INFID, November 18, 2004
INFID's Short News Overview No. V/33: November 12-18, 2004
Opinion
The news of Munir's poisoning raises many questions
On the eve of Hari Raya Idul Fitri 1425 H, Thursday Nov 11, news leaked from sources
in Pejambon that the death of Munir, one of the most prominent human rights
defenders in Indonesia, was caused by a fatal dose of arsenic. Munir had died during
a flight bound for the Netherlands on Sept. 7, where he wanted to obtain a degree in
human rights law at the University of Utrecht. Two hours prior to arrival he was found
dead. Upon arrival, Dutch authorities seized the body of the late Munir and ordered an
autopsy.
Was the untimely death of Munir, founder of the two important human rights
organisations Imparsial and KontraS, already a severe blow for the human rights
community in Indonesia and in befriended countries, the news of a possible
assassination came as an even greater shock. The news raises questions and stirs
speculations.
Of course the question of who is the likely perpetrator is inviting intense speculation.
Even though the principle of the presumption of innocence must be respected, it is not
very easy to dismiss suspicions that there might be links to circles in the Indonesian
military and secret services. These are the people Munir had always targeted ever
since he and his organisation KontraS disclosed the implication of military personnel
in the murder of the labour activist Marsinah and the disappearance of pro-democracy
activists in 1998. On the one hand he maintained good contacts to these circles and
extracted useful and strategic intelligence, but on the other hand he was never tired of
exposing the human rights offences and the crimes committed by individuals and
structural units of the army and demanding justice for their victims.
A criminal investigation will hopefully discover the culprits. The circumstances of
Munir's death put the new government of President Yudhoyono to the test on its
willingness to effectively protect human rights defenders and to enforce the laws in
Indonesia. It is a chance for the new administration to gain credibility among its critics
and those who are still sceptical of its resolve and capacities. This is a crucial
moment for the still young presidency. Therefore the call for immediate investigation
without any reserve cannot be voiced loud enough. Hopefully, the perpetrators can be
identified and brought to justice very soon.
Hopefully so since the discovery of the high dose of arsenic in Munir's body two
months have passed without any action. The government in the Hague hesitated that
long to submit the report of autopsy to the legitimate recipient, i.e. the family Munir.
And in the end it did not hand it over to the widow as promised from the beginning but
to the Indonesian Foreign Office. This loss of valuable time and eventually evidence
has to be explained. What are the reasons for this remarkable delay? What did the
government in the Hague want to accomplish or prevent from happening? Why did the
handing-over of the autopsy report take place on the eve of Idul Fitri, at a time when
there would be minimal press coverage due to the forthcoming festivities? These and
many more questions deserve an honest answer. Unless the Hague fully explains the
deliberations and reasoning in this case the credibility of the Dutch government is
likely to be severely undermined, especially among those who kne!
w and appreciated its role as a supporter of for the cause of human rights and justice
in Indonesia.
Dr. Klaus H. Schreiner, 18/11/2004
General News
Human Rights Activist Munir Poisoned
An Indonesian police team was due to leave for the Netherlands as part of a probe into
how prominent rights campaigner Munir died from arsenic poisoning on a jet from
Jakarta to Amsterdam. The team will be joined by Usman Hamid, a coordinator for
Kontras, a rights group founded by Munir.
Usman said the team would leave for Amsterdam on Nov. 17 for a series of meetings
with Dutch investigators, collect the original autopsy report and hire a local lawyer
there. The Indonesian police team, comprising forensic and toxicology experts, are
expected to read all the legal documents, including the files on several people who
have been interviewed in connection with the death of Munir on Sept. 7.
"Munir's wife refused to join the police team and asked me to represent her," said
Usman, who is also a lawyer. The wife of Munir, Suciwati, demanded last week the
report of the autopsy performed on her husband and a thorough investigation of his
death.
Fearing that Munir's death could have been a political assassination, fellow activists
have called for the establishment of a joint team consisting of the police and members
of the National Commission on Human Rights. But Usman said the government had
yet to respond to the call.
Usman also said he hoped to meet with members of the Netherlands parliament, as
well as journalists and activists, in a bid to rally support for a thorough investigation.
According to Usman, Kontras has started investigating the case and collected
information on the death of Munir. The non-governmental organization plans to publicly
announced their findings once the police finish their investigation.
"Therefore, support from both inside the country and the international community is
badly needed," Usman said.
Development Co-operation and Human Rights organisations in the Netherlands
regretted the fact that it took two months before the Dutch investigators came out with
their conclusion. ICCO and Kerkinactie said the slow process might have obstructed
legal investigation and legal process. They also regretted the fact that the report was
handed to the Indonesian government instead of to Munir's family. "The role of the
Dutch public prosecutor has therefore changed into an international diplomatic affair",
they said in a press release.
The London-based Indonesian human rights group Tapol issued a statement saying
revelations of the arsenic confirmed fears he had been assassinated.
"On many occasions, Munir fearlessly exposed the role of the powerful Indonesian
armed forces in acts of repression, incurring their wrath on many occasions. Some
senior officers may well have seen Munir as their most dangerous foe.
Indonesian Human Rights Watch (Imparsial) director Rachland Nashidik said on Nov.
17 that certain powerful institutions were behind the poisoning of fellow campaigner
Munir. He declined to name the institutions, but said that the perpetrators were
"familiar with secret tasks, well-trained and close to certain powerful institutions."
"I can't point my finger directly (at the guilty parties), but we all know that the military
didn't like him (Munir)," Rachland said.
Human Rights Activist Munir Poisoned: http://www.infid.be/munir_murdered.htm
'Powerful institution' may be behind Munir's death:
http://www.infid.be/munir_poisoned.htm.
Press Release ICCO/Kerkinactie: http://www.infid.be/munir-icco.pdf.
Sources: AFP 17/11, JP 17/11 18/11, ICCO/Kerkinactie Press Release 11/11, SMH
13/11
Journalists banned from entering Aceh, Papua
The Indonesian government has quietly imposed a ban on foreign journalists traveling
to provinces it fears could be at risk of breaking away, as well as to several other
areas that have been conflict zones in the past.
The new policy, never announced, was agreed upon on Sept. 23 by a committee of
police, military, intelligence, immigration and other officials because of "unstable"
security conditions, said Irzani Ratni, a Foreign Ministry official on the panel. Irzani
said the decision was made for "security reasons".
The restrictions apply to Papua and Aceh, two far-flung provinces that are home to
separatist rebels, Foreign Ministry officials said. Also subject to restrictions are the
provinces of Maluku and North Maluku and the towns of Sampit, Poso and Palu.
The policy apparently conflicts with a pledge of openness by the newly inaugurated
president, Susilo Bambang Yudhoyono. On Sept. 20, Yudhoyono won in the country's
first direct presidential election and promised to pursue democratic reforms.
The restrictions were imposed during the transition between administrations, and
Yudhoyono and other senior officials, including the government security minister,
apparently were unaware of the change, officials said. Irzani said the restrictions were
temporary but could not say when they would be lifted. No foreign reporters have been
given access to the banned areas since September, officials said.
A spokesman for Dr Yudhoyono said there had been "no change to the procedures"
and foreign journalists could still apply for permission to visit the areas. But two
Western journalists who had applied to go to Papua have had their applications
rejected without reason.
NGOs press for unrestricted access to Aceh and West Papua:
http://www.infid.be/aceh_papua.htm.
Sources: WP 11/11, SMH 11/11
Double Standard in Newmont Case: VP
Critics are applying a double standard to Indonesia over its pursuit of an environmental
case involving the world's largest gold miner, Vice President Jusuf Kalla said on Nov.
11.
The U.S. embassy in Jakarta as well as various business groups have criticized
Indonesia's handling of pollution accusations against a unit of Denver-based Newmont
Mining Corp.
Five Newmont executives -- one American, an Australian and three Indonesians --
were detained for weeks over the matter and their movements are still restricted while
prosecutors decide whether to formally charge them. The U.S. embassy had called
the detentions inappropriate, saying Newmont was already cooperating fully with the
investigation, and suggested the action could harm the investment climate in
Indonesia.
Asked if he thought the detentions were bad for Indonesia's image, Kalla said: "I think
it is wrong for people to protest. Foreigners want us to enforce the law. When the
government enforces the law, they say it's wrong. So, which one is right?"
"In the United States and other places, people who violate environmental laws will go
to jail. So, it's a double standard," the former businessman said.
Newmont has insisted it did nothing wrong, noting that the World Health Organization
and Indonesia's Environment Ministry have found the bay's water unpolluted.
However, a subsequent Environment Ministry study found that arsenic levels in the
seabed were 100 times higher at the waste-dumping site than in other parts of the
bay.
Jakarta Report Raises Tension Over Mine:
http://www.infid.be/environment_buyatcase.htm.
Pollution in Buyat Bay: http://www.infid.be/buyat_nyt.htm.
Sources: Reuters 11/11, AP 11/11
Significant Support for Radical Islam: Survey
A survey showed Nov. 12 that many Indonesians support the implementation of strict
Islamic law, with nearly 60 percent saying they want adulterers to be whipped and 40
percent backing cutting off a thief's hand.
The survey, conducted by the U.S.-funded Freedom Institute, also found 16 percent of
people polled refused to condemn terror attacks by the al-Qaida linked regional terror
group Jemaah Islamiyah if they were committed to fight Muslim oppression. Still, 59
percent condemned the attacks, while 25 percent said they had no opinion.
The findings will likely rekindle concerns that radical Islam is gaining a foothold in the
world's most populous Muslim nation, which has long embraced a moderate form of
the religion.
"It is a worrying phenomenon," said Ulil Abdala, the institute's head. "There is a
strong indication that radical Islam is gaining ground. It's definitely something that
moderate Indonesian Muslims must take note." He added many uneducated
Indonesians may not have access to information about the terror attacks that have hit
the country in recent years or their only sources of information are militant Islamic
groups.
Survey shows significant support for radical Islam in Indonesia:
http://www.infid.be/radical_survey.htm.
Source: AP 12/11
Regional News
Aceh
November 10
Military sources said Indonesian troops have shot and killed nine suspected rebels in
Aceh. Aceh's military spokesman Ari Mulya Asnawi said the nine were killed on Nov.
9 in gunfights between military troops and rebels in three different districts of Aceh,
1,050 miles northwest of Jakarta.
The son of Libyan leader Moamar Qaddafi said his country was willing to help end
separatist conflict in Aceh. Sayef al-Islam Qaddafi said Libya wanted to "narrow the
point of view between the two parties and to erase the cause of the conflict and
restore peace and security". Some leading members of the Free Aceh Movement,
including the military chief Muzakkir Manaf, were originally trained in Libya.
November 12
A limited Cabinet meeting chaired by Vice President Jusuf Kalla decided to extend
the state of civil emergency in Aceh.
November 14
House Speaker Agung Laksono said the House had no objection to the government's
plan to extend the state of civil emergency as it was in line with the view of the local
legislative council.
November 17
Aceh military spokesman Ari Mulya Asnawi said Indonesian soldiers killed 11 rebels
in Aceh. Soldiers gunned down five Free Aceh Movement rebels in clashes in northern
Aceh on Nov. 17, he said. The other six were shot in three separate districts on Nov.
15 and Nov. 16, Asnawi said.
President Susilo Bambang Yudhoyono said Indonesia would extend emergency rule
in Aceh. His aides said the extension, to take effect on Nov. 18, would last for a
maximum of six months but could be lifted beforehand.
Nov. 18
Yudhoyono offered amnesty to separatist leaders in Aceh and promised to help
redevelop the province if rebels drop their bid for independence. "The government calls
on all (rebel) leaders to stop their action and accept the special autonomy policy to
develop Aceh," Yudhoyono said. "The country will give them pardons and provide
post-conflict reconstruction assistance as part of our efforts to end the conflict in
Aceh."
A rebel spokesman, Abdullah Zaini, dismissed the offer but called on Yudhoyono's
government to return to the negotiating table.
Martial Law has given birth to OBR: http://www.infid.be/summary_imparsial_aceh.htm.
Sources: UPI 10/11, AFP 10/11 17/11, JP 13/11 17/11 18/11, AP 18/11
Papua
Indonesia's Constitutional Court struck down a law on Nov. 11 that would have carved
three new provinces out of resource-rich Papua, where separatists have long fought a
low-level insurgency.
The province, however, will still be split in two, the court's chief said. Constitutional
Court Head Jimly Asshidiqie said the 1999 law paving the way for the split
contradicted later amendments to the constitution, which gave locals with "traditional
rights to special regions" greater say in running Papua. He said said the verdict was
effective as of Nov. 11.
The Constitutional Court's decision immediately drew strong criticism from senior
constitutional law expert Sri Soemantri, who called the ruling "completely weird".
"What then is the legal basis of West Irian Jaya province? If the court declares Law
No. 45/1999 violates the Constitution, how can it approve the establishment of a
province that has no legal basis?" Sri Soemantri said. He suggested the decision was
politically motivated and warned that the ruling could create problems for any future
divisions of Papua.
Bambang Widjajanto, the lawyer for Jhon Ibo and the other Papuan figures who filed
the judicial review, said the court's ruling "creates more trouble for Papuans".
Protestant Minister Herman Saud, head of Papua's Indonesian Christian Church
(GKI), said the ruling was based on political considerations rather than legal
arguments.
"The ruling was made to save the central government's honor as it has already set up
West Irian Jaya province. It's no secret that the government always intervenes in the
legal process," he said.
Herman argued that if Law No. 45/1999 was considered unconstitutional, the
establishment of West and Central Irian Jaya provinces as well as Paniai, Puncak
Jaya and Mimika regencies and Sorong municipality must also be declared
unconstitutional. He said the Constitutional Court must remerge West Irian Jaya with
Papua province and any move to split up the province must be based on Law No.
21/2001 on special autonomy for Papua.
Destabilization in West Papua to affect leadership of Indonesia's President Susilo
Bambang Yudhoyono: http://www.infid.be/papua_1811.htm.
Another Fine Mess in Papua: http://www.infid.be/papua_mess.htm.
Sources: AP 11/11, JP 12/11
Poso
A bomb on a minibus exploded on Nov. 13 in Poso, killing immediately two people
and raising tensions in the region where religious fighting killed nearly 1,000 people
three years ago. Four victims died either en route to the hospital or while receiving
treatment. Three others were seriously wounded.
National Police chief Da'i Bachtiar, Coordinating Minister for Political, Legal and
Security Affairs Widodo A.S., Minister of Home Affairs M. Ma'ruf and Indonesian
Military (TNI) commander Gen. Endriartono Sutarto visited Poso on Nov. 16 to observe
the latest developments in the troubled town at first hand.
Police believe the perpetrators of the bombing came from the same group that slayed
a prosecutor and killed a Protestant minister in the provincial capital of Palu a few
months earlier.
"We cannot reveal their identities yet as the investigation is still underway. There is
also a possibility that the perpetrators came from the warring parties involved in the
previous conflict in Poso," National Police chief Da'i Bachtiar said after a meeting with
President Susilo Bambang Yudhoyono.
A report this year by the International Crisis Group blamed many of the Christian
deaths in Poso on Mujahidin KOMPAK, an outfit with loose affiliations to the Jemaah
Islamiyah regional extremist group. Indonesian intelligence officials have said Jemaah
Islamiah had a small military camp around Poso at the height of the conflict but that it
has long been closed.
Dai said the government would reinforce security forces in the province. He said the
Brimob elite paramilitary troops would be among the extra personnel sent to Poso.
'We will reinforce, not only by sending Brimob personnel but also detective and
intelligence officers so that this case can be uncovered,' he said.
The motive for the blast was not known, but Security Minister Widodo Adi Sucipto,
speaking alongside General Bachtiar, said the government classified it as an act of
terrorism.
Sources: AFP 14/11 17/11, JP 18/11, DPA 16/11, Reuters 17/11
Abbreviations
AA Asia Pulse/Antara
AFP Agence France-Presse
AP Associated Press
DPA Deutsche-Press Agenteur
JP The Jakarta Post
SMH Sydney Morning Herald
WP Washington Post
|
