Scoop News [New Zealand], Wednesday, 10 December 2003, 2:30 pm
NGO letter to Powell re. Group on Indonesia
Press Release: East Timor Action Network
December 9, 2003
The Honorable Colin L. Powell
Secretary of State
US Department of State
Washington, DC 20520
Dear Secretary Powell:
We are writing with reference to the Consultative Group on Indonesia (CGI) meeting to
be held in Jakarta on December 10th and 11th. We consider this meeting to be an
important opportunity for the Administration to raise concerns about human rights with
the Indonesian authorities.
The slow progress in implementing reform, embarked on by the Indonesian
government in 1998, continues to impact negatively on the human rights situation in
Indonesia. Much needed legal and judicial reform has yet to take place with the result
that the judiciary remains chronically weak and the law offers little protection against
human rights violations. Recent trials relating to crimes against humanity, committed
during 1999 in East Timor, have failed to deliver truth or meaningful justice. This
failure, together with continued impunity in many other cases of human rights
violations, have highlighted once again the structural weaknesses and political
obstacles which prevent the rule of law from being upheld and accountability from
being established.
We are also concerned about a trend towards the increased use of repression against
non-violent critics of the government. There has been a disturbing increase in the
number of individuals, including journalists, political and labor activists, throughout
Indonesia who have been imprisoned solely on account of the peaceful exercise of
their right to freedom of expression and association.
In Aceh, the imposition of Martial Law in May 2003 has brought renewed allegations of
grave human rights violations, including extrajudicial executions, "disappearances",
arbitrary detention and torture. The province has been effectively closed to
independent human rights monitors, humanitarian workers and journalists.
In Papua, a build up of military forces, a Central Government plan to divide the
province absent consultations with local people, and growing intimidation of the local
population and of civil society leaders by security forces and associated militias have
led to sharply increased tensions. Moreover, numerous human rights violations and
abuses have not been addressed by the justice system.
There is an urgent need to address these issues if Indonesia is to achieve the political
stability and rule of law necessary for its continued political, social and economic
development. A number of donor governments and institutions have played an
important role in supporting initiatives to promote judicial and legal reform, as well as
in providing assistance to the peace process in Aceh. We believe that continued
coordinated support in these areas is crucial, but that greater efforts should be made
to ensure that human rights are at the center of such initiatives. We also urge you to
ensure that all assistance programs are developed and implemented in close
cooperation with local non-governmental organizations and other members of civil
society. The programs should include benchmarks to ensure accountability and
monitoring of the progress in the implementation of changes by the Indonesian
authorities.
Recommendations
* The CGI should demand that both domestic and international humanitarian agencies
and human rights monitors are given full, unimpeded and unhindered access to all
areas of Aceh and that they are able to carry out their work free from intimidation,
threats and human rights violations;
* Donors should seek clarification of what measures are being taken to ensure that
international humanitarian law and human rights law and standards are being
implemented and action is being taken where there are allegations of breaches;
* Donors should continue to exert pressure to allow regular access to diplomatic
representatives, including from the Tokyo group (US, European Union and Japan), to
Aceh and Papua. As part of such visits, representatives should meet with members of
civil society organizations, including humanitarian and human rights organizations.
They should also visit places of military and police detention;
* Donors should urge the government to invite UN thematic mechanisms to visit Aceh.
Priority should be given to the Special Representative of the Secretary General on
Human Rights Defenders; the Special Rapporteur on extrajudicial, summary or
arbitrary executions; the Special Representative of the Secretary-General on internally
displaced persons and the Special Rapporteur on torture;
* Donors should prioritize assistance for strengthening the Indonesian judicial system
and law reform, including amendments of the Criminal Code (KUHP) and the Code of
Criminal Procedures (KUHAP) so that these comply fully with international law and
standards;
* The CGI should publicly call for the immediate and unconditional release of all
prisoners of conscience in Indonesia;
* The CGI should publicly express concern that the trials in the ad hoc Human Rights
Courts on Timor-Leste have not been credible or effective, and that credible
alternatives must now be sought. In the meantime, assistance should be provided to
the Indonesian authorities to amend Law 26/2000 Concerning Human Rights Courts
and to improve procedures, including in the area of victim and witness protection;
* Donors should urge the Indonesian government to establish an effective and credible
mechanism to investigate all allegations of human rights violations and ensure that the
perpetrators are brought to justice in trials which meet international standards for
fairness; and
* Donors should encourage the Indonesian government to halt military operations in
Papua and reduce the military presence there. Donors should also encourage a
dialogue between the Indonesian government and Papuans, including renewal of
discussion regarding implementation of special autonomy and the Papuan proposal of
transforming Papua into a zone of peace.
Sincerely,
- Acheh Center
- Amnesty International USA
- Dictator Watch
- East Timor Action Network
- East Timor Religious Outreach
- Indiana Alliance for Democracy
- Indonesia, Chinese and American Network<
- Institute on Religion and Public Policy<
- International Forum for Aceh
- International Labor Rights Fund
- Leadership Conference of Women Religiouss
- Madison-Ainaro Sister City Alliance
- Pax Christi USA
- Robert F. Kennedy Memorial Center for Huuman Rights
- Students for a Free Aceh
- United States East Timor Society
- Women Against Military Madness
-- Karen Orenstein Washington Coordinator East Timor Action Network: 12 Years for
Self-determination and Justice tel: 202-544-6911; fax: 202-544-6118 karen@etan.org;
www.etan.org
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