Aceh

Aceh groups call for repeal of civil emergency

Tempo Interactive - October 8, 2004

Jakarta -- The Acehnese Popular Democratic Resistance Front (Front Perlawanan Demokratik Rakyat Aceh, FPDRA) and the Acehnese Democratic Women's Organisation (Organisasi Perempuan Aceh Demokrati, ORPAD) are calling on the new government to repeal the state of civil emergency and withdraw all TNI (armed forces) and police troops from Aceh.

"Aceh was one of the provinces which was won by SBY [president- elect Susilo Bambang Yudhoyono] by as much as 83 per cent of the vote. The extent of SBY's [vote] is a consequence of [the Acehnese people's] disappointment with the previous government which made a lot of promises but never kept them", said FPDRA general chairperson Thamrin Ananda at the offices of the Committee for Missing Persons and Victims of Violence (Kontras) on Friday October 8.

According to Ananda the large number of votes given by Aceh to SBY represents a call on SBY to make the Aceh problem a important policy item in the first 100 days of his administration.

In the first 100 days of his administration it is hoped that the government will return Aceh to a situation of normality as it was before, without a state of civil emergency and by withdrawing TNI and police troops.

FPDRA and ORPAD are proposing a number of stages which can be undertaken by the SBY government in the first 100 days. The first stage would be to deescalate the conflict. "This stage represents a step which requires both parties to reduced armed engagements. Especially so since the government [claims] that it has already succeeded in reducing GAM's [the Free Aceh Movement] forces by 90 per cent", said Ananda. He believes that this stage is the most imprint one in order to move towards a peaceful and democratic resolution to the Aceh problem.

[Translated by James Balowski.]

President-elect asked to give top priority to Aceh abuses

Agence France Presse - October 7, 2004

Washington -- Amnesty International Wednesday urged Indonesian President-elect Susilo Bambang Yudhoyono to give top priority to ending human rights violations in the restive province of Aceh.

"This is the first test for Mr Yudhoyono when he takes office and the steps he will take on the situation in Aceh will define his presidency," said T. Kumar, the rights group's Washington-based advocacy director for Asia and Pacific.

He was speaking in conjunction with Amnesty's release of a damning report on human rights abuses committed largely by the military in the small oil-rich province in the northern tip of the Indonesian island of Sumatra.

It came a week after another group, Human Rights Watch, released findings that electric shocks, cigarette burns, beatings and other tortures were routinely used by Indonesian security forces on detainees suspected of supporting the separatist Free Aceh Movement (GAM). Indonesia's military and police have denied the torture allegations.

Amnesty said in its report that young men, even non-GAM members, were killed, tortured, ill-treated and arbitrarily detained, while women and girls were raped and subjected to other forms of sexual violence.

Trials of hundreds of individuals suspected of being members of or supporting GAM were flawed, it said, adding that some of those imprisoned may be "prisoners of conscience."

Security forces say more than 2,200 rebels have been killed since the military launched an all-out offensive against GAM in May 2003. Rights groups say many of the dead were civilians.

Rebel commander among five rebels killed in Aceh

Agence France Presse - October 7, 2004

Banda Aceh -- A rebel commander was among five guerillas killed in new violence in Indonesia's Aceh province, where the government is trying to crush an insurgency, the military said Thursday.

Soldiers shot dead the 26-year-old Free Aceh Movement district commander during a skirmish on Wednesday, said Aceh military spokesman Asep Sapari.

He said the other four rebels were killed in separate incidents over the past two days. He also accused the rebels of abducting eight people in the eastern part of the province on Tuesday. Fifteen rebels had also surrendered to the government over the past two days, he said.

No officials from the rebel group, which has fought for independence for the energy-rich province since 1976, were immediately reachable for comment.

Security forces say more than 2,200 rebels have been killed since the offensive was launched in May 2003. At that time the military put the number of guerrillas at 5,000.

Aceh conflict to be settled in three months: Puteh

Antara - October 9, 2004

Langsa -- Aceh Governor Abdullah Puteh expressed on Saturday his expectation that the armed conflict in his province would be settled soon. "I have a hunch that the armed conflict will be settled in three months time," he said.

"I base this on the fact that the security situation in Aceh is getting better while the people are more at ease and feel safer," he added.

Puteh also said that the number of Free Aceh Movement (GAM) members was dwindling, contributing to the effort to build what he described as a "safer Aceh".

"Better national security will also help greatly in restoring peace and order in Aceh. President-elect Susilo Bambang Yudhoyono will of course do his best to settle the Aceh conflict as he has traveled a lot here," he said.

He further expressed the hope that Acehnese religious leaders and prominent figures would help resolve the conflict, together with the government.

GAM rebels have been fighting for an independent Aceh since 1976. Their leaders are currently living comfortably in exile in Sweden.

Acehnese giving Susilo another chance

Jakarta Post - October 4, 2004

Saiful Mahdi, Ithaca, New York -- The people have high expectations of the popular president-in-waiting Susilo Bambang Yudhoyono, although some are skeptical of his capabilities. It is expected that he will wage an all-out war against corruption -- as he promised -- and bring about economic reform.

Foreign analysts, like Jeffrey Winters of Northwestern University, have put together a must-do agenda for Susilo. Topping their list is that he should "speak clearly about terrorists operating in Indonesia". Indeed, he has battles to fight on many fronts.

For the Acehnese, however, the presence of the Indonesian Military (TNI) in Aceh since May 19, 2003, is not a war that they want to see continued. The so-termed integrated operation has been implemented for 16 months in Aceh, and has not won the confidence of the Acehnese.

Still, with no exit strategy, the operation has been mainly militaristic. The casualties includes 1,164 victims of violence or human rights abuses -- but, only 662 civilian casualties, according to the TNI.

This figure does not include the deaths of 2,879 people, the detention of 1,798, or the surrender of 1,954 people, whom the TNI claims are members of GAM, or sympathizers. Those figures, interestingly, add up to more than 5,000, the number of armed GAM members the TNI set out to crush at the beginning of martial law. In addition, there are at least 159 casualties on the TNI side.

For the Acehnese, especially civilians, the conflict is an unbearable one. The economic and humanitarian operations that were supposed to be "integrated" into overall operations were not effective, or have been crippled by corruption.

Poverty levels have worsened in Aceh, despite trillions of rupiah budgeted under the special autonomy scheme and poured in through the integrated operation. In 2001, the poverty level was around 30.43 percent, or 1.2 million out of about 4.1 million people in the province. Before the conflict, the poverty level was "only" 26.50 percent.

Through the first and second rounds of the presidential election, the Acehnese have sent a clear message: They want drastic change in their region. They want the conflict to be settled through dialog and the rule of law, and they want the shameful corruption of local bureaucrats to be seriously addressed.

In the first round, the Acehnese voted overwhelmingly for Amien Rais, a civilian candidate whom the Acehnese may have considered reformist and less likely to resort to militaristic ways of bringing peace to Aceh. More than 56 percent of ballots cast in the province were for Amien, far more than for the incumbent, President Megawati Soekarnoputri, who received just 5.6 percent of the vote.

Megawati once pledged, in front of thousands of Acehnese, that she would not let any more blood spill in Aceh, but eventually she was the one who imposed martial law -- which for the Acehnese was but another name for war.

Curiously, she received half the votes of Wiranto (9.6 percent), a supposedly more hostile candidate for the Acehnese, due to his past in the military. In the second round, it was also no surprise that Susilo garnered an overwhelming 80 percent of the vote in the province, compared to his returns of 24 percent in the first round.

Apart from the Acehnese people's disappointment in Megawati, Susilo's popularity is rooted in his reputation as a moderate general in his time. The Acehnese may believe there is still hope with Susilo, no matter how slim.

Already, Susilo has sent positive signals for a return to dialog in Aceh. Two days after the election, he was widely quoted by the media as saying, [the conflict] "must be resolved in a fair manner and as peacefully as possibly".

His commitment, however, remains to be seen. One of his main challenges will come from a hostile legislature, in which his party, the Democratic Party, only control about 8 percent of seats. Also, as a retired military man, he faces a potentially difficult relationship with the military, due to a possible conflict of interests.

The breakdown of the peace accord between Indonesia and GAM is yet another problem. It is understandable, therefore, if GAM appears to be skeptical about the leadership change in Indonesia. But, the people of Aceh in general, as proven by their votes on election day, seem to be looking for any path toward peace in Aceh. Although not as convinced, civil society groups and non- governmental organizations are showing similar feelings.

For changes to be made through dialog, public input is necessary. But, the public must also respect whatever decisions are made and the process of the dialog itself.

The involvement of the international community is unavoidable if the dialog is to be decisive. A foreign country with limited interests perhaps, such as New Zealand, the Scandinavian countries or UN bodies, could make for a good mediator.

This is not to undermine, for example, the United States' efforts for peace in Aceh, as conveyed by its ambassador designate to Indonesia B. Lynn Pascoe in front of the Senate Committee on Foreign Relations. But some factions would be less receptive to the US Nevertheless, as the single superpower in the world, the US role remains vital in mobilizing resources for peace and democracy in Aceh and Indonesia.

All in all, Susilo has the necessary tools to realize his commitment to a peaceful resolution in Aceh. With a popular mandate in his hands, it is up to him to prove his commitment. He also has to prove whether he is a "moderate general", as suggested by his supporters; or the real architect of martial law, which justified violence in Aceh, as alleged by some rights groups.

One thing is for sure, the Acehnese are always ready to give their leaders a chance. They gave Sukarno, Soeharto, and Megawati a chance. But once promises are broken, the Acehnese will not only lose faith, but take up arms in revolt.

In the case of Susilo, given his background, the Acehnese are indeed giving him a second chance.

[The writer is the Acehnese Institute coordinator, and is currently studying Policy Analysis and Modeling at Cornell University.]

Government claims security improving in Aceh

Associated Press - October 4, 2004

Indonesia said Monday that security in war-torn Aceh province has improved because nearly 7,000 rebels have been killed or captured and most rebel strongholds seized in the past 16 months.

Home Affairs Minister Hari Sabarno said, however, that at least 2,000 rebels from the Free Aceh Movement are still roaming in four districts. Authorities originally estimated that the rebel force totaled 2,000 but they increased the number to about 8,500 after Jakarta abandoned an internationally mediated peace plan in May 2003 and launched a military operation to crush the insurgency.

"Security and political stability is conducive," Sabarno told reporters after a Cabinet meeting. "Our forces have seized and taken control of most rebel bases. But there are some who managed to get away. Some even dared to return to town but without their guns." He said security forces had killed or detained almost 7,000 rebels.

Rebel leaders were not available for comment. It is impossible to independently verify military claims about Aceh, because journalists are barred from most of the province.

Sabarno said seven villages out of an estimated 5,000 in the province were classified as "black," or under control of the rebels, and that three villages were virtually abandoned.

Human rights groups accuse the military of operating death squads in the oil- and gas-rich region on the northern tip of Sumatra island and say most victims are ordinary villagers.

Last month, the government downgraded a one-year state of martial law to a state of emergency in the province, handing authority back to a civilian administration. Still, the military continues to maintain a large presence there.

Rebels began fighting in 1976 for an independent homeland in the province of 4.3 million people.

Green activist appeals over 'unfair' verdict

Jakarta Post - October 6, 2004

Nani Afrida, Banda Aceh -- Aceh environmental activist Bestari Raden, who has been found guilty of subverting national security and public order, has vowed to challenge the court's verdict.

One of Bestari's lawyers, Nurul Ikhsan, said on Tuesday his client, who was sentenced to two years and six months in jail, had pleaded not guilty, and would keep seeking justice.

"We are going to use every possible legal means to challenge the verdict, which is unfair. Bestari is only a rights and environmental campaigner," Nurul said.

Under Indonesian law, a verdict can be appealed up to Supreme Court level. If that fails, the defendant can ask for a review of the case and seek presidential clemency.

The South Aceh District Court found Bestari, 45, guilty for his involvement with the Free Aceh Movement (GAM). The martial law administration arrested him in March on the accusation that he served as a GAM leader for the Tapak Tuan area in 2000. He has been detained since then.

GAM has refuted the allegation, saying Bestari was not a member of the movement.

Another lawyer representing Bestari, Bambang Antariksa, said the panel of judges had ignored facts presented during the trial, that showed his client was merely protesting against the controversial Ladia Galaska Highway project, which would cut through protected forest in Aceh and North Sumatra.

Bambang said prosecutors had presented witnesses who did not see Bestari commit the alleged crime themselves, but heard about it from other people. "The verdict is far from just," Bambang said.

Bestari has appointed lawyers from Aceh's Advocacy Team for Civil Society.

Bambang said his client was a civil servant, who had been committed to conservation efforts, human rights advocacy and the protection of local culture between 1999 and 2003. "The legal process against our client is politically motivated -- his past activities had nothing to do with rebellion," Bambang said.

In its verdict, the South Aceh District Court convicted Bestari under article 160 of the Criminal Code on provoking people to commit treason, which carries a maximum jail sentence of six years. Prosecutors had demanded five years in prison for Bestari.

The panel of judges said Bestari took part in a raid conducted by GAM rebels on October 8, 2002, in Lhok Kruet and Lamno villages in West Aceh regency.

The defendant was also convicted of involvement in an arson attack in 1999 on the base camp of a local timber company PT Medan Remaja Timber (MRT), which held the concession to exploit forest areas in Kubang Gajah village in South Aceh.

Bestari was arrested by local police for organizing a rally against PT MRT on allegations that the timber company had plundered protected forest. He was released after a round of interrogations, during which, he claims, he was tortured.

West Papua

Intimidation and terror to serve foreign investments

West Papua News Editorial - October 4, 2004 West Papua has never been known to the world politics, except for its rich natural resources. Many countries have contributed to various catastrophes facing the beings who live in this western half of New Guiea Island, the world's second largest island.

In September and October 2004 alone, there have been a number of reported incidents where the Indonesian army, fully trained, fully armed and equipped by the western powers have been hunting down tribal peoples who honestly and directly refuse to get along with the foreign vested interests activities in the territory.

On October 2004, in Paniai Region of Enarotali Regenci, Disctrict Obano, under the leadership of current Indonesian armed forces commander, May. Gen. Nurni Zailan MM ordered the attack on gardens, houses, villages, and the killings of animals and the peoples.

According to the report received by WPNews, five villages became targets in a recent military operations: Tipakotu, Kotomoma, Yametadi, Uakotopa, and Wiyogei.

The attack occured early morning when the army fired arms, and villagers scattered and ran to the bush due to the fear of death. Fifteen (15) people were shot on that morning alone; five people dead, and ten others are in critical condition. The five who were killed were local villagers, who were on their way to escape from the attack:

1. Yusak Pigome (Tribal Elder)
2. Elisabet Boma (Mother).
3. Rev. Yusuf Tebay (Church Elder)
4. Benny Uti (Youth)
5. Bernadus Pigai (Child)

Not only humans, but also pigs and other domesticated animals were also completely killed off as the operation went on.

On October 07, 2004, another youth from Baliem Valley by the name of Frans Oagay was killed by the Indonesian Special Forces (Kopassus), accusing him of being drunk and not controlling himself. He was killed in Hom Hom village, about one kilometres from Wamena town. He was killed by a sudden shooting from a hiding place when on the way to his home.

Meanwhile in Wamena, some 2 hours to fly from Obano District, two tribespersons who were suspected as the "rebels" (even though they were actually innocent) were brought to the court and sentenced for 15 and 20 years imprisonment. Both Yerenggy Murib and Jigi Jigibalom were charged without any convinving proof of their crime. The lawyers assisting the two prisoners are preparing to challenge the decision.

Some weeks before that, on 14 September 2004, two people in Ilu District of Puncak Jaya Regency (half way between Wamena and Obano) were both shot dead. While the daughter of the church elder Elis Tabuni is in a critical condition due to the shooting in the village. She has been shot on her right ear and the bullet went out to her face. Her father died on the spot.

The killings, intimidatin and terror in West Papua have been systematically carried out by the Indonesian army and police without any pressures from the international communities who claim to be promoting and protecting human rights and fighting for democracy.

Radio Netherlands reported on 3 September 2004 that the Indonesian army has carried out systematic arrests, intimdation, terrorism and killings all over the territory of West Papua. The Indonesian National Commussion on Human Rights reported to the Radio Nederland that these brutalities have been fully sponsored by the state.

The Commission furthermore outlined that the violations of human rights in West Papua is categorised as a gross violation, and state-crime against humanity.

It also demanded the Attorney General to form a Special Judiciary Committee to further investigate the Commission's finding and to bring those perpetrators to justice.

However, WPNews is not in a position to believe that such a demand will be fulfilled. The killers of Papuan peoples so far have been regarded by Indonesian nationalists as the heroes of the state. The killer of Theys Eluay on 11 NOvember 2001 for example was sentenced only for 3 years, while others were released as they were regarded as heroes.

Recently, Theys' killing was in fact related to the biggest logging operations in West Papua, owned by the Indonesian military, PT Hanurata. In fact his corpse was thrown out nearby the headquarter of the company, West Koya, before the border between West Papua and East Papua (PNG).

The fate of his driver, Aris Masoka has never been known so far. His parents are still requesting the military to give an explanation but there has never been a response from the army.

The kiilings, intimidation and terror in West Papua are carried out by at leat four state-apparatuses: (1) the Indonesian Speial Forces (Kopassus); (2) The Indonesian organic and non-organic troops, (3) The Indonesian militia, and (4) the military-backed Laskar Jihad, related to the Jemaah Islamiyah and other radical islamic groups in Indonesia.

All of them are fully trained, funded, equipped and supported by the interests on the rich natural resources in the region. The Papuans now already know, that the killers of the Papuan peoples are not really the military machines of Indonesia, but the multinationals and foreign powers who want their resources and who are not interested in the nature, the environment and humanity. Those who search for and plunder the nature and killing our planet earth are accountable for what is happening now in West Papua.

'War on terrorism'

Terrorism links in Indonesia point to military

Asia Times - October 7, 2004

Gary LaMoshi, Denpasar -- Last month's bombing of the Australian Embassy in Jakarta and next week's anniversary of the 2002 bombings in Bali are reminders of the serious terrorism threat in the world's largest predominantly Muslim nation. The victory of former general Susilo Bambang Yudhoyono as Indonesia's first directly elected president raises hopes of tougher moves against terror, based on his resume as a former security minister who oversaw counter-terrorism efforts and his military background.

It also raises issues of military reform. Some believe Yudhoyono has the ability to reform the Indonesian armed forces, despite his military ties; others say he did practically nothing in this regard during his three years as security and defense minister.

Yudhoyono's election will likely accelerate US efforts to renew its partnership with Indonesia's armed forces and rescind its ban on military aid because of human-rights abuses, convinced as it is that the military is a key part of any terrorism solution. Yet that belief requires ignoring evidence that the military encouraged radical religious violence largely responsible for creating Indonesia's terrorism problem.

The top authority on terrorism in Indonesia is weary of providing answers. In response to an e-mail query about links between Indonesia's military and terrorism, Sidney Jones of the International Crisis Group (ICG) wrote, "Sorry, but there are so many things wrong in the way you outline your assumptions that it would take too long to correct before going on to comments." Those assumptions consign people looking for direct links to a group Jones dismisses as "conspiracy theorists", even though ICG's own research identifies numerous Indonesian military links to terrorist violence.

Certainly, there's no evidence that military personnel planted the Bali bombs, but there's no doubt it planted the seeds that produced those bombers and their successors. Radical Islam may provide the motivation for terrorism, but Indonesia's armed forces repeatedly supplied the opportunity and means.

Dwi fungsi

Violence against civilians for political purposes has long been part of Indonesia's military arsenal. Under the dwi fungsi (dual function) doctrine of former president Suharto's New Order, the army played a vital role in politics in addition to national defense. At the top, staff officers such as Yudhoyono played leading policy roles. Down the line, territorial commands acted as local political enforcers for the authoritarian regime, coercing people into supporting Suharto's iron-fisted leadership. Sometimes soldiers themselves terrorized civilians, and sometimes they outsourced, generally to secular thugs, as in East Timor.

But the military also has used Islamic radicals for political purposes. At the dawn of military rule in 1965, the junta tapped Muslim organizations to help kill hundreds of thousands of alleged communists. Suharto subsequently suppressed Islam except in its mildest forms to prevent religious figures from challenging his authority. Before the 1977 elections, generals duped radical Muslims into reviving the militia group Darul Islam. The regime then arrested leaders of the revival to discredit the Islamic political party.

The crackdown and trials continued through the 1982 election. Suharto resigned in disgrace in 1998 after security forces shot unarmed demonstrators, then failed to quell subsequent rioting in Jakarta's Chinatown that left hundreds dead. (There's been no credible investigation into allegations that Suharto's military instigated those riots, one of many conspiracy theories popular in Indonesia.) Elections in June 1999 produced a reformist president, Abdurrahman Wahid, who tried to curb the armed forces' political influence.

Coincidentally, there was a surge of violence around the archipelago from which the military (TNI, for Tentara Nasional Indonesia) stood to benefit both politically -- as guardian of national stability -- and materially, by supplying arms to combatants and collecting protection money from affected civilians and businesses. Radical Islamic thugs even were recruited into graft wars between police and the military, which had been under the same command during the Suharto era. Groups such as the Islamic Defenders Front denounced vice then ransacked nightspots that failed to pay off their uniformed sponsors. White-robed vigilantes smashing liquor bottles garnered extensive media coverage, but no punishment, helping to establish a climate that made religious violence seem not just acceptable but attractive and even heroic.

Friends of Laksar Jihad

ICG and other sources found military links galore in clashes between Christians and Muslims in Central Sulawesi and the Malukus that began in 1999 and killed thousands. Islamic militia group Laksar Jihad received military training and supplies as it recruited thousands of warriors for the Muslim side, expanding and escalating local skirmishes. Top military commanders ignored presidential orders to stop jihadis and arms from reaching conflict zones.

Jemaah Islamiya (JI), the allegedly al-Qaeda-linked group blamed for the bombings in Bali, the Jakarta Marriott in August 2003 and the Australian Embassy last month, also used the Malukus as a proving ground for its own fighters, much as al-Qaeda's key members gained battlefield experience fighting the Soviets in Afghanistan.

ICG and other experts, such as Simmons College Professor Zachary Abuza, insist there were no links between the Laksar Jihad and JI militias in the Malukus and Central Sulawesi, and therefore conclude there was no link between JI and the TNI. That argument misses the point. The military stoked communal conflicts that created fertile ground for the growth of radical Islam in general and JI in particular. Abuza concedes: "TNI may have turned a blind eye to them [JI], but these are sins of omission rather than commission." Without the military's acquiescence, JI would not have gained its foothold in Indonesia.

In addition to intensified sectarian strife, Indonesia suffered repeated bombings during Wahid's term. Many blasts preceded Suharto's scheduled court appearances on corruption charges that were ultimately dropped because of his alleged poor health. A September 2000 car bomb at the Jakarta Stock Exchange killed 15. Arrests nabbed only minor figures, including two members of the military's elite Kopassus commandos.

Scary Christmas

On Christmas Eve 2000, bombers targeted 38 churches and priests in 11 cities across the archipelago, killing 19 people (including some clumsy bombers) and wounding 120. ICG detailed JI connections to the plot in a December 2002 report. ICG also uncovered apparent links to armed forces in Medan, North Sumatra, where local JI and TNI forces clashed with separatist rebels from GAM (Gerakan Aceh Merdeka, or Free Aceh Movement) in neighboring Aceh. After running though various possible explanations, ICG's report concluded: But it is hard to avoid the suspicion that someone in the armed forces must have known that at least the Medan part [of the Christmas Eve bombing plot] was in the works ... ICG believes that if operational structure of the Medan bombings can be uncovered, the truth between the grenade attack on the Malaysian Embassy of 27 August 2000 and the 13 September 2000 bombing of the Jakarta Stock Exchange -- both attributed to GAM -- may come to light.

GAM denied any role in those plots, and there's been no conclusive investigation into those cases. But ICG changed its tune. So did TNI.

After the Bali bombs killed 202, most of them Western tourists, military leaders tried to stuff the radical Islam genie back into the bottle. Within days, Laksar Jihad announced it would withdraw its jihadis and disband. Military transport ships conveniently arrived to remove thousands of Islamic fighters from the Malukus. Since the outsiders' withdrawal, religious fighting still flares sporadically, but it's short-lived, with casualties in the handfuls, not the hundreds.

Before and during the US-led invasion of Afghanistan in 2001, the US Embassy in Jakarta was the site of large, violent protests. Radical Islamic groups threatened to "sweep" Westerners out of the country, and sound trucks rolled around expatriate enclaves in Jakarta broadcasting these threats. Since the Bali bombing, the US-led invasion of Iraq and subsequent occupation there have been only a few quiet protests and no public threats against Westerners. The muted reaction doesn't reflect changes in public opinion. A US government survey found that more than 60% of Indonesians had a favorable view of the United States in early 2002; a year later, protesters stayed home, even though favorable responses had plummeted to 15%.

The change that really matters is that the authorities no longer tolerate leaders of violent Muslim fringe groups issuing threats and acting with impunity. JI's alleged spiritual leader Abu Bakar Ba'asyir was arrested just after the Bali bombing and has remained in jail since.

The Bali tragedy wasn't all that changed TNI's outlook. Wahid was impeached in July 2001. Even though his successor Megawati Sukarnoputri was the leading figure of reform, and her father, founding president Sukarno, had been ousted and humiliated by Suharto and the military, she proved a compliant and cooperative figure for New Order holdovers. So the military lost its motivation for destabilizing the country.

The blast at Jakarta's Marriott Hotel in August last year and the embassy bombing, two days ahead of the third anniversary of the September 11, 2001, attacks and 11 days before the runoff to decide July's presidential election, indicate that radical Islamic forces in Indonesia have become strong enough to withstand the loss of military tolerance and patronage.

There may be more coincidence than evidence linking Indonesia's military to terrorists. But sticklers for direct links should consider this: approximately 300 deaths attributed to JI operations in Indonesia are a tiny fraction of the civilian death toll at the hands of TNI and its minions since 1999. Fighting terrorism in Indonesia must begin with identifying the real threat, instead of ignoring it or, worse, blindly trying to renew aid to the military without insisting on reforms.

[Gary LaMoshi, a longtime editor of investor rights advocate eRaider.com, has also contributed to Slate and Salon.com. He has worked as a broadcast producer and as a print writer and editor in the United States and Asia. He moved to Hong Kong in 1995 and now splits his time between there and Indonesia.]

2004 elections

From Fort Benning to Indonesian presidency

Daily Times (Pakistan) - October 9, 2004

Farish A Noor -- Bambang managed to persuade most of the voters that he could restore calm and stability to the country. A long- time ally and friend of the US, he was touted as the man who could bring about Indonesia's recovery and improve the country's relationship with the West. Rights groups and the liberal press have expressed concerns about his links to the armed forces and the New Order regime

It is odd, to say the least, how so many of the "moderate" faces of Islam that are beloved of Washington these days happen to be former soldiers trained in the United States courtesy of the "benevolent patronage" of Uncle Sam! The latest saviour of moderate Islam is none other than General Susilo Bambang Yudhoyono, a graduate of Forts Benning, Bragg and Leavenworth, and now president of Indonesia.

Bambang's military career began as soon as he left high school. In 1970 he enrolled at the Academy of the Armed Forces of the Indonesian Republic (Akabri). Three years later (in 1973) he graduated with the highest honours among all students in the country. This earned him the Adhi Makasaya award of academic merit from Akabri. From there he began his military career, as a promising young officer noted for his academic abilities and personal discipline.

Having distinguished himself as the most promising military cadet of his year, Bambang was selected for further education and training both within the country and abroad, particularly in the United States. During the New Order regime (1967-1998) of General-turned-President Soeharto, America invested heavily into the Indonesian state and economy. So did Israel and some European allies. Both America and Israel were instrumental in the training and development of key Indonesian security units such as the Indonesian Intelligence Service (BIN) and the country's elite commando unit, Kopassus. Young officers who demonstrated promise and ability were regularly sent abroad for further training in the USA. Bambang was one of them.

In 1976 he took part in the US Airborne and Rangers course at Fort Benning, Georgia, at the same time attending a language course at Lackland, Texas.

In 1982-83 he took part in the Infantry Officer's Advanced Course at Fort Benning, graduating with honours. I 1983 he took part in the Jungle Warfare Training course in Panama. In 1984 he participated in the Anti-tank Weapons course that was conducted in Belgium and Germany. Besides academic studies and training he also took part in 'on the job' training with the 82nd US Airborne Division at Fort Bragg (in 1983). Bambang's working relationship with the USA continued well into the 1990s. In 1990-91 he was at the Command and General Staff College at Fort Leavenworth, Kansas. At the same time He also obtained a Master of Arts degree in management from Webster University, Missouri.

Training and education paid dividends almost immediately. His first active military command was as commander of the third platoon of 330/Tri Dharma Airborne Infantry unit of the Strategic Command (Konstrad). He then became commander of the second platoon (305/Tengkorak), Konstrad, between 1976-77 and led the platoon in action in East Timor.

In Indonesia he was known as one of the senior commanders in charge of military and security operations in East Timor. His first tour of command there was between 1979 and 1980 and the second from 1986 to 1988. It is sometimes forgotten that despite the global outcry over the military invasion and subsequent annexation of East Timor in 1974 many of the Indonesian officers stationed there were trained by the USA and other Western states.

On account of his accomplishments on the field and while in command of his troops, Bambang rose in the ABRI hierarchy to become Coordinator of the Private Staff (Korspri) to General Edi Sudrajat in 1993. Due in part to his standing within the armed forces, he was recommended as Chief Military Observer to the United Nations Protection Force (UNPF) in Bosnia-Herzegovina during the peak of the Bosnian crisis in 1995, and accepted for the post.

Upon his return to Indonesia he rose even faster and higher due to the evident shift in public opinion and open hostility being shown to the Soeharto regime and the armed forces. The Asian financial crisis of 1997-98 led to mass demonstrations by students and civil society groups, who called for the resignation of President Soeharto and prosecution of key ABRI leaders. In the midst of this upheaval, Bambang was one of the few senior officers who could maintain a dialogue with civil society organisations and the student demonstrators. While other senior ABRI leaders like Major-General Wiranto were being accused of crimes against humanity in places like East Timor, Bambang was promoted and made head of the ABRI representation at the People's Assembly (ABRI-MPR) in 1998. Following president Soeharto's resignation in May 1998 and the collapse of the New Order regime, Bambang was promoted to the post of Chief of Territorial Command (1998-99).

Susilo Bambang Yudhoyono's political career began as soon as he retired from the army in January 2000. He served in the cabinets of Presidents Gus Dur and Megawati Sukarnoputri, but fell out with both (with Gus Dur in 2001 and with Megawati in March 2004). Being an ex-army man with strong links to the armed forces and the security services, his theme has always been the same: restoration of law and order and public security above all else.

Finally in September 2004 Bambang -- along with running mate Muhammad Jusuf Kalla -- stood against the pairing of Megawati Sukarnoputri and Kyai Hasyim Muzadi. Bambang managed to persuade most of the voters that he was the man who could deliver on his promise to restore calm and stability to the country. After seven years the Indonesian economy has yet to recover from the financial crisis of 1997-98 and the spate of bombings in Bali and Jakarta have sullied the country's image abroad -- particularly among foreign investors and tourists. Promising that he would rid the country of religious extremism, terror networks and communal violence, Bambang and Jusuf Kalla managed to secure 61 percent of the votes at the September 2004 selections. In October 2004 he was declared winner and next president of Indonesia.

The spectacular rise of Susilo Bambang Yudhoyono has been warmly greeted by neighbouring ASEAN countries and Western governments. A long-time ally and friend of the US, Bambang -- the American- trained army officer who served the pro-Western New Order regime of Soeharto -- was touted as the man who could bring about Indonesia's recovery and improve the country's relationship with the West. Yet at home many human rights groups, workers' movements and liberal sections of the Indonesian press have expressed concern about his links to the armed forces and security services; as well as the fact that his role in the New Order regime and his part in the East Timor campaign have apparently gone unnoticed.

[Dr Farish A Noor is a Malaysian political scientist and human rights activist.]

Campaign against militarism

Yogya students call for soldiers' wages to be raised

Detik.com - October 5, 2004

Bagus Kurniawan, Yogyakarta -- Coinciding with commemorations of the 59th anniversary of the Indonesian Armed Forces (TNI), hundreds of Yogyakarta students from a number of different groups held actions on Tuesday October 5 calling for soldiers' wages to be increases and rejecting militarism.

The first action was organised by students from the Neo HMI Community (Community of Neo-Islamic Students Association) who held a "long-march" along the length of Jalan Malioboro in Central Yogyakarta to the central post office on Jalan Senopati. The second action meanwhile was held by the Yogyakarta Student Solidarity Forum for Democracy (Forum Solidaritas Mahasiswa untuk Demokrasi, FORSMAD). The action was held at the Gondomanan intersection on Jalan Brigjen Katamso around 300 metres from the Neo-HMI action.

Demonstrators brought a number of posters with messages including "Increase the wages of non-commissioned officers and low-ranking soldiers", "Abolish the dual function of the TNI", "Disband Kodam, Korem, Kodim, Koramil and Babinsa"(1), "Review the law on the TNI", "End militaristic acts against civilians" and "End accusations of terrorism against the Islamic community".

One of the participants in the action, Arief, said in a speech that the wages of soldiers are still extremely low at the moment and that their quality of life is far below that of commissioned officers. "The wages of TNI members which must be increased are the wage of non-commissioned officers and ordinary soldiers, not the wages of commissioned officers", he said.

He also warned that the election of a president from the military, Susilo Bambang Yudhoyono (SBY), in the second-round of the presidential elections will bring a breath of fresh air to the military but on the other hand will create anxiety within civil society that the military will again support those in power.

"A concrete example is the formation of the National Security Council (DKN) as one of the programs planned for the first 100 days of the president elect. And that [is something] we must reject", he said.

According to Arief, there is concern that the DKN will be tasked with implementing regulations which will allow the security forces and intelligence bodies to arrest people who are suspected of disturbing national security. In other words, the DKN will be formed as a tool for those in power to get rid of people and groups who oppose the government and the legalisation of military action against civilians.

In a number of speeches demands were made rejected militarism and calling for an immediate end to violence against civilians by the TNI. In addition to this they also called on the People's Representative Assembly to review the recently enacted law on the TNI and to end plans to establish the DKN by the president elect SBY.

Although there were concerns that these issues would be challenged by another group both anti-military actions proceeded smoothly. The few police officers who were present restricted themselves to ensuring that traffic flowed smoothly. (asy)

Notes:

1. The TNI's territorial command structure mandates the deployment of military command posts and detachments at all levels of the civil administration: provincial, district, sub- district and village. This structure provides the organisational framework for the TNI to act as a political security force at all levels of society. The five respective commands are: Kodam - Komando Daerah Militer, Regional Military Command; Korem - Komando Resort Militer, Military Command at a level below the residency; Kodim - Komando Distrik Militer, District Military Command; Koramil - Komando Rayon Militer, Sub-District Military Command (Kecamatan) level and; Babinsa - Bintara Pembina Desa, Noncommissioned military officer posted in villages and wards and affiliated with the civilian administration.

[Translated by James Balowski.]

Violence against student activists reported to Komnas HAM

Detik.com - October 6, 2004

Muhammad Atqa, Jakarta -- Earlier today the Committee for the Release of Political Prisoners (Komite Pembebasan Napol/Tapol) submitted a complaint to the National Human Rights Commission (Komnas HAM) over violence perpetrated against their activists in three different cites, Denpasar (Bali), Yogyakarta (Central Java) and Kupang (West Timor).

The complaint was submitted by the general chairperson of the People's Democratic Party (PRD), Yusuf Lakaseng, the general chairperson of the National Student League for Democracy (LMND), Iwan Dwi Laksono, and a number of other activists. The Committee for the Release of Political Prisoners is made up of the PRD, LMND and the People's Lawyers Union (SPR).

After accepting the complaint, Komnas HAM civil and political sub-commission member Syamsuddin promised to investigate the case. Syamsuddin then asked the Committee for the Release of Political Prisoners to include signed affidavits from the victims involved.

In the complaint by the Committee for the Release of Political Prisoners it states that the most recent act of violence occurred in Denpasar on Tuesday October 5 when demonstrators from the United Opposition Front (BOB) were holding an action rejecting militarism.

Prior to this a similar incident occurred in Yogyakarta on October 1 against LMND activists who were holding an action rejecting the commercialisation of education and militarism. The violence was perpetrated by thugs who admitted they were from the Indonesian Anti-Communist Front and occurred as demonstrators were heading towards the headquarters of the Yogyakarta military command which was the target of the demonstration.

Another incident occurred at the Unwira campus in Kupang. The violence occurred in the middle of the night when four LMND members who had just finished attending a graduation ceremony were beaten up by police officers. The motive for the attack is unclear but is believed to be linked with the four students' activities as members of LMND. (gtp)

[Translated by James Balowski.]

Udayana military commander: BOB actions smack of communism

Detik.com - October 6, 2004

Gede Suardana, Denpasar -- The commander of the Udayana territorial military command, Major General Supiadin AS, has accused the United Opposition Front (BOB) who have been rejected militarism at demonstrations of being communists. He also believes they want to sow discord within the TNI (armed forces).

Supiadin made the statement to journalists after attending an event overseeing the transfer of the post of head of the Denpasar State Court at the offices of the governor of Bali on Jalan Basuki Rahmat in Denpasar on October 6.

"Seizing the assets of the generals and giving them to non- commissioned officers and ordinary soldiers, that's a paradigm of the communist movement. That's how they are [trying to] create divisions within the TNI. This is a communist movement, isn't that the PKI [Indonesian Communist Party], he said.

According to Supiadin, the activists from BOB who demonstrated recently in Denpasar are the same as the groups who held actions in Yogyakarta and Surabaya in Java. The demonstrators in Yogyakarta were even attacked by a group called the Indonesian anti-Communist Forum.

"They demonstrated carrying flags with the hammer and sickle. I saw them making all kinds of criticisms as if they know all about the TNI", said Supiadin without explaining who he mean by "them". But he conceded that the demonstrators in Denpasar did not carry flags with the hammer and sickle.

Supiadin declared that the movements to resurrect communism must be monitored. "We must be on guard because movements to resurrect communism do exist", he explained.

Supiadin also took the opportunity to deny that his soldiers were involved in an attack on demonstrators during an action held by BOB on Tuesday October 5 in which they were attacked and beaten by a group of heavily build individuals.

"There's no point just saying that the perpetrators were heavily built as if [that means] they were my subordinates. If their [identify] is clear, okay [then you can] make accusations against me. If members [of the military] are involved I will take firm action", explained Supiadin. (gtp)

[Translated by James Balowski.]

BOB to take legal action following attack

Detik.com - October 5, 2004

Gede Suardana, Denpasar -- The United Opposition Front (BOB) is to take legal action over an attack perpetrated by a gang of heavily-built men and police when they were holding a recent demonstration.

"We will endeavour to use legal action to solve the case. Tomorrow we will be reporting [the case] to police", said BOB public relations officer Miftah at a press conference at the secretariat of the Udayana University Student Executive Council (BEM) on Jalan Sudirman Denpasar on Tuesday October 5.

Miftah condemned the attitude of the police who appeared to allow the attack by the men to proceed unhindered. "It was as if the police who were all around us during the demonstration did not have the capacity to confront the 20-40 thugs who attacked us", he complained.

BOB is calling on the police and the prosecutor's office to investigate the case and arrest the perpetrators, including those involved in an early attack carried out by the Indonesian Sons and Daughters Communication Forum (FKPPI), an organisation of children of military officers. "At the moment we are collecting evidence such as getting an affidavit from the victims of the beating", said Miftah.

One of the victims of the attack was the chairperson of the Bali branch of the People's Democratic Party, Agus Januraka, who was attacked by a gang of heavily-built men. As a result of being punched and kicked he was beaten black-and-blue, his left eye swollen and his right hand scratched and torn. He his being treated at the Sanglah public hospital. The other victims, Edo and Candra were punched in the head by the group while a third demonstrator, Izan, was hit in the chest by a police officer in full uniform.

Around 15 demonstrators from BOB held an anti-military demonstration on Jalan Sudirman Denpasar near the Udayana University. As they were about to disperse the demonstrator were attacked and beaten by a group of heavily-built men. (sss)

[Translated by James Balowski.]

Anti-military demonstrator beaten black-and-blue in Bali

Detik.com - October 5, 2004

Gede Suardana, Denpasar -- Around 15 people who were just about to end an anti-military action were attacked without warning by scores of heavily-built men. One of the demonstrators was beaten black-and-blue.

The story began at 2pm on Tuesday October 5 when demonstrators from the United Opposition Front (BOB) were holding an action on Jalan Sudirman Denpasar in Bali, several metres from the Udayana University.

The protesters came from the Muhammadiyah Student Association (IMM), the National Student League for Democracy (LMND), the Women's Social Institute (LSP) and the People's Democratic Party (PRD).

The demonstrators were rejecting the enactment of the law on the TNI (armed forces), demanding the abolition of Koramil, Babinsa, Korem, Kodam and Kodim(1), calling for the generals who have perpetrated human rights violations to be tried, demanding an end to the military operations in Aceh and West Papua along with calling for an increase in the wages of non-commissioned military officers and low-ranking soldiers.

After giving speeches and reading a statement, the demonstrators who had intended to end the demonstration at 2pm were suddenly attacked from several different directions by a gang of heavily- build men. The demonstrators scattered and ran for safety. The scores of police officers who had been guarding the action from the start were only able to watch in surprise at the unexpected incident unfolded.

Agus Januraka, the chairperson of PRD Bali, was grabbed by one of the men and the pamphlets which he was carrying condemning the military were seized and scattered in the street.

Agus was subsequently rescued by police officers one of which was the head of the West Denpasar sectoral police, Chief Inspector Singamata. After it seemed safe, Agus was guarded over by an ordinary police officer.

Suddenly however, the group of men started chasing Agus again and after catching him, he was beaten and punched in the face falling to the ground. The police officer who had been guarding Agus was also pushed by the men and fell.

Agus was then kicked repeatedly by five or so of the men. His body which was rolling across the ground because of the kicking had become a game. The police officer who had fallen then grabbed Agus and took him inside the campus for his protection.

Agus appeared to be staggering. His left eye was swollen so that he could no longer see and his right hand was scratched and torn. Passers by could only watch the violence not having the courage to do anything and traffic was blocked as drivers stopped their vehicles to look.

A short time later two platoons of police arrived and immediately closed off the entrance to the campus to prevent another attack by the men.

"I don't know who and am not aquatinted with the person who hit me. The person was heavily-built. The police couldn't do anything", complained Agus after he was inside the campus.

Meanwhile, according to one of the other demonstrators, they experienced a similar incident during the heat of the presidential elections. At the time they involved in holding a demonstration with similar demands. When they were several metres from the Udayana IX regional military command headquarters the demonstrators were attacked by a group of men from the Indonesian Sons and Daughters Communication Forum (FKPPI), an organisation made up of children of military officers. (sss)

Notes:

1. The TNI's territorial command structure mandates the deployment of military command posts and detachments at all levels of the civil administration: provincial, district, sub- district and village. This structure provides the organisational framework for the TNI to act as a political security force at all levels of society. The five respective commands are: Kodam - Komando Daerah Militer, Regional Military Command; Korem - Komando Resort Militer, Military Command at a level below the residency; Kodim - Komando Distrik Militer, District Military Command; Koramil - Komando Rayon Militer, Sub-District Military Command (Kecamatan) level and; Babinsa - Bintara Pembina Desa, Noncommissioned military officer posted in villages and wards and affiliated with the civilian administration.

[Translated by James Balowski.]

Human rights/law

Controversial new military law adopted

Green Left Weekly - October 6, 2004

Max Lane -- On October 1, Indonesian president-in-waiting Susilo Bambang Yudhoyono said he would study and possibly review a controversial military bill that was adopted by the outgoing House of Representatives on the last day of its five-year term on September 30. The law will take effect on October 30, with or without presidential consent.

The new law on the Indonesian Armed Forces (TNI) was meant as a codification of the role of the military in the post-Suharto period. It was submitted to the parliament by President Megawati Sukarnputri's government on August 23 after being mainly drafted in TNI headquarters. In its original form, it explicitly codified the existing structure and role of the TNI, including legalising the territorial command structure of the TNI and its ownership and management of businesses.

The main organised opposition to the bill initially came from human rights organisations, student groups and the left political organisations. However, after the July presidential election, some of the mainstream parties also began to voice criticisms, including the National Awakening Party (PKB) and later Megawati's own Indonesian Democratic Party of Struggle (PDIP).

The PKB, PDIP and some others began to support popular demands for the dismantling of the TNI territorial structure. This structure places TNI units of one size or another at all levels of society, from the national centre down through the regions, provinces, sub-provinces and villages. During the Suharto period, it acted as the enforcement arm for the dictatorship's policies, especially in repressing popular opposition and discontent.

As well as demanding the scrapping of the TNI's territorial structure, the human rights, student and political left organisations demanded the placing of the TNI's commander-in- chief directly under the authority of the defence minister, rather than the president. This would have denied the commander- in-chief a position in the cabinet.

In the week leading up to the adoption of the bill, the parliamentary working group formulated amendments that would have abolished the territorial structure. However, the final draft that passed into law on September 30 drew back from such an explicit reform.

Instead, the law removed any reference to the territorial structure while including clauses that set criteria for the placement of troops, for example in zones of conflict and where there was a possibility of external threat. This, of course, offers no threat to the TNI presence in Aceh, Papua or Ambon.

The legislation requires presidential authority for the establishment of any specific territorial command in a specific region. PKB, PDIP and some Golkar politicians are claiming that this represents the delegalisation of the territorial structure and would allow for its dismantling, starting in Java. On the other hand, the current home affairs minister, Hari Sabarno, who is also a senior army officer, has stated that the new law is compatible with the current arrangements and that no changes will be required.

The new law also requires that the government take over all TNI- owned businesses within five years.

This outcome is a good reflection of the current balance of forces between the ruling elite and popular sentiment. While protest actions against the bill were relatively small, the whole of the political elite knows that the military remains highly unpopular.

Before July's first round of the presidential election, there was much talk about a swing in voter support for former army generals like Wiranto or Yudhoyono reflecting a return to the military rule of the Suharto years. However, the failure of either Wiranto or Yudhoyono to galvanise any enthusiasm for their election campaigns was interpreted by commentators to mean that no such pro-military sentiment existed.

In the second round of the presidential election, held on September 20, Yudhoyono went out of his way give himself a civilian and reformist image. In the post-election posturing, the PKB, PDIP and even Golkar want to present themselves as supporting reform of the TNI.

Accommodating to public criticism of the new law, Yudhoyono was reported by the October 1 Jakarta Post as saying he would examine if it contradicted the constitution.

Military's big role in politics reaffirmed by new law

Interpress News - October 4, 2004

Fabio Scarpello, Jakarta -- While the Indonesian military, or TNI, for the first time will not hold any seats in the new House of Representatives, Indonesian legislators, however, with only hours remaining in their mandate approved a controversial new law cementing the TNI's political power.

A bill aimed at redefining the role of the Indonesian military was approved last Thursday by the pro-TNI House of Representatives in the dying hours of its five-year mandate that ends on October 30.

The final draft, although presenting a watered-down version of some of the most controversial articles, rephrased but preserved the Indonesian military's territorial role -- what most consider as being the heart and soul of the TNI's political influence in the country.

It also failed to bring the TNI under the control of the civilian-run Defence Ministry and left it under the sole command of the president, who can call upon the military's intervention in case of unspecified emergency without House approval. The legislative body's approval is needed only after two days of the military intervention.

Furthermore, the bill granted the TNI wider and unspecified powers to fight terrorism and the authority to deploy troops before seeking permission from any institution. It also allowed military officers to take up civilian positions, although it limited them to jobs that require military skills. Military officers in such positions will be answerable to the TNI commander rather than the government -- in essence a parallel administration.

Nonetheless, the new legislation did have wording that essentially seeks to curtail the TNI's business empire and put it under the scrutiny of the government.

The bill, aimed at defining the role of the military after the downfall of former dictator Gen. Suharto in 1998, was seen as a compromise between the demands of rights groups who want the military under total civilian control and those generals keen to keep their privileges.

During his 32-year-reign, Suharto used the military to quell any government opposition and granted serving officers key government and legislative posts.

"The passage of the TNI bill is a step backward that totally undermines civilian control of the military and allows the TNI to reassert its political role," said John M. Miller, media coordinator of the US-based East Timor Action Network.

Solahuddin Wahid, former deputy chairman of Indonesian National Commission on Human Rights (Komnas HAM) agreed in principle that the TNI's presence in society was too pervasive, but said that there was no current real alternative to it. "The circumstances are not as good as we had hoped after the 'reformasi' [reformation after Suharto], and society is not ready to take over all the roles covered by the TNI," he told IPS. But he added that although the TNI should step back, it might take 10 years before the country is ready to relinquish the military's territorial role.

The bill enshrined the TNI's territorial role in the constitution and justified the deployment of "auxiliary" troops on the basis of defending the country against internal and external threats. The territorial role, which allows for the presence of troops across the archipelago right down to the district and village levels, was the device used by Suharto to maintain complete control of the country. Nowadays, it is the main tool used by the TNI to collude and interfere with local bureaucrats, businesspeople and politicians.

However, according to well-known reformist Lt Gen. (ret) Agus Widjojo, the new law provided a defence against possible TNI abuses. "In the past, the TNI had the authority to intervene and mobilise civilian resources, but that is not the case anymore," he said, adding that now it is a matter of supervising things to make sure it does not happen anymore.

Yet the defence provided by the law, did not convince Aguswandi, the head of research and advocacy of the Indonesian Human Rights Campaign (TAPOL). Aguswandi said in an interview he believed that there could not be any real reform of the Indonesian military as long as it maintained its territorial role.

He stressed that such a huge presence was particularly detrimental as Indonesia was going through a decentralisation process, and the centres of power were moving away from Jakarta to the regions. "The TNI has adapted well to the new political situation. It doesn't really need to have seats in the parliament, or in the cabinet, or in the central power in Jakarta, because the actual power is now mainly in the hands of regencies, districts and provinces," he said.

What was universally seen as a progressive move was the condition in the bill that instructed the Indonesian military to open the financial books on its vast business empire and subject it to the scrutiny of the government by 2009.

The TNI only receives 30 percent of its budget from the government and the balance is financed by various legal and illegal activities, including alleged extortion, illegal mining and logging, prostitution, gambling and the illegal trafficking of women, animals and drugs.

Most of these illegal activities are perpetrated in conflict areas such as Aceh, Papua and the Maluku Islands where the Indonesian military has built up a massive presence. Some believe the TNI purposefully maintains a state of instability to reap financial and political benefits.

The bill will come into effect in a month regardless of whether the outgoing president, Megawati Sukarnoputri, or the new president, Susilo Bambang Yudhoyono signs it.

Said that, Yudhoyono has stated an intention to look at the bill and change it, if he sees it to be against the constitution or the military's principles. "Since it is my administration that will implement it, I think I have to study or even review the bill," 'The Jakarta Post' quoted him on Friday.

Yudhoyono, a former four-star general himself, has won the presidential election in a landslide and is due to take the reins of the country on October 20. The victory of Yudhoyono is just one sign of the enduring influence of the TNI, which remains the country's most powerful institution with deep influences branching into the country's social and political life.

Four out of the ten presidential and vice-presidential candidates who started out in the first round were former generals and significantly in the various post-Suharto governments, officials with military backgrounds have held the all-important civilian positions of chief minister of security and interior minister.

Reconciliation & justice

Poll success stirs calls for probes into Suharto, military

AFX-Asia News - October 7, 2004

Jakarta -- Indonesia's first democratic presidential poll has helped distance the country from its days of authoritarian control, but it has also intensified calls for justice as the wounds of military atrocities and dictator Suharto's rule remain open, Agence France-Presse reported.

Retired general Susilo Bambang Yudhoyono is due to take office later this month after a landslide victory in presidential polls marking the country's graduation as a democracy and emergence from the shadow of the Suharto era.

But although many see Yudhoyono's victory on a tide of reform promises as a chance to open a new chapter in Indonesia's history, there have been increasing demands that the new government resolve dark issues of the past.

"I think that if you want to clean the record of Indonesia, you have to pave the way to charge Suharto," said Carmel Budiardjo, director of Tapol, an Indonesian human rights campaign group.

She said although Yudhoyono is "surrounded by a number of generals who worked for Suharto," he appears to be the best hope yet of achieving reconciliation with the past.

Campaigners want justice regarding military atrocities perpetrated in the country's recent history -- including East Timor's 1999 independence vote and the renewed campaign to crush rebels in Aceh province.

But the past remains an issue as the "Petition of the 50," an anti-Suharto movement founded in the 1980s, and two student bodies this week called for the revival of legal action against Suharto suspended in 2000 for medical reasons.

The former dictator has lived quietly at home in Jakarta since he was forced to step down in 1998 during widespread unrest.

This week also marks the 39th anniversary of a massacre that saw civilians become victims of a purge against alleged communists and their sympathisers after a putsch that then-general Suharto claimed was a communist coup attempt.

The number of deaths is estimated at 500,000, while scores of Indonesians suspected of being leftists were also imprisoned or sent to labour camps where some, such as celebrated author Pramoedya Ananta Toer, spent more than a decade.

Unless events such as these are adequately dealt with, the national unity desired by Yudhoyono to enact his broad promises of reform will be fruitless, the Jakarta Post newspaper said in an editorial.

"History once again comes knocking at the door of the nation's collective conscience," it said.

"When a nation is mature enough to democratically and peacefully elect its president, shouldn't it then be civilised enough to determine the truth ?," said the paper's columnist Kornelius Purba.

Tapol's Budiardjo said that, although Indonesia's parliament has agreed to set up a South Africa-style truth and reconciliation body, there is still work to be done to "face up to the reality of what happened during Suharto".

"Impunity is a huge problem in Indonesia. No army officer has been brought to justice," she said, comparing Suharto's situation to that of Chilean former dictator Augusto Pinochet and Iraq's Saddam Hussein.

"In Chile, Pinochet faces the possibility of being brought to justice, Saddam Hussein is in prison, Suharto should also be treated in the same way, but he is living as a free man".

Mohammad Budiyatna, an analyst from the state Universitas Indonesia, said bringing Suharto and others to justice would be an important step for Yudhoyono if he is to fulfill pledges of tackling rampant graft.

"The sentence is not important, whether they serve two weeks or one month in also not important. What is important is that they are convicted," he said.

Health & education

WHO insists bird flu strain potentially deadly to humans

Agence France Presse - October 8, 2004

The World Health Organization insisted that a strain of bird flu that has killed millions of birds in Indonesia is potentially deadly to humans, contrary to claims by Indonesian officials.

WHO expert Steven Bjorge said an Indonesian agriculture ministry official had been inaccurate by saying that the virus found here was non-lethal type. "There was misinterpretation and we're going to clarify that," Bjorge told AFP.

The agriculture ministry's director for animal health, Tri Satya Naipospos, said this week that preliminary test results from a Hong Kong center with which the WHO collaborates showed the H5N1 bird flu strain found in Indonesia was of a genotype that does not infect humans.

But Bjorge said all the bird flu outbreaks in Asia, which have killed at least 30 people in Vietnam and Thailand this year, were of the same Z genotype.

"It is highly pathogenic to birds. It can also transmit to humans but we have not seen it yet in Indonesia or China," Bjorge said.

"There are sublineages of H5N1 genotype Z. The virus in Indonesia is somewhat different from the virus in Vietnam and Thailand but that does not mean they are not all genotype Z," he said.

Thousands of poultry died in a bird flu outbreak in Indonesia early this year. In July the country launched a major vaccination program to eradicate the virus, which was still lingering in some districts.

Officials said the virus had resurfaced because farmers had neglected procedures to combat it by using illegal vaccines and restocking their poultry too early.

But the WHO says the most important control measures are rapid destruction of all infected or exposed birds, proper disposal of carcasses, and the quarantining and rigorous disinfection of farms.

During this year's outbreak in Indonesia, a senior agriculture ministry official admitted the government had been involved in only one cull. Farmers were destroying stocks on their own initiative, the official said.

The agriculture ministry said 1,510 fowl died of bird flu in several areas of Java island between July and September this year but it said the new outbreak was confined to previously infected areas.

Thai officials last week confirmed the country's first probable case of human-to-human infection of bird flu following the deaths of a mother and daughter.

A variation of bird flu was blamed for the deaths of as many as 40 million people worldwide in 1918.

Armed forces/police

Military chief resigns, replaced by hard-line general

Associated Press - October 9, 2004

Jakarta -- Indonesia's military chief has resigned and President Megawati Sukarnoputri has replaced him with a hard-line general known for his xenophobic remarks and criticism of rights activists, officials said Saturday.

Critics questioned the motive and timing of the moves, since they came little more than a week before Megawati was scheduled to hand power to president-elect Susilo Bambang Yudhoyono on October 20. Gen. Endriantono Sutarto, who has headed the military since 2002, submitted his resignation letter September 24. Megawati formally notified parliament of his resignation and replacement Friday.

Parliament speaker Agung Laksono said Saturday there was nothing unusual about the moves because Endriantono had long talked of retiring and Gen. Ryamizard Ryacudu was one of the candidates in line to replace him.

"I received a letter from President Megawati regarding her approval of the resignation of General Endriantono as military chief and the assignment of Ryamizard as his replacement," Laksono said. "The reason was that Endriantono is now 57 years old."

The change must be approved by the newly elected parliament, although no commissions to discuss the issue are yet in place. And even if parliament approves Ryacudu's appointment, Yudhoyono could still replace him with his own choice when he takes office.

Military spokesman Brig. Gen. Tono Suratman said the military would honor the new appointment, but he joined several legislators in questioning the timing of the moves.

"This seems strange that Megawati would accept the resignation of Endriantono at the end of her term," parliament member Abdillah Toha said, according to Saturday's Republika newspaper. "This should be a decision for the new president. Let him appoint the new military chief."

Endriantono hasn't commented on his resignation. But sources close to the general said he opposed Megawati's recent decision to promote interim Security Minister Hari Sabarno and Intelligence Chief A.M. Hendropriyono to four-star generals.

Ryacudu is a staunch nationalist who has earned a reputation over the years for making controversial remarks. He hailed soldiers who killed a peace-advocating separatist leader as "heroes," called two Germans shot by troops "stupid" for vacationing in a dangerous part of the country, and said human rights workers should have their "heads knocked off." He also is fond of saying that Indonesia is overrun with spies from Australia, the US, U.K. and Israel.

In 1999, the US slapped a ban on Indonesia's military, following the massacre of 1,500 East Timorese during the country's independence vote.

Ryacudu and other hardline nationalist generals have since voiced their anger over Jakarta's close ties with the US in its war against terrorism.

Business & investment

In Indonesia, all that glisters is not gold

Asia Times - October 8, 2004

Bill Guerin -- As incoming president Susilo Bambang Yudhyono prepares to step into the palace, a mercurial dispute between US-based Newmont -- the world's biggest gold producer -- and Indonesia's local authorities and environmental activist groups yet again highlights the difficulties of mining in the country.

The case has raised concerns over how rich multinationals that extract resources such as coal, copper and gold as well as oil and natural gas conduct themselves in developing countries such as Indonesia, where mining investment has hit rock bottom after steadily declining to US$177.3 million last year from $2.6 billion in 1997.

Conservation and anti-mining non-governmental organizations (NGOs) such as the Indonesian Center for Environmental Law (ICEL), Indonesian Forum for the Environment (Walhi), Indonesian Mining Advocacy Network (Jatam), and the Institute for Policy Research and Advocacy (Elsham) claim that Newmont's local operation, PT Newmont Minahasa Raya (NMR), has dumped lethal amounts of mercury and arsenic in waters more than 80 meters deep in Buyat Bay in North Sulawesi, causing the death of at least 30 villagers from Minamata disease -- a severe form of mercury poisoning named after a Japanese bay where the illness was first documented in the 1950s.

Epidemiological and medical researchers at the time identified the disease as heavy metal poisoning caused by eating fish and shellfish from Minamata Bay. "The waste from the mine being released into the sea amounted to a potentially 'toxic soup'," mining and environmental hydrogeologist Robert E Moran told the New York Times.

In August, several villagers were flown to Jakarta for blood tests to determine possible mercury poisoning following a University of Indonesia laboratory test that confirmed four locals living near the bay had blood mercury levels between 9.5 and 23.9 grams/liter (g/L). In a separate investigation, the Jakarta Health Agency claimed that according to their tests, the four villagers actually had blood mercury levels between 33.7 and 52.5g/L.

Police also took eight water samples from the bay that they said contained unusually high levels of mercury. Lawyers are now seeking damages of $548 million, and five NMR officials are in jail awaiting formal charges. Richard Ness, president director of NMR, was detained along with the others two weeks ago, but was quickly released on grounds of ill-health. Police announced on Wednesday that they have forwarded the files on Ness and the others to the state prosecutors in North Sulawesi.

Ness, along with American Bill Long, Phil Turner of Australia and three Indonesians -- David Sompie, Jerry Kojansow and Putra Wijayat -- face charges of violating Law No 23/1997 on environmental management. The law allows for jail terms of up to 15 years if death or serious illness is proved to be the result of pollution. Under Indonesian law, police outline their cases in dossiers sent to prosecutors, who then decide whether to press charges.

The US Embassy in Jakarta warned in a statement last month, "The detention of Newmont employees under these circumstances can only harm the investment climate in Indonesia." This immediately drew the wrath of the Sierra Club, an environmental group in the US, which says the Bush administration is defending a company known for leaving toxic pollution in its wake around the world, rather than a poor community seeking environmental justice.

Stephen Mills, Director of Sierra Club's international program, said: "The US Embassy's actions are a dangerous example of the Bush administration's misguided foreign policy. No country or community should be pressured into accepting that its children will be poisoned in exchange for development."

The US ambassador to Indonesia, Ralph Boyce, has already raised the issue with outgoing President Megawati Sukarnoputri and national police chief General Da'i Bachtiar. Lawsuits have also been filed against Energy and Mineral Resources Minister Purnomo and Environment Minister Nabiel Makarim, who have both been widely criticized for dismissing NGO claims and defending Newmont's environmental record. A case also has been filed against Health Minister Achmad Sujudi.

The company has questioned the differences between the police forensic lab tests and internationally certified lab results. Experts confirm there is a very wide variation in "normal" baseline mercury blood levels. Though the House of Representatives Commission VIII for mining and energy concluded in August that the police findings were reliable and further studies were unnecessary, the government then set up a joint investigative team made up of representatives from different government departments.

NMR has consistently denied any wrongdoing, pointing out that its waste is treated in accordance with government regulations. "It is difficult to express in words the disgust we feel regarding these false allegations," Ness said in a press statement after his release, adding that it was not true that NMR operations have affected the quality of the water or the health of villagers. Newmont attributes the villagers' illnesses to poor sanitation and malnutrition.

Though mercury is used by thousands of illegal miners, the widespread press coverage in Indonesia has made little of the fact that Newmont -- like most international mining companies -- has never used mercury in its processing of gold. Indonesian Mining Association chairman Benny Wahju has also defended Newmont, saying it did not use mercury in its mining process and had detoxified its mining waste. The director general of communicable diseases at the Ministry of Health in Jakarta, Umar Fahmi, has also confirmed that the level of mercury detected is "equivalent to the mercury content found in healthy Japanese citizens".

Ness has pointed out that everyone in the coastal area eats the same fish. "We live in that area. Our children attend the schools in that area and we do eat the fish and shrimp from those waters. We will not expose the villagers to unsafe or environmentally unsound practices, nor will we expose ourselves or our families to an unsafe situation". The level of fish intake is a major determinant of blood mercury levels.

Though NMR has not pointed the finger at small-scale miners, thousands of them operate mostly illegally and with impunity and have been condemned for irresponsible use of chemicals, including mercury, arsenic, and cyanide. There have been suggestions from industry sources that the pollution charges are being drummed up by NGOs and the authorities in a hidden agenda against Newmont, to coerce the company into paying massive compensation before it leaves its Sulawesi mine.

Newmont has operated its Messel mine in Ratatotok village since 1996 though it ceased ore mining activities in October 2001 due to depleted reserves within the contract area. Processing ore from the stockpile ended in August and the company plans to completely shut down the mine this month under closing procedures already negotiated with Jakarta. At its peak, the mine produced roughly 340,000 ounces of gold annually, or as much as 8% of the company's global output.

Newmont says it has invested steadily for about 20 years, providing "significant economic benefit" for local communities. Over its seven-year period of operations, total direct and indirect benefits to the Indonesian economy were approximately $544 million. Local vested interests may well be unhappy with the scheduled mine closure given the scale of the potential loss of revenue. Regional autonomy in 2001 changed the ball game with some 80% of taxes and royalties now flowing to the local and provincial administrations, instead of to Jakarta, as was the case during the Suharto era.

In April 2000, the district court of Tondano in North Sulawesi province ordered Newmont to shut down its gold mine following a dispute over a local tax assessment through the district court. The local government demanded Rp61.5 billion ($8.2 million) in overdue taxes and compensation. Though the Supreme Court blocked the closure, Newmont settled out of court, agreeing to pay about $500,000 in taxes on 379,000 tons of waste material from the mine that a combined central and local government verification team insisted should be taxed.

Tests carried out by the Japanese Minamata Institute and the World Health Organization (WHO) show no evidence of any pollution in residents at the site. They have suffered skin disorders but none have claimed or have been shown to suffer from any of the classic symptoms associated with mercury poisoning.

Though the cause of the illnesses remains undetermined, a chink of light has appeared in the tunnel for Newmont. Results announced by the Health Ministry on Wednesday appear to vindicate the company's stand and substantiate the opinion of Dr Mineski Sakamoto of the Japanese National Institute for Minamata disease shortly after he visited the village in August under WHO auspices, when he ruled out Minamata disease.

In a written statement, the ministry said the levels of mercury in the villagers tested in a study prepared for the WHO at Buyat Bay were "normal". The study also implies that there is no "soup" at all, suggesting that the bay waters were not polluted to toxic levels by other metals or cyanide.

[Bill Guerin has worked for 19 years in Indonesia as a journalist and editor. He specializes in business/economy issues and political analysis related to Indonesia. He has been a Jakarta correspondent for Asia Times Online since 2000 and has also been published by the BBC on East Timor.]