LAKSAMANA.Net, December 19, 2003 11:58 PM
Officials Slam HRW Report on Aceh
Laksamana.Net - Senior government and military officials have strongly denied a
report by Human Rights Watch (HRW) alleging abuses by troops fighting separatist
rebels in Aceh province.
The 50-page report, 'Aceh Under Martial Law: Inside the Secret War', accuses the
military of pursuing a campaign of killings, "disappearances" and beatings of civilians.
Released on Thursday (18/12/03), the report documents alleged violations of human
rights and humanitarian law since the government imposed martial law in Aceh on
May 19 and launched a massive military offensive against the separatist Free Aceh
Movement (GAM).
Much of the information is based on testimony from more than 85 interviews with
Acehnese refugees in Malaysia, as international observers have effectively been
banned from entering Aceh over the past seven months.
The Foreign Affairs Ministry on late Thursday issued a press release rejecting the
report as "baseless" and claiming most of the Acehnese refugees in Malaysia had
arrived before the offensive against the GAM was launched.
It also denied there had been any reports on a new wave of refugees from Aceh to
Malaysia.
The ministry further claimed that GAM rebels had dispersed and disguised
themselves as civilians. "When there is an armed confrontation and these armed
people get killed, it does not fall into the terms of extrajudicial nor summary killings,"
said the statement.
Coordinating Minister for Political and Security Affairs Susilo Bambang Yudhoyono
also expressed grave doubt over the credibility of the HRW report. "I respect HRW,
but appeal that its tasks be conducted in a really fair way: use factual data as the
basis," he was quoted as saying on Friday by detikcom online news portal.
Speaking to reporters at the presidential palace, he said the data in the report was
either invalid or exaggerated. "The various weaknesses of the military/police are
always raised [in the report] and it never completely or with detail expresses all of the
facts of the situation in Aceh."
Yudhoyono claimed Indonesia has great respect for human rights, adding the
government would take firm action against any military or police personnel who
commit abuses.
Indonesian Defense Forces (TNI) commander General Endriartono Sutarto also
questioned the veracity of the HRW report, pointing out that the organization's staff
had not visited in Aceh since the implementation of martial law.
"HRW has never been to Aceh. Its people have only been in Malaysia. They live there.
So how can we be sure that [the data in the report] is right?" he asked. He didn't
mention the fact that foreign human rights monitors are not allowed to enter Aceh.
Sutarto said his refutation of the HRW report doesn't mean that TNI automatically
rejects all data from outside Indonesia, but he emphasized that all "input" should be
based on facts in the field.
"If there's a person who doesn't like something and then talks about it, don't simply
consider such input is true," he said.
However, he said TNI would not be taking HRW to court for libel. "Let the people of
Aceh judge and convey the real conditions in Aceh," he said.
Sutarto stopped short of inviting HRW to Aceh to independently assess the situation
in the province where at least 1,500 people have been killed over the past seven
months.
He did not explain how "the people of Aceh" would be able to convey "the real
conditions", although state news agency Antara regularly issues reports claiming the
Acehnese people support the military offensive in the province.
Army chief General Ryamizard Ryacudu strongly denied the military had recruited
civilian militia groups to support the offensive against GAM.
He said TNI had merely supported the "reinvigoration" of the spirit of people desiring to
protect their territory and the nation.
"There are no militias. Our weapons are insufficient, so how could we be arming
others?" he asked.
"If the people's spirit of struggle is developed, that should happen. So it's not militias.
If they form militias later, why would they do that? It's just too hard. The US has made
militias in Iraq and there's no problem. But we, who haven't even formed militias, are
the ones taking the flack. That's just unbelievable," he added.
Sutarto said the only aim of the HRW report was to undermine TNI. "These kinds of
issues are only for weakening TNI. Because our country is big and strong, the military
must be weakened. Of course, the sponsors come from outside [the country]."
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Following is the complete text of the Foreign Affairs Ministry's press release issued in
response to the HRW report.
PRESS RELEASE
DIRECTORATE FOR INFORMATION & MEDIA - DEPARTMENT OF FOREIGN
AFFAIRS - INDONESIA
Jl. Pejambon No. 6 Jakarta Pusat 10110 tel. 021-381-3453, 344-1508 ext. 4015
http://www.dfa-deplu.go.id email: ditpen1@dfa-deplu.go.id
No. 072/PR/XII/2003
Comments on the Human Rights Watch Report on Aceh
Human Rights Watch, a New York based non-governmental organization, issued
today, 18 December 2003, a report entitled "Aceh Under Martial Law: Inside the
Secret War". In this regard, the Government of the Republic of Indonesia wishes to
state the following:
1. The report lacks credibility. It claims that it is based on "interviews conducted in
Malaysia with 85 individuals who fled Aceh because of the fighting; and that most of
them had arrived since martial law started and some had arrived only days or weeks
prior to being interviewed". This claim is baseless. Because most of the 232 (219 men
and 13 women) Indonesians from the Province of Aceh who have sought refuge in
Malaysia had arrived before the Combined Operation started on 19 May 2003. There
has not been any report on a new wave of refugees from Aceh to Malaysia. Moreover,
85 individuals clearly do not represent 4.1 million men, women, and children who are
living, day-in and day-out, in the Province of Aceh.
2. The title of the report is misleading. The armed conflict in Aceh is not a war, which
means an armed conflict between states. Free Aceh Movement (or GAM) is an armed
group, not a state. It is a counter insurgency measure, legitimately taken by a
sovereign state against an armed separatist group. And it is not a "secret" because
the Government had publicly announced the Combined Operation on 19 May 2003
before it was launched. Indonesia is simply restoring its sovereignty. Indonesia does
not trample on the sovereignty of any other country.
3. The Martial Law is a necessary legal framework under which the Combined
Operation can be carried out effectively. Under the democratic system, the application
of the martial law was possible with the approval of the Indonesian Parliament.
However, the Combined Operation does not refer only to military operation. Instead, it
refers to a concerted efforts of humanitarian operation, law enforcement operation,
empowerment of local governments, and military operation to restore security and
order. Naturally, media coverage has been more on the military aspect of the
Combined Operation. But it does not mean that the other aspects can be ignored.
4. By humanitarian operation, out of 608 schools that were burned down by the
separatist group, as many as 596 schools have been reconstructed to house the
education of 94 thousand children. By 18 November 2003 the remaining number of
internally displaced persons is 7,140 people --- a much better situation in comparison
to 48,262 internally displaced persons by the end of June 2003. More than 200 billion
Rupiah (around US$ 25 million) has been budgeted by the Government to fund its
humanitarian aid and social rehabilitation program. Out of this budget, more than 100
billion Rupiah has been disbursed for, among others, assisting internally displaced
persons, education aid for children, medical supplies and services, rebuilding facilities
for religious activities, and micro credits for farmers and fishermen. As far as the daily
livelihood of the population in Aceh is concerned, even during the month of Ramadan
and Idul Fitri festivities, there has not been any shortage of food or any other basic
necessities. The Government is confident in its capabilities and the availability of
sufficient resources, made available by the central Government and the rich Province
of Aceh, to attend to humanitarian needs in the Province. While offers for humanitarian
assistance are welcomed, Indonesia has every right to remain vigilant over potential
abuses of humanitarian access for ulterior motives as it has experienced in the past.
Still on the question of access, a group representing independent NGOs did make a
visit to the Province just a few days ago.
5. On the alleged human rights abuses in Aceh, it is important to bear in mind that
one side in the armed conflict is a separatist group which does not have regular armed
forces. Ever since the Combined Operation was launched, there has not been any
open military exchange. As in any other conflict situation involving irregular forces,
armed members of the separatist group disperse themselves and disguise as
civilians. When there is an armed confrontation and these armed people get killed, it
does not fall into the terms of extrajudicial nor summary killings. Moreover,
observation about human rights situation in an armed conflict tends to ignore the fact
that the other side does commit serious crimes such as mass killings, extortion,
burning of schools and public facilities, and hostage taking (GAM even takes hostage
journalists).
6. The Report deliberately ignores the fact that the Combined Operation takes place in
the new political setting of democratic Indonesia. Human Rights Watch and many
others use the yardstick of the past in their report on Aceh. First and foremost, the
decision to launch the Combined Operation was taken after the Government's efforts
to settle the problem of Aceh through peaceful means failed. The three and a half year
dialogue process, initiated by the Government, came to a disappointing conclusion
after the separatist group (GAM) made it clear during the last dialogue in Tokyo on 18
May 2003 that it refused to accept the special autonomy as the final solution. It
maintains its baseless and unrealistic demand for independence of Aceh. After all, the
Government has granted special autonomy within which more power and authority are
delegated to the Special Province of Nanggroe Aceh Darussalam; accompanied by a
generous revenue sharing (some 70% of revenue from oil and gas). Secondly, in this
era of Reformasi in Indonesia, the Government simply cannot monopolize the "truth".
The Parliament is actively monitoring the implementation of the Combined Operation.
The media is actively reporting the situation on the ground. There is no shortage of
news on Aceh, including on human rights violations. At the same time, there is no
shortage of news on the efforts taken by the Armed Forces to defeat the armed
separatist group.
7. It is also very important to note that the National Commission on Human Rights
(Komnas HAM), a very independent organization, has been actively publishing critical
reports on the misconducts committed by some individuals within the Armed Forces.
Any international NGO surely cannot claim as being better informed about the human
rights situation in Aceh than the Komnas HAM, which maintains its presence in the
field.
8. Also, in this era of reform and in the face of public scrutiny, the Indonesian military
has strong interest to come out clean of this Combined Operation in Aceh. Military
tribunals were held and sentences delivered to discipline military personnel who
committed misconducts. Because the Indonesian people themselves demand no less
than that. And, as a sovereign state, Indonesia has its own mechanisms which are
capable of managing its domestic problems.
9. The first six months of the Combined Operation has successfully brought about
normalcy in Aceh. Security situation has been much improved. Freedom of movement
has been restored and people can now travel from village to village freely. During the
last six months, the number of GAM members has decreased substantially. Around 2
thousand GAM members, who either surrendered voluntarily or were captured, have
undergone due process of law. The local economy has recovered and there is no
shortage of goods in the market. Activities to create jobs are currently being carried
out, especially in the field of agriculture, plantation, fishery, husbandry, and
handicrafts. Nonetheless, as reflected by petitions of numerous groups of Acehnese
societies, the people of Aceh themselves demanded the Government to extend the
Combined Operation for another six months.
10. Lastly, the report contains familiar jargons and ideas that reflect similar motives
coming out of a number of groups which have been supporting separatist groups in
Indonesia. These are the groups which did the same things during the campaign for
separation of East Timor from the Republic of Indonesia. These are the groups which
do not want to see a united, peaceful, and prosperous Indonesia.
Jakarta, 18 December 2003
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