Aceh

Tsunami victims fear foreigners' exit

Associated Press - March 16, 2005

Mulia -- When Sofyan Mahdi needed crushed cars removed from his tsunami-devastated neighborhood last month, he called the United Nations, which quickly took care of the problem. By contrast, it took 10 trips to Indonesia's state utility to get electricity, and he is still waiting for local officials to fix the water system.

The slow and often inconsistent response of the local government is nothing new in the province of Aceh. But with the government planning to scale back the role of foreigners by March 26, the 40-year-old teacher worries he and his family will be left to fend for themselves.

"This neighborhood will recover, but only with the help of foreigners," said Mahdi, walking past demolished homes and yards still awash with sea water three months after the Dec. 26 tsunami. "If we are forced to depend on our own government, it could take years."

Welfare Minister Alwi Shihab announced last week that the government plans to limit the number of foreign aid groups and require those not affiliated with donor countries or the United Nations to reregister with authorities.

The European Union has called on Jakarta to let all groups remain in the province. But the military and some nationalist politicians fear that foreigners -- who were largely banned from Aceh before the tsunami -- could increase international awareness and sympathy for the region's separatist movement.

Rebels have been fighting since 1976 for independence for the province on Sumatra island's northern tip. More than 13,000 have been killed in the conflict and both sides have been accused of rights abuses.

Aid groups have largely remained silent about the new policy, which is expected to hit small charities hardest, partly over concerns that that protest could attract unwanted attention from authorities.

Indonesia's Aceh province was hardest hit by the tsunami, with more than 126,000 people killed and more than 90,000 missing and presumed dead. A majority of villages along the northwest coast were wiped out and many neighborhoods in the provincial capital Banda Aceh were reduced to rubble.

Local governments in Indonesia were paralyzed by the disaster, with hundreds of offices damaged or destroyed and at least 10,000 of the nearly 50,000 employees either dead, missing or left homeless, according to the World Bank.

Hospitals and health clinics have faced shortages of doctors, nurses and medicine.

The scale of the disaster and the limits of local authorities prompted the government to welcome foreign troops and foreign aid groups. Together with the Indonesian army, they were credited with averting a humanitarian crisis.

The problem, activists and diplomats say, is that the government is not equipped to rebuild the province without significant foreign support.

Acehnese government agencies are among the most corrupt in Indonesia -- the provincial government is on trial for graft -- and most have not begun to recover from the disaster.

"There are no plans from the government, and there is no guidance despite their promises to do something," said Azwar Hasan, an Acehnese activist working with local governments.

Without a strong foreign presence, activists say the government could pocket much of the billions of dollars in aid money or force unpopular, poorly planned policies on the Acehnese.

Shihab, who has overseen the government's relief operation, insisted that despite the new policy a strong foreign presence would be welcome in the months to come. "We can understand the complaints," he said. "We have learned lessons that we have to be more patient and get a full understanding of the situation of our brothers and sisters in Aceh who suffered from this disaster. We have to listen to them."

Acehnese in land document rush

Jakarta Post - March 16, 2005

Nani Afrida, Banda Aceh -- Rudy, a Banda Aceh resident, breathes a sigh of relief. He has just acquired a document that substitutes for his land title certificate that was lost as a result of the tsunami on Dec. 26 last year. For Rudy, the substitute land title certificate is very important, as it is all his family has left. The family's house was leveled by the disaster.

"The land is the only part of our family's legacy that is left. I have lost my parents, so now I have to take care of their lands by myself," said 33-year-old Rudy.

Rudy says he did not experience any difficulties in obtaining the substitute land title certificate from the local office of the National Land Agency (BPN). The only thing that annoyed him were the long queues, as many other people were in the same situation as Rudy.

Rudy explained that in order to get the substitute certificate, he had to show BPN officials the exact location of his land. The official saves the data in the computer system, and then takes Rudy's phone number. "The BPN official will call me when they are ready to survey the land in my neighborhood." Rudy said that he had not spent a single penny to have his claim processed.

Rudy is not alone. Razali Yahya, head of Aceh's BPN office, said that to date almost 2,500 Banda Aceh residents had reported the loss of their land title certificates.

The problem is particularly complex because the BPN office was also devastated by the tsunami, and many land ownership documents kept in the office were destroyed or severely water damaged.

In order to save important documents, BPN officials recently transported some 60,000 damaged land certificates to Jakarta. In Jakarta, the certificates will be restored and preserved.

Similar measures will also be taken for land documents that were water damaged in the west coast city of Meulaboh.

"There are many certificates that got stuck together after getting wet from the tsunami. BPN's Jakarta office has techniques to restore the documents," said Razali.

He said that BPN in Jakarta was now working with a Japanese non- governmental organization in order to make the preservation efforts a success. He said that the Banda Aceh office has been assisted by the Office of the Coordinating Minister for People's Welfare, which provided a Hercules transport aircraft, allowing BPN to move nine tons of land title documents to Jakarta. The 60,000 documents represent 90 percent of all land documents that could be saved after the tsunami disaster. The other 10 percent have been totally destroyed or gone missing, meaning the office will have to produce new land title documents.

Government to screen foreign NGOs

Jakarta Post - March 15, 2005

Muninggar Sri Saraswati, Jakarta -- A government decision to restrict the presence of international aid agencies in Aceh would force them to abandon their unfinished work in the province just as it started to return to some semblance of normalcy nearly four months after December's devastating tsunami.

Coordinating Minister for People's Welfare Alwi Shihab told journalists here on Monday that the government would re-register overseas non-governmental organizations before conducting a screening process to decide which of them would be allowed to stay in Aceh or would have to leave the province starting March 26.

Only relief organizations linked to the United Nations and donor countries would be allowed to continue their humanitarian work in the ravaged province on Sumatra island, he said.

"The rest, which are not affiliated [with the UN or the donor countries], will be questioned about their [future] contributions to Aceh. We need to be familiar with all the NGOs, their contributions and funding, and how long they plan to stay to complete their humanitarian projects in Aceh," Alwi said.

The chief welfare minister reiterated that the selection of foreign aid organizations to be allowed to stay would be discussed with the United Nations and donor countries for verification.

He said the government would not be automatically influenced by the amount of money that particular foreign NGOs may have brought into Aceh in making the selection. "For example, if there is an NGO that is bringing in US$20 million, we will ask it about what it plans to do for the reconstruction work in Aceh," Alwi said.

Should the government consider a foreign NGO to be eligible to stay and take part in the reconstruction program, but it is only capable of providing a small amount of money and is not affiliated to either the UN or any donor country, he suggested that it merge its operations with NGOs linked to the UN or donor countries.

"If the amount of funding is too small and the NGO is not registered with the UN or a donor country, we'll ask it to merge with the bigger ones," Alwi said.

Alwi denied the move was aimed at restricting the presence of foreigners in Aceh, which is the scene of a separatist insurgency and has been ruled under an emergency administration since 2003. He said it was merely an attempt to ensure that the requirements for the reconstruction work, which will officially start on March 26, 2005, were fulfilled.

"All the foreign NGOs will be allowed to stay except for those that are not qualified to participate in the reconstruction program," he said.

Before the tsunami devastated Aceh on Dec. 26, 2004, it was subject to a state of civil emergency. Foreigners, including journalists, were barred from entering the province as the military went all out to crush the Free Aceh Movement, which has been fighting for independence since 1976.

The calamity, which left more than 230,000 people killed or missing and feared dead, forced the government to ease the restrictions as it was unable to tackle the disaster alone.

The government reopened the door to foreigners, including military personnel and journalists, to help the tsunami survivors. However, the National Police's Aceh Task Force announced on March 3 that many foreign aid agencies -- including those linked to the UN -- would have to leave the province by March 26.

But Vice President Jusuf Kalla last week said the March 26 deadline applied only to foreign troops, not relief organizations. "Foreign aid agencies are free to stay there. There is no deadline," he told The Jakarta Post in an exclusive interview.

Alwi's latest comments on Monday appeared to contradict Kalla's statement.

Some 380 foreign non-governmental organizations have been registered to assist tsunami victims but 200 of them have already left Aceh after finishing their emergency relief work.

Warnings tsunami aid could boomerang

Sun-Herald - March 14, 2005

Matthew Benns -- Eighty-two days after the tsunami swept through Indonesia, bureaucrats will finally sit down to work out how to spend the billion Australia has pledged in aid.

Australian and Indonesian officials meet on Thursday amid warnings that the money could turn into "boomerang aid" where the cash ends up in the pockets of wealthy Australian companies.

A spokesman for Foreign Affairs Minister Alexander Downer dismissed the claims as "a hoary old chestnut". "We are making sure this money is spent in an effective and accountable way," said the spokesman.

Mr Downer and Treasurer Peter Costello's meeting with Indonesian officials will be the first of a Joint Commission established to direct the money to the areas most in need of rebuilding.

But Aid Watch campaigner Tim O'Connor warned: "There is real cause for concern that this tsunami aid could boomerang back to Australian companies." In the last financial year more than half Australia's aid budget was tied up in contracts to just 10 Australian companies.

"A lot of that money comes back to Australia. These companies are making big profits from aid," said Mr O'Connor. His warnings came after the chairman of the Indonesian National Planning Agency, Sri Mulyani Indrawati, called on donor countries to put more of their aid money through the Indonesian budget to increase control and accountability.

Mr Downer's spokesman said: "At no point in that speech was Australia mentioned. It talked about the significant problems Indonesia is having co-ordinating the various aid donations." He said the Australian Government's aid package would run through the Joint Commission and would put rebuilding contracts into the hands of Australian, New Zealand and Indonesian companies.

A parliamentary library research paper last week indicated that Australia's aid contribution was not as generous as it first appeared.

The report said half of the billion aid contribution was a loan, that aid to the country was likely to have increased anyway and that the 0 million in direct aid was to be spread over five years.

Confusion lingers over foreigners in Aceh

Jakarta Post - March 12, 2005

Jakarta/Banda Aceh -- Confusion surfaced on Friday as top government officials issued conflicting statements over whether the presence of foreign aid agencies, including non-governmental organizations, and journalists in tsunami-ravaged Aceh would be limited.

Vice President Jusuf Kalla denied reports last week that the government would limit the presence of foreign aid organizations that have been assisting survivors in Aceh. "Foreign aid agencies are free to stay there. There is no deadline," he told The Jakarta Post in a special interview on Wednesday.

But chief welfare minister Alwi Shihab said on Friday the government would ask international aid groups to leave if they did not have a role in long-term reconstruction projects. The government will consult the United Nations and donor countries about which foreign aid agencies would stay or leave after March 26, he added.

Some 380 foreign non-governmental organizations had been registered to assist tsunami victims but 200 have already left Aceh.

Alwi said the government would take steps ahead of the March 26 deadline to ensure that the activities of foreign non- governmental organizations matched the needs of the devastated province.

"There are no restrictions on foreign NGOs except for those not qualified for reconstruction," he told a joint press conference with UN Special Coordinator of Tsunami-Affected Communities Margaretta Walstr"m in Banda Aceh.

Alwi also promised to allow foreign journalists to stay. "It's important because Indonesia wants to show to the world transparency in reconstructing Aceh."

The National Police Aceh task force said on March 3 that starting March 26, only a limited number of foreigners would be allowed to stay. It said certain UN agencies, foreign non-governmental organizations and the media had to leave Aceh by the deadline as their presence would no longer be "relevant to the current situation" there.

The UN agencies on the exit list include the International Organization for Migration (IOM) and the United Nations High Commissioner for Refugees (UNHCR), whose presence according to the task force would not be essential to the reconstruction of Aceh.

However, Kalla said the March 26 deadline applied only to foreign troops, not relief organizations. "Their presence is very important, so they will able to deliver aid in line with the [reconstruction] goals.

"But for [foreign] military personnel, their presence will not be necessary because their function is more tied to an emergency situation, particularly the provision of transportation facilities, which are currently not so urgently needed because some of them have already been restored," he argued.

Most foreign troops, including those from the United States, Australia and Japan, bade farewell to Aceh after completing their humanitarian relief operations less than three months after a tsunami decimated Aceh and parts of North Sumatra on December 26.

Earlier, many Acehnese victims of the disaster appealed to the government to review the policy of limiting the number of foreigners in the province.

The displaced people said the presence of foreign aid organizations was necessary as they still needed assistance. In Banda Aceh, the United Nations said on Thursday Aceh would still need humanitarian assistance on a large scale after March 26.

Hiro Ueki, spokesman for the UN Office for the Coordination of Humanitarian Assistance (OCHA) in Aceh, declined to speculate on what the government would do, but said the devastated province still needed plenty of help. "We do see continuing humanitarian needs and on a large scale the needs are quite evident," Ueki was quoted by Reuters as saying.

He cited the UN World Food Program, which he said planned to provide food for up to 600,000 people until the end of the year. "That's the kind of clear indication of humanitarian needs that will continue to exist. If you look at devastated areas, a lot of people still live in camps. We do see continuing needs for humanitarian assistance." Kalla urged all aid agencies to be transparent in designing and carrying out their humanitarian programs in Aceh. "If they [donor countries] have asked for financial transparency from us, we also ask the same of them," he said without elaborating.

The Vice President said Indonesia hoped that other countries that had pledged aid funds for Aceh's reconstruction would honor their commitment.

Foreign volunteers still needed in Aceh

Tempo Interactive - March 10, 2005

Yuliawati, Jakarta -- The People's Representative Assembly's Natural Disaster Relief Monitoring Team in Aceh and North Sumatra is asking the government to reconsider the presence of foreign volunteers so that they can remain in Indonesia longer. This is because there is still a great need for foreign volunteers to assist in efforts to rehabilitate and reconstruct Aceh and North Sumatra following the tsunami disaster.

"We are asking the government not to be too strict in repatriating foreign volunteers. Particularly volunteers who are interested in remaining for the long- and medium-term. Particularly [volunteers] providing medial services, [building] infrastructure, and who have special skills", said team chairperson Muhaimin Iskandar at the national parliament in Jakarta on March 10.

According to Iskandar, if necessary the government should persuade foreign volunteers to remain in Indonesia. "However they need to be registered, especially volunteers who have actually agreed to provide services in the long- and medium-term", he said.

In order to register volunteers, the government can request assistance from the Indonesian Red Cross or from social organisations with good information. According to team member Ahmad Farhan, there have been report from the public saying that that by repatriating foreign volunteers, services will decline drastically. With the repatriation of foreign volunteers, assistance efforts will suffer a reeducation in terms of staff and skills.

The Red Cross, which was present at the meeting with the team, also said that the government must be realistic in viewing its capability to overcome inadequacies in post-disaster public services. According to Marie Muhammad, the chairperson of the Indonesian Red Cross, without the presence of foreign volunteers assistance for social services will be severely limited. "The policy [decision] remains with the government, but the capability that it has is severely limited, we are just being realistic", said Muhammad.

According to Muhammad, there needs to be a selection process for foreign non-government organisations present in Aceh. "They must be chosen [carefully], which ones have a good track record and have a long-term commitment", he said.

Muhammad said that at present there are still 557 Indonesian Red Cross volunteers working in Aceh. Previously, during the humanitarian operation, the Red Cross was able to mobilise 1,763 volunteers from provinces throughout Indonesia. [This included] 88 volunteers from private agencies and 200 foreign volunteers from the Red Cross Associations of neighboring countries.

[Translated by James Balowski.]

Australia, Indonesia clash on aid

Melbourne Age - March 10, 2005

Matthew Moore, Jakarta/Mark Forbes, Canberra -- The Federal Government rejects a plea to give Indonesia more control over international relief money pledged for the reconstruction of Aceh.

The international reconstruction effort promised for Aceh is being jeopardised by a lack of co-ordination and the absence of an agreed plan, a senior Indonesian Government minister has warned.

The chairman of Indonesia's National Planning Agency, Sri Mulyani Indrawati, has called on major donor countries like Australia to put more of their aid money through the Indonesian budget instead of insisting their donations and programs be kept separate.

But the Australian Government last night rejected the call, saying its $1 billion aid package would be distributed by an Australian-supervised joint commission. A spokesman for Foreign Minister Alexander Downer said Australian taxpayers needed guarantees "their money is being spent on projects the Government approves and has accountability measures for".

The growing debate over who controls the Australian aid will dominate top-level ministerial talks to be held in Canberra next week.

In a speech delivered on her behalf to donors in Paris last week, Dr Indrawati, a former executive director of the International Monetary Fund, said she was "frankly... worried" that the desire of so many donors to plan their own programs quickly was overwhelming the Indonesian Government.

While expressing "deep gratitude" for the outpouring of generosity from foreign countries and donor groups, she outlined changes she believed were vital to ensure co-ordination of all the different aid plans from various countries.

"First, if we are serious about harmonisation, then donors should channel a higher share of their funds through the [Indonesian] Government budget, and the Government must demonstrate that it is worthy of this trust," she said. Most major donors to the relief effort, including Japan and the United States, have insisted their money be kept outside the Indonesian budget.

Mr Downer's spokesman said Australia would not provide direct budgetary assistance to Indonesia. The commission to spend Australia's $500 million in aid and $500 million in soft loans would be a co-operative partnership, he said. "We get accountability and effectiveness and the Indonesians get a hands-on role."

Dr Indrawati said she respected the choices made by some donors, but argued the money would be better used if it went through the budget and became part of a single plan. That would result in it being tracked, audited and evaluated to ensure it was well spent.

"Let's be realistic," she said. "Co-ordination does not happen by bringing donors together for weekly co-ordination meetings. It happens by bringing donor funds into the budget under a well- formulated recovery and reconstruction strategy."

Dr Indrawati acknowledged that many donors wanted to keep control of their own money because of Indonesia's reputation for corruption, but said they should instead take part in monitoring it by joining a new oversight board.

"We understand that we will need to put in place a strong and independent governance framework," she said. "This week we will be announcing governance arrangements for the reconstruction that are unprecedented in the history of Indonesia."

She said Indonesia did not even know how much money had been raised overseas for help in Aceh and called on all embassies to track funds raised in their countries as a first step in co- ordinating how they were spent.

Her speech reflects the frustration of many aid workers in Aceh who complain that it is often impossible to get money for simple projects because of restrictions by aid organisations on how the money can be spent.

Unless these problems were resolved quickly, Dr Indrawati feared the world would judge the reconstruction efforts harshly. "I wonder how history will judge us a year or five years from now," she said.

"Will the newspaper stories be full of how money was wasted as donors competed against each other for the best projects... or will they record how together we introduced a new way of doing business, in which we work in harmony for genuine results on the ground?"

Legislation to establish an Australian-supervised joint commission was introduced in Parliament in Canberra yesterday, along with a bill allocating an extra $131 million for the initial response to the tsunami.

Treasurer Peter Costello said the "Tsunami Partnership Appropriation Bill" would provide $1 billion for a five-year reconstruction program, managed by a commission overseen by the Australian and Indonesian prime ministers and chaired by the respective foreign ministers.

Villagers strangle to farm devastated land

Jakarta Post - March 10, 2005

Leony Aurora, Lhokseumawe -- The situation just outside Lhokseumawe in the northern part of Nanggroe Aceh Darussalam is not as gloomy as you might imagine.

Students ride their bicycles home through green paddy fields. The landscape bears no scars, it is picture-perfect as though the tsunami had passed it by.

But 15 kilometers east, green pastures give way to dry, cracked land. Coconut trees are scattered here and there, stranded without other vegetation. The dank smell of the sea hangs in the air.

Muslim, a local farmer, has one hectare of land near Pi village in Samudera district, North Aceh. But the 29-year-old man cannot grow anything on the plot, as it is caked with 15 centimeters of dried mud from last December's tsunami.

"I go to sea, sometimes, to earn a living," he said on Wednesday as he sat on a bench, staring out at his land. "The people from the agriculture agency came and said that we won't be able to plant for a year."

At first glance, the village looks as though it is in better shape than other areas. According to village chief M. Yasin, only one out of the village's 600 residents died in the disaster. That person was visiting Banda Aceh at the time of the catastrophe.

Unlike in the rest of Aceh, there was no power blackout in Pi village and most houses escaped damage. However, some 37 hectares of paddy fields in the village are now barren and ghostly white from salt. There has been no rain for the last few days.

Most women in the village previously worked in the rice fields while the men went fishing out at sea. The poor state of the land now means that some 145 families living in the village have lost half of their income.

Muliana, 42, used to earn between Rp 7,000 (about 75 US cents) for half a day's work or Rp 14,000 for a full day working in other people's paddy fields, which was enough to cover her children's school needs and put food on the table.

She used to give Rp 1,000 in pocket money to each of her two children who went to a nearby elementary school and Rp 3,000 to her eldest son who studied at a junior high school located about 15 kilometers from their house.

"Now there is no pocket money any longer," said Muliana amid her sobs. "Worse, my eldest son cannot go to school today, as I cannot afford to pay his bus fare." Muliana's husband is a fisherman. He has patched up his damaged boat, enabling him to fish. "But now it's difficult to catch fish due to the high waves," she said.

An edible riverine plant, locally known as genjer has become a dietary staple. The family has eaten it every day since the disaster struck.

Muliana said she had to borrow money from her neighbors to buy rice. "We have never received aid from anyone," she said, when asked whether her family had received government assistance. "Sure, we still have our house and clothes, but we have lost our income." The villagers are onlookers when aid pours into neighboring villages.

"Sometimes I want to stop the passing trucks that transport humanitarian aid, but I lack the courage," said Muliana.

When the village's people went to the district head to ask for assistance, his response was: "Did you lose your father or children?" Another villager, Fauzaniah, said the district head had not even signed a letter of request for aid, which the people had forwarded to several organizations. "What we need is rice. We are not asking for milk or instant noodles or anything else," she said.

People in the village have cleared the debris from the paddy fields, but they do not know how to remove the thick crust of salty earth. Neither do they know what to do to enable them to start planting their land. They only know that they have to survive at all costs.

West Papua

Aid used to raid rebels, report says

Melbourne Age - March 16, 2005

Brendan Nicholson -- Indonesian troops in West Papua used resources earmarked for humanitarian aid and development in the province for an offensive against rebels of the Free Papua Movement, SBS's Dateline has claimed.

It said human rights activists in West Papua's central highlands had discovered that an offensive three weeks ago destroyed villages and forced 6000 people to flee into the mountains.

The president of West Papua's Baptist Church, the Reverend Sofyan Yoman, said the Indonesian military had siphoned money from a special autonomy fund. The money was from Indonesian Government revenue and international donors.

Mr Yoman said it was supposed to be used for humanitarian development as many people in the area were dying of starvation.

He said the Australian Government should pressure Indonesia to investigate the diversion of the funds.

SBS said the Indonesian military was training and arming militia groups, and local people feared an East Timor-style onslaught against those seeking independence.

Mr Yoman said Canberra should also insist that human rights officials be allowed into the area where the military operations occurred.

West Papua militia

SBS Dateline - March 16, 2005

These days, most Australians are well and truly aware of the suffering that the people of East Timor went through before they finally gained their independence from Indonesia back in 1999. Much of the repression and violence in that conflict, of course, was attributed to militia groups formed and backed by the Indonesian military. Now, it seems that history might be repeating itself in the Indonesian province of West Papua -- or Irian Jaya -- where the locals are also after independence from Jakarta.

Of late, there have been serious claims that Indonesian army- backed militias and Islamic extremists are working in tandem, provoking some damning allegations of ethnic cleansing and genocide. The report you are about to see has been put together here at Dateline, by Nick Lazaredes, from footage smuggled out of West Papua by human rights investigators. We should warn you, though, that you could find some of the pictures disturbing.

Reporter: Nick Lazaredes

In late January, human rights investigators on a secret mission to West Papua's Central Highlands stumbled into a scene of misery and death. This 11-month-old girl had just died from malnutrition and exposure -- a victim of West Papua's hidden and largely unreported war. Questioning these frightened refugees, investigators discovered that thousands more like them were living rough in the jungle.

Man (Translation): They are at the foot of the mountains. They still haven't gone home they are dying of disease. There's no medicine. It's difficult to get treatment.

This part of West Papua is under Indonesian military control. It's their base for active operations against rebels from the OPM -- known as the Free Papua Movement. But their military campaign against the rebels has caused thousands of refugees to flee after their villages were ransacked and houses burned.

Wasior human rights victim -- Man (Translation): So many of us have become victims. So we want independence now. We can't stand it anymore, living under Indonesia.

These photos, also collected by human rights investigators, show the aftermath of an attack on the remote highland village of Wunin just three weeks ago -- elderly villagers murdered and schools and churches burnt to the ground. In the past six months, investigators have documented scores of deaths and acts of violence attributed to the Indonesian military.

Sources in West Papua say that as a result, throughout the entire province, between 15,000 and 20,000 people have been forced from their homes.

Reverend Sofyan Yoman, West Papuan Baptist minister (Translation): In Puncak Jaya, there are about 6000 people, over 6300 people in the jungle because their homes were burnt down by Indonesian soldiers. The Indonesian soldiers shot their pigs and sold them to restaurants for money.

West Papuan Baptist minister Sofyan Yoman is visiting Australia to raise awareness about the bloodshed in his homeland. Today this small Baptist congregation in Sydney is getting a frightening picture, and according to Reverend Yoman, that includes genocide.

Reverend Sofyan Yoman: Indonesian Government always attack, arrest and kill West Papuan people and imprison them, torture them and continue systematic killing. I think it's a national program, Indonesian national program, a genocide of indigenous people or local people.

Members of Sofyan Yoman's Baptist congregation throughout West Papua have filed constant reports of human rights abuses, arson and unlawful killings by the Indonesian military. He's also uncovered widespread corruption.

A report he's prepared for the Baptist church reveals that the Indonesian military has siphoned off special autonomy funding set up for West Papua, some of which originates from international donors.

He claims that funds meant for humanitarian purposes have been diverted and used by the military in its campaign of violence and ethnic cleansing in the Highlands.

Reverend Sofyan Yoman (Translation): The special autonomy funds are being used for military operations. According to the information I have obtained in the field, the total amount is two and a half billion rupiah.

Reverend Yoman believes that key international aid donors to Indonesia, like Australia, should pressure Jakarta to investigate his corruption claims. He also says that human rights officials should be allowed to visit areas where recent military atrocities have occurred.

Reverend Sofyan Yoman (Translation): The Regional Government Secretary has announced that there's about 19 billion in funds that has been used to pay for medicine and also for food, but the fact is people are starving and dying in the jungle. Where is the money going?

Dateline has obtained video-tape testimony from West Papua which paints an even darker picture about what the Indonesian military might be doing with the funds allegedly siphoned off from the autonomy fund. Like East Timor, it appears that the Indonesian military, or TNI, is funding and training militia groups.

Militia Informant (Translation): I can tell you here and now that in Manokwari the military are establishing and organising militias. which are known as Satgas Merah Putih. They have established two bases in Manokwari, in transmigrant areas where there many Muslims.

According to this man, who has given evidence to human rights groups and says he has been targeted for assassination as a result, the militia are being armed in preparation for an attack.

Militia Informant (Translation): Large numbers of bullets in boxes are being stored in workshops in food stalls and by the road. What is the motive or reason for this? So I am convinced that the military is organising militias in these two places and at some stage these militias will become a force used to attack the community as happened in East Timor. This is very worrying to me.

Reverend Sofyan Yoman also believes that the militia is being readied for an attack on Christian West Papuans.

Reverend Sofyan Yoman (Translation): It's not just possible, it's probable.

Every day six boatloads of Muslims arrive in Papua. Every day six white boats, which were purchased with special autonomy funds, bring Indonesian Muslims to Papua, bring Indonesian soldiers to Papua.

As well as the six white ships referred to by Reverend Yoman, regular passenger ferries like this bring large numbers of Muslim settlers to West Papua. Sofyan Yoman says there's an organised policy to resettle large numbers of Muslim immigrants in the territory to dilute its Christian majority. Worse still, Islamic extremists are now targeting the province.

Laskar Jihad Infiltrator (Translation): They spread rumours in particular locations to frighten people. And the third thing -- they spread rumours concerning religious matters so as to create religious conflict.

Speaking on condition of anonymity, this human rights activist told Dateline the story of how he infiltrated the West Papuan ranks of the extremist group Laskar Jihad.

Laskar Jihad Infiltrator (Translation): The sort of activities Laskar Jihad were involved in, in Sorong, were firstly, intimidating and killing Papuans who were involved in the Papua Independence Movement, and secondly, spreading rumours in various places, to create fear.

Laskar Jihad has a violent past. In July 2000, Laskar Jihad fighters attacked Christians on the island of Ambon. After the Bali bombing the Indonesian Government claimed Laskar Jihad had been disbanded, but according to this human rights infiltrator, West Papua already has up to 500 dedicated followers in several training camps. As part of his induction into the Laskar Jihad group in the West Papuan city of Sorong, he was schooled at the local mosque in the group's objectives and methods.

Laskar Jihad Infiltrator (Translation): The truth of Islam had to be made concrete so we had to wage jihad against those who wanted to destroy the Islamist community, both its people and its places of worship. We were taught how to monitor the strength of the religious groups. In particular in Sorong, we monitored places of worship. I don't just mean Christian places of worship but also those of other religions. We were also told to determine the number of neighbourhoods in Sorong where the majority of inhabitants were Christian.

Even more disturbing -- the Laskar Jihad infiltrator told Dateline that his religious teachers would openly discuss their allegiance to al-Qa'ida at the Sorong Mosque. Although we have no way to verify his claims, he says al-Qa'ida received regular reports of the group's activities in West Papua.

Laskar Jihad Infiltrator (Translation): Ultimately their umbrella organisation was the al-Qa'ida network. Because Haji Hassan... I mean Haji Ahmad once said in the Mujaheddin mosque, our network, the Laskar Jihad in Sorong all its activities would be reported to al-Qa'ida.

If Indonesia's security forces needed a trigger to crack down further in West Papua, they were handed one in February. Rallying in the streets of Manikwaru, West Papuan political and tribal leaders demanded an end to the ethnic cleansing and called for United Nations intervention. In an 11-point declaration, they gave Jakarta six months to negotiate a new deal for the province.

Crowd (Translation): Today we demand Papuan Independence, Independence full stop.

With so little international attention directed at their plight, a speedy political solution seems unlikely. The US appears unconcerned about the Indonesian military operations in West Papua and their arming of a civilian militia. Just weeks ago, they reinstated their military training links with Indonesia. According to Reverend Yoman, it's a troubling development, because the sinister hand of the Indonesian army seems to be once again preparing for a bloody religious confrontation.

Reverend Sofyan Yoman (Translation): Wherever there are Indonesian soldiers, the militia and the jihadists are there too. They are inseparable. They are very close.

And the Australian Government is also being criticised for appearing to turn a blind eye to its northern neighbour.

Militia Informant (Translation): Why did the Australians save one Melanesian people, the East Timorese but they have done nothing to save us. We very much hope for help, especially, as I said before, because of the weapons being brought in and the militias being formed. It's all a time bomb.

At some time we Papuans are going to start killing each other, because they are preparing Papuans to confront Papuans.

George Negus: Tomorrow in Canberra, top level ministerial talks begin between the Australian and Indonesian governments. What chance of those allegations being raised? Not high I would have thought. Earlier today, Dateline contacted the Indonesian Embassy and a spokesman told us that, on the face of it, they regarded the allegations in our story as not new.

But, if there was something new, his government would take it seriously and it would be fully investigated. In the meantime, we have made requests for interviews with the appropriate senior Indonesian ministers and hope to speak with them during the next few weeks.

Patsy Spiers: 'Solving this case is in both our interests'

Tempo Magazine - March 8-14, 2005

The attack in Timika in August 2002 not only wounded Patsy Spiers, it also killed Rick Spiers, her beloved husband of 20 years. But the former teacher who taught at the American school in Tembagapura, West Papua, does not want to dwell on tragedy. Instead, she is actively lobbying the US Senate and House of Representatives to pressure the Indonesian government to arrest her husband's killer.

Because Indonesia was seen to be insufficiently serious in solving the attack within the Freeport mining area, the US Department of Defense revoked the International Military Education and Training (IMET) program intended for the TNI (Indonesian Military). That ban has recently been lifted, although the investigation into the Timika case is not complete.

How does Patsy feel about the latest development? Tempo reporter Andari Karina Anom interviewed her last week. Excerpts:

What is your reaction to the resumption of the IMET program by the US government even though the Timika case has not been solved yet?

The Administration has always maintained they want normalized relations with the TNI. It's the US Congress that put restrictions on the full-funded IMET program for the TNI.

Has the US government tried to approach you on this?

I have always known that the Administration wanted the normalization of military ties, so they never had to approach me. I looked upon the IMET ban as an encouragement to the Indonesian authorities to cooperate with our US investigators on the terrorist attack that killed and wounded both Indonesians and Americans in West Papua.

Reportedly, Secretary of State Condoleezza Rice sent an envoy to meet you.

I have met personally with Deputy Secretary of Defense Wolfowitz, former Deputy Secretary of State Richard Armitage, the new Deputy Secretary of State Zoellick, the former Attorney General Ashcroft, FBI Director Mueller, General Made Pastika, General Da'i Bachtiar and the Indonesian Ambassador to the United States. All of those officials have listened to what I had to say, and many asked a lot of questions about the ambush.

What was discussed at those meetings?

I wanted them to know what my agenda was: to have a thorough investigation to find out who ordered and who carried out the ambush. I believe that if the Indonesian authorities and our US authorities work together we will be able to find and bring to justice, in a manner consistent with international standards, those responsible.

Did they offer you compensation so that you would withdraw your demand for the TNI to conduct a proper investigation?

No, I have never been offered compensation or anything. No one has ever suggested that I withdraw.

Do you still regularly meet with the victims or their families?

Before the ambush I was friends with all the teachers. I am in regular contact with all the survivors, and I am in weekly e-mail contact with them. We correspond about our lives.

Do you still have contact with Indonesian NGOs in Papua?

I am in contact with NGOs in West Papua and all over the world. If we all work together by sharing information, I believe we will find those responsible and bring them to justice. I ask all the organization that I am in contact with to communicate any information they may have to the FBI.

What is the latest progress on the FBI's Timika investigation?

The Timika case is ongoing, there is one indictment, but it should not be forgotten that the FBI and the Indonesian Police are pursuing other participants who were involved in that ambush. We need to apprehend the one man indicted, Anthonius Wamang. He needs to be brought into safe custody so that we can begin to know why the ambush occurred and who ordered it.

Has the FBI told you the real result of its investigation?

The FBI has told me that the investigation is not finished. The FBI were able to gather enough evidence to issue one indictment, now I am hoping that the Indonesian authorities will issue an indictment for Wamang's arrest and apprehend him. Solving this case is in both Indonesia's and America's interest.

The shots heard around the world

Tempo Magazine - March 8-14, 2005

The identity of the gunman at Mile 62 is still a mystery. Indonesian Police do not have any evidence with which to arrest the FBI's suspect.

The name of Antonius Wamang, which has long been out of the limelight, is again drawing public attention. This man was named a suspect in the shooting at Mile 62 Tembagapura, Papua, two and a half years ago. The event caused a stir in the United States because two of its citizens-Ted Burcon and Rickey Lean Spier-were killed. One Indonesian by the name of FX Bambang Riwanto was also injured in the incident.

The shooting incident has become a lively issue again due to the reopening of the US military training program for Indonesia (IMET or International Military Education and Training Program). One reason for the reopening was that they considered Indonesia did a good job of handling this tragedy at the Grasberg mountain range.

It is as if the handling of the incident in Timika reflected well on the Indonesian government. Naming Wamang a suspect seemed to further strengthen their image. The naming of a civilian suspect played down accusations that members of the Indonesian Military (TNI) were involved in the "bloody Grasberg" incident. Colonel Ahmad Yani Basuki, Head of the Public Information Office at TNI Headquarters, said that the case involving the shooting of two Americans in Timika is closed. "Investigative findings of the Indonesian Army and Police, as well as the [American] FBI, concluded that no TNI members were involved in the case," he said last Wednesday.

So the name of Antonius Wamang became connected with the incident at Mile 62 Tembagapura on August 31, 2002. He became a suspect after FBI investigators conducted a 21-month investigation. The FBI presented their findings to TNI Commander in Chief, General Endriartono Sutarto, at the end of June 2004.

Quoting the FBI investigators, General "Tarto" said that Wamang was a member of the Free Papua Army (TPM), which is the military wing of the Free Papua Movement (OPM).

The suspicion that the TNI was involved came from the Papua Police Department investigation team, which was led by (then) Deputy Police chief Brig. Gen. Raziman Tarigan. This suspicion was based upon the testimony of Decky Murib-a civilian under the guidance of Indonesia's Army Special Forces-who claimed to be near the scene of the crime. Police investigation of the crime scene strengthened Murib's testimony. However, he recently withdrew his testimony in a slander hearing of the Commander of the XVII/Trikora Military Region vs. Elsham Papua.

Two and a half years have passed since the shooting, but Wamang has still not been brought up on charges, and it is difficult to determine if he is indeed the perpetrator. To this day, inconsistencies between the findings of the Indonesian Police and the FBI have not been reconciled. The police say that they still cannot bring in Wamang because there are no witnesses or sufficient evidence to support the charges. "The evidence is weak, and there are no eyewitnesses," said Insp. Gen. Aryanto Budiharjo, the Head of Public Relations for National Police HQ, last week.

A high-ranking police officer at National Police HQ firmly stated that the police cannot charge Wamang. It was concluded from the crime scene that the perpetrator was not from the OPM. He said that the FBI visited National Police HQ after conducting their investigation. At that time, the FBI stated that Wamang was the gunman. "However, the identity of Wamang was not described.

Details such as where he hails from and his current whereabouts were not mentioned," said the source, who wished to remain anonymous. He became skeptical because the name Wamang is not used among the Timika or Wamena tribes.

Unfortunately, the police officers who investigated the incident at Mile 62 are now reluctant to say anything. Insp. Gen. Made Mangku Pastika, former Papua Police Department chief, for instance, feels that the findings of the FBI investigation, which identified Wamang, do not need to be compared with his investigative findings. "My investigation at that time was limited to the crime scene," said Pastika, who is currently Bali Police Chief.

There is another person who was involved in the investigation, namely former Mimika Police Department chief, Adj. Sr. Comr. Sumardjiyo, who is currently the Chief of Police in Bondowoso, East Java. He said that he was transferred to his present position before the investigation was complete. "At that time, it was not yet known who the perpetrator of the shooting was," he said last week. This statement is a bit different from his explanation to Tempo in 2003. At that time, Sumardjiyo firmly stated that the gunman was not from the OPM.

"From the beginning of our investigation, there has been no indication in the direction of OPM [involvement]," he said (Tempo Indonesian edition 46, November 19, 2003).

Today, proving or disproving the role of Wamang in the incident at Mile 62 may no longer be important -- especially for the United States. Last week, Secretary of State Condoleezza Rice said that IMET was definitely being reopened for Indonesia. The name of Wamang may only be a distant echo among the valleys of Grasberg.

[Tulus Wijanarko, Martha Warta, Mahbub Djunaidiy (Bondowoso), Rofiqi Hasan (Bali).]

Military ties

Renewal of military ties blow for democracy

Tapol Bulletin - March-June, 2005

On 26 February 2005, US Secretary of State Condoleezza Rice "determined that Indonesia has satisfied legislative conditions for restarting International Military and Educational Training (IMET)", a small but symbolically important part of the military relationship between the two countries. The decision is a major blow for Indonesia's fragile transition to democracy.

Human rights campaigners are angry that the US decision was made for strategic reasons associated with the war against terror and ignored compelling evidence that Indonesia has not fulfilled the key condition which required co-operation by the Indonesian military (TNI) with the FBI in investigating the August 2002 killings of two Americans and one Indonesian near the Freeport copper-and-gold mine at Timika, West Papua.

The decision represents a victory for the Indonesian government and those in the Bush administration, led by neoconservative cheerleader and former US Ambassador to Indonesia, Paul Wolfowitz, who have been pushing hard for re-engagement. The US has exploited the improved relations between the two countries following the contribution the American military and aid agencies made to the tsunami relief effort in Aceh.

TNI as abusive as ever

The tsunami relief operation has not, however, changed the nature of the TNI. It remains as powerful, abusive and unaccountable as ever. Secretary Rice's decision is remarkable for the fact that just two days after it was announced, her own department issued its annual country report on Indonesia, which concluded that: "Government agents continued to commit abuse, the most serious of which took place in areas of separatist conflict. Security force members murdered, tortured, raped, beat and arbitrarily detained civilians and members of separatist movements, especially in Aceh and to a lesser extent in Papua."

The problems of the TNI are systemic and unlikely to be addressed by the training of individual officers. The normalising of relations endorses the role of the TNI and encourages its continued resistance to accountability and reform.

Democrat Senator Patrick Leahy, who sponsored earlier conditions requiring Indonesia to bring to justice those responsible for human rights violations in East Timor, said "...the Secretary's decision will be seen by the Indonesian military authorities who have tried to obstruct justice as a friendly pat on the back" [statement issued 28 February 2005].

Given the leading role played by Paul Wolfowitz, the scepticism expressed by fellow neoconservative Ellen Bork in an article entitled "Premature Engagement" was somewhat surprising. She pointed out that although President Susilo Bambang Yudhoyono was himself a graduate of IMET, US officials were reportedly dismayed to discover that 15 military officers allegedly involved in crimes against humanity in East Timor were former IMET students.

Bork argued that "...before any steps are taken, the administration should provide an accounting of past programs and their effectiveness in promoting reform, and outline a strategy that integrates military cooperation into a plan for advancing democracy and human rights in Indonesia" [The Weekly Standard, 19 February 2005].

Unanswered questions about Timika killings

The indictment by the US Department of Justice in June 2004 of an alleged commander of the Free Papua Movement (OPM/TPN), Anthonius Wamang, for the Timika killings left many unanswered questions about the long-suspected role of the military in the deadly attack.

Patsy Spier -- a survivor of the attack which killed her husband Rick - has questioned why Wamang has still not been apprehended despite his whereabouts being known, why Indonesia has not issued an arrest warrant, and why there was no apparent contact between the Indonesian police and the FBI for seven months after the indictment. In February 2004, she was told by Deputy Secretary of State, Dick Armitage, that "cooperation" by the TNI was required until to the "exhaustion" of the Timika case [email communication to members of Congress, 29 January 2005].

It is clear that the case has reached nowhere near exhaustion. Initial investigations by the Indonesian police and the respected West Papuan human rights organisation, ELSHAM provided strong indications that Kopassus special forces officers or other army were units used in the attack.

The evidence suggested that whereas Papuan proxies such as Wamang may have participated in the attack, the operation was conceived and orchestrated by the military.

New evidence of TNI involvement

In a statement issued on 17 February 2005, John Rumbiak, international advocacy co-ordinator of ELSHAM, and US researchers urged Secretary Rice to consider new evidence of military involvement in the attack. They pointed to documentary evidence that the TNI paid for Wamang to visit Jakarta in January 2002 and suggested that the visit may have been to provide Wamang with weapons training. He has reportedly claimed that the attack was planned during this trip. In an interview with the Australian Broadcasting Corporation in August 2004, he admitted buying bullets from the TNI.

ELSHAM says it has evidence concerning two other presumed co- conspirators who helped procure the weapons for the attack. One of the co-conspirators purchased automatic rifles while staying at the Jakarta home of serving TNI officer, Colonel Sugiono, it says. The weapons were stored at the Cikini police station in Jakarta.

Rumbiak and others speculated that the TNI's motive for the attack was to seek higher security payments for protecting the Freeport mine. Such payments are a lucrative source of income for the TNI and the evidence suggests that Freeport made direct payments of up to $2,100 per month into the personal account of the regional military commander for West Papua. These payments were discontinued in the months leading up to the Timika killings. According to a communication from Freeport to the US Securities and Exchange Commission, the company paid the TNI $5.6 million in 2002.

Leahy reaction

Senator Leahy called Secretary Rice's decision "premature and unfortunate". The only reason why there has been progress in the case, he said, was due to pressure from Congress and Patsy Spier. "Now the Secretary, in one of her first acts, has thrown away the last bit of leverage we had." He suggested that Wamang is being left alone because of what he might reveal:

"Why hasn't the one person indicted by the United States, who has confessed to the crime, been indicted and arrested in Indonesia? One can only surmise that since he has implicated the Indonesian military, they don't want the FBI to interview him. This is not cooperation with the FBI, no matter what the Administration says." [statement, 28 February 2005]

Current military ties

Restrictions on IMET, which brings foreign military officers to the US for training, were first imposed in response to the 1991 Santa Cruz massacre in East Timor. All military ties were suspended following TNI involvement in the violent destruction of East Timor in 1999. Conditions were imposed requiring accountability for human rights violations in East Timor and a commitment to civilian control of the armed forces. These conditions were later replaced by the one requiring cooperation on the Timika killings.

The US adminstration has allocated $600,000 for IMET for Indonesia in 2005.

The two countries already enjoy a considerable level of military engagement following the 11 September attacks. Current programmes and activities include expanded IMET (E-IMET) and the Counter- Terrorism Fellowship Program (CTFP). The CTFP for Indonesia is the largest such programme anywhere in the world.

Military exercises and other contacts through officer visits, educational exchanges and port visits also take place. The only remaining restriction will be on the sale of lethal equipment, but that may also be lifted soon.

The point of the bayonet

Tempo Magazine - March 8-14, 2005

Joseph Moakley, a member of the US Congress from the Republican Party, has said: "The US must get out of the business of training the foreign military.

Democracy cannot be taught at the point of a bayonet." However, he made this statement five years ago, when the US military training project known as International Military Education and Training (IMET) was being criticized by international NGOs.

Now, IMET has been reopened. Actually, the IMET program is not the only US military program for foreign nations. In addition to IMET, there are still a number of other programs connected with the sale of weapons, as well as military exchange programs. Specifically, IMET is a grant program which was formed by the US Congress in 1976 as a part of the Arms Export Control Act.

Although the IMET program first started in 1976, training programs for Indonesian Military officers in the US had been underway since the 1950s.

In 1950, Commodore Suryadi Suryadarma, the Indonesian Air Force Chief of Staff at that time, sent 60 cadets to the TALOA (Trans Ocean Airlines Oakland Airport) flight school in California. A number of young officers who were sent there went on to become Air Force chiefs of staff, such as Air Marshal Omar Dhani, Air Marshal Sri Mulyono Herlambang, and Air Chief Marshal Saleh Basarah.

A number of high-ranking Indonesian Army officers have also studied in the US. The late General Ahmad Yani, former Army Chief of Staff General Soerono Reksodimedjo, former Head of the State Intelligence Coordinating Agency (Bakin) Lt. Gen. Soetopo Juwono, former Coordinating Minister for People's Welfare Lt.

Gen. Alamsyah Ratuperwiranegara, and dozens of other TNI (Indonesian Military) officers are graduates from the US Army Command and General Staff College in Fort Leavenworth, Kansas.

President Susilo Bambang Yudhoyono is one officer from the National Military Academy (now Akabri) who completed his military education in Kansas.

Other graduates from Fort Leavenworth include former Army Chief of Staff General (ret) R. Hartono, former Head of Territorial Staff Lt. Gen. (ret) Agus Widjojo, and former Commander of the Army Strategic Reserves Command the late Lt.

Gen. Agus Wirahadikusumah. "Over there we learned a lot about how to use logical reasoning in critical fashion," said Agus Widjojo.

Before beginning the advanced education in the US, Indonesian officers usually have to study English at Lackland Air Force Base in San Antonio, Texas. "All branches of the armed forces must study there first," said Air Vice Marshal Zacky Ambadar, a former Commander of the National Air Defense Command.

From here, they would spread out depending on which branch of the armed forces they were from, as well as their military function.

The United States has made many schools available to Indonesian Army officers. For the infantry, young Indonesian officers are usually sent to Fort Benning, Columbus, Georgia. This is the headquarters of the US Army Infantry Training Brigade, US Infantry School, Ranger Training Brigade, Airborne School, and the School of the Americas, which recently changed its name to the Western Hemisphere Institute for Security Cooperation after being criticized on account of many of its graduates becoming human rights violators.

Officers from the Army Special Forces usually take courses at Fort Bragg, North Carolina. The former Commander of the Indonesian Armed Forces, the late General L.B. Moerdani, also studied at this headquarters of the Green Berets.

Those in the cavalry study at Fort Knox, Kentucky. Artillery officers study at Fort Sill, Oklahoma, while army pilots take up flight lessons at Fort Rucker, Alabama. The military police are educated at Fort Gordon, Georgia. In these forts, TNI officers take up education which is similar to special training and advanced course for officers in Indonesia.

In addition to this, there are nine US Air Force bases that accept young TNI officers as flight students. Zacky Ambadar, for example, studied at Vance Air Force Base (AFB) in Oklahoma. There is also Laughlin AFB and Shepperd AFB, both of which are in Texas. Maxwell AFB in Georgia offers a course at the level of the Indonesian Air Force Command and Staff School and Air War College for Indonesian officers. However, not many educational choices are available for the Indonesian Navy. One of them has even become a place for intelligence courses at the US Navy's Little Creek Base in Virginia.

When the IMET was criticized for teaching too many lethal skills, the US Congress formed E-IMET (Expanding IMET), which taught more non-combative skills, such as negotiation skills, civilian- military relations, the laws of war, and others. However, behind Congress's back, training in lethal skills continued under the name JCET (Joint Combined Exchange Training).

Now the IMET program is being reopened because, in the eyes of the US, Indonesia has met certain conditions of reform. So, the decision to open or close the program depends on whether or not the point of the bayonet benefits the US.

[Hanibal W.Y. Wijayanta.]

Reconciliation & justice

Victims of 1965 tragedy to sue five presidents

Kompas - March 12, 2005

Jakarta, Kompas -- Victims of the 1965 tragedy -- who are still stigmatised as members of the Indonesian Communist Party or its affiliated organisations -- are suing Indonesia's five presidents, former presidents Suharto, B.J. Habibie, Abdurrahman Wahid and Megawati Sukarnoputri, and President Susilo Bambang Yudhoyono. One of the demands of the victims is revoking all regulations which still discriminate against them.

The suit has already been filed and received by the Central Jakarta State Court clerk of courts and assigned case number 238/SK/LBH/III/2005. The victims were accompanied by their legal council from the Jakarta Legal Aid Foundation (LBH). At a press conference at LBH Jakarta on Thursday March 10, the director of LBH Jakarta, Parulian Sihombing and LBH Jakarta staff member Gatot explained that prior to this the victims had already requested assistance from the National Human Rights Commission and the People's Representative Assembly.

The suit is being presented by a group who were forced to resign from their jobs; a group which has yet to receive their civil service, armed forces or police pension payments; a group of veterans who's allowances and services as national heroes were revoked; a group who's land and property was seized; a group who were removed from school or unable to continue their education because they were accused of not having a clean environment(1) and; a groups who's artistic creativity was obstructed and were prohibited from publishing their ideas. (VIN)

Notes:

1. Clean environment (bersih lingkungan) - a phrase to denote a person as "pure" from any possible communist influence.

[Translated by James Balowski.]

SBY told to summon AG over general's Timor acquittal

Jakarta Post - March 10, 2005

Tiarma Siboro, Jakarta -- President Susilo Bambang Yudhoyono has been urged to summon Attorney General Abdul Rahman Saleh over an Army general's acquittal of human rights violations in the 1999 East Timor carnage.

The Supreme Court recently upheld the acquittal by the human rights tribunal of Brig. Gen. Tono Suratman, who was the chief of the now defunct Wiradharma military command in Dili, East Timor, when military-backed militias ravaged the former Indonesian province during a 1999 independence vote.

On Monday, a panel of justices upheld Tono's acquittal of all charges after a team of prosecutors led by Gabrial Simangunsong failed to submit legal arguments to the Supreme Court to persuade it to convict the one-star general.

The prosecution team had sought 10 years in jail for Tono, but in May 2003 the ad hoc human rights tribunal acquitted the defendant of all charges. Gabrial appealed to the Supreme Court but failed to submit any legal arguments before the elapse of the two-year deadline.

Usman Hamid from the National Commission for Missing Persons and Victims of Violence (Kontras) said on Wednesday that the Attorney General's Office (AGO) must explain why such "negligence" had happened. President Susilo should summon Rahman to find out whether the "negligence" had in fact been deliberate in order to ensure Tono's freedom, Usman added.

Sharing Usman's view was human rights lawyer Mugiyanto. He accused the government of lying to the public and the international community by failing to provide justice to the victims of the East Timor carnage and by not jailing those figures responsible for the violence.

Monday's ruling on Tono means that 17 defendants in the East Timor trials have walked free. Former militia chief Eurico Gutteres, who received 10 years in jail, is the only defendant left appealing against his conviction to the Supreme Court.

Tono freedom was secured only a month after the United Nations unveiled a plan to conduct its own inquiry into the 1999 rampage, in which Indonesian-backed gangs are accused of killing about 1,000 East Timorese.

Human rights/law

If BIN involved in Munir case action will be taken

Detik.com - March 16, 2005

Astrid Felicia Lim, Jakarta -- The Fact Finding Team in the case of Munir which was formed by national police headquarters has said that two perspective suspects in the murder are officers of the National Intelligence Agency (BIN). BIN chief Syamsir Siregar says that if there is evidence that his people are involved legal action will be taken against them.

"We're not going to talk about indications, but evidence. However if supposing there is [BIN officers] involved, yes, we will take legal action", said Siregar when stopped by journalists following a closed working meeting with the People's Representative Assembly (DPR) Commission I in Senayan, Central Jakarta, on Wednesday March 16.

Siregar however chose to deny [the allegations saying] that his agency is not involved in the case. "I have been quite extensively involved in uncovering the [truth behind the] Munir case, both within and outside of BIN. At this time there is still no evidence of the involvement of BIN or a member of BIN in this case", he explained hurrying towards his official car.

Siregar admitted that he has already met with the DPR investigation team and the Fact Finding Team and so far there is no evidence leading to BIN.

When asked again about indications that two members of BIN are involved as has been announced by the Fact Finding Team, Siregar declined to comment at length. "Don't ask me, ask the person who said it. But there has never been anyone from the police who has spoken about it", said Siregar.

As has been reported, Usman Hamid, a member of the Munir case Fact Finding Team has said that two BIN officers are potential suspects in the case. However the matter still requires further verification. The other potential suspects are four Garuda airline employees including Garuda pilot Pollycarpus.

Munir died on a Garuda flight on September 7 2004. At that time BIN was still headed by A.M. Hendropriyono. Siregar only took on the post in December 2004 along with the Susilo Bambang Yudhoyono's election as the president of Indonesia. (nrl)

[Translated by James Balowski.]

BIN will take action if officers are involved in murder

Tempo Interactive - March 16, 2005

Agus Supriyanto, Jakarta -- National Intelligence Agency (BIN) chief Syamsir Siregar has objected to remarks that BIN is involved in the murder of human rights activist Munir. There are suspicions that the murder is part of a criminal conspiracy and that BIN in involved.

"Don't talk about indications, but talk about evidence which has been found. There has been no evidence so far of BIN's involvement in the Munir case", Siregar told journalists following a meeting with People's Representative Assembly (DPR) Commission I at the national parliament in Senayan on Wednesday March 16.

Siregar also declined to give the names of the BIN officers who are involved in Munir's murder when the question was put to him by journalists. "Don't ask me okay, ask the person who's saying so", he said.

The Fact Finding Team in the case of Munir's murder has submitted the names of six suspects. Two of the names are from BIN and four from Garuda Indonesia airlines -- the executive director, the vice-president of corporate security, Garuda pilot Pollycarpus and the secretary chief pilot of airbus 330.

Siregar will hand the case over to the appropriate authorities if the Fact Finding Team finds evidence that a BIN officer is involved in Munir's murder. "If indeed there is (a member of BIN which is involved) we will take legal action okay. If there is evidence [to that effect] why not", he said.

Siregar admitted being involved in the investigation of Munir's murder saying that BIN has been significantly involved in the case, both within Indonesia and overseas. According to Siregar, BIN is also open to meet with the investigative team/DPR's special committee as well as the Fact Finding Team if they require information from BIN.

The closed meeting held by the DPR Commission I had invited Siregar to answer a number of question in relation to BIN's involvement in Munir's murder which is presently the subject of intense public discussion. But before all of the questions could be answered by Siregar however, the meeting was closed at 12.30pm and postponed until Wednesday March 23 next week. The DPR had to cut short all of the commission meetings because there is to be a plenary meeting on the issue of fuel price increases.

[Translated by James Balowski.]

Criminal Code revision draws more flak

Jakarta Post - March 16, 2005

Hera Diani, Jakarta -- Already the subject of widespread criticism from liberals, the draft revision of the Criminal Code has sparked further protests for being too harsh on crimes committed by citizens but failing to deter the state from practicing violence.

The Institute for Policy Research and Advocacy (ELSAM), a non- governmental organization, said the draft poses the danger of overcriminalization, which could lead to the misuse of criminal sanctions.

"The Criminal Code is no longer perceived as an ultimate response to crime but as a repressive instrument at the disposal of the state. Instead of emphasizing the protection of individual rights, it preserves the political interests of the state and certain majority groups," ELSAM director Ifdhal Kasim told a media conference on Tuesday.

Such overcriminalization, for instance, was apparent from Article 209 to Article 212 on crimes against the state ideology.

The articles pertain to the spreading of communism, Marxism and Leninism, as well as other ideas that might threaten the state ideology Pancasila, including through media publications, and carry a maximum penalty of 10 years' imprisonment.

While being excessively accommodating to the interests of the state, the new draft failed to recognize crimes committed by the state or government.

Ifdhal said there should, for instance, be provisions criminalizing state officials who intentionally abused their power or facilities to commit crimes. It also needed to impose penalties for human rights violations committed by the government, he added.

Besides that, many articles appeared to restrict freedom of thought and expression, including press freedom. "Just like during the New Order regime, the draft seems to be aimed at criminalizing the political opponents of the government," said Ifdhal.

Other articles that have been criticized include those on public morality, especially the proposed sanctions for possessing pornography, kissing in public places, adultery and unmarried couples living together. "These articles set up victimless crimes. These things are connected with ethics, manners and norms and should not be categorized as crimes," Ifdhal said.

The revision was drafted in response to demands that have been raised since the 1960s for an overhaul of the Criminal Code as the existing Criminal Code was enacted by the Dutch East Indies administration in 1886, and has been criticized as being flawed and outdated.

The government has been working on a new code since the early 1980s, but it was only in January that the job was finally completed.

Compared to the existing code, which consists of 569 articles, the draft revision has 727 articles, and contains provisions on terrorism, gross human rights abuses and environmental destruction.

However, many have criticized the draft as being excessively repressive, saying it interferes too much in people's private lives, while others say that some articles would limit freedom of expression and contravene human rights laws.

The draft also maintains the death penalty, which human rights groups around the globe perceive as being barbaric. There are at least 13 articles stipulating the death sentence, including for first degree murder, terrorist offenses and gross human rights violations.

"The death penalty is against the second amendment to the 1945 Constitution. This provides a constitutional guarantee for the right to life," Ifdhal said.

Other flaws in the draft, he added, were the unclear criteria used in determining penalties.

The draftsmen revised certain articles that were in the public spotlight, while the rest were left untouched and thus remain outdated. One example of this concerned crimes committed on public transportation, such as aircraft, which have come to prominence since the murder of human rights defender Munir.

"Minister of Justice and Human Rights Hamid Awaluddin has promised to put this draft on his priority list for deliberation. Therefore, we would urge the government to revise the draft so as to make it more democratic and accommodating of individual rights," Ifdhal said.

Examples of over criminalized articles in the draft revision of the Criminal Code Article 209: Any person who violates the law by spreading or promoting through the media, verbally or in writing the principles of communism or Marxism-Leninism, with the intention of changing or replacing the state ideology Pancasila, faces a maximum penalty of 10 years in jail.

Article 212: Any person who violates the law by demonstrating the intention verbally, in writing or through the media of abolishing or changing Pancasila in such a way as to create public disorder, loss of life or material losses may be sentenced to up to 15 years in prison.

Article 308: Any person found to have disseminated uncertain, exaggerated or incomplete news that could cause social disorder may be fined up to Rp 30 million (US$3,300) or jailed for up to one year.

Article 400: Anybody who verbally or in writing mocks the state authorities and institutions so as to result in social chaos may be imprisoned for up to two years and fined Rp 30 million.

Article 476: A maximum penalty of 10 years imprisonment and a fine up to Rp 300 million may be imposed on any adult who in a public place reveals any private part of the body, goes naked, locks lips, dances erotically, masturbates or simulates masturbation, or has intercourse or simulates acts of sexual intercourse.

Munir case could poison Garuda's reputation

Jakarta Post - March 14, 2005

Kornelius Purba, Jakarta -- Soon after reading a magazine cover story about the alleged poisoning of human rights activist Munir during a Garuda flight, a woman came up with a suggestion to help the airline convince future passengers they weren't being poisoned.

"Before serving food and beverages, flight attendants should taste the food and drinks in front of passengers. If nothing happens to them after five minutes, the flight attendants can then serve the passengers," she wrote as if it were a doctoral presentation.

Garuda has said that Munir's death on one of its planes has not affected passenger load. And all Indonesians hope the airline will be cleared of any role in the activist's death, because, after all, no one wants to think the national flag-carrier is involved in the poisoning of passengers.

What Indonesians want most is for the authorities to find and punish those responsible for this tragic death. An autopsy performed by the Dutch authorities discovered excessive levels of arsenic in Munir's body, who died two hours before his plane landed in the Netherlands on Sept. 7 last year.

A government-sanctioned fact-finding team has alleged that top executives at Garuda were involved -- directly or indirectly -- in the death of the outspoken activist. There have also been allegations that a Garuda pilot is linked to the killing.

Munir is thought to have been poisoned through food served during a Garuda flight from Jakarta to Amsterdam, with a transit stop in Singapore. The national flag-carrier has denied all allegations, and we must keep in mind that only a court of law can determine who is responsible for Munir's death. But passengers also have the right to know that they will receive edible and poison-free food during their flights.

Garuda's food is OK, especially on its international flights. But after the Munir poisoning, flight attendants will hopefully not be offended if passengers ask: "Will I still be alive after eating this?" Airports and airlines imposed tough security measures after the Sept. 11 tragedy to ensure the safety of passengers. At several airports, not just in the US but even in Jordan, passengers are required to take off their shoes and belts before boarding a plane. Before taking off, passengers are told everything they cannot do during the flight, like using a cellular phone or smoking in the lavatory. Now, perhaps, passengers on Garuda planes will also ask to be assured that, "Munir will be the first and last person to be poisoned on one of our flights." What guarantee can the airline offer passengers? "Our president will drink poison in public if any more poisonings occur." The poisoning of passengers is not new in Indonesia, but before Munir it was only bus and train passengers who were poisoned. Most of the victims drank spiked water given to them by criminals with an eye on their belongings.

Munir, who was flying to the Netherlands to continue his legal studies, upset many people in the Indonesian Military (TNI) with his allegations of rights abuses by the TNI. Munir's wife and children, and all Indonesians who still believe in truth and justice, demand that his death be solved.

President Susilo Bambang Yudhoyono has promised (one of many promises the President has already committed himself to) that he will not let Munir's killers walk free.

So, all I can say is avoid poison, but please continue to fly. Maybe the best solution would be to refuse any food or drink during your flight, which is easy on short hops but more difficult during long journeys. Or perhaps it would do to bring your own food.

If I was a flight attendant, I would always assure my passengers: "As far as I know there is no poison in this food. If you don't believe me, let me have the first bite and you can eat the rest."

US lawmakers consider future of democracy, human rights

Voice of America - March 11, 2005

Dan Robinson, Washington -- US lawmakers have been considering the future of democracy in Indonesia. At a congressional hearing, US officials advocated continuing support for Indonesian democratization, while some lawmakers criticized the planned resumption of US military training aid to Jakarta:

Opening the hearing of the House Asia-Pacific Subcommittee, Congressman Jim Leach said Indonesia has shown that it is managing a dramatic transition from a corrupt era to democracy.

Noting three elections in Indonesia, he says Indonesians should be proud of this progress which would have been unimaginable three years ago, and in which a civil Islamic society played a key role.

At the same time, Mr. Leach says challenges lie ahead for Indonesia's President and other leaders. "We wish them success in promoting economic growth, resolving peacefully separatist and communal conflicts, improving implementation of de-centralization and regional autonomy, improving the human rights record and accountability of security forces, combating terrorism and ensuing that institutions that wield public power are fully accountable to the people of Indonesia," he said.

In testimony to the committee, US Deputy Assistant Secretary of State for East Asia, Marie Huhtala, said Indonesia's President (Susilo Banbang Yudhoyono) has a strong mandate. "He has articulated an ambitious program to reform the military, fight terrorism, and control corruption. We want to see him succeed," he said.

Some lawmakers in Congress are angry the Bush administration has re-certified Indonesia for a resumption of US military training funds, known as IMET, a decision formalized by Secretary of State Condoleeza Rice.

In Thursday's hearing, Eni Faleomavega who represents American Samoa in Congress, spoke against the decision. "Even in the aftermath of the devastation caused by the recent tsunami, the media has reported that the Indonesian military has withheld food and humanitarian assistance from those believed to be pro- independence. The US must not and cannot turn a blind eye to these abuses or Indonesia's repression of the people of Aceh and West Papua," he said.

State Department official Huhtala says the Indonesian military for the most part performed well after the tsunami disaster and did not attempt systematically to block relief or siphon off aid.

She says the United States continues to stress, and help Indonesia with, democracy-building and human rights. "Indonesia's human rights record is mixed and there is much to be done. That said, there has been progress, including an increased willingness among the Indonesian army to hold their own service members accountable for human rights violations," he said.

She says training funds will help make up for lost time in helping educate Indonesia's military in respect for human rights after a gap of 15 years.

A response on the human rights front came from Edmund McWilliams, a former US diplomat now with the Indonesia Human Rights Network. "We have in Indonesia a new government, a fragile fledgling government, that unfortunately is not prepared or not capable of defending fully the fundamental human rights of their own people. The principal menace to those fundamental human rights and also to this government is posed by essentially the Indonesian military," he said.

US officials say they believe the tsunami disaster has been a catalyst for negotiations between Indonesia's government and rebels in Aceh province, a point emphasized in testimony Thursday.

A former US Ambassador Alphonse La Porta, now heading the US-Indonesia Society, says the United States should help foster debate about the role of Islam as Indonesia moves forward. "There is a vigorous debate in Indonesia today about the role of Islam in both national and personal life of Indonesians, and I think the United States should support that in every possible," he said.

Elsham wins international award

Jakarta Post - March 10, 2005

Jayapura -- Human rights group Elsham Papua has won an international accolade for defending human rights.

The acting chairman of Elsham Papua, Aloysius Renwarin, said that the accolade came from the Regional Rights Resource Team, which is affiliated with the United Nations Development Program (UNDP). "Elsham has won the Organization Category. We won the Pacific area award, as the team has appreciated our work in defending human rights in Papua," said Renwarin, adding that it was the first award received by the organization.

Elsham was established in 1998. The rights group was presented with a certificate and a cash award of 2,000 Fiji dollars, which was handed over to Elsham representative Rex Rumakiek at a ceremony held in Fiji last February.

Labour issues

Activists stand up for maids

Jakarta Post - March 16, 2005

Jakarta -- Indonesians must change the way they perceive domestic chores and show their maids more appreciation, activists say.

Tati Krisnawati of the National Commission of Violence against Women (Komnas Perempuan) said that the way domestic workers were treated needed a "revolution" in gender perspectives.

"Domestic chores are still considered the sole responsibility of women. The public should start a discourse to make people understand that the responsibility should be shared between men and women, which would lead to an improvement in relations between both sexes," she said.

She stressed that people should realize that domestic workers contributed a lot to other people's achievements, such as by giving their employers the chance to work outside the home and make successful careers for themselves.

Maria Pakpahan of the International Labor Organization (ILO) said that domestic workers should be treated as professionals and be accorded the dignity and the same rights as other workers enjoyed.

"Define their work. You can't expect to have a maid who can clean the house, take care of your baby or your parents, wash the car and mind the house all at the same time on a low salary, can you? If you can't pay them well, at least give them their rights," Maria said.

Aida Milasari of women's organization Gema Rumpun Perempuan added that most working people tended to avoid household chores and preferred to hire a maid on a low salary.

"Even if your salary is only Rp 1 million (about US$109), you still prefer to hire a maid, which may cost you only Rp 150,000 a month, with her having to work from dawn till dusk. Doesn't that make you feel good?" she said.

She encouraged employers to pay their domestic workers adequate salaries based on the prevailing local minimum wage, give them holidays and cover their health care expenses.

"Many people object to my idea as they say they cannot afford to pay their maids Rp 700,000 or Rp 1 million per month. So I have come up with a solution -- if the maids are staying in the house, provide for them properly and give them three meals a day, then you don't have to pay them the minimum wage. But I think the ideal figure is about Rp 400,000 a month," she said.

Aside from giving them the right to take holidays, Aida also said that employers should give "tips" to their maids to give them a chance to go out of the house and spend some valuable time away from work.

"They send all their money to their families in their home villages so they cannot use it to go out and have fun. Employers must consider giving them tips so that they can take a holiday," she said.

Roka, who works with a private sector firm and employs a live-in housemaid, said she gave her maid the day off on Sunday, but objected to giving her a wage increase or tips.

"I think she already gets what she needs," Roka said.

Workers suffering most because of price increases

Tempo Interactive - March 13, 2005

Badriah, Jakarta -- Workers claim that as a group they are suffering most because of the government's decision to increase the price of fuel on March 1 which has flowed on to increases in the price of basic goods.

"Workers must stretch their wages [even further] for every increase in the price of basic goods from fuel increases", said the action coordinator and chairperson the women's division of the Federation of Independent Trade Unions (GSBI), Emelia Yanti MD, on Sunday March 13.

Earlier this afternoon, around 200 GSBI workers went to the State Palace in Jakarta where Yanti gave a speech from on top of a pickup truck in front of her colleges, most of whom were women.

"The government doesn't side with the poor but with the capitalists. SBY [President Susilo Bambang Yudhoyono] hasn't made the interests of the people a consideration in [formulating] government policy", she said. The government's reasons for cutting fuel subsidies in order to pay for education and health she said, is a deception and a lie to the people.

She said that the Jakarta provincial minimum wage of 711,834 rupiah per month which was set by Jakarta governor Sutiyoso on November 12 has further increased the burden on workers. "The 2005 minimum wage is very far from being enough for a decent livelihood, even less so with fuel [price] increases", she said. What's more she said, workers must pay for rent, transportation, food and clean water.

The economic burden on workers has also grown as a result of factory closures and the relocation of industries overseas such as PT Idola Bangun Idea, PT Megaria Mas Sentosa and PT Victoria. "They have yet to pay [their workers'] wages or severance pay", she said.

In addition to this, mass dismissals as a result of ending the textile quota agreement on international markets in January also influenced workers' lives as well as companies now preferring to employ contract workers or to outsource. "Leaving it easy to be sacked", she said.

[Translated by James Balowski.]

Workers demand higher salaries

Jakarta Post - March 10, 2005

Batam (Riau) -- Some 2,000 hotel and entertainment workers in Riau Islands province staged a protest on Wednesday in Batam, demanding that the government raise the minimum wage in the area.

The increase in the minimum wage should follow on the increase of fuel price, the protesters said.

"The fuel price hike has led to increases in the price of basic necessities, making these basic necessities unaffordable for us," said Joko, a protester who works as a bell boy in a local hotel in Batam.

Activists call for ruling to protect domestic workers

Jakarta Post - March 10, 2005

Jakarta -- The fact that no single law exists to ensure the rights of domestic workers is endangering the rights of millions of maids across the country, activists said on Wednesday.

"This is a sensitive issue for our policymakers, because if they regard them as formal workers, they would have to give them the same rights as other workers, such as paying them in accordance with regional minimum wage regulation, giving them holidays and leave, fixed work hours and contracts," Aida Milasari of non- governmental organization Rumpun Gema Perempuan said.

MB Wijaksana of Jurnal Perempuan (Women's Journal) said the absence of such a law was ironic, considering that domestic workers benefited the government by reducing the number of unemployed.

"There is no law at the national level at all that can give them protection -- socially, economically or legally -- to work in Indonesia, even though their work reduces the unemployment rate by a quarter," he said.

The long-running issue of the lack of protection for maids against abuse by employers resurfaced following reports on Tuesday in this paper that an Indonesian woman had been jailed in the US for nearly four years for forcing an Indonesia made into virtual slavery.

Wijaksana said that Law No. 13/2003 on manpower does not mention domestic workers while Law No. 23/2004 on the eradication of domestic violence touches only on physical abuse, not on working relations.

Jurnal Perempuan said in a recent edition that the number of domestic helpers was about 2.5 million, employed by 5.41 percent of families in Indonesia. The number almost equals one-quarter of the number of unemployed people, which is about 9.5 million.

He and Aida welcomed the punishment meted out to the Indonesian woman by the US court for abusing her maid.

"That's something that we have to learn to do here, let alone exceeding working hours. Even if a maid gets raped, beaten or even killed, perpetrators here do not get the punishment they deserve," Aida said.

According to the 39th edition of Jurnal Perempuan, published on Tuesday, if legal protection is not provided immediately, the problems suffered by the domestic workers could lead to a new form of slavery.

"Domestic workers have vulnerable working relationships and weak bargaining positions," said the journal in its most recent edition themed Domestic Workers.

However, Wijaksana pointed out that several provincial administrations had drafted regulations to protect domestic workers, which shows that they are more progressive than the central government.

"Jakarta has already issued Bylaw No. 6/1993 on the welfare of maids, Yogyakarta is discussing a draft on domestic workers, and I heard that Manado also regulates domestic workers in its bylaw on human trafficking," he said.

However, he criticized Bylaw No. 6/1993, saying it did not protect domestic workers because it mainly regulated the fees levied by recruitment agencies in order to garner more income for provincial coffers.

Both activists agreed that the draft being discussed at the Yogyakarta Regional Council was the most progressive since it contained definitions of the work involved, obligatory contracts, minimum working age, holidays, work hours and punishment for parties who violate the bylaw.

"But it would be more effective if we had a law on the protection of domestic workers at the national level," she said.

Students/youth

Students stage hunger strike

Jakarta Post - March 10, 2005

Bandung -- At least 15 students in Bandung have begun a hunger strike on Wednesday, as prolonged street protests against the fuel price hike fall on deaf ears.

Macko, a hunger striker, said that the students would stay on the hunger strike until the government canceled the fuel price increase. The students are staging the hunger strike in tents erected in front of the West Java governor's office, and claim to represent seven student organizations, including the Indonesian National Student Movement (GMNI) and the Indonesian Muslim Student Union (PMII).

War on terror

Suspect 'planned and executed' embassy bombing

Kyodo News - March 12, 2005

An Indonesian militant arrested in the southern Philippines late last year allegedly "planned and executed" the blast outside the Australian Embassy in Jakarta in September, a top Philippine police intelligence official said today.

Ismael Rafanan, intelligence chief of the Philippine National Police, said Indonesian police helped Philippine authorities in uncovering the true identity of Didi Resdiana.

"He [Resdiana] underwent training in demolition and explosives in West Java in 2003. He was one of the three who planned and executed the bombing of the Australian Embassy," Rafanan said.

Resdiana was earlier identified as Ted Yolanda, a Malaysian, when presented to the media on February 24 with two Indonesians. The three are suspected members of regional extremist group Jemaah Islamiyah.

Police said the three were arrested on December 14 as they stepped off a passenger vessel in the southern port city of Zamboanga from nearby Tawi-Tawi Province.

Philippine police officials described the three Indonesians as "seasoned bomb experts" who came to the country to mount car bomb attacks and suicide bombings in the capital and key southern cities last Christmas.

Police seized cash totalling $US7,000 ($A8,850), guns, bomb- making materials, training manuals and propaganda materials in Arabic and English from the suspects.

In the absence of an anti-terrorism law, the four are facing charges of illegal possession of firearms and explosives and violation of immigration laws.

Their arrests confirm the continued presence of JI militants in the Philippines and their possible collusion with radical Muslim separatists in the restive south.

JI is a South-East Asian-based terror network with links to Osama bin Ladin's al-Qaeda. The network recruited and trained extremists in the late 1990s, including in the southern Philippines, with the goal of creating a pan-Islamic state comprising Brunei, Indonesia, Malaysia, Singapore, the southern Philippines and southern Thailand.

The military believes JI has maintained links with the country's secessionist Moro Islamic Liberation Front.

Indonesia's trial by terror

Asia Times - March 12, 2005

Bill Guerin, Jakarta -- Indonesia's legal system itself is in the dock following the seemingly light sentence given last week to its best-known militant, Muslim cleric Abu Bakar Ba'asyir. On March 4, Ba'asyir was convicted by a Jakarta court to 30 months in jail for his part in the 2002 Bali bombings that killed 202 people. Although the judges said Ba'asyir had masterminded the bombings, they backed down from issuing a harsher sentence and declared that the cleric had "committed the crime of evil conspiracy".

The trial was claimed to have been a test case for Indonesia's judicial attempts to grapple with terrorism, but in the days since the trial ended very few have praised the fact that Ba'asyir was even convicted.

Instead, the light sentence has drawn fire. Within hours of the verdict, Australia's Foreign Minister Alexander Downer, who has described Ba'asyir as a "loathsome creature", said the cleric "without any doubt" had been "a spiritual inspiration to Jemaah Islamiyah in Indonesia" and played a role in the bombings.

The US said it was "disturbed" by the sentence. "We believe these results are not commensurate with Ba'asyir's culpability," US State Department spokesman Richard Boucher said. Prosecutors had produced "substantial evidence [against the cleric], which we found convincing," he added.

Though others might argue over whether the evidence was "convincing", what the US and Australia were really asking was whether the sentence meant Ba'asyir was only a little guilty, or, for the purposes of this mathematical conjecture, only 32% guilty (he was sentenced to 30 months against a prosecution demand of eight years).

Pressure on judges

Chief Judge Soedarto and four other government-appointed judges, all of whom also acted as the jury, are now open to the suspicion that pressure had been exerted on them to tread softly. Were they being careful not to upset Muslim sensitivities? Were they scared for their safety if the punishment they issued was in fact commensurate with the crime?

After all, Supreme Court Judge Syafiuddin Kartasasmita was gunned down in cold blood for making a ruling against powerful playboy Tommy Suharto, the youngest son of former president Suharto. Were they intimidated by the bearded preacher's threats that they would live in "eternal damnation" if they found him guilty? Ba'asyir's reaction to the verdict was to exclaim, "I'm being oppressed by people from abroad and at home. They consider Islamic law to be a shackle and are slaves to immoral behavior. Allah, open their hearts or destroy them!"

Yet such speculation is of little use. The essential point is that this case differs little from most other high-profile cases in Indonesia, where judges are subject to enormous pressure to hand down a politically acceptable ruling. The severity or lightness of the sentence frequently does not match the judges' findings. Often judges will rule in a suspect's favor or deliver a sentence they know is likely to be overturned on appeal.

US and Australian criticism of the sentence is understandable and legitimate, but at the same time Washington's withholding of key witnesses was instrumental in leaving the prosecutors without much of a leg to stand on. Washington's stubborn refusal to allow Indonesian law enforcers to grill top terror suspect Nurjaman Riduan Isamuddin, better known as Hambali, the suspected operations chief for Jemaah Islamiah and the key link to al- Qaeda, is inexplicable. Hambali remains in the hands of US authorities at a secret location following his arrest in Thailand in August 2003.

The sentence, Indonesia may argue, was determined by the weakness of the case -- but this differs greatly from judicial proceeding in the US, Australia and other Western countries, where it is the verdict, not the sentence, that depends on the strength/weakness of the case put forward by the state.

A prosecution without evidence

Most commentators agree that it was a mistake for prosecutors to bring Ba'asyir to trial in the first place, given the flimsy evidence and reluctant witnesses they were able to parade before the judges.

A fair assessment of the weight of the evidence is the standard by which cases are judged in most of the Western world, but the best prosecutors came up with was an alleged conversation with convicted Bali bomber Amrozi in 2002.

The prosecution had planned to charge Ba'asyir under articles 14, 15, 17 and 18 of Anti-terrorism Law No 15/2003 for planning, abetting and perpetrating terrorist attacks. He could have faced capital punishment. But plans to seek the death penalty were quickly abandoned after a team of 14 prosecutors failed to come up with sufficient evidence to back the primary charge that Ba'asyir had incited others to commit acts of terrorism and a series of witnesses withdrew testimony or refused to give evidence naming him as the leader of regional terrorism network Jemaah Islamiyah (JI). Prosecutors eventually sought a sentence of only eight years in jail.

Not one witness gave corroborative evidence that Ba'asyir had ordered, or even given his blessing, to the Bali or JW Marriott hotel bombings for which he was charged. Others even reversed their earlier testimony against him.

Ba'asyir's lawyers claimed he could not have been convicted on the weight of this evidence in a criminal court in either Australia or the US. The cleric's lawyers have now lodged an appeal. The appeal, which must be finalized within three months, argues that the verdict was solely based on a police statement purportedly made by another convicted Bali bomber, Mubarak, whose veracity was not proven during the trial.

According to that statement, Mubarak said that at a meeting with Ba'asyir in Solo before the Bali bombing Amrozi asked the cleric: "What if my friends and I hold an event in Bali?" To which Ba'asyir is said to have replied: "It's up to you. You are the ones who know the situation on the ground." Mubarak refused to testify in court, however, and Amrozi wasn't called, forcing prosecutors to rely on Mubarak's statement alone.

Should that great bulwark of democracy, the jury, have been in place, and 12 good and upright citizens listened to the weak argument of the prosecutors, the odds are that Ba'asyir surely would have been declared not guilty. One suspects the court's reliance on sworn testimony based on an overheard conversation would be seen as comical in other circumstances.

"I've all along felt that it was a mistake to put him on trial [again], because I think they haven't got enough evidence," said Harold Crouch, an Indonesia expert at the Australian National University in Canberra.

If the appeal pays off, and the Supreme Court throws out Ba'asyir's conviction, even more scorn will be poured on the Indonesian authorities.

Problems in the legal system

Corruption is the most common focus of attention in discussions regarding Indonesia's legal system. Judicial corruption and corruption in other elements of the legal system -- the police force, the attorney general's office, and the legal profession -- is widespread. Poor transparency and a lack of professionalism serve only to compound the problem.

Judges, particularly lower court judges, have no protection against powerful and violent defendants, and little incentive to resist the huge bribes such individuals may offer. Lower court judges will often use a technicality to avoid making a ruling that could offend powerful people, or issue a suspended sentence, knowing full well that the defendant will appeal it, and thereby avoid having to hand out any punishment. Throwing a case up to a higher court is a way for judges to avoid condemnation or intimidation.

Indonesia Corruption Watch (ICW) says that because of such rulings the lower courts are almost useless. In almost every case, defendants can appeal, and they are rarely forced to serve out criminal sentences while awaiting the results of the very lengthy appeal process.

Militia leader Eurico Guterres, convicted for crimes against humanity in East Timor, sat out his jail term in very comfortable circumstances. Former Golkar party chairman Akbar Tandjung headed his party, traveled abroad and remained in place as speaker of the parliament despite a graft conviction against him for abusing state funds.

Though judges may accept that their rulings are highly questionable to say the least, legal experts point out that it is usually the only politically or personally expedient ruling they can make, given the prevailing circumstances in the country's legal system.

Jemal-ud-din Kassum, World Bank vice president for East Asia and the Pacific has pointed out that judicial corruption is not a phenomenon unique to Indonesia. International Bar Association (IBA) research shows that it is a worldwide problem.

Reform of Indonesia's judicial and legal institutions has been under way since the onset of democracy in 1999, but law enforcement agencies have been so corrupt for so long that the problem will to take years to remedy. Domestic attention is on the government's political will, or the lack of it, to combat corruption.

A survey by the International Foundation for Election Systems (IFES) released in June last year found that less than 1% of 1,250 respondents nationwide named terrorism as an issue they wanted candidates to address. Combating corruption, reducing inflation and creating jobs were the public's main concerns, according to the poll.

International attention, on the other hand, is more on what implications the verdict could have in the future, particularly with regard to the "war on terror" and bringing extremists to justice.

Terrorist network not banned

It needs to be acknowledged that at least Indonesia -- unlike Malaysia and Singapore, for example -- has put those accused of terrorism on trial, convicting many and sentencing several to death.

Tim Lindsey, the director of the Asian Law Center at Melbourne University and an Indonesian law expert, summed up the wider dimensions of Indonesia's efforts to date in fighting terrorism: "They [Indonesian authorities] haven't captured everybody, but neither have the US. Where is Osama bin Laden?" Lindsey asked. "It's not perfect, it's pretty wonky, but it's completely untrue to say they have not made a sustained effort," he added.

The evidence presented suggested Ba'asyir was indeed the head of JI, which the authoritative International Crisis Group (ICG) defines as a "network of Islamic radicals extending across Southeast Asia, led by Indonesian nationals". In October 2002 the US declared JI a foreign terrorist group and named Ba'asyir as its spiritual leader.

It is important to note, however, that JI has not been banned in Indonesia, despite president Susilo Bambang Yudhoyono's stated commitment to declare the group an illegal organization should there be "proof" the regional terrorism network exists in Indonesia.

It is clear that a democratic Indonesia, with strong civilian institutions and a strong criminal justice system, will aid in the "war on terrorism", and US assistance for police reform, justice sector reform and civil society strengthening should continue.

The lack of due process for detainees held at Guantanamo Bay, some of them incarcerated without trial for more than two years, before the US Supreme Court curbed the administration of President George W Bush's power to deny them the right to a lawyer, contrasts very sharply with the Indonesian government's stated approach to the rule of law.

Evidence, not hearsay or suspicion, is necessary before authorities can act. When sufficient evidence is available, state prosecutors then decide whether to go to trial. The government does not intervene in decisions to prosecute or become involved in any ensuing trials.

Jakarta's defense of the verdict against foreign criticism was to be expected. The majority of Indonesian media outlets, as well as several national religious and political figures, claimed Australia and the US were trying to intervene in Indonesia's justice system.

Minister of Foreign Affairs chief spokesman Marty Natalegawa said, "The verdict was quite appropriate because it was clearly a matter fully within [Indonesia's] judicial process" as the government, from the beginning, has always adopted a position of respecting the independent judicial process."

At least one recognized international expert, who may have been expected to take a similar view to the US and Australia over the sentence, shares that sentiment.

Only days before the verdict was announced, Sidney Jones, an American analyst from the International Crisis Group (ICG), said, "I think you shouldn't read a light sentence as an indication that the Indonesian government is not doing its job, because I think the case was weak to begin with."

Jones, who is now based in Singapore, is not welcome in Indonesia because of her critical reports on the shortcomings of Indonesia's military and intelligence agencies in dealing with terrorism and their involvement in rights abuses. One report, "The Ngruki Network in Indonesia", which was published in August 2002, is regarded as one of the most definitive pieces of research on the JI.

Implications for the 'war on terror'

The law in Indonesia provides for a right of appeal, sequentially, from a district court to a high court to the Supreme Court. The Supreme Court does not consider factual aspects of a case, but rather the lower court's application of the law.

The process, and its implications, is best illustrated by revisiting the chronology and outcome of earlier attempts to put Ba'asyir behind bars. This latest trial, which started last November, was the second time prosecutors had gone after the defendant.

The 66-year-old cleric was originally arrested a week after the Bali bombings, in October 2002. Before the bombings, police had declared that there was insufficient evidence to question Ba'asyir on suspicion of supporting terrorist activities. That changed when it was discovered that most of the suspected key players and those later convicted in the Bali bombing graduated from his Islamic boarding school, which remains open.

There seems little doubt that Indonesia, under the weak leadership of former president Megawati Sukarnoputri, succumbed to intense pressure from the US, Australia and other foreign countries to get Ba'asyir back in the dock. On his release last April after serving the remaining month of his initial sentence, he was immediately rearrested and held for months without charge under the country's anti-terrorism laws.

Though eventually charged on several counts, including a 1999 plot to assassinate Megawati when she was vice president, the Central Jakarta District Court threw out the case against Ba'asyir for leading JI, brought under anti-subversion laws, due to a lack of evidence. Prosecutors at that time had demanded a sentence of 15 years in jail.

He was, however, sentenced to a four-year prison sentence for document fraud and immigration violations. In November 2003, the high court reduced that sentence to three years, a ruling that the Supreme Court further reduced in March last year to 18 months' imprisonment.

Prosecutors are appealing against Ba'asyir's acquittal on a range of the more serious charges put forth during the latest trial and against the light sentence.

The US sees Indonesia, the world's largest Muslim democracy, as a crucial ally in the "war on terrorism". And while the country's Anti-terror Law No 15/2003, has been described as the world's "softest" law against terrorism, Yudhoyono has said he would keep up pressure on the JI and deal with terrorism firmly.

Like Megawati, however, the president will have to tread carefully so that anti-terrorism efforts are not seen as driven by Western pressure alone, or he may lose the sympathy and support of moderate Muslim opinion and drive them to take a more hardline position.

The continuation of human-rights abuses and a return to the authoritarianism of the past would hand the radicals in Indonesia a victory they could not hope to win otherwise.

Yudhoyono's predecessors -- Sukarno, Suharto, B J Habibie, Abdurrahman Wahid and Megawati -- have all been up against Islamic extremism. Some 89% of Indonesians are Muslim, most of them moderate, but there has been a surge in radical Islam since the downfall of Suharto in 1998.

As Jones has pointed out, what is needed is technical assistance for the Indonesian forces of law and order to help them work professionally to uncover and investigate terrorist networks in the country. But the problem for Yudhoyono, who has solid Islam credentials, is not how he feels about extremism, it's about how the many Islamic politicians in the fractured parliament will manifest their support, for political gain, for the aspirations of radical Muslims.

Ba'asyir's ultimate fate is an integral part of these difficult and complex considerations, and there will surely be an interface with the Supreme Court. If Ba'asyir were to be treated with an iron fist on appeal, he could become a martyr in Islamic politics. Whatever happens during the appeals process, the government will need to take a stronger stand on Islamic extremism, sooner rather than later.

[Bill Guerin, a Jakarta correspondent for Asia Times Online since 2000, has worked in Indonesia for 19 years in journalism and editorial positions. He has been published by the BBC on East Timor and specializes in business/economic and political analysis in Indonesia.]

Politics/political parties

Democracy takes a back seat in Jambi

Jakarta Post - March 14, 2005

Jon Afrizal, Jambi -- The champions of democracy in Jambi province are no longer consistent in upholding their principles, with many of them getting involved in campaigning for candidates contesting the upcoming gubernatorial elections, a leading think tank has claimed.

"There has been a decline in democratic ethics in Jambi," director of the Jambi Social Reform Study Center Kasmadi Kasyim told The Jakarta Post on Saturday.

He was referring to local political analysts and scholars who have joined the campaign teams of gubernatorial candidates.

Kasmadi said those who used to fight for democracy have jumped onto the bandwagon of mainstream politics, leaving no-one to objectively monitor the election process.

"Such a function is urgently needed to prevent the election process from sacrificing the interests of the general public," he said.

The analysts, he added, were not now explaining to the public the vision and policies of the respective candidates, thus discouraging people from voting based on narrow sectarian affiliations.

"Democracy suggests a fair competition, and should offer as many choices as possible to the public," he said.

Coordinator of the Prosperous Justice Party's (PKS) campaign team, Nurdin, said the party was also concerned about the lack of democratic values in the election campaign.

PKS is ineligible to pick its own gubernatorial candidate because it only secured three seats in the provincial legislature, far from the electoral threshold of seven seats.

"However, the PKS has to endorse a candidate who fits with our criteria, even though he or she may not share our principles," said Nurdin.

Otto Hardiman from the Indonesian Center for Democracy and Human Rights (Demos) said the involvement of advocates of democracy in regional elections was also occurring at the regency level as well.

"It has become a trend that the champions of democracy are becoming increasingly involved in election campaigns in many regions," he said.

He said that pro-democracy figures could make a contribution to democracy if they dared to promote alternative candidates and maintain pressure on winning candidates to allocate posts in their administrations the to parties that supported them.

Government/civil service

Government plans mass reshuffle in bureaucracy

Jakarta Post - March 10, 2005

Jakarta -- Around 50 percent of first echelon government officials are facing imminent reshuffle due to their poor performance, Vice President Jusuf Kalla said.

Kalla told The Jakarta Post in a special interview on Wednesday that the preparations for the reshuffle would take two or three months to complete.

He said the reshuffle was aimed at boosting the performance of the bureaucracy.

"The reshuffle will not replace all first echelon officials. Only those who have reached mandatory retirement age and who are performing bad. The ratio between the two categories is about fifty-fifty," he explained.

He said that some of the top officials were failing to perform as expected and were facing reshuffle as they had done nothing during the first five months of the election campaign.

This lasted between February and September of last year, when political parties were preparing for the legislative and direct presidential elections. Government officials were allowed to take up party jobs during the elections provided they took a leave of absence and did not use state facilities.

Kalla said the major reshuffle, the first in over 10 months, was a must for the sake of regeneration.

With about 700 first echelon officials in 30 ministries and other state institutions, the government of President Susilo Bambang Yudhoyono plans to carry out the reshuffle over three years.

The President will lead the team that will select the first of the new echelon one officials. The team will also involve the Vice President, the State Minister for Administrative Reform and the National Intelligence Agency chief.

The candidates will have to be senior civil servants with excellent track records in their respective fields.

"The minister must be able to justify the candidates in front of the team," Kalla said.

Kalla said that the selection process would ensure fairness.

Those selected to fill the first echelon posts will be approved by the President through a presidential decree.

The Ministry of Justice and Human Rights is among the ministerial offices that have completed the reshuffle process. On Thursday it will install an expert advisor, Oka Mahendra, as the new director general of legislation, replacing Abdulgani Abdullah Abdulgani will now head the ministry's law supervisory body.

Susilo once complained about the slow progress of reform within the bureaucracy. He said the bureaucratic machine was unable to keep up with the Cabinet.

The country's bureaucracy has been criticized not only for its poor performance, but its vulnerability to corruption as well.

The current situation owes its origin to the New Order era, when the bureaucracy served as the political vehicle of the regime. At that time, the president had the sole authority to replace first echelon officials.

Efforts to reform the bureaucracy began with the establishment of the Office of the State Minister for Administrative Reform and the enactment of the Civil Service Law (No. 43/1999).

Corruption/collusion/nepotism

BPK finds irregularities, state loses Rp7.1 trillion

Jakarta Post - March 16, 2005

Urip Hudiono, Jakarta -- The Supreme Audit Agency (BPK) found 2,128 cases of irregularities in the management of state funds during the second semester of last year, with potential losses to the state totaling Rp 7.12 trillion (about US$765 million).

While an irregularity by the BPK definition does not necessarily mean malfeasance, at least two cases worth a total of $3.3 million in the Ministry of Defense and Ministry of Culture and Tourism showed indications of corruption, BPK chairman Anwar Nasution said in a report presented to the House of Representatives on Tuesday.

"We have forwarded these two cases to the Attorney General's Office for further investigation," Anwar told a House plenary session to discuss the agency's regular audit of state funds.

The audit was conducted between July and December 2004 on 586 accounts worth Rp 282.89 trillion, which represents 64.84 percent of the funds allocated under the 2004 state budget and local government budgets, and in the financial reports of state-owned and local government enterprises.

On the two cases that showed indications of corruption, Anwar said that one was last year's $3.24 million procurement of MI-17-IV helicopters by the Ministry of Defense and the Indonesian Army, while the Ministry of Culture and Tourism appeared to have improperly accounted for state inventories worth up to Rp 1 billion.

Anwar acknowledged that the audits were based on the BPK's old auditing procedures and formats, and were also conducted by BPK staff during the 1998-2004 term.

"In the future, we will conduct our audits using new -- and hopefully better -- procedures and formats," he said.

"The new procedures and formats will include a performance audit, a financial forensic audit and a fraud audit as stipulated by Law No. 15/2004 on state treasury management, accounting and auditing, as well as a general audit." Commenting on the government's 2003 State Budget Report, Anwar reiterated that the BPK had decided "to give no opinion on the report." "There are two main factors that have led us to do this," he said.

"First, the government has yet to overhaul its accounting system, and second, the government has still not followed up on findings of irregularities in our reports over the past four years." Anwar further said that the BPK -- at the House's request -- was also conducting an audit on the funding of the 2004 general election and fuel subsidy spending.

"The audit on the funding of the general election is now being finalized, and we expect to have the complete results and a report within three weeks," he said.

A source from the BPK told The Jakarta Post that the audit agency had found preliminary irregularities amounting up to Rp 90 billion out of total general election funding of Rp 2 trillion.

The irregularities included Rp 60 billion for the procurement of ballot boxes and Rp 30 billion for the procurement of ballot papers, ink and ballot envelopes.

Despite the BPK's regular identifying of possible abuses in state funds by government institutions, incidences of follow-up action by the relevant agencies have been few and far between, with many cases ending up unresolved.

Under the prevailing regulations, the BPK's reports are supposed to be used by the relevant ministries and state institutions as a basis for determining the necessary follow-up action. In cases where the BPK believes there are strong indications of corruption, it can directly report its suspicions to the AGO.

Local & community issues

Residents protest ring road project

Jakarta Post - March 12, 2005

Wahyuana, Bekasi -- At least 100 residents of the Pasar Kecapi and Jatiwarna subdistricts in Pondok Melati, Bekasi, protested against the Jakarta Outer Ring Road (JORR) project on Thursday after they failed to reach an agreement about land prices.

The protesters burned tires and tore down some construction work along the Hamkam Raya-Jatiasih section.

"We had agreed to give up our houses and lots and receive compensation worth Rp 1.1 million a meter as stipulated in a decree issued by Bekasi Mayor Ahmad Zurfaih. But, until now, PT Jasa Marga has not paid us. I heard Jasa Marga does not want to pay compensation," Awing Asmawi, a protester, said to The Jakarta Post.

The angry residents said they would give Jasa Marga two weeks to pay, or they would destroy the toll road now under construction.

State company Jasa Marga is currently constructing a nine- kilometer road linking Hamkam Raya in East Jakarta with Cikunir in Bekasi, West Java. The Hamkam Raya-Cikunir road is one of two sections of the Hankam Raya-Jatiasih toll road project.

Protesters from Jatiwarna staged the protest at the Hankam Raya- Jatiasih section. They said Jasa Marga had not paid compensation for more than 8 hectares of land affected by the project.

Sunarto, head of the toll road project, told the Post on Thursday that the firm was not willing to pay compensation as high as Rp 1.1 million a square meter.

"We cannot afford to pay Rp 1.1 million a meter," said Sunarto, complaining that land brokers had provoked local residents to raise the prices of land there.

"We have proposed an alternative solution to the dispute. We agree to pay Rp 1.1 million for land used for the main body of the road. The farther the land from the body of the main road, the cheaper it becomes," he said.

Sunarto said the firm had set up a small team, which along with Ministry of Public Works officials, would negotiate with residents and the Bekasi municipal administration.

"We will wait for the results of their negotiations," he said.

Municipality spokesman Endang Suharyadi said "the residents have agreed to give up their lands for Rp 1.1 million a square meter. If Jasa Marga does not want to pay that much, they have to negotiate directly with these people." Last week, a special team established by the Bekasi Council to help to find resolution to the land dispute had met with a team from the Ministry of Public Works. Ministry of Public Works official and team member Riri said the team was working on new quotes for the land affected by the project.

The development of the outer ring road project started in the early 1990s by private company PT Marga Nurido Bhakti.

After the 1997 economic crisis, the company ran out of money and the construction was stopped. In 2000, however, Jasa Marga took over the project.

News & issues

House obstructs fuel policy

Jakarta Post - March 16, 2005

Tony Hotland and Urip Hudiono, Jakarta -- Despite President Susilo Bambang Yudhoyono saying that the fuel price increases were final, seven of 10 factions at the House of Representatives continue to convey their rejection of the government's policy.

Only two factions -- Susilo's own Democrat Party faction and the Democratic Pioneer Star faction -- support the government's move in increasing fuel prices by an average 29 percent on March 1.

Tuesday's plenary session -- delayed for six hours its 9 a.m. initial schedule, the result of a lengthy meeting between the House and the government the night before -- also saw the House's biggest faction, the Golkar Party, refusing to take a clear position. The faction simply said "the government should discuss fuel price increases further, and its welfare fund with the budgetary commission".

The seven opposing factions said the government had been "careless" in not anticipating negative impacts of the fuel price increases upon the public, and for not consulting with the House.

They also said the government's mission in slashing the numbers of poor by allocating more funds to welfare programs was improper, as it only increased poverty.

These factions also attacked the government for not consulting with related House commissions in relation to the welfare funds, claiming that the policy requires revisions to the state budget.

Meanwhile, the two parties accepting the government's policy said they "understood the need for the fuel price increases due to soaring global oil prices". However, they demanded that the government ensure that poverty alleviation funds reach their intended targets, and that they devise energy saving strategies to deal with declining domestic oil output.

They also demanded that the government tightly control prices of basic commodities that may increase due to higher fuel prices.

The plenary session was colored with protests by university students, both inside and outside the House compound, causing traffic congestion along Jl. Gatot Subroto. The students demanded to be allowed to enter the plenary chamber, but were prevented from doing so by security personnel.

Protest orations were later made at the entrance of the Nusantara II building.

Strong opposition -- though small in scale and sporadic -- continues to take place across the country after the government increased fuel prices.

Earlier on Tuesday, five legislators from the National Mandate Party (PAN) faction submitted a request to the Constitutional Court for a judicial review of Presidential Regulation No. 22/2005 that ordered the fuel price rises.

They believe that the government's reasons for raising fuel prices were "unsubstantiated", and that the regulation violated laws governing the state budget and state finance.

If granted, they said the government would be required to rescind the fuel price increases and return any profits it had made since the policy took effect on March 1 to state coffers.

On Monday night, three commissions -- Commission VII on energy and mineral resources, Commission XI on finance and banking, and the budgetary commission -- expressed their opposition to the policy.

They claimed that the government could not guarantee that the much-vaunted welfare programs aimed at the poor would be successful.

They also demanded that the government make more efforts to cut back fuel consumption and to seek alternate fuels, curb fuel smuggling, and submit audit results on state oil and gas company Pertamina's production and distribution costs.

Last week, 31 legislators from seven factions submitted a petition for a House inquiry into the fuel price rises. The request is still being deliberated.

IWD rallies dominated by fuel protests

Green Left Weekly - March 16, 2005

James Balowski, Jakarta -- International Women's Day rallies, held in most major Indonesian cities on March 8, were dominated by protests against fuel subsidy cuts, which were announced by the government of President Susilo Bambang Yudhoyono on March 1. Angry demonstrations have been occurring almost daily since the announcement as fuel price hikes have flowed on to the price of basic goods and services.

The March 9 Jakarta Post reported that in Makassar, South Sulawesi, hundreds of women, mostly housewives and older women, said the policy affected them the most as they were responsible for household spending. They said the government should be more serious in its fight against corruption instead of cutting fuel subsidies.

In the Central Java provincial capital of Semarang, women NGO activists also staged a rally against fuel prices. Carrying kitchen implements, they accused Yudhoyono of lacking sensitivity toward women who bear the brunt of the price increases.

"The government has adopted capitalism, which of course, affects the people's welfare. Such a policy will only restrict women's access to basic needs, such as health, education, clothing and housing", one of the protesters told the Jakarta Post. "I wonder why the government has failed to eradicate corruption among officials working with [the state oil company] Pertamina", she added.

In Jakarta, demonstrators from various student groups and women's organisations marched through the city and converged on the State Palace to voice their opposition to subsidy cuts. They said that instead of cutting fuel subsidies to cover the budget deficit, the government should try to recover the billions of dollars in state revenue lost to illegal logging managed by high-ranking military officers and end the expensive and brutal war against the Acehnese people.

In the Central Java city of Solo, a protest was organised by the Surakarta Women's Alliance, who warned that if the fuel subsidy cuts are not revoked, the people would withdraw Yudhoyono's mandate. Another rally in the city, organised by the group Women's Solidarity Against Fuel Price Increases, also took up the fuel price issue.

In the West Java provincial capital of Bandung, hundreds of women and farmers from the People's Struggle Front condemned fuel subsidy cuts. They also demanded an end to all forms of discrimination and violence against women, opposed polygamy and rejected contract labour. Other participants took up the issue of Indonesian women who were taken to Japan as "comfort women" during World War II and the thousands of women who are trapped in the sex industry.

A report released by the Women's National Human Rights Commission on March 7 showed that violence against women is increasing. In 2001, 3160 cases were recorded climbing to 5163 the following year and reaching 7787 in 2003. In 2004 it almost doubled to 14,020 cases.

In the Central Java city of Yogyakarta, activists from the Women's and People's Coalition for Reform (KPRP) commemorated IWD and opposed subsidy cuts. KPRP said that ordinary people, particularly women, are suffering most from the policy and the cuts have caused more and more working-class women to fall into poverty.

In February a maritime border row erupted between Indonesia and Malaysia over an oil-rich offshore area near North-East Kalimantan and the Malaysian state of Sabah. Many believe that the dispute is being used by the military to push for defence budget increases, which would be paid for by money saved from the fuel subsidy cuts. Nationalistic rallies around the country burning Malaysian flags or closing its embassy in Jakarta have also served to divert the public attention away from the fuel subsidy issue.

Exclusions raise worry on Indonesia freedom - lawyer

Reuters - March 15, 2005

Jerry Norton, Jakarta -- Indonesia's expulsion of two foreign experts on the country shows freedom of expression should not be taken for granted in the fledging democracy, a prominent attorney said on Monday.

Todung Mulya Lubis, a leading commercial and human rights lawyer, told reporters the exclusions of Australian academic Edward Aspinall and American scholar and NGO executive Sidney Jones demonstrate: "This is not a time to be complacent."

Jones, praised for her reports on terrorism and other issues in the world's most populous Muslim country, was deported in June from Indonesia, where she was director of the International Crisis Group. Some thought she might be allowed to return after the Indonesian presidency changed hands in October but that has not happened.

Aspinall, a frequent visitor to Indonesia, was sent home this month when he arrived in Jakarta on his way to work for an Australian aid agency in tsunami-hit Aceh province.

In both cases the Indonesian government has defended its right to admit whom it chooses but officials have been murky about precisely what it was Aspinall and Jones were alleged to have done to cause the expulsions.

Lubis, mentioned as a possible attorney-general or justice minister last October when president-elect Susilo Bambang Yudhoyono was choosing a cabinet, said he was familiar with Aspinall's work and considered him a friend of Indonesia.

He could be critical and outspoken but was not like hardliners who have a close-minded attitude, Lubis said. "This is a bad sign," he said of Aspinall's exclusion. As for Jones, she "has done nothing wrong" and he hoped the government would let her return soon, Lubis said.

He raised broader concerns about sweeping revisions of Indonesia's criminal code in the works which he said could hamper freedom of expression if draft versions become law.

Indonesia still sometimes suffers from "intimidation and terror toward the press," especially from authorities and political parties in regional areas, Lubis also said in a presentation to the Jakarta Foreign Correspondents' Club.

Speaking on the same panel with Lubis, Bambang Harymurti, editor-in-chief of Tempo Magazine and Koran Tempo newspaper, said freedom of the press in Indonesia, as measured by Reporters sans Frontieres, had been slipping steadily since 2001.

But, he said: "We might do better this year" because typically a new government -- Indonesia changed presidents in late October -- has a honeymoon period with the media. Like Lubis, however, he warned of a number of problem areas, including changes for the worse in new laws under consideration.

Harymurti himself is appealing a jail sentence for criminal libel rendered on the basis of statutes critics say are outmoded and should be repealed.

An officer of the foreign correspondents' club said the government had been invited to send a representative to the discussion but declined.

Health & education

600 drop out from school every year

Jakarta Post - March 12, 2005

Yogyakarta -- Despite being known as the city of education, the number of children dropping out from elementary schools in Yogyakarta province is high.

Recent data published by the provincial education office shows that as many as 604 of some 300,000 elementary schoolchildren dropped out during 2004, both from private and state schools.

"It's mostly because parents can no loner afford to send their children to school," Yogyakarta provincial education office head Sugito said.

Of the 604, 187 were from Gunungkidul regency, 126 from Sleman, 105 from Yogyakarta municipality, 97 from Bantul regency, and 89 from Kulonprogo.

The number of students dropping out from junior and senior high schools in the province was no less than those at elementary schools.

The same data shows that 727 of more than 125,000 junior high school students dropped out from school the same year, while some 1,250 dropped out from senior high schools.

Attempts to reduce the figure, according to Sugito, have been made by the provincial education office, including the provision of scholarships for children from poor families.

Islam/religion

Women face religious obstacles in improving role

Jakarta Post - March 10, 2005

Hera Diani, Jakarta -- Conservative religious understanding and cultural elements have hampered the development of the political role of women here, the Women's Research Institute (WRI) revealed on Thursday.

Conducted in eight regions, the institute's research on regional autonomy showed that despite the enactment of several bylaws and policies to increase women's political participation in politics at a regional level, few women have taken up the challenge.

For instance, there is not a single woman councillor in Gianyar regency, Bali, nor in Banda Aceh, while in the West Nusa Tenggara capital of Mataram, there are only two women among 35 councillors.

Women comprise around 30 percent of the work force on average, while their wage in the agricultural sector is generally lower, or often half the salary of a man. However the number of women in those areas is equal to the number of men, and in some places, higher.

According to the research, the misinterpretation of religious teachings is largely to blame for the low participation of women, resulting in discriminative policies delivered by local administrations.

In the predominantly Muslim Mataram, for instance, men are considered to be the leaders and the sole breadwinners of families. "God created man as the leader. There is no verse in the Koran that says women have to earn money too," said a male respondent.

A religious leader in Kebumen regency, Central Java, interpreted An-Nisa:34 as saying that men are the heads of families and should also be the leaders of society.

Also, preachers often speak of a woman's obligation to serve her husband and to put his daily needs first. "Washing your husband's clothes is more noble than going outside the house and working," said a woman respondent, quoting a religious leader.

Meanwhile, in the predominantly Hindu Gianyar, women are more responsible than men for making preparations for ceremonies, offerings and religious events. Yet, they have no right to participate in public forums within the community or formal political institutions.

According to woman activist Zoemrotin K. Susilo, even in regions where women are well-educated and financially secure, cultural elements and religious misinterpretation prevent them from entering the work force. "Moreover, culture and religion also contribute to the high maternal mortality rate," she said.

The maternal mortality rate in this country stands at a staggering 307 deaths per 100,000 births, although the actual figure could be much higher. "Men get better and more food, leaving women and girls undernourished," she said.

According to Ford Foundation program officer Hans Antlov, politics need to be made less formal to make room for women to learn more about politics.

"In the regions, only men can vote and speak in a public forum. Therefore, there should be a non-negotiable principle, like one person one vote, so that women can speak too. And there should be the legal framework to protect them," he said.

While local wisdom is good, sometimes it contains too many feudalistic elements that should no longer be maintained, he said.

Armed forces/defense

Kadin suggests funding schemes for TNI

Jakarta Post - March 16, 2005

Zakki P. Hakim, Jakarta -- The much-hyped Ambalat dispute has encouraged the Indonesian Military (TNI) to renew its demands for more up-to-date weaponry, with the constraints on the military budget forcing it to look for new funding sources. In response, Indonesian Chamber of Commerce and Industry (Kadin) chairman Mohammad S. Hidayat said on Tuesday that his association had offered alternative financing schemes to help the TNI update its weaponry.

"We are concerned about the living standards of our soldiers and the state of our defense capability," he said after a rare closed-door meeting between top Kadin officials and TNI chief Gen. Endriartono Sutarto, accompanied by military spokesman Maj. Gen. Sjafrie Sjamsoeddin.

Hidayat said there were a number of "business-to-business" financing alternatives that the TNI could avail of instead of relying excessively on the state budget.

"Kadin can play a role in identifying such financing schemes," he said after the two-hour meeting at the chamber's offices in Kuningan, South Jakarta. The alternatives included countertrade, export credit and commodity financing deals, Hidayat said without elaborating.

The Kadin offer comes against a backdrop of increasing public demands for the TNI to surrender its businesses to the state in a bid to improve its professionalism. This year's state budget allocated some Rp 21 trillion to the military, which, according to defense minister Juwono Sudarsono, will only cover less than 50 percent of its basic expenses.

To cope with its budgetary problems, the TNI has long relied on profits from its businesses. However, many believe corruption is widespread in senior ranks as the military has never publicly released audit findings on its companies.

Hidayat urged the government to learn from the past mistakes as regards alternative financing schemes for the military, particularly from the Sukhoi countertrade deal.

The Sukhoi purchase made headlines in 2002, when the government was accused of breaching existing purchasing procedures by excluding the Ministry of Defense from the entire process. The government bought four Sukhoi fighter jets worth US$265 million from Russia based on a countertrade deal involving 11 commodities.

The dispute over the Ambalat offshore oil block erupted last month after Malaysian state-owned oil firm Petronas awarded production sharing contracts to Shell in areas that are also claimed by Indonesia.

The dispute prompted Jakarta and Kuala Lumpur to deploy warships, with each side accusing the other of infringing its sovereignty. However, the two neighboring countries have since agreed to settle the dispute peacefully.

Nevertheless, the brief spat has put the need for the TNI to upgrade its weaponry, including its warships and aircraft, under the spotlight.

Endriartono said the territorial dispute had persuaded the TNI to request an increase in the defense budget when the government proposed revisions to the state budget next month. "Most of the additional money would be used to upgrade Navy and Air Force equipment," he said.

Asked if the dispute had affected foreign investment and trade, Hidayat said that there had been no major impacts thus far. He said that despite the dispute, Malaysian Minister of International Trade and Industry Rafidah Aziz along with more than 100 businesspeople would visit Indonesia next week to meet Minister of Trade Mari E. Pangestu and local private sector firms to explore business opportunities between the two nations.

"But if the conflict is prolonged, it will eventually have adverse consequences," Hidayat said.

Armed forces to share war machines to gain efficiency

Jakarta Post - March 14, 2005

Muninggar Sri Saraswati, Jakarta -- The Ministry of Defense is considering a system that will enable the three branches of the Indonesian Military (TNI) to share equipment to save money.

"The aim will be to encourage cooperation among the three armed forces so we can use our budgets efficiently and effectively. For example, the Army, Navy and Air Force could share helicopters and planes," Minister of Defense Juwono Sudarsono said.

Juwono is currently in the United States for talks on the resumption of military relations between the two countries. The US imposed an arms embargo on Indonesia in 1992 following a TNI-led massacre of civilians in Dili, East Timor, which later separated from Indonesia in 1999.

According to the minister, only 30 percent of the military budget would be spent on arms sale, while the rest would be used to pay the soldiers' salaries and maintain equipment.

Indonesia has some 250,000 soldiers.

Despite the proposal for a significant increase in military spending during the upcoming state budget revision, Juwono said he was prepared for bad news.

The House approved a Rp 21.9 trillion (US$2.38 billion) military budget for the 2005 fiscal year, slightly up from Rp 21.4 trillion last year and Rp 11.53 trillion in 2003.

"It's a big figure. We are one of the departments that got the biggest budget allocation. The problem is, that it is only sufficient to cover a half of our minimum needs, therefore we have to use this money as effectively and efficiently as possible," he said.

Indonesia Military (TNI) Chief Gen. Endriartono Sutarto said the TNI, through the Ministry of Defense, would propose a significant increase in military spending this year to revive and modernize all of its war machines.

Due to the limited state budget, the military has been allowed to run businesses. The TNI claims, however, proceeds from the businesses are mostly spent on soldiers' welfare.

Critics have blamed the businesses for hampering professionalism in the TNI, and warned of corruption due to lack of transparency in the management of the military's businesses.

Juwono said his ministry was working hard to reorganize the military businesses and make them more accountable and professional for the sake of the military's rank and file.

"We will start compiling all data about military businesses this month. We are expected to finish in October," he said.

To reorganize the businesses, the defense ministry would cooperating with the industry, justice and human rights and the finance ministries.

"The industry ministry will handle the management of the military business to make it professional, the justice ministry will take care of its legal aspects, while the finance ministry is involved because the revenue from the business will go into state coffers," Juwono said.

Military to up spending to modernize equipment

Jakarta Post - March 10, 2005

Rendi A. Witular, Jakarta -- The recent dispute between Indonesia and Malaysia over territory and resources has rung alarm bells for the Indonesian military (TNI) to immediately increase spending to modernize its tattered war machines.

TNI Commander Gen. Endriartono Sutarto said the TNI along with the Ministry of Defense would propose a significant increase in military spending this year during the upcoming state budget revision scheduled to start this month.

"An immediate increase in military spending is a must. The TNI needs support from all parties to improve its equipment and arms in order to address future external threats," Endriartono told journalists aboard a commercial flight on Tuesday.

Endriartono refused to disclose the exact amount of the increase being sought, however, he hinted that the budget increase should be able to cover costs for reviving and modernizing all of TNI's war machines, which were either not functioning or too old.

"Our target for the next two years is to make all of our equipment fully operational. That will be just enough to defend our country from external threat," said Endriartono, adding that most of the funds would be allocated to the Navy and Air Force.

Based on the state budget, military spending this year is set at Rp 21.9 trillion (US$2.4 billion), up slightly from Rp 21.4 trillion last year and Rp 11.53 trillion in 2003.

The TNI's military equipment has been steadily deteriorating as a result of the 13-year arms embargo by the United States, which was imposed due to gross human rights violations in East Timor.

Endriartono said that the TNI was unlikely to purchase new arms for another two years, but might start expanding its equipment purchases again in 2007 when the country's economy was stronger.

Indonesia, southeast Asia's largest economy, needs a strong military force not only to address threats at home, such as separatist movements, but also as a deterrent to neighboring countries.

"Fighting separatism is not a grave threat for us since they can be tackled with small arms. The most dangerous threat comes from other countries. We need to show them that we are strong that they can't mess around with us," said Endriartono.

"Having a strong military is also a matter of dignity and sovereignty. Malaysia dares to claim our territory and acts rudely to our migrant workers because they know that we are not that strong," he said.

Endriartono also said that Indonesia would soon be able to directly procure spare parts for its Hercules aircraft, worth some $50 million this month, after the United States agreed to ease restrictions on the purchase of such parts.

Meanwhile, regarding efficiency efforts within the TNI, Endriartono said he had undertaken discussions with related ministries over the possibility of revising existing regulations on procurement, which had only created high costs for the TNI.

Endriartono suggested that any procurement of military equipment should be carried out directly by the Ministry of Defense without having to seek the assistance of third parties or private partners.

"Procurement using third parties only makes the price of our equipment more expensive because we have to cover the interest on the costs and also for their service fees... We can actually save up to 50 percent if we can procure directly," he claimed.

The regulations, where military equipment and arms have to be purchased through third parties, was issued by former President Soeharto with the sole aim of enriching his family and cronies.

International affairs

Indonesia, Malaysia cool off, talks to start soon

Jakarta Post - March 12, 2005

Muninggar Sri Saraswati, Jakarta -- Indonesia and Malaysia pledged on Friday to use all means possible to defuse tensions, including some "adjustments" to prevent armed conflict, and have agreed on talks to end the border dispute over the Ambalat offshore oil field in the Sulawesi Sea.

"All parties will control their respective environments in a bid to ease tensions. The President will communicate with the Cabinet, and vice versa," Minister of Foreign Affairs Hassan Wirajuda told a joint press conference along with his Malaysian counterpart Syed Hamid Albar, after a meeting with President Susilo Bambang Yudhoyono on Friday.

Albar said that neither Indonesia nor Malaysia had any intention of using force. "Malaysia and Indonesia will be forsaken by God if we think to threaten one another with troops. Our approach is cooperation, not military. [Armed conflict] will never happen, God willing," he said.

Albar denied accusations that Malaysia's plan to buy military equipment from Britain was connected to the dispute that has simmered over the past week.

The dispute heightened after Kuala Lumpur decided to award oil exploration rights in a maritime area also claimed by Indonesia.

Hassan said that Indonesia also had been trying its best to prevent possible military incidents that could increase tensions, adding that Indonesia is determined to normalize ties with its neighbor.

Indonesia plans to make some "adjustments" to the deployment of warships in the disputed oil block, he said. "Should there be several Malaysian or Indonesian ships [in the area], then they must be considered to be just routine patrols," the minister added.

Warships from both countries had come into close contact in the disputed waters on several occasions since February 16, after Malaysia's Petronas awarded Dutch energy giant Shell an oil concession in the Ambalat block.

"The President has communicated with the Indonesian Military [TNI]. He even visited the area to ensure that troops obeyed the rules of engagement," Hassan said.

During his recent visit to Sebatik island near Ambalat, Susilo ordered TNI personnel not to activate warship radars, so "there would be no impression of an emergency situation that may give wrong signals", Hassan said. "We'll try to put things back to the way they used to be before the tension," he said.

During talks with the President, Albar said that both countries' leaders had agreed to improve communications to ease tension. "The President shall stay in contact with the Prime Minister [Abdullah Ahmad Badawi], myself with Pak Hassan, and military chiefs between themselves. This will be the wisest solution," Albar said.

They jointly agreed not to talk through the media about the substance of planned negotiations scheduled to take place over two days from March 22.

"We do not want to debate through the media; we'll leave [negotiations] to the technical team," Albar said, reiterating Malaysia's complaints that the Indonesian media had overreacted to the situation and had whipped up emotions resulting in anti- Malaysian demonstrations in Jakarta.

The dispute is one of the biggest tests of the Indonesia-Malaysia bilateral relationship since the 1960s, when former president Sukarno declared "confrontation" with Malaysia over the latter's control over northern areas of the island of Borneo, that are now the Malaysian states of Sabah and Sarawak.

The Ambalat oil field is situated near the islands of Sipadan and Ligitan that had been in dispute for years between Malaysia and Indonesia. The International Court of Justice eventually awarded Malaysia sovereignty over the islands in 2002. However, Indonesia claims that Malaysia's maritime territory extends only 19 kilometers from the islands.

East Ambalat row started as 'corporate dispute'

Jakarta Post - March 10, 2005

Fabiola Desy Unidjaja, Jakarta -- In the midst of increasing tension over the territorial dispute between Indonesia and Malaysia, it seems that the matter started as a business dispute between multinational oil giants.

Indonesian Minister of Energy and Mineral Resources Purnomo Yusgiantoro said on Wednesday that the dispute between the two countries began when the first contract holder of the Ambalat block -- located next to the now-disputed East Ambalat block -- tried to get a share of the oil rich offshore area that they had previously surrendered.

Purnomo said the Royal Dutch/Shell oil company was granted operational rights over the Ambalat block in 1999. For business reasons, the Shell decided to hand over exploration of the block to the Italian Eni oil company, and thus withdrew from exploring the area.

After the oil companies concluded their agreement, Eni -- that was granted oil concession rights by the Indonesian government in September 1999 -- started exploration. Late last year, Eni conducted drilling at two sites in the Ambalat area, and reportedly found huge oil reserves at both sites.

Purnomo refused to reveal the estimated oil and gas reserves in the area, saying that it is a disputed area and the Indonesian government could not share details with the public.

After Eni discovered significant oil reserves at the Ambalat block, Shell, according to Purnomo, wanted to re-enter the area by using the Malaysian government and getting a contract for the East Ambalat block.

"It all began as a corporate dispute. But at the moment, we can't say anything as the case has now escalated into a sovereignty issue," he said.

The minister said that both Ambalat and East Ambalat blocks were Indonesian territory.

Indonesia has sent a letter of protest to Malaysia for awarding oil concession rights to Shell. "Since it is our territory, we granted the concession contract to [US oil company] Unocal to begin exploration at the East Ambalat block last December," Purnomo said, adding that Unocal should continue with the contract.

According to the contract, Unocal will begin exploration activities in 2006, and must complete a study of the area this year.

On the sidelines of the ongoing ASEAN (Association of Southeast Asian Nations) and EU (European Union) minister's meeting, the foreign ministers of Indonesia and Malaysia met late on Wednesday to discuss the matter.

Beware a Wolfowitz in sheep's clothing

Indonesia Alert! - March 10, 2005

Joseph Nevins -- When I saw Paul Wolfowitz's smug grin in the January 17 issue of The New York Times, trouble was clearly on the horizon. The photo showed him in tsunami-stricken Indonesia, accompanying the country's defense minister, Juwono Sudarsono. His visit was under the guise of humanitarianism. But as always with Wolfowitz and Indonesia, a more nefarious project is in the offing: strengthening Washington's ties with the Indonesian military (TNI).

The first and only time I ever saw Wolfowitz in person was on May 7, 1997. I was in Room 2172 of the Rayburn House Office Building on Capitol Hill in Washington. The occasion was a hearing of the House of Representative's Committee on International Relations' Subcommittee on Asia and the Pacific. The subject was "United States Policy Toward Indonesia."

Wolfowitz walked in confidently from the front of the room just as the hearings were getting underway. Well-groomed and, at the time, in his mid-50s, he vigorously shook the hands of many of those present while smiling broadly. They called him "ambassador" as they greeted him.

Paul Wolfowitz would, of course, emerge a few years later as the infamous under-secretary of defense for the administration of George W. Bush. As such, he was one of the principal fabricators of Saddam as Hitler redux and a head cheerleader for the US invasion of Iraq.

Prior to that, Wolfowitz served as assistant secretary of state for East Asian and Pacific affairs from 1982 to 1986, and as ambassador to Indonesia during the Reagan administration's final three years. He thus was the primary architect of US policy toward the resource-rich country in the 1980s. During his tenure, US support for the TNI peaked despite, among many crimes, the military's illegal occupation of East Timor, which resulted in the deaths of more than 200,000 people.

At the time of the May 1997 hearing on Capitol Hill, Wolfowitz was dean of the prestigious School of Advanced International Studies at John Hopkins University and was an active member of the corporate-funded US-Indonesia Society; he was thus still in a position to continue to exert influence on Washington's relations with Jakarta.

Douglas Bereuter, then a Republican representative from Nebraska, presided over the proceedings as chair of the subcommittee. A long-time supporter of Suharto's "New Order" government, Bereuter had proven to be among the staunchest opponents of efforts to blockmilitary aid to Jakarta. He opened the hearing by extolling the New Order's virtues, saying that it had "done much to preserve peace in Southeast Asia" and that it had "welcomed the US security presence in the region and ... granted US forces access to Indonesian facilities."

While Bereuter acknowledged the Suharto regime's less-than- shining human rights record-including that in East Timor-he argued for "continued military interaction" with Jakarta through American training and for "the sale of appropriately limited military equipment." Such "interaction," he opined, would "advance US security interests as well as the cause of democracy and human rights."

Wolfowitz's testimony struck a similar tone, while explicitly arguing against any talk in Washington of support for East Timorese independence -- talk that he characterized as "destructive" -- and calling for a renewal of US military training of the TNI. His testimony stressed Jakarta's many "achievements."

"[I]n the 7 years since I left Indonesia," he declaimed, "on the positive side, there has been significantly greater openness in a number of respects. There is more open questioning of public officials on government decisions that have gone against the government, although in most cases, the government eventually prevailed. There have been court martials of military officers for the massacre in East Timor in 1991. And I might note that I think for any military to court martial its officers for that kind of action takes an effort."(1)

The former ambassador was referring to Jakarta's charade-like prosecution and sentencing to minimal prison terms of a handful of low-ranking TNI officers in response to international criticism over what Indonesia termed "the Santa Cruz incident." This was Jakarta's euphemism for a massacre by the TNI of hundreds of peaceful pro-independence demonstrators in East Timor's capital in November 1991. The prosecutions and convictions dovetailed neatly with the official Indonesian line that the bloodbath -- what a United Nations Commission on Human Rights' investigation characterized as a "planned military operation" -- was not the result of a concerted policy, but of the actions of a few rogue soldiers.(2)

In his prepared written statement submitted to the subcommittee, Wolfowitz praised Suharto, a dictator who seized power through what the CIA described "as one of the worst mass murders of the 20th century." Over the course of several months in 1965-1966, the Suharto-led military and its minions slaughtered members of the Indonesian Communist Party along with members of loosely affiliated organizations such as women's groups and labor unions. Amnesty International estimated "many more than one million" were killed.

The head of the Indonesian state security system approximated the toll at half a million, with another 750,000 jailed or sent to concentration camps.

But such unpleasantness was clearly not on Wolfowitz's mind in composing his statement. "Any balanced judgment" of the country's human rights situation, he opined, "needs to take account of the significant progress that Indonesia has already made." Much of the progress, he declared, was due to Suharto's "strong and remarkable leadership."

In 1998, massive protests led Asia's longest-reigning dictator to step down. Hence Wolfowitz quickly changed his tune, later characterizing Suharto in an interview on PBS Newshour with Jim Lehrer as someone who "without any question was fighting reform every step of the way."(3) Yet, he continued to defend the Indonesian military as a force for good.

On February 17, 1999, Wolfowitz was in the secretary of state's private dining room for a working dinner called by its hostess, Madeleine Albright.

The invited guests were academics, all of them Indonesia specialists.

After a dessert of apple crisp and rum-raisin ice cream, the secretary of state asked the guests specific questions about developments in Indonesia, a country she was preparing to visit in March. The last topic of discussion was East Timor.

Geoffrey Robinson, a historian at the University of California, Los Angeles, had been designated to speak on the matter. A State Department representative had told Robinson that he was to discuss alternatives to a referendum in East Timor, to explain what would be viable options other than a one-person-one-vote process as there were elements within the State Department who did not support that concept. Despite those instructions, Robinson made it clear in his remarks that only a legitimate act of self-determination -- in the form of some sort of universal ballot organized and run by the United Nations -- would satisfy the East Timorese population, and that there were no viable alternatives.

Sitting at the other end of the table, Wolfowitz quickly responded, informing Albright and the other guests that independence for East Timor was simply not a realistic option. Employing language long utilized by Jakarta, he argued that East Timor would descend into civil war if Indonesia were to withdraw, leading to the same sort of chaos that unfolded in 1975. The problem in East Timor, he contended, was one of tribal and clan- based differences. Only the Indonesian military had been able to put an end to the fighting, according to the esteemed former professor.

A State Department official politely called the evening to a close as soon as Robinson informed Wolfowitz of the wrong-headed nature of his analysis.

Several months later, East Timor overwhelmingly opted for independence in a UN-run ballot. In response, the TNI and its militia proxies killed many hundreds of civilians, while raping untold numbers of women and girls and laying waste to the vast majority of the territory's buildings and infrastructure, before finally withdrawing. As when Indonesia invaded the former Portuguese colony in 1975, it was not the atavistic propensity of the East Timorese to fight amongst themselves that was the problem, but an aggressive and brutal TNI and its patrons in Washington (among other Western capitals).

The TNI's myriad crimes in East Timor could not have happened without the significant economic, military, and diplomatic support of the TNI from the United States. Indeed, such support was decisive in allowing the 1975 invasion to take place and for the occupation to endure as long it did.

But Washington -- and a compliant corporate media and Beltway pundit class -- have effectively buried this history.

The intentional nature of this "forgetting" -- in addition to the deep bipartisan nature of support for US empire and an ugly global status quo -- was on shameless display on May 13, 2000, in Italy at the Bologna Center of the Johns Hopkins University. The guest speaker was Richard Holbrooke, a man who had also served as assistant secretary of state for East Asian and Pacific affairs- during the Carter "human rights" administration-and who thus also has a great of East Timorese blood on his hands. Introducing him was Dean Paul Wolfowitz.

After Wolfowitz's flowery welcome, Holbrooke returned the favor, cracking a joke about how the introduction showed that he gets "better treatment from Republicans than Democrats in some quarters." He then praised the former ambassador to Jakarta as "a continuing participant in the effort to find the right policy for one of the most important countries in the world, Indonesia." Holbrooke proceeded to explain how Wolfowitz's "activities illustrate something that's very important about American foreign policy in an election year and that is the degree to which there are still common themes between the parties. East Timor is a good example. Paul and I have been in frequent touch to make sure that we keep it out of the presidential campaign, where it would do no good to American or Indonesian interests."(4)

Yet, despite such efforts, Congress significantly weakened military ties with Jakarta in 1999 and has since prevented reinstatement as a result of public outrage over the TNI's atrocities in East Timor and elsewhere, and past US support for such. It is this situation that Paul Wolfowitz and the Bush administration are eager to reverse. The tragedy in Indonesia has provided an opportunity to do just that.

Almost all of the tsunami deaths took place in the region where over 160,000 people of a population of 4.2 million have perished. Much of its capital city of Banda Aceh and most of the province's coastal towns and villages are in ruins, with about 500,000 people homeless. Oil-rich Aceh is also the site of a long- standing war for independence, one that has resulted in the deaths of somewhere between 10,000 and 20,000 civilians, almost all of them victims of a brutal TNI counterinsurgency campaign against a pro-independence movement that enjoys widespread support. As a result, Jakarta's brutal efforts to crush the insurgency are unpopular to say the least.

At one of his two press conferences in Jakarta on Sunday, February 16, 2005, Wolfowitz argued, "Everybody recognizes that the most important thing right now is to meet the needs of the people of Aceh," suggesting that the best way to do so was to increase the TNI's logistical capacity.

Referring to the Bush administration's post-tsunami decision to grant to Jakarta replacement components for US-produced military transport planes, Wolfowitz asserted that there is "no controversy whatsoever in my country about the fact that we are now providing spare parts to get Indonesian C-130s flying."(5)

The East Timor Action Network, some human rights groups, and organizations of Acehnese refugees in the United States, however, have communicated to Washington that they do not approve of any assistance from Washington to the TNI -- including that characterized as "non-lethal" -- as it inevitably increases the TNI's repressive capacity. At the same time, they do want the TNI -- an institution widely distrusted, if not hated, in Aceh -- involved in the distribution of aid in the province.(6)

According to various reports in the weeks following the tsunami, the TNI exploited the crisis and undercut the delivery of humanitarian assistance by refusing to allow local non- governmental organizations to distribute aid channeled through the Indonesian government. In addition, the TNI continued to target the Free Aceh Movement (GAM) and its civilian supporters despite the GAM's post-tsunami declaration of a unilateral cease-fire.

Nevertheless, Wolfowitz argued at both press conferences that weak U.S ties with the TNI exacerbate the problems of Indonesia, from the country's ability to respond to humanitarian crises to ongoing efforts of military reform. "I think if we're interested in military reform here, and, certainly this Indonesian government is, and our government is, I think we need to reconsider a bit where we are at this point in history," stated Wolfowitz. Echoing the same baseless arguments he made in the 1990s, Donald Rumsfeld's deputy claimed that the way to promote the TNI's supposed efforts to make itself more professional and accountable is to lift Washington's current restrictions and increase US military sales and training. In this way, so goes the logic, the TNI would be exposed to democratic values and practices.

But just as before, there is no evidence that exposure to the alleged democratic values of the Pentagon improve the conduct of allied militaries abroad; to the contrary, US training often makes them more efficiently brutal. At the same time, there is nothing to indicate that the TNI has changed or is interested in doing so.

Human rights groups report continuing widespread atrocities by the TNI -- especially in Aceh and West Papua. An October 2004 report by Amnesty International, for example, writes of "evidence of a disturbing pattern of grave abuses of civil, political, economic, social and cultural rights" in Aceh for which Indonesian security forces bear "primary responsibility." The human rights violations -- including extrajudicial executions, torture and the rape of women and girls -- have taken place at a scale "so pervasive that there is virtually no part of life in the province which remains untouched," the Amnesty report says.(7) Meanwhile, Jakarta -- partially following Washington's lead on impunity for international crimes for everyone except official US enemies -- has not held any Indonesian political or military personnel responsible for the myriad crimes committed in East Timor or elsewhere.

But such facts have fallen on deaf ears in the Bush administration. On February 27, the US State Department announced the full reinstatement of International Military Education and Training (IMET) funding to Indonesia, stating that the program "will strengthen [Indonesia's] ongoing democratic progress." The reinstatement followed on the heels of Secretary of State Condoleeza Rice's fraudulent certification that the TNI had complied with conditions legislated by Congress.(8)

Such news undoubtedly brought another smile to Paul Wolfowitz's face.

But for those truly concerned with human rights, democracy, and international law, there is nothing to smile about: As it did in the 1980s and 1990s, Wolfowitz's current recipe for Indonesia will not bring about "reform," but will only make Washington complicit in the TNI's war crimes and crimes against humanity.

[Joseph Nevins, an assistant professor of geography at Vassar College in Poughkeepsie, New York, is the author of Operation Gatekeeper: The Rise of the "Illegal Alien" and the Making of the US-Mexico Boundary. Cornell University Press will publish his latest book, A Not-So-Distant Horror: Mass Violence in East Timor, in May. A shorter version of this piece appeared in the print edition of CounterPunch.]

Notes:

(1) United States Congress. "United States Policy Toward Indonesia," Hearing before the Subcommittee on Asia and the Pacific of the Committee on International Relations, House of Representatives, 105th Congress, May 7, 1997, Washington, D.C.: US Government Printing Office, 1998.

(2) United Nations Commission on Human Rights, Report by the Special Rapporteur, Mr. Bacre Waly Ndiaye, on his Mission to Indonesia and East Timor from 3 to 13 July 1994 (E/CN.4/1995/61/Add.1), November 1, 1994.

(3) Tim Shorrock, "Paul Wolfowitz: A Man to Keep a Close Eye On," Asia Times Online, March 21, 2001; available at http://www.atimes.com/se-asia/CC21Ae01.html

(4) Richard Holbrooke, Speech to the Bologna Center of the Johns Hopkins University, May 13, 2000. Available online at http://www.un.int/usa/00hol0513.htm

(5) Transcripts of the press conferences are available at http://www.defense.gov/transcripts/2005/tr20050116- depsecdef1989.html and http://www.defense.gov/transcripts/2005/tr20050116- depsecdef1990.html (6) See East Timor Action Network press release, "Tsunami Must Not Sweep Away Restrictions on Indonesian Military," January 13, 2005; available at http://etan.org/news/2005/01tsun.htm

(7) Amnesty International, "Indonesia: New Military Operations, Old Patterns of Human Rights Abuses in Aceh," October 7, 2004; available at http://web.amnesty.org/library/Index/ENGASA210332004?open&of=ENG-IDN

(8) US Department of State, "Indonesia: Secretary Rice's Decision to Certify International Military Education and Training" (press statement), February 26, 2005; available at http://www.state.gov/r/pa/prs/ps/2005/42752.htm

Malaysia complains about demos at Embassy in Jakarta

Tempo Interactive - March 10, 2005

Yuliawati, Jakarta -- The Malaysian government has made complaints regarding demonstrations by Indonesians in front of the Malaysian Embassy in Jakarta.

The Malaysian Ambassador to Indonesia said he hoped that the demonstrations would not get out of hand and lead to any form of anarchy.

"Apparently they feel uncomfortable about the demonstrations," said Hidayat Nur Wahid, Chairman of the People's Consultative Assembly (MPR) following a meeting at the parliament complex, with Meriam HJ Yaacob, First Secretary of the Malaysian Embassy, in Jakarta on Thursday (10/3).

During the meeting, Hidayat asked that the Malaysian government to understand the people's protests. "Their protests indicate that members of the public want to make their feelings clear about defending the country," he said.

Business & investment

Government revives idea for tax amnesty

Jakarta Post - March 10, 2005

Rendi A. Witular, Jakarta -- While the pace of reform of the tax system to prevent corruption is not yet in full swing, the government has revived a controversial idea for providing a tax amnesty for certain tax evaders.

There are fears that granting such an amnesty may violate the public's sense of fairness and justice, while it would also be difficult for the tax office to properly determine which taxpayers are indeed eligible for such an amnesty.

"We are currently preparing a draft bill for a tax amnesty to be forwarded soon to the House of Representatives for deliberation. We hope to gain approval from lawmakers for the plan," Vice President Jusuf Kalla told The Jakarta Post on Wednesday. Kalla did not disclose the objective of the amnesty, but according to a source at the Ministry of Finance it is part of efforts to expand the taxpayer base by encouraging taxpayers -- who may have evaded taxes for many years -- to pay their taxes in future.

Many believe that the amnesty is also aimed at luring back billions of dollars parked overseas by Indonesia's conglomerates in the aftermath of 1997-1998 financial crisis, in order to avoid tax payments.

The source said the amnesty would cover both individual and corporate taxpayers, and they would be able to settle unpaid taxes paying between 10 percent and 20 percent of the total.

For corporate taxpayers, the proposed amnesty would cover unpaid taxes between 1995 to 2003. For individual taxpayers, the government is still undecided.

"I think the current situation is not appropriate for granting such an amnesty because of the country's corrupt and inefficient tax administration. It will only benefit bad businessmen," said the source.

The tax amnesty plan is one of the administration's top priorities, initiated by Coordinating Minister for the Economy Aburizal Bakrie, who is a former chairman of the Indonesian Chamber of Commerce and Industry (Kadin).

Kadin, the country's most powerful business lobby group, has been promoting the idea of a tax amnesty for the past two years as part of its comprehensive tax reform proposal that it submitted to the government.

The previous administration rejected the proposal over concerns that recalcitrant taxpayers and corrupt officials would abuse the facility, exacerbated by a lack of transparency and weak law enforcement.

Another concern is that it may discourage honest taxpayers in continuing to pay their taxes, in the hope that they too would be granted such a facility sometime in the future.

Director General of Taxation Hadi Purnomo is known to be among those who reject the plan, arguing that the current lack of transparency in the tax system may lead to abuse of such a facility.

The Tax Office is the nation's most important source of revenue, with the government seeking to ensure fiscal sustainability and reduce its dependency on foreign loans.

Opinion & analysis

Fuel for debate

Jakarta Post Editorial - March 16, 2005

The arguments made by several factions at the House of Representatives to support their stubborn demands for the total cancellation of the March 1 fuel price hikes not only miss the whole point of good energy policy and prudent fiscal management but also have little to do with what they claim to be the interests of the people.

House members who have been campaigning for an outright rollback of the new fuel-price policy could not have been so ignorant of the strategic importance of gradually reducing fuel subsidies for the long-term good of the economy and for developing energy security, which is as vital as food security.

The current government could choose the easy way, taking the populist measure by continuing the wasteful subsidy spending at the risk of leading the economy into a much more devastating crisis within two to three years.

A subsidy is a future tax and consequently burdens the economy and a fuel-price subsidy is even more damaging because it causes the misallocation of scarce resources. Instead of helping the large poor segment of the population, such an across-the-board subsidy benefits the middle and upper classes more -- those who own motor vehicles.

The economic rationale of gradually bringing fuel prices to their real economic cost has been so obvious that it has intermittently been introduced since the 1980s. Between 1998 and 2004 alone, fuel prices have been raised 14 times.

Take for example, the development of alternative energy resources. Our economy's increasingly heavy dependence on subsidized fuel has hindered the development of geothermal and natural gas for domestic use. The country has more than 150 trillion standard cubic feet of proven natural gas reserves, but the development of domestic gas distribution networks has been made commercially unfeasible by the abnormally cheap fuel.

Conveniently maintaining the domestic fuel prices at their pre- March 1 levels would also cause a most devastating impact on the fiscal sector in that the state budget deficit would explode to an unmanageable level. This would breach the fiscal guidelines the House has imposed on the government.

An unsustainable fiscal deficit would steeply increase the country's sovereign risks, which in turn would sharply hike the interest charges of the more than Rp 610 trillion (US$68 billion) of bonds the government has issued to bail out the banking sector. Higher sovereign risks would also adversely affect the interest payments on the Rp 50 trillion worth of new rupiah and international bonds the government plans to float this year to plug the budget hole.

Yet a more damaging impact of perceived high sovereign risks would be the dumping of government bonds in the secondary market by jittery investors. This is not an exaggerated risk because the oil price assumed for the estimated Rp 40 trillion in fuel subsidies this year after the March 1 price increase is US$35 a barrel, while the actual international crude oil prices, which are now hovering at around $50 a barrel, will most likely average $40 a barrel for the whole year Protracted debates about the March 1 fuel price policy have diverted the attention and resources of the government from the much more urgent task of managing the distribution of a relief package for the poor and ensuring the smooth distribution of essential commodities to control the inflationary impact of the policy.

We wonder what is the real agenda of the party that led the opposition to the fuel price hike, the Democratic Party of Struggle (PDI-P). It was the PDI-P leader, the former president Megawati Soekarnoputri, who should have bitten the bullet, lifting the subsidies in early 2004.

If the PDI-P's motive is really to serve the interests of the people, they should campaign for a more effective mechanism for distributing the aid package and help scrutinize the government's fuel distribution scheme to prevent speculation and smuggling.

If the fuel-price hike opponents truly want to prevent those on the brink of absolute poverty from plunging into the abyss, they should analyze and critique the government's pro-business policies to create jobs, or come up with feasible alternatives of their own.

"Harassing" the government with pointless arguments and unfeasible alternative policy instruments to fuel-price hikes could cause a prolonged political deadlock and continued street demonstrations at the expense of social, political and economic stability.

However, this stalemate should also prompt the government to speed up an independent audit of the refining and distribution costs of the state oil monopoly, Pertamina, to make its fuel pricing more credible.

A credible pricing policy would make the political and economic environment more conducive to floating fuel prices -- except kerosene for household use -- in line with those of our neighbors, as was done in 2002. This would shield the government from the political strife it must weather every time local prices have to adjust to international ones.

Old problems, new burdens

Jakarta Post Editorial - March 14, 2005

Every time the government raises domestic fuel prices closer to their real economic cost, businesspeople always raise a rumpus, urging the government to deal firmly with the old problems of red tape, illegal levies, and corrupt tax and customs services to offset the additional burden on business.

This was also the case after the March 1 fuel price hikes. Most businesses argue they will not be able to remain competitive under the new environment of higher fuel prices if the government does not act immediately to cut other costs related to government regulations and public services.

The Riau chapter of the Indonesian Employers Association notified economics ministers last week that 24 more foreign investors on Batam island had threatened to pull out due to the worsening business climate and the uncertainty over that island's free- trade status.

The complainants are not skittish investors who are demanding special facilities or preferential treatment. Their grievances are legitimate as they have found that their international competitiveness is being eroded by an inimical business climate. Now, higher fuel prices are imposing additional burdens on them.

The government should fully realize why the competitive edge of our economy has steadily been declining. Many studies have diagnosed the problems and made policy recommendations. But the leadership and political will of the new government seem to not be as strong as the political mandate it received in last year's presidential election.

Indonesia consistently performs abysmally in all international surveys of economic competitiveness and invariably ranks far below all of the other founding members of ASEAN. The 2004 Economic Freedom of the World Report, which was prepared by Canada's Fraser Institute last July, ranked Indonesia 86th out of the 123 countries assessed in terms of good governance, access to sound money, freedom to trade internationally, regulations on credit, and labor and business, legal structures and security of property rights.

Indonesia also ranked very low in both indices of the Global Competitiveness Report 2003, which was prepared and issued by the Geneva-based World Economic Forum. It was rated 66th out of 102 countries surveyed in the growth competitiveness index and 58th in the business competitiveness index.

Overall, businesses in Indonesia shoulder almost twice as much in administrative costs and have to struggle through twice as arduous bureaucratic procedures as their counterparts in other ASEAN countries.

The higher business risks and gross inefficiency in Indonesia can, for example, be seen from the much higher terminal handling charges (THC) for containers charged by foreign shipping companies at Indonesian ports than at other ports in ASEAN countries. For example, the THC for a 20-foot container in an Indonesian port is set at US$150, as against $110 in Singapore, $100 in Malaysia and a mere $60 in Thailand, the latest data from the Far Eastern Shipping Conference shows.

The government needs to take a more strategic view of all the weaknesses of our economy, and realign its list of priorities with the focus on creating a sound business environment so as to woo new domestic and foreign investment.

Pointless regulations foster corruption. The more irksome the rule, the greater the incentive to bribe officials not to enforce it. Red tape is one of the chief obstacles to growth in almost all poor countries.

There is much that governments can do to promote reform even when lacking a clear mandate for wide-ranging action, let alone the current government which possesses such a strong a political mandate.

Moving ahead in areas where the basis for reform has been best prepared and laying the groundwork for further reform by setting out to shape, or reshape, popular understandings of the issues would inspire business confidence about the direction of the country's economic management.

Laggards sometimes argue that reforms are difficult and costly to enact. But what could be simpler than scrapping a stupid rule? Simplifying procedures is harder, but not too hard. There are plenty of examples to learn from.

It needs to be remembered that it's a vicious circle -- an economy can never be competitive if its businesses are not productive, while its businesses will never be productive if the investment climate is not supportive.

Fuel price hike: Is it truly for the sake of the poor?

Jakarta Post - March 12, 2005

Azas Tigor Nainggolan, Jakarta -- On March 1 the government raised the prices of most fuel products despite many protests from the community. The present price hike, the government said, was necessary to cut the subsidies, which have become too costly, and do no benefit the poor or the little people, who actually deserve them. If the prices of fuel remain as they are, the subsidies that should actually go to the poor will only benefit people able to afford motor vehicles.

Now that the government has raised the prices of fuel, the subsidies that should actually go to these fuel prices are not channeled as compensation for programs to empower the poor.

All the government's considerations behind this price hike decision sound reasonable and highly populist. But, why has President Susilo Bambang Yudhoyono hinted that it is likely that this policy will make him unpopular, a situation that he has said he is ready for? Why, also, has the plan to raise fuel prices led to social restlessness and rejection? Based on their own experiences, the public will say that the government's promise to redirect the subsidies to the little people is, "bullshit and that the poor will never benefit nor will their interests be protected." Pledges of assistance for the poorest people will only be an attempt to dupe the public so that they will not react against the government's price hike policy.

This public's rejection and distrust are not made up, but they are real. The government has made promises only to calm the public. Our experiences show that every time the prices of fuel are raised, the prices of other commodities will rise too and the cost of living will be higher, as well. The result is that life will become more and more difficult for the poor.

The government has repeatedly said that a portion of the subsidies that otherwise would go to the prices of fuel would now be channeled to the poor in the form of subsidies for education, health and public transportation. What frequently happens is that even before the prices of fuel are raised, public transportation companies increase their fares. Their demand that transportation fares should be increased clearly hurts the little people because they use public transportation.

Besides, this demand also runs counter to the commitment to reduce fuel subsidies to help the poor. Public transportation companies say that unless transportation fares are hiked, the companies will go bankrupt once the government raises the prices of fuel. Actually the fuel price increase will only increase costs for most transportation businesses by 7 percent.

In actuality, the largest portion of the operational costs for the transportation business is for illegal fees to unscrupulous government officials. A company, for example, must pay extra money when obtaining a business transportation license.

Then there are additional operational expenses on the road. A public transportation company must pay double the cost for the road worthiness tests every six months and pay more because the prices of spare parts continually increase. A public minivan driver, for example, must spend at least Rp 30,000 in illegal fees at bus terminals or on the road.

Most such public transportation drivers can only take home between Rp 40,000 and Rp 50,000 a day. Certainly, these illegal fees will also increase along with the fuel price hike because the cost of living for the officials that collect them will go up too, so they just pass on the burden to the drivers.

Likewise, when we talk about abuse in the distribution of the low-income assistance funds to offset price hikes, we will find a lot of irregularities committed by government officials from the top to the bottom levels. Take Jakarta, for example: It has been frequently reported, directly by the residents, or in the mass media, that there are irregularities in the distribution of cheap rice.

The fact is that not a single corrupt official has been incarcerated while these irregularities continue unchecked. According to the regulation, a poor family can receive 10 kilograms (kg) of rice for Rp 1,000 per kg, but in reality they receive only 5 kg and have to pay Rp 1,500 per kg. It is said that poor people will be exempted from educational and medical treatment costs, but in reality there is no such thing.

Children from poor families cannot go to school as they cannot afford the school fees. Poor families cannot get proper medical treatment because they don't have enough money, especially now that the Jakarta provincial administration has privatized many hospitals. Obviously, this privatization will make it harder for the poor people to benefit from the fund that otherwise would be used to subsidize fuel prices.

Given all these irregularities in the distribution of the fund that should otherwise be used to subsidize fuel prices, there is reason enough to justify the rejection of the fuel price hike. The public not only refuses the fuel price hike, but would like to reject the promises that the government makes when raising fuel prices.

Care for the poor or siding with them should not be limited only to rhetoric to justify a difficult decision like raising the prices of fuel in order to maintain the popularity of the president. The administration of Susilo Bambang Yudhoyono must have their own creativity to make breakthroughs in channeling funds to the poor families.

They can, for example, exempt public transportation from license plate fees, the route license fees, or, reduce the import duties on spare parts for public transportation vehicles. The government should no longer repeat past practices of distributing or spreading assistance funds as, in the end, a large portion will be siphoned off.

Of no less importance is that the government must show greater courage to take action against government agencies involved in irregularities when distributing these funds. The government must also have the courage to take action against agencies at lower levels that make policies that contradict the commitment to help the poor.

The government must not only talk, but must also take action, for example, against Jakarta Governor Sutiyoso, who is planning to privatize many hospitals in Jakarta. Obviously, this privatization policy will make it difficult for the poor to obtain health services at a low cost.

[The writer is chairman of Jakarta Residents Forum (FAKTA).]

Aceh's aid aftershock

Sydney Morning Herald Editorial - March 11, 2005

Now that the tsunami relief money for Aceh is on the table, there is a tussle looming over how to spend it. The rosy bilateral glow of January -- when Australia made its $1 billion pledge -- was always going to dim when it came to the much tougher task of hammering out the details. That challenge begins next week in Canberra when Australian and Indonesian ministers meet for the first time over the tsunami aid package. And the differences are already apparent.

Indonesia is, understandably, nervous about how the aid effort is unfolding. Conditions are more difficult than could ever have been foreseen. As well as claiming the lives of hundreds of thousands, the tsunami wiped out much of the infrastructure and staff of local government, the very network upon which recovery depends. Then there is the money. So much of it. Any rush of cash into a poor region triggers localised hyper-inflation, like that which dogged the reconstruction of East Timor. It is not surprising, then, that Jakarta is bemoaning the way foreign aid donors are poaching the very public servants it needs to maintain its programs.

The head of Indonesia's National Planning Agency, Sri Mulyani Indrawati, fears history will judge her Government harshly, especially if large sums of money are lost to poor co-ordination. Friction is also building between international aid agencies as they compete for plum projects such as roads and schools. Dr Indrawati wants more funds channelled through Indonesia's national budget.

The Aceh aid effort is a crucial political test for President Susilo Bambang Yudhoyono and his pledge to combat endemic corruption, especially rife in the Aceh's civil war zone. Domestically, Dr Yudhoyono needs to be seen to be leading the relief effort in Aceh, not flailing around as his public servants desert the bureaucracy for better-paid jobs funded by foreign aid donors.

But there are sound longstanding reasons foreign governments do not hand over chunks of cash to plug the national budgets of any country. Experience shows that while foreign aid intended for health, for example, may indeed go to health, it can, at the same time, free up funds for, say, arms purchases.

Thus the aid produces no net benefit. There is no reason to doubt Dr Yudhoyono's commitment to transparency and accountability in Aceh. But Indonesia ranks as one of the world's most corrupt nations. The Australian Government must continue to insist next week that the entire $1 billion aid package remains under joint scrutiny. Canberra can, however, afford to be sympathetic and should commit itself to building Indonesian expertise, not just sending in Australian officials.

There is room, too, for some flexibility about where Australia's money goes. Indonesia is a very poor, populous nation. Resentment could be fostered if Aceh gets a Rolls-Royce health system and other impoverished communities are left to struggle. But conditions in Aceh are so daunting that no donor should be rushing to spend its money too quickly, nor pump it into the Indonesian budget instead. There is only one road to recovery in Aceh; it is long, slow and very bumpy.