they kill each other. What does Jakarta want?" asked Tom Beanal of the Papua Tribal Institute.

Police reinforcements flown to Papua town after clashes

Agence France Presse - August 27, 2003

Police reinforcements were being flown to the town of Timika in Indonesia's Papua province following three days of street clashes in which three people died and dozens were injured.

One company -- about 100 men -- of paramilitary police arrived from the provincial capital Jayapura on Tuesday and another company would arrive from Makassar in South Sulawesi later Wednesday, said provincial police chief Budi Utomo. He said police would form a buffer force between the two warring groups and try to mediate a settlement.

The clashes have pitted thousands of mostly Amungme hill tribesmen who oppose the establishment of a new province of Central Irian Jaya against hundreds of supporters of the plan.

"They are to maintain a barricade between the two sides so that they do not attack each other again," Utomo told Metro TV station in a telephone interview. The tribesmen have used bows and arrows and spears during clashes on Saturday, Sunday and Monday.

Around dawn Wednesday tribesmen angered by police efforts to prevent a renewed clash slightly injured one officer with an arrow. "His chin was grazed by an arrow and he is now back with his unit after treatment at the hospital," Captain Ruslan Abdul Gani told AFP from Timika.

He said Utomo was currently mediating a peace deal between the two camps involving "compensation under tribal laws." Tribesmen have said the violence will not end until the number of fatalities from each side is the same. Two of those killed were opponents of the new province.

"We are trying to persuade them to accept another form of compensation," Utomo said earlier in his radio interview. He said it may include the slaughter of pigs, highly prized animals in the local culture.

Tribal representatives say they fear that an influx of outsiders to help run the new province will marginalise them like Australia's Aborigines.

The central government says the purpose of dividing the existing province into three is to improve administration in the mountainous 411,000-square-kilometre territory, which has a population of about three million.

Opponents say the real aim is to lessen support for a long- running separatist movement. They say it violates the grant of special autonomy to the resource-rich province which went into effect in 2001.

Tom Beanal, a leading rights activist and Amungme tribal leader, arrived in Timka Wednesday and is mediating between the two camps, said Jopi Klangit, an activist of the Amungme Tribal Institute.

Trouble began after the declaration Saturday of the new province by local legislators and administrative leaders. Despite criticism in Jakarta, including from parliament speaker Akbar Tanjung, ministers have said they will go ahead with the division.

Indonesia has faced a sporadic low-level armed separatist revolt, along with peaceful pressure for independence, since it took control of Papua in 1963 from Dutch colonialists.

Following clashes, government told not to divide Papua

Jakarta Post - August 26, 2003

Jakarta -- Following fatal clashes between opponents and supporters of the establishment of Central Irian Jaya province, the government has come under pressure for its decision to partition the country's easternmost province, Papua.

"The government must take law No. 21/2001 on special autonomy as a reference because it is the most recent legislation on Papua," said Agung Pambudi, director of the Regional Autonomy Watchdog (KPPOD), on Monday.

Violent clashes broke out on Saturday after government officials in Timika declared the establishment of Central Irian Jaya province despite strong opposition from local people.

The violence continued into Sunday and Monday, with thousands from both camps engaging in open street fighting using spears, arrows and other traditional weapons. At least two people, one from each side, had been killed as of Monday evening.

The central government decided earlier this year to slice Papua up into three provinces -- Papua with its capital of Jayapura, Central Irian Jaya with capital in Timika and West Irian Jaya with its capital in Manokwari.

The policy is based on Law No. 45, 1999 on the creation of Central Irian Jaya, West Irian Jaya and North Maluku provinces, but it contradicts Law No. 21, 2001 on special autonomy for Papua. Law 21 should have rendered law 45 void for Papua as the former grants special autonomy status for the province in its pre-1999 form, or one large province.

The special autonomy law also stipulates that any move to split up the province requires prior approval from the Papuan People's Assembly (MRP), which is supposed to consist of leaders of tribes and religious groups in the province as well as noted public figures.

However, the MRP, whose tasks were to include endorsing regulations issued by local legislatures, was never established by the central government as required by the law. Some Papuan leaders have accused the government of sabotaging the special autonomy law.

Former Irian Jaya Governor Barnabas Suebu called on the government on Monday to take necessary action to stop the bloody conflicts resulting from the division of Papua.

August Kaviar, former rector of state-owned Cendrawasih University (UNCEN), suggested that the central government hold a dialog with the provincial administration to find the best solution to the conflict. Coordinating Minister for Political and Security Affairs Susilo Bambang Yudhoyono called on Home Affairs Minister Hari Sabarno and local officials on Monday to take necessary action to stop the conflict.

"We know that our brothers in Papua still have many different perceptions about the division. So we hope the central government, local government, the House of Representatives, and local legislators will join hands in implementing the special autonomy law as well as dividing the province," he told reporters after a Cabinet meeting on Monday.

A member of the People's Consultative Assembly (MPR) John Fachiri said Minister Hari Sabarno must be held responsible for the deadly clashes, because he had been pushing for the split of Papua.

The minister, however, denied suggestions that he had pressed for the declaration of Central Irian Jaya province. "The government has never pushed for the declaration, because politically and legally the province already exists," the minister said.

Local councillor Yance Kayame planned to take the controversy to the newly established Constitutional Court to get it settled.

Former president B.J. Habibie enacted the law splitting the province into three in 1999, ostensibly to speed up development in the territory. Due to opposition from the people, the government delayed implementation of that law indefinitely.

In January this year, however, President Megawati Soekarnoputri issued a presidential instruction, declaring the implementation of the 1999 law. Controversy emerged following the President's decision, but the move to split the province trudged forward despite its unpopularity.

West Papua - the forgotten conflict

Radio Australia - August 25, 2003

The conflict in West Papua, the western half of the island of New Guinea, can trace its origins, like so many of the conflicts around the world, to the boundaries that were drawn up by former colonial powers. And one cannot understand the present conflict in West Papua without understanding its history.

We could say the modern history of West Papua began in 1883, when the island was partitioned by three Western powers, the Dutch claiming the western half, while the Germans and British divided the eastern half into German New Guinea in the north and British Papua in the south. Eventually the Eastern half became the independent nation of Papua New Guinea in 1975.

The Papuan people of Dutch New Guinea were to have a different fate. West Papua became a province of Indonesia in 1969. Its history was this: The Republic of Indonesia was created in 1949 when The Indonesian people won their struggle for independence against their former colonial masters, The Dutch.

West New Guinea, due to its distinct Melanesian population, was retained as a colony by the Dutch and during the 1950s, the Dutch government prepared the territory for independence.

President Sukarno however, consistently maintained Indonesia's claim to all the former territory of the Dutch, and when his demands were not met, armed conflict ensued in 1962.

Under pressure from the United States to come to terms with Indonesia, the Dutch agreed to secret negotiations and in August 1962, an agreement was concluded in New York between the Netherlands and Indonesia. Under this agreement, the Dutch were to leave West New Guinea and transfer sovereignty to UNTEA (the United Nations Temporary Executive Authority). After 7 months the UN transferred power to Indonesia with the provision that areferendum be held to determine Papuan preference for independence, or integration with Indonesia.

From the moment Indonesia took over the administration from UNTEA, the oppression of the West Papuan people began. A sham referendum called the "Act of Free Choice" was held in 1969, under UN supervision. Only 1025 hand-picked voters, one representative for every 800 West Papuans, were allowed vote, and under coercion, voted to remain with Indonesia. I might add there were no women representatives in this referendum. The West Papuans call this the "act of no choice".

The UN representative sent to observe the election process produced a report which raised concerns about serious violations of the New York Agreement and, in spite of this "duly noted" report, West Papua was handed over to Indonesia in November 1969. Another UN official, a retired undersecretary-general , who handled the takeover said recently: "Nobody gave a thought to the fact that there were a million people who had their fundamental human rights trampled," and "It was just a whitewash. The mood at the United Nations was to get rid of this problem as quickly as possible". At the moment the international solidarity movement for West Papua is calling on the UN to instigate a review of its conduct in relation to this so-called act of free choice.

As to Australia's involvement -- originally we supported the Dutch in trying to hold onto West New Guinea, as we preferred another colonial power to act as a buffer zone between Australia and any potential invader from the north. However, once the US decided to back Indonesia, Australia quickly fell into line. In fact, we acted against the wishes of the West Papuan people, who always wanted independence.

Here is one example: two West Papuan leaders, Clemens Runawery and Willem Zonggonao were removed by Australian officials from a plane just weeks before the UN supervised vote. This was at the request of the Indonesian foreign minister. They were on their way to the UN in New York carrying testimonies from many West Papuan leaders calling for independence. One could say Australia was involved in the betrayal of a people.

And today it appears we are sacrificing the West Papuan people again in the interest of our war on terrorism. Citing the tragic circumstances of the bombing in Bali, the Australian Government now justifies a resumption of aid to the Indonesian military and in particular the Indonesian special forces, Kopassus. The Australian government believes that the Indonesian special forces are best equipped to tackle hijackings, hostage situations, that could affect Australian nationals or to counter fundamental Islamic terrorists in Indonesia.

But Kopassus has a record of involvement in human rights abuses, not only in the past in East Timor but at present in West Papua. Kopassus and the Indonesian military coordinated the East Timorese anti-independence militias, which caused so much havoc and loss of life in East Timor.

In West Papua, where there are ongoing human rights abuses, several Kopassus officers were put on rial and found guilty of the assassination of the West Papuan independence leader Theys Eluay. There are also questions about military involvement in the killings of two American and one Indonesian teacher at the giant Freeport copper and gold mine in West Papua in August last year, which the FBI is investigating. The US House of Representatives has moved to block Jakarta from receiving military aid because of this ambush.

Whether we believe that West Papua should be independent or not, Australia must vigorously condemn the human rights abuses which are ongoing in West Papua at the moment.

[Presented by Sandy McCutcheon. Producer: Keri Phillips. Guests on this program: Joe Collins, Secretary of the Australia West Papua Association in Sydney.]

Two dead, 18 injured in Papua clashes - police

Reuters - August 25, 2003

Timika -- Two people have been killed and 18 wounded as rivals clashed with arrows and stones over the creation of a new province on Indonesia's remote Papua island, witnesses and police said on Monday.

Clashes began over the weekend outside official buildings in Timika, seat of the newly created government of Central Irian Jaya province, 3,400 km east of Jakarta, Timika Police Chief Paulus Waterpauw told Reuters. "I am in the middle of fighting. They are using arrows right now," he said by telephone.

Indonesia recently carved up Papua into three provinces -- West Irian Jaya, Central Irian Jaya and Papua -- a move critics see as an effort by the government to weaken separatist aspirations. Central Irian Jaya is the newest province.

The police chief said a man died after being shot by an arrow on Monday. One person died on Sunday after being hit by a stone. He gave no further details.

Waterpauw said 18 people had been wounded in the clashes, two of whom were in critical condition. "Two are going under surgery, the others have been hospitalised," he said.

Media said police fired warning shots on Sunday in an effort to disperse crowds. A witness said sporadic scuffles, involving some 500-800 supporters and opponents of the creation of a new province, using stones and arrows, occurred in the streets of Timika on Monday. Police said the two people killed were from each side of the conflict.

The leader of a pro-independence group deplored the violence. "We see that Jakarta through its plans is trying to make the Papuans fight each other," Tom Beanal, leader of The Papua Presidium Council, told Reuters. "So the Papuans fight each other and that is the signal for the military to come and shoot people, that's what we see."

In 2001, Jakarta passed laws giving Papua more autonomy and a bigger share of revenues from oil fields in a bid to lessen separatist sentiment.

"I think there is and has been a debate in Jakarta about whether to move forward with a genuine offer of autonomy or not," Ed McWilliams, a former US State Department official who was political counsellor with the US embassy in Jakarta from 1996-99, told Reuters before the Timika incident. "I think this plan to divide into three is an effort by some of those who oppose real autonomy."

Indonesia's interior affairs minister said the government was trying to defuse the conflict. "We asked for the conflicting groups to cool down," Hari Sabarno told reporters.

[Reporting by Dean Yates, Muklis Ali and Harry Suhartono.]

Death toll in Papua rises to three as tension continues

Agence France Presse - August 26, 2003

The death toll from three days of clashes in Indonesia's Papua province has risen to three and more than 50 have been injured, hospital staff said.

Supporters and opponents of the central government's move to split the existing province into three new provinces clashed for three days starting Saturday in the central town of Timika. The declaration Saturday of a new province of Central Irian Jaya sparked off the violence. No new fighting was reported Tuesday morning but tensions remained high.

Thousands of opponents, mostly mountain tribesmen armed with bows and arrows and spears, gathered in the town Tuesday calling for revenge, said local rights activist John Haluk on Tuesday. About 300 members of the rival camp converged in another area, according to Haluk, from the Amungme Tribal Institute.

He told AFP the tribesmen "want to avenge the death of their two men. They said that they will not rest until a second man from the opposing camp is killed." Two of the dead were opponents of the new province while one was a supporter. "So far, we have been able to call on them [tribesmen] to restrain themselves," Haluk said.

The latest victim died late Monday while in a coma after he was injured earlier in the day, said Himawan Sasongko, director of a hospital in the town. He said more than 50 people have been treated but only two are still in hospital.

District police chief Paulus Waterpauw declined comment when reached by telephone Tuesday, saying, "We are busy handling the situation." He was heard barking orders to move personnel.

Haluk urged Home Minister Hari Sabarno to visit Timika to see the situation for himself. He said indigenous tribesmen oppose the plan for new provinces while supporters are largely migrants from outside Papua.

The central government says the purpose of dividing Papua is to improve administration in the mountainous 411,000-square- kilometre territory, which has a population of more than two million. Critics say the aim is to lessen support for a long- running separatist movement.

Haluk said his institute fears that an influx of outsiders to fill new provincial posts would make indigenous tribespeople "strangers in their own homeland, second-class citizens such as the aborigines in Australia." The government move also faced opposition in Jakarta. Parliament speaker Akbar Tanjung urged ministers to meet legislators again to discuss the issue.

Tanjung, quoted by the Detikcom news service, said the move to split Papua runs counter to the special autonomy which went into force in the resource-rich province in 2001.

Three Papua rights groups urged Jakarta to reduce tensions in Timika by freezing plans for the new province and opening dialogue with locals. Timika is near the giant gold and copper mine operated by US firm Freeport McMoRan.

Indonesia has faced a sporadic low-level armed separatist revolt, along with peaceful pressure for independence, since it took control of Papua in 1963 from Dutch colonialists.

The International Crisis Group of political analysts said in an April report that Jakarta's overriding motive in splitting the province "appears to have been the weakening of the Papuan independence movement." But far from lessening the possibility of conflict, the decree may actually increase it, the ICG said.

Papuans 'marginalised in our own country'

Green Left Weekly - September 24, 2003

Max Lane, Jakarta -- There was little doubt about what feelings dwell in the heart of Negro Alpius Kogoyo, head of the Lani tribe of Mimika and commander of the Peoples Opposed to the Division of Papua. Kogoyo was in Jakarta to lobby the Indonesian government and the parliament not to divide the province of Irian Jaya (West Papua) into three provinces -- West, Central and East Irian Jaya. It was clear, as he described the situation in his home area around Timika, that he yearned for independence.

"Papuans have nothing", Kogoyo explained. "The economy is dominated by people from other parts of eastern Indonesia, such as Sulawesi, the Bugis and Makarese. They control the middle levels of trade; Chinese control the higher levels. There are more people from Java living in transmigration settlements than there are native Papuans in my region; their settlements are subsidised by the government. We are outnumbered and marginalised in our own country. And we see nothing at all of the wealth coming out of the big Freeport gold mine. Nothing." Hans Gebze, from the Papuan Student Alliance (APM), who accompanied Kogoyo to meet me, explained that the class stratification in the Timika region, as in most of West Papua, followed ethnic lines. "We hope more non-indigenous people will join our struggle", he said, "but there is a lot of work to do to achieve that. Many non-Papuans, themselves poor and benefiting little from the region's massive resource wealth, had been recruited to pro-regime activities as a result of money. Papuans also make up only about one-third of civil servants." Indonesian president Megawati Sukarnoputri recently issued an instruction for the province of Irian Jaya to be divided into three provinces, based on a 1999 law that authorised such a move. However, this cuts across a later law that gives Irian Jaya "Special Autonomy" status as a single province.

Between August 23 and 27, Kogoyo led demonstrations of more than 10,000 local people into Timika to protest against the decision. Providing key political direction to the mobilisation was the Koteka Tribal Assembly for Rights, Justice and Peace in West Papua (DEMMAK). DEMMAK includes key leaders from the main tribal groupings throughout Papua and works closely with the APM.

A statement opposed to the presidential instruction was signed by heads of the seven main tribal groupings in the region. It called for its cancellation and demanded that Megawati facilitate reconciliation, using customary law, between rival Papuan groups in the Timika region.

During the August 23-27 protests, running battles took place between thousands of opponents of Jakarta's decision and around 500 supporters of Andreas Anggaibak, the likely candidate for the governor of East Irian Jaya. Five people died during the fighting.

The implementation of the division has been postponed while Megawati's government sends more Indonesian military forces to the region.

Kogoyo told Green Left Weekly that he has some hope that the decision to partition West Papua may be revoked because members of parliament he has met, including from the ruling parties, have said they don't agree with the decision. They blamed the influence of Indonesia's "intelligence community" for what they regard as a bad decision.

According to both Kogoyo and Gebze, the Megawati government fears that the genuine implementation of the special autonomy law will open up more space for the movement for self-determination. A feature of the autonomy law is the creation of a Papuan People's Assembly, with seats allocated for both tribal groupings, women, workers and students. "The government fears that such a Papua- wide assembly may vote for a referendum [on self-determination]", they emphasised. "So they hope also to divide us." Indonesian government officials have recently said that the Papuan People's Assembly is still going to be constituted at some point. But they have emphasised that as it will not be attached to any level of government and will only play a role in areas in questions of culture and custom. It will not be given any political authority or power. Kogoyo told GLW that a failure to withdraw the presidential instruction of dividing West Papua would result in confrontations. "This would be completely against the wishes of the Papuan people. Ten-thousand people walked for hours to come to the protests, and stayed more than four days. That is the depth of their feeling." Gebze added that West Papuans will be holding a congress in December. "We want to form a new political front. The Papuan Presidium Council has failed and no longer aims for self-determination. Its key leader, Tom Beneal, has failed the movement." Beneal took over as head of the Presidium after the assassination of its previous head, Theys Eluay. According to Kogoyo and Gebze, Beneal, who is also a board member of the Freeport mining company, has lost the confidence of the people. Beneal puts more emphasis on his role as chairperson of the Papua Customary Law Assembly, a body established by the Presidium, added Gebze. "We think this is a sign that the Presidium is moving away from its original mandate as a political organisation." Gebze also explained that the APM is holding talks with the People's Democratic Party (PRD) and the Acehnese People's Democratic Resistance Front (FPDRA), a progressive pro- referendum organisation that is independent of the Free Aceh Movement (GAM). "The idea is that the PRD, FPDRA and the APM, and maybe other Papuan groups, unite to campaign for the withdrawal of Indonesian military forces from both Aceh and Papua, and for a referendum in the two regions."

Labour issues

House urged to keep Jamsostek monopoly

Jakarta Post - August 30, 2003

Ridwan Max Sijabat, Jakarta -- State-owned insurance company PT Jamsostek and labor unions have strongly urged the House of Representatives to maintain the government's monopoly in running social security programs for workers, in its amendment of the social security law to allow private company participation.

They appreciated the House's move to amend Law No. 3/1992 and reform social security programs but opposed the proposal to allow the private sector to take part in running basic insurance programs. Besides being contrary to internationally-accepted principles on social security, the workers would be unclear on their basic protection rights, they argued.

"Both the government and the House should fully understand the Human Rights Declaration and International Labor Conventions on labor protection. They should anticipate negative consequences for such a ruling," Jamsostek's operation director Djoko Sungkono told The Jakarta Post by telephone from Singapore.

Djoko, along with several legislators and insurance experts, was in Singapore for the last leg of a week-long road show to conduct a comparative study on the implementation of social security systems in Southeast Asian countries and South Korea.

He was commenting on the House's recent decision to amend the social security law immediately, to allow the private sector to participate in providing social security schemes for workers.

Djoko, also an insurance expert, explained that social security programs were actually the state's responsibility in providing protection for workers.

"The social security scheme is mandatory because it is the government's obligation to provide protection for workers. So far, we have been running four of nine obligatory social security programs. The four are health care, occupational accidents, life insurance and pension programs.

"No country in the world has allowed private companies to run such programs for reasons of accountability," he said, adding that there was no guarantee for workers if private companies were bankrupted while running the programs. Hikayat Atika Karwa, deputy chairman of the Confederation of All-Indonesian Workers Union (KSPSI) criticized the House for politicizing the social security issue. He said, a number of labor unions had joined force with KSPSI to oppose the House's proposal to allow private companies to run the programs.

"The House should not amend the social security law in order to make money from private companies. The proposed reform of the social security system is much needed, but to benefit the workers not to steal their money," he said.

Muchtar Pakpahan, chairman of the Indonesian Prosperity Trade Union (SBSI), said his union would also be strongly opposed to private companies involvement in the programs. "Our current congress recommends that the government should hold a monopoly in running the social security programs. This allows better service and maximum benefits for the workers," he said.

Djoko has also urged the House to approve Jamsostek's proposal to become a nonprofit institution, which would be directly supervised by the President. "Under a nonprofit status, the government, currently the biggest shareholder, would no longer get dividends from the company's annual profit. The government would also be required to contribute to the programs to show its commitment to providing protection for the people, as in South Korea, Thailand, Malaysia and Singapore," he said.

Under the four programs operating, Jamsostek has collected Rp 21.6 trillion from 26 million workers and 107 companies across the country. A bigger part of the assets has been deposited in state-owned banks, blue-chip shares and SBI promissory notes.

Minister pledges speedy labor dispute settlement

Jakarta Post - August 29, 2003

M. Taufiqurrahman, Jakarta -- To rectify past mistakes when resolution of labor disputes could take years to complete, Minister of Manpower and Transmigration Jacob Nuwa Wea vowed on Thursday that the bill on industrial dispute settlement currently being deliberated by the House of Representatives would produce a speedy outcome.

Nuwa Wea said that there was no way the current labor dispute settlement process could be maintained due to the many shortcomings in the existing regulations and corrupt officials.

Under the current mechanism, the process could take up to six years before any legal decision was produced. Judges who sit on the committee are also reportedly notorious for extorting employers who are implicated in disputes with their workers. The minister said that under the new law, industrial disputes on dismissals could be settled first through a bipartite forum. However, if no resolution was reached, a mediator or councillor could be brought in within 40 days.

"If it fails, the dispute could be brought to the labor court and a verdict has to be issued after 50 working days," Nuwa Wea told a seminar on labor dispute settlement. He was quick to add that an appeal could be made no later than 14 days after the verdict was issued.

The government and the House are currently deliberating a bill on the settlement of labor disputes that will replace the regional and central committees with an ad-hoc labor court. The bill is to replace Laws No. 12/1964 and No. 22/1957 on the settlement of industrial disputes. The DPR is expected to endorse the bill on September 23 during its plenary session.

After the demise of the authoritarian regime of president Soeharto, infamous for suppressing labor movements, workers began to better organize themselves through unions. the strengthening of the trade unions has at times increased tensions between employers and workers.

A report from the manpower ministry in 2002 recorded 220 labor strikes, a rise from 194 the previous year. The director of the Jakarta Office of the International Labor Organization (ILO), Alan Boulton, shared the minister's view, saying that the committees for dispute resolution which operate at the national and provincial level were no longer effective and in urgent need of reform and replacement.

He said Indonesia needed to develop sound and effective mechanisms to resolve industrial disputes cheaply, quickly and fairly. "However, it is up to the Indonesian government on how to go about doing this and what shape the system should be," he told The Jakarta Post on the sidelines of the seminar.

He said that after the endorsement of the bill the government must prepare a real and workable labor court. "The government will have to single out judges that have integrity and make sure that they are all well paid," he said.

Rural issues

Politics behind call for agriculture action

Laksamana.Net - August 29, 2003

As drought continues to grip much of Indonesia, it was little surprise to see agricultural policies in the news last week. Nor was it much surprise to see that one of the people making noise was the chairman of the Indonesian Farmers Association, Ir Siswono Yudohusodo.

Siswono has, by effectively creating his own organization to provide him with a political platform, struck on a successful gambit. Leading some 30 million farmers, albeit without the express consent of those he claims to lead, puts this seasoned Suharto-era politician well and truly on the map.

State news agency Antara had him teamed with the more "respectable" Dr Ir Ahmad Ansori Matjjik, rector of the Bogor Agricultural Institute of Bogor (IPB), in a recent seminar. Siswono was quick to launch an attack on the country's agricultural policies -- or lack of the. "There is no such a concrete agricultural policy, which really takes side with the farmers in this country," he intoned.

His comments, supported by those of Dr. Ansori, stressed that the government continues to adopt policies designed to restrain basic food prices, essentially at the expense of the farmer.

"The government tends to increase imports more rather than give subsidies for domestic interests, including the agricultural sector," Siswono said. He argued that the government should provide more protection for the agricultural sector.

Fine, if massaging the damaged pride of the farming population is the only aim. Siswono, politician that he is, did not admit that the government is in a quandary over how to improve the lot of farmers.

Instead, Siswono said Indonesia should follow the example of Japan, where farmers were protected to the point that rice could sell on the market for 50,000 rupiah per kilo. "What has happened in Indonesia is the other way round," he said. "The price of rice is intentionally set low in order to reduce the inflation rate. But, the country's farmers remain in poverty."

Siswono did not hesitate in attacking the government for "giving more subsidies to strong men" while ignoring farmers. Exactly who he was referring to is unclear, but the comment was in line with his populist pro-farmer statements since his creation of the Farmers Association.

Siswono continued with his criticism, apparently designed to erode confidence in the government in a manner that suggests he continues to owe allegiance to Golkar Party in his new reincarnation as the voice of the farmers.

On subsidies, his comments make little sense even though farmers might fancy the prospect of driving around in Jaguars and other fancy cars as returns on rice growing skyrocket. The reality is unlikely, however. Land-starved, over-populated Japan is hardly a viable comparison with Indonesia, especially on agriculture.

More appropriate is government action on the significant levels of smuggling of rice and other agricultural commodities into the country. Recent action by the National Logistic Agency (Bulog) in Malaysia and at home suggests that as much as half of Indonesia's rice imports are smuggled into the country.

Until this is stopped, Siswono can complain as much as he likes about the lack of subsidies, since smuggled rice and other products will continue to undermine prices. And stopping smuggling is not easy, with some 600 ports spread across the country overseen by customs and other officials whose honesty cannot always be guaranteed.

Siswono had a more valid comment when he said it was ironic that Indonesia had failed to take a role in international marketing mechanisms. With 40% of the world crop of white pepper, Indonesia should have been able to control the world price for the product. But, said Siswono, "due to government's lack of attention to farmers, it is Indonesia which has to obey the price set by other countries for this commodity."

There are, of course, historical reasons for the domination of trading systems by other nations that are not so easily overcome as Siswono would suggest.

Dr Ansori's comments were somewhat more restrained yet he did accept that the failure of the agricultural sector to make progress was the result of the lack of commitment from government to make it a platform for economic development.

The resilience of the sector through the economic crisis demonstrated that it was a valid candidate for more attention from government, he added. At the moment, he said, there was a "vacuum" in terms of commitment.

Dr Ansori has to be given the credence that his position as rector deserves, even if Siswono is merely beating a political drum in stirring up farmers to what he says are their rights.

In defense of the government, it has made considerable noise on an issue that directly affects the plight of farmers -- protectionist policies imposed by developed nations. Japan is just one example of a rich nation that coddles its farmers by putting high barriers up against agricultural imports, while Europe and the United States are justly famous for the subsidies paid to their farmers.

The World Trade Organization (WTO) meeting at Cancun in Mexico later this month is likely to be make or break time for the WTO and its claim to offer a just system of trade.

It's not only countries such as Indonesia that are unhappy with the global market for agricultural products. At the end of July, a group of key Cairns Group countries delivered an ultimatum on the global trade talks, saying that they would abandon global trade negotiations if there was no cut in protectionism.

Nine of the 17-nation Cairns Group reaffirmed their determination to walk away from WTO efforts to get stalled global talks back on track if there was no sign of a willingness to bend on the part of the protectionist nations.

Talks are stalled over conditions to progressively reduce export subsidies for agriculture and on access to markets, key issues for poor countries concerned over their ability to compete in the global marketplace.

In the end-July statement, a spokesman for Australian Trade Minister Mark Vaile, chair of the Cairns Group, said the nine nations were serious that there would be no WTO deal without cuts in farm protection.

"The Cairns group was firm that if the current round doesn't deliver something substantial in terms of agriculture, they will walk away," Vaile's spokesman said. He singled out the European Union and the US as "two of the world's worst offenders in terms of agricultural subsidies".

Indonesia, while not part of the nine countries making the stand on protectionism that Vaile referred to, has been waging its own campaign on behalf of developing nations.

In its latest salvo, Minister of Industry and Trade Rini M.S. Soewandi said in a speech to a business meeting in Islamabad last month that both Pakistan and Indonesia had been forced to watch their economies stumble forward, as protectionist policies hindered their ability to develop to their full potential.

"It is our belief that the potential of the south countries continues to be undermined by the industrialized countries," she said, calling for south-south cooperation as a means of side- stepping some of the problems associated with continuing protectionism. Developed nations had demonstrated "little will to assist us in our struggle to provide reasonable returns to our farmers and other producers," she said.

This is more to the point that the electoral tub-thumping of Siswono Yudohusodo. Regrettably for the government, Siswono's subsonic hysterics are likely to be more easily understood by farmers than the government's genuine attempts to battle with the Goliath of international protectionism.

Drought forces villagers to eat cassava

Jakarta Post - August 28, 2003

Oyos Saroso HN, Lampung province -- Many thousands of people from Lampung have been forced to start eating cassava as the drought continues its stranglehold over the impoverished province.

Hambali, a 46-year-old farmer from Sendangrejo village in Central Lampung regency, says his family had run out of rice due to crop failures. "We are forced to eat tiwul [cassava-based food] that is cooked with little rice. One kilogram of tiwul can be mixed with a small portion of rice. That's enough to feed four people," he said.

In previous dry seasons, Hambali's family and his neighbors also consumed tiwul as their staple food. "Since the economic crisis in 1997 we have been eating cassava. It is only during the harvest season that we eat rice." Rice is not much more expensive that tiwul. "Rice is sold for Rp 2,700 [US30 cents] per kilogram, while tiwul is only Rp 1,400 per kilogram. But under the current difficulties, we are forced to choose tiwul." Around 80 percent of the 800 families in Sendangrejo have to eat cassava and corn as they can no longer afford rice.

Rusman, 73, a migrant resident in Sendangrejo, said that before 1998 he only had to eat tiwul two months of each year at the most. But since 1998, they had had to eat it all year round. The current drought had added to their suffering.

Worse still, tiwul was now increasingly hard to find in traditional markets as cassava had been similarly effected by the drought, another villager Ismanto said.

Sawito's family, who live in Roworejo village, Gedongtataan subdistrict, South Lampung regency, had also switched to cassava as their harvest only kept them in rice for one month. "After being cut to repay fertilizer debts, the total amount of my net profit [from farming] is only Rp 300,000 this year. Even some of this money has been used to buy fertilizer for the next planting season," Suwito said.

Tiwul is also consumed in the neighboring villages of Kotabaru, Umbul Klenong and Grujukan. "It's no problem. The important thing is that our children can still go to school," he added.

In East Lampung regency, cassava is being eaten by residents from the subdistricts of Brajaselebah, Brajamukti, Purbolinggo and Way Bungur.

Even many village heads from Brajaselebah have left their villages to join other local residents in serving as pedicab drivers or construction workers in downtown Bandarlampung, the capital city of Lampung.

"If we continue to stay here, there is nothing we can hope for because we don't have anything to harvest. It's better for my husband to go to the city for work," said Lasiyah, 37, from Brajaselebah, who also eats tiwul on a daily basis.

Her 60-year-old father Juminto said that being a construction worker in the city was the only way for male residents in his village to make a living for their families. "In our village, crop failures often occur not only because of flooding and drought, but also because of elephant attacks," Juminto said.

The Jakarta Post observed that tiwul is also consumed by residents in at least nine villages across Sendang Agung subdistrict, including Sendangrejo.

Jauhari Zailani, a social observer at the Lampung Media Center (LMC), said the increasing number of people in the province being forced to eat cassava showed that the local administration lacked a "sense of crisis" and "mature plans" to tackle the impact of the prolonged dry season.

"The Lampung government always claims that villagers here are already accustomed to tiwul consumption. But in fact, they are forced to do so because they can't afford to buy rice," he said.

Secretary of the Lampung administration Idrus Djaendar Muda said his office had launched an assistance program to fight poverty in 2002, involving around Rp 11 billion. Another move was the Subdistrict Development Program (PPK) sponsored by the World Bank, under which dozens of subdistricts in Lampung receive loans of Rp 1 billion each, he said, adding that the money was to be distributed to poor villages.

However, Ali Kabul Mahi, a professor from the University of Lampung who chairs the province's poverty monitoring team, said the funds frequently missed their intended target.

The programs also have "no clear indicators", prompting many agencies tasked with the antipoverty drive to apparently work without coordination, he said.

Data from the provincial administration shows that in 2002 the poverty rate in Lampung was 2,381,585 people or 476,317 families of its total population of 6.8 million people, making it the poorest province on Sumatra island.

Government starts distributing rice to farmers

Antara - August 27, 2003

Jakarta -- Coordinating Minister for People's Welfare Yusuf Kalla said on Wednesday that the government had distributed 1,800 tons of relief rice to 250,000 farmers in Java, which is suffering from harvest failure due to the long drought.

"I have received reports about it from 18 district heads," Kalla said shortly before presiding over a meeting to evaluate the compensation for the reduction in fuel oil subsidy.

He said that the relief is expected to meet the farmers' needs for two weeks. In September and October, another 20,000 tons of relief rice will be distributed, he noted.

He said the government was also planning to provide in September some 140 water tanker trucks, 33 of which will go to East Java, 48 to Central Java, 7 to Yogyakarta, 40 to West Java and 12 to Banten.

Kalla said to help the farmers further, the government would also launch labor-intensive projects in drought-stricken provinces, in which each of the farmers would be paid Rp 15,000 (about US$2) per day to repair his own irrigation ditches.

Neo-liberal globalisation

Indonesians join actions against WTO

Jakarta Post - August 27, 2003

Evi Mariani, Jakarta -- Non-governmental organizations (NGOs), farmer and labor unions from across Indonesia gathered in Jakarta on Tuesday for a two-day meeting to prepare for the September 10 to September 14 World Trade Organization (WTO) ministerial summit in Cancun, Mexico.

The groups hope to travel to Cancun to protest against trade liberalization efforts they say benefit only developed countries and multinational corporations, while marginalizing developing countries.

"About 75 NGO representatives are gathering here to discuss our position for the upcoming WTO summit," the executive director of the Institute for Global Justice, Bonnie Setiawan, told The Jakarta Post.

Unlike some United Nations summits, WTO summits have never provided seats for participants or observers from outside the official delegations of the organization's member countries.

Bonnie said "international civil society" would gather in Cancun and hold parallel meetings as a counterbalance to the WTO.

"We see that the WTO only caters to the interests of developed countries. Therefore, Indonesia has to assert its interests as a developing country. For example, if food trade is liberalized, the government will no longer have the authority to manage distribution, thus it will not longer be able to ensure the food supply for the poor," he said.

He said international NGOs would urge the WTO not to liberalize the agricultural sector, and not to force developing countries to buy expensive patented pharmaceuticals.

The NGOs attending the two-day meeting included the Indonesian Consumers Foundation (YLKI), the National Front for the Struggle of Indonesian Workers (FNPBI), the Indonesian Women's Coalition (KPI) and the Indonesian Forum for the Environment (Walhi).

Wahyuningsih, an agricultural activist from Karawang, West Java, said farmers in her village had never benefited from a WTO agreement, and cheaper imported foods cut into their income.

Indra Lubis, the campaign and international relations coordinator at the Indonesian Farmers Federation told the Post five of the group's members planned to participate in anti-liberalization protests in Cancun.

"Five of us will join tens of thousands of farmers from around the world, including hundreds from Southeast and East Asian countries," he said.

Indonesia is a founding member of the WTO, which was established in 1995 as a result of talks on the General Agreement on Tariffs and Trade (GATT). The first WTO ministerial summit was held in Singapore in 1996. The last summit, the organization's fourth, took place in Doha, Qatar, in 2001.

On the schedule for the fifth WTO summit are those matters left unsettled at the Doha talks, including industrial product tariffs, agreements on agriculture, trade related aspects of intellectual property rights and a general agreement on trade and services.

The European Union and the United States are expected to press ahead with the liberalization of government procurement and investment, among other areas. Developing countries have long insisted on protecting these areas against liberalization, arguing they are unprepared to compete with multinational corporations.

'War on terrorism'

Lessons in jihad

Sydney Morning Herald - August 30, 2003

Indonesia's pesantren schools have been accused of breeding JI terrorists. Matthew Moore and Karuni Rompies talk to teachers and pupils and find deep suspicion of the West.

Across Java next month, Indonesian academics and Islamic teachers plan to lecture small groups of students on a subject that's never been part of their curriculum: anti-terrorism. Each of this first group of week-long workshops, to be held in Java's three provinces, hopes to attract about 50 students who will be picked from a cluster of Indonesia's vast array of 14,000 pesantren or Islamic boarding schools.

Most pesantren students will never be invited to these workshops; they study in mainstream schools run by Indonesia's two big Muslim organisations, Nahdlatul Ulama and Muhammadiyah, long known for their moderate views and outspoken in their condemnation of terrorist attacks.

Under the plan, co-ordinated by the Indonesian Government with funding from the United States, the invitees will come from a group of 141 schools selected because of their supposed sympathy with the views of Jemaah Islamiah, the South-East Asian group blamed for a host of bombings including Bali.

The program is an ambitious, long-term attempt to try to cut off the supply of young men who might sympathise with JI's stated aim of mounting a jihad against the West to create an Islamic Asian state.

According to one of those involved, who did not want to be named, the program hopes to build a communication network of students from these pesantrens who will eventually become "frontliners in moderating the radical influence".

The idea will be implemented nearly a year after the Bali bombings and long after the arrests in Indonesia of more than 90 people accused of involvement with JI. There's no doubt that since then the country has changed a great deal in its attitude to terrorism. It has passed anti-terrorist laws and used them to arrest and prosecute the Bali bombers while co-operating with foreign countries to track and arrest JI members.

For most of this year, the reports of their trials in Denpasar have provided a daily insight to Indonesians of how JI has operated in their country. One effect of this has been the disappearance from the mass media of most of the wild conspiracy theories on who was behind the Bali bombings that appeared in the weeks after the blast.

But a visit to several pesantrens in central Java showed such theories are flourishing, undisturbed by the evidence in Bali or more recent bombings such as that of Jakarta's Marriott Hotel.

In his turquoise shirt and black business trousers, the deputy head of the Ibnul Qoyim pesantren in Yogyakarta, Aceng Mustofa, looks like he could be running a music store in the city famous as Indonesia's cultural capital. Instead he runs the girls' campus where children from the age of 13 study subjects including Arabic and English, even when fasting two days a week -- all part of the training he hopes will equip them for lives to be spent as preachers scattered through the country's tiny villages, where most of the population lives.

Unlike some pesantrens, he encourages students to keep up with current events and newspapers are hung in display cases in the playground for them to read. The news from the Bali trials, though, has done little to influence his thinking about who was responsible.

"They were organised by the US to corner Muslims," was his blunt answer when asked to nominate who was behind the bombings. He remains just as certain when asked for the reasons why the US would carry out such an act.

"They want to corner Muslims because the ultimate goal is to colonise Indonesia, at least to colonise the country's ideology." He cited the US support for human rights as evidence of how its ideology was undermining his work. Asked for an example, he said this philosophy had helped pornography to flourish in Indonesia. "People say you cannot stop me reading it because it's my human rights." Aceng admitted he had no evidence of US involvement in the Bali attack, which he conceded was carried out by Amrozi, Imam Samudra and the others police had charged. But he was adamant they could not have worked alone. "They are criminals working with the US." He did not sympathise with the actions of these bombers although he thought plenty of his countrymen did.

"I think there are lots of Indonesians who sympathise with them ... they see them as fighters, as heroes." His school was nominated this week as being one of a small group of pesantrens that "propagate JI teachings, provide religious and occasionally military training to recruits and shelter members and fellow- travellers who are in transit or are seeking refuge from the law." According to a report by a Brussels-based think tank, the International Crisis Group (ICG), a JI figure called Herlambang hid his brother's wife and child at the Ibnul Qoyim school when police were trying to find his brother.

Aceng denied this report and said it was "impossible to use this place to hide".

Down the road at the school's campus for boys, the headmaster, Rohadi Agus Salim, also denied harbouring anyone running from the police or having any connection with JI.

It's not difficult getting such denials but ascertaining the level of sympathy JI enjoys in such places is much harder. The teachers and students were open and friendly but adept at avoiding questions they didn't like.

"I don't know so I have no opinion," Rohadi said when asked for his views of JI's activities. "We live here every day, 24 hours a day, we have no idea of this underground movement, we don't know ... we are too busy to look." The only suggestion there might be a flicker of interest in what was happening outside their school was a sign on a noticeboard for newspaper cuttings which reads: "Islamic World Fighting News".

There are similar views at the pesantren Dar us-Syahadah about 40 minutes' drive from the central Java town of Solo. This is a new pesantren, nestled into the side of a hill called Honey Mountain, opened in the mid-1990s and included in the ICG report's list of four schools that make up an "Ivy League" where JI members send their own children.

It provides a fairly narrow education of biology, sociology and English, with most emphasis on religious training and Arabic, the language used on the public address system. Boys caught conversing in Indonesian risk having their heads shaved. A cryptic sign in English hangs in a tree: "The Time is Sword".

Muhammed Ali, 19, has been at the school for four years and has just been given some work as a teacher. His father sent him there because he was a "bad boy", he said, listening to pop music bands such as the Spice Girls and Boyzone, which diverted him from religion. Since he's been at the school, he's learnt his father was right. "It's no good for you [pop music]; it's like a disease; you cannot pray," he said.

With newspapers and television banned at the school, he said he had little idea of JI or its bombings but said the school and its headmaster had no connection to the group. But he had met the man police allege is the spiritual leader of JI, Abu Bakar Bashir, and he was certain he was a good man who could not be JI's leader. "His speaking makes people love him," he said.

The deputy headmaster, Muhammed Imron, said the school had no connection with JI or with Abu Bakar Bashir, who he said had visited the school only once. He was reluctant to discuss in other than philosophical terms the Bali bombings or other attacks blamed on JI. "We just concentrate on what we are doing here. If something out there happens ... Islam loves peace. It does not promote violence." He understands the word jihad to mean serious study rather than the holy war meaning more commonly attributed to it.

Although it is only a new school, it has a new mosque and several new dormitory buildings which could never be paid for by the $25 monthly fees -- which include all meals. The money for these new buildings and for the land comes from the Yasmin foundation, according to the school's headmaster, Mustaqim.

The school provided us with a number for the Yasmin foundation to get an explanation of where the money comes from. However when the Herald rang the number, a voice said we had rung the school and they were unable to provide other contact details.

We then visited the address listed in the phone directory. A woman who answered the door at first denied all knowledge of the foundation then said it was located near Abu Bakar's school in Ngruki.

Her husband Budi subsequently admitted he had an aerial on the roof that somehow allows a wireless connection to a telephone in a house occupied by a man called Yadi, who is connected with the foundation through his friendship with Heru Priyono, who heads the Yasmin foundation.

While Budi said he had been letting the foundation use his aerial and his address for three years, he had no idea where Yadi was or how to contact him.

The local community leader, Jopo Bagus, is deeply suspicious of the household. He wonders why Budi's wife covers everything but her eyes when she comes out of the house, highly unusual among Indonesian Muslims. And he wonders why the household has never mixed with the community in the 13 years they have been there. "It's an unusual form of Islam," he said.

Police and I are good friends, says alleged JI member

Sydney Morning Herald - August 30, 2003

Matthew Moore, Solo -- A man accused by two members of Jemaah Islamiah of being a member of the outlawed terrorist group's central command is living openly in central Java, where he says he often prays with local police on Fridays.

Mustaqim, identified by the alleged Bali bomber Mukhlas and the JI supergrass Faiz Abu Bakar Bafana as a key member of their organisation, is running an Islamic boarding school called Mustaqim's Dar es-Syahadah, about 40 minutes' drive from Solo.

Mustaqim denied to the Herald the allegations from JI members against him. He said he had never been troubled by local police apart from the occasional "friendly chat". He is good friends with the local police chief, he said.

In a record of interview with Indonesian police dated October 22 last year, Bafana, now in jail in Singapore, said Mustaqim was a member of the central council of JI and the head of JI's Hudai Biyah camp in Mindanao in the Philippines, established to replicate military training JI members had undertaken in Afghanistan.

Mukhlas, or Ali Ghufron, the alleged operational commander of the Bali bombings, told police in an interview soon after he was arrested near Solo in December last year that Mustaqim had been "in charge of operations" in a JI camp in Mindanao.

The police chief of the Simo subdistrict, Sri Hartoyo, said he was unaware of the serious allegations against Mustaqim, who had never been picked up for questioning.

"Based on my analysis he is not one of them ... but I'm not sure," Sri Hartoyo said. But he said he was suspicious of the school because it was so "closed", and police had been monitoring it for most of this year.

The police chief met Mustaqim regularly, but felt he did not really know who he was, he said.

In a report last week, the International Crisis Group named Mustaqim as one of a dozen top JI members still missing. Yesterday, the report's author and Indonesia director for the group, Sidney Jones, said she was surprised Mustaqim could run the school despite the evidence against him. "We know this guy is very deeply involved in the organisation," she said. The failure to arrest him may be because JI's legal status was less clear in Indonesia than elsewhere -- it is banned by the United Nations. she said. The police, with limited resources, may be pursuing those JI members known to have been involved in violence, so those running the organisation such as Mustaqim have been able to operate unhindered, she said.

Mustaqim told the Herald: "I have never been to Afghanistan, I have never been to the Philippines, I have never been abroad." He said police had dropped by for a "friendly chat" and had asked him if he knew any JI members. He had told them he did not. He said that although he had studied at the nearby Ngruki school -- run by the alleged spiritual leader of JI, Abu Bakar Bashir -- he had not met Bashir at the time because Bashir had been living in Malaysia.

Since Bashir had returned to Indonesia he had met him very occasionally, he said. "Since he [Bashir] was linked with the recent issues I tried not to get in touch with him as I want this pesantren [Islamic boarding school] to be free from that kind of thing."

In a second interview with police in February this year, Bafana said Mustaqim went to Afghanistan in the late 1980s or early 1990s. Bafana said he met Mustaqim in Lukman Nul Hakim in Malaysia in 1996 or 1997, where Mustaqim was teaching at an Islamic school.

Anti-terror law revisions to increase intelligence powers

Kompas - August 30, 2003

Jakarta -- The Defense Department through the Directorate General of Defense Strategy has admitted that one of the intentions in revising Law Number 15/2003 on Anti-Terrorism is to increase the powers of the intelligence agencies. This revision would mean an increase in the power of intelligence agencies [giving them the authority] to hunt down and arrest those who are suspected of intending or planning to carry out an act of terrorism.

This issue was taken up by Major General Sudradjat from the department of defense's Directorate General of Defense Strategy when asked for his views on the [proposed] revisions to the anti-terrorist law during the launch of the book "Hasnan Habib 75 Years: A Thinking General and Jakarta Diplomat" on Thursday (29/8).

"We need to carefully study and scrutinize Law Number 15/2003 in the framework of the national interest. In our view this legislation does not providing enough power to intelligence agencies to carry out their task in confronting terrorism. Intelligence personnel in the field need a stronger legal framework", he said.

According to Sudradjat, in eliminating terrorism two operations need to be conducted, that is an anti-terrorist operation and an operation to combat terror. The anti-terrorist operation is related to making changes so that terrorist acts do not create a troubled atmosphere. Meanwhile the operation to combat terrorism is related to efforts to hunt down, arrest and defeat future terrorist acts.

In Sudradjat's assessment, as a legal instrument to eliminate terrorism, Law Number 15/2003 does not give enough power to police intelligence. "Security personnel in the field need a legal framework to be able to hunt down and arrest those who intend and are planning to carry out acts of terrorism", he explained.

According to Sudradjat, Law Number 15/2003 which is in the process of being reviewed does not give the power to intelligence agencies to hunt down and arrest those who intend and plan to carry out acts of terrorism. Law Number 15/2003 only provides a legal basis to hunt down and arrests the perpetrators after an act of terrorism has occurred.

Also at the book launch, political and military observer Salim Said saw the need for caution in revising Law Number 15/2003 and [said] that it would be extremely dangerous if the power of intelligence agencies were added to on the grounds of eliminating terrorism.

"The elimination of terrorism is not an issue of legislation or its legal framework, but an issue of the competency and capacity of our security forces. It would be extremely dangerous if the security forces power were added to without improving their competency and capacity [to deal with terrorism]. If you don't like your reflection, don't blame the mirror", he said. (inu)

[Translated by James Balowski.]

New report upgrades JI threat

Radio Australia - August 27, 2003

A new study of the extremist Jemaah Islamiyah movement says the group may have been set back by recent arrests -- but is far from stalling in its plans to carry out a holy war -- or jihad -- in the region. In fact, the report's author says she's has had to reassess the size of the organisation that was behind the Bali bombing and dozens of similar attacks across the region.

Presenter/Interviewer: Tim Palmer, Indonesia Correspondent

Speakers: Sidney Jones, of the International Crisis Group

Tim Palmer: The latest International Crisis Group report reaches conclusions that have come as a surprise to its author, Sidney Jones, the pre-eminent authority on JI in the region.

The group is not only bigger than she believed, but its members have coped with the arrest of figures like Hambali and Mukhlas by promoting men with similar skills and decentralising training and command.

Bomb making skills previously learnt by the old leadership in Afghanistan, then the Philippines, are now being passed on through small groups in Indonesia itself.

Sidney Jones: When I started this research I thought we were dealing with a few hundred, and now I think we're dealing with thousands. I think that in many ways they've got the capacity to keep going even with many of their top operatives behind bars.

Tim Palmer: Looking at some of the top operatives behind bars, people like Hambali, the key Bali bombers, and others caught subsequently in Sumatra, and a Semarang cell broken, there seems to be a suggestion if just a few of the key wanted men possibly Zulkarnain, Zulkifli, Dr Azahari can be rounded up that will have spoken the spine of the knowledge of weapons making in particular of JI. Is that the case?

Sidney Jones: I don't think it is the case, because in addition to the hundreds that went through Afghanistan training and hundreds more that went through Mindanao training, we see some people who've come back from those courses who have the capacity to train others.

In many ways, what they got in Afghanistan and the Philippines was a course in training the trainers, and we've seen actual evidence of one month courses taking place for example in south Sulawesi in how to make a bomb.

Tim Palmer: This is not technology that requires months with al- Qaeda?

Sidney Jones: That's right, you can do this in your own backyard with four, five other people and learn the basic techniques. And what that means in terms of the capacity do violence in Indonesia, or indeed elsewhere in the region is that you may have the top leadership pretty much under wraps, but you could still have just a wide swathe of people who are both capable and determined to make bombs even at a local level.

Religious leaders back surveillance on militants

Jakarta Post - August 26, 2003

M. Taufiqurrahman, Jakarta -- Religious leaders have thrown their support behind plans to impose the tight surveillance of a number of districts in West Java -- believed to be home to militants advocating sharia (Islamic law) -- as part of preemptive measures against future terrorist attacks.

Chairman of the country's second-largest Muslim organization Muhammadiyah Ahmad Sjafii Ma'arif said on Monday that the tight surveillance was necessary in its attempt to thwart efforts to destabilize the country's security. "I agree with the measures because monitoring the suspicious activities of citizens is, in fact, part of the police's job," he told The Jakarta Post.

However, Syafii warned that in its campaign against terrorism the police should uphold the due process of the law. "Persons who are captured for suspected terrorist activities should be accompanied by lawyers and their arrests should be based on evidence," he said. Asked if the move would restrict the freedom of certain groups in exercising their religious duties, the noted Muslim scholar replied with another question: "What does liberty mean if it results in the suffering of innocent victims of bomb attacks?"

West Java provincial police chief Insp. Gen. Dadang S. Garnida said among the regions to be put under tight surveillance was Indramayu regency, where the affluent Al-Zaytun Islamic Boarding school has been accused of serving as the ninth regional military command (KW9) of outlawed militant movement Darul Islam.

Police are also keeping close watch over Cianjur, a regency whose councillors strongly demanded the enforcement of sharia. The regency is also the home-town of Hambali, born Encep Nurjaman, the alleged top operative of the Jamaah Islamiyah (JI) terror group.

Another regency to be surveilled is the country's most densely populated province, Majalengka -- home to the radical movement called Daor Koning -- which for years campaigned for the establishment of an Islamic state.

Dadang said that the police plan to deploy intelligence officers to gather information from local people about their understanding of sharia.

Under the authoritarian regime of the former president Soeharto, intelligence officers were deployed to spy on the religious activities of citizens. Intelligence officers -- from both the police and the Indonesian Army (TNI) -- were present at almost every religious gatherings, such as Sunday services or Friday prayers.

Meanwhile, the professor of history at the Jakarta-based Syarif Hidayatullah State Islamic University, Azyumardi Azra, agreed with Sjafii that the police have the authority to monitor the activities of individuals.

"The campaign from the police is tolerable if it is aimed at anticipating future terror attacks," he told the Post. He also said the practice of keeping watch over suspicious activity was common in any country as it constituted part of intelligence services. "The difference is whether they decide to make it [the surveillance] public or not." He said that the practice of religion must be in line with law and order. "Once it goes beyond the corridor of law, the police must make efforts to stop it," he said.

Maelstrom over Indonesia's anti-terror bill

Asia Times - August 26, 2003

Tony Sitathan, Jakarta -- Indonesia is in the midst of a political storm over the implementation of a comprehensive anti- terrorist bill or even an Internal Security Act (ISA) modeled after Singapore and Malaysia ever since the latest terrorist attack ripped through the heart of the JW Marriott Hotel in Jakarta, killing at least 14 people and injuring close to 150 others.

Several prominent Indonesians warn against turning back the clock when it comes to protecting individual freedom and democracy that had been so painfully won after the fall of Suharto. Fears of a repetition of the atrocities committed by that regime under its anti-subversion laws have added fuel to the criticism of those opposed to the plans of the current government to restrict and censure individual freedom in the name of maintaining the peace and security of the state.

Already under pressure to clean up its anti-terrorist act by several Association of Southeast Asian Nations (ASEAN) countries as well as the United States and Australia, and to tighten its grip on security, Defense Minister Matori Abdul Djalil mooted the idea of the controversial ISA. At the time he was backed by the coordinating minister for political and security affairs, Susilo Bambang Yudhoyono, and military (TNI) chief General Endriartono Sutarto as well as several other members of the conservative wing of the national assembly.

Scenes of past abuses under the New Order regime still haunt many Indonesians. "In the past the security institutions had a legal authority to act against those suspected of disturbing security and order," recalled Dodiet Temmengong, a lawyer and human-rights activist based in Indonesia. "We had an organization called the Kopkamtib [Operational Command for the Restoration of Security and Order] that enforced this law. It was found to be repressive and counterproductive as it led to kidnappings and even the political assassinations of those opposed to the New Order regime."

Even an executive party leader and chairman of the Democratic Party of Struggle (PDI Perjuangan), Roy B B Janis, was quoted after an internal party meeting as saying there was no need for full-scale anti-terrorism regulation. Instead, there was a call to enforce the existing anti-terrorism law strictly. More important, he pointed out that there was a need for greater coordination among the various security agencies, a flaw he blamed for allowing the terrorist attack on the Marriott to happen.

Several analysts and security experts also blamed the lack of coordination among the various intelligence and state security agencies. "There is growing evidence that with so many intelligence agencies controlled by the police, the army and the different state ministries, there appears a lack of coordination and overlap of responsibilities as well as lack of sharing of resources to counter the terrorist threat," said a former officer of the State Intelligence Coordination Agency.

"Terrorism is not something new in Indonesia. But it seems to have an added dimension now, where it requires working with other intelligence and security agencies in neighboring countries as well as getting specialized training in counter terrorism," he said. "So far only Kopassus [Special Forces Command] of the TNI has proven counter terrorism abilities. But its previous human- rights record has somewhat spooked the rest of the intelligence and security agencies in Indonesia to maintain an awkward distance."

Since the public outcry against the proposed ISA, the government has proposed to study carefully the pros and cons in implementing its approach to tighten security. Of all its options, the government favors revising its anti-terrorism law to give the security agencies more sweeping yet not totally unrestricted powers to act proactively rather than reactively to the terrorist threat.

According to Susilo, who was responsible for pushing amendments of the terrorism bill through parliament, what was of concern was Article 26 of the anti-terrorism law. It states that the security forces cannot arrest terror suspects immediately unless they produce prima facie evidence, and they are not allowed to detain suspects for more than three days without the approval of the district court. He said this severely hampered the government's efforts to take preemptive measures and prevented the security forces from establishing an early-warning system.

He also reassured the public that there was no intention to adapt a Singaporean- or Malaysian-style ISA to replace the current anti-terrorism law. "We will not adopt an internal security act like Singapore's or Malaysia's. Our situation is different from that of Singapore or Malaysia. The ISA does not provide guarantees for political freedom," he said.

The ISA was seen as an important component for nation-building for both Singapore and Malaysia. Its roots can be traced back to 1948 when the British, then the colonial masters of Singapore and what is now Malaysia, passed a bill calling for a "state of emergency" in response to the threat by the Communist Party of Malaya (CPM). It was lifted only in 1960, three years after independence. Realizing that the subversive threat was not over, the Malaysian government quickly passed a bill to encompass the elements of the ISA into its national constitution. Singapore, which was once part of Malaysia, also realized the importance of the ISA and made it a permanent feature in its national laws.

It was similar fears of communism that prompted the United States to pass the anti-communist McCarran-Wood Act in 1950. But the president at that time, Harry S Truman, was vehemently opposed to the act, which he deemed un-American and a mockery of the US Bill of Rights. He argued that it "would betray our finest traditions" as it attempted to "curb the simple expression of opinion". Truman went on to argue that the "stifling of the free expression of opinion is a long step toward totalitarianism".

Dr Leonard C Sebastian, a senior fellow at the Institute of Defense and Strategic Studies (IDSS), mentioned in an article in an IDSS publication last August that the Indonesian Criminal Code does not classify or label terrorist acts and gives limited powers to law-enforcement and intelligence agencies to take action. He mentioned that the new regulations, in the short term, cover the loopholes in the Indonesian legal system, providing the government with the measures necessary to combat terrorism until deliberations in parliament for a formal anti-terrorism bill are concluded.

"The regulations allow for the death penalty for those convicted of committing or threatening to commit acts of terrorism resulting in mass destruction and deaths," Sebastian said. "The laws also provide important protection for the rights of the suspect and the accused through the involvement of the judiciary. More important, the regulations could not be used to arrest someone who articulates different views or supports a different ideology."

Susilo concurred that a team formed by the Ministry of Justice and Human Rights and several other governmental and non- governmental departments would look closely at several articles of the law, especially those on preemptive measures against terrorist attack. "So far the implementation of the law has not brought any satisfactory results," he said. He also maintained that the revised anti-terrorism law would accommodate political freedom, since it would be apolitical in nature and would not fall under the anti-subversion law that mirrored the ISA and, more important, it would not in any way impede the democratization process of Indonesia.

Several religious leaders and human-rights activists are opposed to the severity of the anti-terrorist bill, which some say is an excuse for trigger-happy factions to impose state controls in the name of national hegemony. "The coming of the regional autonomy laws is an expressions of the democratization process of Indonesia. By reversing tracks, it would once again push Indonesia into the dark ages," said Abhimanyu Dewangsih, a former student leader and protester from the reformasi era.

"There is no room for a police state today. The government should well heed the call of its rakyat or people before doing anything contrary to the 1945 constitution that protects individual rights and freedom of opinion."

2004 elections

Wiranto signals his return

Laksamana.Net - August 25, 2003

Former Armed Forces Commander Wiranto has re-stated his determination to run for the presidency.

Speaking at the launch of his biography, (Testimony in the Middle of the Storm) in Solo on Friday, Wiranto urged his audience not to take wild chances in electing a new president.

"Learning from our previous presidents, if someone wants to be a president, it must not be based on the spirit of trial and error. The consequences would be fatal," he said.

"That would mean," he added, "that kind of president has sacrificed the people as the victims of an experiment, whether deliberately or not. What we need at the moment is a president who is resolute, whether civilian or military. He must be capable of implementing the law as the supreme commander."

Wiranto, who is bidding for the nomination from Golkar Party, went on to suggest that a candidate with a military background would more suitably fulfill this criteria.

"The fact that someone with a military background can be resolute in his attitude is because, from early education up to retirement as a military officer, he has become used to discipline and is resolute in taking decisions," said the one-time adjutant to former President Suharto who rose to become Armed Forces Commander.

Wiranto also warned Golkar that it must be fair and honest in its upcoming national convention, or risk further undermining its Golkar.

Once seen as the crown prince to Suharto, Wiranto had reason to be disappointed not because of the downfall of his patron from the presidency, but because of the way in which Suharto left power on 21 May 2002.

After the killing of four students on 12 May 1998, mass riots broke out across the country, making it clear that old dictator's hold on power was weakening as public resentment grew.

An acute struggle for power among the inner circle around Suharto took place behind the scenes. The main players were Wiranto, then Armed Forces Commander, then Vice President B.J. Habibie and the then Commander of the Army Strategic Reserve Command (Kostrad), Prabowo Subianto.

The army of the day was split by tension. On one side were those who were dubbed the green generals, officers who had close contacts with Islamic organizations and who were advocates of a greater role for Islam and the Muslim community in political life. The group was led by Prabowo, R. Hartono and Feisal Tanjung.

The other military faction, the red and white or "nationalist" officers, were led by Wiranto, former Defense Minister Edi Sudrajat, and Bambang Yudhoyono.

Essentially, the green versus red and white split reflected the personal rivalry between the palace generals, centered on Wiranto and Prabowo.

It was no secret that Wiranto and Prabowo disliked each other, and the quick rise of Prabowo had rankled fellow officers. He was given the important command post of Kostrad at the tender age of 47, without having had to serve as commander of a territorial unit.

During the crucial period between 13 May and 21 May, events transpired that suited neither of these two prominent generals.

At first sight, the green generals should have been happy, along with the Islamic organizations. Vice President Habibie, a prominent figure in Islamic politics through his leadership of the Indonesian Islamic Intellectuals Association (ICMI) took over the presidency.

Wiranto, who had every reason to consider himself Suharto's crown prince, was less than happy with the rise of Habibie. Wiranto and the anti-Habibie faction fought hard to retain Suharto as president, with the establishment of a Reform Council to silence the critics of the government, and a reshuffled cabinet.

The agenda behind his maneuver was clear. Suharto was to be gradually crippled by the Reform Council as a countervailing cabinet, allowing Suharto finally to be deposed through an extraordinary session of the Peoples Consultative Assembly (MPR), fully controlled by the Wiranto faction.

Muslim forces and other right wing groups linked to Habibie tried to scotch this plan through extra-parliamentary demonstrations and maneuvers within parliament led by Speaker Harmoko.

On the morning of 19 May, a meeting of the chairmen of parliament and the leaders of the parties, spoke out in favor of Suharto's resignation. Even in the afternoon of 18 May, after having to deal with protesting students and numerous delegation for eight hours, the five chairmen of parliament such as; made up their mind that the president had to be asked to resign.

The leadership of parliament -- Harmoko, Abdul Gafur, Syarwan Hamid, Ismail Hasan Metareum and Fatimah Achmad -- asked for an audience with Suharto after midday on 19 May.

Faced with the constitutional legitimacy of Habibie as the legal replacement for Suharto, Wiranto launched a counter move, saying that Harmoko's comment that it was time for Suharto to go was a private statement and therefore not legally binding.

Wiranto pointed out that only a decision by a plenary session of parliament would be properly valid. As an alternative, Wiranto suggested the formation of a Reform Council made up of representatives of the government, academics, and prominent critics.

Analysts saw the move as an attempt by Wiranto to co-opt prominent political figures such as Abdurrahman Wahid, Nurcholish Madjid and Megawati Sukarnoputri, under the umbrella of the Reform Council.

On 17 May, Muslim scholar Nurcholish Madjid offered a way out of the crisis that suited the military. It was also felt that Suharto would be open to a meeting to discuss the initiative.

Madjid's plan was for Suharto to announce that he would resign in a peaceful and constitutional way as soon as possible, and that in the meantime he would replace those cabinet ministers who were opposed to reforms.

Madjid's scheme was an attempt to undermine the chances of promoting Habibie as Suharto's automatic successor, a gambit that appealed to Wiranto and his faction.

On 18 May, at the instigation of the then Armed Forces Chief of Staff for Political and Social Affairs Susilo Bambang Yudhoyono, Madjid passed the text of his proposal to Secretary of State Saadilah Mursyid, who in turn presented it to Suharto, who subsequently approved Madjid's scheme.

Suharto then held a meeting with eight prominent religious leaders and his speech writer, Yusril Ihza Mahendra. Among the religious leaders were Malik Fajar of Muhammadiyah, Ali Yafie of the Council of Ulama (MUI), Achmad Bagja and Ma'aruf Amin of Nahdlatul Ulama, Kholil Baidowi of Muslim Indonesia, Nurcholish Madjid and Emha Ainun Nadjib.

But instead of gaining strong public sympathy, Suhartos's acceptance of gradual change led to much larger demonstrations across the country.

Wiranto, who had initially supported the setting up of a Reform Council as a block to Habibie, changed his mind when he saw the clear majority of parliamentary members speak out in favor of an extraordinary session of the MPR.

This indicated to Wiranto that the parliament wanted to force Suharto and Habibie to resign together. With a Reform Council no longer of value to him, Wiranto withdrew his support for Suharto.

On the evening of 20 May, a meeting attended by Ginandjar Kartasasmita and 14 ministers in the economic, financial and industrial sectors moved to issue a statement informing Suharto that they would refuse a seat in the Reform Cabinet.

Faced with betrayal from his closest aides, Suharto decided to resign. Ginandjar and his faction then joined forces with Wiranto in bargaining with the Habibie faction over the shape of the post-Suharto era.

In the Habibie cabinet installed on 22 May, Wiranto became Armed Forces Commander and Defense Minister.

The relationship between Wiranto and Habibie was a love-hate one. They did not come from the same group but both needed the other. In the end, their alliance lasted until October 1999, when Habibie's accountability speech was rejected by a majority of members of the MPR.

Golkar had lost relevance, having pushed for the continuation of Habibie as president. Wiranto saw this as the momentum to play king maker.

With the support of Golkar, Wiranto was nominated as a replacement candidate by all parties, and opened up the bargaining with Megawati, the presidential candidate of the Indonesian Democratic Party of Struggle (PDI-P).

Wiranto's supporters saw him as having all of the three criteria required to be the president of Indonesia: he was a Muslim, Javanese, and a military officer.

In July 1999, a month after Megawati and her party won the general election by gaining 34% of the vote, Wiranto held a "commander's call" of his loyal generals at military headquarters in Jakarta to discuss the upcoming presidential election. They agreed that Megawati should be elected President and that Wiranto should run the government from behind the scenes as Vice President.

But to virtually everyone's surprise, moderate Muslim cleric Abdurrahman Wahid, leader of the 40 million-strong Nahdlatul Ulama, was elected President, defeating Megawati by a narrow margin. Faced with such an unpredictable development, Wiranto had no choice but to attempt to remove Megawati from the race for the VP position so that he could exert control over the new government under Wahid.

Wahid was smart enough not to give space for maneuver to such a dangerous political player as Wiranto. Shortly before the vote began in parliament, Wahid convinced Wiranto to drop out of the race so that the pro-Megawati riots would stop. In return, he promised Wiranto a powerful position in the cabinet.

In November 1999, Wiranto was named Coordinating Minister for Political and Security Affairs, previously a largely ceremonial post, but now with authority to act as quasi prime minister.

In December 1999, a commission of inquiry set up by the National Commission on Human Rights reached the conclusion that Wiranto was responsible for the September bloodbath in East Timor.

Wahid, who had previously given Wiranto the benefit of the doubt, began to perceive the general as a war criminal. Wahid told Wiranto to submit to a war crimes tribunal in Indonesia or else prepare himself to be sent to Geneva or the Hague for a UN tribunal on crimes against humanity. The general refused both options.

This situation gave Wahid the momentum to reshuffle the military, replacing generals identified as Wiranto supporters. In January 2000, Wahid ordered Armed Forces Commander Admiral Widodo to discharge Wiranto from military service.

In a show of strength, Wahid left for Davos, Switzerland, on a 16-day visit to Europe and the Middle East, leaving Megawati in charge of the government. From Davos, Wahid demanded Wiranto's resignation from the Cabinet.

Wiranto refused to step down, telling reporters outside a Cabinet meeting run by Megawati on 2 February that he wanted to meet Wahid after his return to Jakarta in mid-February.

On 13 February 2000, Wiranto was made non-active in cabinet, and replaced by an interim Coordinating Minister for Political and Security Affairs.

Corruption/collusion/nepotism

Councillors try to sneak 1 million for world tour

Jakarta Post - August 26, 2003

Bambang Nurbianto, Jakarta -- Apparently trying to take all opportunities available before their terms end next year, and undeterred by public criticism, city councillors will spend Rp 9.6 billion (US$1.1 million) of taxpayer money for foreign sightseeing tours this year.

Chairwoman of council commission C for budgetary and financial affairs Anna Rudhiantiana confirmed on Monday that the Rp 9.6 billion would be used for councillors to visit Jakarta's 11 sister cities around the world.

"We did not allocate these foreign trips earlier in the budget due to public criticism," Anna said. She admitted that the money was part of the Rp 11 billion which was allocated for domestic trips in the 2003 budget. She said the remaining Rp 1.4 billion would be used for domestic trips.

Jakarta has sister cities all over the globe including, Los Angeles, Casablanca, Beijing, Seoul, Tokyo, Rotterdam, Berlin, Paris and Bangkok.

Two years ago, three councillors were declared suspects for misusing travel allowances, however, their cases never made it to court.

In the same year, they continued with their overseas trips to the US, Japan and Mexico. One official at the Indonesian consulate in Los Angeles later formally complained that several councillors acted like they were on a sightseeing tour and refused to meet their counterparts, which was their main agenda.

Due to mounting public criticism, the council decided not to allocate funds for foreign trips in the official budget, but now they have inserted it into a revised draft. However, the Justice Party faction rejected the foreign trip allocation.

"I have already prohibited my councillors from going on these foreign trips," the faction chairman Ahmad Heryawan told reporters.

Besides proposing the allocation of funds for foreign trips, the councillors also demanded additional money for clothing -- Rp 434 million -- and for "mementos" before their terms end.

The council and the administration are currently discussing the revised 2003 city budget which totals Rp 11.56 trillion.

Many have criticized the councillors for proposing so much for their own personal benefit, especially in light of a drastic cut in the already underfunded fire department budget -- Rp 211 billion down to Rp 184 billion -- this year.

Local & community issues

NGOs reveals rights abuses in Bulukumba

Jakarta Post - August 27, 2003

M. Taufiqurrahman, Jakarta -- A coalition of non-governmental organizations (NGOs) here on Tuesday revealed that the police had committed human rights abuses when they violently quelled a recent riot in Bulukumba regency, South Sulawesi.

Police claimed to have shot dead only two people during the July 21 incident, but the NGOs said the death toll reached five.

Also, dozens of others were injured when police fired shots into the crowd of more than 1,000 villagers, who were rioting in protest at the alleged occupation of their land by rubber plantation company PT London Sumatra (Lonsum).

The incident occurred in Bonto Mangiring village in Bulukumba, some 210 kilometers from the provincial capital of Makassar.

The coalition said the police had resorted to repressive measures against the protesters, who were fighting to reclaim their ancestral land. The police went too far. They killed protesters, the coalition stated.

The coalition, including the Indonesian Legal Aid Institute Foundation (YLBHI), the Indonesian Forum for the Environment (Walhi) and the Commission for Victims of Violence and Missing Persons (Kontras), said human rights abuses continued, after more than one month of clashes.

Speaking at a press conference, attended by two of the victims, M. Ridha Saleh of Walhi said police were still hunting down villagers they accused of being involved in the protest. "They threaten elderly people, women and even children to reveal the hideouts of relatives who fled after the incident," he said.

Terrified residents of the villages of Bonto Mangiring and Biraeng, vacated their homes to hide in the nearby jungle, Ridha added. "And they have not returned home as yet." The villagers were fighting for 1,800 hectares of ancestral land, which they said had been illegally occupied by PT Lonsum for decades, after the violent eviction of its original occupants.

The National Commission on Human Rights (Komnas HAM) had dispatched a team headed by M.M. Billah to Bulukumba to gather first-hand information from the scene. Billah had earlier confirmed there were indications that human rights violations had been committed by police.

A victim of the alleged police brutality, who wished to remain anonymous, told reporters that people in Bulukumba now live in fear. "I heard, just before I fled to Jakarta, that police have imposed a curfew there," he said.

He said, that in resolving the conflict between the villagers and PT Lonsum, the police had blatantly sided with the company.

"We had staged a peaceful rally but the police chased us and fired shots. Then, I heard a policeman shout "shoot them"," the victim remembered. "The South Sulawesi Police chief should take responsibility for all of this because they [the police officers] treated us like animals," he added, in tears.

Hundreds protest PLN lines

Jakarta Post - August 26, 2003

Yuli Tri Suwarni, Bandung -- More than 700 families staged a rally again on Monday in Bandung, West Java, to demand that they be compensated or relocated from their current residential areas beneath dangerous high-voltage transmission lines.

The protesters were from six subdistricts of Rancaekek, Solokan Jeruk, Ciparay, Arjasari, Cicalengka and Banjaran. They marched to the West Java legislative council to convey their grievances.

They expressed worry about their safety while living so near the high-voltage transmission lines (SUTET) operated by state-owned electricity company PT PLN.

"We have come many times to the Bandung legislative council, the Jakarta office of PLN and the operator of the Java-Bali-Nusa Tenggara SUTET project in Semarang [Central Java]. But we have not gotten any answers," said Jajang Rusmawan, 49, a protester from Padamukti village in Solokan Jeruk.

He said the 500-kilovolt transmission lines above their residential areas caused real anxiety and health problems. Jajang said the power lines had claimed the life of his neighbor, identified as Jamban, 50, who was electrocuted during a rainstorm.

Jajang's wife and some other villagers Padamukti often get headaches and there has been a noticeable lack of circulation in their legs, which they blame on the latent electricity of the high-powered lines.

"We want PLN officials and councillors or government officials to visit our houses. We want them to try to imagine how we can live calmly if all metal objects, including regular house keys, can produce electricity when test devices are put on them," Jajang said.

Ujang Syaripudin, who leads the Bandung Association of SUTET Victims (IKKS), said the protesters demanded that PLN relocate them or pay them compensations to buy plots of land to build new houses in safer areas. They said the compensation should be between Rp 400,000 (US$47) and Rp 1.2 million per square meter.

Ujang said the residents had never received any compensation since the transmission lines were installed in 1999 and began operating two years later.

At the time, they were afraid of demanding compensation as the project managers used a "militaristic approach" against the locals, he added.

Ujang urged PT PLN to comply with Law No. 20/2002 on electricity, under which the company must compensate for land, buildings and farms affected by the installment of transmission lines.

However, the Ministry of Mines and Energy still enforces Ministerial Decree No. 01.P/047/MPE/1992 on SUTET, which stipulates that the government does not clear land below high- voltage transmission lines or compensate those that live near them. Irfan Anshori, chairman of the council's Commission E, refused to meet with the protesters but said the problem with SUTET should be solved by PT PLN.

"Since January 2003, we have received more than 20 formal complaints over SUTET. If it continues, it could harm general security and stability," he added.

Human rights/law

Rights activist calls for revision of marriage law

Jakarta Post - August 28, 2003

Sari P. Setiogi, Jakarta -- A noted woman activist and legislator called on Wednesday for a specific revisions to Marriage Law No. 1/1974 in order to promote more equal relations between husband and wife.

Nursyahbani Katjasungkana, secretary-general of the Coalition of Indonesian Women and a member of the People's Consultative Assembly (MPR) representing the Functional Group faction, said that several articles of the law ignored women's rights and legalized the domination of men over women.

"The law separates and rigidly defines gender roles in marriage. Men are heads of the family, while women are caretakers of the family," she said in a discussion here.

She was referring to Articles 31 and 34 of the Marriage Law. Article 31 (1) states that husband and wife are on equal footing and thus have equal rights and positions. Article 31 (3), however, stipulates that the husband is the head of the family, while the wife's role is limited to being a housewife.

"In marriages today, many wives become the head of the family and even earn a living for the family together with their husbands," said Nursyahbani. She demanded that the articles be revised and that the new version should state that both husband and wife were equal and should take care of the family together.

Meanwhile, Article 34 on family finances suggests that the husband is responsible for supporting the family financially, while the wife is a mere caretaker. "The article inhibits women's access to economics and politics, making women financially dependent on men," she said.

Article 34 (2) declares that caring for the family is an obligation that rests fully with the wife.

Nursyahbani also called for the scrapping of articles legalizing polygamy, as it was unfair to women. The law states that a man is allowed take a second wife if his first wife is unable to carry out her wifely duties, suffers from an incurable disease, or is unable to have a child.

"The article clearly shows that a wife serves as a reproductive machine and her husband's servant. When she is not able to fulfill these duties, then the husband can simply dump her. "Although there is the added condition that to take another wife, a husband should ask for permission from his first wife, many husbands do not do so.

Article 11 on divorce also favors men over women. A woman who has just gotten divorced must wait for a certain period of time before entering into another marriage, while a man can enter his next marriage immediately.

This "grace" period imposed on women is considered a reconciliatory stage. "The article should be revised so men also receive the same period of time for reconciliation," she said.

Finally, the article on minimum marriageable age for men and women must be changed as it contradicts another law. The minimum marriageable age for men is set at 19 years, while it is 16 for women. "According to the Child Protection Law, those below the age of 18 are considered children [minors]. Both men and women should reach a minimum age of 18 before they can marry legally," Nursyahbani said.

The discussion on revising the Marriage Law started about three years ago, but there are no signs that a draft revision would be drawn up soon. "Many controversies are still ongoing, mostly from religious groups, as the marriage issue also crosses over into religious issues," she said.

Komnas HAM writes to Megawati on G30S/PKI prisoners

Detik.com - August 26, 2003

Rizal Maslan, Jakarta -- On Monday August 25, the National Human Rights Commission (Komnas HAM) sent a letter to President Megawati Sukarnoputri requesting that G30S/PKI(1) political prisoners who are innocent be rehabilitated. The matter was in reference to considerations made by the Supreme Court to provide such rehabilitation.

The Komnas HAM letter, reference number 147/TUA/VIII/2003, was sent to Megawati earlier this afternoon and signed by Komnas HAM chairperson Abdul Hakim Garuda Nusantara.

According to Garuda, the letter was sent in order that the government, in this matter President Megawati, take immediate steps to rehabilitate political prisoners and ex-PKI prisoners who are innocent. "We are pushing this issue because tapols and napols(2) have never been found guilty by the courts(3). Aside from this, they have been discriminated against by the New Order regime [of former President Suharto]. According to Paragraph 3 of Law Number 39/1999 on Human Rights this is wrong", Garuda told journalists at the Komnas HAM office on Jl. Latuharhary in Menteng, Central Jakarta on Monday.

Aside from this continued Garuda, the outcome of amendments based on Paragraph 14 Article 1 of the 1945 Constitution says that the president shall provide amnesty and rehabilitation after consideration by Supreme Court. The Supreme Court itself has already sent a letter dated June 13, 2003, reference number KMA/403/VI/2003, in which the Supreme Court's consideration was that G30S/PKI victims should be rehabilitated.

Garuda said that in fact, [as a result of what was] in the Supreme Court's letter, the government must take the decision to provide rehabilitation and amnesty. Because the Supreme Court has already agreed [to this] in its consideration, the president is in fact already able to do this with reference to the Supreme Court's decision. "The Supreme Court has carried out its constitutional task, now it is up to the president [to act upon the Court's decision]", he explained again.

Is he optimistic that the president will grant this? Garuda only hoped that it will be able to be granted. "The Supreme Court has already given [the case] its consideration, it is hoped that the president can also [do this]", he answered. (djo, zal)

Notes

1. G30S/PKI: Gerakan 30 September/Partai Komunis Indonesia, the September 30 Movement/Indonesian Communist Party. An acronym referring to the alleged coup attempt in 1965 which the New Order regime blamed on the PKI. G30S was a grouping of middle ranking officers lead by Lieutenant Colonel Untung, who kidnapped and killed six generals whom they accused of being members of a "Council of Generals" allegedly organising a coup against Indonesia's founding President Sukarno.

2. The terms Tapol and Napol both mean political prisoner. The distinction between the two is that Tapols are political prisoners who have never been tried or sentenced and Napols are political prisoners have been tried and sentenced by a court (usually by a military rather than civilian court).

3. The majority of people jailed for their alleged involvement in the G30S/PKI affair were never tried or convicted and in cases where they were, it was by military not civilian courts.

[Translated by James Balowski.]

Focus on Jakarta

'The poor neglected by unfair system'

Jakarta Post - August 30, 2003

Leo Wahyudi S. -- A number of non-governmental organizations (NGOs) have condemned the recent evictions at Jembatan Besi, Tambora, West Jakarta, which left around 10,000 people homeless. They said that landowner PT Cakra Wira Bumi Mandala could have warned people about the planned eviction and taken more humane measures against the squatters. The Jakarta Post asked some experts and others for their comments.

J. Sudrijanto, 35, is a social researcher and former anti- eviction network activist. He lives in Salemba, Central Jakarta: I can't deny that the owners of capital often victimize people on low incomes who occupy the limited vacant urban land available. Eviction is one example of this.

Worse still, many developments violate the rights of city dwellers but rich people ignore it. Dwellers who have occupied vacant land for more than three years have a right to resettlement, based on a resolution from the World Bank.

Therefore, they have the right to claim compensation according to international law.

In this instance, the landowner was wrong to carry out a forcible eviction, which can be considered a gross violation of human rights based on UN Resolution No. 77/1993. If [the eviction] is considered lawful the landowner should let the courts resolve the matter.

Violence is not the solution. The courts will decide who has ownership rights. Well, in a way, the squatters here were also wrong because they were not aware of the ownership rights of others.

But in a general sense, the squatters were also right. They behaved that way because they were disadvantaged by the unfairnesses inherent in the land ownership and housing system.

Naman, 56, is a board member from the development section of a community unit in Petamburan, Central Jakarta. He lives with his wife and four children: With regard to the recent eviction, I'd tend to blame the landowner for his failure to adopt a proper approach and communicate well with the squatters.

The landowner could have approached them personally and told them that the land did not belong to them. So, when the landowner wanted to take back the property, the people would have moved out without making resettlement demands. The landowner should also have made a sort of agreement with the squatters, signed by both parties. This surely would have helped promote residents' awareness of the land ownership and would have prevented a possible dispute later.

The landowner should also have communicated well with the local authorities, including the subdistrict administration and neighborhood and community unit heads, about the property. It's regrettable that both parties usually ignore the importance of developing such a personal relationship.

Consequently, landowners always get into a dispute with squatters whenever they want to take back their property. The absence of a personal approach and poor implementation on behalf of the city administration spark such conflicts. I have dealt many times with examples like this, as I have lived in the city for years.

Ambros, 33, is an engineer working on a construction project on Jl. M.H. Thamrin, Central Jakarta. He lives in Bekasi with his wife and two children: I think the squatters are in the wrong for occupying land that did not belong to them.

They were obviously violating the legal ownership of the land. If they thought they were in the right, it's because they were so numerous they were brave enough to lay claim to the site. They have forfeited the right to demand resettlement by way of compensation from the landowner. In this case, the only possible way forward is a humane approach to driving the illegal occupants away since the lawful ownership is undisputed.

However, in many instances, the squatters tend to resist the landowner, despite being in the wrong. Consequently, there's no alternative but to use physical force to carry out the eviction. You have to admit that many people in this country lack an awareness of ownership rights.

I wouldn't want to work on a construction project if there were an ownership dispute at the site, let alone one involving local people.

NGO Activists condemn squatter evictions

Jakarta Post - August 29, 2003

Tertiani ZB Simanjuntak, Jakarta -- The involvement of public order officers, policemen and military officers in the eviction of around 10,000 illegal occupants of private-owned land at Jembatan Besi area, Tambora, West Jakarta, has been protested by urban activists.

The Urban Poor Network, a group of non-governmental organizations which includes the Urban Poor Consortium (UPC), accused on Thursday the West Jakarta mayoralty administration as conspiring with businesspeople.

"The civil servants -- who should have protected and served the people -- evicted them from their houses to serve the interests of PT Cakra Wira Bumi Mandala, without any concern about where these people could go," the Network said in a statement.

The mayoralty, through its public order officers and with the assistance of police, military and, allegedly, thugs hired by the company, began to evict residents from the 5.5 hectares of land on Tuesday. The land belongs to PT Cakra Wira Bumi Mandala, which reportedly plans to resume building a business district there. The eviction turned violent, with residents complaining of not being warned about the action.

The residents -- who mostly rented makeshift houses in the area -- are now camping in open fields near their old homes. To help residents, the Network opened a public kitchen on Thursday providing meals.

Voicing similar concerns, the Jakarta Resident Forum (Fakta) coordinator Azas Tigor Nainggolan underlined that the eviction should not have occurred.

Tigor, who is also a lawyer, said that the company should have filed a civil suit against the illegal occupants and taken more humane measures in vacating them from the land ... "instead of paying and hiring the public order officials, police, military and thugs".

"In this case, the Jakarta administration and the police obviously breached the law and had become 'the hit men' of the owners," he said.

Fakta has recorded a series of evictions that claimed lives: During 2001, the city administration carried out 45 evictions, in which three people were shot -- when they refused to move -- and 19 others died. In 2002, another 4,792 people were evicted from their houses. Fakta stated that in the last three years, 591 "unexplained" fires burned down the housing of the poor.

"Komnas HAM had issued a moratorium on eviction of residents of Teluk Gong, North Jakarta, on December 2001, but did not act when the administration violated it. Now, Komnas HAM should set up a team to investigate all evictions carried out by city administration, as the evictions may be in violation of the residents' basic rights," Tigor asserted.

Jakarta slum protest turns ugly

Agence France Presse - August 27, 2003

Jakarta -- Police fired warning shots and tear gas yesterday to disperse about 500 slum dwellers protesting against an attempt to evict them from their Jakarta settlement.

They took the action after residents armed with sickles, bamboo sticks and crowbars threw rocks and burned tyres. The police and public order officers later stormed the area and started destroying the residents' homes.

Dwellings were allegedly built illegally on a 5-ha site in the Jembatan Besi neighbourhood in West Jakarta. About 700 police, armed with shields and tear gas launchers, were involved in the face-off with the residents.

Police said that since 1998 about 5,000 people have settled in the area, which belongs to a private company. They have built brick houses, installed electricity and telephone lines. One officer said they had been asked to leave last year but had ignored the order.

News & issues

Indonesia's Wiranto: Reform as a military duty

Asia Times - August 30, 2003

Kafil Yamin, Jakarta -- Indonesia's former armed forces chief and would-be president, General Wiranto, is all for reforms to make the country truly democratic and have a more professional military, but he believes this reformasi should be guided by the military itself.

"Reformasi can be lost. It can lead to national disintegration. Then reformasi would bring nothing to this country but disaster and national demise," he said. "In this case, the military has a constitutional duty to avoid this ... happening," explained Wiranto, 56, who this month announced that he would run for president in Indonesia's first direct presidential election next year.

Few are surprised by his theories on political reforms in Indonesia after Suharto's rule. But the bigger worry for critics is how he will fare -- how voters of this country of 220 million people will judge a man associated with armed forces known for human-rights accusations during Suharto's three decades in power.

"How can a controversial figure like Wiranto, who is facing charges of crimes against humanity, get away with his ambition to run for the presidency?" asked Bambang Wijoyanto of the Indonesian Legal Aid Foundation.

But then again, "people think that anybody can run for the presidency as long as he or she can meet the requirements and [go through a] political convention", argued J Kristiadi of the Center for Strategic and International Studies. "Indonesian politics does not yet have a standard and measurement of democracy," he added. "So what's wrong with Wiranto's candidacy?"

How Wiranto fares will be as much about Indonesia as it is about the former armed forces chief. Wiranto was nominated as presidential candidate by the Indonesia Labor Congress Party and Red and White Youth Guard -- red and white being the colors of the Indonesian flag.

Salim Said, a military expert, said, "Yes, he is facing serious charges and is known to be involved in the misuse of the Rp10 billion [US$1.1 million] fund of Bulog [the national logistics agency for rice and sugar]. But he still can get away."

Wiranto is accused of using these funds to organize civilian security, including pro-Jakarta militia, during the 1999 East Timor referendum on approval of then president Bacharuddin Jusuf Habibie. He has also been accused of doing little to prevent the killings by the military-backed militia, which was opposed to East Timor's separation from Indonesia. So far, Said noted, "he has been able to distance himself from the two cases".

"To some groups of society in Indonesia, someone who is facing foreign charges and international pressures initiated by the West is often regarded as 'national hero'," he added. "Radical Muslim groups and youth close to the military share such a mindset."

Likewise, many Indonesians are either unaware of and or unconcerned about allegations on his human-rights record. "I do not know about those kinds of things. What I do know is that he is a general and he can sing very well. He has a good voice and I like his singing," said a homemaker in Bandung, West Java.

Indeed, Wiranto has recorded a music album and donated money from its sales to victims of communal clashes in Maluku and Kalimantan and refugees in Aceh province, which has long resented military rule and since May has been under martial rule.

But whatever he does to shore up his image, Wijoyanto said of Wiranto's candidacy: "The most direct impact of his rise to power is that reformasi will be less worthy. He is the representation of the old power and he will 'forgive' the past mistakes," including the atrocities of the military.

"He has said 'forget the past and let's focus and work for the future'," recalled Wijoyanto. "It means that law enforcement will have no precedence."

Kristiadi agrees that Wiranto represents the old system packaged in a new candidate. "Wiranto is not a man who is sincerely willing to accept civilian leadership," he said. "Wiranto is a pure military man and democratic societies favor civilian leadership. That is the standard."

But Wiranto said: "What I have been trying to do, and what I am still trying to do, is to serve the nation. I am determined to give what is the best for the nation. But what I got is attempts to see me as the enemy of this nation."

Some say Indonesians' frustrations with politics and the economy since 1998, when Suharto was ousted from power, may play to Wiranto's advantage.

"He is aware he is not the best, but he knows he might be better than the worst," said Fachry Ali of the Institute of Business Ethical Studies and Development.

He said that apart from Wiranto, the likely candidates are incumbent President Megawati Sukarnoputri, House Speaker Akbar Tanjung, who has been found guilty of corruption, and Prabowo Subianto, a son-in-law of Suharto and general discharged for masterminding the 1998 May riots. "Compared to them, Wiranto has more credit," Ali said.

During the height of the fears about the severe acute respiratory syndrome (SARS) in Asia, one joke that made the rounds here was that Indonesia remained under siege by its own version of SARS -- "Saya amat rindu Suharto," meaning "I really miss Suharto."

It is an expression of public yearning for a situation where the prices of basic necessities are affordable, employment rates are good, and there is stability. "Wiranto is the answer to such yearning," Ali added.

Some point out that Wiranto had done his share of reform. He removed Prabowo from the Army Strategic Reserve Command, known by the Indonesian acronym Kostrad.

Added Taufik Darusman, chairman of the New Indonesia Party: "Wiranto is the one who reviewed the armed forces' dual function [military and political roles]. He is the one who separated the police from the military."

He initiated the gradual reduction of the number of military seats in the House of Representatives, a system put in place under Suharto, he added. "So by any standard, Wiranto is a reformist. Say, a military reformist."

But Kristiadi retorted: "This is trial and error. People can make the right or wrong choice. If Wiranto can ascend to power, then I will come to the conclusion that people made the wrong choice in the context of a democracy."

Suspected bomb blasts near Munir's house

Jakarta Post - August 29, 2003

Damar Harsanto, Jakarta -- One of two packages exploded in the front yard of the residence of renowned human rights activist Munir on Jl. Cendana XII No. 12 in the Jaka Sampurna housing complex, South Bekasi.

City Police chief Insp. Gen. Makbul Padmanagara confirmed that a package had exploded, but police were still confirming whether the blast came from a bomb or a firecracker.

"This is a kind of terror aiming to frighten people," Makbul said, declining to put the blame on any group, nor to speculate on the motives behind the blast.

The two packages were placed only 1.5 meters from the front gate of Munir's house by an unidentified man. One of the packages blew up at around 10am, but no injuries or damages were caused. Munir is in Bangkok, Thailand, attending an international conference on missing persons and violence.

When asked about the incident, he replied, "That's not a bomb. It must only be a powerful firecracker." Munir, who is known to be critical of all human rights abuses and violence in the country, has been the target of several attacks.

In May this year, about 100 members of a nationalist youth organization from Pemuda Panca Marga, a staunchly nationalistic group whose members are children of veteran soldiers, attacked the office of local human rights watchdog Commission for MissingPersons and Victims of Violence (Kontras). Munir is on of the founders of the organization. Five staff members were assaulted, while the office was vandalized.

A bomb was also placed at the Munir family's home in Malang, East Java, in 2001, but failed to detonate.

Environment

'Logging mafia to profit from new bylaw'

Jakarta Post - August 29, 2003

Apriadi Gunawan, Medan -- The North Sumatra legislative council approved on Thursday a controversial bylaw on spatial planning for the province, which critics say fails to protect the interests of people and allows illegal loggers to denude protected forests.

Hundreds of activists from the Coalition of Non-Governmental Organizations (Ornop) held a demonstration at the council to protest the approval of the bylaw, which will be effective until 2018 and maps out rural regions in the province that can used for physical development, economic activity and those that will remain as protected zones. The protesters demanded that the bylaw implementation be postponed so revisions could be made that would be more acceptable to the majority of people and would protect forests from illegal loggers.

The bylaw was endorsed in voting during a plenary session presided over by council speaker Ahmad Azhari. However, the National Mandate Party and the Coalition faction in the council rejected it.

Herwin Nasution, executive director of North Sumatra's Indonesian Forum for the Environment (Walhi) -- part of the Ornop, said the bylaw did not benefit the people of the province, but only a few elites who would profit from the new arrangement at the expense of protected natural forests among other things.

It also failed to include maximum efforts to preserve protected forests in North Sumatra to prevent floods, landslides and drought in the future, he explained.

Citing an example, Herwin said the Dairi regency administration had demanded that the protected forest in Tanah Pinem subdistrict be maintained, but the new bylaw will allow it to be exploited.

The bylaw also did not include a number of other protected forests in several districts, such as those in Sibayak, Deli Serdang regency; Sinabung and Lengketu in Karo regency; Sipirok, Batang Toru and Angkola South Tapanuli regency.

"The move not to include firmly those protected forests in the spatial planning bylaw is believed to be related with a mafia network in a bid to essentially legalize illegal logging there," Herwin said.

Sharing Herwin's idea, Director of the Indonesian International Conservation group Erwin A. Perbatakusuma said the bylaw manipulated the "status and function" of forest areas.

Based on Presidential Instruction No. 33/1998, the ecosystem zones of the Mount Leuser National Park are set at Karo, Deli Serdang, Langkat and Dairi, but this new bylaw says the park is only located in Langkat district, Erwin added.

Councillor Haryanto said his Coalition faction rejected the bylaw because it was drafted and approved without a comprehensive assessment.

He argued that the bylaw did not clearly explain how to deal with the so-called "Holding Zone", covering 100,000 hectares of protected forests in 20 locations across North Sumatra which have been seriously damaged by illegal loggers.

Similarly, PAN faction spokesman H.S.Panggabean said his party opposed the bylaw for a lack of its clarity in dealing with the Holding Zone.

It is further evidence that the provincial administration and the council was unwilling to enforce the law firmly against illegal loggers in the protected areas, added Herwin.

No more logging in Java, government says

Jakarta Post - August 26, 2003

Moch. N. Kurniawan and Suherdjoko, Semarang/Jakarta -- Due to a threat to the water supply of 128 million people living on Java, the government declared on Monday a ban on logging and decided to review farming policies on this densely populated island.

Speaking after a Cabinet meeting held to discuss the drought, Coordinating Minister for People's Welfare Jusuf Kalla said the government had decided to ban logging in Java to preserve water for the population. "Our decision has been to stop logging in Java," Kalla said.

All commercial plantations and logging activities in Java are controlled by state-owned forest company Perhutani. With the logging ban, Perhutani has been asked not to use its land for wood production anymore. Kalla said Perhutani should now focus on its non-logging business activities such as ecotourism.

In addition to a logging ban, Kalla said that the government would also gradually increase reforestation efforts in Java.

He said reforestation funds for this year, which stood at Rp 1.2 trillion (US$142 million) to replant 300,000 hectares of wooded area across the country, would gradually be raised to Rp 8 trillion to cover one million hectares in 2005. He did not specify how great were the funds allocated for reforestation in Java. Forest accounts for only about 5 percent of Java's total land area -- far below the ideal of 20 percent to 30 percent. Even so, much of this small, forested area in Java has been destroyed by illegal logging.

Kalla said the logging ban and reforestation should increase water reserves on the island, where more than half of Indonesia's 212 million people lived.

Meanwhile, State Minister of the Environment Nabiel Makarim said on Monday that without a significant change in direction water in Java would continue to deplete while the population continued to grow; therefore, a water crisis was imminent.

This year alone, Java is estimated to suffer a water deficit of 13 billion cubic meters. Demand for water remains at 38 billion cubic meters, while Java can supply only 25 billion cubic meters.

"Thus, we must reduce farming and plantation activities in Java, and relocate them outside Java," he said, adding that the type of agriculture to be moved away from Java would be the variety that absorbed water, such as rice farming.

Nabiel went on to say that land conversion must also be stopped, while reforestation should be carried out immediately.

On the same occasion, Kalla said the government had started on Monday the distribution of 1,800 tons of free rice to farmers affected by drought in 18 regencies in Java.

He said the government had sent a team of officials to monitor the distribution of free rice to avoid its misuse.

Nevertheless, much of the rice had not yet reached farmers as of Monday, as promised by the government.

In Subang, West Java, for example, the distribution of free rice in the regency had yet to materialize due to bureaucratic delays.

"We received a fax from the State Logistics Agency (Bulog) early on Monday. But we have to get permission beforehand from the Subang administration to distribute the rice to needy areas," said deputy head of Subang Logistics Depot (Dolog) Endi Suhendi.

Meanwhile, Bachtiar, the head of Dolog Semarang, Central Java, said his office had distributed 600 tons of free rice to its branch offices in Rembang, Grobogan, Demak, Wonogiri, Sragen and Cilacap.

According to Kalla, the government would distribute a total of 20,000 tons of free rice until October, and would increase the distribution to 30,000 tons if the drought continued until November.

Some 100,000 hectares of farmland have reportedly experienced crop failure due to the current drought, which has affected about 250,000 farmers.

WWF urges global firms to stop buying illegal plywood

Jakarta Post - August 26, 2003

Jakarta -- The World Wide Fund for Nature (WWF) is currently running a campaign to urge global companies to stop buying plywood from Indonesian firms suspected of retaining illegal logs and damaging the environment. An executive from WWF Indonesia, Agus Setyarso, told The Jakarta Post on Monday that currently WWF was in the process of lobbying companies abroad to take part in what he called the global forestry trade network.

Agus explained that the network would consist only of plywood buyers which had committed to reject Indonesian plywood products drawn from illicit resources.

"The program is still being developed and we hope that it can be applied in 2006. We are hoping that the possible risk of losing global customers will push local plywood firms to seriously take care of the environment," Agus said.

He said companies included in the network would only receive logs accompanied with an environmental certificate, issued by an independent auditor. By doing so, the public would be able to trace the origin of the logs.

Agus was optimistic that many companies would join the network because global firms are becoming more sensitive to environmental issues due to pressure from non-governmental organizations, as recently shown in the case of pulp giant Asia Pulp and Paper (APP).

APP's major Japanese customers -- among them copy machine company Ricoh Co. -- threatened to stop buying plywood from the company unless it cleaned up its environmental record in Indonesia.

Stung by the action, APP signed an agreement with WWF last week to set aside 58,500 hectares of its concessions in Riau province as a conservation area.

The company also pledged to tighten up procedures to stop illegally logged wood ending up in its mills and to publish a plan to make its forestry operations self-sustaining over the next few years.

Agus said that APP's move was commendable and urged other local companies to do the same thing.

"Without the initiative of the company itself, such an agreement would not have taken place. We hope other companies follow the same steps," he said.

Indonesia is the largest plywood producer in the world with some 80 percent of output exported, providing nearly 100 percent in foreign exchange revenues, because the import component is very small.

From 1993 to 1999, foreign exchange earnings from this industry averaged around US$5 billion per year, which accounted for 9.5 percent of the country's total foreign exchange revenue each year.

However, due to a shortage in raw materials, earnings from the industry plummeted to an average of $2.3 billion per year during the last three years.

The government, under pressure from international donors, is determined to protect the country's forest areas, which have been heavily damaged due to over-exploitation by forest-related industries such as plywood and pulp.

The government has limited the timber supply quota at home to only 6.89 million cubic meters, compared to more than 12 million cubic meters in previous years.

The restriction has forced the plywood industry to cut down its production capacity by up to 60 percent.

Currently, there are some 128 plywood companies operating in the country, employing some 16 million workers and with total investments reaching $27 billion.

Bali/tourism

Want more tourists? Give them free hotel rooms: Minister

Jakarta Post - August 30, 2003

Muninggar Sri Saraswati, Jakarta -- The government appears to be undeterred by a recent massive demonstration in Bali against the new visa policy and vows to start charging incoming tourists from countries such as Japan and Australia with visa fees, starting October 1.

Minister of Justice and Human Rights Yusril Ihza Mahendra on Friday slammed the protest in Bali as siding with foreigners and said the government would not back down.

He said his office would soon issue a decree to impose a visa fee of some US$30 per foreign visitor, excluding those from 11 countries, mostly in Southeast Asia.

"I don't understand [protesters in] Bali. Why didn't they take side with Indonesia? Indonesia is poor. Why fuss about 30 dollars [Rp 240,000] charged to foreigners? With only Rp 240,000 they can visit our country for 30 days. If they [the tourism industry community] want Bali to be festive, why don't they provide free- of-charge hotels? Many people will go there," he said.

Yusril argued that Indonesians must deposit a non-refundable fee of around $50 to apply for a short-visit visa at several foreign embassies here. "If you want to go to Australia or the US, for example, you must deposit a non-refundable Rp 450,000 just for the visa. You don't make a fuss about it, although they may reject your request and then your money is gone," he said.

On Wednesday, thousands working in the tourism industry in Bali staged a street rally protesting the visa policy. They said that it would hurt the tourism industry, still recovering from last year's bombings. Supporting the rally, State Minister of Tourism I Gede Ardika called for the postponement of the implementation of a presidential decree revoking the visa-free-facility to visitors from 48 countries.

Yusril said that his office would maintain its stance to only grant visas-free-on-arrival through a reciprocity principle. The presidential decree, dated March 31, grants free-visas-on-arrival for a 30-day visit to nationals of 11 countries, namely Thailand, Malaysia, Singapore, Brunei Darussalam, the Philippines, Hong Kong, Macao, Chile, Morocco, Turkey and Peru. However, Yusril said that he had suggested the government withdraw Turkey from the list, as it no longer grants the same conditions to Indonesians.

Starting October 1, tourists coming from countries -- previously enjoying the visa-free-facility -- must pay for their visas but can request to pay on arrival.

Yusril said the amount of the fee would be discussed at a Cabinet meeting, possibly next week. "We will discuss the charge for visitors, whether it will be the same fee for all visitors from all countries [not entitled to free visas]," Yusril told reporters.

Yusril revealed that his ministry had prepared sophisticated electronic devices for several international airports and sea ports in the country to process visa-on-arrival requests from visitors. The devices, he said, would enable officers to proceed the requests within seconds.

Balinese protest plans to revoke visa-free travel

Associated Press - August 27, 2003

Bali -- More than 1,500 Balinese tourist industry workers took to streets of the capital, Denpasar, on Wednesday to protest government plans to revoke visa-free travel for foreign visitors.

Bali, Indonesia's premier resort island, relies heavily on tourism and many say Jakarta plans will crush efforts to revive the industry after it was devastated by the Oct. 12 Bali terrorist attacks, the war in Iraq and the severe acute respiratory syndrome outbreak (SARS).

"Our tourist industry has not recovered yet. The government need to delay this plan," said Made Suriawan, an organizer of the protest.

On March 31, President Megawati Soekarnoputri signed the decree allowing free entry only to citizens of those countries affording the same privilege to Indonesians. However, the law has not been enforced so far.

The new rule would scrap visa-free travel for visitors from 48countries, including the United States, Japan, Australia and the European Union. Their citizens will have to pay US$50 for a 30-day nonrenewable visa upon arrival in Indonesia, although the price may be revised.

Suriawan said the government needs to rethink whether Australian and Japanese visitors, who make up the bulk of visitors to Bali, should be charged.

Only visitors from 11 countries and territories -- Brunei, Chile, Hong Kong, Malaysia, Macao, Morocco, Peru, the Philippines, Singapore, Thailand and Turkey -- will be allowed entry without visas.

Indonesia introduced visa-free travel in 1983 in an effort to attract more foreign tourists. But officials say it has often been abused by foreigners who work illegally or are engaged in other activities in Indonesia.

Armed forces/police

TNI replaces six legislators

Jakarta Post - August 30, 2003

Former Udayana military chief Maj. Gen. Williem T. Da Costa and five other senior military officers were sworn in as new legislators to replace six others who have reached mandatory retirement age.

House Speaker Akbar Tandjung, who presided over the swearing-in ceremony, welcomed the five new legislators from the Indonesian Military/National Police faction, saying they were in the legislature to channel the people's aspirations for the remaining one year of the present House's term.

He called on the new legislators to help improve the House's performance as regards its legislative functions, saying the House still had a large backlog of bills to get through.

Besides Da Costa, the five other new faction members were named as Maj. Gen. Rudjiono, Maj. Gen. Sang Nyoman Suwisma, Rear Admiral Jimmy Masykur, Rear Admiral Sugeng Waluyo Ronoharjo and Rear Marshal IG Bambang Risharyanto.

The legislators they are replacing are Lt. Gen. Slamet Supriyadi, Maj. Gen. Arifuddin AM, Maj. Gen. Syamsul Ma'arif, Rear Admiral J. Ferdinand Manengkei, Maj. Gen. Prayitno and Rear Marshal Pieter L.D. Watimena. The mandatory retirement age in the military is 55.

The Indonesian Military (TNI) leadership also appointed Posma L. Tobing as the chairman of the Military/National Police faction in the House and as the deputy speaker of the People's Consultative Assembly (MPR), two strategic positions left vacant by the departure of Slamet Supriyadi.

The military and police have 38 non-elected seats in the legislature but are due to loss their seats in the House in September 2004, and in the Assembly in 2009.

The military's exit from the legislature is part of a stumbling process of national reform to develop democracy that has been underway since the fall of former president Soeharto's authoritarian regime in May, 1998.

US arms embargo? Jakarta to turn to others

Straits Times - August 28, 2003

Robert Go, Jakarta -- Indonesia took delivery of its first two Russian-made Sukhoi fighter jets yesterday as officials declared that the arms embargo by the United States and its allies would drive them to search for alternative suppliers.

The jets are part of a controversial deal, worth nearly US$200 million, inked in April. Russia will deliver two more Sukhoi jets on Sunday and two assault helicopters next month.

There was opposition to the arms purchase in Parliament. Members charged President Megawati Sukarnoputri's government with violating the purchase procedure. It bypassed the Defence Ministry and used a barter scheme, involving the Trade and Industry Ministry and state-logistics agency Bulog, to pay for the aircraft.

The Parliament has formed a special committee to look into Sukhoigate -- as the scandal is locally known. Its probe is ongoing, but MPs themselves admitted the exact ramifications of the current government's actions remain unclear.

The deal with Moscow is also a clear departure from Indonesia's previous reliance on Western arms suppliers. Future purchases from Russia and other suppliers are possible, said top generals.

Political analysts said there have been increasing signs that Jakarta wants a return of the close relationship it enjoyed with Moscow during the Sukarno era.

Military chief Endriartono Sutarto told a press conference that the latest purchase was "just the beginning". He said Indonesia needed two fighter squadrons or 24 planes. "If we want a force to support our territorial integrity, there have to be more than four planes," he added. "We are seeking alternatives for getting new equipment to avoid being dictated to over something that we purchase but cannot fully use."

Reports say only 40 per cent of Indonesia's fleet of about 90 military aircraft, most of them American and British made, are operable due to shortages of weaponry and spare parts.

Last year, senior Air Force officials blamed the situation on Western governments' restrictions on military sales to Jakarta. They were imposed after alleged human rights violations by soldiers in Timor Leste, then known as East Timor, and other regions.

The US Congress has linked resumption of full military ties with Indonesia to the results of an investigation into the deaths of two Americans in Papua last year.

Britain has also protested against the use of its Hawk jets in Indonesia's ongoing campaign against separatist rebels in Aceh province.

But in the eyes of Indonesian politicians, diversifying the country's list of military-equipment suppliers makes sense, given what is perceived here as Western governments' hypocrisy when it comes to arms sales.

MP Joko Susilo, a member of the Sukhoigate committee, argued it is silly for the West to sell arms but expect buyers not to use them. He said: "This is our response to the US and other Western countries. As long as they place such embargoes, why should we buy weapons from them? They are not the only ones who can provide defence equipment. There are many other suppliers who offer good quality at good prices."

Military ties

Harold Crouch: No need to embrace Kopassus now

The Australian - August 29, 2003

How should Australia respond to the growing terrorist threat in Indonesia? Unfortunately, if the knee-jerk reaction of many politicians and commentators is anything to go by, we should turn to the military as the only force in Indonesia capable of confronting terrorists.

This argument seems based on a perception of Jemaah Islamiah as a Taliban-like military force that can be stopped only by military means. But JI is a tiny underground movement that is not organised in battalions but in small groups carrying bombs. JI is not a mass movement enjoying widespread public support -- even from fundamentalists in Indonesia.

There was no popular protest when the Bali bombers were arrested and no protest has followed the death sentence given to Amrozi last month. Indonesia's Muslim political parties are more concerned with winning votes in next year's general election than defending terrorists. In fact, it was the leader of one of the "fundamentalist" parties, in his capacity as Minister of Justice, who introduced the anti-terrorism law under which the Bali bombers have been charged.

Not only does the extremist fringe of Muslim fundamentalism lack popular support but it is divided into fractious groups. Two of the most prominent -- Laskar Jihad, which fought in Maluku, and the Islamic Defenders' Front, which attacked bars and brothels in Jakarta -- are not part of JI and have not been involved in JI- style bombing. Another fundamentalist organisation, the Hizb ut- Tahrir, has not been involved in violence. Recent reports suggest that JI itself is split in the face of the adverse public reaction to the Bali, and especially the Marriott hotel, bombings.

Of course, JI has the capacity to do much harm, but it is not a military threat. Operations against it are primarily a police responsibility. Although the overall quality of the Indonesian police is abysmally low, it -- like the military -- contains some highly competent officers who were brought together and given adequate resources in the Bali case. With technical assistance from foreign police, especially Australian, the key Bali bombers were identified and about 80 members of the JI have been detained. Australian co-operation with the Indonesian police has been remarkably successful and should continue as the main focus of Australian support.

What about Kopassus and co-operation with the Indonesian military? There are two separate issues. First, should Australia follow the Bush administration, which is moving to restore military relations with Indonesia -- despite opposition from the US Congress -- as part of the war on terror? US officials argue that close military relations will enhance military professionalism, strengthen democratic commitment and sensitise military personnel to human rights issues.

Past experience, however, was disappointing, as recognised at the time by the Americans when they cut long-standing relations in response to abuses in East Timor. Answering a question about Kopassus's human rights record last month, Australian Defence Force chief Peter Cosgrove said: "We should focus on the here and now" -- as if the Indonesian military is no longer involved in human rights abuses.

But when seven Kopassus members were recently convicted (and given light sentences) for murdering the Papuan separatist leader Theys Eluay, Indonesian army chief Ryamizard Ryacudu rejected the judgment and said that the soldiers should be treated as national heroes. It is hard to believe that the Indonesian army under its present leadership has really reformed itself.

In my view, close relations with the Indonesian military should wait until there are strong indications of the presence of a real will for reform. At present the argument for co-operating with Kopassus, as Cosgrove has pointed out, is much more limited. What would Australia do if terrorists hijacked a Qantas plane in Bali? It is unlikely that Jakarta would permit Australia's Special Air Service to conduct the operation. Instead, the Indonesian Government would call in the Kopassus anti-terrorist unit. One alternative for Australia would be to let the Kopassus unit do the job. The other would be to somehow co-ordinate with them. If the latter option were adopted, it would help if links of some sort or other had already been established.

Some Australians argue that links with the military should be avoided at all costs but do not object to co-operation with the police. One problem, however, is that the police do not have the capacity to deal with a major hijacking. Maybe we should offer to train them -- but what if the hijacking took place next week? In any case, the police unit that would take on this role is the Brimob, which has a human rights record to rival that of Kopassus.

Co-operation with one component of Kopassus for a strictly limited purpose is far from a return to the warm military relationship of the past, which included training and exercises that strengthened the military's capacity for internal repression. My concern, however, is that some elements within the Australian defence establishment might, like some of their US counterparts, see this as the thin end of the wedge to expand military relations more generally, without regard to whether the Indonesian military really is committed to reforming itself.

[Harold Crouch, a former director of the International Crisis Group's Indonesia Project, is a senior fellow in the research school of Pacific and Asian studies at the Australian National University in Canberra.]

Economy & investment

Relocation of foreign firms hurts Indonesia

Jakarta Post - August 28, 2003

Jakarta -- Plans by a large number of foreign companies here to relocate their operations to other countries is an apparent reaction to their frustration over the slow progress by the government to improve the country's business climate.

"When the government declared this year "Investment Year 2003", hopes were high on the part of investors that the government would get more serious and take significant steps to improve the climate here.

"If the relocation plans materialize, then it will all be a total failure," Sri Adiningsih, University of Gadjah Mada economist and is a member of an Indonesia-Japan working group set up to bolster economic corporation between the two nations, told The Jakarta Post on Thursday. Japan-based investors represent the largest percentage of foreign investors in Indonesia.

Sri was commenting on earlier remarks made by Investment Coordinating Board (BKPM) official, warning that there would be more than a hundred foreign companies relocating their businesses by the end of the year, 40 percent of them Japanese, citing a poor business environment in terms of security and the legal system, among other issues.

Johnny W Situmorang, a BKPM director, made the announcement but did not publicly state which sectors those companies were in or what the size of their investment was. Attempts to seek further confirmation from the BKPM office and Japanese business associations were unsuccessful.

Sri said that she had not heard of the planned exodus, but admitted there were continuous complaints from investors, Japanese and others, over the absence of a clear-cut and integrated concept on the part of the government to eliminate problems detrimental to investment.

"They [investors] think that currently the business climate here is worrying. As this is supposedly 'Investment Year 2003', the government should have been able to focus and solve many of the chronic problems such as the legal system, security, taxation, infrastructure, thuggery, illegal fees etc., but the progress seems to be too slow," she said.

If the exodus does happen, Sri added, it would be a serious blow to the economy because it would mean that Indonesia would not only lose the potential income, but would also bear the brunt of thousands more unemployed local people.

"Japanese investors, for instance, their businesses are usually in manufacturing: electronics, automobiles and other industries that employ many workers. We cannot afford to lose their business." The government's investment promotion campaign this year was seen as a desperate bid to boost investment, but it has not been successful so far due largely to a lack of coordination.

As of July, BKPM reported US$4.7 billion in approvals for foreign direct investment (FDI), with around 40 percent of that coming from Japan. It was actually a rise from $3.2 billion posted at the same period last year, but most of that figure is a reflection of several local companies changing their status to foreign ones.

In fact, investment approval numbers have been descending on a steep slope in the last 5 years. In 2002, FDI approvals plunged by 35 percent, while domestic investment approvals dropped by 57 percent.

More foreign firms to relocate

Jakarta Post - August 27, 2003

Jakarta -- The Investment Coordinating Board (BKPM) warned on Tuesday that more foreign companies were set to relocate their operations here to other countries due to the worsening investment climate in the country.

BKPM director Johnny W. Situmorang said that more than one hundred companies planned to leave the country this year. "Up until the end of the year, companies that are planning to relocate are estimated to reach more than one hundred. They see the investment climate here as no longer attractive," he told Antara in Medan, North Sumatra.

Johnny did not mention the companies, but said 40 percent of them were Japanese companies, most of which planned to move to China or Vietnam. Japanese firms represent the largest investors in Indonesia.

He said that as a whole, Indonesia was less attractive in terms of its investment climate as compared to those nations, especially as Indonesia still lagged behind in efforts to improve security and legal certainty for businesses. Many local and foreign investors also complain about labor disputes and the haphazard implementation of the regional autonomy program.

It remains to be seen whether the prediction will materialize, but his remarks were the latest to voice disappointment over the government's lack of a clear-cut concept and efforts to improve the country's business environment.

Investment approvals have indeed been declining over the past several years. In 2002, foreign direct investment (FDI) approvals plummeted by 35 percent, while domestic investment approvals dropped by 57 percent.

Before the crisis, investment was one of the country's main drivers of economic growth. But now, it only accounts for less than 15 percent of growth in the country's gross domestic product (GDP).

As part of attempts to lure more investors, the government has declared this year as Indonesia's Investment Year, but to no avail so far, due largely to a poorly coordinated program.

As of July, BKPM reported US$4.7 billion in approvals for FDI. Although the figures show a rise from the same period last year, which totaled $3.2 billion, they do not necessarily represent a sudden turn in investment appetite, as most of the approvals came from existing companies switching their status to domestic investment companies.

Moreover, not only have new investments been hard to come by, lately there is also an increasing trend of foreign companies relocating their businesses elsewhere out of the country.

In Jakarta meanwhile, BKPM chairman Theo F. Toemion said that, of all the problems, rampant illegal fees have further deteriorated the appetite of foreign investors to continue doing business here, let alone bringing in new ones.

"If this problem is not immediately resolved, it will serve as a time bomb, which could explode in the form of rapidly increasing unemployment as factories keep shutting down," Theo said at an investment forum in Jakarta on Tuesday.

Theo and Johnny agreed that the only way to improve the business climate was to make investment the ultimate goal to be achieved to help accelerate the country's economic recovery. "If investment becomes the ultimate goal, then every aspect related to investment activities must be fully supported, in line with existing mechanisms and regulations," Johnny said.

The government is currently drafting a law on investment, and is expected to propose it to the House of Representatives soon, in a bid to provide a broad and comprehensive concept on measures needed to jack up investment. Bank Indonesia senior deputy governor Anwar Nasution said at the same forum that without an increase in investment, the country could not enjoy a higher economic growth of 6 percent to 7 percent, a level of growth necessary to resolve the huge unemployment problem.

Eye box Investment Approvals

Domestic FDI (Rp trillion - US$ billion) 1993 - 39.72 8.15
1994 - 53.60 27.05
1995 - 69.85 39.90
1996 - 97.40 29.94
1997 - 119.88 33.79
1998 - 57.97 13.65
1999 - 53.54 10.89
2000 - 93.90 16.68
2001 - 58.82 15.06
2002 - 25.17 9.80
2003 - 11.70 4.70 (As of July 2003)

Source: BKPM

Opinion & analysis

Road worthiness: No way!

Jakarta Post Editorial - August 30, 2003

The Jakarta Transportation Office's plan to have all private vehicles undergo periodic road worthiness tests starting next year has evoked strong reactions from the public, and has become one of the hottest issues of debate in this capital city, Jakarta.

The idea came from Ground Transportation director general Iskandar Abubakar.

This must come as a surprise to those who know little or nothing about Jakarta or Indonesia. For those who are familiar with the local conditions, however, especially those in this metropolis of more then 10 million people, this resistance is quite understandable.

Iskandar may not have meant to rock the boat with his ideas to have all private vehicles tested for road worthiness once every two years. Nevertheless his idea has come as a jolt to the public, who allege that the government is just seeking a disguised way to collect money.

Obligatory tests for road worthiness have actually been applied for years on public transport and vehicles for commercial use, but not on private vehicles. Unfortunately, owners of public transportation companies in Jakarta have learned that road worthiness tests have become a very lucrative illegal business for those officials in charge of conducting the tests at the Ujung Menteng station, which is the only vehicle test station in Jakarta. It is apparent that car owners prefer to bribe the officials to get a clearance certificate stating that their cars can operate on the city's roads. One of the most visible results of this has been that noisy, decrepit city buses belching black smoke from their exhaust systems are free to ply the city's roads without traffic police officers taking any action against them.

Another point is that law enforcers have never ticketed vehicles, including motorcycles belonging to individuals, for violating regulations stipulated by Traffic and Ground Transportation Law No. 14, which was issued in 1992. This law, which drew controversy when it was being deliberated by the House of Representative nine years ago, clearly says that those violating the tolerable emission limits are subject to two months in jail or Rp 2 million in maximum fines.

Article 54 of the Law says, among other things, that anyone operating vehicles that are not worth operating is subject to a three-month jail sentence or a Rp 3 million fine. But the nine- year-old law has become a mere file on the shelves in government offices.

Traffic violations have become commonplace in the city, and people have learned that not one violator has been punished despite the existence of Law No. 14. This has obviously prompted the public to take a stand against the planned periodic vehicle test, which is dubbed nonsense.

Another new controversial plan drawn up by the authorities is that all drivers of public transport vehicles must possess a driver's license of B type (for bus and similar type of vehicles) beginning 2004, or face punishment based on a law that is now being prepared. A driver's license of the A type is now appropriate for those operating minibuses.

Many drivers see the plan as a mere project by the City Transportation Office to devise a new source of income. They also worry that the requirement will finally cause the officials in charge to take more bribes from drivers who apply for a new license. The anxiety is understandable as many of them have bribed the officials to get their drivers' licenses.

The city authorities must have ignored the fact that holding road worthiness tests is not an easy job to carry out. It needs some technological requirements that involve appropriate equipment. This means that skilled people are needed to conduct the tests. At least 1.2 million private cars and more than 2.3 million motorcycles are at present plying the city's roads. How could so many vehicles be serviced by just one testing station manned by people of questionable skill? Recent field observations made by several media show that bribery is still rampant at the test station. Therefore, it is surprising to hear the statements made by the head of the City Transportation Office, Rustam Effendy, that he has never seen anything wrong during his impromptu visits to the station.

If the city authorities are serious in their intention to implement the utopian plan to have all private vehicles tested and to require drivers to hold a B-type license, then the following should be taken into consideration beforehand: -- while waiting for the implementation of the plan, the existing traffic law must be enforced to show the public that the government is serious in its efforts to create civilized traffic; -- the existing road worthiness test for public transport vehicles must be conducted in a fair and professional manner so as to stop rampant bribery at the test station; -- more test stations must be established at all the five mayoralties to make it possible for private vehicles to get thorough tests as soon as possible; -- an internal "clean up" drive must be conducted consistently at the City Transportation Office so as to free the institution from unscrupulous officials; -- and last but not least, better skilled and more professional people must be recruited to conduct the tests at the mayoralties.

If the city authorities think they are not capable of meeting those conditions, we suggest that they be more realistic and rational and abort or at least delay their irrational plan.

Press impartiality in Aceh

Jakarta Post Editorial - August 29, 2003

The information disclosed by new media watchdog Aceh News Watch on Wednesday that most national newspapers and television stations had failed to practice the very basic media principles of impartiality and coverage of both sides in a conflict in their reportage of the war in Aceh surprises no one.

According to the findings obtained by the NGO by monitoring five television stations and 13 major newspapers, the press reportage of the Aceh war depends heavily on information supplied by the Indonesian Military (TNI) and National Police (Polri). The television stations used the military version of incidents 108 times and those supplied by the police 46 times. In comparison, those stations quoted GAM only 16 times. As for the printed media, the newspapers quoted military sources 33 times and police sources nine times, while GAM sources were quoted only five times.

The question is whether this failure to abide by the fundamental credo of the media is caused merely by technical difficulties in covering the government's enemy in the war, which is the Free Aceh Movement (GAM), or because they had to meet Indonesian Military (TNI) demands not to provide any access to GAM for the sake of the Unitary State of Indonesia (NKRI).

Apart from that there is also the fear that the media does truly share the TNI's stance that GAM should not be given a chance to convey its version of the war, because the fate of the unitary state is at stake. But who actually has the right to claim that the state is in fatal danger? Clearly, not the military or the government only, but the nation as a whole.

It is not our intention to blame the television stations and the press for depending so heavily on the TNI because they are facing a very difficult situation, and that includes the responsibility to guarantee the safety of their reporters on the battlefield. Journalists who cover the war face the threats of warfare when they make contact with the rebels. The names of media organizations and journalists who have faced the consequences of their defiance against the military, have also been reported by the media. The rebels should be equally blamed for the chaos because even until this day, they are still holding the RCTI crew members hostage.

Whatever the reasons for this partial coverage may be, biased and one-sided reports on anything not only betrays one of the most fundamental principles of a free press society, it also deceives the public, which has the right to get accurate and fair information. There is no guarantee that closing media access to the rebels will ensure the success of the military operation in Aceh to eradicate the rebellion and stamp out the roots of the insurgency in that province. By giving a chance for the rebels to air their version of the war, the public will get more balanced information about the source of the war and the public can get closer to the truth behind the war in the Aceh.

The military, for its part, can benefit from reports about GAM. For instance, whenever claims arise that Indonesian soldiers have committed gross human rights abuses, the TNI can use this GAM information to check out the allegation and, if accurate, to punish those who are responsible for the crimes.

We do agree, though, that the unity of the Republic of Indonesia should be maintained. We also wholeheartedly concur with the view that armed rebellions must not be tolerated. We, the media, must also play a role in securing the unity of this Republic, but not a unity that is based on one version of the conflict only.

The US-led war on Iraq, for example, could serve as an example. Many sections of the American media, such as CNN, were trapped in the nationalistic euphoria that prevailed in the US before the war and so, by using only their government's version of the war, many Americans ignored their role as self-proclaimed champions of press freedom. Saddam Hussein must be toppled because his weapons of mass destruction and his support for terrorism was seen as an immediate threat to their country and the world. So many parties in the media had to lick what they had spit out.

We hope that we can learn from the American media's experience. They enthusiastically supported the war, only to realize that they had to pay dearly for their blundering choice. We believe that fairer coverage on Aceh will help the nation to end the suffering of its people. The media itself is expected to be mature enough to make its judgment on Aceh. Talking about such bitter facts on Aceh may upset us now, but for the sake of the Acehnese, the true facts should be disclosed in order to find out the truth.

No more 'divide and rule'

Jakarta Post Editorial - August 28, 2003

At least three people have been killed and 45 injured in clashes between supporters and opponents of the setting up of Central Irian Jaya province in Timika since Saturday, when the province was formally established. And the government -- fully aware that these clashes should never have erupted in the first place -- for some unfathomable reason has yet to step in with a clear-cut policy.

It is extremely difficult to believe that the government, as Minister of Home Affairs Lt. Gen. (ret) Hari Sabarno claims, did not anticipate the clashes following its decision to divide Papua.

The opposition to the division of the easternmost province of this Republic has been strong and clear to all since President B.J. Habibie signed Law No. 45/1999.

Virtually all Papuans bitterly opposed that law, which provides that Papua, with a population of less than 2.5 million, should be divided into three provinces. They considered it to be part of a central government divide-and-rule plot to allow the Jakarta elite to keep on plundering the rich natural resources of the province.

Eventually, former president Habibie postponed the division of Papua indefinitely in 1999, to the relief of most Papuans.

The political aspirations of local people were further boosted when the government enacted Law No. 21/2001 on special autonomy for Papua, which constitutionally speaking should have superseded Law No. 45/1999. Law No. 21/2001 stipulates that Papua province covers what is now known as Papua, West Irian Jaya, and Central Irian Jaya. And any move to split up the province must receive the prior approval of the Papuan People's Assembly (MRP).

Expectations ran high that eventually the Papuan people would get their fair share of the cake. Months passed, but the central government kept postponing the implementation of Law No. 21/2001. It has yet to approve the establishment of the MRP and the selection of its members, who are supposed to consist of the leaders of tribes, religious groups, and noted public figures in the province. Instead, one noted public figure in Papua, Theys Hiyo Eluay, was found dead in November 2001. Even though all the indications lead to the conclusion that Indonesian soldiers were involved, the government has yet to thoroughly investigate the case.

To add insult to injury, President Megawati Soekarnoputri in January this year issued Presidential Instruction No. 1/2003 on the establishment of West Irian Jaya province, based on Law No. 45/1999, thus constitutionally flying in the face of Law No. 21/2001. She even instructed the governor of Papua province, Jaap Salossa, to assist the new governor in Manokwari, the capital of West Irian Jaya province, in taking charge of his new domain.

Just a couple of weeks ago, the Annual Session of the People's Consultative Assembly recommended that the House of Representatives revise Law No. 45/1999 and Presidential Instruction No. 1/2003, in order to bring the two into line with the spirit of Law No. 21/2001. This call has gone unheeded.

This newspaper last week warned that political stability in Papua would be adversely affected if the government continued to arrogantly ignore the deep-seated political aspirations of the Papuan people. Incredibly, after the violent clashes that killed at least three people and injured many others, Minister Hari Sabarno had the temerity to tell reporters that the government never expected such a bloody reaction.

It is not surprising that House deputy speaker Muhaimin Iskandar and legislator Tjahyo Kumolo of Megawati's Indonesian Democratic Party of Struggle have singled out Minister Hari Sabarno as the one who should be held responsible for the fiasco.

As House Speaker Akbar Tandjung said the other day, the government should refrain from dividing up the province until it fully implements Law No. 21/2001 on special autonomy for Papua. It is time for President Megawati to listen to these prudent voices instead of the generals in her entourage.

Aligning with Soehartoism won't end bombings, terror

Jakarta Post - August 27, 2003

Max Lane -- Indonesia is in a process of transition out of the period of dictatorship during the presidency of Gen. (ret) Soeharto. This process of transition is occurring in the midst of a severe and continuing economic crisis, often seen to be linked to globalization.

The transition has already been marked by political volatility: A president has been ousted in a virtually unconstitutional manner; a war has been declared in Aceh; there are armed conflicts in Maluku and Papua; support for the president and all the major parties is declining; there are protests from all sectors of society every day. There has been two serious bombings of public places in a period of 11 months.

It is unlikely that the transition out of volatility will be over within a decade.

The Howard government's has renewed military cooperation with Jakarta, including with the army's special forces. This policy is an extension of the Australian government's statement of support for president Megawati Soekarnoputri's military solution to Aceh's political situation.

In this way, Howard has decided to stand with Megawati and the hangers on from the Soeharto order against all those voices of the newly emerging Indonesia who want the military to withdraw and who are striving for an end to state violence and coercion in politics.

The transition out of dictatorship -- a dictatorship which all Australian governments supported and lauded -- has not been and is not some kind of automatic sociological process. It has been and still is the result of a political struggle by Soeharto, the groups around him and the groups that still think like him against a new generation of Indonesians wanting a different, democratic future. Soeharto did not bow out voluntarily he was forced to go by hundreds of thousands of people demonstrating on the street.

But Soeharto's going did not end this struggle. The Megawati government represents an essential continuity with the Soeharto mentality constrained only by a stronger pro-democratic public. In the Politics and Security Committe of her Cabinet are herself; the Vice President Hamzah Haz, head of the conservative Islamic party forged by Soeharto during the dictatorship; the national police chief and several Soeharto Generals: Hendripriyono, Hari Sabarno, and Bambang Yudhoyono.

It is not surprising then that Megawati is implementing a military solution to the political problem of self-determination in Aceh; that there are more political prisoners in goal now than in the last years of Soeharto; that almost no military have been convicted for human right violations under Soeharto and that no human rights charges have been brought against Soeharto himself.

But democratic sentiment in opposition to the government remains strong. This is most obvious around issues of state and military violence. Over the last few weeks more and more Indonesians from the democratic camp have criticized the military operations in Aceh. These include the prominent writers WS Rendra, Ratna Sarumapet, Pramoedya Ananta Toer and Goenawan Mohamad. The Aceh Commission of the National Human Rights Commission has been increasingly critical.

Prominent labor and political leaders like Dita Indah Sari have called for an end to the war. There have been peace vigils, and even a peace concert involving pop groups and jazz singers echoing this sentiment. Journalists have often been at the forefront of these criticisms also.

These are the voices of change that represent the next Indonesia. All public opinion polls also show rejection of the old elites and a longing for something new.

The Megawati government, encouraged by the Howard government, continues to rely on violent coercion, that is terror, in Aceh, in Papua and often against farmers and poor workers.

Can anybody expect that there will not be some people, often driven to inhuman irrationality by desperation, hopelessness, or alienation generated by the deep poverty and humiliation of an economy in crisis, who decide to reply in kind? The current policies, which depend on violence and coercion, will bring no end to bombing incidents.

[Max Lane is a Visiting Fellow, Asia Research Centre, Murdoch University.]