News & issues

Government takes aim at pornography, indecency

Jakarta Post - June 3, 2005

Jakarta -- Irked by rampant cases of rape, sexual assault and abuse, the government will launch a campaign next month to combat pornography and indecency, with children and youth being the target.

The plan comes despite the fact that the definition of pornography remains debatable in the predominantly Muslim nation.

"What we will do is warn families of the dangers of pornography, and educate youth so as improve and strengthen their behavior," says State Minister of Youth and Sports Affairs Adhyaksa Dault.

The government will provide youth with books and training by experts to deter them from looking at pornographic material. "Our goal is to target children and youth who are still in school, not adult celebrities or others," the minister said. People need to be protected from the negative influences of outside cultures, he argued.

The "National Movement for Porn-Free Families" is slated to start by the end of June to fight the rising trend of sexual misconduct. Students in elementary and high schools are the targets.

It will involve Adhyaksa's office, the Office of the State Minister for Women's Empowerment and relevant government institutions. The campaign corresponds with the government's move to revise the Criminal Code (KUHP), which critics say represses artistic works.

State Minister for Women's Empowerment Meutia Hatta said pornography should be attacked from all sides, a move that should be supported by all government agencies, private institutions, psychologists and cultural observers.

President Susilo Bambang Yudhoyono, Meutia said, backs the campaign. "To implement it, we will join hands with the Office of the State Minister of Tourism and Culture, the Ministry of Communications and Information, the Ministry of Religious Affairs, the Ministry of National Education and the National Police," Adhyaksa said.

The police will spearhead the campaign, he added without elaborating.

Meutia said the campaign was in response to many reports of rape, sexual harassment and assault, including one in which a six-year-old child was recently burned alive after being gang raped in Bekasi, West Java.

Adhyaksa said he had received a report that at least 13 elementary school students masturbation together after watching a pornographic video compact disc (VCD).

Adhyaksa said the campaign would also involve families and educational institutions in a comprehensive action program.

Meutia said the campaign would make people aware that pornography could destroy the nation, and that children should understand that pornography was not created for them.

Every mother, she added, should warn her children against any type of pornography or lewdness, such as through short massaging services (SMS), the Internet and VCDs.

"Each time I have attended meetings or seminars for women's empowerment, I have always reminded the audiences about the matter," she said. Meutia said the Ministry of Communications and Information would provide a hotline number for reports of sexual abuse.

To protect children from pornography and indecent acts, she said, the censorship institute should restrict suggestive material in public places. "People who violate the restriction deserve punishment. Therefore, a 'pornography bill' should be passed this year," the minister said.

Meutia and Adhyaksa said all print and electronic media would be asked to support the campaign by banning all pictures, advertisements or programs that exploit sensuality and sexuality. "The media already have their own code of ethics, which they need to apply," Adhyaksa said.

Aceh

Army says almost 4,000 Aceh rebels killed in 2 years

Kyodo News - June 8, 2005

The Indonesian military claimed Wednesday to have killed almost 4,000 rebels of the Free Aceh Movement during the two-year-long martial law and civil emergency that ended last month, while only about 200 soldiers died, half of them for non-combat reasons.

Indonesia imposed martial law in the troubled Sumatra Island province of Aceh on May 19, 2003, and launched a military operation to crack down the rebels of the movement, which is locally known as GAM, after Jakarta and GAM failed to reach a peace deal. The status was extended for another six months on November 19 that year.

On May 19 last year, then President Megawati Sukarnoputri lifted the martial law and imposed a state of civil emergency in the northernmost province, which was devastated by last December's earthquakes and tsunamis, killing almost 130,000 people.

The status was extended for another six months and last month, President Susilo Bambang Yudhoyono lifted the status amid peace talks between the government and GAM that resumed in January this year. A peace accord is expected in July or August.

Indonesian Defense Forces Commander Gen. Endriartono Sutarto told a group of parliamentarians visiting military headquarters in East Jakarta that 3,738 rebels and 213 soldiers were killed during the period. He stressed, however, that half of the soldiers were died due to non-combat reasons, such as in accidents, of illness or being shot by their fellow soldiers.

"During the first period of the martial law, the level of death among our soldiers was high because we had no enough military accessories such as night-vision glasses, helmets and anti-bullet vests," Sutarto said, adding that 75 soldiers were killed during the period.

According to the military chief, before the martial law was imposed, between 5,000 and 6,000 rebels were fighting for Aceh independence with between 2,000 and 2,500 weapons.

The number of the rebels increased to between 9,000 and 10,000 during the first period of martial law, with between 3,000 and 3,500 weapons. "But after a massive military offensive, their current number is between 1,200 and 1,500 with about 500 weapons," Sutarto said.

When the tsunamis hit the province on Dec. 26, the military lost about 400 weapons. "And an arrested rebel told us that 100 of the weapons had been found by his compatriots," the general said.

Sutarto also said that during the two-year period, 2,825 rebels surrendered and 3,030 were captured, while 2,330 weapons were confiscated.

During the occasion, Sutarto also reiterated his statement that the military will not withdraw its soldiers from Aceh when a peace accord is reached.

GAM has been waging a war for Aceh independence since 1976. The rebels accuse the central government of human rights violations in Aceh and of squandering the province's natural resources while leaving the Acehnese in poverty. At least 12,000 people, mostly civilians, have been killed in the conflict.

Helsinki talks are a VP's personal initiative: Sudarsono

Kompas - June 7, 2005

Jakarta -- The Minister of Defense, Juwono Sudarsono, says that the Helsinki meetings which are an informal forum for discussions between Indonesia and the Free Aceh Movement (GAM) are a personal initiative on the part of Vice-president Jusuf Kalla.

This was explained by Sudarsono at a working meeting with the People's Representative Assembly (DPR) Commission I on Monday June 6 which was chaired by Theo L Sambuaga from the Golkar Party fraction. "Neither the Minister of Defense, the Minister for Foreign Affairs nor the Minister for Home Affairs have been involved in the Helsinki meetings", he said.

Sudarsono explained however, that "It was the vice-president's initiative and I believe that it remains valid in terms of handling the political theater which is called international concern over Aceh".

Sudarsono was responding to a question from Commission I member Permadi from the Indonesian Democratic Party of Struggle (PDI-P) who is concerned about the Helsinki meetings because they give the impression that by tasking the Minister for Justice and Human Rights Hamid Awaluddin as the head of the delegation, it is not seen as an official government assignment but a personal proposal by Kalla. PDI-P fraction member Effendi MS Simbolon also doubted the effectiveness of the meetings saying the GAM delegation which has been invited to the negotiations does not represent GAM in Aceh.

AS Hikam from the National Awakening Party (PKB) fraction is also asking Sudarsono to end the meetings because they are a private initiative. The reality he said, is that these informal meetings have become formal.

Speaking personally, Sudarsono said he is not too worried that the Helsinki meetings have remained informal. If the talks fail the government will not be held accountable. On the other hand, if the government is convinced that the outcomes are positive it can take the results of the informal meetings and use them as a basis for official negotiations.

With regard to concerns that the Aceh question is being internationalised, Sudarsono said Indonesia is part of the United Nations which acknowledges the sovereignty of states to determine their own future, but also provides space for other states to play a role in issues which are of international concern. "For the department of defense what is important in informal or official negotiations is not to let our soldiers in the field die for nothing. For me, the value of one soldier is the same as 1,000 cleaver people", he said.

Parliament divided

Although a number of DPR members have raised questions about the Helsinki meetings, the parliament is in fact divided. In practical terms it is only the PDI-P fraction, the National Coalition(1) fraction and members from some other factions which are insisting the talks be ended. The fractions in the People's Coalition(2) and a number of other fractions meanwhile agree that the government should continue the meetings.

On Sunday, the head of the PDI-P fraction Tjahjo Kumolo called for the Helsinki meetings be terminated and moreover should not be allowed to reach an agreement. The head of the National Coalition agreed. "There have been enough talks with GAM. They should stop. The outcome of the negotiations have already hurt Indonesia's position. GAM has taken advantage of the meetings to place themselves on par with NKRI(3). As a sovereign nation, we must oppose these meeting", said Ali Masykur.

The deputy heads of the National Mandate Party (PAN) fraction, Djoko Susilo, Dradjad Hari Wibowo and Fuad Bawazier who were contacted on Monday, also continue to opposing the meetings. PAN fraction secretaries Muhammad Nadjib and Ahmad Farhan however support the meetings.

According to Bawazier, the Helsinki meetings have damaged Indonesia. This can be seen from the three points of agreement with GAM which allow GAM to conduct business activities overseas, to hold maritime boundary rights of 12 miles, to hold local elections and have a local political party. "[To hold] local elections is the same as a referendum, [conducting] business overseas and maritime rights mean the same as a federated state. The DPR must oppose these negotiations", he said.

Farhan however has a positive view of the Helsinki meetings and says that there is no need to worry that they will impinge on the existence of NKRI. On the question of overseas trade and maritime rights these are in fact already regulated by Law Number 32/2004 on Regional Governments. "What is crucial is only the issue of elections and local parties. If this is agreed to it will require legislative changes", he said.

Time limit

At a meeting on Sunday, the People's Coalition agreed to support the Helsinki meetings but to set a time limit of August 17. The meeting which was chaired by the head of the Democratic Party fraction Soekartono Hadiwarsito was attended by Golkar Party fraction leader Andi Mattalata, Justice and Prosperity Party (PKS) fraction leader Untung Wahono and PKS deputy fraction leaders Sutan Bhatoegana and Muhammad Nadjib.

"It would be best if before August 17, the meetings be ended and the government present the results to the DPR", said Hadiwarsito. "After that, enough, disband the delegation", said Bhatoegana.

Aceh councilor Nasir Djamil believes that the Helsinki meetings are important because they have a direct relationship with the rehabilitation and reconstruction of Aceh.

DPR speaker Agung Laksono has conceded that the DPR has reached a new agreement which will permit the government to continue the negotiations but with a clear time limit. "On the issue of the agreement in general terms there's no problem, only on the proposal for local parties in Aceh. This contradicts the constitution and other regulations of the republic", he said.

The coordinator of the Aceh Working Groups, Rusdi Marpaung, said that there are no grounds for the DPR's concerns over the internationalisation of the Aceh question or that it will end up in a referendum. What is important at the moment said Marpaung is how can the international community participate in assisting the humanitarian emergency in Aceh and assist in the process of reconstruction and rehabilitation.

Separately, army chief General Djoko Santoso said that the negotiations between the government and GAM are the government's business. "We are only tasked with providing troops for operations [in Aceh], said Santoso in Bandung. (mhd/MAM/WIN/sut/dik/DWA)

Notes:

1. The Nationalist Coalition is made up of the Indonesian Democratic Party of Struggle, the Golkar Party, the Star Reform Party and the Peace and Prosperity Party.

2. The People's Coalition is made up of the United Development Party, the Democratic Party, the National Mandate Party, the Justice and Prosperity Party and the Democratic Pioneer Star Party.

3. NKRI - Negara Kesatuan Republik Indonesia, the Unitary State of the Republic of Indonesia. A term which is often used in the context of nationalism and the desire to maintain the integrity of the Indonesian nation.

[Translated by James Balowski.]

GAM leader accuses military of not wanting peace

Agence France Presse - June 6, 2005

Jakarta -- The head of rebels fighting for independence in Indonesia's Aceh province accused the military on Monday of not wanting peace as that would undermined its interests in the resource-rich area.

"The Indonesian military has its own economic, political, military and psychological interests in mind -- and not those of the Acehnese or even their fellow Indonesians," Free Aceh Movement (GAM) commander Muzakkir Manaf said.

Aceh is a source of income for the military, including the foreign aid pouring into the region after the devastating December 26 earthquake and tsunamis, he said in a statement. "A peace agreement might deny them that loot," he said.

Manaf said the military's opposition to peace talks between the rebels and the Indonesian government in Finland was reflected in comments by military chief General Endriartono Sutarto, who said GAM was not united and did not have the support of all the people of Aceh.

Sutarto said in Singapore on Saturday that GAM's forces were fractured and some factions were not only against the peace talks but also refused to obey the decisions taken by their exiled leaders in Sweden.

He also said that GAM did not represent the overwhelming majority of the Acehnese people. "What he is really saying is the following: 'If GAM can't make the agreement work among its own forces and among Achehnese, why are we bothering with these stupid talks. Let's keep fighting,'" Manaf said.

The Indonesian military has vowed to continue to conduct anti- rebel operations in Aceh as long as there was no peace settlement to the three-decade conflict. It has repeatedly said GAM was a threat to security.

"If any armed group is going to stop the agreement from working in the field or at the table, it will be the Indonesian military," Manaf said. A just settlement in Aceh would also challenge the military's claim to be the glue that holds Indonesia together, he said.

As negotiators in Helsinki draw closer to such a settlement, powerful elements of the Indonesian military were growing increasingly desperate, he said.

Indonesian government and GAM negotiators ended the latest round of talks in Helsinki last week and agreed to meet again in July.

Aceh, a western Indonesian province, has been a battleground for government and armed rebels since 1976 when GAM launched its campaign for independence, angered by what it said was Jakarta's exploitation of the province's oil and gas resources.

Peace talks to end the conflict were launched in Helsinki earlier this year after both sides agreed to return to the table in the wake of the December tsunami disaster.

Helsinki talks essential for Aceh and Indonesia

Jakarta Post - June 7, 2005

Aboeprijadi Santoso, Helsinki -- The Helsinki peace talks on Aceh may have to find a way to respect the Acehnese right to their own political parties, which the Free Aceh Movement (GAM) apparently is asking for as a compromise for dropping its independence demands. If this key factor is not agreed upon, the talks may be in jeopardy.

But leading legislators and military people in Jakarta have lately begun to question the "international" aspect of the talks and now demand termination of the peace process.

Just as the tsunami, five months on, is about to reveal its silver lining (the disaster provided impetus for the talks) with the fourth round of talks between the Indonesian government (RI) and GAM in Helsinki, a bloc of politicians have sparked controversy on the process. The talks, they say, have "crossed the line" by "internationalizing" the issue, which, they imply, may endanger the unitary state of Indonesia. The specter of East Timor has thus arisen again.

Ironically, quite the opposite may be the case. Of the items discussed, none seems to potentially threaten the prospect of the unitary state so anxiously feared in Jakarta. Rather than introducing the political weight of the international community, the Helsinki process, if successful, is likely to serve Indonesia's interests by bringing a peaceful, democratic and permanent settlement, which could strengthen the democratization and economic potential of both Aceh and Indonesia. Instead of offering "either democracy or unity", it may bring home both more firmly.

Many important issues, though not formally agreed upon yet, have found "common ground", ranging from amnesty and reintegration of GAM members and various aspects of local government, from the division of authority and equitable economic distribution to security issues and the need for monitoring the implementation of the peace pact on the ground. The very substance of the autonomy package has thus been agreed to, which according to the RI's chief delegate Hamid Awaluddin, is compatible with Indonesia's own Law on Special Autonomy No. 32/2004. Whether it is called "special autonomy" or "self-government" is merely semantics.

If this can be settled by amending Indonesia's Constitution, it could end the war and reintegrate GAM, unarmed and under whatever name, back into Acehnese society. But the problem of political participation remains.

Meanwhile, at issue in Jakarta is actually whether the United Nations (UN) or other countries may be involved, whose authority and interests, along with the public opinion, may impinge upon Indonesia's sovereignty, as with the East Timor issue. This is not the case. UN's target on East Timor was typically defined as "a just, comprehensive and internationally acceptable" solution -- which in many respects is quite the opposite of "a comprehensive, permanent solution with dignity for all parties involved" sought for Aceh in Helsinki. Peace facilitator Martti Ahtisaari of the CMI (Crisis Management Initiative) said recently that, from the outset the issue was going to be kept outside the UN. And he informed Kofi Annan of that.

It has also been agreed that the strength of the Indonesian armed units should be adapted to the real local needs and GAM forces and pro-Jakarta militias should be de-commissioned. The euphemism here is to "rationalize" the military presence. As with the Cessation of Hostility Agreement in 2002/2003, though, the devil will likely be in the details of the implementation. For, this has to be monitored, "not by a peacekeeping force," Ahtisaari stressed, but by the European Union and Asean teams of "about 150-200 unarmed officers, police and civilians", according to RI delegate Sofyan Djalil.

That may not be adequate for Aceh's complex geographic and political map, but it has been agreed that monitoring is a must to guarantee the implementation, and the teams will only come at the invitation of Jakarta.

So, what is the big fuss about "foreign interference"? With the proposed self-government, security arrangement and GAM's willingness to participate in local politics, Helsinki process should take the guns out of the politics. Since the conflict should be resolved democratically, any deal reached should enable local political parties to exist and accommodate local views.

Ahtisaari, who is aware of the complications to realize this principle under Indonesia's present legislation, has urged the parties "to find a way so that anyone who wants to participate in political life will have a chance to do that."

The roots of Jakarta's problem, however, may lie elsewhere. Historically, the Indonesian military has always had great difficulty accepting a negotiated settlement -- good examples were in the 1940s and during East Timor conflict. Jakarta's nationalist elite, too, find it hard to accept the complex problem of Aceh as a product of the decades-long injustice and the brutal, politically devastating war.

Jakarta's predisposition about Acehnese aspirations, therefore, becomes part of Indonesia's problem of nationalism-in-disarray. A number of serious missteps and xenophobic outbursts -- Timor violence (1999), the traumatic loss of Sipadan -- Ligitan (2002), the reckless division of Papua (2003) and the Ambalat frenzy this past March -- demonstrate similar responses to that very same problem.

With "Indonesian nationalism" thus facing real,existing local nationalism (Aceh, Papua), it is essential for Jakarta to save the Helsinki process and achieve peace: first, in order to facilitate the tsunami relief and reconstruction; second, to save resources wasted in warfare for rebuilding the economy.

Finally, a solid deal on Aceh may help inspire efforts to reconstruct a new Indonesia, one that is truly united and truly democratic. None of these, however, can be achieved without the local civil societies.

[The writer is journalist with Radio Netherlands.]

Attorney General supports public floggings in Aceh

Kompas - June 6, 2005

Jakarta -- The Attorney General supports public floggings as punishment for cases of gambling in Aceh. This support was conveyed by the Attorney General when meeting with a number of Acehnese figures last week to discuss Qanun (by-law) Number 13/2003 on gambling which stipulates the punishment of public flogging.

When contacted by Kompas on Monday June 5 the spokesperson for the Attorney General's office, Soehandoyo, said his offices' support for pubic floggings in Aceh is based on a respect for the Acehnese people's decision to choose Sharia (Islamic) law coming into force in the province.

"[The laws] which are in force in Aceh must be implemented. This also the case with the Qanun on gambling", he said while explaining that this support was strengthened by the views of Professor Satjipto Rahardjo.

On Thursday, the Attorney General received the head of the Aceh Mahkamah Sharia (Supreme Court for religious affairs) Syofan Saleh, the head of the Ulama (Islamic religious leaders) Consultative Council Professor Muslim Ibrahim, the head of the Acehnese Court of Traditional Law Drs Badruzzaman, the head of the Islamic Sharia Department Professor Dr Ali Yasa SH and the head of the Aceh Provincial Legislative Assembly who was accompanied by a lecturer from the Satjipto Rahardjo University factuality of law and the director of human rights and legal affairs Diani Sadiawati.

They are asking the prosecutors office in Aceh to appreciate the need for and to immediately implement the punishment of public floggings. It has been said that the prosecutors are already aware that the decision to carry out public floggings is a part of special autonomy for Aceh. (ANA)

[Translated by James Balowski.]

Military may wreck Aceh peace effort, rebels warn

Associated Press - June 6, 2005

Jakarta -- Separatists in Indonesia's Aceh province warned on Monday that Indonesia's powerful military may try to destroy an emerging peace deal to end the bloody, 30-year rebellion. The army denied it had any such intention.

"If any armed group is going to stop the agreement from working in the field or at the table, it will be the Indonesian military," said a statement by the Free Aceh Movement.

The warning comes just days after a fourth-round of talks between the separatists and the Indonesian government concluded in Helsinki, Finland. Indonesian officials said that negotiators had resolved 90 percent of the issues involved in establishing a lasting peace in the province.

However, Indonesian army chief Gen. Endriartono Sutarto on Saturday warned that combat operations against the rebels were ongoing and dismissed the importance of a peace deal.

The guerillas proclaimed a unilateral truce in the wake of the Dec. 26 earthquake and tsunami that killed at least 130,000 people in Aceh.

The rebel statement said the generals had "economic, political and psychological" reasons for holding on to Aceh, a natural gas-rich region on the northern tip of Sumatra island. "Aceh is a source of income, a place to loot. The tsunami is a godsend for them, the foreign aid is a new source of loot. A peace agreement would deny them that loot," the rebels said.

Human rights groups say the military has extensive legal and illegal business interests in Aceh, like elsewhere in the archipelago. In 2003, the army scuttled a previous deal to end the war that started in 1976, calling off a 6-month cease fire by launching offensive operations and arresting Acehnese negotiators.

At the same time, a militia working closely with the army attacked foreign observers and forced them to abandon the province. The Indonesian army's "creation of armed militias and the massacre of thousands in East Timor in 1999 should warn us all of what could happen," the statement said. About 2,000 East Timorese were killed and most of the country was devastated by rampaging Indonesian troops and their militia proxies after voters overwhelmingly opted for independence in a UN referendum.

Aceh military spokesman Lt. Col. Eri Soediko said the rebel charges were baseless. "This is only a fabrication," he said. "We are here to guard the whole of Aceh province from the rebels so the people can conduct their daily activities without any problems."

Talk cheap, war takes lives, drains state coffers

Jakarta Post - June 6, 2005

Harry Bhaskara, Jakarta -- The fourth round of peace talks in Helsinki ended last Tuesday without a deal being struck to end the 30-year conflict in Aceh. But President Susilo Bambang Yudhyono said in Tokyo on Thursday that the prospect was promising. Earlier, Vice President Jusuf Kalla said that Indonesia was "on the right track". This is so despite the government's statement before the talks that it would not entertain further talks.

Former Finnish president Martti Ahtisaar who mediated the talks with the Crisis Management Initiative (CMI) under his leadership, was equally upbeat. He said he was optimistic that a deal could be reached between the Indonesian government and the Aceh rebels.

The six-day unofficial talks covered the issues of self- government, amnesty and reintegration into society, human rights and justice, the economy and security arrangements.

CMI is preparing basic documents that could form the basis of the eventual agreement. Discussion on these documents is slated for the next round of talks on July 12. The documents are scheduled to be submitted to President Susilo after his return from his overseas trip on Friday.

As in any conflict there are bound to be dissenting voices. Lawmakers in Jakarta say they are against the presence of foreign representatives in Aceh to monitor an eventual peace agreement. They also object to another round of talks, asserting that the Free Aceh Movement (GAM) could take the chance to consolidate itself during the duration of the talks.

On his return from Helsinki, government negotiator Sofyan Djalil told this newspaper that a monitoring team involving a foreign country would be necessary to supervise and observe whether or not each party follows the agreement. He dismissed the idea that it was a form of intervention.

The legislators' argument that by having a foreign monitoring team the Aceh problem has been turned into an international issue is interesting since they should know that a human rights issue is by definition an international issue.

Under the mediation of the Henry Dunant Centre the government and GAM reached a peace accord in 2002 and foreign observers from neighboring countries were deployed to monitor the cease-fire. The truce only lasted several months and in 2003 the government resumed its military operation in the troubled province.

This time, the question is rather where is the place for the local civil society elements as they should also be included in the monitoring process. They are the ones who really knows their environment best.

Certainly, several bones of contention remain. Acehnese activist and sociologist Otto Syamsuddin said last week that the government should allow the Acehnese to establish local political parties and to hold direct local elections. A similar sentiment was echoed by GAM senior political leader Mohammad Nur Djuli. However, since the Constitution only recognizes national political parties with branches in more than half of the country provinces, it would be difficult for the government to go along with the proposal.

Anything could be said about this fourth round of peace talks but it is hard to deny that the atmosphere in the talks has improved a lot since the first round of talks in January. Mud-slinging and arguments conveyed in bad faith have seemed to take the back seat.

The lawmakers' objection to another round of peace talks implies that they are for a military approach. This is puzzling since that approach has been in place for three decades. The government has also rejected a proposed cease-fire during the peace talks.

Hence, peace talks do not count much for the Acehnese since killing continues unabated. The government argues that GAM constitutes a permanent security threat. GAM has dismissed this argument.

Killing also continues even after the lifting of the civil emergency on May 19, 2005. In fact, locals said there was not much difference between the one-year martial law period (May 2003 to May 2004) and the civil emergency period (from May 2004 to May 2005) as war kept raging. Even since the Dec. 26 tsunami, more than 200 people have been killed in gunfights between government troops and the rebels.

In the end, what counts for the Acehnese is a complete cessation of hostilities and nothing less than genuine peace in their resource-rich province. This can only be achieved through a comprehensive settlement in peace talks, no matter how tough and time consuming this process may be because the alternative is war. Are the 12,000 people killed in the three-decades war, not enough? Talk is cheap while war takes lives and drains the state's coffers. Hence, talks have to be pursued relentlessly even if it takes another 10 rounds of talks.

The tsunami that killed more than 129,000 Acehnese has prompted the belligerent parties to start the new round of talks after a previous attempt failed in May 2003. Both parties should consider peace a prerequisite for any reconstruction work in Aceh.

The scale of reconstruction work in the province is so big it calls for total participation of all of those who care for Aceh. They are not only foreign or local elements of the society but also the Acehnese exiles as well.

Let the tsunami become a milestone toward peace.

Armed clashes with GAM can't be avoided: Army chief

Tempo Interactive - June 6, 2005

Dwi Wiyana, Bandung -- Army Chief General Djoko Santoso said the TNI (armed forces) duties' are to safeguard the rehabilitation and reconstruction of Aceh. But he said if the Free Aceh Movement (GAM) continues to create disturbances armed clashes can't be avoided.

"That's the logic of it", Santoso told journalists at the army's infantry headquarters in Bandung on Monday June 6.

Since the civil emergency in Aceh was replaced with a state of civil authority on May 19, armed clashes between GAM and the TNI have continued. GAM has accused the TNI of not being interested in creating peace.

Santoso confessed that while the army provides troops for duties in Aceh, the operation is conducted under the control of TNI headquarters.

[Translated by Risna.]

Parliament didn't ask for peace talks to end: DPR member

Tempo Interactive - June 5, 2005

Agus Supriyanto, Jakarta -- Tristanti Mitayani, a parliamentary member of Commission I, says she disagrees with the deputy speaker of parliament, Soetardjo Suryogoeritno, who said that the parliament is demanding that government end negotiations with Free Aceh Movement (GAM).

According to Mitayani, there has been no decision or recommendation on terminating the negotiation by the commission and the statement was only made based on his own view and does not representative the all of the parliamentary fractions.

"Mr. Soetardjo is not competence to represent us and should wait until Commission I has taken a political position", parliamentary member Mitayani from the National Mandate Party told Tempo on Sunday June 5.

Mitayani said that Suryogoeritno's statement only represented his own fraction (the Indonesian Democratic Party of Struggle) and that from the beginning they wanted to stop the negotiation between the government and GAM.

"I didn't hear parliament (Commission I) demand an end to the negotiations. Why has such a different conclusion been drawn?", she said. According to Mitayani, debate in Commission I meanwhile has only now seriously questioned the government and asked it to set a dead line on the negotiations. "The government has to have a fully developed plan and a clearly consider the [aim of] negotiation," she said.

[Translated by Risna.]

TNI chief hopeful of peace talks, but problems remain

Agence France Presse - June 5, 2005

Singapore -- Indonesian military chief General Endriartono Sutarto said Saturday he was hopeful ongoing peace talks could lead to a permanent solution to a separatist rebellion in Aceh province.

But he said problems remained because several factions of the separatist Free Aceh Movement, which goes by the acronym GAM, have said they do not recognise the leadership of the group engaged in the negotiations.

"The GAM in Aceh is not only one faction, there are a lot of factions of the GAM in Aceh," Sutarto said at an international security conference here.

"Some of them are saying that they are not under the command of their people who live now in Stockholm," he said, referring to the GAM leaders living in exile in Sweden.

He said these factions said that "we will not follow them because we are not under their control, so that's one of the problems that we have." Sutarto said, however, he was "hopeful that the dialogue will give a good result for a permanent solution in Aceh."

The comments of Sutarto, the commander-in-chief for the Indonesian National Defense Forces, came just days after Indonesian government and GAM negotiators ended the latest round of talks in Helsinki, Finland.

"I have not gotten any information yet about the talks but I hope the talks will give a good result for a permanent solution in Aceh," he said.

Aceh, a western Indonesian province, has been a battleground for government and armed rebels since 1976 when GAM launched its campaign for independence, angered by what it said was Jakarta's exploitation of the province's oil and gas resources.

Peace talks to end almost the three-decade conflict were launched in Helsinki earlier this year after both sides agreed to return to the table in the wake of the December 26 tsunami disaster in which Aceh was the hardest hit.

The weekend's International Institute of Strategic Studies' Asia Security Conference has gathered the defense ministers, senior military officials, diplomats and scholars from more than 22 countries in the Asia-Pacific region and some Western allies.

House demands government halt Aceh peace talks

Jakarta Post - June 4, 2005

Tony Hotland and Rendi A. Witular, Jakarta -- Dissatisfied with the "insignificant" results of the latest peace talks in Finland, the House of Representatives demanded on Friday that the government drop plans for further negotiations with insurgents to end the decades-long separatist fighting in Aceh province.

The House has decided to send a warning note to President Susilo Bambang Yudhoyono to convey its demand.

The decision was made during a meeting of House leaders and the chairpersons of Commission I on defense and foreign affairs, Commission II on domestic administration and local autonomy, and Commission III on legal affairs and security.

House deputy speaker Soetardjo Soerjogoeritno said on Friday that the results of the fourth round of peace talks in Helsinki, Finland, which ended on Tuesday, had crossed the lines mutually agreed by the House and the government.

"We need to be stricter. A working meeting between the House and the government agreed that this [round] would be the last one if no significant progress was made," he said.

Soetardjo was referring to a meeting last week, where the government and the House agreed that a deadline to cease talks with Free Aceh Movement (GAM) leaders would be set if no final agreement was achieved.

He also said the decision to involve third (foreign) parties in the conflict had crossed over the line as the meeting had resulted in a commitment to minimize the involvement of foreigners.

The Indonesian delegates have said they and GAM had come to an agreement on most subsidiary points, including an amnesty and security arrangements, but not yet on the substantial issues, including the legalization of locally based political parties, the holding of new local elections, and the administrative status of Aceh.

The two sides also agreed to allow a greater role for the Association of the Southeast Asian Nations (ASEAN) in supervising the implementation of a peace agreement, while experts from the European Union would serve as observers for the peace talks.

In addition, the two sides agreed to hold a fifth round of informal talks on July 12 to be followed by more formal talks. Basic documents are being currently being drafted to form the basis for an eventual agreement.

Soetardjo said the House had objected to having the talks held in Helsinki from the start. He added that if more talks were needed, they should be held in Indonesia.

The House, however, failed to make any suggestions as to how the war in Aceh could be ended. However, it apparently believes that the government should proceed with military operations against GAM.

The breakdown of an earlier peace accord between the government and GAM in 2003 led to the imposition of martial law in the province. Last month, the government lifted the state of emergency in Aceh but did not withdraw any of the 35,000 troops stationed there.

Separately on Friday, Vice President Jusuf Kalla said the separatist conflict in tsunami-ravaged Aceh must be resolved in a peaceful manner, and that the involvement of foreign parties was a common practice.

"Those who reject the current attempts to settle the separatist conflict in Aceh should know that the violence needs to be ended peacefully and in a dignified way. The talks are progressing and everybody should be glad of that," said Kalla.

He said the plan to include ASEAN and the EU was acceptable and usual. "Indonesia has also been asked to monitor the peace talks between the Philippine government and Moro separatists," Kalla said.

He also said there was no way that GAM would agree to peace talks at home, and that the best solution was to have such talks in a neutral country.

Parliament calls for end to negotiations with GAM

Media Indonesia - June 3, 2005

Jakarta -- The government is being urged to end negotiations with the Free Aceh Movement (GAM) because they are not producing any benefits and are even damaging Indonesia's interests because of the involvement of foreign parties in the negotiations.

"Once again we ask the government to end the negotiations because they are a waste of time and are damaging [Indonesia's interests]. The Minister of Justice and Human Rights Hamid Awaluddin should be ordered to return home to Indonesia immediately", the deputy speaker of the People's Representative Assembly (DPR) DPR, Soetardjo Soerjogoeritno, told reporters from his office at the DPR building in Jakarta on Friday.

Soerjogoeritno, who is usually called Mbah Tardjo, said that negotiations that involve a third party are an indication that an internationalisation of the Aceh question has already occurred. "We must oppose the internationalisation [of the Aceh issue,]" she said. The overseas negotiations are also damaging to Indonesia and are making it increasingly easy for foreign parties to intervene in the process.

According to Mbah Tardjo, the overseas negotiations have already veered away from the desired aims that the DPR had conveyed to the government. "We also ask that the negotiations be conducted in Indonesia. For example in Bali. Why must they be [conducted] entirely overseas", he said. (Ant/Ol-1).

[Translated by James Balowski.]

TNI asked to comply with government policy on Aceh

AcehKita.com - June 3, 2005

Jakarta -- The Human Rights Working Group (HRWG), a coalition of non-government organisations who are active in the field of human rights monitoring, are calling on the TNI (armed forces) so submit to and comply with policies issued by the civilian government, particularly policies seeking a peaceful or negotiated settlement to the Aceh conflict.

According to HRWG, throughout the negotiations between Jakarta and the Free Aceh Movement (GAM) in Helsinki, the TNI has given the impression of ignoring the government's efforts, particularly in terms of a cease fire. "The TNI's attitude to date has been to choose the option of war and be unwilling to comply with the civilian authorities who have begun to discussing a cease fire", wrote HRWG in a press release received by AcehKita.com on Friday June 3.

The position being taken by the TNI said HRGW, could create a precedent for the Aceh peace process as well as the democratic climate in Indonesia. "This attitude is a signal that violence will continue in Aceh and that the peace process the Acehnese people are hoping for won't become a reality", asserted HRWG.

If the TNI continues not to comply with the civilian administration, there is a concern that the negotiations will fail again. As an example, HRGW noted that there were 57 armed clashes and a number violations committed during the period of the Humanitarian Pause and Cessation of Hostilities (CoHA)(1).

HRWG is therefore asking TNI chief Endriartono Sutarto to comply with the policy decisions of the civilian government and reminded Sutarto that the military should be used to implement policy decisions by the civilian government.

"The TNI commander only implements a policy [decision], so in the Aceh peace process, the TNI should not take any kind of political position", warned the human rights foundation which is headquartered in Jakarta. "There can be absolutely no grounds or justification [not to do so], the TNI cannot make it's own policies".

HRWG is also asking both sides (Jakarta and GAM) to prioritise a cease fire as a first step in implementing the Aceh peace process. [dzie]

Notes:

1. On December 9, 2003, Indonesia and GAM signed the Cessation of Hostilities Agreement (COHA) which required both sides to begin demilitarisation within two months and a Joint Security Committee (JSC) was tasked with monitoring the peace process. Although there were numerous violations, the first two months saw a dramatic decline in violence. Jakarta however complained that GAM was taking advantage of the cease-fire and following a series of attacks by TNI backed militia on the JSC offices peace monitors were forced to withdraw from Aceh.

[Translated by James Balowski.]

Exposing Aceh's bitter reality

Toronto Star - June 3, 2005

Carol Goar -- Her house is uninhabitable. Her town has been reduced to rubble. She has lost relatives and friends. Yet Evi Zain dares to believe that good will come of the tsunami that devastated Aceh province five months ago.

It has drawn the eyes of the world to her little-known corner of Indonesia. And what observers have found is that long before the natural disaster struck, Aceh was in the grip of a humanitarian disaster.

Men who ran afoul of the military disappeared. Women suspected of abetting the Free Aceh movement were raped or worse. "Don't just monitor the reconstruction," Zain pleaded. "Monitor the abuses."

The 32-year-old co-ordinator of Kontras Aceh, an underground Indonesian human rights organization, is in Canada to urge the government and citizens who donated generously to the tsunami relief effort to help bring peace to her troubled region. Acehnese are grateful for the West's money, she says, but what they need even more than cash is freedom from repression and fear.

Zain can assure Canadians that some of the aid they sent is reaching some of the tsunami survivors. But people who live outside the army-controlled displaced persons camps get nothing. People who dare to question the distribution of relief supplies are cut off. Fishers, who have been forced into the hills, wonder how they will feed their families when the aid runs out. "The government won't let the international community into Aceh," Zain said. "How can people speak out?"

What Kontras Aceh and its Canadian partners -- a coalition of churchees, unions and development groups -- want Ottawa to do is ensure that Western aid is being used for genuine reconstruction; insist that international relief workers be allowed into the region to report on human rights violations; and press the Indonesian government to get the army out of Aceh. "We want recovery with a true peace process that involves all of civil society," Zain said.

Peace is a luxury she can scarcely imagine. Since she was 3 years old, Aceh has been embroiled in a bitter civil war between armed separatist rebels and the Indonesian government. Thousands of innocent Acehnese have been killed. Many more have been driven from their villages, tortured and terrorized.

Zain first became aware of the conflict as a teenager, when streams of displaced people would pour into her hometown of Lhokeseumawe, seeking refuge in her school. Her teacher wouldn't tell her what was going on.

Her parents didn't know. The fugitives were too frightened to speak. "You have to remember that under Suharto [the deposed strongman who ruled Indonesia for 30 years], we had no books, no information, just government-controlled TV and newspapers," she said.

But gradually, Zain began to piece together the story. At 23 years of age, she joined a local human rights organization. The group met secretly and investigated disappearances and reports of torture. But her activities were detected and her friends hustled her out of the region to escape persecution.

Zain remembers the euphoria she felt in 1998 when Suharto was toppled. "All the students and human rights workers were so happy. We thought the government would change."

There was brief respite from the hostilities and an attempt to negotiate a peaceful solution. Acehnese tasted the elixir of hope. But the talks collapsed in May of 2003 and the military launched a new offensive.

Since the tsunami hit last December, Aceh has been under a state of civil emergency, which allows the military to bar foreign journalists and aid workers, root out human rights workers and hunt down Free Aceh sympathizers.

According to Zain, women are being abused in the displaced persons camps, government and military officials are keeping -- and in some cases selling -- Western aid, and civilians have been shut out of the reconstruction process.

But the world is finally hearing Aceh's story. Zain testified at the United Nations Commission on Human Rights in Geneva before coming to Canada. She will continue to speak out abroad, although she runs the risk of harsh reprisals at home.

She believes Canadians want to help the people of her benighted province. She entreats them to offer more than emergency relief.

Zain does not want to see Aceh restored to the way it was before the tsunami struck. She wants to see it rebuilt on a foundation of freedom.

Foreign supervisors needed for Aceh peace talks

Jakarta Post - June 3, 2005

Indonesia and the Free Aceh Movement (GAM) rebel group narrowed their differences when they concluded on Tuesday their fourth round of informal talks aimed at seeking enduring peace in Aceh. Both sides also agreed to resume negotiations in July, before a peace deal, if there is to be one, is struck. The Jakarta Post's Tiarma Siboro and other journalists got a chance to talk to government negotiator Sofyan Djalil about the peace prospects. The following is an excerpt.

Question: Lawmakers did not agree with the involvement of a foreign monitoring team in the Aceh problems. What is your comment?

Answer: There is no such intervention nor involvement of foreign countries in the Aceh case. The truth is both the Indonesian delegation and leadership of the Free Aceh Movement (GAM) have agreed that a monitoring team involving a foreign country will be necessary to supervise and observe whether or not each party follows the agreement by carrying out their tasks properly. I don't think that the monitoring team is in any way a form of foreign intervention.

Is it true that nearly 90 percent of the crucial issues on Aceh have been worked out by both delegation teams?

One could say so. There is a mutual understanding between the two parties, and we (the Indonesian delegation) are now codifying a draft on common ground that has been reached at the negotiating table. Of course, such a draft isn't a final agreement.

Can you elaborate?

During the series of meetings, both the Indonesian delegation and GAM leadership have discussed all the problems that have been raised ever since the conflict began in Aceh. I must admit that we have yet to reach a common understanding over several crucial points, but, of course, there are more issues where we have reached a mutual understanding. Take amnesty, for example. We have agreed to grant it to Aceh prisoners. Principally, we are looking for a comprehensive settlement for Aceh and it should be based on Indonesia's Constitution and existing laws. Hopefully both parties can reach an agreement to bridge the differences.

How about the security arrangement?

It is quite simple. Once the peace deal has been reached, it will not necessitate the presence of Acehnese armed forces. This, of course, will mean that the government will not deploy troops outside Aceh to the territory. The problem is, the government needs to deploy that many troops and police personnel to Aceh because of the presence of the armed separatist movement in the province. The withdrawal of the troops and police personnel must be done in tandem with GAM's decision to drop its arms. All things must be parallel, and, indeed, we need the monitoring team to supervise the process. Of course, this is just an idea which we leave to the Indonesian government and the GAM leadership to decide.

How about the idea of establishing a local political party?

I wish both the Indonesian delegation and GAM leadership could accommodate this issue. As part of the Indonesian government, we are only authorized to continue the discussion on the issue within the parameters of Indonesian law and we are now dealing with this matter; so is the GAM leadership.

Why is the government so worried about allowing the Acehnese to have their own political parties?

Because our existing laws do not accommodate it. If GAM insists on establishing a local political party, then we must review our legislation. In the case of Aceh, the government has granted a special autonomy status. It is part of our existing laws. Whether we should revise it or not, we have yet to discuss this.

We have to find a way that enables GAM members to channel their political aspirations. It remains unclear whether we will decide that GAM members should channel their political aspiration through other political parties that already exist. But, one thing which is certain is we are seeking any means possible to create peace in Aceh.

Helsinki agreement won't internationalise the issue: Kalla

Detik.com - June 3, 2005

Luhur Hertanto, Jakarta -- The People's Representative Assembly (DPR) is free express its strident opposition to the Helsinki meetings but the government will not end the meetings which are aimed at reaching an agreement with the Free Aceh Movement (GAM). The government denies that these meetings represent an effort to internationalise the Aceh issue.

"[If they are concerned about] Internationalisation such as occurred before in East Timor. Where there was UN peacekeeping troops. In Aceh there is no such thing", said Vice-president Jusuf Kalla at a press conference at the State Palace on Jalan Medan Merdeka Selatan in Jakarta of Friday June 3.

Kalla's remarks were in response to a statement by DPR speaker Agung Laksono who said that he believes that the government is trapped in a plot by GAM to turn the Aceh question into an international issue.

The DPR also opposes the involvement of a regional team from ASEAN and the European Union to monitor the implementation of an agreement between the government and GAM. They believe that the involvement of ASEAN and the EU is dangerous because it further opens up the possibility of foreign involvement in resolving the Aceh question.

Kalla said that there is no need to worry too much about the involvement of ASEAN and the EU. The role of the EU and ASEAN as agreed to by Indonesia and GAM is only as monitors of the implementation of an agreement.

These two regional organisations have absolutely no authority to speak on fundamental issues. The authority of the two organisations is limited to technical issues such as the storage of weapons, the reintegration of GAM guerrilla fighters into society and the like.

"Furthermore, the monitors will come from civilian organisations. The will not carry weapons. Don't be concerned about this", asserted the vice-president.

The vice-president also said that the actual agreement between Indonesia and GAM would not be signed until the formal negotiations are held which are planned for the beginning of August. (iy)

[Translated by James Balowski.]

DPR sends protest to president over peace talks

Detik.com - June 3, 2005

Anton Aliabbas, Jakarta -- On Friday June 3, the People's Representative Assembly (DPR) sent a letter of protest to President Susilo Bambang Yudhoyono. The DPR is asking the government not to continue negotiations with the Free Aceh Movement (GAM) in Helsinki, Finland.

"In the letter we also opposed any agreement which might come out [of the talks]", said DPR deputy speaker Soetardjo Soerjogoeritno at the DPR building on Jalan Gatot Soebroto in Jakarta.

According to Soerjogoeritno, the position being taken by the DPR is a result of a meeting of the DPR leadership, fraction heads and the heads of Commissions I, II and II on Monday May 30.

The DPR believes that the Helsinki negotiations have gone beyond the guidelines setout by the DPR. Soerjogoeritno did acknowledged that the DPR had decided to resolve the Aceh conflict though dialogue. "But these meetings conflict with the overall [guidelines] given by the DPR. Hamid (the Minister for Justice and Human Rights, Hamid Awaluddin) should return home to account for the KPU's money(1)", exclaimed an Indonesian Democratic Party of Struggle politician known as "kocak".

In a private capacity, Soerjogoeritno has asked the DPR to summons the Defense Minister Juwono Soedarsono and armed forces chief General Endriartono Sutarto. "We ask that the efforts in Finland be terminated and it would be better if it's resolve domestically. I don't agree with the involvement of third parties", he said.

From the very start continued Soerjogoeritno, the DPR never actually agreed to the negotiations being held in Finland. "Why must a minister be sent. We have disagreed [with this] for some time. Basically Hamid [should] come home. GAM's demands are also excessive", he said accusingly.

Notes:

1. Hamid Awaluddin, the government's chief negotiator at the talks, was formerly a senior member of the General Elections Commission (KPU) and has been linked to a high-profile corruption case involving the body and is due to be questioned by the Corruption Eradication Commission upon his return home from Helsinki.

[Translated by James Balowski.]

Aceh village still battling for water

BBC News - June 2, 2005

Becky Lipscombe, Lampuuk -- Lampuuk was virtually destroyed in the 26 December tsunami Five months after the earthquake and tsunami that devastated large parts of the Indonesian province of Aceh, the village of Lampuuk is still struggling to get back on its feet.

It is still totally reliant on daily deliveries of water, courtesy of local and international NGOs. Tankers trundle every day along George Bush and Bill Clinton Street, quickly renamed after the visit of the two former US presidents in February.

The vehicles come to a stop near the mosque -- the centre of village life now, and the location of the village's three big blue storage tanks. Pipes from the tanks lead to taps near the shacks and tents that have sprung up nearby.

This water is purely for cooking and drinking purposes. The villagers say they are never sure when the water is coming or who is bringing it, so they use it sparingly.

Huge project

Before the earthquake and tsunami last December there were no such worries -- Lampuuk had a plentiful water supply. There were wells in all of the houses, and some also had access to spring water from the mountains.

"Our water was really, really clear," said Ibu Mariani, a schools inspector in Lampuuk. "We could drink it straight from the well. Even the wells closest to the sea were fresh."

Lampuuk's wells were destroyed in the tsunami. When the houses they stood in were washed away, the wells were filled with sea water, sand and rubble.

Cleaning them is a massive task. "It can take us up to four days to repair one well," said Pak Ayum from the International Committee of the Red Cross. "And we're trying to repair 500 of them in Lampuuk," he added.

Once the sand and debris is removed, the salt water is pumped out -- a process that has to be repeated several times. Then the well is checked for leaks, and the ring at the top rebuilt.

"Luckily the wells aren't very deep here," said Pak Ayum. "You hit water about three metres below the surface. We just need some more rain to help flush out the salty water from the ground."

There is no shortage of rain at the moment in Lampuuk. There have been massive storms over the past couple of weeks, but it seems still more is needed.

"This water is still really salty," said Ibu Mariani as she scrubbed her clothes on what used to be the concrete floor of someone else's home. "It makes our skin dry and itchy, and it smells bad. And no matter what detergent you use, the white clothes turn yellow."

'We've gone back to zero'

Ibu Mariani is doing her laundry in a small area next to a well, screened by plastic sheeting but open to the elements. It doubles as a bathroom for her and her neighbours.

Like so many others, Ibu Mariani's life has been turned upside down in the past five months. She used to have a washing machine to take care of the laundry, and there were three wells in her big house.

"It's so sad, what's happened here," she said. "It's like we've gone back to zero. Please pray for us, because we don't know when we'll get back to how we were before."

Water will continue to be trucked into Lampuuk for at least a few more months, but the experts agree that the long term prospects for the village are good.

Besides the wells, Lampuuk has access to spring water from the mountains. The international aid agency Oxfam is currently working on restoring that water supply -- redeveloping the source of the springs, then repairing and cleaning the pipes.

"The first phase will be a distribution point into a T45 -- a storage facility which can hold 45,000 litres of water," said Ian Clarke, the project manager.

"That will distribute into where people are located currently. But in the longer term, as people's houses are reconstructed, we can work on the second phase, which is bringing the water direct to peoples' homes." Rebel insurgency

There are political considerations, though, as well as practical ones. The springs are in the hills just behind the village. It is an area in which the Indonesian government says rebels fighting for an independent Aceh have been active.

So Oxfam has to tread carefully. "It's a complex environment in terms of security," Mr Clarke acknowledged. "There have been some instances with the separatist movement, though not affecting us or the local community. But of course the government is keen to ensure the protection of the people and the NGOs. So this is a negotiation process, but I think it will be resolved quickly."

Oxfam hopes it can finish the first phase of the project within six weeks. Meanwhile, more wells are being rehabilitated each day.

Slowly but steadily, Lampuuk's water supply is recovering from the damage inflicted upon it by the giant waves last December.

Peace in Aceh still elusive, experts say

Reuters - June 2, 2005

Jakarta -- Talks to end a separatist rebellion in Aceh Province are stirring hopes for peace after three decades of violence, but experts say the optimism looks misplaced.

They cited decades of mutual mistrust, the sensitive issue of rebel disarmament and the possible withdrawal of Indonesian troops as issues that could derail enforcement of a deal even if one were signed in coming months to end the insurgency, one of Asia's longest.

Government negotiators and rebels of the Free Aceh Movement, along with their Finnish mediators, voiced confidence in Helsinki on Tuesday that the next round of talks would lead to an end to the three-decade war, which has killed 12,000 people in Aceh.

"I can understand why people are trying to talk it up," said Edward Aspinall, a Southeast Asian studies lecturer at Sydney University and an expert on Aceh. "But given the past experiences, there are just so many potential stumbling blocks.

"Even presuming an agreement can be reached on the political and security issues, then the question of actually managing that incredibly fractured and complex scene on the ground will be very great I think."

A fifth round of talks will be held in the Finnish capital from July 12 under the auspices of a former Finnish president, Martti Ahtisaari. On Tuesday, Ahtisaari hinted he had set aside a date in August for a signing ceremony.

Peace talks were revived in January after tsunamis crashed into Aceh on Dec. 26, killing up to 160,000 people in the province, which is on the northern tip of Sumatra Island.

The Indonesian government and legislators will study rebel documents that contain the positions of both sides on issues including political participation and a cease-fire.

While it is unclear what these documents contain, Teuku Muhammad Nurlif, an Acehnese legislator from the Golkar Party, the biggest in the Indonesian Parliament, said the rebels would not be allowed to contest elections as a local party.

During the third round of negotiations in April, the rebels proposed changes to Indonesian laws that stipulate parties must be nationally based, with branch representation in more than half of Indonesia's provinces and their headquarters in Jakarta.

The Indonesian information minister and negotiator, Sofyan Djalil, had already rejected this before the May talks, reflecting Jakarta's anxiety about keeping the diverse country together, and not allowing local parties based on ethnicity or language.

Andi Widjajanto, a military analyst at the University of Indonesia, said Parliament would also not accept any deal unless the rebels handed in all their weapons, which could prove tricky.

"The strategy seems to be let's agree first in resolving the conflict while the details can be talked about later," he said. "The details will either make or break this agreement."

In earlier rounds, the rebels made a significant concession by dropping their demands for independence in exchange for "self- government" for Aceh with locally based political parties. But Jakarta, publicly at least, appeared unwilling to bend much, Aspinall said.

Government told to consider GAM's key demands

Jakarta Post - June 2, 2005

Tiarma Siboro and Tony Hotland, Jakarta -- Peace talks with Aceh rebel leaders are unlikely to bring any significant changes to the long-standing conflict in the tsunami-ravaged province unless the government accepts two key demands raised in Finland, an Acehnese sociologist says.

The demands -- to allow Acehnese people to establish local political parties and to hold local direct elections immediately after the Free Aceh Movement (GAM) and the government signed a peace deal -- were vital to the peace process, Aceh-based Syah Kuala University lecturer and human rights activist Otto Syamsuddin said on Wednesday.

These two thorny issues would determine the fate of Aceh because "they would reconstruct the whole political system there, opening up the door for the democratization process," Otto said.

"The special autonomy law for Aceh allows the Aceh legislative council to enact the Qanun (bylaw), but as of today, none of its articles deal with the political aspects (to local self- government)," he said.

"Therefore, (these ideas) are not against the law. If the GAM leaders take such demands to the negotiation table then they are asking the same thing as an Acehnese civil society delegation, which made a similar proposal during a recent meeting in Sweden," Otto said.

From May 24 to May 25, Acehnese civilian figures, including Otto, and GAM leaders met in Sweden, ahead of the fourth round of peace talks in Helsinki, which ended on Tuesday this week.

"If the government refuses to fulfill these demands, it will be acting against the Acehnese people's interests and, perhaps, against all pro-democracy elements in the country," Otto told The Jakarta Post.

The country's national election law does not recognize certain local political parties and bans all members of separatist groups, including GAM, from contesting elections.

Otto said the lack of democratization in Aceh was one of the serious problems in the province. "I think (if the terms were agreed to) that GAM will (eventually) cease fighting for independence because foreign donors have already committed to supporting the Indonesian government -- and not the GAM leadership -- in the post-tsunami reconstruction and rebuilding programs," Otto said.

"GAM will lose its credibility in the eyes of the Acehnese people, should foreign donors stop the reconstruction programs. On the other hand, Indonesia will also lose foreign aid if it fails to create a conducive situation to enable people to continue the reconstruction work." Otto said.

Responding to GAM's demands for an amnesty for Acehnese prisoners, Otto doubted the amnesty would have a positive effect because "... many of the prisoners were sent to jail on criminal charges, not for treason offenses." "Maybe only GAM negotiators and a pro-democracy activist, Muhammad Nazar, would be (beneficially) affected by the policy," he said.

However, House of Representatives Speaker Agung Laksono said that all efforts to resolve the Aceh problem had to be in line with the Constitution, which prohibited the creation of a local political party as demanded by the rebels. He also questioned the decision to involve foreign parties in Aceh's peacekeeping issue.

Vice President Jusuf Kalla earlier said the government and GAM had agreed to allow a greater role for the Association of Southeast Asian Nations (ASEAN) and the European Union in supervising and observing the implementation of a peace agreement in the field.

This came Agung said, after "both the government and the House have agreed to avoid 'internationalizing' the matter." "We strongly reject... if foreign parties are included in any decision-making process regarding the conflict," he said.

Otto, meanwhile, countered that "Aceh has belonged to international community even before the Dec. 26 disaster, because of the continuing human rights violations (there)." "Human rights are certainly an international issue, and we should blame the government and lawmakers for allowing the brutality to continue in Aceh," the member of human rights watchdog Imparsial said.

Lawmakers criticize proposed Aceh peace deal

Associated Press - June 1, 2005

Nationalist lawmakers on Wednesday slammed Indonesia's moves to make peace with rebels in Aceh province, saying they don't believe the guerrillas intend to drop their separatist goals despite their latest talks with the government.

Lawmaker Djoko Susilo said he was "pessimistic" that there would be any positive results from the government's fourth round of talks with the Free Aceh Movement, which concluded on Tuesday in Finland.

"So far, the talks have only benefited the rebels, not us," said Susilo, a member of the commission on defense and foreign affairs. "We have to be careful with their hidden agenda in which they want a separation from us."

Rebels in Aceh have been fighting for independence since 1976 in a conflict that has killed at least 15,000 people since 1990. Efforts to end the fighting collapsed in 2003, but the peace process was revived after the Dec. 26 tsunami that devastated the oil- and gas-rich province.

Jakarta has said it will not allow the region to separate from the rest of the country, but would give it a greater say in running its affairs.

The rebels have publicly dropped their independence demand and agreed to a form of self-government within Indonesia.

Some lawmakers reacted positively to reports of progress in the peace process, saying that a lasting peace in the oil and gas- rich province was now in sight.

Envoys from both sides said the latest round of negotiations went well, and negotiators were planning to meet again in Helsinki in July.

"The possibility is now there," analyst Agus Wijoyo said. "There are windows of opportunities that could facilitate the meeting of an agreement between both sides," said Wijoyo, a retired three- star general.

But nationalists in the Indonesian government and the parliament are suspicious of the process, which they say is "internationalizing" a domestic issue.

Another lawmaker, Ribka Proletariyati, said that the government should be "careful" as the talks progress. "We know that (Free Aceh Movement) really wants to separate from us," he said.

Some analysts have warned that the military, which has extensive business interests in Aceh, could scupper any deal.

Aceh mediator to draw up draft for peace deal

Agence France Presse - June 1, 2005

Finnish mediators are to draw up an outline of a long-sought peace deal between Aceh separatists and the Indonesian government after winding up a fresh round of talks, they said.

Former Finnish president Martti Ahtisaari, a career diplomat who mediated the talks, told reporters that his Crisis Management Initiative had been asked to prepare "basic documents that could form the basis for the eventual agreement." The documents would be sent to both sides for consideration before the next round of negotiations in the Finnish capital starting July 12.

They would form a basis of discussion for those talks, which officials hope could reach a deal to end one of Asia's longest- running conflicts, which has left more than 12,000 people dead over three decades.

Ahtisaari said he was optimistic that an agreement could be reached between the Jakarta government and representatives of the Free Aceh Movement (GAM).

"If I didn't believe there was a chance to find a negotiated settlement I would blow the whistle immediately," he said. "I think we have reached a stage where we can talk through the most difficult issues, which is the only way we can reach a deal," he said.

Aceh, a province on the northern tip of the island of Sumatra, has been a battleground since 1976 when GAM began its campaign for independence, angered by what it said was Jakarta's exploitation of oil and gas resources.

Any peace agreement would have to include the thorny issues of "decommissioning of arms of GAM and militias plus the withdrawal of national forces and police," Ahtisaari said.

Indonesian officials attending the talks were also upbeat about the possibility of a deal. "Hopefully after one or two more meetings the settlement of the issue of Aceh within the republic of Indonesia will be all set up," Communications Minister Sofyan Jalil said.

GAM, which has already given up its demand for full independence in exchange for self-government, agreed that the discussions had been "positive and constructive".

But spokesman Bakhtiar Abdullah stressed that there were still many outstanding issues. He cited the "timing of elections [in Aceh], establishing of political parties and the withdrawal of the special autonomy law to be replaced by self-government."

The six-day meeting in Helsinki focused on self-government, political participation, economic arrangements, amnesty and reintegration into society, human rights and justice, security arrangements and how to monitor any peace deal that might be reached.

Any agreement would ease reconstruction in the troubled province after the December 26 Indian Ocean undersea earthquake off the coast which triggered tsunamis that killed 128,000 people in Aceh alone.

Four rounds of talks have been held in Helsinki since January. But despite the positive atmosphere coming out of the talks violence has continued on the ground.

On Monday, Indonesian soldiers shot dead three more separatist rebels during a raid in the northern Aceh area of Bireuen, a stronghold for rebels.

Ahtisaari said he had appealed to the two sides "to do their utmost to restrain their parties in the field during the negotiation process".

An EU team of experts was invited to the latest round of talks in Helsinki to discuss a possible role in monitoring any peace deal.

Ahtisaari said there was "no commitment from the EU side" yet, but stressed that any observers sent to the region would monitor the "undertakings in the agreement" and not be peacekeeping forces.

The Finnish diplomat also underlined that any peace deal had to include an agreement on political participation in the region allowing for the creation of new parties. The Aceh separatists are unable to meet the existing requirement of nationwide representation.

"If you cannot solve this issue, you cannot have an agreement because the existing parties are not an option," he said.

Military ties

Normalisation of ties to help democracy: Sutarto

Agence France Presse - June 4, 2005

Indonesia's armed forces chief said the normalisation of military ties between Jakarta and Washington would help strengthen democracy in his country and ensure regional stability.

General Endriartono Sutarto said Saturday the full restoration of military links was a matter for the political leaders of both nations to decide, but said he would like to see this happen.

"Normalisation of relations is one of the most important things and it will help a lot to give us knowledge concerning democracy, concerning the respect for human rights, and also how to conduct humanitarian activities," he told an international security forum in Singapore.

"It's up to the politicians to decide that, but it will help a lot in the stability of the region and also it will help a lot the process of democracy in Indonesia."

Sutarto, the commander-in-chief of the Indonesian National Defence Forces, noted that he had received military training in the United States in 1977 and acknowledged this bolstered his career.

The United States froze military ties with Indonesia, the world's biggest Islamic country, more than a decade ago because of alleged human rights abuses by the armed forces.

But Washington announced on May 26 it had lifted a ban on the US government selling nonlethal defence equipment to Indonesia as part of a process to restore full military links.

"That means we can do foreign military sales in excess defence articles," US State Department spokesman Richard Boucher said.

Washington's announcement coincided with a visit by Indonesian President Susilo Bambang Yudhoyono to the United States in which he met with US President George W. Bush.

Direct US commercial sales of nonlethal defence articles and services were allowed in January and involved providing spare parts to Indonesian C-130 military transport planes used in relief operations after the December 26 tsunami that ravaged Indonesia's Aceh province.

Boucher described last month's decision to allow government-to- government sales as the "third step" in a process aimed at easing the military embargo after the reformist Yudhoyono came into power through the country's first direct presidential elections last year.

Indonesia is seeking military hardware and training assistance from the United States to revitalise its overstretched and poorly equipped armed forces guarding a vast archipelago.

In his speech to the delegates attending the Institute for International Strategic Studies' Asia Security Conference, Sutarto also thanked all the armed forces worldwide which came to Indonesia's rescue in the aftermath of the tsunami.

The United States sent a large-scale military and humanitarian contingent to Indonesia for the relief operations, including the aircraft carrier Abraham Lincoln and the floating hospital ship USNS Mercy. The Australian, French, German, Japanese and Singaporean militaries also sent help.

"This is an example of how the militaries can work together, not to kill each other but to save lives," Sutarto told the audience, comprised of defence ministers, senior military officals, diplomats and scholars.

"It's really very helpful, very useful, all the soldiers that you sent to Aceh... Good job." The chairman of the US Joints Chief of Staff, General Richard Myers, was in the audience for Sutarto's address.

Human rights/law

Fact Finding Team's mandate may be extended: Silalahi

Tempo Interactive - June 8, 2005

Sunariah, Jakarta -- Cabinet Secretary Sudi Silalahi has said that the time limit for the Fact Finding Team (TPF) investigation into the death of human rights activist Munir will be extended if by June 23 they have not finished their job and uncovered the perpetrator of Munir's murder.

"Yeah we will extending it if they run out of time, there's no need to worry. After all it's already been extended once, if it's not enough we will extend it again until the TPF's job is finished", said Silalahi in answer to questions by journalists following a cabinet meeting last night.

Silalahi explained that any person can be questioned by the TPF including the former director of the National Intelligence Agency (BIN), A.M. Hendropriyono. "No one is immune from the law in this country. Feel free to question [them], if there is a problem report it to me", he asserted in response to Hendropriyono's refusal to be questioned by the TPF. He also revealed that the president is receiving periodic reports on developments in the TPF's work.

The current director of BIN, Syamsir Siregar meanwhile, explained that in organisational terms Hendropriyono is no longer a member of BIN. With regard to Hendropriyono's attitude, Siregar suspects that it may perhaps be because of a communication problem between Hendropriyono and the TPF.

Siregar said that he would communicate this to Hendropriyono if they meet but up until now (since Hendropriyono was summoned by the TPF) he has not seen him. When asked about Hendropriyono's attitude he answered "Yeah like the comments in the newspapers".

[Translated by James Balowski.]

Ex-BIN chief snubs team investigating Munir case

Jakarta Post - June 7, 2005

Hera Diani, Jakarta -- With just two weeks left of its mandate, a government-sanctioned fact-finding team remains unable to speak with former National Intelligence Body (BIN) chief A.M. Hendropriyono over possible links between the body and the poisoning death of rights activist Munir last September.

Hendropriyono failed to turn up for a scheduled meeting with the team at the Jakarta office of the National Commission on Violence Against Women on Monday, citing unspecified business out of town.

His lawyer, Sjamsu Djalal, said his client wanted to cooperate with the team, provided that any summons from the team was conveyed "in accordance with procedures".

Sjamsu submitted on Monday a letter from Hendropriyono to the team informing it of his unavailability to answer questions.

The lawyer, a former chief of the Military Police, said Hendropriyono had some objections to the way the team summoned him, which he called "non-procedural and unprofessional".

"The team must pay attention to the protocol of cooperation it signed with BIN. The team should not have told the press they would chase after him (Hendropriyono) to the United States.

"He also objects to the terms 'summons' or 'questioning', as people could get the impression that he is a suspect. That is defamation," Sjamsu told The Jakarta Post.

He told the fact-finding team to come up with a more "professional, polite and fair" invitation, which he said would require the team to coordinate with BIN.

Hendropriyono has filed a police report accusing the fact-finding team of defamation.

President Susilo Bambang Yudhoyono set up the fact-finding team on Dec. 23 to help the police investigate the death of Munir, who died aboard a Garuda flight from Jakarta to Amsterdam. Dutch authorities performed an autopsy on Munir and found excessive levels of arsenic in his system.

Police have named three Garuda employees as suspects in the case, but the team has said that it has also uncovered indications of BIN's involvement in the case.

The President extended the team's mandate until June 23 and has asked BIN to cooperate with its members.

The head of the team, Brig. Gen. Marsudi Hanafi, said his team had summoned Hendropriyono as properly and politely as possible.

Marsudi also questioned Hendropriyono's suggestion the team consult with BIN before questioning him.

"If he is still part of BIN, we would include him in the protocol of cooperation signed with BIN. But if not, then a regular invitation is sufficient. We asked his lawyer about this but did not receive a response," Marsudi said.

Several other former and current BIN officials have refused to respond to summons from the team for questioning, despite the protocol agreement signed by the team and current BIN chief Syamsir Siregar, which should allow the team to summon officials and access important documents.

Munir didn't enter our radar screen: Hendropriyono

Tempo Interactive - June 7, 2005

Dusk had only just fallen when a black Land Cruiser entered the grounds of the national police headquarters on Jalan Trunojoyo in South Jakarta on Sunday May 29. Just a few metres from the gate the vehicle stopped. "Should we turn right Sir? To the chief of police's office", asked the driver. "Ah, you. No! We're going to the public relations desk. [I'm] retired now and don't have any business with the police chief", said his boss.

The former general opened the car window. Two police immediately approached to pay their respects. "Can you take me to the public relations desk?" he asked. The officers nodded and ran in front of the Land Cruiser as it drove to its destination. The retired general was none other that Abdullah Makhmud Hendropriyono, the former director of the National Intelligence Agency (BIN).

That afternoon, the general was reporting Rachland Nashidik and Usman Hamid to the police, two members of the Fact Finding Team in the case of human rights activist Munir's death. Hendropriyono believes he has been slandered by the pair and that they have damaged his reputation though statements carried in the mass media.

In the middle of preparing a dossier for police last Sunday, Hendropriyono made time to be interview by Tempo at his office on Jalan Dr. Saharjo in South Jakarta.

Why did you report the Munir Fact Finding Team (TPF) to the police?

I felt that my reputation had been blackened by telling the media that I was involved in the case. What was the evidence? They, it was said that I went to America and they are hunting for me. Hunted? That sentence hurt my feelings. While in fact I wasn't in America. It was wrong and it was slanderous. In the beginning I thought the TPF was professional. I believed it was a legal case, so it should be solved by the police, not politically. But it has been misused. It's agenda is unclear, it isn't directed towards efforts to solve Munir's death. As a result of the picture painted in the media, I was upset. It was because of this I had to respond legally so that it didn't become a precedent.

How much as this impacted on you?

A great deal. For example when I was serving a meal to an overseas colleague. When I offered them a drink they said "Is there any arsenic in it?". Of course it was a joke, but it was hurtful yeah. It didn't just happen once -- but twice. Then it was said I was to be questioned. This disrupted my schedule. Friends who had planned to meet me put off their plans.

Where have you been over the last few months?

In Cibubur, at my home.

Are you or are you not involved in Munir's murder?

I don't think I'm involved. Only God knows [the truth]. But please question me in accordance with the law and if there is an indication of a crime. This is the legal aspect, so the approach must be, yeah, legal. Why then all this hullabaloo outside of the legal [process]?

So, if you do have to be questioned, were do you want to go?

To the police, obviously! To the investigators. As a citizen, if the police summon you, you're obliged to go.

How did you know you were involved in the case? Was there an invitation to meet with the TPF?

I just read it in the newspapers. There was no invitation. They also didn't phone me. (Hendropriyono told a told a television station that he had received an invitation from the TPF on Tuesday evening -- Editor).

If you are invited to meet with the TPF, will you go?

Hang on a moment. If you look at this kind of performance, imprudent, unprofessional, it's not just me, anyone would thing twice about turning up. I mean, who are they anyway, acting so arbitrarily? [Okay] there was a presidential decree [authorising its formation and mandate] but why then act so arbitrary?

It all started with Pollycarpus(1). Is it true he's a member of BIN?

I've already checked, he's not a member. I headed BIN for three years. Although its members are in the thousands, I know my subordinates pretty well. What's more his name's strange. As long as I've lived I've never heard that name. I've already check with BIN's personnel section. They said they don't have him [on their files].

What about the issue of Polly's weapon's serial number?

[Munir] was poisoned, what's what's it got to do with a weapon?

But the TPF found information about phone contacts between Polly and one of BIN's deputies?

It's like this, it's a really bureaucratic office see, a public service for anyone who wants to provide information. Intelligence is information collection yeah? So, people can phone the police station, the Koramil [local military] offices, BIN. I'm not the one who receives the calls, that's the operator's job. So, how would I know?

Was permission given to trace BIN's telephone number?

I explained that in my article in the Jakarta Post (carried in the Jakarta Post on May 11 under the title: "Peeling Back the Intelligence Veil in the Murder of Munir" - Editor). I explained there, providing BIN's telephone number actually isn't allowed for as long as we are conducting anti-terrorist operations. The number must be kept confidential. I don't know, why then was it revealed. So everything's wreaked. What's the agenda behind this?

The impression is, that BIN is hindering [the investigation]...

That's terribly wrong. Of course [I] can't explain the whole story, because a number of things at BIN are connected to state secrets. The punishment for revealing state secrets is not only for the one who asks. The one that reveals them will get [punished] too. So, it is wrong to say that BIN hasn't given access to the TPF. What wasn't provided by Mr. Syamsir [Siregar, BIN's current director] was what was confidential. Me or anyone else, if they were the head of BIN, must behave in such a way.

The TPF has raised questions about your articles in the Jakarta Post and the Straits Times. Why wasn't this material just handed over to them?

As an ordinary person, I have the right and the freedom to write. What I write and don't write is not the TPF's business, that's my right. Is that institution so super-powerful that I have to hand everything over to the TPF? Aren't I allowed to accept an interview with Tempo? Who determines this? Hey, it should be them, but the ones looking for me. Not the other way round.

When Munir died, where were you?

At home. I found out about it when I read the morning newspaper. Initially it was said that he had a history of hepatitis. After that, I didn't follow it anymore. In the lead up to the change in the presidency, I was busy working on all kinds of things. I only just became concerned after all the hullabaloo started connecting it with BIN. I was surprised. What's more it started to be fermented by the TPF.

Did you meet with Munir before he died?

Yes. During an interview with Radio El Shinta, I was confronted by Munir. After that, never again. Certainly I had a desire to meet with Munir, which I conveyed when [I] met with [leading commercial and human rights lawyer and close friend of Munir] Todung Mulya Lubis. I wanted him to become a full-time lecturer at the intelligence school which I was pioneering. We needed a guest lecturer to give us additional insights. It was only then that I found out that Munir didn't have masters degree. In the end I didn't invite him. The requirement for teaching at the school is having a masters degree.

(Speaking to Tempo Lubis has acknowledged the meeting. He met Hendropriyono when he was working as the director of the International Crisis Group (IGC) in Indonesia and discussed the future of a colleague, Sydney Jones, who was to be deported. He said that there was a discussion over the issue of a guest lecturer at the intelligence school. Lubis was offered a teaching position. Munir was also discussed at the meeting. However as Lubis recalls it, Hendropriyono was interested in meeting with Munir on a different matter, on his views about the draft law on intelligence.)

What were your considerations in offering Munir a job as a guest lecturer?

Lot's [of people] were invited. Munir was just one of them. Actually I was concerned about his thoughts on human rights issues. Human rights can be interpreted in different ways yeah. Different views need to be welcomed. At Lemhannas [the National Defense Institute], those who think differently are also welcomed.

Is it true that Munir's death was linked with the 2004 general elections?

The theory is, there was an order for BIN to get rid of Munir, who was anti-military, with the intention of discrediting [then presidential candidate Susilo Bambang] Yudhoyono as a candidate from the military. Hey, it's absolutely untrue. As far as I know, during the presidential campaign, Munir was pro-[incumbent President] Mega[wati Sukarnoputri]. And Mrs. Mega couldn't possible be his enemy. Rather, if [I'm] not mistaken, it was Mas Tauiq (Taufiq Kiemas, Megawati's husband - Editor.) who carried Munir's coffin [at his funeral].

BIN has always taken a harsh position on those who are considered to be enemies of the state. Was Munir included in the category of an enemy of the state?

No! Munir didn't show up on our radar screen. Enemies of the state are those that endanger the people yeah, pose a threat to the government and its territorial integrity.

Even though he was critical of intelligence agencies?

A critic doesn't necessarily mean an enemy. People who criticize are different form those who commit a betrayal. There was no political benefit whatsoever in killing Munir. I don't have a beef with him, not as an individual either. I'm not the type of person who likes someone just because the agree with or support me. I like people who criticise me, who make an argument.

Have you been able to contact Muchdi and Nurhadi(2) over the issue of the TPF summons?

I only read about it in the newspapers. I also met them at BIN's anniversary, on May 7. But [we] weren't able to speak for long. I'm worried, if I ask all kinds of questions, it won't be good later. Perhaps they would also be stressed out if there were summoned like that.

Are you certain Muchdi didn't authorise an operation to murder Munir?

It is hard for me to believe that Muchdi would carry out such an operation. Muchdi is a religious person and important in the pesantrens [traditional Islamic boarding schools]. He also has a lot of experience and is professional.

Biodata:

Born in Yogyakarta on May 7, 1945

Education:

National Military Academy, Magelang (1967) Australian Intelligence Course, Woodside (1971) United States Army General Staff College, Fort Leavenworth, USA (1980) Degree in State Administration STIA LAN RI, Jakarta (1985) Law Degree Military College of Law, Jakarta ABRI (Armed Forces) Military Staff and Command School (1989) Economics Degree Open University, Jakarta (1995) Degree in Industrial Technology, Achmad Yani University, Bandung Post Graduate Degree in Commercial Administration, University of the City of Manila, Philippines

Carrier:

Intelligence Assistant Regional Military Command (Kodam Jaya) (1985) Military Commander Danrem 043 Garuda Hitam (1987) in Lampung Director A Strategic Intelligence Agency (1990) Jakarta Military Commander (1993) Commander of the army's Military Education and Training Command in Bandung (1994) Secretary Operational Development Control (1996) Minister of Transmigration and Resettlement (1997) Director of State Intelligence Agency (2001-2004)

Notes:

1. Pollycarpus - Garuda Airlines pilot Pollycarpus Budihari Priyanto, the prime suspect in Munir's murder on a Garuda flight to Amsterdam on September 7, 2003. Priyanto has claimed repeatedly that he was recruited by BIN in 2002.

2. Major General Muchdi Purwopranjono was replaced as the deputy director of BIN in early August. He is also the former head of the Army Special Forces, Kopassus, a post he was removed from following an investigation into the 1998 kidnapping and torture of pro-democracy activists, 13 of whom are still missing believed dead. Nurhadi Djazuli, BIN's former chief secretary, has been summoned for questioning on a number of occasions by the TPF but like Purwopranjono, has so far failed to appear.

[Translated by James Balowski.]

Munir team plans complaint for SBY

Jakarta Post - June 4, 2005

Jakarta -- The government-sanctioned fact finding team, set up to assist the police in the investigation into the death of rights campaigner Munir will make a formal report to the President about its difficulty in obtaining access to the State Intelligence Agency (BIN).

A team member, Usman Hamid, said the President was expected to help it clear the hurdle. Several former and current BIN officials have refused to respond to the team's summonses for questioning, including the former deputy BIN chief, whose session was scheduled for Friday.

On Wednesday, the team could not question Nurhadi Djazuli or Suparto, the former and current BIN secretaries-general. On Monday next week, the team is slated to meet with former BIN chief A.M. Hendropriyono.

"If Hendropriyono fails to turn up, then we must talk to the President as the team actually has signed a protocol with the current BIN chief Syamsir Siregar, which enables us to summon its officials and to get access to related documents," Usman said.

Hendripriyono spars with Munir team

Jakarta Post - June 2, 2005

Jakarta -- Human rights activists have urged the police to detain former intelligence chief A.M. Hendropriyono for what they called "attempts to avoid investigation" in connection with the death of rights champion Munir last year.

"The police have sufficient reason to detain Hendropriyono because he has tried to block the investigation," Johnson Pandjaitan of the Indonesian Legal Aid and Human Rights Association said on Wednesday.

Activists from the Commission for Missing Persons and Victims of Violence protested statements made by Hendropriyono during an interview aired by Metro TV channel on Tuesday night.

Hendropriyono criticized the government-sanctioned fact-finding team looking into Munir's death for a "lack of professionalism". Hendropriyono has filed a police complaint against the team for defamation.

The team wants to question Hendropriyono to seek his clarification of the National Intelligence Agency (BIN)'s alleged link to the Munir case. On Tuesday, the team summoned former BIN secretary-general Nurhadi Djazuli and current BIN secretary- general Suparto for questioning, but neither man appeared.

Hendro trying to divert attention away from Munir case

Detik.com - June 1, 2005

M. Rizal Maslan, Jakarta -- Non-government organisation (NGO) activists have condemned the former chief of the National Intelligence Agency (BIN) AM Hendropriyono's attack on the Munir Fact Finding Team (TPF). They believe that Hendropriyono is only seeking to sensationalise the issue and distract public attention from the case.

"We are questioning Hendro's motive in issuing the statement. It is inappropriate for anyone who respects efforts to enforce the law [to say such things]", said Edwin Partogi, the head of the operational division of the Commission for Missing Persons and Victims of Violence (Kontras) at a press conference at the Kontras' offices on Jalan Borobudur in Jakarta on Wednesday June 1.

As well as activists from Kontras, also present at the press conference was Johnson Panjaitan from the Indonesian Legal Aid and Human Rights Association (PBHI), Uli Parulian Sihombing from the Jakarta Legal Aid Foundation (LBH), Hamid Mohammad from the Indonesian Environmental Forum (Walhi) and a number of other NGO activists.

According to Partogi, Hendropriyono's statement that claims to respect the process of law is in contradiction with his unwillingness to provide information to the TPF. Moreover, Hendropriyono and his team of lawyers have raised questions about the importance of the Munir case and why President Susilo Bambang Yudhoyono issued a presidential decree authorising the formation of the TPF.

"We certainly suspect Hendropriyono's sensationalist posture and statements are no more than an effort to provoke the TPF to become caught up in unnecessary matters. It also aims to distract the tremendous amount of public attention [away from] the Munir case", said Partogi.

A similar view was expressed by Panjaitan who said that Hendropriyono wants do turn a legal matter into a personal one by suing the TPF. This is being done to intimidate the TPF and stop efforts to uncover the Munir case.

"We haven't forgotten the case of [the former head of PBHI] Hendardi who was sued by Hendropriyono resulting in his house being seized while the case being handled by Hendardi was in fact a purely legal one but he turned it into a personal one", he said.

According to Johnson, people like Hendropriyono still have a lot of power. They are therefore asking law enforcement officials to prioritise the questioning of the former number one person at BIN. (gtp)

[Translated by James Balowski.]

Reconciliation & justice

TNI refuses to cooperate over abductions

Jakarta Post - June 4, 2005

Tiarma Siboro, Jakarta -- The Indonesian Military (TNI) has said it will not cooperate with the National Commission on Human Rights (Komnas HAM) in its investigation of the abductions of pro-democracy activists during the Soeharto regime.

The TNI said Komnas HAM had no legal grounds to question active and retired Army officers about the abductions, which occurred during 1997 and 1998, before Soeharto stepped down in 1999.

"Active and retired soldiers have the right to reject any summons from the team," the military said in an official statement on Friday. "We are consistent in the enforcement of the law in the country, but we will oppose any mechanisms we consider unfair," it said.

"The establishment of a team to probe the forced disappearances violates Article 4 of Law No. 39/1999 on human rights, which strictly bans the use of the principle of retroactivity. As we know, investigations into human rights abuses must be based on a certain period and place."

The human rights law was enacted in September 1999. The TNI said retroactive investigations were only possible if the president issued a decree establishing an ad hoc rights tribunal, at the recommendation of the House of Representatives.

This was done to establish ad hoc tribunals to try rights cases from East Timor in 1999 and Tanjung Priok, North Jakarta, in 1984. "The enforcement of the law must not ignore the rights of other people," the statement said.

In a related development, two retired Army officers, Gen. (ret) Wiranto and Lt. Gen. (ret) Prabowo Subianto, as well as the current secretary-general of the Ministry of Defense, Lt. Gen. Sjafrie Sjamsoeddin, failed to appear at the Komnas HAM office on Friday for questioning over the abductions.

The head of the Komnas HAM team investigating the abductions, Ruswiati Suryasaputra, said on Friday the team would send a second summons to the generals next week. "If they refuse to appear at our office after a third summons is issued, we will subpoena them," Ruswiati said.

The team also plans to summon nine other active and retired officers, including Lt. Col. Chairawan, who currently heads the Lilawangsa Military Command overseeing security in northern and eastern Aceh. Ruswiati, however, refused to identify the other officers, citing fears of a "negative reaction from the military".

"There is evidence the abductees were seen in areas belonging to the military. Therefore, we need to coordinate with the TNI in a bid to find their whereabouts," Ruswiati said.

She also denied the establishment of her team had no legal basis. "I do not know why the TNI is accusing us of violating Law No. 39/1999, which authorizes Komnas HAM to set up teams to monitor human rights abuses, even without a political recommendation from lawmakers," she said.

The team is one of seven teams established by Komnas HAM to investigate forced disappearances, including two cases in the troubled provinces of Papua and Aceh.

"We have a responsibility to the families of those victims whose fates remain unknown today," Ruswiati said.

Military top brass to face summons over abductions

Jakarta Post - June 3, 2005

Tony Hotland, Jakarta -- After years of diminishing hope and frustration, the National Commission on Human Rights (Komnas HAM) said on Thursday it was set to question several military and police top brass over the abduction of pro-democracy activists ahead of former president Soeharto's fall in 1998.

A team set up by the commission has summoned active and retired members of the two forces, including Gen. (ret) Wiranto, Lt. Gen. (ret) Prabowo Subianto, and Ministry of Defense secretary-general Lt. Gen. Sjafrie Sjamsuddin, to appear for questioning.

Team head Ruswiati Suryasaputra said that so far only Wiranto, scheduled to be questioned on June 10, has confirmed his attendance. However, Prabowo and Sjafrie, who were summoned to show up on Friday, had yet to respond as of Thursday.

The three officers held key positions within the military during the 1997-1998 period, when dozens of pro-democracy activists were abducted ahead of Soeharto's fall that was preceded by mass riots in Jakarta in May 1998.

Wiranto served as Army chief and subsequently as Indonesian Armed Forces (ABRI) commander. Prabowo served as chief of the Army's Special Forces (Kopassus) before being promoted as chief of the Army's Strategic Reserves Command (Kostrad), while Sjafrie was a Kopassus member.

Formed in January, the team was compiling data, information and facts regarding the abductions, before determining whether or not gross human rights violations had occurred. The team's tenure expires on July 20.

Speaking at a hearing with the House of Representatives' Commission III on legal affairs, Ruswiati said the team has so far gathered information and testimony from victims of abduction as well as relatives and families of missing persons.

She said the three military officials, who are among the 12 military and police personnel on the questioning list, were summoned based on testimony given by victims who managed to either escape or who were released, and also documents from the trials of Mawar (Rose) team members.

Members of the Mawar team, part of the Kopassus' antiterror squad led by Col. Khairawan, were brought to a military court in 1999 after the kidnapping cases of activists were revealed.

The head of the Mawar team, Maj. Gen. Bambang Kristiono, and all the team members, claimed the kidnappings were undertaken at the team's own initiative. All team members received prison terms, while Bambang was dismissed from the Army.

She said her team has sent a letter to TNI chief Gen. Endriartono Sutarto asking him to permit active officials to be summoned, but said that as yet no response had been received.

"We may issue second summonses. If they still refuse to appear, then we'll issue a subpoena against them as we have the right to do this under Law No. 39/1999 on Human Rights," she said.

The House's Commission III chairman, Akil Mochtar, said he was demanding that Endriartono provide full access so that the team could properly investigate the kidnapping cases and to allow reconstructions based on the information gathered from all witnesses.

Land/rural issues

Hundreds of farmers demonstrate against water privatisation

Detik.com - June 4, 2005

Bagus Kurniawan, Yogyakarta -- Law Number 7/2004 on Water Resources continues to encounter opposition. Actions against the law were once again organised by hundreds of farmers, students and non-government organisations in the Central Java city of Yogyakarta on Saturday June 4.

The demonstrators, who were from the People's Water Concern Alliance (ARPA), protested by holding a long-march from the Yogyakarta North Square to the South Square. The march started at 10am and passed by the central post office on Jalan Senopati and then on to the Gondomanan intersection on Jalan Brigjen Katamso

Demonstrators were demanding that water management be returned to a social not commercial function. They are also asking for the rights and sovereignty of the people over water resources to be reinstated.

During the action, farmers brought posters with the slogans "Reject the buying and selling of water resources", "Reject Law No 4/2004 on Water Resources", and "Water's scarce, who's at fault". They also brought five large earthenware water bowls standing one meter tall by becak (pedicab). The water bowels had writing on them such as "Reject water privatisation, water is for the people".

One of the water bowels was then placed in the middle of the intersection in front of the post office as a symbol of opposition against the water resources law. Throughout the protest demonstrators shouted "Privatisation no" and "Water for the people yes".

In his speech action coordinator M. Chabib said that the enactment of the water resources law had created a shift in the way water is valued with its social function becoming an economic one.

Water used to be a public commodity and could be used by the general pubic including farmers to irrigate agricultural land. After the law was enacted it opened up the way for the commercialisation of water. "This could have the impact of threatening the availability of water as a result of the exploitation of water by capitalists who are not concerned over water conservation", he said. (iy)

[Translated by James Balowski.]

War on terror

Government to form special body to fight terrorism

Jakarta Post - June 8, 2005

Rendi A. Witular, Jakarta -- The government says it will form a special antiterror agency in a move that is hoped will overcome the lack of coordination between authorities and different agencies in trying to prevent future terrorist attacks.

The agency will be supported by "terror desks" set up at the provincial level. These desks may be placed under the authority of governors, Coordinating Minister for Security and Political Affairs Widodo Adi Sucipto said after a Cabinet meeting at the State Palace on Tuesday.

The special antiterror agency would be an expansion of the current antiterror desk managed by the Office of the Coordinating Minister for Security and Political Affairs, "The agency is needed to bridge the current lack of coordination between law enforcement agencies in trying to achieve the early detection of terror threats. We expect the planned agency will play a key role in the fight against terrorism," said Widodo.

"The central government cannot handle the fight against terrorism by itself. Provincial administrations must also play a role in this in order for the effort to be effective, since Indonesia is a vast country that needs comprehensive monitoring," he said.

Widodo said the planned agency would coordinate all of the agencies related with the fight against terrorism, including the National Police, the Indonesian Military (TNI) and the National Intelligent Agency (BIN).

Intelligence reports from the institutions would be coordinated by the agency for follow-up action in the field, with the agency also supervising all counterterrorism operations.

Widodo said the technical details of the agency would be discussed later with related agencies and ministries. The head of the agency could be drawn from high-ranking officers in the police or TNI, and would be directly responsible to the president.

Asked if the agency would have greater authority to detain or investigate terrorist suspects, Widodo refused to comment, saying the government had not yet worked out those details.

This new plan comes after the recent bombing in a market in Tentena, near Poso, Central Sulawesi. Twenty-one people died in the attack and dozens of others were injured, making it the deadliest bombing in the country since the Bali bombings in 2002.

Separately, regarding the progress of informal talks between the Indonesian government and the Free Aceh Movement (GAM) in Helsinki, Finland, Widodo said the talks were progressing.

"There are points in the talks that can be followed up on further. However, any peace settlement will include the condition that GAM accepts special autonomy for Aceh and that it agrees to permanently end the conflict," said Widodo.

Widodo said there were a number of crucial points being discussed in the talks, but the government refused to accommodate GAM's demand for the formation of local political parties and the holding of local elections.

Also discussed at the talks is the possibility of involving member states of the Association of the Southeast Asian Nations in monitoring any peace settlement in Aceh. Other countries, including members of the European Union, may also be welcomed to play a role in monitoring any peace agreement.

Top Muslim bomber hiding near Jakarta - police

Reuters - June 6, 2005

Jakarta -- One of Southeast Asia's most wanted Islamic militants may be hiding on the outskirts of the Indonesian capital, police said on Monday as they stepped up security at luxury hotels and embassies after a US warning.

Jakarta police spokesman Tjiptono said that although police in the capital were already on high alert, they had yet to see signs an attack was imminent.

"We think Azahari and his people are just outside Jakarta," Tjiptono told Reuters, referring to the Malaysian fugitive accused by Indonesian police of being the chief bomb-maker for the regional al Qaeda-linked Jemaah Islamiah militant network.

"We are increasing security as a precaution. We can't tell what they are planning to do, but we're on guard." Jakarta Police Chief Firman Gani said security had been reinforced at 11 embassies, including France, Canada, Germany and the United States. Five luxury hotels, namely the JW Marriott, Shangri-La, Ritz Carlton, Four Seasons and the Hilton, had also had police security strengthened, he said.

Gani said other hotels had been asked to take their own measures to increase security.

Police have said Azahari is among the masterminds behind a spate of bombings in Indonesia, including the 2002 Bali blasts that killed 202 people, the 2003 JW Marriott hotel bombing in Jakarta that claimed 12 lives, and last year's blast outside the Australian embassy that killed 10 people.

The United States embassy on Friday warned Americans of a threat to bomb the lobbies of hotels frequented by Westerners in Jakarta.

Tensions have also been raised by the May 28 blasts that tore through a market in the predominantly Christian city of Tentena on eastern Sulawesi island. That attack killed 22 people, making it the bloodiest since the Bali nightclub blasts.

Police have identified two suspects in that bombing, but said while it bore the hallmarks of Jemaah Islamiah they had yet to determine a motive.

Despite heightened security at hotels, there appeared to be little impact on occupancy. "In fact, last weekend our occupancy rate went up," Yos Rizal, director of sales of the five-star Aryadutta hotel, told Reuters. "But we are tightening security, and we have asked for additional police to safeguard the compound," he said.

The Jakarta Hilton also reported no drop off in guests. "Our occupancy is still stable, and we haven't seen any guests cutting their stays," said Emeraldo Parengkuan, public relations director. Security at major malls is also tight.

The US Embassy and others have issued a number of warnings to their citizens about security in Indonesia in recent years. Among other things, the warnings have advised people to avoid hotels, shopping centres, nightclubs and housing areas popular with Westerners.

About 85 percent of Indonesia's 220 million people are Muslim. But in some eastern parts, Christian and Muslim populations are about equal. Communal tensions have in the past been exploited by radical Islamic groups.

Jakarta embassy bombers not remorseful

Australian Associated Press - June 7, 2005

The perpetrators of the 2004 bombing at the Australian embassy in the Indonesian capital felt no remorse for the 10 innocent people who died in the attack, a suspect in the blast told a Jakarta court on Tuesday.

Abdul Hassan said that those who died -- all of whom were Indonesians -- did so because of "Allah's will". The dead were either passers-by, people queuing up to enter the heavily fortified mission or security guards. "When we talked about the bombing afterwards, we never felt any remorse," Hassan told the South Jakarta District Court.

Hassan, who is on trial for conspiring in the attack, made the comments during his appearance as a prosecution witness in the trial of co-accused Iwan Darmawan, as known as Rois.

Police have arrested six suspects in the attack, which was blamed on Jemaah Islamiah, the regional terror group officials say received funding from al-Qaeda. Three are already facing trial.

Several others suspects in the attack, including Malaysian militants Azahari bin Husin and Noordin Mohamed Top, remain on the run somewhere in world's most populous Muslim nation.

Jemaah Islamiah is also blamed in the August 5, 2003 Marriott hotel bombing that killed 12 and the 2002 Bali bombings that killed 202 people, most of them foreign tourists.

Politics/political parties

PDI-P Reform Movement open to forming new party

Kompas - June 5, 2005

Jakarta -- The Indonesian Democratic Party of Struggle (PDI-P) Reform Movement's "opposition" to the party's central leadership board led by Megawati Sukarnoputri continues unabated. Indeed there is a possibility that they will form a new political party if their legal efforts run aground(1).

This was conveyed by a member of the collective leadership board of the PDI-P Reform Movement, Sukowaluyo Mintorahardjo, during a break at an event titled "The Commemoration of a Decade of Pancasila June 1, 1945-2005" which was held in Jakarta on Sunday June 5.

The commemoration was attended by a number of senior PDI-P figures such as Roeslan Abdulgani and Abdul Majid. PDI-P Reform Movement figures that attended meanwhile included Reform Movement steering committee head Roy BB Janis, Laksamana Sukardi, Mochtar Buchori, Noviantika Nasution and Didi Supriyanto. Around 1000 people participated in the event which was held at Indoor Tennis stadium in Senayan.

In principle, Mintorahardjo said that his group would give precedence to legal efforts. If their suit against the PDI-P leadership wins, the Reform Movement will ask for another congress or extraordinary congress to be organised.

Responding to questions from journalists, Mintorahardjo said that forming a new political party represents an alternative if their legal efforts fail. He stressed that they are not breaking away from the PDI-P's ideological orientation and support nationalist Pancasila forces.

Janis disagrees

With regard to the alternative of forming a new political party as stated by Mintorahardjo, Janis, who was met separately, just shook his head. The PDI-P Reform Movement said Janis, would never consider establishing a new political party because what was intended from the beginning to save the PDI-P which they believe has taken wrong turn. (dik)

Notes:

1. The PDI-P's congress in April unanimously reelected party chairperson former President Megawati Sukarnoputri despite calls from sections of the party to open up and reform the PDI-P's central leadership board. A number of party leaders including members of parliament were later sacked for opposing Megawati's election and are currently challenging the decision in the courts.

[Translated by Risna.]

Regional elections

Direct elections peaceful in Java

Jakarta Post - June 6, 2005

Suherdjoko and A'an Suryana, Pekalongan/Jakarta -- After successful direct elections in Kutai Kartanegara regency last week, direct regional elections were held on Sunday in Pekalongan and Cilegon municipalities and Kebumen regency.

Like the landmark Kutai Kartanegara elections, the direct elections in the municipalities and regency on Java island proceeded peacefully, leading to optimism for similar success in the series of elections that will take place in 200 regencies and mayoralties nationwide this year.

In Pekalongan, Central Java, enthusiast voters began lining up at polling stations across the municipality at 8 a.m. Voters continued to trickle into the polling stations until they closed at 2 p.m.

The mayoral election was a colorful affair, with poll committees at the different polling stations doing what they could to make the vote a true event that residents could enjoy. The committee at the polling station in Tegal Rejo subdistrict wore traditional Javanese clothing, to the delight of residents and guests.

The police and military maintained a larger than usual presence in the city during the voting, with each polling station guarded by at least one security personnel.

Security was so tight because of fears of possible violence in Pekalongan, which has been a flash point for political unrest in recent years. In 1999 legislative elections in the city were marred by a clash between supporters of the National Awakening Party (PKB) and the United Development Party (PPP), injuring dozens of people.

However, there were no signs of trouble during the vote on Sunday.

According to a provisional tall on Sunday afternoon, the pair of Basyir Achmad and Abu Almafachir, nominated by the Golkar Party, were in the lead with 51.25 percent of the votes that had been counted.

Of the three other pairs of candidates, the nearest were Timur Susilo and Urip Sunarjo with 26.31 percent of the votes.

Despite the seemingly convincing lead of the Golkar candidates, the election still cannot be called because only 3,000 votes from a total of 190,030 eligible voters had been counted as of Sunday afternoon.

In Kebumen regency, also in Central Java, Antara news agency reported the pair of Rustriningsih, who is seeking reelection, and Muhammad Nashirudin Al Mansyur had a convincing 79 percent of votes counted in 10 of 26 districts in the regency.

The pair, nominated by the Indonesian Democratic Party of Struggle (PDI-P), was well ahead of the three other pairs of candidates. The nearest candidates were Ananto Tri Sasongko and Suprapto, nominated by the Golkar Party, who had some 10 percent of the vote in the provisional tally. There are 864,000 eligible voters in the regency.

Suroto, the acting regent of Kebumen, said on Sunday there had been no reports of poll fraud.

The only hint of trouble on Sunday occurred during the elections in Cilegon municipality, Banten, where allegations of poll fraud were raised. At polling station 18 in Rawa Arum subdistrict, the poll committee discarded 211 voter cards because the names on the cards were unknown to the committee.

At polling station 24 in Jombang Wetan subdistrict, police officers arrested two people distributing coupons for free ice cream and meatball soup to voters.

Poll witnesses expressed outrage over the coupon giveaway and the situation threatened to get out of hand, but police officers moved in and took the two men away for questioning. The men, who were poll committee members, said they were simply handing out coupons to get more people to vote.

Democracy takes final step in local polls

Reuters - June 1, 2005

Achmad Sukarsono, Jakarta -- Indonesians on Borneo island voted in landmark elections on Wednesday, choosing local leaders for the first time in a process that symbolises the final devolution of authority from the once all-powerful central government.

Residents in the Kutai Kartanegara regency of East Kalimantan province are the first to vote in a series of local elections that will also complete the transition to democracy in the world's most populous Muslim nation.

Leaders in one-third of Indonesia's 33 provinces and half of its 400 regencies, or districts, will be elected this year. Around 80 percent of those elections will be held in June alone.

Elections in the remaining provinces and regencies will take place from 2006, although no dates have been set. Indonesia held its first direct presidential poll last year.

"This is a milestone that allows the people in Kutai Kartanegara to freely choose their leaders. We now can act without being hassled anymore by the central government," said Ishack Iskandar, head of the regency's election commission.

"If this country wants to progress, it has to let people in the regions choose their own path as long as we stay in the unitary state framework," he told Reuters from the region's main town of Tenggarong, 1,250 km northeast of Jakarta.

About 376,000 voters were eligible to elect the Kutai Kartanegara regent and a deputy. Up for grabs is one of Indonesia's richest regencies, thanks to abundant reserves of oil, coal and timber on Indonesia's side of Borneo island. Results will be known within days.

Under former autocrat Suharto, who ruled for 32 years until 1998, local officials took their orders from Jakarta, which closely vetted the appointment of provincial and district leaders. Candidates, chosen by local parliaments, were often active soldiers or figures with links to Jakarta.

After Suharto's downfall, local leaders clamoured for more authority and a share of income from natural resources that had previously gone to Jakarta. Analysts also said power needed to be devolved to reduce the separatist tensions in the resource-rich provinces of Aceh and Papua.

In 1999 and 2000, the central government drew up regional autonomy laws that transferred a greater share of revenue and allowed local governments to make many of their own laws. Some foreign investors have complained this has led to the introduction of confusing regulations that impede their business.

Icing on the cake

But Muhammad Qodari, research director at the Indonesian Survey Institute, said the local elections should improve governance by making elected local leaders accountable.

"Whoever gets elected in these regional elections will act more carefully because they know they may get booted out when voters think they have failed to deliver," Qodari said.

"Politically, Jakarta's clout has weakened in the regions since regional autonomy began. If regional autonomy is a cake, the polls are its icing and cherry." Iskandar said graft fears were "a phobia from Jakarta".

One of the most closely watched local polls will be on June 30 in the Poso regency of eastern Sulawesi island, where blasts blamed on Islamic militants killed 22 people last Saturday.

Clashes between Muslims and Christians from 1999-2001 killed 2,000 people there until a peace deal was agreed in an area where roughly equal numbers follow each religion.

Underscoring the desire for peace, the five pairs of candidates vying for the job of Poso regent and its deputy each comprise a Muslim and a Christian. Campaigning will begin within two weeks.

(Additional reporting by Telly Nathalia)

Independent candidates barred from polls

Jakarta Post - June 1, 2005

Jakarta -- The Constitutional Court ruled on Tuesday against a possibility for independent candidates to contest regional elections, saying it would discourage efforts to help political parties mature.

In its verdict, the court judges unanimously agreed that Law No. 32/2004 on regional administrations was consistent with the Constitution in requiring candidates to win support from parties in order to vie for top executive posts in regencies, municipalities and provinces.

The ruling was passed at the expense of the Freedom Bull Nationalist Party (PNBK) and Regional Representative Council member Biem Benjamin.

In its motion, PNBK said the law was unconstitutional, especially due to article 59, section 2, which says that candidates for governors or regents be nominated by a political party that has at least 15 percent of the seats in the respective local legislature, or had secured at least 15 percent of the popular votes in the previous election.

The court hearing was presided over by deputy Constitutional Court chief Laica Marzuki, representing chairman Jimly Asshiddiqie, who is currently in Moscow.

The verdict was unanimously agreed upon in an earlier meeting on May 19 attended by chairman Asshiddiqie as well as judges Laica Marzuki, H.A.S. Natabaya, Achmad Roestandi, Harjono, Mukthie Fadjar, I Dewa Gede Palguna and Maruarar Siahaan.

In a separate session, the court rejected a request filed by DPD lawmaker Biem Benjamin for a revision of the same law, which prevented him from running for governor last year.

But Biem said the verdict would not discourage him. "Hopefully, the political system in Indonesia will change in the future," Biem, a son of the late comedian Benjamin, told reporters. He added that he had not considered joining another political party so they could nominate him.

Government/civil service

House drops plan to probe fuel price increases

Jakarta Post - June 1, 2005

Tony Hotland, Jakarta -- Opposition bloc in the House of Representatives was dealt a major blow as the legislative body voted on Tuesday against creating two special committees to inquire into the government's controversial fuel price hike policy and the auctioning of illegal sugar.

During a plenary session, the majority of all 10 factions in the House agreed not to set up the committees, saying the issues would already be further examined by existing House commissions.

A request to inquire into the government's fuel price hike policy was submitted in March after a group of legislators, most of them from the Indonesian Democratic Party of Struggle (PDI-P), opposed the rise. The party has officially declared itself an opposition to the government of President Susilo Bambang Yudhoyono.

A House member may request the creation of a special committee for an issue, with at least 11 legislators from two factions needed for the request to be brought to the plenary session. All House factions later on express their views on the motion.

At that time, the House agreed to accept the government's policy but insisted Cabinet members explain it to the House's finance commissions, especially the detail of how assistance packages for the poor in education and health care would be disbursed.

Three House factions -- the PDI-P, the National Awakening Party (PKB), and the Social Democratic Party (PDS) -- oppose the government's fuel hike policy, while other factions spearheaded by Vice President Jusuf Kalla's Golkar Party and Susilo's Democratic Party, support it.

The PKB, PDS and PDI-P also called for the special committee into the sugar smuggling case, which was considered by many to be marred by corruption and unfair competition.

About 56,000 tons of sugar was discovered after it was illegally imported from Thailand last year and some of it was later auctioned. House members filing the request said the auctions were often not transparent because they were not publicly announced and questioned the relatively low final auction prices of the sugar.

The auction process was overseen by the Attorney General's Office, which is alleged to have favored certain political interests. The auction followed an instruction from Vice President Jusuf Kalla.

The Business Competition Supervisory Commission (KPPU) has launched an investigation into the auction process, which reportedly caused Rp 47.85 billion (US$4.87 million) in state losses as the tender winning company bought the sugar at a price below the price set by the Ministry of Trade.

KKPU, however, was silent about the fact that the North Jakarta District Court which administered the auction gave only four days to companies to take part in the auction. The auction was made public through a local Jakarta newspaper.

While agreeing that the process was questionable, the House voted that it should be examined in more detail by the Commission III on legal affairs and Commission VI on trade and industry.

In the same session, the House formed three working committees to deliberate three bills with the government -- the 2005-2025 national development planning bill; the disaster mitigation bill; and the bill on the government regulation in lieu of law No. 1/2005 on industrial disputes resolution.

Regional/communal conflicts

Confusion reigns over probe into Tentena bombings

Jakarta Post - June 4, 2005

Ruslan Sangadji and Slamet Susanto, Poso/Yogyakarta -- A terrorist suspect detained in Yogyakarta has admitted to having assembled the bomb that killed 21 people in the Central Sulawesi town of Tentena last Saturday, Yogyakarta Police say.

However, National Police chief Gen. Da'i Bachtiar has his own leads, saying investigators suspected that the explosives had been assembled by an inmate in a Poso prison.

Police, Da'i said, found evidence that the bombs were linked to a local government official, who was accused of the alleged misuse of state funds allocated for people displaced by sectarian conflict in Poso in 2000.

Yogyakarta Police said that based on the confession of a terror suspect, Syaifullah, who is blamed for a blast outside at the main post office and the attempted bombing of Kauman Mosque in Yogyakarta on Jan. 27, the police were now hunting five suspects allegedly recruited by Syaifullah, who were still on the loose in Poso.

"Syaifullah mentioned his recruits, who we are identifying by their initials as JM, JR, SD, SY and M. We have passed on this information to the Central Sulawesi Police," Yogyakarta Police chief Brig. Gen. Bambang Aris Sampurno said on Friday.

Syaifullah also told the Yogyakarta police he had assembled 48 more bombs between 2001 and 2002 while he was in Poso regency, where Tentena is located. He said the remaining bombs had been handed to a colleague in Pandajaya village in Poso he identified as Ahmad Yani, who had been arrested before the Tentena blasts.

Central Sulawesi Police arrested Syaifullah recently, catching him after he had been on the run for months.

Police said Syaifullah, who claimed to be a member of the outlawed Indonesian Islamic State (NII) organization, had also built up a network of terrorists in Poso. The 35-year-old had undergone training with Moro Muslim rebels in the southern Philippines, they said.

"All this information was revealed after the interrogation of Syaifullah and his colleagues Suhadi and Taufik," Bambang said.

Syaifullah refused to talk to the press, saying the police had not provided him with lawyers.

The naming of several local government officials as suspects in the Tentena bombings has sparked speculation that the blasts were planned to divert public attention from a corruption case.

Da'i said the police had discovered bomb materials, such as tubes and iron pieces, in Poso prison. "We're conducting forensic tests on the materials to see if they match the bombs that went off in Tentena," he said.

Police had also found residues of bomb materials on prison warden Hasman's body and similar materials in the car of former social affairs official Abdul Kadir Sidik.

"However, we'll only be able to confirm such connections and the motive for the attack after we manage to arrest AT and E," said Da'i, referring to two suspects who are still at large.

Antara reported that dozens of police officers had staked out an unidentified island in the Togean chain, where AT and E are believed to be hiding.

So far, the police have arrested a total of 20 people in connection with the bombings, including Abdul Kadir and Hasman.

Abdul Kadir has accused the police of planting evidence, the residues of bomb-making materials, in his car.

Prison chief, inmate charged over Sulawesi bombing

Agence France Presse - June 3, 2005

An Indonesian prison chief and one of his inmates, believed to be a government official sentenced for graft, have been charged over a bombing on Sulawesi island that killed 21 people, police said.

National police chief Da'i Bachtiar told reporters that evidence pointed overwhelmingly to the involvement of the two men in Saturday's attack on a busy market place in the Christian town of Tentena.

The pair have been named as Hasman, the head of the prison in the nearby Muslim-dominated town of Poso, and Abdul Kadir, said to be an official jailed for embezzling state funds intended for the victims of religious conflict.

"It's those two. It's already clear that it was them, the head of the prison and Abdul Kadir," Bachtiar said.

Bachtiar said the pair were detained because police had found chemicals on the body of Hasman and inside Kadir's car that were "identical" to those used in Saturday's bombings.

He said Kadir had been picked up by police "wandering outside the prison" during a routine check on Monday night.

The weekend attack was earlier blamed by police on Islamic militants with possible links to the Jemaah Islamiyah organisation, the alleged Southeast Asian arm of the Al-Qaeda network, hoping to revive religious tensions.

Central Sulawesi has been dogged by violence between Christians and Muslims after a 2001 peace deal ended almost a year of fighting in which more than 1,000 people died.

But local officials have said the bombing could be a politically motivated to justify a strong military presence or an attempt to divert attention away from a corruption scandal.

Corruption scandal linked to Tentena attack

Jakarta Post - June 1, 2005

Palu, Jakarta -- Central Sulawesi Police announced on Tuesday that the bombings in the Christian town of Tentena that killed 21 people on Saturday were not carried out by suicide bombers.

There are now suspicions that the attack was aimed at diverting attention from a corruption scandal in Poso regency, Central Sulawesi.

Police and local religious leaders earlier said the attack may have been the work of a suicide bomber after the authorities found the body of an unidentified man among the victims. The man was later identified as Syamsul Iskandar.

"What was said earlier about Iskandar was merely preliminary suspicions. Now everything is clear, meaning that the victim was not a suicide bomber," Central Sulawesi Police spokesman Adj. Sr. Comr. Rais Adam told The Jakarta Post.

He said Iskandar was a vendor at the devastated market in Tentena, some 60 kilometers north of Poso, adding that the victim was from Enrekang regency in South Sulawesi and his body had been returned to his family for burial.

In a new development, Poso Police arrested on Tuesday two men suspected of involvement in the Tentena bombing. They were identified as Abdul Kadir Sidik and Elvis. Kadir and Elvis were apprehended after witnesses reported seeing the men in Tentena before the bombings, said Poso Police chief Adj. Sr. Comr. Mohammad Sholeh Hidayat.

He said the suspects were being questioned by a joint team of investigators from the National Police and the Central Sulawesi Police.

The two men, both former government officials in Poso, should be serving prison sentences for corruption. They were convicted of embezzling Rp 2.3 billion (US$242,105) in funds meant for refugees affected by three years of sectarian fighting in Poso.

Three other people -- former activists Andi Makkasau and Ahmad Laparigi, and the former head of the Poso social affairs office, Anwar Ali -- were taken from their prison cells for questioning over the bombing. Makkasau, Laparigi and Ali were all convicted of corruption in the same refugee fund scandal.

The police also are questioning the warden of Poso prison, Hasman, to determine why Kadir and Alvis were released early. Officers also want to know why two convicted murderers, Supratman and Jufri, were arrested in a police raid in Poso when they should have been in the prison.

Hasman was arrested in the same raid in Poso, during which officers found a gun in his car, along with Supratman and Jufri, who were convicted of a murder in South Bungkul in neighboring Morowali regency.

Laparigi, Makkasau and Kadir Sidik were also allegedly involved in the beheading of the Pinedapa village chief in Poso Pesisir district last year. The murdered village head was reportedly a key witness in corruption cases involving refugee funds.

In Jakarta on Tuesday, the Foundation of the Indonesian Legal Aid Institute and several Poso NGOs, including the Institute for Strengthening the Poso Community and the Foundation for a Free Land, said the Tentena attack could be linked with corruption in Poso. Speaking at a press conference, they pointed out that most of the suspects being questioned over the attack were corruption convicts.

However, Vice President Jusuf Kalla dismissed speculation the Tentena attack was meant to divert attention from corruption in Poso, which allegedly involves local senior officials, businesspeople and activists.

"Those involved in corruption do not kill people to divert attention. They usually run away or flee abroad. That is their nature. I think it is illogical to say this attack was for their own benefit," he said.

Kalla said terrorists were behind the bombings. "The police have done a good job. They have arrested a number of suspects. They are definitely part of an extremist group that has been operating there for a long time." The death toll from the bombings was revised by local police to 21 on Tuesday, with more than 70 people injured.

Focus on Jakarta

Urban problems blamed for rising teen suicide rate

Jakarta Post - June 7, 2005

Abdul Khalik, Jakarta -- With the glamor of life in the metropolis a constant attraction for the young and a source of frustration for those who cannot afford to enjoy it, the family of 17-year-old Yuni Anggraeni never expected that she would go that far.

"She often told me how depressed she was when looking at her friends who could buy fancy dresses or shoes," auntie Icih Nuraisah recalled.

"I kept telling her that she'd better stop dreaming... her mother earns money by washing others' clothes while her father is a construction worker. In fact, she had to drop out of school as we had no money. After that, she became so quiet," Icih said in a shrill voice in an interview with The Jakarta Post on Monday.

She was the one who found Yuni's cold body hanging by a plastic rope tied to a wooden bar inside their house in Kebon Jeruk, West Jakarta, last Tuesday.

Yuni was only one of dozens of teenagers who committed suicide in the past five months. Data from the Jakarta Police reveals that the number of suicide cases rocketing to 71 in the first five months alone, compared to only around 20 in the same period last year. Over half of the cases are young people aged below 20 and still in school.

Earlier on May 29, Abdul Rohim, 16, ended his life because his parents could not afford to pay his school fees, while on Feb. 15, a day after Valentine's Day, Elfi Manora, 15, killed herself at school because her parents told her to quit school and marry a much older man to lighten the family's financial burden.

Jakarta Police spokesman Sr. Comr. Tjiptono said that although the police still had to do more research on the motives behind the high number of young people committing suicide, preliminary investigation into most cases found that they came from low- income families.

"According to witnesses, many of them complained about financial difficulties right before committing suicide. They probably couldn't bear the hardships of life in Jakarta," Tjiptono told the Post.

Psychologist Irwanto of the Atmajaya University, who often counsels teenagers, said that while he agreed that poverty could be a major cause of suicide, it was triggered more by continuous humiliation as well as a communication barrier with their parents and teachers.

"They have no chance at all to express their feelings or communicate their problems with their parents, who are probably busy earning money," he said.

Adding that while teenagers are facing some difficulties in adjusting to the physical changes of adulthood, "the rough life in the metropolis has made them stigmatized as delinquents or criminals by adults, while at times they feel humiliated by their friends for not being able to catch up with the latest trends or fashion".

ID crackdown nets hundreds

Jakarta Post - June 3, 2005

Jakarta -- Hundreds of people were caught in an identity card crackdown on Thursday morning in the subdistricts of Senen, Bungur, Kramat and Paseban in Central Jakarta.

"The operation was held to remind residents to obtain valid identity cards," an official at the City Population and Civil Registration Agency, Rosyik Muhammad, was quoted as saying by Antara.

Agency officials, backed by police and the military, went door to door in the subdistricts to check the identity cards of residents.

Anyone found without an identity card issued by the Jakarta administration or a temporary stay permit was ordered to go to the district administration office to arrange for an ID card.

"I was just thinking of getting a Jakarta ID," said Lina, 21, who works at a fast-food outlet at Mal Atrium.

Officials confiscated her ID, which was issued in Sukabumi, West Java. Those people found in violation of City Bylaw No. 11/1988 on public order was fined about Rp 25,000.

Environment

Illegal logging not just about smuggling timber

Jakarta Post - June 6, 2005

Krystof Obidzinski, Bogor -- Barely a day goes by without a story appearing in the Indonesian media about illegal logging. Often these stories bemoan the loss of timber smuggled on boats out of Papua, trucked across the Kalimantan-Sarawak border, or ferried through Riau's labyrinthine archipelago.

Preventing timber smuggling is vital. But the intense media focus it receives blinds the public to other important issues in the war against illegal logging.

One thing the media could do is tell the public about how forestry laws are broken daily by licensed forestry operations. Illegal activities by "legal" operators are wide-spread. Their impact is devastating -- both on Indonesia's forests and on the hundreds of thousands of Indonesians who live in or near them.

Recent research by the Center for International Forestry Research (CIFOR) and The Nature Conservancy (TNC) in the Berau and East Kutai Districts of East Kalimantan has identified a whole range of illegal practices rarely addressed by the media.

One common ruse companies use is to pretend they are temporarily closed-down. In reality their chain saws are decapitating trees as fast as they can.

CIFOR and TNC's research revealed one Berau company cut 58,784 cubic meters of logs in 2004, despite its logging permit (IPKTM) expiring in 2003. This cost the district government Rp 11.5 billion in lost taxes that could have been spent on improving health facilities, schools and other job generating activities.

Another scam is the "plantation hoax", where companies get rich by promising to develop oil palm plantations in return for a logging license.

Between 1997 and 2001 one company in Berau clear cut 9,500 hectares of forest -- that's about 23,000 soccer pitches or Monas Park multiplied by 95 -- and then didn't plant a single palm. It then failed to pay the district government most of the Rp 53.4 billion taxes owed on the timber it cut down.

Kompas newspaper reported last year that fictitious oil palm schemes caused state losses of Rp. 3.5 trillion across East Kalimantan.

CIFOR and TNC's research also revealed that timber companies understate production figures and manipulate shipping records. Since 2000, the annually reported shipment of sawn timber from Berau was 20,000 cubic meters higher than the reported production of sawn timber. This is a serious level of under-reporting.

The true magnitude of the under-reporting becomes clear when the real production and shipping of sawn timber in Berau is compared with actual sawmill output, not reported output. Research shows real production is 5-7 times higher than the official figure. The situation is similar in Kutai.

As suggested earlier, the cost to the district governments in lost revenue is enormous. In 2003, Berau district alone lost over Rp. 100 billion in unpaid Reforestation Funds (DR), Forest Resource Rent Provision (PSDH) and district timber taxes.

While illegal forest activities drain the government finances and breed corruption, the fact is, they create jobs, particularly for the unskilled.

Closing down timber mills and factories -- both licensed and unlicensed -- is politically difficult. People need jobs. A man with a family to support doesn't care about his employer's legality. All he wants is a wage to put food on the table.

In 2003, unlicensed operators in Berau generated 4,000 jobs -- double the number provided by licensed operators. In East Kutai, the licensed sector supported 5,500 jobs and the unlicensed sector 2,500.

But this greater number of "legal" jobs in East Kutai consists mainly of short-term employment in clearing land for plantations. Without this short-term employment, the unlicensed sector would provide many more jobs than the licensed sector.

Quite simply, illegal forest activities generate a lot of "informal" revenue.

For governments at all levels, cracking down on the companies that generate this wealth is just not politically viable. Not when they contribute so significantly by generating "informal" income. Not when closing them down might lead to civil unrest.

Given this scenario, preventing environmental damage and saving state budget losses are the last to enter the equation.

It all sounds very grim. But with sufficient political will and long-term political vision, progress towards more sustainable forestry practices is possible.

First, current law enforcement measures must go beyond timber smuggling and tackle other illegalities occurring in the forest sector, such as logging outside allocated areas, understating production, manipulating shipping records and evading taxes.

Second -- and this is the tough one -- the overcapacity in Indonesia's timber processing sector must be reduced if the demand for timber that drives illegal logging is to be halted. The capacity of registered mills must be downsized and unregistered mills closed.

To reduce job losses the government will need to create alternative employment opportunities. Improved forest tax revenues, the rapid expansion of the oil palm sector and the intensification of public infrastructure projects could all play a role in absorbing much of the freed-up forestry labor.

Third, bilateral agreements to combat unregulated timber trading must be enforced, particularly between Indonesia, Malaysia and China.

Fourth, good conduct among timber producers should be encouraged through certification schemes and tenure security. Tenure security for local people should also be guaranteed to encourage them to protect their forests.

And finally, grass-root pressure for greater accountability and transparency in the district forestry sector needs to be supported.

None of this will be easy. But establishing a sustainable timber industry, creating forestry jobs and generating local income will be a whole lot harder once the trees have gone the way of the dinosaur.

[The writer conducts research into illegal logging for the Center for International Forestry Research (CIFOR) in Bogor.]

Revisiting the Newmont case

Jakarta Post - June 4, 2005

Tony Hotland, Jakarta -- An out-of-court settlement that the government plans to seek with gold miner PT Newmont Minahasa Raya proves to be another example of a failure to serve the people, in this case the residents of Buyat Bay in Minahasa, North Sulawesi, who have long been waiting to see the light at the end of a long tunnel.

The government would apparently also like to drop the criminal suit filed by the police against the U.S-controlled company in the Manado District Court, the trial of which is currently stalled pending what we can only guess at given that the case files were submitted nearly four months ago.

Coordinating Minister for the Economy Aburizal Bakrie has incessantly talked about securing more foreign investment for our investment-hungry nation.

Does this justify everything? Does it justify the previous administration's decision to once again allow 13 giant mining firms, partially or fully-owned by foreign companies, to operate in protected forests? A recently-issued presidential decree allowing the government to unilaterally bulldoze people's land and set the compensation terms in the overrated name of the development of public infrastructure is another thing to ponder upon. Let's also talk about State Minister for the Environment Rachmat Witoelar.

During hearings with the House of Representatives, he impressed them with his unshakable resolve to go all the way with the suit, as he proudly cited a report concluding that Buyat Bay, the main source for drinking water and food for the locals, is highly contaminated with toxic materials.

The hearing of the civil suit kicked off early last month in the South Jakarta District Court. Later, despite protests, Rachmat extended the license for Newmont's operation in West Nusa Tenggara province to continue disposing of its tailings in the ocean.

More recently, Newmont cofinanced an international seminar in which the speakers concluded that the bay was not polluted. It is this conclusion that the economic ministers are using as a base to drop the civil suit.

This is not about seeing who wins or loses a trial. This is about keeping promises to the public and seeing that justice is served. This trial is an historical event that is too valuable to let slip away and so important for sustainable development in our environmentally fragile nation.

A trial serves to determine who has the strongest case. What an out-of-court settlement does, especially in a case of such an immense scale and involving so many interests, is simply to give rise to suspicions.

A trial could also be helpful to Newmont, which has said that it is being unfairly vilified, as its reputation would be restored if it won. But then again, Newmont has never shown much inclination to go to court even as it continued proclaiming its innocence.

The company tried for almost five years to keep an alleged mercury spill in the Peruvian town of Choropampa at the talks level. These collapsed recently after the residents gained a renewed determination to fight.

Perhaps the government wants Newmont to carry out complete environmental rehabilitation at its mines. Wait a minute, though, isn't that already Newmont's duty, and that of all mining firms, as stated in their contracts.

Or perhaps the government wants to get Newmont to pay the medical bills of those Buyat people suffering from various diseases, high levels of metals in their blood, and even deformities? Err, remember Newmont saying it would not pay any compensation as that would be the equivalent of admitting wrongdoing? Or, is it all really about the money?

With so much hype from the government that its determined to take on Newmont, is it really maneuvering for deal for the interests of the state or just for individual gain? It's clear that Newmont has a lot at stake if it loses. The company operates two vast mines in West Nusa Tenggara and in North Sumatra that have millions of tons in gold and copper reserves.

With the prices of these two minerals forecast to remain high, a slice of the big cake promised by the business sure is enough to secure a well-off future.

So, what's really going on here? Aburizal argued that the government was setting up a team -- gee, more teams and teams and teams -- to draw up a settlement proposal.

Hmm, so you decide to drop the case first, then discuss what to propose later on? One short question: who do you think you're fooling here?

[The writer is a journalist with The Jakarta Post.]

Impact analysis rendered impotent by corruption

Jakarta Post - June 3, 2005

Hera Diani, Jakarta -- The government made the commissioning of an environmental impact analysis mandatory for all major projects 20 years ago. However, corruption has once again prevented the original good intentions from bearing fruit, and pollution and environmental destruction are now worse than ever.

State Minister for the Environment Rachmat Witoelar has admitted that many still see the need for an impact analysis as nothing more than a bureaucratic requirement.

In reality, however, an environmental impact analysis should actually be a comprehensive, scientific document that not only serves as a study on environmental feasibility, but also ensures greater cost efficiencies.

"With the problems that exist, it's no wonder that people are skeptical about the benefit of environmental impact analyses. While they are still relevant, the whole area needs to be revitalized," Rachmat said while opening a seminar on Thursday, the first day of Indonesian Environment Week, at the Jakarta Convention Center (JCC).

An expert on environmental impact analyses, Soeryo Adiwibowo, said that the analyses were often perceived as commodities, which resulted in poor quality assessments by central and local environmental management agencies.

"Many firms don't even bother to commission analyses. Some just copy them from somewhere else. Meanwhile, some others do commission analyses but don't implement them," said Soeryo, who heads the environmental research center at the Bogor Institute of Agriculture (IPB).

The need for the analyses is often seen as an additional cost instead of an effort to protect the public and the environment. "These problems reflect who we are as a nation: Weak governance and law enforcement, as well as a lack of conscience and competence," Soeryo said.

Not every country requires an environmental impact analysis as a prerequisite for a development. Canada, for instance, requires it, while Singapore does not. Yet, both countries' environmental problems are much less than Indonesia.

To revitalize this area, the most important thing is to enforce the law against violators, Soeryo said, adding that it means that those who do not possess analyses, do not implement them or plagiarize them must be punished.

On the other hand, he urged the government to provide rewards or incentives to those that commissioned impact analyses.

Continuous monitoring was also essential to ensure that the analyses were actually complied with.

As for the business community, Soeryo said there should be a paradigm shift to perceiving impact analyses as being beneficial, instead of solely as an additional cost.

He said that 52 studies conducted around the world showed that environmental impact analyses actually saved project costs amounting to up to US$300 million per year.

"An impact analysis needs to be seen as a feasibility study. It requires some money, true, but it will provide benefits through the modifications made to the project based on the study," he said.

Bali/tourism

Tourist numbers down in April, BPS reports

Jakarta Post - June 2, 2005

Jakarta -- With the advent of the low season, the number of foreign tourists arriving through Indonesia's 13 main entry points fell by almost 4 percent in April, after rising by more than 11 percent in March, the Central Statistics Agency (BPS) reported on Wednesday.

In its latest statistical survey of the country's tourism sector, the agency reported that 333,694 travellers had visited Indonesia in April, down from the 345,694 visitors recorded the previous month.

Given the latest figures, the country's tourism sector will have a lot of work to do before it can be said that this year has been a success, as the cumulative total of foreign tourists up to the end of April only stands at 1,337,310 visitors, down 1.41 percent from the 1,356,382 recorded in the same period last year.

The tourism ministry had targeted six million visitors from abroad for this year. Last year, 5.3 million foreign tourists traveled to the archipelago, generating some US$5.3 billion in foreign exchange.

Indonesia's tourism sector has been in the doldrums since the Bali terrorist bombings in 2002, and the bombing of the JW Marriott Hotel and the Australian Embassy in Jakarta in recent years.

At the same time, a series of SARS and bird flu epidemics in the region, as well as the recent Asian tsunami disaster late last year, only made things worse.

The problem has been exacerbated by the new visa regime, which requires tourists from many countries to obtain visas in their home countries before traveling to Indonesia. The permitted length of stay in Indonesia has also been reduced.

Nevertheless, tourism associations are still upbeat about Indonesia's tourism potential, saying the sector is on a recovery track and that Bali will be able to attract tourists diverting from neighboring countries affected by the disaster.

Indeed, the BPS reported that the resort island of Bali continued to be the archipelago's main tourist magnet, recording a slight increase in the number of visitors to 122,339 in April from 121,457 in March.

Tourist arrivals in North Sulawesi's Manado are also continuing to increase, with a 24.42 percent rise in foreign tourist arrivals in April. The province, popular for offshore snorkeling at the Bunaken islands, saw 1,353 visitors last month, up from 1,089 people in March.

All other main destinations in the country, including the capital Jakarta and the investment island Batam, saw a decline in their foreign visitors.

Similarly, both the average length of stays by foreign tourists and the occupancy rate in star-rated hotels in the country recorded declines.

The average length of stay of foreigner tourists in star-rated hotels in 10 tourist destinations throughout the country dropped to 2.05 days in March, as compared to 1.95 days in the same period the previous month. The hotel occupancy rate, meanwhile, fell to an average of 44.51 percent, from 46.48 percent in February.

Armed forces/defense

Commentary: Tough job to wind up armed forces inc

Straits Times - June 4, 2005

John McBeth, Jakarta -- If anyone should be upset about serving military officers taking part in this year's direct local elections, it should be civilian Defence Minister Juwono Sudarsono.

But the academically trained minister, mindful of striking a balance between reform and pragmatism, takes a sanguine view. 'Many of the political parties are actively trying to recruit officers because there is a dearth of leadership,' he says. 'I don't mind; it's a fact of life.'

Only a handful of servicemen have signed up so far anyway. They are taking advantage of a legislative anomaly in which the Armed Forces Law, which forbids the military from being involved in politics, is effectively trumped by subsequent legislation on regional governments that doesn't expressly bar them from standing as party candidates for governors, district chiefs and mayors.

If they are elected, they must leave the service. If not, they can resume their duties, though probably not in the same positions they occupied before they entered the election. The reason they are running at all is no secret to Dr Juwono. Most of the big political parties, he points out, aren't doing a good enough job building a nationwide network of capable cadres that will generate new leaders.

Reputation prevails

As it is, with civil competence still an issue after eight years of democratisation, the military's territorial structure remains as pervasive as ever. 'My view is that it was necessary through the 1970s and 1980s and is still necessary today,' he says. 'In real terms, effective government is being done by the army.'

Indeed, public opinion surveys have all shown that rural Indonesians prefer it to be retained at the provincial and district level.

For all its flaws, Western mining companies, for example, would far sooner deal with the military than the police. 'You strike a deal with the army and they stick to it,' says one former security manager. 'With the police, you never know where you stand.'

Although the 200,000-strong police force has gained in confidence since separating from the military command structure in 1999, it has still to evolve into a competent, civilian-friendly organisation.

There is no question that Indonesia has gone a long way towards getting the military out of politics. But turning it into a professional force is going to take a lot more than that, which is why Dr Juwono is focusing on a provision in last October's Armed Forces Law that lays out a five-year timeframe for the abolition of military-related businesses. Under the rationalisation process, the minister anticipates the handful of viable surviving enterprises will be corporatised and placed in a holding company.

Dr Juwono's main mission is to ensure that the profits from the company go to the welfare of rank-and-file soldiers. Up to now, an estimated 70 per cent of the money from military businesses has disappeared into the pockets of high-ranking officers.

Armed forces chief of staff Endriartono Sutarto, now close to retirement, actually wants to speed up the process, cutting the deadline from five to two years. But Dr Juwono believes he is in the minority and that there will be resistance from a new generation of officers waiting for their turn at the trough.

At its peak, the military controlled up to 350 businesses, but about two-thirds of them collapsed at the time of the 1997 Asian financial crisis.

Dr Sukardi Rinakit, author of the newly published The Indonesian Military After The New Order, says that with new investment drying up, the decline mostly stemmed from the imposition of compulsory open tenders and an end to the preferential treatment the military enjoyed in the past in bidding for government projects.

State Enterprises Minister Sugiharto says only those companies with a proper balance sheet and readily identifiable revenue and expenditure streams will be given an official government designation.

On a legal basis alone, many of the enterprises won't pass the test because they were established privately outside the jurisdiction of the army, navy or air force. If they don't meet the criteria, then Dr Juwono says they will either have to be sold or disbanded. Officials don't expect more than 20 businesses will make the grade, with their expected annual income of US$200 million being channelled directly into the Defence Ministry budget.

But even then, they are concerned about the many enterprises where the military is only a minority stakeholder. That will make the valuation process difficult and complicate plans to list the holding company. 'These are very early days,' says one ministerial adviser. 'We will have to take a cautious approach.'

Dr Juwono is also well aware of the fact that legal businesses make up only 30 per cent of the military's off-budget income. The rest comes from illicit activities, including protection rackets, illegal logging, drug smuggling, gambling and prostitution.

'I have to confess I have no immediate remedy,' he says. 'The basic issue is that market forces, both official and illicit, are too powerful to be controlled by the guiding hand of the state. If you look at illegal logging, what can I do about captains and majors in Kalimantan or Papua on an official salary of 800,000 rupiah (S$140) who can be tempted with a five billion rupiah bribe just for one haul?'

Dr Juwono believes it won't be until October that he will have a clear picture of Armed Forces Inc. By then, he will be looking to President Susilo Bambang Yudhoyono to issue a decree laying out a road map for the planned changes.

'The President is serious about it,' he says, 'but he also understands it won't be easy, which is partly why he asked me to do it.' If the minister is sensitive to the need to move cautiously, he also realises that the only way to get the military out of business completely is to triple the US $2.4 billion defence budget.

But that depends on the broader issue of Indonesia's economic recovery.

Police/law enforcement

Militaristic culture of police must be abandoned

Kompas - June 6, 2005

Jakarta -- Deputy police chief General Commissioner Adang Daradjatun has acknowledged that it may take 15-25 years for the Indonesian police to be able overcome its culture of violence and this depends on developing factors which support and impede the process. Nevertheless, this cannot become an obstacle to the independence of the police.

Daradjatun was responding to the results of research conducted by the Indonesian Human Rights Monitor (Imparsial) which were made public on Saturday June 4. The research revealed that the separation of the police from the TNI(1) (armed forces) is one of the dominant factors in violence committed by police against the public (Kompas, 4/6).

"The police will only be able to overcome the problem of brutality and the culture of violence within the institution after 15-25 years. This depends on factors that support and impede the process, which are developing within the police force itself. But this cannot become a reason to impede the independence of police", said Daradjatun at his house in Cipete Raya South Jakarta on Sunday.

Titled "A Criticism of the Brutal Practices by Police During the Period of Transition", Imparsial's research found the factors causing police brutality include an erroneous educational doctrine and a militaristic culture left over from the past.

Daradjatun disagreed with this conclusion. According to Daradjatun, since 1999 the police's doctrine has changed from the doctrine of Tribarata and Catur Prasetya which were put in place in 1946. "Compare the contents of Tribarata and Catur Prasetya 1946 and after 1999. [The mandate of] serving the state has became one of serving the public and law. Isn't it clear that there has been a change in the [police's] paradigm?" said the former head of the Police Reform Team.

Daradjatun admitted there is a still a militaristic culture left over from the past. "But we believe that within a short time the Indonesian police will be able to overcome this problem because the police's external environment has already changed significantly, including the increasing strength of the People's Representative Assembly's (DPR) control over the police", he said.

With regard to the issue on the Mobile Brigade (Brimob), Daradjatun said "If [you] view Brimob as a strike unit, this is inaccurate. [More] accurately [they are a] backup unit. Brimob takes action after there has been an assessment that a conflict has escalated to a dangerous level".

Must be abandoned

Responding to the results of Imparsial's research, the executive director of the private think tank Propatria, T Hari Prihatono, and a researcher from the Research Institute for Democracy and Peace (the Ridep Institute), Moch Nurhasim, said on Saturday that aside from legislative problems one of the basic issues is getting rid of the police's militaristic culture in order to build a real civilian police force.

One of the reasons for the persistence of a strong militaristic culture within the police they said, is Brimob, which is armed like the military. It is time therefore for Brimob's role to be reevaluated to see whether or not its powers should be reduced or it be separated from the police.

Hari Prihatono, who together with Propatria has made a study of the reform of the security forces (including the police), believes that it is essential to clean up legislation such as amendments to MPR Decree VI and VII 2000 as well as Law Number 2/2002 on the Indonesian Police in order to limit the police's duties, functions and powers.

"In relation to this, is it enough for a MPR decree and the law on the police to authorise to the police to carry lethal arms? Who controls this power? Government policy on the police must come out of the department which deals with domestic security polices", he said.

Prihatono said however that what is more important is cleaning up the doctrine, culture and behaviour of police officers along fixing the curriculum for police recruit training. (BUR/WIN)

Notes:

1. For years, the police were part of the TNI and were subordinate to the military. The police separated from the TNI after the enactment of Law Number 2/2002 on Indonesian Police affairs. Under the law, a police commander who is directly accountable to the president heads the police.

[Translated by James Balowski.]

Boarder & security issues

'Intel inside': Fear or security provider?

Jakarta Post - June 3, 2005

Kornelius Purba -- Why is Indonesia so similar to a personal computer? Because most PCs have Intel Inside, and there is rarely a place in Indonesia that has not been infiltrated by the intelligence network inside.

Cynics, who do not have sense of nationalism or patriotism, often -- irresponsibly -- cite anecdotes to make jokes about the quality of Indonesian intelligence. They call it Intel Melayu (Malay intelligence agent, cowboy agent). Contrary to the normal secretive requirement for an agent, this Malay agent always has his revolver visible on his waist band so everyone knows he has a gun.

"This is a state secret. I'm only leaking it to you, don't tell anyone else," that is his trademark statement to his friends. Of course state secrets then become public knowledge.

During Soeharto's era, military, especially Army, intelligence networks reached at the lowest formal hierarchy in the society, down to the neighborhood units (RT) in the most remote areas in the country. Indonesia was a state of intelligence at that time. The main purpose was to ensure that Soeharto could sleep well knowing of any attempts -- even the very, very small ones -- to disturb his power. There was no real espionage, in the normal sense, the agents often worked so openly that nearly everybody knew they were around to monitor the citizens' activities on a 24-hour basis.

That is why Soeharto was so generous to the Army but had little interest in developing the Air Force and the Navy because the biggest threat for his power did not come from outside but from his own people. Soeharto loved to get "happy news" from his intelligence officers, although the impact was often politically fatal for him. Just a few weeks before his collapse in May 1998, they told him that most people still loved him very much and could not live without him.

Soeharto's successor, B.J. Habibie also received intelligence reports that Indonesia would easily win the independence referendum in August 1999 in East Timor. More than 78 percent of the voters however said, "enough is enough for Indonesia."

As evidenced by the kidnappings and disappearances of anti- Soeharto activists not long before his fall -- allegedly by an elite unit of the Army -- the country's best trained soldiers also had to work for the mission to eliminate anyone who was against Soeharto. Human rights activist Munir outspokenly demanded that the government release the missing victims and put the offending officers on trial.

The result? He was poisoned during a Garuda flight from Jakarta to Amsterdam via Singapore last year. A government-sanctioned fact-finding team strongly suspects the involvement of National Intelligence Agency (BIN) in the poisoning. BIN's former chief, Hendropriyono denied the allegations. So who then poisoned Munir? It is possible that the retired Army general did not know that some of his officers had abused their power.

The trial of Brig. Gen. (ret) Zyaeri in a Jakarta court for counterfeiting showed how easy is for BIN officials to manipulate their authority to enrich themselves. According to Zyaeri's testimony in the court on Wednesday, the retired police officer printed fake money at the BIN office although his boss only ordered him to make an intelligence study on fake money.

Despite reforms and progress in enforcing democracy, the mindset of the country's intelligence agencies apparently still have not changed significantly and also their massive presence in the society. People hope that intelligence agencies will boost the sense of security and safety in society. But the poisoning of Munir showed it was still more effective in spreading fear instead. When will we be able to say we are proud of our intelligence ability? When will we be able to say,"We can live without the press but not without intelligence," because the agency is so vital in ensuring our prosperity and security.

Now, why is it so difficult to arrest suspected Malaysian terrorists Azahari and Nurdin Top? Is it because these two Malay criminals are smarter than our Malay agents? Of course these two terrorists operate with computer technology: Intel inside.

Foreign affairs

The hypocrisy of an imperialist down under

Jakarta Post - June 4, 2005

Max Lane, Murdoch WA, Australia -- Since soon after the arrest of Schapelle Corby in Bali sections of the Australian media have waged a non-stop campaign agitating for her to be found innocent in her trial in Bali while at the same time launching persistent attacks against the Indonesian prosecutors, judges, police, prison system and legal system as a whole.

Much of this campaign has been based on lies and exaggeration fueled by racism. Probably the most outstanding example of the tone of this agitation was the front page headlines in one issue of the Sydney Daily Telegraph which screamed in huge letters: Kill her. This was supposed to be summing up the intentions of the Indonesian prosecution.

Of course, no Indonesian prosecutor ever called for the death penalty. Indeed, as The Jakarta Post editorial recently stated, no person, Indonesian or foreign, charged with any marijuana offense has ever been sentenced to death. The depth of deception in this front page headline is mindboggling.

The whole of this agitation rests on layer upon layer of hypocrisy.

Perhaps a central plank in the attack on the Indonesian system has been the criticism of the judges: Their record of never having found anybody innocent; their heartless statements about being "able to sleep well" after the sentencing; their seemingly being unmoved by Schapelle Corby's personal appeal in the court.

Of course, it is true that the Indonesian judiciary is a product of the last 33 years of the military backed dictatorship of Soeharto. During this period, the judiciary did not function as an independent institution but was rather an extension of the repressive state, an arm of the prosecution. At the same time, it became ridden with corruption.

Although Soeharto was overthrown by the student led peoples power movement of 1998, this culture remains strong in the judiciary. There are many Indonesian organizations and individuals, activists, lawyers and journalists, who have been fighting what they refer to as the mafia pengadilan (court mafia). There is no doubt that life in Indonesian prisons can be very harsh. Attitudes from the dictatorship period still linger. Corruption, which reduces funds available for prison food and amenities, still exists. But the fundamental cause of these conditions, except in the directly military ruled areas like Aceh, is the impoverishment of the country as a whole.

Where does this huge income gap come from if not being a legacy of hundreds of years of colonialism, re-enforced by a neo- colonial economy consolidated under the dictatorship of the pro- West Soeharto. Indonesia had no industry, no technologically advanced agriculture, no higher education system, no scientific research capacity and no modern health system when the colonial Dutch ended their rule in 1942. Under Soeharto, despite more praised heaped on his government for economic progress, Indonesia remains a backward, impoverished economy incapable of sustaining a decent quality of life in town and village, let alone in prisons.

Today, Indonesia's economy is worsening as it implements the West's neo-liberal economic prescriptions. Factories close; sectors of agriculture shrink; trafficking in women expands; numbers of migrant workers becoming virtual slaves overseas increases; student numbers in the better universities decline because of costs. The Australian government, through its membership of the International Monetary Fund and other agencies, help enforce these policies.

At least, however, the mean spirit of neo-liberalism has not stopped Indonesian prison managers from allowing friends and family to visit prisoners frequently and to bring in food, drink and even mobile phones. It was reported in one Sydney Morning Herald article that in the prison where Corby is held prisoners can have almost unlimited visits from friends and family during the day time. Compare this with trade union activist, Craig Johnston, imprisoned in Melbourne, allowed only very rationed visits of short duration a couple of times a week.

The worse type of ill treatment that can occur in a prison is, of course, deaths in custody. I would be interested to a see comparing the rates of deaths in custody in Australian prisons and those in the civilian run sections of the Indonesian prison system, especially since the fall of Soeharto. Such a comparison may point to another aspect of the hypocrisy of the current anti-Indonesian agitation.

This hypocrisy is a reprehensible part of the Australian elite's racist, imperial mentality. But it is also something that can poison attempts to build good relations and solidarity between the working people of Australia and Indonesia, although little is being done to actually build those relationships at the moment. Even active links between trade unions and progressive political groups are weak. Moreover, the very economic imbalance between the two countries can also poison relationships at the grass- roots level, if there are not conscious efforts to build solidarity.

Guilty or innocent, there can be little doubt that Corby has suffered an injustice. Nobody should be in goal for 20 years for any marijuana related activity, and probably marijuana should in fact be a legally available substance. But the anti-Indonesia agitation of the last few weeks was never really about helping Corby. It was more about deepening fear among Australians of the non-Western world, that part of the globe now sinking deeper into poverty under the West's neo-colonial economic (and military) offensives.

Only real solidarity with Indonesians fighting this poverty and its causes -- namely, the neo-liberal and neo-colonial economics pressed upon Indonesia by the West -- can prevent the spread of the poison among both Australians and Indonesians that imperial hypocrisy can cause.

[The writer is a Research Fellow of the Asia Research Centre at Murdoch University.]

Indonesian trial for Australia

Asia Times - June 4, 2005

Alan Boyd, Sydney -- "Twelve brutal Indonesian troopers armed with high-caliber rifles. Schapelle Corby, 27, an innocent and defenseless girl from Queensland, Australia, shackled to a pole. This is Indonesia's concept of a 'justice' system. Evil triumphs when good people do nothing. Don't shoot Corby!"

Days after this shrill appeal appeared on a website last month, 60,000 people had signed a petition seeking clemency for the young beauty student, who has become a perplexing symbol of the vexed relationship between Australia and its closest Asian neighbor, Indonesia.

"Be as disruptive as possible without hurting anyone," advises the website, outlining a plan of action that ranges from mass protests outside Indonesian consulates to boycotting firms that do business in that country and canceling holidays to Bali, the beach resort where Corby was caught in October with 4.1 kilograms of marijuana.

The noise levels have risen steadily since she was sentenced last week to 20 years in jail. Travel agencies have reported a holiday backlash. Charity drives for aid to tsunami-struck Indonesia are coming up short because donors no longer want their hard-earned cash going to that country. On Tuesday, someone sent a suspicious white powder, thought to contain toxic spores, to Jakarta's embassy in Canberra, forcing its evacuation. Another packet of powder arrived on Friday at the office of Foreign Minister Alexander Downer.

There are scores of largely anonymous Australians awaiting trial on drug offences in Asian jails, including 11 more in Bali and two on death row in Singapore. On Wednesday, a Sydney man of Vietnamese origin was given the same sentence as Corby in Vietnam for sending heroin back home through the post; the story barely made the evening news.

So why the obsession with Corby?

She is young, beautiful and charismatic. Her cell is dark, foul- smelling and overcrowded, a forbidding place in a land that few Australians understand. The language swirling around her is impenetrable, the judiciary difficult to comprehend. For many it is a simple case of good against evil, of supporting the underdog, the innocent victim of a corrupt and untrustworthy system. It's black and white.

And there is the crunch. Are Australians, with a predominantly European heritage and Western outlook, letting their latent fear of being swamped by populous Asia rule their emotions over what should have been a routine court verdict?

Opinion polls suggest that the main issue is not Corby's guilt but her perceived inability to get a fair trial in a country that is still associated, in the minds of many Australians, with the excesses of the Suharto era, human-rights abuses in East Timor and West Papua, crooked police and banana-state politics.

One survey, conducted over two days by a radio station in Corby's home state of Queensland, found that almost half of the respondents believed the court verdict was an injustice; yet less than a quarter were convinced of her innocence and believed she should be freed.

The credibility gap with the legal proceedings began to emerge during the media frenzy that accompanied Corby's initial arrest, when Australia's lively tabloids gained unusually open access to the evidence that was being assembled against her -- a point that itself tends to undermine allegations of a conspiracy to have her convicted.

It was revealed that the package containing the marijuana, hidden inside a boogie board bag that she admitted owning, had not been finger-printed, a move that might have supported the defense's contention that the drugs had been planted -- probably by baggage handlers who were part of a smuggling syndicate -- while she was in transit from the Gold Coast.

Later, the panel of three judges refused to accept testimony from several defense witnesses who claimed to have knowledge of the smuggling ring, which the Australian police have since acknowledged has been under investigation for more than 12 months.

Newspapers were quick to seize on rumors that bribes had been offered to influence the trial's outcome. Although these were never substantiated, the lonely ordeal of a young woman away from home, in essence, a human interest story that should quickly have faded from the public consciousness, was transformed into a tale of Third World oppression.

After she was sentenced, comparisons were made with the light penalties handed out to the perpetrators of the Bali bombings, which killed more than 80 Australians. And some elements of the media alluded to a betrayal of trust by Indonesia after Australia's magnanimous gesture in donating more than A$1 billion (US$756 million) to help the victims of the December 26 tsunami in Aceh.

There were emotive headlines such as "Nation's Fury", "Alone and Afraid", "Indonesia Must Look At Grotesque Anomalies", "Horrors Await in Jail Hellhole" and "Share of Hell in Grotty Jail". When prosecutors announced they would appeal for a tougher sentence -- the maximum term is execution -- things began to turn nasty. "Day of Outrage to Show Our Disgust", screamed one banner. Another called for a "Day of Hate", and a third, demanding a business boycott of Indonesia, trumpheted: "Let's Hurt Bali In The pocket".

Away from the hysterics, it has been accepted by diplomats and lawyers familiar with the Indonesian legal system, both in Australia and Indonesia, that Corby did get a fair trial, even though it followed a pattern that would have been unfamiliar to most Australians.

Unlike Australia's British tradition of common law, the Indonesian judiciary uses a civil law inherited from former colonial ruler Holland, with its roots in French and German legal statutes, that does not use a jury system and encourages a more active involvement by judges in proceedings.

According to Associate Professor Tim Lindsey, director of the Asian Law Center at the University of Melbourne, civil law systems are regarded as "inquisitorial" in nature, while common law is "adversarial", a distinction that may have confused observers of the Corby case.

"This means that in common law systems the judge acts as an impartial referee while the parties present their witnesses in an attempt to convince a jury or, in most cases, the judge," said Lindsey. "The judge generally does not ask questions of witnesses and is usually active only in enforcing the rules of evidence and procedure.

"In an inquisitorial system, however, the judges conduct an enquiry into the truth of what occurred -- that is, the facts behind the legal issues in dispute. In some civil law systems, the judges may even dominate the hearing to such an extent that lawyers are left with few questions to ask at all," he said.

Hence, the judges in the Corby case were able to make rulings on the admission of evidence that probably could not have occurred in an Australian court. They were empowered to decide which witnesses would be called, and could even call for outside testimony that had not been requested by either side.

There is little doubt that the Indonesian judiciary has an image problem: it was rated the most corrupt of 12 Asian countries in a survey of expatriate businessmen released by the Hong Kong-based Political and Economic Risk Consultancy just as the trial was concluding.

But most Indonesian corruption occurs in commercial rather than criminal cases, and has more to do with the business mentality of gaining an advantage in markets or contracts than any widespread effort to influence judgments.

Yet, even with the different judicial approach, it is unlikely the outcome would have been fundamentally different if the trial had been held in Australia. The bag containing the marijuana might have been fingerprinted, but the result would hardly have been conclusive: any self-respecting smuggler knows the value of using gloves.

Criminal lawyers have said that no Australian court would have agreed to admit evidence on hearsay regarding the alleged airport baggage handlers syndicate. The chief defense witness was a convicted rapist who overheard a conversation between two fellow inmates while in a remand cell.

In any case, police have said the smuggling ring was dealing in heroin, not marijuana, which has long been considered too bulky to move in large shipments. (Heroin, which can easily be diluted, brings far greater rewards for a fraction of the quantity.)

As with any trial of this nature, Corby's prospects of avoiding a conviction rested on her ability to distance herself from the boogie board bag and its contents; she was unable to do so. The police account of her arrest even has Corby confessing at one point to having brought in the marijuana for her own use, though she later denied having made such an admission.

None of this is likely to assuage the outpouring of anger among her supporters as the judiciary meets again to consider Corby's appeal against her sentence, or weaken the resolve of the Indonesian police, who believe it was too lenient. If their appeal is successful, Corby could face a life term, or even be executed.

On the protest agenda are a national campaign to coincide with Corby's birthday next month and a more vigorous assault on business and tourism links, including a publicity blitz to encourage the 300,000 Australians who travel to Bali each year to stay home.

Bookings for Bali have already fallen by 20% since the trial build-up began, according to trade magazines. While many expect this to be only a temporary trend, the drawn-out nature of the appeals process means relations between the two countries will not settle down for months, possibly even years.

Ironically, the Australian government is currently providing funding for the retraining of Indonesian judges as part of a program of "democratizing" the judicial system that is intended to make it more accountable and independent, a process it is keen to see continued.

Canberra might also want to devote some resources to making its own countrymen more aware of the big archipelago that lies just to the north, before a catalogue of misconceptions and media intrigue becomes a real diplomatic albatross.

An opinion survey published by the respected Lowy Institute earlier this year found a level of alienation between Australians and Indonesians that is extraordinary for two neighbors with so many shared security and economic interests.

Asked to rate how they felt about various countries within Asia and in other regions, only 52% of respondents said they felt positive toward Indonesia, and 42% were negative. They ranked Indonesia just above a host of unstable Middle East nations, including Iraq and Iran, which suggests it may not be just one person who is on trial in this case.

Australia and Indonesia, partners in mistrust

Melbourne Age - June 3, 2005

Scott Burchill -- From an Australian perspective there have always been two separate relationships with Indonesia. The first, between the political elites in Canberra and Jakarta, has been warm and stable since Soeharto's rise to power, with only a couple of exceptions. The second, Australian popular opinion towards Indonesian governments and their armed forces, has been much more volatile.

Whether hosing down outrage over massacres in East Timor or assuaging community anger at the Corby verdict, the primary challenge for Australian governments has been to quell domestic concern about endemic corruption and violence in Indonesian politics.

Jolted by public outrage at Indonesian state terrorism in East Timor following the September 1999 independence ballot, the Howard Government reluctantly intervened to liberate the territory, aware of the consequent damage to the bilateral relationship but unwilling to defy community sentiment.

For a while political relations deteriorated. The exploitation of events for domestic electoral advantage (Tampa and the "boat people"), bravado (failing to correct a journalist's "deputy sheriff" phrase) and clumsy diplomacy (the policy of pre- emption), coupled with an uninterested Indonesian president, prevented a normalisation of government-to-government links.

In Australia this state of affairs was deeply troubling to those who place a premium on stability and good relations with Jakarta at all costs.

The Indonesian military (TNI) has always been seen by the Jakarta lobby as the best guarantor of social and political control of the Indonesian population. Australia's de jure recognition of Indonesia's incorporation of Portuguese Timor in 1985, the Timor Gap Treaty in 1989, and the 1995 agreement on security signed by the Keating government and the Soeharto regime, were the high watermarks of the lobby's influence.

Rehabilitating the reputation of a military force guilty of crimes against humanity -- particularly during a so-called "war against terror" -- has not been easy for those who want to restore formal ties between TNI (including the notoriously brutal Kopassus) and the Australian Defence Force.

Until recently, the lobby has been furious with the Howard Government for pandering to public concern.

However, in the past three years the tide has turned. Opportunity (co-operation between the AFP and Indonesian police investigating the Bali bombings), happenstance (replacement of Megawati Soekarnoputri with the more technocratic Susilo Bambang Yudhoyono), expressions of goodwill (tsunami aid) and sacrifice (deaths of defence force humanitarian personnel on Nias) have repaired much of the damage done to the political relationship over East Timor.

The Indonesian President visited Australia and agreed to sponsor Australia's participation at a regional summit to be held in Malaysia later in the year. And in regular ritualised pledges, the Howard Government has expressed greater support for Indonesia's territorial integrity than is evident among those who actually live in the republic's western (Aceh) and eastern (Papua) provinces.

As with East Timor six years ago, the Howard Government's response to the Corby case is driven by popular pressure. On the one hand the Government instructs the population that intervention in the judicial affairs of another country is inappropriate while on the other it goes to extraordinary lengths to do precisely that.

A letter to the court about an investigation into Qantas baggage handlers, the facilitation of a remand prisoner as a witness for the defence, suggestions of a one-off prisoner exchange agreement with Jakarta, the visit of the Australian Justice Minister to lobby against the death penalty, and the offer of QCs for the appeal process are extraordinary interventions by any measure. Only a fear of the public can explain these actions.

The Indonesian Government must be as bemused by Canberra's attention to this case as many Australians are. Contrasting attitudes in Australia to sentences for the Bali bombers Amrozi, Muhklas and Imam Samudra, as well as the case of radical cleric Abu Bakar Bashir, must look hypocritical at best and, at worst, racist.

And how must the people of East Timor feel? An Australian gets 20 years for importing marijuana, while those who orchestrated and committed mass murder in East Timor in 1999 are either not even prosecuted or receive no punishment for their crimes.

Real or simulated, the biological attack on the Indonesian embassy is yet another challenge for the political elites in both countries. For Jakarta, it is an early taste of the unpredictable power of public opinion in liberal democracies. For Canberra, it is a reminder of the gap that has again widened between the political elite and a public that stubbornly refuses to conform to a cosy agenda it has always felt deeply suspicious about.

[Dr Scott Burchill is senior lecturer in international relations at Deakin University.]

Bio-attack on Indonesia embassy clouds ties

Agence France Presse - June 2, 2005

A biological attack on Indonesia's embassy in Canberra has damaged Australia's standing among Indonesians, Prime Minister John Howard said, but he downplayed the threat it posed to the countries' attempts to rebuild their often fraught ties.

Officials said 46 staff at the embassy were released from isolation late Wednesday, 12 hours after a letter containing a biological agent arrived at the mission addressed to Ambassador Imron Cotan.

The package contained a powder identified as part of the bacillus bacterial family, which ranges from anthrax to relatively harmless germs, but police said it is not believed to be dangerous.

"It looks very unlikely that the substance contains any bacteria of any pathological significance," Canberra's police chief, John Davies, told reporters.

The package also held a note in the Indonesian language Bahasa which Howard said linked the attack to public anger over the jailing by an Indonesian court last week of a 27-year-old Australian woman on drug trafficking charges.

The Australian newspaper said the note was a "race hate message" and an "anti-Indonesian rant" but Howard declined to provide any details of its contents.

The embassy remained closed Thursday while government scientists tried to identify the germ involved, a process officials said could take up to two days.

Bio-terror expert Professor Lindsay Grayson told the ABC the bacteria was unlikely to be dangerous and was probably a commonly available bacillus strain.

Howard said Australia's first "biological attack" was probably a reprisal for the 20-year jail term handed down against Schapelle Corby, a student beautician arrested when she arrived on the resort island of Bali in October with 4.1 kilograms of marijuana stashed in her luggage.

Corby pleaded innocent, insisting the drugs were planted in her bags, and opinion polls show most Australians believe her and think her case had been mishandled by Indonesian courts.

Howard on Thursday declined to be drawn on the specific motives for the attack, saying he did not want to comment on an ongoing police investigation.

"I describe it very deliberately as a reckless criminal act, even if the substance turns out to be completely benign, it's still a criminal act -- the disruption it causes, the fear, the disturbance, the damage it does to our relationship with Indonesia, all of those things warrant the description," he said.

But Howard, who in April hosted Indonesian President Susilo Bambang Yudhoyono on a landmark visit heralding a new era of warmer bilateral relations, said it was unlikely the incident would torpedo the rapprochement.

"I think it's important that we don't throw up our arms in horror and say the relationship is destroyed," Howard said on commercial radio.

"Things like this happen." Howard compared the embassy incident to the "infinitely worse" bombing by Islamic militants in 2002 of a Bali nightclub strip that killed 202 people, 88 of them Australian tourists.

He said that attack "wasn't an expression of the attitude of the Balinese people. The Balinese people in fact retained the affection of visiting Australians." Howard's government has sought strenuously to improve ties with Jakarta which were battered when Australia supported East Timor's drive for independence from Indonesia in the late 1990s.

The two governments have notably cooperated closely in anti- terrorism efforts following the Bali bombing.

Australia then led international aid efforts for Indonesia after the December 26 earthquake and tsunami disaster that left more than 128,000 Indonesians dead or missing.

Foreign Minister Alexander Downer, who spoke with his Indonesian counterpart, Hassan Wirajuda, after the biological attack, said the Indonesians were "pretty upset at the abuse directed at Indonesia over one particular court case."

"I'm worried that the consequence of the enormous amount of abuse that's been directed towards Indonesia from Australia will be reciprocated, even in the Indonesian parliament, but certainly in the broader Indonesian community and in the Indonesian media. I hope that doesn't happen," he said.

Attorney-General Philip Ruddock agreed that the "event does do great damage in the eyes of many Indonesian people to our relationship." "People will draw all sorts of conclusions and it has the potential to do our bilateral relationship all sorts of harm," he told Southern Cross Broadcasting.

Business & investment

2005 growth target revised up to 6% from 5.4%

Dow Jones - June 6, 2005

Jakarta -- The Indonesian government and the budget committee of the nation's Parliament Monday agreed on a set of new assumptions that will be used to base the current state budget.

Hafiz Zawawi, the deputy chairman of the committee, said in a press release that the they had agreed to revise up the economic growth target to 6% this year from the original target of 5.4%, and inflation to 7.5% from 5.5%.

The budget will assume an average dollar exchange rate of IDR9,300, compared with IDR8,600 earlier, Zawawi said. The dollar closed at IDR9,590 Monday. The assumption for the average rate of Bank Indonesia's three-month Sertifikat Bank Indonesia notes remains at 8%.

The revised budget will also assume an average Indonesian crude oil price of $45 a barrel, up from $24 originally. The crude oil and condensate output estimate is still pegged at 1.125 million barrels/day, he said.

He didn't say why the government and the parliament committee opted for these assumptions.

Many analysts had said earlier that the original assumptions of the current state budget, which were drafted last year by the previous government and Parliament, were unrealistic.

Indonesia fails to oil the pumps

Asia Times - June 4, 2005

Bill Guerin, Jakarta -- Indonesia, the fourth-most populous country in the world, has been a net oil importer since 2004. After years of exploitation, crude oil output has steadily declined to current production levels of around 1 million barrels per day (bpd) and the country is currently unable to meet its OPEC (Organization of Petroleum Exporting Countries) output quota of 1.425 million bpd.

Oil and gas brought in US$11.8 billion in 2004, accounting for 26% of total export earnings. This was up 15% on 2003 figures mainly because of soaring global oil prices. On the other hand, imports of oil and gas have grown substantially. Indonesia imports some 400,000 bpd of fuel to meet domestic demand. This sustained boom in oil consumption coupled with a lack of new exploration and dwindling reserves has left the government with little option but to intensify exploration and press ahead with viable alternative energy policies designed to encourage switching to gas and coal.

While domestic demand for oil is increasing by around 7% every year, more than three quarters of the country's oil production is pumped from depleting resources that are decades old. The country's proven reserves are around 5 billion barrels. If annual production continues at around a million bpd, annual output is just over 350 million barrels, meaning the reserves have a lifespan of little more than 15 years. Problems besetting the oil sector include regulatory hurdles still to be addressed by the new administration, the decline in output due mainly to the natural fall off of the aging oilfields, and a lack of new investment in exploration. The Indonesian Petroleum Association says spending on new oil exploration last year amounted to a paltry $500 million at best, the lowest since 1981. Contradictory regulations have hampered new exploration in the oil and gas sector.

Incentives are being offered to multinationals such as Caltex, Medco, China National Offshore Oil Corp (CNOOC) and Unocal -- who own more than half the 50 aging oilfields nationwide, mostly in onshore areas, that produce between 5,000 and 7,000 barrels a day at best. Incentives have been granted to boost production in marginal oilfields and in these older fields. Minister of Energy and Mineral Resources Purnomo Yusgiantoro says such measures could help increase oil production by as much as 50,000 bpd and has pledged to boost oil output by a total of 300,000 bpd by 2008-2009.

The Cepu dispute

The resolution of a dispute over profit sharing and development of the country's biggest known untapped oil deposits, the Cepu field in Java, is reported to be imminent. The field holds an estimated 2 billion barrels of oil and 11 trillion cubic feet of gas, and could boost the country's current oil output by as much as 18%.

ExxonMobil Oil Indonesia has been at odds with state-owned oil and gas utility Pertamina over its rights to further develop the block. New oilfields require a production-sharing contract (PSC). The Ministry of Mines and Energy is to eventually take over Pertamina's function of awarding and supervising PSCs with foreign oil companies but in the case of the Cepu field, Pertamina has been calling the shots and demanding a bigger cut of the action in return for renewal of the necessary project license.

The two have been unable to reach an agreement, with Pertamina demanding half the field's output and ExxonMobil demanding that Pertamina cover half the field's production costs. In August 1990, Pertamina granted a 20-year concession to operate the Cepu oil block field to Humpuss Patragas (HPG), owned by Tommy Suharto, son of former president Suharto, in cooperation with Australian Ampolex, which owned a 49% stake in the field.

The contract, known as a Technical Assistance Contract (TAC), contained a clause forbidding it to be transferred to a foreign party. The deal was that HPG would get 35% of its production costs rebated after production. Pertamina and the contractor, HPG, would split the revenue from any excess oil produced over the agreed limits in the contract on a 65:35 basis.

Humpuss Patragas ran into severe debt and cash problems as the 1997-98 financial crisis took its toll, and was forced to sell its 51% holding in the Cepu block to restructure its debts with the Indonesian Bank Restructuring Agency (IBRA). ExxonMobil Oil Indonesia acquired a 100% stake in the Cepu oil block through its subsidiary, Mobil Cepu Ltd, by buying the stakes of both Humpuss and Ampolex. Production was planned to begin in 2003 and the contract scheduled to finish in 2010, only seven years later.

This contract gave ExxonMobil the right to 20% of any oil produced from Cepu. Exxon sought a 20-year extension of the right from the Megawati Sukarnoputri administration in 2003 but this was refused. Megawati's government last August changed the Pertamina board of directors. The new team promptly withdrew an offer by their predecessors for Exxon to give up its rights to two oilfields close to Cepu and hand over $85 million in exchange for the Cepu block extension. Pertamina's chief commissioner, Martiono Hadianto, was quoted as saying recently that several terms still needed to be negotiated, including the production revenue split, before a "final, win-win solution" is reached.

Pertamina: Pulling a rabbit out of the hat

There is an even more immediate problem facing the government -- that of securing the domestic fuel supply. The November 2001 Oil and Gas Law decreed that Pertamina's monopoly on upstream oil development (which required it to be included in all PSCs) would be phased out by the end of 2003. Pertamina's regulatory role was spun off to a new body, the Oil and Gas Upstream Regulatory Agency (BP Migas). Pertamina was to maintain its retail and distribution monopoly for petroleum products until July 2004. The government is still promising to open the sector to full competition although progress has been very slow to date. Almost four years after the law was passed, several regulations have still not been finalized. Pertamina is still, however, responsible for fuel distribution, on behalf of the government, until the end of this year, when it will have to compete with other companies. The 2005 state budget, which the Megawati administration drafted on an oil price assumption of $24 per barrel, set aside only Rp19 trillion (US$2 billion) in fuel subsidy funds for the whole year. But oil prices averaged about $50 a barrel from January to April.

The new government raised fuel prices by an average of 29% in March and at the same time proposed an oil price assumption of $35 per barrel in a budget revision that slashed the fuel subsidy allocation from Rp60.1 trillion to Rp39.7 trillion. The House of Representatives is deliberating the revised 2005 state budget. Coordinating Minister for the Economy Aburizal Bakrie has already ruled out the possibility of further fuel price hikes this year. The budget debate may take several weeks, but in the interim, Pertamina will only get around Rp3.3 trillion -- a third of its monthly oil import needs -- from government emergency reserve funds. This could leave Pertamina in a precarious situation and threaten the nation's fuel supplies. Energy and Mineral Resources Minister Yusgiantoro concedes that Pertamina has about Rp10 trillion in cash, roughly enough to cover fuel imports for a month. The company earns around Rp5.5 trillion in revenues from fuel sales each month but needs about $1 billion a month to pay for the imported fuel, even on the revised state budget assumption of oil prices at $36 per barrel.

Pertamina announced last month that it was in difficulties over payments for oil imports as certain banks had refused to issue letters of credit (LCs) needed to guarantee payments, because Pertamina still has outstanding debts to other banks to the tune of Rp9 trillion. Saudi Aramco and Kuwait Petroleum Corp have both reportedly refused to unload cargos of fuel without LCs.

A presidential decree stipulated that Pertamina would be able to collect almost 95% of the fuel subsidy cash by sending a monthly verification letter from the Ministry of Finance. The Supreme Audit Agency (BPK) would pay the remainder after an audit. Yet Purnomo has confirmed that subsidies due from January to March had not been disbursed and there were also "several months from last year for which the audit has not yet been completed".

Place in OPEC

Indonesia is the only Southeast Asian member of OPEC and the organization's second-smallest producer. Analysts predict consumption will moderate over the next five years, as the use of alternative energy kicks in because of continuing higher fuel prices, but the country may be a net oil importer until at least 2008. Yet its status in OPEC is not under threat. Although the OPEC statute states that only countries that export more than they import are eligible for membership in the organization, there is no time limit defining how long the net importer status may prevail before the country is no longer eligible to be an OPEC member. In OPEC's history, only two countries have withdrawn -- Ecuador and Gabon -- and these for reasons not related to a deficiency in export levels. Minister Yusgiantoro says the only important point is that Indonesia was a net exporter when it became a member. "Once you're inside, you continue to be a member. OPEC has no problem with that," he said recently. A team tasked with reviewing the OPEC membership rolls has recommended the government reduce Indonesia's status from member to "observer", thus releasing it from the obligation to pay $1 million a year in fees.

Looking ahead

Exxon officials have indicated that the 1,670-square-kilometer Cepu concession could be operational by 2006, if agreement with Pertamina is reached now. The field could sustain up to 180,000 barrels of oil a day as well as bring in more than $1 billion in annual tax revenue. Exxon's Banyu Urip field, also in Java, is also expected to come onstream in 2006, and reach its peak production capacity of 100,000 bpd soon after.

Australia's Santos Ltd operates the Jeruk block in Sampang off the coast of East Java. Chairman Stephen Gerlach told shareholders last week that potentially the most significant result of the company's 2004 exploration success rate of 44% was the Jeruk oil discovery in Sampang off the coast of East Java. Yet, even with new fields coming onstream, total oil production is not likely to rise markedly due to the continuing decline of the mature fields that account for 70% of production. Most of these are located onshore in central and western regions. Around half are in Central Sumatra, home to the big Duri and Minas oilfields, and the country's largest oil producing region. Other substantial fields are in offshore northwestern Java, East Kalimantan, and the Natuna Sea, all easily accessible.

The focus of new exploration will need to be on frontier regions, particularly in eastern Indonesia. These regions are much more remote and the terrain more difficult to explore, so the cost of exploration is thus substantially higher. Substantial incentives, reflected in the split of the production-sharing contract, are needed to encourage serious investment by major players.

Given the time lag between investment and the eventual production of oil -- it can take four to five years to commence operations -- the need for diversification and conservation of energy sources is paramount. The country has oil, gas, coal, and hydropower and the government has been encouraging domestic power plant operators to use more gas. Demand for electrical power is expected to grow by approximately 10% per year for the next 10 years. The majority of power generation is fueled by oil, but efforts are under way to shift generation to lower-cost coal and gas-powered facilities. The potential for greater usage of geothermal energy and hydropower is also being investigated.

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

Exports jump 31.12% in first four months

Jakarta Post - June 2, 2005

Zakki P. Hakim, Jakarta -- The robust demand for coal, ore, slag, ash and furniture have helped Indonesia's exports rise by 31.12 percent to US$26.63 billion for the first four months of 2005, from $20.31 billion in the same period last year.

The Central Statistic Agency (BPS) announced on Wednesday that the country's non-oil and gas exports rose to $20.74 billion, up more than a third from last year's $15.59 billion for the same period.

Coal exports, however, which had been the consistent major driver in the non-oil and gas exports since last year, declined in April from the month before, down by 36.55 percent to $235.1 million from $372.1 million in March.

On a year-on-year basis, however, coal exports remained on an upward trend, expanding almost 50 percent to $1.10 billion from January to April this year, compared to $750.4 million for the same period in 2004.

Looking forward, the agency predicted a continued strong demand for the commodity amid high international oil prices, which have revived calls for the use of cheaper alternative energy sources here.

Along with coal's consistent performance, exports also soared for the commodity group encompassing ore, slag and ash; by 200 percent to $1.01 billion during the first four months, from $347.9 million last year.

Furnitures exports, meanwhile, almost doubled to $785.7 million by April, compared to $450.1 million last year.

The European Union, Japan and the United States were the country's top-four export destinations for non-oil and gas products, valued at $3.36 billion, $3.13 billion and $3.06 billion, respectively.

Meanwhile, imports for the first four months, rose 33.85 percent to $18.41 billion from $13.75 billion last year. Non-oil and gas imports reached $13.22 billion by April, up from last year's $10.44 billion.

Indonesia's exports for last year reached an historic high of US$69.71 billion, up 11.49 percent from the year before and boosted by strong sales of non oil and gas commodities, including palm oil, electronics, clothing, coal and tin.

Non-oil and gas commodities last year expanded by almost 11 percent from 2003, valued at record high of $54.13 billion, and made up about 78 percent of national exports.

However, analysts say Indonesia still needs a stronger export performance to help push economic growth higher. In recent years, domestic consumption has accounted for the lion's share of the gross domestic product (GDP), at 70 percent, with exports and investment making up the rest.

Opinion & analysis

Observing Aceh

Jakarta Post Editorial - June 8, 2005

It is hard to get excited about suggested "breakthroughs" on resolving the conflict in Aceh. Promises have been broken and repeated initiatives have fallen by the wayside. The end result of years of political pledges and hundreds of hours of diplomatic speak, is that the suffering continues unabated.

Despite a couple failed attempts to make peace, there is, frankly, little political will on either side -- the government or separatist -- to come to an amicable resolution, which would allow the Acehnese to live in peace.

There are those inhumane among us who seem more interested in maintaining an atmosphere of antagonism in the province than a solution to the conflict. This a sad reality, which Indonesia cannot excuse.

This nation has been guilty of omission by permitting injustice toward its brothers and sisters in Aceh to continue. We -- the people of Indonesia -- have been accomplices to a reign of terror in Indonesia's westernmost province.

When the tsunami of Dec. 26 devastated the shores of Nanggroe Aceh Darussalam, a renewed mood of political cooperation briefly dawned on the nation. Friend and foe alike were of the same mind-set: everybody needed to unite to provide relief and to assist and rebuild the devastated province.

There was suddenly a climate conducive to a commencement of informal talks to bring about a respite in Aceh. Five months and four rounds of negotiations later, the distant roar of narrow- minded persons who call themselves "nationalists" are beginning to be heard once again.

They are leading a growing chorus of critics whose "manhood" is threatened by the fact that a "foreign" institution (the CMI in Finland) may yet be able to facilitate progress in peace talks between the government and Free Aceh Movement (GAM) representatives.

Lawmakers are already grumbling about the possibility of having foreign observers (from the EU) in Aceh to monitor whatever peace accords are eventually reached.

Do these Jakarta lawmakers not realize that after years of abuse, a lot of people in Aceh consider them more alien than real foreigners, who will arrive and show credible respect for the Acehnese?

Many arguments concerning domestic sovereignty may well be valid, and the "internationalization" of Aceh may unnecessarily "invite" foreign intervention into a domestic issue.

But Indonesia cannot summarily reject peaceful initiatives on Aceh after it has utterly failed to bring peace and prosperity to people in the province.

For all intents and purposes, successive Indonesian governments, because of their exploitation, patronizing behavior and habitual use of terror in the province, may have has lost any legitimacy to represent the interests of Aceh. Simply put "I'm sorry" no longer suffices. Empty promises are not a good enough reason for the Acehnese to believe that we care.

By scuttling potential peace in Aceh, just because a few Jakartans, who have not been to Aceh in years, do not want a few dozen foreign observers there is reckless behavior.

In jeopardizing peace, one also sabotages reconstruction efforts for those in dire need. How can Aceh fully engage in redevelopment if at any moment there is a likelihood of a gun battle? We support the resolution of the Aceh conflict within the framework of the unitary state of Indonesia. That should be the foremost option discussed on the negotiating table. But the final objective should be the welfare and well-being of the Acehnese.

If there is a cost to peace, then Indonesia should seriously consider bearing it. And if that entails having foreign observers on the ground, then it is a small price to pay.

If certain politicians are so "allergic" to the presence of foreigners in Aceh, Jakarta could, like it did during a previous failed cessation of hostilities agreement, invite the presence of observers from "friendly" neighbors deemed less threatening. The cooperation of Thailand and the Philippines, for example, could be sought for such a process.

Indonesia's national sovereignty is an important element in the negotiations for conflict resolution. Nevertheless, basic human rights -- the right to live in peace, free from fear and provision of basic welfare -- is an undisputable God-given entitlement. Ultimately, basic human rights precedes nationalist sovereignty.