Aceh

Horror behind Aceh's closed door

Asia Times - November 15, 2003

Lesley McCulloch -- It is too easy for the world to forget Aceh, an embattled, silent and closed province in the northwest of Indonesia. The reason is simple: international journalists are prevented from entering legally and the local media are either embedded in the military or attacked -- even kidnapped -- when attempting to work independently.

There is an acute sense of lingering Suhartoism in Indonesian President Megawati Sukarnoputri's response to Aceh -- dissent has been met with state-sponsored violence. Almost six months of martial law has resulted in the province being all but closed to the outside world. On average, 12 people are killed each day, the same number are arrested and many more simply disappear. These are the official figures; data from locals suggest the human cost of this latest military operation is in fact much higher.

The misery of the Acehnese is compounded by the fact that poverty is running at around 40 percent, food and health security are something of the past -- certainly not the present -- and many children do not attend school. The education infrastructure no longer exists in any meaningful form (600 schools have been destroyed); many teachers -- accused by the military of spreading pro-independence "propaganda" -- have been killed or abducted, and pupils are often too afraid to venture far from home.

Coordinating Minister for Political and Security Affairs Susilo Bambang Yudhoyono has in recent days announced an extension to martial law, which had been due to end in mid-November. To many, this has come as no surprise. Sofyan Daud, spokesman for the separatist movement, said by satellite phone from Aceh: "You know, we are never surprised by the actions of the Indonesian government or military -- and we are always ready for them. Of course it would be much better to return to the dialogue and stop the bloodshed, but the Indonesians are reluctant to follow this path."

The question remains whether the extended military operation can indeed fulfill its aims of eliminating the movement. Said Daud: "Yudhoyono has himself said that the operation is proving to be less effective and more costly -- in terms of both finances and lives lost -- than they had planned. We [GAM, or the Free Aceh Movement] are still a force to be reckoned with. So what to do now? It is a real problem for the Indonesians -- our people just wait and see. They can never eliminate us. Some day -- soon I hope -- they will realize this and resume another peace process."

With the fall of Suharto in 1998, the Indonesian media were hailed as the freest in Asia by over-enthusiastic or self- deluding supporters of the new regime. It is true that they had more freedom then than during Suharto's time, but they were by no means free.

In the weeks following the imposition of martial law in Aceh on May 19 this year, both local and international media were still able to cover the military operation. As journalists traveled the embattled province, worldwide headlines such as "Aceh's death toll tops 100" (British Broadcasting Corp, May 29) after only 11 days of war, and stories of military-backed militia destroying infrastructure and killing civilians became unpalatable to both the Indonesian military and government. The inevitable response -- closing Aceh to the media -- was met with little opposition by the domestic populace that has lived in a country where traditionally voices of dissent have been silenced -- one way or another. In the absence of any "new" news, the international community quickly lost interest.

In Indonesia a culture of militarism and secrecy has outlived the 30-year dictatorship of Suharto. Megawati's administration has discovered that withholding information is an extremely powerful weapon. Freedom of expression, association and access to information are all fundamental rights and constitute a large component of the cornerstone of democracy: none are yet available in Indonesia.

The process of closing Aceh to the media was very simple. By late May the military, and by extension the government, was already showing signs of nervousness because of the negative coverage. Military commander General Endriartono Sutarto stated: "[Media] reports covering the comments of both sides, or neutrality, cannot be permitted because GAM's chaotic statements will then be released and lead to confusion among Acehnese about who is in the right." The only Acehnese newspaper covering the war, Serambi, followed military orders and all but stopped reporting the conflict.

Following that theme, local military operations chief General Endang Suwarya warned journalists not to quote, interview or write about the rebels: "I want all news published to contain the spirit of nationalism."

Presidential decree 43/2003 (June 16) on restricting the media stipulates that foreign journalists must get permission to report on Aceh from the minister of foreign affairs, and that local journalists must apply to the military emergency authority.

In the post-Suharto flush of enthusiasm that Indonesia was firmly on the path to reform, many hailed the country as the world's "newest democracy". These days, since the reformasi dust has settled, we don't hear so much praise for the process of democratization. There has been a realization that reformasi has, by design rather than default, all but stalled, and that democracy is something that only the most optimistic can see on the horizon. For most there is only quiet acknowledgement that nothing much has changed as Megawati struggles to convince the domestic and international audience that she is not simply a figurehead president while the old Suharto guards and the military continue to reign supreme.

Under Megawati the Acehnese continue to inhabit an "extreme zone" where death, arrest, torture and destruction are the norm. If Indonesia wants to prove its democratizing credentials, the restrictions on access to information in Aceh must be opened to a public and independent review that should ask: "In closing Aceh to the media, exactly what information are Megawati and the military trying to withhold?"

Perhaps we do not fire the bullets or draw the bayonets to kill, maim and terrorize; nor do we light the torches to burn the schools and houses. But our willful ignorance makes us complicit -- as it did in East Timor -- to the unfolding tragedies. The door is closed, we cannot see -- we know, but (again) choose to ignore.

[Lesley McCulloch is a research fellow in the School of Social and International Studies, Deakin University, Melbourne.]

Indonesian troops kill nine more rebels in Aceh

Agence France Presse - November 11, 2003

Indonesian troops have killed nine more separatist rebels in Aceh province, the military said.

Four Free Aceh Movement (GAM) rebels were killed in a firefight at Teupin Tinggi in South Aceh on Monday night, said military spokesman Ahmad Yani Basuki. Troops seized three Kalashnikov rifles and one M-16. Five other guerrillas were killed in separate clashes on Monday, Basuki said.

The military says more than 900 guerrillas and 67 police or soldiers have been killed since the government imposed martial law in Aceh and launched a huge offensive on May 19 to wipe out GAM. It says more than 1,800 rebels have been arrested or have surrendered but top rebel leaders are still at large.

The military also says some 300 civilians have also been killed, but does not say by whom.

Last Thursday the government extended the military emergency for six months despite protests from right groups and concern expressed by the European Union, the United States and Japan.

GAM has been fighting for a free Aceh, a resource-rich province at the northernmost tip of Sumatra island, since 1976.

Military operation commander in Aceh will be replaced

Jakarta Post - November 10, 2003

ID Nugroho and Tiarma Siboro, Situbondo/Jakarta -- Aceh military operation commander Maj. Gen. Bambang Darmono will be replaced after leading the major offensive against rebels for almost six months.

Army chief of staff Gen. Ryamizard Ryacudu confirmed on Sunday the replacement of Bambang, who will transfer his command to Jakarta Military Command chief of staff Brig. Gen. George Toisutta, a former member of the now defunct Joint Security Committee (JSC) which was overseeing the peace pact along with representatives from the Free Aceh Movement (GAM) and the peace mediator the Henry Dunant Centre, in Aceh from December 2002 until May 19, 2003 when Jakarta decided to impose martial law and launch and all-out military offensive.

"He [Bambang] is tired after having served in Nanggroe Aceh Darussalam for so long," Ryamizard said at the close of a training session by the Army's Raider unit near Surabaya.

Bambang's exit from Aceh followed a major rotation within the Army, which also saw a changing of the guard in four regional military commands (Kodam).

Bambang will move to the Indonesian Military (TNI) Headquarters as an expert staff for people's welfare, the post he held before going to Aceh, TNI spokesman Maj. Gen. Sjafrie Sjamsoeddin said.

The withdrawal of Bambang comes amid the government's announcement that martial law in Aceh would be extended for another six months, claiming it was necessary to ensure safety and enable the people to vote in the April 2004 election.

Some analysts have said that the decision reflected a failure by the TNI to completely rid the province of GAM fighters and sympathizers, who have been struggling for an independent state since 1976. After deploying 35,000 troops, the government and TNI had apparently expected a quick war against some 5,000 rebel fighters.

The government stated that the martial law administration would have a 4-pronged strategy, comprising a military offensive to neutralize the rebels, a humanitarian mission to deal with the victims related to the war, greater influence by national police forces, particularly in GAM-controlled areas along with the strengthening of the local administrations and the civil service, especially in GAM areas where local civil servants were largely believed to be sympathetic to the rebels or too weak to resist them.

The return of Toistutta, a 1976 graduate of the Military Academy, to Aceh means a reunion with fellow JSC member Brig. Gen. Safzen Nurdin, currently Bambang's deputy. The JSC was established following the Cessation of Hostility Agreement signed by the Indonesian government and GAM to end decades of conflict in Aceh. But the peace was short- lived.

According to the official military data, over 900 rebels have been killed and 1,800 have been arrested or surrendered since May.

Meanwhile, in the latest battles over the weekend, nine more suspected GAM members were shot dead and six others arrested.

Spokesman for the military operation Lt. Col. Ahmad Yani Basuki said on Sunday that four rebels were killed in separate clashes with TNI troops in North Aceh. He said one of the guerrillas was thought to be a platoon commander for the Ujung Pancu area.

The remaining rebels were shot dead in the regencies of Nagan Raya, Aceh Besar, Bireuen and East Aceh.

Military says Aceh commander hanged himself in cell

Antara - November 10, 2003

Banda Aceh -- Suspected Acehnese rebel commander Efendi Saputra committed suicide in his prison cell in Lhokseumawe district on Sunday, military spokesman Ahmad Yani Basuki said onMonday.

"Efendi Saputra, a subdistrict commander of the Acehnese separatist movement in North Aceh, hanged himself with a nylon rope," Basuki said in Lhokseumawe.

Declining to provide any details on the suicide, Basuki said the body of Efendi, 23, had been taken to the Lilawangsa Military Hospital in Lhokseumawe before being returned to his family. He also said two suspected rebels were shot dead in West Aceh district in a clash with Indonesian soldiers on Sunday, while a civilian and two soldiers were wounded in Sawang subdistrict, North Aceh.

Meanwhile, Indonesian troops raided a suspected rebel hideout in Sabet village, Aceh Jaya district, on Sunday, capturing two separatists. Basuki said two other suspected rebels surrendered to Indonesian troops in Darul Imarah, Aceh Besar district, on Sunday.

Indonesia slams US, Japan & Europe for statement on Aceh

Antara - November 10, 2003

Jakarta -- Indonesia has slammed the US, Japan and European Union for issuing a statement regretting the extension of martial law in Aceh province.

Indonesian Foreign Ministry spokesman Marty Natalegwawa said the joint statement of the three powers was improper and smelt of interference in Indonesian sovereignty.

"The statement issued by those calling themselves co-chairs of the Tokyo Conference on the Indonesian government's decision on integrated operations in Aceh should be deplored, because it was improper and showed a tendency to interfere in a domestic affair," Marty told the press on Friday.

In their joint statement issued on November 6, the European Union, Japan and United States, which co-chaired the Tokyo preparatory Conference on peace and reconstruction in Aceh, expressed their "concern over the extension of the state of military emergency in Aceh." The statement came hours after the Indonesian government on Thursday decided to extend the state of military emergency in Aceh, where Jakarta is fighting a separatist rebel movement.

The emergency, declared last May 19 for a six-month period, was to expire on November 18. But with Thursday's cabinet decision, the emergency will be valid for another six months.

Marty said the three powers' statement showed they did not understand that the Indonesian government's decision to extend the military emergency in Aceh had been made after very careful consideration and was based on input from various institutions in the country.

He said what the Indonesian government had been doing so far was trying to restore and maintain national sovereignty as well as peace for its people, especially the Acehnese people "who have been living under the threat of the separatist Free Aceh Movement [GAM]."

"International support for Indonesia's integrity should instead be shown by pressing GAM to disarm themselves and to accept Aceh's special autonomy as the modality of the final solution of the Aceh question in the framework of the unitary state of the Republic of Indonesia," he said.

Marty said the statement, issued jointly by the US, Japan and European Union showed they had an improper understanding of the integrated operations being carried out by the Indonesian government in Aceh.

"The statement does not reflect a good understanding of the integrated operations which are in fact not merely military in nature," he said. He said the integrated operations include humanitarian operations, the upholding of the law, the empowerment of local administrations and the revival of the local economy.

"We are paying close attention to those matters. We don't need foreign powers to remind us how important it is to uphold human rights," Marty said.

Thursday's three-power statement said: "We encourage the government during the state of military emergency to carry out its activities with the minimum possible impact on the well-being of the people of Aceh and in an approach that includes humanitarian aid, restoration of civil institutions and upholding the law." Marty said the statement produced by the US, Japan and EU as co-chairs of the Tokyo Conference was "irrelevant." "Actually, the Tokyo Conference's co-chairs no longer exist as the Tokyo meeting in May, 2003, failed," he said.

The US, Japan and EU last May 17-18 jointly organized a conference as a forum for dialogue between Jakarta and the separatist GAM to evaluate the implementation of the so-called Cessation of Hostilities Agreement (CoHA) in Aceh. But the conference failed to produce a peaceful solution to the Aceh question. On May 19, the Indonesian government imposed martial law on Aceh and launched integrated operations, including a military offensive against GAM. Marty said Indonesia's stand on the three powers' joint statement would not effect its bilateral relationships with those powers.

Commemorating Hero's Day, students reject military emergency

Detik.com - November 10, 2003

Bagus Kurniawan, Yogyakarta - Commemorating Hero's Day on Monday November 10, scores of student activist from the Yogyakarta Indonesian Youth Front for Struggle (Front Perjuangan Pemuda Indonesia, FPPI) held an action rejecting the extension of the military emergency in Aceh.

As well as this they also called for the conflict in Aceh to immediately resolved without violence so that there will be no more casualties. The FPPI action began at the intersection of the Yogyakarta Monument starting with a speech and a happening art action which portrayed the attitude of the government of President Megawati Sukarnoputri as wanting the military emergency in Aceh to be extended.

Among the several posters which they brought was written "Reject the Military Emergency, Resolve the Aceh Conflict Without Violence" and "The Military Emergency will Add to the Suffering of the Acehnese People and Human Rights Violations".

One student wearing a black shirt played the part of Megawati and another played the part of the Coordinating Minister for Politics and Security, Susilo Bambang Yudhoyono, who were in the middle of discussing a resolution to the Aceh problem. Two others wore green clothing resembling military uniforms, plastic helmets and carried cardboard rifles. A number of others played the role of the Acehnese people wearing traditional Acehnese clothing, acting as if they were suffering as a consequence of the extension of the military emergency.

From the Yogyakarta Monument they went on to hold a long-march towards the provincial Yogyakarta parliament though Jalan Malioboro. Throughout the march they continued to give speeches and hold happening art actions.

In a speech presented by the coordinator of the action, Deky Rizky, he said that the Aceh problem cannot be resolved by violence or a military operation. This is because the Aceh problem is a product of economic and political injustice, but the state has not been capable of resolving it properly and as a result it has created dissatisfaction within Acehnese society. (nrl)

[Translated by James Balowski.]

West papua

Appetite for destruction

Laksamana.Net - November 14, 2003

Laksamana.Net -- Not content with murdering Papua province's passive independence leader Theys Eluay two years ago, Indonesian authorities have now destroyed part of a memorial dedicated to the slain activist.

Local reports said police on Thursday (13/11/03) demolished a large billboard at the monument site in Entrop on the southern outskirts of the provincial capital Jayapura. State news agency Antara said the sign was removed because it had been erected without an official permit.

But The Jakarta Post daily quoted Jayapura Police deputy chief Mathius Fachiri as saying the billboard had to be demolished because its "provocative" text could have incited "hatred and mistaken perceptions" among indigenous Papuans. The Indonesian text stated: "Syukur Bagi MU Tuhan, Pengorbanan Theys Hiyo Eluay dan Korban Rakyat Papua lainnya Akibat Kejahatan Kemanusiaan Adalah Perjuangan Menegakkan Kebenaran Sejarah Papua Demi Mengangkat Harkat dan Martabat Bangsa Papua. Papua Baru Yang Damai." Which means: "Praise God, for the sacrifice by Theys Hiyo Eluay and other Papuan victims of crimes against humanity in the struggle to uphold Papua's true history for the sake of raising the pride and dignity of the Papuan race. Peaceful New Papua."

Analysts say the destruction of a message calling for peace is more likely to provoke violence than the presence of the monument itself. But Mathius said the local Sentani Tribal Council had agreed the billboard could be removed two years after the death of Theys. Sentani Tribal Council chief Enos E. Deda was among those present to witness the destruction of 3 by 2 meter billboard, which was located at the site where Theys was killed by members of the Army's Special Forces (Kopassus). Although Deda accepted the police action, he said the rest of the monument must remain intact as historical evidence that Theys was murdered.

Theys, who had advocated independence for Papua province through peaceful means, was murdered on November 10, 2001, while being driven home after attending a dinner at the local Kopassus headquarters in Jayapura. His body was found in his overturned car on November 11. His driver Aistoteles Masoka disappeared without a trace and is presumed dead.

The military initially denied any involvement in the killing and claimed Theys had died of a heart attack. But in April 2003, seven low-ranking Kopassus soldiers received jail sentences ranging from 24 to 42 months for their involvement in the killing. Army Chief General Ryamizard Ryacudu subsequently described the murderous soldiers as national heroes. Many observers said the light sentences reflected the considerable degree of impunity still enjoyed by senior members of the Indonesian Defense Forces (TNI).

American security analyst Ken Conboy, who has written a book on Kopassus, said the verdicts were typical of the immunity of the military's top brass. "The guys who told [the perpetrators] to go and do it will get off completely or just get a slap on the wrist. The case will stop here," he said.

Sidney Jones, head of the Jakarta office of the International Crisis Group, said the sentences were lenient because there has been no international pressure or desire from the government to reform the armed forces.

Peaceful commemoration

The demolition of the billboard came only two days after members and supporters of the pro-independence Papuan Presidium Council (PDP) had gathered at the monument to peacefully commemorate the second anniversary of Theys' death. The commemoration, which was continued at Theys' house in Sentani, was closely monitored by several police, ostensibly because of fears that violence might have erupted.

Independence day banned

President Megawati Sukarnoputri's administration has banned commemorations of the 42nd anniversary of Papua's declaration of independence from the Dutch. Papua marks its unofficial independence declaration on December 1, while on the other side of the archipelago, rebellious Aceh province on December 4 celebrates the anniversary of the founding of the Free Aceh Movement (GAM).

On December 1, 1961, the Dutch colonial legislature inducted a number of indigenous Papuans and unveiled the "Morning Star' flag of West Papua, which to this day remains a symbol of the territory's aspiration for liberation and independence. The Dutch officially left Papua in August 1962 and the region was placed briefly under the authority of the United Nations.

But the Netherlands and Indonesia then signed the so-called New York Agreements, under which the territory was handed over to Indonesia in May 1963, on the condition that a referendum on self-determination be held within six years. The so-called "Act of Free Choice" was held in 1969 and 1,062 participants voted unanimously in favor of incorporation into the Indonesian nation, allegedly because of death threats.

Human rights groups and journalists who witnessed the referendum say it was unfair, corrupt and a sham. West Papua was formally integrated into Indonesia in 1969 and renamed Irian Jaya. Irian is an acronym for Ikut Republik Indonesia Anti-Nederland (Join the Republic of Indonesia Anti-Netherlands), while Jaya means "glorious'.

Separatists have waged a sporadic guerrilla war against the Indonesian military since the early 1960s. Human rights groups say thousands have been killed in the ensuing violence. Former president Abdurrahman Wahid, who freed all of the province's political prisoners, on January 1, 2000, changed Irian Jaya's name to Papua and encouraged separatists to discuss their aspirations for independence.

But Megawati's military-backed government has taken a tougher stance against the province's separatist movement and has attempted to partition Papua into three new provinces.

Shoot on sight

Chief of the Papua regional military command Major General Nurdin Zainal this week said his troops have been ordered to shoot on sight any Papuans who take part in Independence Day violence. His warning comes a week after Kopassus members killed 10 members of the separatist Free Papua Organization (OPM), including guerilla commander Yustinus Murib. Zainal said the killings would likely lead to revenge attacks by the OPM, possibly timed to coincide with the Independence Day anniversary.

"Prior to Papua Independence Day, rebel leaders will issue circulars ordering their troops to attack police and military posts, or even public venues -- so TNI personnel must remain vigilant," he was quoted as saying by Agence France-Presse. "They may not attack large military posts, but they will likely assault small military and police posts in remote areas," he added.

Papua Governor J.P. Salossa has also ordered Papuan people to refrain from any activities that could further raise tensions in the province, such as hoisting the Morning Star flag.

Military to probe Papua claims

Associated Press - November 15, 2003

Chris Brummitt, Jakarta -- Indonesia's military promised Saturday to investigate claims that it carried out extra-judicial killings and torture in Papua province. But it warned that if the charges were not true, it would pursue legal action against the body that made them, the National Commission on Human Rights.

"We are not prepared to be slandered," military spokesman Col. Djazairi Nachrowi said. He did not specify what form of legal action the military might take.

There have been frequent charges that soldiers battling separatists in Indonesia's easternmost province were guilty of extra-judicial killings and other abuses. The National Commission on Human Rights is state-funded but independent of the government. In the past, it has angered the military by alleging it committed rights abuses in Aceh, another province that is wracked by separatist violence.

On Friday, commission member Safroedin Bahar alleged that troops killed seven Papuans and forcible evacuated some 7,000 others from the Wamena district in central Papua in 2001. The soldiers were said to have been searching for the killers of two soldiers in the area. He also alleged paramilitary policemen killed three villagers in 2001 in the Wasior district after rebels killed six officers guarding a logging concern there. Bahar said the commission would launch further investigations into both incidents. Those findings could be used as evidence in human rights tribunals.

Abuses by the country's poorly trained and underfunded military in Aceh and Papua fuel separatist sentiment in both provinces, which are rich in natural resources but remain desperately poor. Indonesia occupied Papua, a former Dutch colony on the western side of Papua New Guinea island, in 1963.

In November 2001, seven soldiers were found guilty in the murder of Papuan independence leader Theys Eluay, who advocated a peaceful secessionist struggle. They were sentenced to between two and three years in prison.

Komnas accuses TNI of abuses in Papua

Jakarta Post - November 15, 2003

Fabiola Desy Unidjaja, Jakarta -- The National Commission on Human Rights (Komnas HAM) said on Friday that based on preliminary findings the Indonesian military (TNI) committed gross abuses in Papua in 2001 and 2003, and says it is launching a legal probe into the incidents.

Sa'afroedin Bahar, head of Komnas HAM's Papua investigation team, said after a meeting with President Megawati Soekarnoputri that the team would look into the possible gross rights abuses by TNI and police in Wasior in 2001 and Wamena regency in 2003.

"There were extra judicial killings and torture by military and police personnel," Sa'afroedin said in a press conference here Friday.

The inquiry would be led by Anshari Thayib, also a member of the rights commission. According to Sa'afroedin, TNI personnel tortured 48 people, killed seven and forcibly evacuated some 7,000 residents in Wamena between April and June 2003.

The incidents took place during raids by the Army after alleged Free Papua Movement (OPM) members broke into a TNI armory in Wamena regency on April 4, 2003, and escaped with 29 riffles.

Meanwhile in Wasior regency, 16 people were tortured, three killed and dozens of homes were burned down by police during raids carried out after six troopers from the police's paramilitary force, the Mobile Brigade (Brimob), who were guarding a logging company were killed by a group of Papuan rebels.

The troopers' killings took place on June 13, 2001, and the raids were launched in the surrounding areas immediately after the incident and lasted for more than two months.

"We got indications [of abuses] after our meetings with witnesses and victims during our preliminary probe from September 8 through September 15," Sa'afroedin said.

He said the commission had informed President Megawati about its plan to investigate the incidents during Friday's meeting and asked the government to assist it with the inquiry.

During the meeting, President Megawati was accompanied by Coordinating Minister of Political and Security Affairs Susilo Bambang Yudhoyono, Minister of Justice and Human Rights Yusril Ihza Mahendra, and National Police chief Gen. Da'i Bachtiar.

"We will summon possible suspects, whose names we already have. We have asked the government to support the probe," Sa'afroedin said.

"We had a good discussion with the government side. Please note that we do not hate the military, but we need to find the perpetrators of these sort of cases," he added.

Under the Law No. 39 on human rights tribunals, the commission's findings can be used as evidence before a rights tribunal. Commenting on the Komnas HAM plan, senior security minister Susilo said rights abuses by soldiers "cannot be justified" even if they were only doing their jobs.

In an apparent contradiction, he also said, however, that rights abuses in conflict areas such as Papua and Aceh were "unavoidable."

"In conflict areas such as in Papua or in Aceh ... it cannot be avoided that there are clashes and action taken beyond acceptable levels, including human rights violations. However, that cannot be legitimized," Susilo said.

He expressed the hope that the team would not immediately jump to conclusions that human rights abuses had taking place in the incidents that were probed by the commission.

"Some cases are merely criminal cases that can be handled by conventional courts, rather than a human rights tribunal," he said.

The OPM has waged a sporadic low-level revolt since Indonesia took control of Papua, a mountainous jungle-clad territory, from the Dutch in 1963. A controversial UN-organized plebiscite in 1969 of leaders of the local population resulted in a decision to join Indonesia.

Papuans commemorate death of Theys

Jakarta Post - November 12, 2003

Nethy Dharma Somba, Jayapura -- Members of the Papuan Presidium Council (PDP) commemorated here on Tuesday the death of former charismatic PDP chairman Theys Hiyo Eluay, who was killed two years ago by Indonesian military personnel.

The anniversary, which was held under tight surveillance by the police, took place in the grounds of Theys' house in the Jayapura area of Sentani.

The function took place on Tuesday morning after a large number of PDP members and Theys' relatives had traveled to Entrop, some 45 kilometers from Jayapura, to hold a prayer service at a memorial park there where the killing of Theys took place two years ago.

They also visited the Sentani Memorial Park, where Theys is buried. Later they returned to Theys' house for a prayer service organized by Theys' family and the PDP. The service was led by the Rev. Chris Warow and was attended by some 200 PDP members, including representatives of a number of Papuan tribes.

The situation was tense, with dozens of uniformed and plainclothes police personnel, including Sr. Comr. Slamet Sopandi, the Papua Provincial Police's intelligence chief, watching from nearby.

The Morning Star flag, which symbolizes the independence of Papua, was seen hoisted at half staff in front of the house. But, the police do not intervene in order to prevent the situation from turning ugly.

The police imposed tight security for fear that the crowd could turn ugly, and fuel tension in the province ahead of "Papua Independence Day" on December 1.

Theys was murdered by a number of soldiers from the Army's elite Army's Special Forces (Kopassus) in the Entrop area, after he attended a Heroes' Day celebration at the Kopassus headquarters in the Hamadi area on November 10, 2001. The remains of Theys were found a day later in Entrop, but Aristoteles, his driver, is still missing. The seven Kopassus soldiers were tried and convicted. All received extremely light sentences, however, of between 24 and 42 months in jail.

For the Indonesian government, Theys was tantamount to a traitor, but for PDP members, he was a true hero, said Vorkorus Yaboisembut, the chief of the Mamberamo Tami tribe.

"He has fought for the rights of Papuans," he said in a speech to the crowd.

Vorkorus shared the same concern as Theys that Papuans remained poor and backward, although their province was blessed with abundant wealth and natural resources.

Vorkorus called on Papuans to continue Theys' struggle in order to improve the life of Papuans. But, he added that it should be peaceful.

Separately, Minister of Home Affairs Hari Sabarno called on Papuans not to celebrate the Independence Day of Papua, which falls on December 1.

"We would suggest that they don't do it. But, if they insist on doing it, they should do it at home or in a restrained manner. There are other people in Papua who may disagree with the celebration of Papuan Independence Day," he said in Jakarta, as quoted by Antara.

The statement came a day after local government and military authorities in Papua -- the governor of Papua and the Trikora military commander overseeing Papua, banned Papuans from celebrating Papuan Independence Day on December 1.

Gag Island under threat

Green Left Weekly - December 10, 2003

Jason MacLeod -- Abdul Teng is in his element. Teng is here to talk about his home, Gag Island in violence-ridden West Papua, the scene of a four-decade-long struggle for independence. The 56-square kilometre island is located 150km north-west of Sorong, one of hundreds of islets that make up the Raja Ampat Archipelago. And it is here, in a place that leading marine biologists believe to be "the heart of global marine bio- diversity", that mining multinational BHP Billiton is planning an open-pit nickel mine.

Teng talks animatedly about his time working for the company during its exploration phase and his hopes that the mine may soon be operational. When questioned about the company's record on the environment, Teng looks reflective, smiles, pulls back on his clove cigarette, and tells a story.

"One time a big snake came into our village. Everybody was running around in a panic. We all wanted to kill it, but one of the Australian men who worked for the company wouldn't let us. He made us catch the snake, put it in a sack and carry it to the forest where we released it.

"Also whenever we travelled on the company's boat we weren't allowed to throw our cigarette butts into the ocean. All the workers had to put out their smokes in the ashtrays provided. So you see, this is definitely a company that respects the environment."

Teng hasn't heard of Ok Tedi. He doesn't know that the same company that encouraged him not to throw cigarette butts into the ocean also pumped 80,000 tons of toxic tailings daily into the Fly River. The tailings sucked the life out of the Fly and destroyed the livelihood of those who depended on it. Self- sufficient communities are now reliant on compensation payments to buy tinned fish. Once flourishing rainforest and sago palms along the Fly River stand dead, their bony remains pointing skyward from under a blanket of tailings.

Meanwhile, the company has walked away and in a widely criticised deal, left the Papua New Guinea government to pick up the pieces. The profits are privatised, but the debt -- a damaged environment and the clean-up costs -- has been socialised. And local people have paid the heaviest price.

This hasn't happened yet on Gag. But it could. Gag Island is part of West Papua, a resource-rich territory on the western rim of the Pacific Ocean. It is a Melanesian nation in waiting, currently occupied by Indonesia. Formerly a Dutch colony, it came under Indonesian control after a widely condemned and fraudulent referendum for self-determination known as the 1969 Act of Free Choice.

Advised and assisted by the United Nations, which participated in and sanctioned the process, the government of Indonesia press- ganged 1022 tribal elders, less than 1% of the population, to vote for integration with Indonesia, or have their tongues cut out.

Gag Island is an underwater paradise. Raja Ampat Archipelago is believed to contain the greatest marine bio-diversity worldwide. A 2003 study by a UNESCO expedition, covering 61,200 square kilometers of the Raja Ampat Archipelago, found 1065 new fish species and an incredible 64% of the world's total coral diversity. The archipelago is being considered by UNESCO for world heritage listing. Gag Island also sits on top of the world's largest seam of nickel.

BHP Billiton began exploration in 1995 and signed a contract of work in 1998. However, operations were stalled after the Indonesian government enacted Forestry Law No. 41 in 1999, which prevented open cut mining in protected forests. This legislation included Gag, offering vital environmental protection to its world-class reefs.

Since then the mine has been held in care and abeyance. Nonetheless Ian Wood, former environmental manager for the Ok Tedi mine and one of the men responsible for the Gag Island nickel mine, says that "it is a project that the company would ultimately like to see come to fruition".

If mining operations do go ahead as planned, up to three-quarters of the total landmass of the island will be turned into an open- pit mine. Mining would continue for up to 20 years and extract up to 33,000 metric tons of nickel from the 660,000 metric tons of rock dug out of Gag. Wood explained that the company favours "submarine tailings disposal", a practice outlawed in Australia and condemned by environmentalists worldwide. This practice, hard to reconcile with BHP Billiton's much lauded public policy of "zero-harm" to the environment, has been described by the company's chairperson Don Argus, as "an integral part of what the company does."

Disregarding the area's world heritage values, BHP Billiton has enlisted the support of the Australian government to overturn the protected forest legislation on Gag. Although the Australian government is normally reticent to be seen to be meddling in Indonesia's domestic affairs, especially in regards to West Papua, a special departmental position has been set up within the Australian embassy in Jakarta to lobby the Indonesian government on behalf of Australian mining companies.

Australian foreign minister Alexander Downer has publicly admitted that former Australian ambassador to Indonesia Richard Smith personally lobbied key Indonesian ministers, parliamentarians and senior officials from the Indonesian Department of Forests on behalf of BHP Billiton and other Australian mining companies. He was trying to pressure the Indonesian government to change legislation to allow open-pit mining in protected forests.

Yet at the BHP Billiton annual general meeting in London and then again in Melbourne, Argus disingenuously denied knowledge of the Australian government pressure.

A few weeks ago, I returned to West Papua to meet an indigenous Papuan woman from the Beteuw tribe, which she claims is the original custodian of Gag. Over the last few years, this woman and her husband have traversed the length and breadth of the Indonesian archipelago seeking to resolve their land claim, and the weariness of it all shows on their faces.

"Everybody on Gag knows who owns the land", she insists, backing it up by saying that when BHP Billiton paid Rp 439,000,000 compensation to the villagers of Gambir, these villagers -- who she claims are all migrants from the neighbouring North Maluku -- independently paid the Beteuw people Rp.30,000,000 in recognition of their prior existing land rights over Gag Island. "If the migrants living on Gag acknowledge and respect us", ask the Beteuw, "why can't BHP Billiton?" Community leaders from neighbouring islands, and fisher folk dependent on the ocean for their livelihood, know little about the proposed mine, and nothing about the company's plans to dump toxic tailings in the ocean.

One exasperated independence leader I secretly met in Sorong said that "mining corporations have brought nothing to West Papua but increased militarism and environmental destruction." Most indigenous West Papuans living in island communities surrounding Gag, however, don't have the liberty to speak freely about their aspirations. Many local people told me that they feared any opposition to the mine might be interpreted as support for independence.

It is not hard to understand their fears. Around the enormous Freeport-Rio Tinto gold and copper mine in West Papua, the company pays the Indonesian military to provide security. The military have targeted local communities opposed to the mine on the pretext that they are pro-independence. The result: killings, detention without trial, torture, the destruction of homes and food gardens, hunger, and a legacy of deep distrust and collective trauma.

Resource extractive industries in West Papua are often used as a base to wage military operations and solidify the military's economic base.

As the political situation in West Papua deteriorates, as long- term West Papua watchers expect it will, many civil society leaders fear that the huge influx of money created by the project could be a lightening rod for deep-seated tensions that could be exploited by the military. "To put an end to these dynamics of destruction and violence", says leading West Papuan human rights activist, John Rumbiak from Elsham -- the Institute for the Study and Advocacy of Human Rights in West Papua, "the international community, particularly international investors, must, first and foremost, recognise indigenous communities' basic rights to chart their own development paths, to manage their own resources, to pursue their traditional livelihoods and cultures, and to say 'no' to multinational operations on their lands. The failure to respect communities' basic right to 'just say no' exists at the heart of the nexus of human rights violations, environmental degradation and conflict."

Given BHP Billiton's refusal to rule out the use of submarine tailings disposal; its lack of security policy; endemic corruption in Indonesia; and the fact that local communities haven't been fully informed of the project -- one can't help wondering if the company has learnt anything at all from its reckless misadventures at Ok Tedi. For the sake of local communities, the people of West Papua and a stunning marine environment, I hope I'm wrong.

[Jason MacLeod is an activist and researcher with the Australia West Papua Association.]

Democratic struggle

Protesters slam moves for Aceh, Papua

Jakarta Post - November 11, 2003

Tiarma Siboro and Teuku Agam Muzakkir, Jakarta/Lhokseumawe -- Hundreds of protesters from the country's two troubled provinces took to the streets on Saturday to demand for an end to martial law in Aceh and attempts to partition Papua.

Under the watchful eyes of hundreds of police and intelligence officers, the protesters marched from the Hotel Indonesia traffic circle to the United Nations representative office on Jl. M.H. Thamrin in Central Jakarta, where they voiced their demands for referendums in Aceh and Papua.

Two secessionist movements, the Free Aceh Movement (GAM) and the Free Papua Movement (OPM), have been fighting for the independence of their respective provinces since the 1970s. Over 10,000 people, mostly civilians, have been killed since then.

The protesters, most of them were attired in colorful traditional garb, also expressed their opposition to the holding of the 2004 general election in Aceh, arguing that it would be far from democratic if Jakarta failed to lift martial law, which was imposed on May 19, 2003.

They also carried banners with slogans such as "Stop the military operation", "Return to dialog with international mediators", "More civilians than rebels have been killed", and "Stop the partition of Papua province."

"What we need is a self-determination referendum instead of general elections. With violence and abuses taking place every day, we, the civilian victims, demand that the administration of Megawati [Soekarnoputri] and Hamzah Has lift martial law in Aceh," shouted M. Nazir from the Poor People's Democratic Struggle (PDRM) organization.

"Look at this building ... this is a place where the people, claim to be pro-peace, but they have turned a deaf ear to our demands," said Nazir, pointing his finger at the United Nations building.

From the UN building the protesters moved on the Office of the Coordinating Minister for Political and Security Affairs, where they made a brief stop before heading toward the presidential palace.

"We, the Papuan people, came today to show our solidarity with our brothers and sisters in Aceh. We came here because we know how it feels to face military brutality. Megawati and Hamzah Haz must listen to our voice because they have failed to stop violence in Papua and Aceh," Hans Gebze, a Papuan activist, said.

Indonesia is facing a sporadic, low-level armed separatist movement in Papua. The government decision to divide the province into three has drawn a strong rejection from most Papuans, who believe that the move is part of the government's divide and rule strategy.

The government decided to extend martial law in Aceh for another six months on Thursday, admitting that GAM rebels remained strong despite almost six months of virtual military rule.

The military claims it has killed at least 1,000 suspected GAM rebels since May, while 47 soldiers and 16 policemen have died in the operation.

The National Commission on Human Rights (Komnas HAM) said last week that the so-called integrated operation in Aceh had killed 319 civilians and injured 117 others. It also said that 108 civilians were had gone missing.

Meanwhile, Aceh military spokesman Lt. Col. A. Yani Basuki claimed on Saturday that GAM rebels had kidnapped the head of Lhok Sialang village in South Aceh.

2004 elections

PDI Perjuangan enlists actors as legislative candidates

Jakarta Post - November 12, 2003

Fabiola Desy Unidjaja, Jakarta -- Beleaguered by the unpopular policies that prompted many of its cadres to join other parties, the Indonesian Democratic Party of Struggle (PDI Perjuangan) has enlisted actors and actresses as its legislative candidates in the upcoming elections.

PDI Perjuangan deputy secretary general Pramono Anung Wibowo said on Tuesday that Desy Ratnasari, Marissa Haque, Deddy Sutomo and renowned singer Franky Sahilatua were on the list of PDI Perjuangan's candidates vying for seats in the House of Representatives.

"We have confirmed their readiness to join PDI Perjuangan's legislative candidates. They all say that they are willing to be on the list," said Promono.

PDI Perjuangan, which garnered around 34 million votes to win the 1999 general election, is headed by President Megawati Soekarnoputri.

The celebrities could not be contacted for comments on Tuesday.

The recruitment of the actors and actress is part of the party's attempts to win the country's first ever direct presidential election in 2004.

PDI Perjuangan, which garnered 35 percent of the votes to win the 1999 elections, has come under public scrutiny following controversial policies, including the decision to reelect Sutiyoso as Jakarta's governor. Megawati's lackluster performance has also raised doubts concerning PDI Perjuangan's chances in the upcoming elections.

According to Pramono, the celebrity candidates were nominated by party branches. Desy was nominated by Sukabumi regency in West Java and Marissa by the Jakarta chapter, he said. "We will order them highly to ensure their elections," Pramono said after attending the party's weekly meeting led by chairperson Megawati.

The party will enlist around 1,100 legislative candidates in numerical order for the upcoming elections. Only those with the top numbers will enjoy the possibility of being elected into the House.

In recent times it has become the trend for political parties to enlist actors and actresses as vote-getters for the elections.

The National Awakening Party (PKB) announced actresses Rieke Dyah Pitaloka and Ayu Azhari as candidates, while Golkar Party announced Nurul Arifin.

Sources say that PDI Perjuangan is also considering recruiting noted actress Sophia Latjuba. Pramono also said that the party was inviting researchers and academics, such as Rizal Mallarangeng, to be on the list.

"These names purely come from our branches, although the central executive board has 40 percent of the authority to appoint the candidates", Pramono said. He claimed that the list also included Muslim preachers and retired military personnel.

Another deputy secretary general Mangara Siahaan said that the party also would comply with the 30 percent quota for female candidates. "We put our female candidates at the top of the list to ensure their election. We proudly say that maybe we will be the only party to fulfill the quota," Mangara said.

The final list of the candidates will be announced during the party's national meeting on November 18 in Surabaya, Pramono disclosed.

ICG warns of private militia threats

Jakarta Post - November 10, 2003

Fabiola Desy Unidjaja, Jakarta -- The Indonesian government has no other choice but to disband the many civilian security and militia groups to prevent conflicts ahead of the 2004 elections, an international think tank group says.

The Brussels-based International Crisis Group (ICG) said in its latest report released over the weekend that the presence of civilian guards served to weaken the police's credibility and undermine the state as the final guarantor of security.

"The trick is to encourage the disbanding of these organizations without jeopardizing freedom of association," ICG Southeast Asia Project director Sidney Jones said in the group's report released following deadly clashes between such security units from the Indonesian Democratic Party of Struggle and the Golkar Party in Bali on October 25 and 26, which claimed two lives.

She said it would help if police capability could be improved so people would no longer have to rely on such groups that have either ethnic, religious or political affiliations. "These private security forces often exacerbate, rather than reduce, security problems, especially when they are linked to particular religious, ethnic or political groups," she stressed.

In its report entitled "The Perils of Private Security in Indonesia: Guards and Militias on Bali and Lombok", ICG focused on the guards and militias on those two islands, which it said had become "increasingly involved in extortion and violence to the detriment of legal and political reform in both provinces" in the past five years.

During the tenure of former president Abdurrahman Wahid, members of civilian guards apparently affiliated with Nahdlatul Ulama (NU), formed a "death force" to fight the move to oust Abdurrahhan, who is a former NU chairman. Violence erupted in East Java ahead of Abdurrahman's dismissal in 2001, but did not escalate beyond a few minor skirmishes.

In Bali, the report said, the traditional guards, or pecalang have taken on, at times, a security role, most recently with the post-October 12 atmosphere, they have been intimidating non- Balinese who have taken up residence. They have also been a police partner as well as having a political role as the protector of President Megawati Soekarnoputri, the chairperson of PDI Perjuangan. Bali has been known as one of the strongholds of her party.

While on Lombok, traditional religious leaders, or Tuan Guru, have their own private militias, which have turned into a protection force for political candidates.

"While their standing has ebbed and flowed, they are likely to gain in influence in the run up to the 2004 election as political parties rely on them to help with mass mobilization campaigns," the report said.

The government has either long turned a blind eye to, or overtly encouraged the establishment of civilian security units, which began to mushroom after the reform movement in 1998 and the fall of strongman Soeharto.

The shift of security authority from the military to the police also causes "the absence of order" in the country as the police are not yet ready to take on such a responsibility, ICG said.

Indonesia, a sprawling nation with around 210 million people, has about 200,000 police officers and 300,000 military personnel.

Citing the lack of police personnel and their limited capability to deal with various security problems during the reform era, Megawati, during the celebration of National Police Day on July 1, encouraged the establishment of civilian guards. She said it was the constitutional right of the people, especially those living in conflict areas to defend themselves and their property.

However, the Indonesian Military (TNI) chief Gen. Endriartono Sutarto and Coordinating Minister for Political and Security Affairs Susilo Bambang Yudhoyono said that these groups of civilian guards should be disbanded as they were of no service to the country. Following the clashes in Bali, Susilo renewed his calls for the civilian guards to be put in order.

'Parties start charging legislator candidates'

Jakarta Post - November 10, 2003

Moch. N. Kurniawan and ID Nugroho, Jakarta/Surabaya -- An independent election watchdog has alleged that some political parties are charging legislator hopefuls administrative fees of up to Rp 16 million (US$1,900).

Independent Committee for Election Monitoring (KIPP) executive Pipit Rochiyat Kartawidjaja said on Saturday the fees were being used to finance the parties' campaigns for the 2004 elections.

"This is a dilemma because if those candidates get elected, they will feel they have the right to corrupt at least the equivalent of the amount they contributed to the parties," Pipit said.

He said the ruling Indonesian Democratic Party for Struggle (PDI Perjuangan), Golkar, the National Awakening Party (PKB) and the National Mandate Party (PAN) were requiring legislator aspirants to pay millions of rupiah.

For example, the PAN branch in Deli Serdang, North Sumatra, is charging the party's regency and municipality legislative candidates an administrative fee of Rp 16 million, Pipit said. In other regencies, PAN is asking its legislative candidates to pay Rp 7 million, he said.

PDI Perjuangan, Golkar and the PKB are charging their legislative candidates Rp 1.5 million administrative fees, he said.

Pipit said Golkar charged candidates between Rp 200 million and Rp 300 million to get a position near the top of the list for provincial legislative councils.

For the House of Representatives, Golkar requires hopefuls to pay Rp 400 million to secure a top position on the party's list of House legislative candidates, he said.

The secretary of the Golkar faction in the House, Yahya Zaini, acknowledged that some parties were charging administrative fees but denied that Golkar was involved in the practice.

"We are still considering whether or not to impose an administrative fee following a proposal from our regional offices," he said. Yahya said these fees were acceptable as long as they did not affect the party's decision on which legislative candidates to field.

Indonesia will hold a legislative election on April 5, 2004, and a presidential election on July 5, with the runoff election to be held on September 20 if necessary.

Separately, PDI Perjuangan secretary-general Sutjipto said incumbent legislators should offer financial support to the party for their renomination in next year's elections.

"There should be a meeting to decide the amount legislators should donate," he said in Surabaya. "Otherwise, the legislators will be perceived as thankless members of the party. Many own a number of cars that they would not have been able to afford had they not been legislators." However, he said this did not mean that only the rich could be become PDI Perjuangan legislators.

Golkar exploiting clash with PDI-P as campaign issue

Straits Times - November 10, 2003

Robert Go, Jakarta -- Indonesia's second-largest political party, Golkar, is working behind the scenes to turn the recent deadly clash between its cadres and supporters of President Megawati Sukarnoputri's Indonesian Democratic Party -- Struggle (PDI-P) into a long-running campaign issue.

The clash, dubbed the Buleleng incident, occured on October 26 when a PDI-P mob attacked a Golkar campaign office in Buleleng, Bali, killing two Golkar cadres.

Golkar chairman and parliament Speaker Akbar Tandjung said such incidents "cannot be tolerated" and urged party members to "defend themselves in any way they can" in the future.

Campaign violence has often occurred in Indonesia, but Buleleng may have long-term repercussions.

Golkar has taken legal steps to keep the case alive, and to potentially use it against PDI-P, its biggest rival, in next year's elections. The party has formed a formidable legal team led by former attorney-general Marzuki Darusman.

The team's job is to monitor the progress of police investigations and court prosecution against those who led the attack. So far, the police have questioned nearly 40 people who are thought to be involved in the case. At least six face charges, including murder charges.

MP Ade Komaruddin, a deputy chairman of Golkar's faction in parliament, told The Straits Times: "This case should be processed using legal channels, for now. Whoever committed anarchy should be prosecuted to the full extent of the law." He added that the police should not stop at investigating what happened at the scene of the clash, but also explore the possibility that provocateurs, including from PDI-P's senior ranks, had been responsible in mobilising the mob.

"Depending on that investigation's outcome, we may ask for formal apologies from selected individuals from PDI-P, or from the party as a whole." Mr Ade and other Golkar legislators did not rule out the filing of civil lawsuits against PDI-P at some later stage, including when the campaign race heats up early next year.

The basic point, said political observers, is that Golkar sees Buleleng as a way of embarrassing PDI-P, which collected more votes in the last general election held in 1999. The strategy may work well for the party, particularly with voters who have not yet firmly made up their minds about their choices.

Mr Arbi Sanit, a political observer at the University of Indonesia, said: "PDI-P has a tendency to use its cadres to intimidate and attack its political rivals. That strategy may have worked in the last election. Golkar may want to highlight incidents such as Buleleng to convince voters that it is a more modern and open party, and one that has been victimised, especially by PDI-P." Mr Ade said: "We are confident that voters are mature enough, that our democracy is mature enough now. Voters should see violence as a bad tactic to use during elections, and make their choices by how different parties actually conduct a political, not physical, campaign."

Corruption/collusion/nepotism

BNI scam may lead to political war

Jakarta Post - November 12, 2003

Dadan Wijaksana and Kurniawan Hari, Jakarta -- While at first it was deemed solely a run-of-the-mill scam confined to the banking sector, the Bank Negara Indonesia (BNI) scandal has now taken on a political dimension, which could lead to a brutal political war ahead of the 2004 elections, a top political analyst said.

Ikrar Nusa Bakti, a researcher at the Indonesian Institute of Sciences (LIPI), said on Tuesday that if recent responses to the whole affair were any indication, the case was being used by one party to discredit another, with no side bothering to fix the root of the problem itself -- corruption.

"We should not let the leaders of parties make use of these corruption cases to increase their bargaining position, or as tools to attack and destroy other parties.

"If this happens, the outcome will be a political compromise, not a legal solution," Ikrar told The Jakarta Post, adding that it would further deteriorate public confidence in political parties.

"I think we should all wait for the police investigation to finish. Anyone who is found guilty -- be it businessmen, state officials or politicians -- then they must be punished," he added.

He was responding to rising reports linking the massive loan scam with efforts by a political party to rake in as much cash as possible for their election campaigns next year. This week allegations have been reported that the case could involve one of the top presidential candidates associated with the Golkar party, the country's second largest. Chairman Akbar Tandjung was the first to come out and clearly state he was not involved.

However, many local media groups have reportedly alleged that Coordinating Minister for People's Welfare Jusuf Kalla, Gen.(ret) Wiranto, businessman Fadel Mohammad could have received funds from people involved in the case. While Fadel serves as one of Golkar's treasurers, Kalla and Wiranto are two of the party's seven presidential candidates.

No clear evidence has been made official by the police so far, but that has not stopped the flow of unofficial allegations.

Smita Notosusanto, director of Center for Electoral Reform (Cetro) agreed that the current trend in the BNI scandal could lead to a fierce political war ahead of the elections. "Actually, this kind of thing also happened in the past election. This is mostly because there is no clear regulation on fund-raising mechanisms for political parties," Smita said.

While many welcomed the revelations, some also questioned why the BNI case was unveiled at relatively the same time with the emergence of reports of suspicious transactions involving one of the sons of President Megawati Soekarnoputri, who also chairs the Indonesian Democratic Party of Struggle (PDI-Perjuangan). Megawati's son is close to winning a no-bid contract to build housing complex on state land in Kemayoran, Central Jakarta.

State Minister of State Enterprises Laksamana Sukardi, a senior member of PDI-Perjuangan, has asked the police to press ahead with its investigations, hinting at his disappointment over the police's seriousness in cracking down on the BNI case.

Such speculation and intrigue has given rise to suggestions that the current trend could be a political tit-for-tat between major parties.

Meanwhile, National Police Chief Gen. Da'i Bachtiar said on Tuesday that the police had blocked 29 bank accounts belonging to companies and individuals linked to the Rp 1.7 trillion BNI loan scandal.

Speaking at a hearing with House of Representatives' Commission II for security, law and home affairs, Da'i said that the national police had also confiscated US$238,000 in cash and documents relating to the case. The Police had also detained eight people so far.

Da'i added that his investigators had so far found no indication of a connection between the BNI scandal and the seven Golkar presidential candidates.

Right leaders deplore threats to ICW

Jakarta Post - November 10, 2003

Kurniawan Hari, Jakarta -- Legal and human rights leaders deplored a threat by two civilian security groups, who are apparently linked with Minister of Manpower and Transmigration Jacob Nuwa Wea, to occupy the office of Indonesian Corruption Watch (ICW), after the watchdog apparently angered the minister.

The rights activists also urged the National Police to take action and to protect the anti-corruption campaigners.

"It is the responsibility of the National Police to protect the office of ICW," Solahuddin Wahid from the National Commission on Human Rights (Komnas HAM) told The Jakarta Post here on Sunday.

He said the public could not be allowed to resort to violent action in response to criticism. If someone considers a criticism to be a form of defamation, then he or she should file the case a court law, he added.

Fellow rights campaigner Hendardi from the Indonesian Legal Aid and Human Rights Association (PBHI) joined the chorus of condemnation against the threats by the minister's people, saying it simply showed their disrespect of the law.

Nuwa Wea's supporters threatened on Saturday to occupy the ICW office in South Jakarta after giving the corruption watchdog an ultimatum that it must apologize to the minister within three days or else. The group, claiming to be from the Banteng Jakarta (Jakarta Bulls) and Eksponen 27 Juli (July 27 Figures) was apparently enraged by ICW, which said that an investigation based on public reports it conducted had found that instead of holding a transparent screening process for insurance firms to cater to the needs of migrant workers, the minister had personally appointed five insurance firms, as part of the government policy to provide a special insurance scheme for migrant workers.

The two groups, who are closely affiliated with President Megawati Soekarnoputri's Indonesian Democratic Party of Struggle (PDI Perjuangan), to which Nuwa Wea belongs, accused the watchdog of slandering Nuwa Wea with its finding. Nuwa Wea has denied the allegation.

The situation came to head when ICW deputy coordinator Danang Widoyoko said earlier that he planned to report the minister to the police after the enraged minister grabbed him, hit him in the head and heaped coarse language upon him at the end of a Metro TV talk show, wherein Danang had revealed in front of the live television audience on Wednesday about the alleged insurance scam.

"They [Nuwa Wea's guards] must not make such threats. It contradicts all existing laws," Solahuddin said. He said if the National Police refused to protect ICW, such intimidation and thuggery would hamper freedom of expression.

He urged the minister to tell the two groups to back off, and refrain from taking the law into their own hands. Hendardi concurred, saying the police must take immediate action to deal with intimidation from private security units.

He recalled similar incidents in the recent past, including the attack on the office of Tempo magazine by the private security unit affiliated with businessman Tomy Winata and the attack on the office of the Commission for Missing Persons and Victims of Violence (Kontras) by a private group of military veteran's relatives.

Hendardi said that such gangster-like intimidation could readily be ordered by people with power or money in their hands. "Acts of intimidation by one group against others will only weaken our legal system. If citizens do not respect the law, it will lead the nation to downfall," he said.

In its recent report, the International Crisis Group recommended the disbandment of all civilian auxiliary and private security militias as they often exacerbate, rather than allay, political tension, especially as the country will have elections in 2004.

Human rights/law

Legal Aid Institute struggles with financial woes

Jakarta Post - November 10, 2003

M. Taufiqurrahman, Jakarta -- Samani, a man in his late 40s, works as a night guard at the Jakarta Legal Aid Institute (LBH Jakarta). He had always received his Rp 1 million salary on time, until three months ago when the institute's management told him that they had to cut his pay by 20 percent due to financial constraints.

To make ends meet, Samani has to moonlight as an ojek (motorcycle taxi) driver during the day. Even when the LBH Jakarta paid him in full this month, he still continues to cruise the streets for passengers as he feels insecure with the possible salary cut in the future.

Samani told The Jakarta Post on Sunday that seven of his colleagues were asked to resign three months ago, also due to financial problems.

The night guard is one of the LBH Jakarta employees who has had to weather financial woes after a number of foreign donors stopped channeling funds to the entirely private, non- governmental organization, the Indonesian Legal Aid Institute Foundation (YLBHI), to which the LBH Jakarta is affiliated, in December 2001.

Analysts said that the foreign donors stopped the money because YLBHI co-founder Adnan Buyung Nasution was criticized by legal and human rights activists for his decision to defend military generals accused of their involvement in the 1999 atrocities in East Timor.

The financial constraints have forced YLBHI, which was once dubbed "the engine of democracy" during its heyday, to cut the funding for its 14 branches nationwide including LBH Jakarta.

Its 14 branches used to split a total budget of Rp 500 million (about US$60,000) per month for operational costs. At present, the foundation is only able to raise Rp 35 million per month that must be divided up for the branches.

In order to survive, the LBH Jakarta cut the salaries of directors by 50 percent and staff by 20 percent. As a result, many of its people resigned. Currently, the LBH Jakarta has nine lawyers and six legal assistants to handle the bulk of legal problems from justice seekers.

Last year, the institute handled 1,338 cases, and this year, as of October, it has recorded over 1,000 cases.

LBH Jakarta director Uli Parulian Sihombing told the Post that the financial problems suffered by the institute have yet to subside.

"Negotiations with new foreign donors are still underway but it's still too premature to say if they will come through. Meanwhile, local donors have been contributing, although in relatively small numbers," he said.

Uli said that since September this year, the LBH Jakarta has so far collected Rp 15 million from local donors who channel their funds through Bank Mandiri Taman Ismail Marzuki (TIM) branch with account number 123-00-0300674-1 and Rp 10 million from its constituents of blue collar workers, street vendors and other groups categorized as urban poor.

"The figures are far from adequate to cover our operational costs which reach Rp 25 million per month," Uli said.

Consequently, the LBH Jakarta will be more selective in dealing with cases. "However, we strive to seek justice for marginalized people even if we won't get paid," he said. Each person or group only needs to pay Rp 10,000 registration fee when they file for a lawsuit.

Most of LBH's clients, not only in Jakarta, are low-income people.

Reconciliation & justice

Tanjung Prok witnesses withdraw statements

Jakarta Post - November 12, 2003

Jakarta -- Two witnesses of the bloody 1984 Tanjung Priok incident withdrew on Tuesday their written and signed statements in the dossier against defendant Maj. Gen. (ret) Pranowo.

Syarifudin Rambe and Ahmad Safi said in their testimonies during the trial of Pranowo on Tuesday that they did not suffer torture other than "just casual beatings" during their detention prior to and following the bloody incident. Investigations carried out by the National Commission on Human Rights (Komnas HAM) revealed that 33 civilians were killed and 55 others injured in the shooting.

They said that their statements in the dossier were "emotionally-charged", and that they "now regret them".

Previously, Rambe, who also gave his testimony during the trial of Col. Sutrisno Mascung and 10 of his men on Monday, said that he had been tortured during his detention.

Rambe and Safi were two of the four Tanjung Priok residents arrested at the district military compound prior to the September 12, 1984 incident.

They were arrested for allegedly burning a soldier's motorcycle. The arrest, however, only increased the anger of the local residents, who were already irked by the soldier's previous acts of desecrating a small mosque in the area. Protests demanding their release finally culminated in the incident, when soldiers guarding the compound opened fire at the protesting crowd.

The two are also proponents and signatories of the "islah" (Islamic reconciliation settlement) between 87 representatives of families of the victims and army officers related to it, including Gen. (ret) Try Sutrisno, who was then chief of the Jakarta military.

Reconciliation bill 'must not be retroactive'

Jakarta Post - November 12, 2003

Kurniawan Hari, Jakarta -- Irked by allegations of involvement in numerous human rights abuses, spokesmen from the Indonesian Military (TNI) expressed on Tuesday their opposition to a truth and reconciliation commission.

Speaking at a hearing with the House of Representatives special committee drafting the truth and reconciliation commission bill, TNI Commander Gen. Endriartono Sutarto said past mistakes should not be charged under laws that would come into effect later. "According to universal practices, no law can be applied retroactively," Endriartono explained to the lawmakers.

TNI has also questioned the principle of retroactivity adopted in Law No. 26/2000 on establishment of a human rights court which has seen some of its officers found guilty of involvement in atrocities in East Timor in 1999. Currently, another set of trials is underway for the Tanjung Priok bloodshed of 1984.

Using similar reasoning, they blocked the National Commission of Human Rights' summonses for questioning of officers implicated in incidents in Jakarta known as the Trisakti and Semanggi tragedies in 1998 and 1999, in which several student protesters were shot dead.

The House is deliberating on the formation of the truth commission, which would have the task of settling past human rights violations via investigations and reconciliation meetings between the perpetrators and victims and/or their relatives. The lawmakers have agreed on the principle of retroactivity, but remain undecided on the extent of the period the commission will cover.

Also speaking at the hearing was Ermaya Suradinata, the head of the National Resilience Institute (Lemhannas). Unlike Endriartono, Ermaya suggested that the truth and reconciliation bill should clearly state from which point the human rights violations could be settled through reconciliation.

Responding to the suggestion, chairman of the committee Sidharto Danusubroto, said ideally the legislation could apply to all human rights abuses that had taken place since the country's independence on August 17, 1945. In the previous hearing, Minister of Foreign Affairs Hassan Wirayuda had said the truth and reconciliation commission should only go back 30 years, thereby ruling out further investigations into the alleged coup in 1965 and the massive bloodletting that followed.

Only 20 of the 50-member committee were present at Tuesday's hearing, and only five of those seemed to be actively engaged in the debate.

Sidharto expressed his optimism that the truth and reconciliation bill would be completed before the current House members' tenure expired in August next year. The bill was mandated by the People's Consultative Assembly (MPR) in a decree issued in 2000.

It is intended to settle human rights violations that have not been brought to a close by the current legal system. It is expected that the perpetrators or witnesses testifying before the commission will apologize to the victims and offer compensation.

Focus on Jakarta

Squatters under overpass wave free clinic goodbye

Jakarta Post - November 12, 2003

Dewi Santoso, Jakarta -- In less than two months, dozens of squatters living under a section of Pluit-Cawang overpass toll road in North Jakarta will not only lose their makeshift tents but their access to free healthcare as well.

The area where the migrants have been staying for years will be demolished by the municipal administration as part of the Jakarta government's policy to evict illegal settlers occupying state land, bridge tunnels or areas under overpasses.

For the past two years the squatters have been receiving medical care at the Kartini Free Health Clinic run by twin sisters, Sri Rossiati, better known as Rossi, and Sri Irianingsih, also known as Rian.

The two housewives also operate a free health clinic near the Bantargebang dump site in Bekasi, West Java. some 30 kilometers east of Jakarta. The clinic in Bekasi was built in 2000.

Access to healthcare for everybody is one of the government's targets under the National Health System (SKN) to be launched by President Megawati Soekarnoputri on Wednesday, in conjunction with National Health Day celebrations.

Under the system, poor people will be provided with free medical services -- as long as they hold health cards, which cannot be obtained unless they posses identity cards.

The Kartini health clinic does not discriminate against those who do not have ID cards. Every Monday or Saturday some 20 people seek treatment in the modest 7 meter by 10 meter clinic constructed from plywood. The clinic opens at 9 a.m. and does not close until everybody is examined and treated.

"It opens once a week, either on Monday or Saturday, depending on the availability of the volunteer doctors," Rossi said. The clinic provides treatments for minor illnesses, such as colds, skin rashes and paratyphoid -- all at no cost.

"I have all kinds of drugs, patented and generic, which I buy from Pramuka market," Rossi said, referring to the center for retail drugs on Jl. Pramuka in Central Jakarta.

The medical workers who examine the patients and prescribe medication are interns from the Atma Jaya University and the Indonesian Christian University.

"I just asked professors at those universities if there were any interns to help me at the clinic, and they said 'yes'," Rossi recalled.

As for the number of interns serving the poor, Rossi said that would depend on the situation. "Once, we had 15 interns help us do free circumcisions," she said.

The clinic also provides family planning counseling.

Patients with tuberculosis will be referred to the Bekasi General Hospital, where they will receive free treatment by showing a recommendation letter signed by Rossi or Rian.

Some of the squatters said they went to Rossi's clinic as they could not afford to pay the medical fees at a nearby community health center (Puskesmas).

The Jakarta Gubernatorial Decree No. 266/2000 stipulates that general treatment, dental, maternal and children's healthcare, and birth control at a Puskesmas should cost only Rp 2,000 (23 US cent) per treatment, medicine included. Yet, in reality, the cost is often much higher.

Ani, a mother of two children, said that she had been to a Puskesmas once and was asked to pay quite a large amount of money. "I went there once to get treatment for a fever, and I had to pay Rp 20,000 (US$2.35), plus another Rp 3,000 for registration," she said, adding that she did not qualify for healthcare under the SKN because she had no Jakarta ID.

But a member of staff at the Pluit subdistrict Puskesmas denied the complaints, saying that the health center had always complied with the gubernatorial decree.

The Kartini clinic is solely financed by Rossi and Rian, without support from the government. "It cost us Rp 30 million to build this clinic. We also spend our money on drugs, which cost us between Rp 1 million and Rp 2 million per month," Rossi said, adding some private donors had helped them.

She said she had no plans to form a non-governmental organization to operate their health clinic. "I don't want to beg for money. If they [the government] want to donate, then we'll accept the donation. If they don't, then we'll manage on our own just like we've always done," said Rossi.

The sisters, who also run a free school for the poor, have been actively involved in healthcare services since 1997. They started their humanitarian mission by distributing vitamins and over-the-counter remedies to homeless people living under bridges in different parts of Jakarta from Ancol and Pluit in North Jakarta, to Tambora in West Jakarta, and Bantargebang. They ran the clinic from their van which they had modified.

In 2000, they bought one shipping container and received a private donation of eight shipping containers filled with medical and surgical equipment from concerned donors. The twins used this equipment to set up their first free clinic in Bantargebang.

"It's cheaper to use the containers than to build a permanent place. I spent Rp 25 million for one container, which already included an air conditioner," Rossi told The Jakarta Post. Besides which, she said, if another eviction was to be carried out she could just move the containers to another place.

The clinic in Bantargebang was inaugurated by then health minister Sujudi, who appointed the Bekasi Hospital to provide free healthcare to those referred to it by Rossi.

With the eviction of squatters living under the Pluit-Cawang toll road overpass imminent, Rossi and Rian said they would continue their mission. "This will all be gone and I'll just have to go back to using my van like before," Rossi said.

News & issues

Why Indonesians distrust the US

Far Eastern Economic Review - November 13, 2003

Sidney Jones (Dow Jones Newswires) -- Indonesians are not happy with the war against terrorism, despite the success of their police in fighting it, primarily because they don't trust the United States government and don't want to be part of a US-led campaign.

The distrust of the US is not just a result of the Bush administration's foreign policy in the Middle East, though that is part of it. "The US has demonstrated a double standard in responding to terrorism in the Israel-Palestine conflict," said an October 22 editorial in Kompas, Jakarta's leading newspaper, "and there's no question that it generally associates terror with Islam."

But many Indonesians also think that for all the talk about partnership and cooperation in the "war," the US just takes without giving anything back. Its refusal thus far to grant Indonesian police access to detained Jemaah Islamiah leader Riduan Isamuddin, or Hambali, is one example. (During his fleeting visit to Bali, President George W. Bush promised access at some indeterminate future date, but that is not good enough.)

There's also the perception that Indonesians can't win -- no matter how many terrorists they arrest, the US is still going to punish them for human-rights violations of the past or find some other excuse for not giving them credit. "In terms of respect for human rights and respect for national sovereignty," the Kompas editorial asked, "isn't the attitude of the US towards Iraq worse than Indonesian policy towards East Timor?"

Many Indonesians believe that the US focus on terrorism is pushing everything else off the agenda. Another leading Jakarta newspaper, Koran Tempo, carried an editorial on the eve of Bush's visit, urging Indonesian religious leaders who were going to meet the president to tell him that the country had other pressing needs: "We have a whole warehouse of problems: poverty, corruption, foreign debt, the credibility of our legal system and a difficult transition to democracy. These problems aren't getting enough attention because so much of our energy is being diverted to terrorism, and terrorism in the end is being encouraged by the arrogant attitude of America itself."

These strongly negative attitudes toward the US colour how Indonesians in general, and politicians in particular, see Jemaah Islamiah. The home-grown terrorist organization believed responsible for the Bali and Marriott bombings, and perhaps the recent shootings in Poso in central Sulawesi as well, has not been banned, and many members of the political elite remain unwilling to acknowledge its existence. One public reason is that the term jemaah islamiah is a generic term meaning "Islamic community," and that applying it to a terrorist organization is offensive to many Muslims.

There is also a concern across the Muslim community that one consequence of banning JI could be an assault on pesantrens, Indonesia's Muslim boarding schools, simply because of the role a tiny handful of these have played in JI recruitment.

But another key reason why mainstream Muslim leaders and politicians have difficulty admitting in public that JI is a terrorist organization is because of a widespread view that the US is the real terrorist, and nothing JI has done compares with the devastation that "America and its lackeys" have inflicted on the Muslim world.

Many moderates don't condone the indiscriminate killing of civilians, but they explain it, with some sympathy, as the tactic of groups that see themselves as fighting terror, not perpetrating it. Suicide bombs, whether in Tel Aviv or Jakarta, are the weapon of the weak, they say, against an infinitely stronger foe.

No amount of US public diplomacy or new assistance is going to change the deep antipathy in Indonesia towards American policies in the Middle East. Stepping up aid for Indonesian education, for example, is a desirable aim in itself, but it will not reduce unease about US motives. Indeed, to the extent that new assistance is linked to the war on terrorism, that unease is likely to grow.

What to do? The US should ensure quick access to Hambali and assist Indonesian police as necessary with the gathering of evidence that will allow him to be tried in an Indonesian court. However weak the legal system, the trials of terror suspects thus far have been speedy, fair and transparent, which is more than can be said of the US.

But Indonesia also needs a few courageous politicians willing to say that whatever people think of the war on terrorism and US policies, there's a serious problem at home that needs more attention -- and the name of that problem is Jemaah Islamiah. Despite the efforts of the police, the public still needs convincing, and Indonesians, not Americans, are the only ones who can make the case.

[The writer is based in Jakarta as Southeast Asia Director for the International Crisis Group.]

Environment

Study links Bahorok flood to illegal logging

Jakarta Post - November 10, 2003

Muninggar Sri Saraswati, Medan -- An investigation by the Leuser Management Unit (UML) concluded over the weekend that the recent flash flood that swept through a North Sumatran resort town, which claimed hundreds of lives, was an indirect result of the rampant deforestation of Mount Leuser National Park.

The UML is a European Union-funded organization comprising environmentalists and government institutions for the preservation of the Leuser ecosystem.

The conclusion was made following an analysis of video footage taken at Bukit Lawang resort several days after the incident and a topographical map of Langkat regency covering 250,000 hectares of forest areas.

The forests in the regency belong to the 950,000 hectare National Park, most of which is located in the southeastern part of Aceh province.

The footage, taken early on Monday, revealed dozens of landslides upstream of the Bahorok River, which flows through Bahorok town on the slopes of Mount Leuser.

The mud from the landslides had flowed across several hills, located at an altitude of between 1,200 to 2,000 meters above sea level. Thousands of trees had toppled along the riverbank and into the river.

The mud and trees had created dozens of small dams and several large dams. UML advisor Mike Griffiths said the dams had blocked the river and it was likely that they could no longer hold back the water when heavy rains fell upstream of the Bahorok River a day before the flash flood.

The North Sumatra Meteorology and Geophysics Agency (BMG) recorded 66 millimeters of rainfall on Saturday, two millimeters on Sunday and nine millimeters on Monday. It had warned of possible heavy rains at the beginning of the rainy season. Griffiths warned of the possibility of similar flooding recurring in the area.

There are more than 150 tributaries that flow into the Bahorok River. All of the rivers in the upper side are located in Aceh.

The National Park mainly consists of steep, almost inaccessible montane forests. However, illegal loggers have poached and deforested several areas in the park.

UML spokesman Deny Purba said over the weekend that some 42,000 hectares of the park in Langkat regency was now barren land, most of which was located 50 kilometers or so above Bukit Lawang resort.

It is estimated that 50 percent of the deforested area, or critical land, is the result of illegal logging. The other 50 percent is a consequence of illegal occupation of the land by Acehnese refugees who fled to the park following the political turmoil of 1999-2001.

The illegal logging is mostly carried out by local people who sell the timber to a wood and pulp company owned by a notorious businessman, he added. "The company lends bulldozers and chain saws to poach trees inside the park," he said.

It is common knowledge among locals that the businessman -- whose name Deny declined to disclose -- has close ties with local security and administration officials, including councillors.

The businessman, who started his business in the 1990s, is also known to smuggle oil, and has often been nabbed by police for his illegal activities. However, he always managed to escape prosecution due to his relationship with influential local figures, Deny added.

He said the critical land was located in the same river basin of the Bahorok River -- the Wampu river basin -- that was hit by the flash flood last Sunday.

Bambang Hero Saharjo, a forestry expert at the Bogor Institute of Agriculture, explained that the disaster was an indirect result of the partial destruction of the Leuser ecosystem.

"The soil is not stable and shifts incrementally, invisibly. The destruction of a particular location within a single ecosystem will harm other parts of the ecosystem," he said, pointing out that the Leuser ecosystem had porous soil and steep hills, which raised the potential for flooding.

He explained that "the poor soil from the barren land above Bukit Lawang spread to the resort area and weakened the tree roots in Bukit Lawang".

"People always mistakenly think that a natural disaster has nothing to do with the destruction of forests by man," said Bambang, who often testifies as an expert witness in forest destruction cases.

Bambang repeatedly warned that the Leuser ecosystem, just like any other ecosystem in the world, could not withstand deforestation, no matter how minimal. "The Bahorok tragedy teaches us that nature can no longer bear human exploitation. We can do nothing against the anger of nature."

Health & education

Life's a never ending misery for Sumaryono

Jakarta Post - November 12, 2003

M. Taufiqurrahman, Jakarta -- The tragic tale of Sumaryono -- a young man who had been living with part of his intestinal tract protruding through an abdominal incision due to apparent malpractice -- exemplified the poor's lack of access to professional medical service in the capital.

After a generous donor came to his aid, it seemed his story might end happily ever after. Instead, it has taken on another heartbreaking turn as he has now been denied his right to shelter.

His pending release on Wednesday from St. Carolus Hospital, Central Jakarta, is not good news for him, as he is now literally homeless after his three-meter-square rented hut on the bank of the West Flood Canal in Tanah Abang, Central Jakarta, was bulldozed by Public Order officers only a day after he was admitted to the hospital.

Jatmanto, a neighbor who lived close to Sumaryono's former rental house, said on Tuesday that the hut had been demolished to give way for a river dredging project by the City Public Works Agency.

"Sumaryono's hut was the last to be demolished in the land clearing drive, because residents informed the officers that the hut belonged to someone who was very ill. All shanties on the riverbank were already destroyed and his was the very last," he told The Jakarta Post.

Jatmanto said the hut was one of many shanties that had been built on land allegedly belonging to the Flood Command Project (Koppro Banjir). Only piles of debris and broken wooden beams were left on the land where the shantytown once stood.

Sumaryono's mother, Iis Suwarti, told the Post at the hospital that she had no idea where her son would stay after his release from the hospital. Iis currently lives with a relative in Kebayoran, South Jakarta, after their rented hut was torn down.

"I'll probably rent a room at a boardinghouse close to the hospital so he can go for his follow-up treatment," she said. Her son will need to undergo outpatient care over the next two weeks.

The anonymous donor, who paid all of Sumaryono's medical bills, had also offered to pay the rent for the room.

It is said she intended to take her son back to her home village in Cibarusah, Sumedang, West Java, once he was fully recovered.

"It's better for him to live away from this city," she said. Last month, Sumaryono's story made headlines after his neighbors reported his horrific condition to the police, who then contacted the press.

Moved by the coverage, an anonymous donor came to his aid, and Sumaryono was admitted to St. Carolus Hospital. On October 23, he went into surgery and doctors removed tumors on his internal organs and operated to "fix all the mess" around the incision from the earlier, botched and incomplete surgery.

Sumaryono was placed under postoperative observation for 10 days to ensure there were no complications. A hospital official said the cost for the surgery reached Rp 27 million (US$3,176).

Because of his impoverished state, Sumaryono had suffered for five months in severe pain with part of his intestines hanging out of an open incision, after "medical" treatment at city-run Tarakan Hospital, Central Jakarta.

Initially, he had gone to the hospital for what was thought to be an appendix problem, but doctors found a tumor and decided to operate. However, they did not finish suturing the surgical incision and discharged Sumaryono without any medication and without arranging any follow-up treatment, as he and his mother could not pay the Rp 2.8 million medical bill.

The same doctor who carried out the operation later referred Sumaryono to Cipto Mangunkusumo General Hospital (RSCM), Central Jakarta, for follow-up treatment. This hospital, however, refused even to admit him, most likely because he carried a letter from the subdistrict office that declared his status as impoverished.

International relations

US edged out as China woos Indonesia

Asia Times - November 13, 2003

Keith Andrew Bettinger, Washington -- The unilateralism and anti-terror policies of the United States are increasingly damaging its relations with the largest Muslim nation in the world, Indonesia, where many view the "war on terror" as anti- Islam. Meanwhile, China is quietly moving closer to the archipelago.

Many observers have suggested that Indonesia, as a moderate Muslim nation, could play a greater role in US-led actions by providing peacekeepers to operations associated with the "war on terror", thereby adding legitimacy and decreasing the casualties in situations such as postwar Iraq. However, US policies are causing domestic difficulties for moderate Muslim states. This, coupled with the rise of China and improving relations between that country and Indonesia, could be a harbinger of a new regional power and an alternative to the US-led global order.

From an Indonesian perspective, China has always posed the most serious threat to regional security. This stems from the perception that Beijing supported the failed coup by the Indonesian Communist Party in 1965, an allegation it has always denied. When the Suharto regime came to power, one of its first actions was to sever relations with China. During this time Indonesia's wealthy Chinese minority suffered attacks, scapegoating, and an official persecution of its heritage, including the outlawing of Chinese characters.

Although the relationship has been bumpy since Indonesian independence, the situation has improved since ties were normalized in 1990. The 1999 election of president Abdurrahman Wahid ushered in a new era of cooperation; Wahid declared that Indonesia-China relations were a priority and made China the destination for his first official trip abroad. In 2000, a memorandum of understanding was signed in the fields of politics, economics, science and tourism, and in 2001 Indonesia became an officially sanctioned tourist destination for Chinese vacationers. The current Indonesian president, Megawati Sukarnoputri, has furthered the relationship, pledging to improve military links with Russia and China.

China seems to be employing a coherent strategy to improve ties with Indonesia. In the past, China suffered from a lack of vision in its relations with neighbors. This is in part due to its ambiguous position during the Cold War. It is also owing to the inward focus that China had for so long. Yang Jinn, counselor for the political section of the Chinese embassy in Washington, says relations between the two nations were rough in the beginning because China's foreign policy was driven by ideological considerations. However, Deng Xiaoping brought about a new pragmatism in 1979. Since the 1980s China has focused on more ad hoc, symbiotic relations. Now, "China seeks multi-layered and multifaceted relations with its neighbors", Jinn said. "The priority concern for the Chinese government is economic development for our people, so we need a stable environment and good neighborly relations and partnerships."

Thus far, Indonesia's interest in China has been limited to trade and economic issues. Indonesia has been reluctant to take initiatives outside the Association of Southeast Asian Nations (ASEAN). However, trade between the two nations has grown sharply, quadrupling from US$2 billion in 1992 to $8 billion a decade later.

There is still room for growth, though, and both nations have something to bring to the table that makes them natural partners. With a dynamic, growing economy, China expects its energy needs to increase dramatically in the future. Indonesia's massive reserves of liquefied natural gas in West Papua could help supply China's increasing needs. Indonesia has won some supply contracts, but lost a massive tender to Australia in 2001 and is looking for more business with China.

On the other hand, China's businesses are looking outward for investment opportunities, following the advice of former president Jiang Zemin to "go out". Deals have already been reached between Chinese and Indonesian firms in the fields of telecommunications and electric-power plants. Although Western investors have known for years that Indonesia has enormous growth potential, lack of infrastructure has hampered foreign direct investment.

The deals with China bring with them huge investments in infrastructure, which should improve Jakarta's prospects for the future. The Indonesian government, severely short of cash, is beginning to push this sort of private investment in infrastructure. Chinese operators have an advantage over their Western counterparts in that they have experience in the creation of telecom networks under developing-country constraints.

These increasing economic ties will inevitably lead to a greater political understanding between the two nations, decreasing regional suspicion of China and increasing its latitude in endeavors abroad. According to Marvin Ott of the National War College, "China's natural strategic ambition is to look south to a region of opportunity." Ott called China's approach to Indonesia over the past five years "a thing of beauty".

All of this means that the US stands to lose its influence in the region. "Since Vietnam, Southeast Asia has been off the map for the US strategic community," Ott said. Whereas the US has traditionally focused on global-oriented strategies, beginning with containment during the Cold War and now the "war on terror", China's ad hoc approach holds more appeal to many nations. In contrast to the apparent US view of developing nations as pawns in a geopolitical chess match, China's approach has economic benefits that a shaky government can take to its people.

In addition, there is a certain degree of political quid pro quo in bilateral relations. Jinn says China supports Indonesia's efforts to safeguard its sovereignty, as well as its campaign against "internal terror". This is very significant to Indonesia, which faces separatist challenges from Aceh and West Papua. In return, Indonesia has always held a "one China" policy, and in 2001 refused a request for an official visit by Taiwan's head of state. "Our integration is only starting," Jinn said.

China's status as a developing nation is an advantage in its relations with nations such as Indonesia, because China's level of development is on par with nations in ASEAN, making it easier to identify areas of potential partnership.

US policy, on the other hand, seems to be moving in the opposite direction. Washington has called for Beijing to revalue its currency to alleviate its trade deficit with China. This stance is drawing flak from ASEAN nations, including Indonesia, whose trade surpluses with China would be damaged by a stronger yuan. The US has been criticized for not doing enough for developing countries, creating a vacuum that China will eventually fill.

China is also seen to be more accommodating than the US. This is especially apparent in the area of human rights. Whereas Washington is especially vigilant on issues such as labor standards and human trafficking, China hasn't signed on to any international human rights protocols or agreements. While it is US law to issue annual reports on the progress of other nations, and Washington routinely threatens sanctions for perceived offenders, China has more of a "don't ask, don't tell" approach.

Lanxin Xiang, Henry Kissinger professor for international relations at the Library of Congress, says China's relations are guided by a philosophy of mutual prosperity, "get rich together" cooperation in which a rising tide lifts all boats, rather than a zero-sum game realpolitik perspective. The US has made Southeast Asia a second front in the "war on terror", and President George W Bush recently declared that nations not sharing the US commitment to democracy are no longer friends. China understands that Indonesia and ASEAN pose no strategic threat, and is seeking to build bridges regardless of political philosophies.

"The US should 'de-mustify' its relations with other countries," said James Castle, an American who has been doing business in Indonesia for years and is widely regarded as an expert on the Indonesian economy. "Other countries get tired of hearing the US say 'You must deregulate'. China doesn't say those things."

Castle also suggested that Western firms are starting to lose out on deals in Asia because they are bogged down by their dependence on contracts and rules. Asian firms, he said, are more flexible and are not crippled by a lack of clarity inherent in some business deals. They are more willing to accept risk. Castle said that Indonesia's slow pace of reform scares off many US businesses, whereas more nimble firms from China and Japan are winning big. "US business will be sidelined for the next five years in Indonesia."

What happens in the future remains to be seen. Indonesia has elections coming up in 2004, and China has a new president, Hu Jintao. However, some things are certain. China wants to be a great power, and seems to be seeking a sphere of influence in Southeast Asia. It needs resources, markets and partners. Its externally oriented policy will continue to put it into conflict with US strategic interests, which will continue to stress security and "Western values", causing backlashes within developing nations.

In pursuing better relations with its neighbors, China has placed itself in a good position vis-a-vis the US. It has a more active diplomacy, and is reinventing itself as an alternative to the US. China is becoming the nation of multilateralism. It is taking a greater role in the United Nations, and is sponsoring regional initiatives such as the Shanghai Cooperation Organization and ASEAN+3. It advocates cooperative solutions to problems such as the North Korean nuclear crisis.

China wants to open economies for mutual benefit with other nations. In an age where wealthy nations are constantly criticized for unfair trading practices and closing their markets, China is an alternative. Whereas Western nations such as the US often link economic concessions to political conditions, China has no such conditions.

Indonesia, with its massive population and clear challenges, will have to make a several choices. Will the future bring increasing cooperation with the US, which entails domestic unrest over US policies in the Middle East, or will Indonesia instead focus on economic development, seeking partnerships with nations that can improve the living standards of its people. Will Indonesia seek to counterbalance China, or rather join the camp of the giant to the north?

While the US seems content to pursue policies that alienate its allies, China is seeking to cultivate new friendships. It is perhaps indicative of the new China that in its recent foray into space, its first astronaut carried with him two flags: one the familiar red and yellow national banner, the other the blue and white of the United Nations.

[Keith Andrew Bettinger has a master's degree in international affairs from George Washington Universtiy with concentration in Asian studies.]

Economy & investment

Indonesia: How not to privatize water

Asia Times - November 14, 2003

Bill Guerin, Jakarta -- Indonesia's House of Representatives, now debating privatizing the country's water supply, should probably take a close look at the one place in the nation where water distribution is already in private hands -- Jakarta, where a comedy of errors has produced skyrocketing costs and little else.

In a country where fewer than 20 percent of its 215 million citizens have access to potable water, the need for a water- distribution disinvestment law was prompted by a 1999 aid package from the World Bank. Thus, Indonesia's so-called US$300 million Water Resources Sector Adjustment Loan meant the country must legislate private-sector involvement.

Indonesia's farmers and non-governmental organizations (NGOs), having experienced the usually deleterious effects of various other government moves to help them out, apparently have some idea of what's coming next. They have rallied several times protesting the bill, contending that some aspects will only benefit big business. At least 20 people were injured in the biggest clash with police. One NGO, the Water Coalition, has pointed out that Indonesia's constitution states that water must be controlled by the state and utilized for the welfare of the people. Several legislators have also said they want "more input from the people".

Jakarta is a case study on how not to privatize the water sector. Built by Dutch colonials in 1928, the system has simply been unable to cope with a population that has exploded to 11 million. Under the rule of the now-deposed president Suharto, in 1996, Jakarta's water system was handed over to joint-venture companies of the French firm Suez Lyonnaise des Eaux and the United Kingdom's Thames Water Overseas Ltd without public consultation or public bid because of their obligatory connections to Suharto's son Sigit Harjojudanto and the Salim Group, one of the country's biggest conglomerates, which was run by a Suharto crony, Liem Sioe Liong.

To say the system they took over was decrepit is an understatement. It is estimated that as much as 45 percent of the water it attempts to deliver leaks out before it gets to the customers. Nonetheless, since the two companies took over, the price to consumers has risen -- and risen and risen. It stands to rise some more. In March, Thames PAM Jaya (TPJ) and PT PAM Lyonnaise Jaya (Palyja), the two joint ventures, threatened to pull out of their agreement with the city's administration and PAM Jaya, the water company itself, if their demands for price increases were rejected. In April, a 40 percent increase was duly approved by city council leaders, subject to the conditions that the two operators must report to the council every three months, slash the number of expatriate employees and reduce water leakage.

Last week the UK's ambassador to Jakarta, Richard Gozney, upped the stakes even more by lobbying Vice President Hamzah Haz to push the Jakarta administration for another hike in the price of tap water. Gozney warned that if TPJ kept bleeding money it would pull out of the country.

Haz himself said later that TPJ was leaking $1.5 million a month and had lost $58 million in three years. When the joint venture originally got under way, Thames formed a local company, PT Kekar Thames Airindo, and gave Sigit, Suharto's son, 20 percent as a cost of doing business. PT Garuda Dipta Semesta was set up to cover the Salim/Suez alliance.

The city was split straight down the middle geographically, half to Thames and Sigit's PT Kekarpola Airindo, the other half to Suez and Salim. The contracts were finally signed on June 6, 1997, and Jakarta's water privatization got under way.

Just as in the UK, where Thames Water is a regional water monopoly, the raw water supply, treatment plants, delivery system, metering and billing were put in the hands of the new operators. PAM Jaya agreed to hand over its property assets and force businesses and householders to stop using private wells and buy water from the new monopoly. The foreigners agreed to pay PAM Jaya's debts, some $231 million, out of future revenues.

After Suharto was forced to step down, the consortia severed their ties with the Salim Group and Harjojudanto by buying them out. The Salim Group withdrew voluntarily. Thames claimed at the time that the cost of the buyout was "negligible".

There had been two large tariff rises in six years before the new price of Rp4,340 (49 cents) per cubic meter was set in April. This was assumed to be the last ahead of next April's general election, but the head of the city drinking-water regulatory body, Achmat Lanti, said last week that rates would be increased again early next year.

From the early 1980s, PAM Jaya has claimed that it suffered big losses due to leakage from old broken pipes, water theft, and administrative leakage from inefficiency. Two decades later, leakage is still cited as one of the major causes of the losses. Nonetheless, PAM Jaya claims to have increased its coverage from 40 percent of the city's population in 1997 to 55 percent, as well as curbing water leakage and increasing production.

The contracts required Thames and Suez to increase connections to 757,129, almost double the volume, and service 70 percent of the population in the first five years. After the five years, they were required also to reduce water leakage to 35 percent.

Palyja says it has repaired 600 of a total of 5,000 kilometers of old piping, and TPJ says it has repaired and renewed 720km of piping.

Their own figures claim that from 1998 to December 2002, Palyja has reduced water loss from 61 percent to 43.3 percent, and TPJ from 57.6 percent to 43.5 percent. But Zainal Abidin of the PAM Jaya labor union claims the level of water leakage could be much higher than these official figures.

The Indonesian Consumers Foundation (YLKI) cites continuing complaints from the public about poor service and continuing disruptions to water supplies. As YLKI points out, the fact that many residents had to rely for their water supplies on deep wells and even water vendors showed that the tap-water service was still not reliable.

The Jakarta Clean Water Regulatory Body, set up to deal with the requests for a water-tariff increase and to assess the operator's performance, claims that the joint ventures make relatively small profit margins and current water tariffs are no longer justified in light of the investments the companies have made.

Yet their total investment up to December 2002 has been only Rp1.06 trillion ($188.6 million) of Rp3 trillion they had contracted to invest under the original contract during the first five years of the 25-year profit-sharing schemes.

Water quality was to be improved to potable-water standards, but it soon became clear that there were to be no guarantees that the clean tap water they produce is potable.

Thames and Suez have blamed failure to reach projected connection targets on the 1997-98 Asian economic crisis, higher prices for imported equipment, and local employees who refused to cooperate with their foreign employers.

Others have complained that the companies' main focus was on improving the bill-collection system and shutting down illegal private wells. Financial problems, it is said, were largely of their own making. For instance, the companies rented new offices in two separate buildings in a prime business district rather than moving in with PAM Jaya. Eighty percent of the staff was seconded from PAM Jaya, where executives received the equivalent of no more than $25,000 but several top foreign executives were paid between $150,000 and $200,000 annually.

The United Nations calculates that Indonesia, with its abundant rainfall, has about 6 percent of the world's fresh-water resources, and enough water to give every person access to more than 13,000 cubic meters of water a year.

The government's stance is that developed countries must help poor countries increase their people's access to clean water as part of their global commitment. Consequently it falls back on loans and grants from these countries to help build water and sanitation infrastructure to eradicate diseases. It may need to rethink. The World Water Forum in Kyoto in March ended in failure when 100 ministers failed to achieve the forum's stated goal of delivering concrete plans to tackle water-related problems.

The role of private investment in financing water and sanitation projects drew fire from NGOs, which said it put profit before meeting human needs. A report by the World Panel on Financing Global Water Infrastructure called for investment of $100 billion a year in order to meet UN targets on water but was merely "noted" in the final document.

Sickness was given scant attention, but the World Health Organization estimates that 80 percent of all sickness in the world is attributable to unsafe and inadequate water supply and sanitation. Water-borne pathogens such as typhoid, cholera, amoebic infections, bacillary dysentery and diarrhea account for 90 percent of the 13 million child deaths each year.

In Indonesia an estimated 6.2 million will suffer diarrhea this year, mainly due to poor access to clean water, Ministry of Health water and sanitation director Hening Darpito says. Darpito says the rate of diarrheal infection is now between 25 and 29 people per 1,000 every year, way up on the earlier rate of 10 out of every 1,000.

A trifling Rp250 billion ($28.6 million) was allocated this year for the development of clean-water facilities in 1,100 villages in the country, expected to benefit up to a million people. The government acknowledges that Rp5.1 trillion ($579 million) must be spent every year until 2015 to increase clean-water supplies to 40 percent of the population.

Several developing countries, notably South Africa, Bolivia, Argentina and Panama, have also failed when trying to privatize water. The poor took the brunt, as they will in Indonesia. Nonetheless, the ink had hardly dried on the Thames/Suez contracts when the World Bank cobbled up a 120-page treatise declaring the Jakarta privatization a "likely success" and outlining how Indonesia could privatize the rest of its 300 water companies.

Half of the 1999 loan has been disbursed, but the rest of it depends on the water bill being passed into law. Privatization with little public control can be expected to lead to excessive water exploitation and higher water rates as well as limit access by farmers and urban poor to water.

As Minister of Finance Boediono candidly admits, "We hope that [privatization] will be completed this year, to finance the state budget."

In other words, with the proceeds of the sale already earmarked for the budget deficit, the chances of the World Bank money flowing into water infrastructure are pretty remote.

Opinion & analysis

Martial law in Aceh serves military well

Jakarta Post - November 12, 2003

Otto Syamsuddin Ishak, Sociologist, Jakarta -- The government has prioritized the extension of martial law over an evaluation of achievements made in the last six months. One could ask in jest: What party would most potentially be in a state of emergency after November 19, 2003? Would it be Aceh or Indonesia, or perhaps the military, in connection with the behavior of many of its personnel during the military operation?

The government arbitrarily produced a presidential decree on martial law in Aceh but has failed to follow it up with policies to solve the problem. It has, instead, decided to extend martial law, based only on the opinion of legislators and demands reportedly made by mobilized masses.

The government has virtually ignored any considerations related to the total cost that the military operation has incurred, as well as the political, economic and humanitarian risks entailed for Aceh and also for Indonesia.

Coordinating Minister for Political and Social Affairs Susilo Bambang Yudhoyono said the above decision was made in the light of a change in the guerrilla strategy adopted by the Free Aceh Movement (GAM). Lt. Gen. (ret) Kiki Syahnakri, former deputy army chief of staff, has also argued that this extension is necessary "to maintain the momentum of victory."

How significant is this victory? Does it include controlling the masses for military purposes? Unless well managed, a successful military operation under martial law would pose a threat from either the armed power of GAM or the masses, similar to what happened after the status of Aceh as a military operation region was lifted on August 7, 1998. A desire to avenge the worst impacts of the operation, for example, turned hundreds of young people into GAM supporters.

Presidential Decree No. 28/2003 was produced as a result of a series of actions to transform an amicable solution to a conflict to one that resorts to violence, as reflected in the collapse of the agreement between the government and GAM in December 2002, and the subsequent imposition of martial law.

During the imposition, the PDMD (local martial law administration) may be construed as a military junta of sorts in Nanggroe Aceh Darussalam.

The main problem is not whether the PDMD has submitted its accountability report to Jakarta, the central martial law administrator (PDMP). It is whether the officials involved in PDMP -- Cabinet ministers, chief of the State Intelligence Agency (BIN) and the chiefs of staff of the Army, Air Force and Navy -- have submitted their respective reports.

What are the positions of the regional police chief and the chief of the operational executive command within the structure of the central martial law administration? We have yet to have any public explanation about this, let alone an accountability report about the imposition of martial law from the parties that lent their political support to it, such as legislators.

The twin targets of troop deployment are to stop GAM's attempt to intensify terrorist acts, and to minimize GAM's military power. According to the government, only 25 percent of GAM's military power has been destroyed.

In law enforcement, there are two important achievements. First, the police have concluded 844 official reports of investigation. Trials in 375 cases have been completed and sentences have been handed down to various suspects, ranging from those accused of giving rice to GAM members to those serving as negotiators (noncombatants).

Second, the military has managed to transform instances of human rights violations into criminal offenses (rape) and into cases involving nondisciplinary acts (violence against civilians). Law enforcement has been applied largely to Acehnese noncombatants and lay people (relatives of GAM personnel); this has served to obscure the actual situation on the ground, in which human rights have been seriously violated.

Meanwhile the political structure stipulated in the law on special autonomy for Nanggroe Aceh Darussalam has been completely ignored. Jakarta has instead decided to keep regents and municipality heads in office, although their terms of office have expired. The martial law administration has taken over the powers of civilian district heads and given them to military officers.

The martial law administration has even worked in cooperation with the province's leadership, which is known to be corrupt. The use of the state and provincial budget in Aceh is almost without transparency. This could bring down the credibility of the central and local martial law administrations. The martial law and military operations thus have nil accountability.

In general, the six-month military operation, which has seen the deployment of some 50,000 troops at a cost of some Rp 6 trillion, has reached only 25 percent of the target. To be able to achieve complete success within the same period of time, the government would have to deploy some 200,000 troops at a cost of about Rp 24 trillion, but then the number of civilian casualties would likely be fourfold. The success rate might drop if we took into account the economic and humanitarian cost that Indonesia and Aceh would have to sustain. Scores of Indonesians now live in poverty as they have lost their livelihoods and have been forced to become refugees.

The success rate might drop even further, given the cultural cost (in relation to thousands of children being deprived of proper school facilities) and the cost of allowing the collapse of a civilian political structure brought about by the 1998 reform movement. The success of the military operation is thus limited to the capability of mobilizing people, first, to justify the collapse of the December agreement; second, to strengthen the political legitimacy of the military operations and third, to mobilize the masses to support the continued military operations.

There are thus two hypotheses on why martial law has been extended. First, the extension would ensure that the Acehnese would remain in a state of emergency. They would continue to live in uncertainty amid heightened terror, intensified kidnapping and shock therapy, all forming part of intelligence operations and warfare. In addition, they could always be mobilized to serve the goal of a particular political party and benefit the military in the upcoming general elections.

Second, if martial law were not extended, it would be the military that would be in a state of emergency, as it would have to brace itself against condemnation from victims of martial law and criticism from human rights workers both at home and abroad.

The TNI would thus lose its bargaining power in the national political arena. Thus, without martial law and its associated military operation, the TNI would lack leverage for its political maneuvers.