I took Garuda to Singapore today because my company has a special deal with Garuda. Otherwise, I’d rather not to fly with Garuda – I hate their inefficiencies (always late, sloppy service – bad actually, etc.).
The problem started when I checked in. They said the system was down, so they couldn’t assign seat number, couldn’t tell gate number, and couldn’t print out the boarding pass – all had to be done manually. The guy told me to check out the screen for gate number once I passed immigration. I needed about 15 minutes just to do the check in.
After paying out fiscal fee and passed the fiscal fee check point – I had to stand in a long immigration line. I wonder why these officers – who work in the International Airport – didn’t provide additional staffs to reduce these long lines *sigh*. And, as usual – they don’t show that they are the first and important “touch points” for tourists, local or international, they don’t show good customer service attitude. No greetings, no smile, nothing! Even they don’t respond to my “Selamat Siang, Pak”. It’s so sad to see this happens in the biggest international airport in the country.
Then, I thought I better check the gate, get my seat number, and later I could go to have my lunch (I was so hungry because I didn’t have breakfast yet). One of the officer said GA 828 should depart from Gate E6. OK, I went there. I thought, hm… good, the screen in front of Gate E6 said so. Couple of people already queued to enter the gate and get seat number. By the time I reach the officer, he assigned my seat number, and later he said that I should go to Gate E4 and scratched the seat he had assigned for me before. Off I went to Gate E4. It’s quite a walk for a hungry lady like me. (I was usually cranky when I was hungry.) Another passenger who also needed seat number assigned before he went out for lunch was already there. One lady officer was on the phone – asking for seat plan form to be delivered to Gate E4. I and this other guy waited. This lady officer then went out to pick up the form. About five minutes later another lady officer came in – didn’t care less about us. The guy asked again for seat number and she responded slowly. Gerakannya lemotttt banget. Gregetan ngeliatnya. Fifteen minutes later the previous lady officer came with the seat plan form and started to assign seat number for us. I got seat 8D. I told her that I’d go out for lunch – thus, she took my other half of boarding pass and disembarkation card.
I went to Starbuck to have a pie and black coffee. I got a call from a friend who wish me a safe and fun trip *smile*.
Half an hour later, I rushed to Gate E4 to boarding. The officers in Gate E4 said that I should go to Gate E7 for boarding. Geez… it’s really a test of patience! I told them it’s the third time I should follow their wrong “direction”. Rasanya sebel banget – ini nih akibat harus naik Garuda. OK, officers, I walked again to Gate E7.
I got no problem entering Gate E7. But, it’s not even five minutes passed when I heard they called my name and asked me to approach the officer’s desk. This time they said that they had to re-assign my seat because they did some mistake and they booked two people with the same seat number. They blamed the system – manual, that is. My tolerant meter went down significantly!
I told them not to blame the system because it’s the people who made the system. They should be prepared – I believe they experienced these things often. I said, “How many times I should walk the distance because of your lousy system. I had already walked back and forth among the gates, four times to be exact, got assigned seat number twice, and all wrong. And now you tell me that it’s wrong again?”
The officer said, “Kami hanya ingin memberikan pelayanan yang terbaik.” Goodness grace! If it’s “the best service” – do we have to settle for it?
I took a deep breath while he wrote down my new seat number. Really, I needed a lot of patience in this hopeless situation. Yes, a lot needed when they later announced that we experienced "a slight delay" *smile*.
It’s so sad… that our biggest international airport operates like they are still in the 70’s. Indonesia, Indonesia, kacian deh lo… kapan ya nyadarnya…
Wednesday, January 31, 2007
Friday, January 26, 2007
Poso on the Edge
I read this news from ICG (International Crisis Group) on Poso. The conflict that started in 2000 (a year after similar conflict erupted in Ambon) doesn't seem to end. Fabianus Tibo, Dominggus da Silva and Marinus Riwu accused of masterminding the 2000 riot between Muslims and Christians in Indonesia were executed by firing squad at an undisclosed location in the island nation’s Central Sulawesi province September 22, The Jakarta Post reported. And, yet, the vicious circle of violence has not stopped with the death penalty execution of these three men. It is strange in a small city where everybody knows each other and the concentration of policemen and army has been so heavy after the prolonged violent conflict can't bring the "real" perpetrator to the court.
My friend Ulla, who experienced the impact of the third Poso incident said that nobody seemed to anticipate that the violent incident would come their way - since the community bonding was so tight and close. It's sad that there is some power behind this never-ending conflict that has taken so many lives and has robbed the peaceful future of its local people.
INTERNATIONAL CRISIS GROUP - NEW REPORT
Jihadism in Indonesia: Poso on the Edge
Jakarta/Brussels, 24 January 2007: Recent police raids in Poso with high casualties may have just given Indonesia’s weakened jihadi movement a new boost.
Jihadism in Indonesia: Poso on the Edge,* the latest report from the International Crisis Group, follows the 22 January police action in the Central Sulawesi city that left sixteen people dead, including one policeman. The paper examines how a neighbourhood in Poso became a stronghold of the terrorist organisation, Jemaah Islamiyah (JI), and how a small group of men managed to terrorise the city for three years before their identities became known. The government’s new determination to crack down on violent jihadi networks in Poso is welcome, but Poso must not become the new cause celebre for the country’s mujahidin.
“There were already indications that the suspects and their sympathisers were portraying police operations as a fight against thoghut – anti-Islamic forces – in an effort to enlist other mujahidin from outside their own group”, says Sidney Jones, Crisis Group’s South East Asia Project Director. “From Monday’s raid alone, they now have at least fifteen men they will almost certainly claim as martyrs”.
Just after dawn on 22 January, Indonesian police moved in on a quiet residential street in Poso to arrest a group of men, most of them local members of JI wanted for a range of bombings, beheadings, and drive-by shootings. At the end of the day, one policeman and fifteen others – most but not all of them mujahidin – were dead, and several more on both sides wounded. Some two dozen men were arrested as they tried to flee, and police operations are continuing.
These events, following eight months of efforts to persuade the suspects to surrender and a similar but less lethal 11 January raid, suggest several new risks. One is that jihadis will try to take the anti-thoghut war beyond Poso, targeting police elsewhere. Another danger is that the JI faction that considers bombings of Western targets wrong and Noordin Mohammed Top, South East Asia’s most wanted terrorist and the man believed to be behind some of Indonesia’s deadliest bombings, a deviant, will see this jihad as legitimate. Finally, it is possible some of the fugitives might try to join forces with Noordin in Java.
The Indonesian government should step back and look at how to address the broader causes of ongoing violence in Poso. The government needs to set up an independent fact-finding body composed of civilian officials, military, police, NGOs and religious leaders to examine grievances left over from Poso’s communal conflict that reached its height in 2000-2001. It should also set up a body to document the needs of those still displaced and work out an employment program to absorb the local mujahidin.
“The long-running jihad in Poso has changed, it seems, from revenge attacks against local Christians to a war against the police”, says Robert Templer, Director of Crisis Group’s Asia Program. “Even if the remaining suspects are arrested, no one should be complacent that the violence in Poso is over.”
Just after dawn on 22 January, Indonesian police moved in on a quiet residential street in Poso to arrest a group of men, most of them local members of JI wanted for a range of bombings, beheadings, and drive-by shootings. At the end of the day, one policeman and fifteen others – most but not all of them mujahidin – were dead, and several more on both sides wounded. Some two dozen men were arrested as they tried to flee, and police operations are continuing.
These events, following eight months of efforts to persuade the suspects to surrender and a similar but less lethal 11 January raid, suggest several new risks. One is that jihadis will try to take the anti-thoghut war beyond Poso, targeting police elsewhere. Another danger is that the JI faction that considers bombings of Western targets wrong and Noordin Mohammed Top, South East Asia’s most wanted terrorist and the man believed to be behind some of Indonesia’s deadliest bombings, a deviant, will see this jihad as legitimate. Finally, it is possible some of the fugitives might try to join forces with Noordin in Java.
The Indonesian government should step back and look at how to address the broader causes of ongoing violence in Poso. The government needs to set up an independent fact-finding body composed of civilian officials, military, police, NGOs and religious leaders to examine grievances left over from Poso’s communal conflict that reached its height in 2000-2001. It should also set up a body to document the needs of those still displaced and work out an employment program to absorb the local mujahidin.
“The long-running jihad in Poso has changed, it seems, from revenge attacks against local Christians to a war against the police”, says Robert Templer, Director of Crisis Group’s Asia Program. “Even if the remaining suspects are arrested, no one should be complacent that the violence in Poso is over”.
Contacts:
Andrew Stroehlein (Brussels) 32 (0) 2 541 1635
Kimberly Abbott (Washington) 1 202 785 1601
To contact Crisis Group media please click here
*Read the full Crisis Group report on our website: http://www.crisisgroup.org
The International Crisis Group (Crisis Group) is an independent, non-profit, non-governmental organisation covering over 50 crisis-affected countries and territories across four continents, working through field-based analysis and high-level advocacy to prevent and resolve deadly conflict.
Other links on Poso:
My friend Ulla, who experienced the impact of the third Poso incident said that nobody seemed to anticipate that the violent incident would come their way - since the community bonding was so tight and close. It's sad that there is some power behind this never-ending conflict that has taken so many lives and has robbed the peaceful future of its local people.
INTERNATIONAL CRISIS GROUP - NEW REPORT
Jihadism in Indonesia: Poso on the Edge
Jakarta/Brussels, 24 January 2007: Recent police raids in Poso with high casualties may have just given Indonesia’s weakened jihadi movement a new boost.
Jihadism in Indonesia: Poso on the Edge,* the latest report from the International Crisis Group, follows the 22 January police action in the Central Sulawesi city that left sixteen people dead, including one policeman. The paper examines how a neighbourhood in Poso became a stronghold of the terrorist organisation, Jemaah Islamiyah (JI), and how a small group of men managed to terrorise the city for three years before their identities became known. The government’s new determination to crack down on violent jihadi networks in Poso is welcome, but Poso must not become the new cause celebre for the country’s mujahidin.
“There were already indications that the suspects and their sympathisers were portraying police operations as a fight against thoghut – anti-Islamic forces – in an effort to enlist other mujahidin from outside their own group”, says Sidney Jones, Crisis Group’s South East Asia Project Director. “From Monday’s raid alone, they now have at least fifteen men they will almost certainly claim as martyrs”.
Just after dawn on 22 January, Indonesian police moved in on a quiet residential street in Poso to arrest a group of men, most of them local members of JI wanted for a range of bombings, beheadings, and drive-by shootings. At the end of the day, one policeman and fifteen others – most but not all of them mujahidin – were dead, and several more on both sides wounded. Some two dozen men were arrested as they tried to flee, and police operations are continuing.
These events, following eight months of efforts to persuade the suspects to surrender and a similar but less lethal 11 January raid, suggest several new risks. One is that jihadis will try to take the anti-thoghut war beyond Poso, targeting police elsewhere. Another danger is that the JI faction that considers bombings of Western targets wrong and Noordin Mohammed Top, South East Asia’s most wanted terrorist and the man believed to be behind some of Indonesia’s deadliest bombings, a deviant, will see this jihad as legitimate. Finally, it is possible some of the fugitives might try to join forces with Noordin in Java.
The Indonesian government should step back and look at how to address the broader causes of ongoing violence in Poso. The government needs to set up an independent fact-finding body composed of civilian officials, military, police, NGOs and religious leaders to examine grievances left over from Poso’s communal conflict that reached its height in 2000-2001. It should also set up a body to document the needs of those still displaced and work out an employment program to absorb the local mujahidin.
“The long-running jihad in Poso has changed, it seems, from revenge attacks against local Christians to a war against the police”, says Robert Templer, Director of Crisis Group’s Asia Program. “Even if the remaining suspects are arrested, no one should be complacent that the violence in Poso is over.”
Just after dawn on 22 January, Indonesian police moved in on a quiet residential street in Poso to arrest a group of men, most of them local members of JI wanted for a range of bombings, beheadings, and drive-by shootings. At the end of the day, one policeman and fifteen others – most but not all of them mujahidin – were dead, and several more on both sides wounded. Some two dozen men were arrested as they tried to flee, and police operations are continuing.
These events, following eight months of efforts to persuade the suspects to surrender and a similar but less lethal 11 January raid, suggest several new risks. One is that jihadis will try to take the anti-thoghut war beyond Poso, targeting police elsewhere. Another danger is that the JI faction that considers bombings of Western targets wrong and Noordin Mohammed Top, South East Asia’s most wanted terrorist and the man believed to be behind some of Indonesia’s deadliest bombings, a deviant, will see this jihad as legitimate. Finally, it is possible some of the fugitives might try to join forces with Noordin in Java.
The Indonesian government should step back and look at how to address the broader causes of ongoing violence in Poso. The government needs to set up an independent fact-finding body composed of civilian officials, military, police, NGOs and religious leaders to examine grievances left over from Poso’s communal conflict that reached its height in 2000-2001. It should also set up a body to document the needs of those still displaced and work out an employment program to absorb the local mujahidin.
“The long-running jihad in Poso has changed, it seems, from revenge attacks against local Christians to a war against the police”, says Robert Templer, Director of Crisis Group’s Asia Program. “Even if the remaining suspects are arrested, no one should be complacent that the violence in Poso is over”.
Contacts:
Andrew Stroehlein (Brussels) 32 (0) 2 541 1635
Kimberly Abbott (Washington) 1 202 785 1601
To contact Crisis Group media please click here
*Read the full Crisis Group report on our website: http://www.crisisgroup.org
The International Crisis Group (Crisis Group) is an independent, non-profit, non-governmental organisation covering over 50 crisis-affected countries and territories across four continents, working through field-based analysis and high-level advocacy to prevent and resolve deadly conflict.
Other links on Poso:
- The Facts & Truth of the Poso Conflict from Indonesia Watch
Wednesday, January 24, 2007
One Seafood Paradise in Indonesia
Indonesia’s vast archipelago supplies us with its aquaculture diversity and its rich resources.
Here are some on the list:
The lobsters were huge. I think it's a slightly bigger than a whole chicken. Oh, man... it tasted so good! The accompanied several kinds of chili sauces were swelled too! The otak-otak was really big and tasty. I really had the time of my life during the seafood feast *smile*. I was embarassed when they said that only me and one of the guy were still eating - the others already stopped eating. I couldn't help it *smile*.
Losari Beach (Pantai Losari) is located in front of our hotel (Imperial Aryaduta Hotel) and it used to be the seafood center for people in Makassar.
When I checked in for the flight back to Jakarta I saw many boxes of Surya Restaurant. Later a friend told me that Surya is another seafood restaurant in Makassar and many people bring crabs - one of the restaurant's specialities - as oleh-oleh (gift). Hm... if I didn't return that day I'd have the chance to try the crabs from Surya *smile*.
Yeah, Makassar is not only famous for seafood but also coto Makassar, sup konro, markisa, and other local snacks. One of the things that I missed during my visit was that I didn't have the chance to eat durian.
Several links:
The History of South Sulawesi
Makassar
Tana Toraja
South Sulawesi Travel Guide
Official Website of South Sulawesi Province
Here are some on the list:
- Many of the best diving sites are found in this archipelago – so, I was told by my Japanese friend who used to frequent some of the beautiful diving sites.
- The extensive mangrove environment that acts as the buffer of the land.
- Pearl farm
- Seafood – Seafood – Seafood *smile*
The lobsters were huge. I think it's a slightly bigger than a whole chicken. Oh, man... it tasted so good! The accompanied several kinds of chili sauces were swelled too! The otak-otak was really big and tasty. I really had the time of my life during the seafood feast *smile*. I was embarassed when they said that only me and one of the guy were still eating - the others already stopped eating. I couldn't help it *smile*.
Losari Beach (Pantai Losari) is located in front of our hotel (Imperial Aryaduta Hotel) and it used to be the seafood center for people in Makassar.
When I checked in for the flight back to Jakarta I saw many boxes of Surya Restaurant. Later a friend told me that Surya is another seafood restaurant in Makassar and many people bring crabs - one of the restaurant's specialities - as oleh-oleh (gift). Hm... if I didn't return that day I'd have the chance to try the crabs from Surya *smile*.
Yeah, Makassar is not only famous for seafood but also coto Makassar, sup konro, markisa, and other local snacks. One of the things that I missed during my visit was that I didn't have the chance to eat durian.
Several links:
The History of South Sulawesi
Makassar
Tana Toraja
South Sulawesi Travel Guide
Official Website of South Sulawesi Province
Friday, January 19, 2007
Our Story on Munir will be Aired...
That's the title on NS' e-mail to a group of people that support and have made this thing happen. Here is the detail of this good news:
Dear friends and colleagues,
I am very happy to announce that The Global Village radio report on Munir that so many of us worked on will be aired next week on CBC (the Canadian Broadcasting Corporation).
The first show will be aired on CBC Radio One on January 25 at 8pm EST, and the second on CBC Radio Two on January 27at 6:30pm EST. For those of you in Indonesia, it can be heard on the internet at http://www.cbc.ca/globalvillage/ on January 26 at 8am and January 28 at 6:30am (I believe that you're ahead of Eastern Standard Time by 12 hours). It is a very short piece (just 3 minutes or so), but I hope that it captures the main messages of the campaign for justice being led by Suciwati, Kontras, Imparsial and so many other human rights activists and organizations. The report includes parts of my interview with Suciwati and with Endah Widiastuti, a young musician based in Jakarta. As you all know, The Global Village programme on CBC features "news through music", so the songs written in tribute to Munir by Endah and other Indonesian musicians (Iwan Fals and Segorames) will be played during the report. The solidarity of these and other artists is highlighted in this piece.
Thanks again to all of you who made this radio report possible. A special thanks to Suciwati, Usman, Rusdi, Mufti, Endah, Elisabeth and all the friends and family who worked hard behind the scenes to help make this happen.
With warm regards,
NS
... I'm glad, very glad indeed that this radio report on Munir will be aired on Canadian national radio (CBC) next week *smile*. While NS here there were a lot of people would go the extra mile to help her just so she could make it to the interviews, took the "ambience" during the Munir's Memorial gathering around HI, or converted the audio piece to the USB. Dear friend, we made it! Of course we have decided to donate the honorarium the CBC has paid us to do this report to help cover the costs of Suciwati and Usman's lobbying and advocacy visit to Canada. This will be a CCEVI contribution towards this important visit.
When I told one of my friends why I was so busy during that time and always re-scheduled our meeting... she later asked, "I'm concerned about it too. I wish I could join you. And, why did you do it?" I said, "Munir had done a great thing for us, for Indonesia... it's a pity if I was given the opportunity and I didn't do anything. Don't you think so?"
Like Mother Teresa said... do small thing with great love and care. Well, it's just my small contribution to the country that I love-to-hate and hate-to-love, like a drop in the ocean... Imagine lots of drops and we could make a huge wave *smile*.
Thank you, NS, for your admirable spirit!
Dear friends and colleagues,
I am very happy to announce that The Global Village radio report on Munir that so many of us worked on will be aired next week on CBC (the Canadian Broadcasting Corporation).
The first show will be aired on CBC Radio One on January 25 at 8pm EST, and the second on CBC Radio Two on January 27at 6:30pm EST. For those of you in Indonesia, it can be heard on the internet at http://www.cbc.ca/globalvillage/ on January 26 at 8am and January 28 at 6:30am (I believe that you're ahead of Eastern Standard Time by 12 hours). It is a very short piece (just 3 minutes or so), but I hope that it captures the main messages of the campaign for justice being led by Suciwati, Kontras, Imparsial and so many other human rights activists and organizations. The report includes parts of my interview with Suciwati and with Endah Widiastuti, a young musician based in Jakarta. As you all know, The Global Village programme on CBC features "news through music", so the songs written in tribute to Munir by Endah and other Indonesian musicians (Iwan Fals and Segorames) will be played during the report. The solidarity of these and other artists is highlighted in this piece.
Thanks again to all of you who made this radio report possible. A special thanks to Suciwati, Usman, Rusdi, Mufti, Endah, Elisabeth and all the friends and family who worked hard behind the scenes to help make this happen.
With warm regards,
NS
... I'm glad, very glad indeed that this radio report on Munir will be aired on Canadian national radio (CBC) next week *smile*. While NS here there were a lot of people would go the extra mile to help her just so she could make it to the interviews, took the "ambience" during the Munir's Memorial gathering around HI, or converted the audio piece to the USB. Dear friend, we made it! Of course we have decided to donate the honorarium the CBC has paid us to do this report to help cover the costs of Suciwati and Usman's lobbying and advocacy visit to Canada. This will be a CCEVI contribution towards this important visit.
When I told one of my friends why I was so busy during that time and always re-scheduled our meeting... she later asked, "I'm concerned about it too. I wish I could join you. And, why did you do it?" I said, "Munir had done a great thing for us, for Indonesia... it's a pity if I was given the opportunity and I didn't do anything. Don't you think so?"
Like Mother Teresa said... do small thing with great love and care. Well, it's just my small contribution to the country that I love-to-hate and hate-to-love, like a drop in the ocean... Imagine lots of drops and we could make a huge wave *smile*.
Thank you, NS, for your admirable spirit!
Thursday, January 18, 2007
AHRC: Indonesia's Human Rights Report 2006
Asian Human Rights Commission (AHRC)
19/F, Go-Up Commercial Building,
998 Canton Road, Kowloon, Hong Kong, China
INDONESIA: The Human Rights Situation in 2006
Asia has hardly been the poster-child for Human Rights; in fact, its track-record of human rights violations has grown progressively worse over recent years. Indonesia is no exception. Government conspiracies and corruption, police brutality, judicial apathy, civil unrest and state-sanctioned torture have become a routine reality in In this report, we will highlight and explore in-depth some of the key fundamental issues that underlie the current crisis in Indonesia. By examining recent events in the broader context of this institutional crisis, which is holding the country in deadlock, we can begin to make some leeway in understanding the magnitude of the problem at hand, and what can and must be done to rectify it.
MURDER OF A MARTYR: Recent developments in the Munir Murder Case
The assassination of renowned Indonesian human rights defender, Mr. Munir Said Thalib, and the subsequent highly dubious investigations and paper-thin prosecution offers an opportune analytical starting-point in gauging the current climate of State politics and stability in Indonesia.
The theatrical court prosecution of the case came to a dramatic conclusion, when on October 3, 2006, the Panel of Judges of the Supreme Court in Jakarta returned with a verdict of ‘Not Guilty’ in the criminal case against prime suspect, Garuda Airways Pilot Pollycarpus Budihari Priyanto on the charge of premeditated murder. Mr. Pollycarpus was however found guilty of falsifying the Garuda Airways work roster, and was sentenced to two years imprisonment.
Although hardly surprising, considering the high political stakes involved in the said criminal trial, the Supreme Court’s ruling blatantly overlooked the findings of an evaluational examination conducted by the Central Jakarta District Court and the Jakarta High Court between the 20th - 23rd May 2006, which exposed the shoddy standards of application of domestic legislation and judicial procedure in the criminal investigations into Mr. Munir’s murder.
The examination findings also made direct reference to a letter signed by primary witnesses, Ramelgia Anwar (Vice Corporate of Security for Garuda Airways) and Indra Setiawan (Director of Garuda Airways), instructing Mr. Pollycarpus to travel aboard the 974 flight to Amsterdam, in which Mr. Munir would be travelling. Additionally, it was found that Mr. Pollycarpus had been in almost constant contact with Major-General Muchdi PR (Deputy of the Badan Intelijen Negera (BIN), a State Intelligence Body) prior to travelling aboard the said flight. Records show that Mr. Pollycarpus made over 41 calls to Mr. Muchdi’s mobile phone, his home telephone, as well as at his office at BIN. Despite the documenting of what is undoubtedly damning evidence of a complex and carefully politically-orchestrated conspiracy, the Attorney General and the National Police have shown no intention to conduct further investigative inquiries in light of these findings.
The Supreme Court’s ruling was met with moral outrage by the late Mr. Munir’s grieving family, colleagues and far-reaching support base. The Committee on Solidarity for Munir, by far the most vocal of political pressure groups in Indonesia, held a press conference on October 5, 2006, in which they openly challenged the competency of the Indonesian judiciary, police and parliament.
Mr. Munir’s family and supporters, who continue to be subjected to threats, intimidation and extreme harassment by police and political agents alike, recently filed a 13 billion Rupiah (US$1.4 million dollar) lawsuit against Garuda Airways for the death of Mr. Munir.
In a very recent development, Mr. Munir’s widow, Mrs. Suciwati, met with Mr. Philip Alston, UN Special Rapporteur on Extra-Judicial, Summary, or Arbitrary Executions in, appealing that he lead an official UN intervention and investigative inquiry into Mr. Munir’s murder. This was met with outright indignation by Indonesian political and police authorities alike.
Chief of National Police, General Sutanto, vehemently stated that he would under no circumstances allow international (particularly UN) involvement in police investigations; “This is our sovereignty…we want no foreigners interfering in the process”, but added that international assistance in the form of technical support (e.g.: loaning their DNA testing services) was preferred.
Defense Minister, Dr. Juwono Sudarsono also stated that while the genuine concern, interest and sincere advice of foreign governments and international humanitarian bodies was welcome, “...We don’t need international intervention…our own legal systems can handle this”. It is not clear whether this decision could effectively mean that Mr. Alston will be denied entry to Indonesia.
Such a move by the Indonesian Government in the face of mounting international pressure following Mr. Pollycarpus Priyanto’s acquittal could seriously undermine the credibility of the Indonesian State, notably with regard to its membership in the UN Human Rights Council.
DIAGNOSING THE DISEASE: Breaking down the problem of Indonesia’s institutional failure
Mr. Munir’s murder and the subsequent series of events offer a telling insight into the desperate situation in which the fundamental principles of justice and human rights finds themselves in Indonesia. If this is “justice” for one of Indonesia’s most prominent public citizens, one can only imagine what is available to ordinary Indonesian citizens. The AHRC is of the view that the rule of law is fundamental to the maintenance of a stable society and the fundamental principles of human rights within that society, and that the current and prevailing predicament that has long characterized the highly volatile Asian region can be traced to the near total collapse of the rule of law in many Asian nations.
In the case of Indonesia, we will present this predicament issue by issue, as follows:
International Convention vs. Domestic Legislation
The overarching obstacle to any form of rule of law in Indonesia, and indeed in wider Asia, is the ever-expanding vacuum between the norms and standards embodied in international conventions, and those put into practice at the domestic legislative level. A recently elected member to the UN Human Rights Council in May of 2006, and a State party to the UN Convention against Torture (CAT), the International Covenant on Civil and Political Rights (ICCPR) and the International Covenant on Economic, Social and Cultural Rights (ICESR), Indonesia has often been accused of paying lip service to international institutions and bodies of authority (namely the UN), while simultaneously and systematically failing to fulfil its fundamental obligations to its people.
According to the European Court of Human Rights, the CAT convention is a “living instrument which must be interpreted in the light of present-day conditions”; it is here where the underlying root-cause of the problem lies. A major point of contention and heated debate concerns the failure of the Indonesian government to accommodate the fundamental principles of the CAT in domestic legislation, and the establishment of a systematic mechanism through which these principles may be translated into practice - eight years after having ratified the said convention.
Despite its three primary courts of law: the Court of General Jurisdiction; the Military Court; and the more recently established Human Rights Court, the pursuit of justice still remains a distant prospect for many Indonesians.
The existing Indonesian Penal Code (KUHP) and the Law of Criminal Procedure (KUHAP) does not explicitly employ the term ‘torture’ in its legislative literature, instead opting for the much milder term ‘maltreatment’. However close in definition, ‘maltreatment’ does not equate to torture before a court of law, and therefore cannot be prosecuted as such. More importantly, it does not take into consideration human rights violations committed by State-agents; a key qualitative aspect of the international definition of torture under the CAT. The UN Committee against Torture stated on this matter that: “The special nature of torture would be masked by classing torture together with traditional terms such as mistreatment or abuse of authority. And while torture is certainly covered, to a large extent, by national terms, there is one important difference. A substantial characteristic of torture is that the actions are performed by the State. Bringing torture under the traditional national and provisions would damage an important qualitative and distinguishing aspect of torture”.
The core cause of the current crisis of the rule of law in Indonesia, particularly with regard to torture and other human rights violations, is that the existing laws in Indonesia are not self-executing. They remain abstract concepts on paper, unfulfilled in practice. The responsibility for this largely lies in the hands of Indonesia’s collapsed prosecution system.
Much hope was pinned on the establishment of the Human Rights Court in 2000, initially established - largely due to international pressure - to address the atrocious record of human rights violations committed by the Indonesian government and military in the build-up to East Timor’s independence in 1999.
Seven years on, and all hopes have faded. What was once seen as a monumental step forward has actually proved itself to be two steps back. The definition of a human rights violation according to the Human Rights Court has been stretched so tight, that its current criteria for deciding the eligibility of a case for prosecution is based solely on the fact of whether it is part of an organized and systematic project of mass genocide. As a result, the vast majority of cases of torture and other human rights violations committed by State-agents in Indonesia which do not occur under genocidal circumstances, go unprosecuted and unpunished.
The Military Court has been suggested by some to bear the disturbing characteristics of the highly despotic culture of the New Order Regime, which was overturned in 1998. By virtue of Article 9[a] of Law 31/1997, any military officer charged with a criminal offense has the right to demand to be tried by a military court, which consists of their superiors. The process of prosecution within a military court is a behind-closed-doors affair, and often overrides any and all decisions made by either the Court of General Jurisdiction or the Human Rights Court.
The status of the military in Indonesia could be said to be that of a dictatorship. It has become somewhat of an acknowledged fact of the Indonesian brand of “justice”, that military officers and personnel are able to skirt around the law, and evade any accountability whatsoever for their actions before courts of law, even going so far as to point-blank refuse to cooperate with investigations. In fact, public fear of the military in Indonesia is so great that they very openly intimidate, bribe, blackmail, harass and threaten (often with death) the victims and their families, trial witnesses, independent investigators, human rights activists, and even the prosecution and judges themselves. It is a well known fact that many public prosecutors are highly reluctant to take on criminal cases involving military officers or personnel, and it has been known for prosecutors to deliberately lose their cases for fear of the repercussions of a victory against Indonesia’s ever-powerful military.
Despite the recent passing of a Witness and Victims’ Protection Bill by the Indonesian parliament, it will be another year (possibly longer) before the law is officiated and put into practice. However, human rights activists and organizations have expressed their concern over the content of this new law, which prescribes that a person’s eligibility for witness/victim protection will be assessed and decided by a State-appointed commissioner. This is a clear violation of the obligations of the Indonesian government under the ICCPR, which identifies equal access to witness/victim protection as a fundamental civil and political right. At present, the lack of an established system of protection and support has left victims and trial witnesses vulnerable to intimidation, harassment, and even violence.
Therefore, given the circumstances, it is hardly surprising that many succumb to accepting bribes, or choose to settle their cases out of the courtroom as opposed to gambling on the evidently collapsed and completely ineffective system of law and order in Indonesia.
Police Torture: An Epidemic out of Control
Torture is at the top of Indonesia’s lengthy record of human rights violations, and is fast becoming an epidemic. Ironically enough, it is the law-enforcement authorities who more often than not are responsible for the violation of the very laws and principles\n that they have been assigned to protect.
The collapse of the rule of law in Indonesia can be directly traced to the collapse of the police as a legitimate law-enforcement authority. The relatively recent separation of the police from under the authority of the military has meant that for the first time, police officers could be held accountable before the Court of General Jurisdiction. This was Criminal Procedure Code was speedily amended to prohibit the prosecution of any criminal case that has not been subject to an official police investigation and inquiry, including in prosecution cases against police officers themselves. The implications of this amendment effectively mean that the police are able to block, stall and even discontinue any and all investigative inquiries and disciplinary actions made against their officers. The realities of this are that the police and the military in Indonesia currently enjoy privileges of power that even the Government are not privy to. In fact, one could even argue that their level of power is gradually resembling that of a dictatorship, much in the style of former President and despot, General Suharto. Despite their functioning independently from each other, the police nevertheless continue to employ highly militaristic methods of discipline, whilst the military continue to play a significant role in the maintenance and enforcement of public law and order.
Case Study: Mr. Yupiter Manek
Mr. Yupiter Manek was arrested and kept in detention by officers of the Belu Resort Police on December 18, 2005 on charges of sexual harassment of a young female employee of a local department store. Mr. Manek was subsequently tortured by Belu Police officers, and on December 23, 2005, slipped into a coma. After having been admitted to the nearest hospital, and with his family at his bedside, Mr. Manek succumbed to his injuries at 12:30 pm on the same day.
According to members of his family, Mr. Manek’s body was severely bruised and swollen, and inside his trouser pocket, they found a cigarette pack on which was written, “Uncle, Father, Mother, Minggus, Eta, Jum, Igung, (I) was butchered by the Belu Resort Police”. When confronted with this, the Deputy Officer in Charge (OIC) of the Belu Police Headquarters denied any responsibility concerning Mr. Manek’s death, instead alleging that Mr. Manek was a drug addict, and fell in the bathroom, where he sustained a head injury which induced his coma.
The Belu Police authorities pressured Mr. Manek’s family into signing binding documents agreeing not to sue the Belu Police for Mr. Manek’s death, and also not to press for a post-mortem examination of Mr. Manek. Mr. Manek’s family later appealed to the East Nusa Tenggara Provincial Police to revoke these documents, and requested a formal investigative inquiry into Mr. Manek’s death.
On the February 2, 2006, the Chief of the Belu Resort Police passed a disciplinary sentence on four police officers allegedly responsible for Mr. Manek’s torture. Officer Muhammad Ramlah - believed to be the “ringleader” in this incident - was sentenced to 21 days imprisonment, while the three other officers were sentenced to 14 days imprisonment. It is important to make mention here, that these disciplinary sentences were made on the basis of “maltreatment” charges, as opposed to torture and indeed murder. Having completed their sentences, the said officers were reinstated in their prior positions, and have not been prosecuted any further.
Case Study: Mr. Marino
Mr. Marino, a 38 year old farmer, was brutally gunned down by officers of the Sukoharjo Mobile Police Unit on October 20, 2006, at his parents-in-law's home in Central Java. On the date of the said incident, brigadiers Sutrisno, Mulyono and Tupono were conducting raids on well-known local gambling haunts, when they spotted Mr. Marino transporting a diesel machine (which he used to irrigate his farm) by bicycle with his brother Widodo.
A local farmer and resident of the Muningan Village in the Sukoharjo district, Mr. Marino had been irrigating his farm and was travelling to his parents-in-law's home. The officers in question, for reasons still unexplained, pursued Mr. Marino and his brother, following them to the his parents-in-law's home. There, the officers accused Mr. Marino of being involved in the local underground gambling scene; charges which Mr. Marino vehemently denied. Brigadier officer Sutrisno then fired a warning shot into the air, before shooting Mr. Marino. Mr. Marino was rushed to the nearest hospital, where he succumbed to his injuries a few hours later. To date, no prosecutory action has been taken against the said officers.
These two cases are merely the tip of the iceberg of Indonesia’s record of human rights abuses committed by the police. The police are crucial intermediaries between the State and its people. Therefore, the collapse of the police as a legitimate source of law, order and social morality carries both micro- and macro-level repercussions for the stability of society itself.
Torture has become endemic in the existing system of law-enforcement in Indonesia and is the police’s “trump-card”. Cases of torture of criminal suspects, detainees, witnesses, the homeless and innocent persons hardly raise an eyebrow amongst the local masses, who have long grown accustomed to the Indonesian “method” of policing.
Indonesia’s most unconventional methods of detention of criminal suspects have come under heavy criticism from the local and international humanitarian community. Contrary to international standards, the police in Indonesia are able to detain a suspect for an extendable period of 20 days, and additionally, are under no obligation to produce the suspect before a Magistrate. If the suspect is sentenced to imprisonment of under nine years, the police can upon issuing a formal appeal to the Magistrate, detain the suspect for an additional period of 60 days, and 120 days if the suspect is sentenced to more than nine years imprisonment.
The unwarranted accusation and subsequent killing of innocent civilians by police officers who are willing to name and shame a person whom they know to be innocent for the sake of concluding an investigation, has also become part-and-parcel of system of law and order.
One of the most difficult tasks that any judicial system will inevitably be confronted with is the issue of ensuring that State institutions, agencies and actors are not immune to the very laws which they have been assigned to enforce and protect; a task at which Indonesia is failing miserably. Excusing State-actors of accountability seriously undermines public faith in the justice system and in the very legitimacy of the State itself. The existing system of law and order in Indonesia has created a “trickle-down” culture of corruption, chaos and social anarchy. By indulging in such reckless, lawless and brutish behaviour, officers of the police and the State are setting a poor example for citizens to follow. This begs the crucial question: if the State cannot adhere to the rule of law, how can one then expect citizens to?
Right to Redress: A fundamental, yet systematically denied right for many Indonesians
The question of torture is inevitably tied to the question of redress for the unfortunate victims of torture. Under the CAT, the right to redress for victims of torture is clearly enshrined as a fundamental right. It also clearly identifies redress as the sole responsibility of the State and State-systems. Yet again, the Indonesian Government has failed to deliver on this issue.
The problem of the lack of redress for victims of torture and other human rights abuses in Indonesia results from poor State mechanisms for processing, investigating and prosecuting human rights abuse cases. Particularly in cases involving police or military officers, any and all official complaints filed by either the victims or their families more often than not are stalled indefinitely, and rarely reach the courts. Intimidation of victims, witnesses and their families into withdrawing their complaints currently accompanies many, if not all human rights abuse cases in Indonesia.
Case Study: Mr. Rudi Sebastian
On August 16, 2006, Mr. Sebastian was arrested by officers of the Garut Attorney General Office and detained at the Garut Correctional Institution in the Garut district of West Java, where he was tortured by four correctional officers. Mr. Sebastian was at no point informed of the charges under which he was being arrested or detained. Mr. Sebastian suffered severe bodily bruising and injuries; sustaining two broken fingers, swelling of the eyes, hands and legs and was unable to walk. The next day, when Mr. Sebastian’s wife - Mrs. Imas Tini - visited him at the correctional institution, he identified his torturers as Ahmad Syarif, Nana, Catur and Oki. On August 22, 2006, Mrs. Imas Tini filed a formal complaint against the accused officers, but was threatened by the Chief of the Garut Correctional Institution, who allegedly said; “You could complain to the police. But we cannot guarantee Rudi’s life”. Undeterred, Mrs. Tini filed a formal complaint with the Resort Police of Garut. To date, despite a formal complaint, there has been no official investigation into Mr. Sebastian’s case.
The Truth and Reconciliation Commission Bill is a clear example of the insincerity of the Indonesian State in fulfilling its obligations under the CAT to grant its citizens equal access to avenues of redress in the event of the violation of their human rights. Established in 2004, the Truth and Reconciliation Commission Bill is widely condemned as the State’s attempt to whitewash its deplorable record of human rights-related crimes during the 1965-66 massacres. The Bill states that the victim’s forgiveness of their perpetrators is a mandatory condition for claiming State compensation for their physical and psychological grievances. By doing so, the victims are effectively sealing their perpetrators’ immunity from prosecution. Despite it being widely condemned by both local and international humanitarian organizations, activists and actors, the Indonesian government has made no amendments to the Bill.
Also at issue here, is the right of the victims (and their families) to be informed of the court verdict. At the present moment, under Indonesia’s judicial legislation, the official verdict passed by the court judge is made known only to the prosecutor and the defendant. In many prosecution cases, the victim has often learnt of the outcome of their case at the same time as the public.
Marginalization of the Minorities: A Recipe for Disaster
The UN Declaration on the Rights of Persons belonging to National or Ethnic, Religious or Linguistic Minorities and the Declaration on the Elimination of All Forms of Intolerance and of Discrimination Based on Religion or Belief clearly identify a person’s right to practice their chosen form of religion without fear of reprisal and discrimination, as well as the right of minorities in any given society to participation and representation within the State's democratic process. As a member of the UN Human Rights Council, the Indonesian government should incorporate these fundamental principles in its domestic legislation, and set up mechanisms to oversee the fulfillment of these rights for all its citizens. Although the Indonesian Constitution does acknowledge the rights of its citizens to their freedom to practice their chosen form of religion without fear of persecution, the realities on the ground show a very different picture.
Indonesia’s Muslim community comprises over 86% of the total population and enjoy the privileges of power commonly associated with a majority, whilst Islamic norms and values have primacy in Indonesian society. Currently, the Indonesian State only recognizes six major religions: Islam, Christianity, Catholicism, Buddhism, Hinduism and Confucianism. This sidelines the numerous other religious groups that exist in Indonesia. As a result, these groups and their members are marginalised, greatly narrowing the scope of their participation in public life.
Those wishing to marry in Indonesia must first complete a registration form which requires that the couple specify their religion. Those from minority religious groups that are not recognized by the Indonesian government must in many cases list themselves as Muslim and marry according to Islamic custom.
Islamized politics and political parties have seen a steady rise in recent years, and have undoubtedly impacted intra-religious affairs in Indonesia. In 1961, the government, which is heavily backed by Islamic political parties, made a public declaration in which they accused the Ahmadiyyahs, an Islamic minority group, of being heretics and “non- Muslims”. Their spreading of anti-Ahmadiyyah sentiments across the cross-section of orthodox Muslims is believed to have incited a spate of attacks against members of the Ahmadiyyah minority.
Case Study: Attacks on Ahmadiyyahs
Three houses owned by Ahmadiyyahs were attacked and vandalized by frenzied mobs of up to 100 people, and one Ahmaddiyyah follower sustained minor facial injuries in a religiously motivated attack in the Ketapang Village of West Lombok on October 19, 2005.
This was one of a series of intimidation attempts by the local orthodox Muslim community to drive the three resident Ahmadiyyah families out of the village before the commencement of Ramadan, the most important occasion in the Islamic calendar. In a similar act of religious hatred, a 400-strong mob of villagers attacked, vandalized and plundered a local Ahmadiyyah mosque, over 23 houses owned by Ahmadiyyah followers (11 of which were irreparably damaged), and 1 car owned by an Ahmadiyyah follower in the rural village of Cicakra in the Cianjur region of West Java on September 20, 2005. Arguably the most extensive attack against Ahmadiyyahs, took place on the 9th and 15th of July 2005, when a mob numbering in their thousands attacked an Ahmadiyyah settlement, torching it to the ground.
Similar attacks on Ahmadiyyah-owned property, including mosques, homes, schools, shops and vehicles, have been reported across Indonesia, from Kalimantan to Lombok. Alongside the problem of the attacks themselves, is the apathy and inactivity on the part of the Indonesian government and the police to protect the Ahmadiyyah community and
This was one of a series of intimidation attempts by the local orthodox Muslim community to drive the three resident Ahmadiyyah families out of the village before the commencement of Ramadan, the most important occasion in the Islamic calendar. In a similar act of religious hatred, a 400-strong mob of villagers attacked, vandalized and plundered a local Ahmadiyyah mosque, over 23 houses owned by Ahmadiyyah followers (11 of which were irreparably damaged), and 1 car owned by an Ahmadiyyah follower in the rural village of Cicakra in the Cianjur region of West Java on September 20, 2005. Arguably the most extensive attack against Ahmadiyyahs, took place on the 9th and 15th of July 2005, when a mob numbering in their thousands attacked an Ahmadiyyah settlement, torching it to the ground.
Similar attacks on Ahmadiyyah-owned property, including mosques, homes, schools, shops and vehicles, have been reported across Indonesia, from Kalimantan to Lombok. Alongside the problem of the attacks themselves, is the apathy and inactivity on the part of the Indonesian government and the police to protect the Ahmadiyyah community and other vulnerable minorities, and to prevent such attacks in the future. To date, the police have taken no action in conducting official investigations into any of the reported cases of discriminatory attacks against the Ahmadiyyah community, nor have they taken any prosecutory action against those persons involved in the attacks. This shows the complete failure on the part of the Indonesian State to protect its citizens, which is one of its most fundamental obligations.
Case Study: The Execution of three Catholic prisoners in Poso
Fabianus Tibo, Dominggus Da Silva and Don Marinus Riwu were executed by firing squad at an undisclosed location near Palu Mutiara Airport in the Poso region of Centra Sulawesi Province on September 22, 2006. Having been convicted in 2001 on charges of inciting a mass communal riot in Poso in 2000, which left over 200 Muslims dead (charges which the three prisoners vehemently denied up until the day of their death), local and international humanitarians and political commentators believe that their execution was driven by a heavily political agenda, in order to placate the agitated Muslim majority.
Having been postponed several times due to mounting international pressure, a final decision on the execution date was set following a meeting between Indonesian President Mr. Susilo Bambang Yudhoyono, and Central Sulawesi Police authorities. Despite the uncovering of substantial evidence confirming the prisoners’ innocence, the Supreme Court rejected appeals for a judicial review of the criminal case on the basis of the fact that under the Indonesian Constitution, a criminal case may only be reviewed once. During the process of their prosecutory trial, witnesses who could support the innocence of the defendants were barred from testifying before the Supreme Court. President Yudhoyono rejected the prisoners’ joint appeal for clemency twice - in November 2005 and later in May 2006.
Lessons that need to be Learnt: The way forward for Indonesia
In conclusion, the AHRC recommends that the Indonesian authorities implement the following recommendations:
1) The Indonesian government must undertake immediate reform to ensure consistency between international norms, standards and procedures and those followed at the domestic level. As a member of the UN Human Rights Council, and as a State-party to the CAT, ICCPR and ICESCR and other such UN conventions, the Indonesian government is bound by obligation to protect, maintain and enforce the fundamental human rights enshrined in these instruments. This can only be achieved by developing domestic legislation that directly corresponds with international human rights laws and standards to which the country is party.
With regard to the rule of law, the key lies with the existing domestic Penal Code (KUHAP) in Indonesia. The AHRC recommends that the Indonesian government make immediate amendments to the existing Penal Code. A key point of reform is the current domestic definition of torture that does not differentiate between torture and maltreatment between undermines a fundamental qualitative aspect of the CAT with regard to torture; that it is a gross human rights violation of the highest order, committed by officers of the State. Therefore, the Indonesian government urgently needs to revise its definition of torture to directly correspond with that stipulated in the CAT. The government must introduce mechanisms under which cases of torture can be speedily and effectively reported, investigated and prosecuted.
In addition, the existing draft of the Witness and Victim’s Protection Bill must urgently be revised to provide witness/victim protection to all persons who require it. The existing Bill which prescribes that a person’s eligibility for witness/victim protection must be decided by a State-appointed commissioner is in clear violation of the ICCPR, to which the Indonesia is a State-party. Under the ICCPR, equal access to witness/victim protection is clearly identified as a fundamental civil and political right.
2) The unbridled power of the military and the police in Indonesia is a serious cause for concern. It is evident from the case studies included in this report, that the crisis of the rule of law is inextricably linked to the collapse of the police and other institutions of the rule of law as legitimate law-enforcement authorities and sources of communal morality. There can be no rule of law in Indonesia, or indeed anywhere, when officers of the State routinely abuse and remain immune to the very laws that they have been appointed to enforce and protect. By taking prosecutory action against those police and military officers who have demonstrated a total disregard and indifference to the rule of law through their human rights violations, the Indonesian government will be sending a clear message to both its citizens and its officers alike: let no-one be immune before the law.
A transparent system of justice is crucial to reaffirming the legitimacy of any State. This is a critical requirement for the Indonesian State. The current use of military courts and the pattern of selectively adhering to domestic judicial legislation and procedures is a clear step in the wrong direction. Therefore, the AHRC strongly recommends that the Indonesian government review this matter, and clip the wings of the military by making it mandatory that criminal cases in which military officers have been charged with abuses against civilians be tried in the Court of General Jurisdiction. Moreover, the Indonesian government should take appropriate disciplinary action against military officers who refuse to comply with the State authorities and judicial procedures and official investigations.
3) The right to redress and compensation for grievances inflicted by the State is a fundamental principle of the CAT, to which Indonesia is party. Therefore, the fact that over 90% of torture cases reported in Indonesia do not result in a conviction is simply
unacceptable.
In addressing this issue, the Indonesian government must first amend its existing legislative definition of torture (as mentioned previously) to acknowledge the gravity and nature of the crime, and also introduce effective and efficient mechanisms for processing, investigating and prosecuting human rights abuse cases.
This also relates to the issue of adequate victim and/or witness protection, as intimidation of victims, witnesses and their families into \n withdrawing their complaint and/or testimony accompanies many, if not all human rights abuse cases in Indonesia. The Indonesian government must take immediate measures to create a supportive and protective environment for victims of torture and other human rights-related abuses. This is a necessary step towards ensuring redress.
In the event that a torture case is taken to court, it is the fundamental right of the victim to be informed of the case verdict when and as it is decided. Under the present Indonesian Constitution, the official verdict passed by the court judge is made known only to the prosecutor and the defendant. This is in urgent need of reform.
The Truth and Reconciliation Commission Bill of 2004 is a mockery of justice, and must be abolished without further ado. That a victim must first forgive the perpetrator, and by doing so, effectively grant them prosecutory immunity before being able to claim compensation is farcical. As a member of the UN Human Rights Council, the Indonesian government is under strict obligation to address the issue of human rights violations committed under its jurisdiction, and more importantly, to take appropriate disciplinary action against State-agents found to have committed these violations. By continuing to neglect the issue of the human rights atrocities committed during the 1965-66 massacres, the Indonesian State risks losing its international credibility.
4) Indonesia’s religious minorities have long been neglected by the government. By failing to acknowledge these religious minorities, the Indonesian government is effectively actively participating in their social marginalization and vulnerability. The AHRC strongly urges President Yudoyono to immediately publicly condemn the recent and ongoing spate of attacks against members of the Ahmadiyyah minority, and bring the perpetrators of these attacks to justice.
The AHRC strongly urges the Indonesian government to acknowledge the Ahmadiyyahs and other religious minorities as legitimate religions of Indonesia, so that they too may participate in public life and civil society as equal citizens.
5) The AHRC strongly urges President Yudoyono and his government to press for an official judicial review of the recent acquittal of prime suspect Mr. Pollycarpus Budihari Priyanto in the murder trial of the late Mr. Munir Said Thalib. Despite the recent uncovering of new and conclusive evidence showing a complex and carefully orchestrated political conspiracy of murder, the Attorney General and the Chief of National Police have shown no intention to conduct further investigative inquiries, which, in light of the recent findings, is the only appropriate course of action.
Therefore, the AHRC requests that further investigations be conducted into Mr. Munir’s murder in light of these recent findings. That more than one person was responsible for orchestrating Mr. Munir’s murder is evident, therefore, the refusal to comply and cooperate with official criminal investigative procedure on the part of officers of the State Intelligentsia (BIN) must not be tolerated.
In addition, the AHRC is concerned by the Indonesian government’s response to UN Special Rapporteur on Extra-Judicial, Summary or Arbitrary Executions, Mr. Philip Alston’s attempts at international intervention in the matter. Chief of National Police, General Sutanto’s statement that he would under no circumstances allow international (particularly UN) involvement in police investigations into Mr. Munir’s murder severely undermines the international credibility of the Indonesian State. It is the strong opinion of the AHRC that the international community should be included in ongoing investigations, due to the State's obvious failure to carry out an impartial investigation and prosecution in this case.
December 21, 2006
19/F, Go-Up Commercial Building,
998 Canton Road, Kowloon, Hong Kong, China
INDONESIA: The Human Rights Situation in 2006
Asia has hardly been the poster-child for Human Rights; in fact, its track-record of human rights violations has grown progressively worse over recent years. Indonesia is no exception. Government conspiracies and corruption, police brutality, judicial apathy, civil unrest and state-sanctioned torture have become a routine reality in In this report, we will highlight and explore in-depth some of the key fundamental issues that underlie the current crisis in Indonesia. By examining recent events in the broader context of this institutional crisis, which is holding the country in deadlock, we can begin to make some leeway in understanding the magnitude of the problem at hand, and what can and must be done to rectify it.
MURDER OF A MARTYR: Recent developments in the Munir Murder Case
The assassination of renowned Indonesian human rights defender, Mr. Munir Said Thalib, and the subsequent highly dubious investigations and paper-thin prosecution offers an opportune analytical starting-point in gauging the current climate of State politics and stability in Indonesia.
The theatrical court prosecution of the case came to a dramatic conclusion, when on October 3, 2006, the Panel of Judges of the Supreme Court in Jakarta returned with a verdict of ‘Not Guilty’ in the criminal case against prime suspect, Garuda Airways Pilot Pollycarpus Budihari Priyanto on the charge of premeditated murder. Mr. Pollycarpus was however found guilty of falsifying the Garuda Airways work roster, and was sentenced to two years imprisonment.
Although hardly surprising, considering the high political stakes involved in the said criminal trial, the Supreme Court’s ruling blatantly overlooked the findings of an evaluational examination conducted by the Central Jakarta District Court and the Jakarta High Court between the 20th - 23rd May 2006, which exposed the shoddy standards of application of domestic legislation and judicial procedure in the criminal investigations into Mr. Munir’s murder.
The examination findings also made direct reference to a letter signed by primary witnesses, Ramelgia Anwar (Vice Corporate of Security for Garuda Airways) and Indra Setiawan (Director of Garuda Airways), instructing Mr. Pollycarpus to travel aboard the 974 flight to Amsterdam, in which Mr. Munir would be travelling. Additionally, it was found that Mr. Pollycarpus had been in almost constant contact with Major-General Muchdi PR (Deputy of the Badan Intelijen Negera (BIN), a State Intelligence Body) prior to travelling aboard the said flight. Records show that Mr. Pollycarpus made over 41 calls to Mr. Muchdi’s mobile phone, his home telephone, as well as at his office at BIN. Despite the documenting of what is undoubtedly damning evidence of a complex and carefully politically-orchestrated conspiracy, the Attorney General and the National Police have shown no intention to conduct further investigative inquiries in light of these findings.
The Supreme Court’s ruling was met with moral outrage by the late Mr. Munir’s grieving family, colleagues and far-reaching support base. The Committee on Solidarity for Munir, by far the most vocal of political pressure groups in Indonesia, held a press conference on October 5, 2006, in which they openly challenged the competency of the Indonesian judiciary, police and parliament.
Mr. Munir’s family and supporters, who continue to be subjected to threats, intimidation and extreme harassment by police and political agents alike, recently filed a 13 billion Rupiah (US$1.4 million dollar) lawsuit against Garuda Airways for the death of Mr. Munir.
In a very recent development, Mr. Munir’s widow, Mrs. Suciwati, met with Mr. Philip Alston, UN Special Rapporteur on Extra-Judicial, Summary, or Arbitrary Executions in, appealing that he lead an official UN intervention and investigative inquiry into Mr. Munir’s murder. This was met with outright indignation by Indonesian political and police authorities alike.
Chief of National Police, General Sutanto, vehemently stated that he would under no circumstances allow international (particularly UN) involvement in police investigations; “This is our sovereignty…we want no foreigners interfering in the process”, but added that international assistance in the form of technical support (e.g.: loaning their DNA testing services) was preferred.
Defense Minister, Dr. Juwono Sudarsono also stated that while the genuine concern, interest and sincere advice of foreign governments and international humanitarian bodies was welcome, “...We don’t need international intervention…our own legal systems can handle this”. It is not clear whether this decision could effectively mean that Mr. Alston will be denied entry to Indonesia.
Such a move by the Indonesian Government in the face of mounting international pressure following Mr. Pollycarpus Priyanto’s acquittal could seriously undermine the credibility of the Indonesian State, notably with regard to its membership in the UN Human Rights Council.
DIAGNOSING THE DISEASE: Breaking down the problem of Indonesia’s institutional failure
Mr. Munir’s murder and the subsequent series of events offer a telling insight into the desperate situation in which the fundamental principles of justice and human rights finds themselves in Indonesia. If this is “justice” for one of Indonesia’s most prominent public citizens, one can only imagine what is available to ordinary Indonesian citizens. The AHRC is of the view that the rule of law is fundamental to the maintenance of a stable society and the fundamental principles of human rights within that society, and that the current and prevailing predicament that has long characterized the highly volatile Asian region can be traced to the near total collapse of the rule of law in many Asian nations.
In the case of Indonesia, we will present this predicament issue by issue, as follows:
International Convention vs. Domestic Legislation
The overarching obstacle to any form of rule of law in Indonesia, and indeed in wider Asia, is the ever-expanding vacuum between the norms and standards embodied in international conventions, and those put into practice at the domestic legislative level. A recently elected member to the UN Human Rights Council in May of 2006, and a State party to the UN Convention against Torture (CAT), the International Covenant on Civil and Political Rights (ICCPR) and the International Covenant on Economic, Social and Cultural Rights (ICESR), Indonesia has often been accused of paying lip service to international institutions and bodies of authority (namely the UN), while simultaneously and systematically failing to fulfil its fundamental obligations to its people.
According to the European Court of Human Rights, the CAT convention is a “living instrument which must be interpreted in the light of present-day conditions”; it is here where the underlying root-cause of the problem lies. A major point of contention and heated debate concerns the failure of the Indonesian government to accommodate the fundamental principles of the CAT in domestic legislation, and the establishment of a systematic mechanism through which these principles may be translated into practice - eight years after having ratified the said convention.
Despite its three primary courts of law: the Court of General Jurisdiction; the Military Court; and the more recently established Human Rights Court, the pursuit of justice still remains a distant prospect for many Indonesians.
The existing Indonesian Penal Code (KUHP) and the Law of Criminal Procedure (KUHAP) does not explicitly employ the term ‘torture’ in its legislative literature, instead opting for the much milder term ‘maltreatment’. However close in definition, ‘maltreatment’ does not equate to torture before a court of law, and therefore cannot be prosecuted as such. More importantly, it does not take into consideration human rights violations committed by State-agents; a key qualitative aspect of the international definition of torture under the CAT. The UN Committee against Torture stated on this matter that: “The special nature of torture would be masked by classing torture together with traditional terms such as mistreatment or abuse of authority. And while torture is certainly covered, to a large extent, by national terms, there is one important difference. A substantial characteristic of torture is that the actions are performed by the State. Bringing torture under the traditional national and provisions would damage an important qualitative and distinguishing aspect of torture”.
The core cause of the current crisis of the rule of law in Indonesia, particularly with regard to torture and other human rights violations, is that the existing laws in Indonesia are not self-executing. They remain abstract concepts on paper, unfulfilled in practice. The responsibility for this largely lies in the hands of Indonesia’s collapsed prosecution system.
Much hope was pinned on the establishment of the Human Rights Court in 2000, initially established - largely due to international pressure - to address the atrocious record of human rights violations committed by the Indonesian government and military in the build-up to East Timor’s independence in 1999.
Seven years on, and all hopes have faded. What was once seen as a monumental step forward has actually proved itself to be two steps back. The definition of a human rights violation according to the Human Rights Court has been stretched so tight, that its current criteria for deciding the eligibility of a case for prosecution is based solely on the fact of whether it is part of an organized and systematic project of mass genocide. As a result, the vast majority of cases of torture and other human rights violations committed by State-agents in Indonesia which do not occur under genocidal circumstances, go unprosecuted and unpunished.
The Military Court has been suggested by some to bear the disturbing characteristics of the highly despotic culture of the New Order Regime, which was overturned in 1998. By virtue of Article 9[a] of Law 31/1997, any military officer charged with a criminal offense has the right to demand to be tried by a military court, which consists of their superiors. The process of prosecution within a military court is a behind-closed-doors affair, and often overrides any and all decisions made by either the Court of General Jurisdiction or the Human Rights Court.
The status of the military in Indonesia could be said to be that of a dictatorship. It has become somewhat of an acknowledged fact of the Indonesian brand of “justice”, that military officers and personnel are able to skirt around the law, and evade any accountability whatsoever for their actions before courts of law, even going so far as to point-blank refuse to cooperate with investigations. In fact, public fear of the military in Indonesia is so great that they very openly intimidate, bribe, blackmail, harass and threaten (often with death) the victims and their families, trial witnesses, independent investigators, human rights activists, and even the prosecution and judges themselves. It is a well known fact that many public prosecutors are highly reluctant to take on criminal cases involving military officers or personnel, and it has been known for prosecutors to deliberately lose their cases for fear of the repercussions of a victory against Indonesia’s ever-powerful military.
Despite the recent passing of a Witness and Victims’ Protection Bill by the Indonesian parliament, it will be another year (possibly longer) before the law is officiated and put into practice. However, human rights activists and organizations have expressed their concern over the content of this new law, which prescribes that a person’s eligibility for witness/victim protection will be assessed and decided by a State-appointed commissioner. This is a clear violation of the obligations of the Indonesian government under the ICCPR, which identifies equal access to witness/victim protection as a fundamental civil and political right. At present, the lack of an established system of protection and support has left victims and trial witnesses vulnerable to intimidation, harassment, and even violence.
Therefore, given the circumstances, it is hardly surprising that many succumb to accepting bribes, or choose to settle their cases out of the courtroom as opposed to gambling on the evidently collapsed and completely ineffective system of law and order in Indonesia.
Police Torture: An Epidemic out of Control
Torture is at the top of Indonesia’s lengthy record of human rights violations, and is fast becoming an epidemic. Ironically enough, it is the law-enforcement authorities who more often than not are responsible for the violation of the very laws and principles\n that they have been assigned to protect.
The collapse of the rule of law in Indonesia can be directly traced to the collapse of the police as a legitimate law-enforcement authority. The relatively recent separation of the police from under the authority of the military has meant that for the first time, police officers could be held accountable before the Court of General Jurisdiction. This was Criminal Procedure Code was speedily amended to prohibit the prosecution of any criminal case that has not been subject to an official police investigation and inquiry, including in prosecution cases against police officers themselves. The implications of this amendment effectively mean that the police are able to block, stall and even discontinue any and all investigative inquiries and disciplinary actions made against their officers. The realities of this are that the police and the military in Indonesia currently enjoy privileges of power that even the Government are not privy to. In fact, one could even argue that their level of power is gradually resembling that of a dictatorship, much in the style of former President and despot, General Suharto. Despite their functioning independently from each other, the police nevertheless continue to employ highly militaristic methods of discipline, whilst the military continue to play a significant role in the maintenance and enforcement of public law and order.
Case Study: Mr. Yupiter Manek
Mr. Yupiter Manek was arrested and kept in detention by officers of the Belu Resort Police on December 18, 2005 on charges of sexual harassment of a young female employee of a local department store. Mr. Manek was subsequently tortured by Belu Police officers, and on December 23, 2005, slipped into a coma. After having been admitted to the nearest hospital, and with his family at his bedside, Mr. Manek succumbed to his injuries at 12:30 pm on the same day.
According to members of his family, Mr. Manek’s body was severely bruised and swollen, and inside his trouser pocket, they found a cigarette pack on which was written, “Uncle, Father, Mother, Minggus, Eta, Jum, Igung, (I) was butchered by the Belu Resort Police”. When confronted with this, the Deputy Officer in Charge (OIC) of the Belu Police Headquarters denied any responsibility concerning Mr. Manek’s death, instead alleging that Mr. Manek was a drug addict, and fell in the bathroom, where he sustained a head injury which induced his coma.
The Belu Police authorities pressured Mr. Manek’s family into signing binding documents agreeing not to sue the Belu Police for Mr. Manek’s death, and also not to press for a post-mortem examination of Mr. Manek. Mr. Manek’s family later appealed to the East Nusa Tenggara Provincial Police to revoke these documents, and requested a formal investigative inquiry into Mr. Manek’s death.
On the February 2, 2006, the Chief of the Belu Resort Police passed a disciplinary sentence on four police officers allegedly responsible for Mr. Manek’s torture. Officer Muhammad Ramlah - believed to be the “ringleader” in this incident - was sentenced to 21 days imprisonment, while the three other officers were sentenced to 14 days imprisonment. It is important to make mention here, that these disciplinary sentences were made on the basis of “maltreatment” charges, as opposed to torture and indeed murder. Having completed their sentences, the said officers were reinstated in their prior positions, and have not been prosecuted any further.
Case Study: Mr. Marino
Mr. Marino, a 38 year old farmer, was brutally gunned down by officers of the Sukoharjo Mobile Police Unit on October 20, 2006, at his parents-in-law's home in Central Java. On the date of the said incident, brigadiers Sutrisno, Mulyono and Tupono were conducting raids on well-known local gambling haunts, when they spotted Mr. Marino transporting a diesel machine (which he used to irrigate his farm) by bicycle with his brother Widodo.
A local farmer and resident of the Muningan Village in the Sukoharjo district, Mr. Marino had been irrigating his farm and was travelling to his parents-in-law's home. The officers in question, for reasons still unexplained, pursued Mr. Marino and his brother, following them to the his parents-in-law's home. There, the officers accused Mr. Marino of being involved in the local underground gambling scene; charges which Mr. Marino vehemently denied. Brigadier officer Sutrisno then fired a warning shot into the air, before shooting Mr. Marino. Mr. Marino was rushed to the nearest hospital, where he succumbed to his injuries a few hours later. To date, no prosecutory action has been taken against the said officers.
These two cases are merely the tip of the iceberg of Indonesia’s record of human rights abuses committed by the police. The police are crucial intermediaries between the State and its people. Therefore, the collapse of the police as a legitimate source of law, order and social morality carries both micro- and macro-level repercussions for the stability of society itself.
Torture has become endemic in the existing system of law-enforcement in Indonesia and is the police’s “trump-card”. Cases of torture of criminal suspects, detainees, witnesses, the homeless and innocent persons hardly raise an eyebrow amongst the local masses, who have long grown accustomed to the Indonesian “method” of policing.
Indonesia’s most unconventional methods of detention of criminal suspects have come under heavy criticism from the local and international humanitarian community. Contrary to international standards, the police in Indonesia are able to detain a suspect for an extendable period of 20 days, and additionally, are under no obligation to produce the suspect before a Magistrate. If the suspect is sentenced to imprisonment of under nine years, the police can upon issuing a formal appeal to the Magistrate, detain the suspect for an additional period of 60 days, and 120 days if the suspect is sentenced to more than nine years imprisonment.
The unwarranted accusation and subsequent killing of innocent civilians by police officers who are willing to name and shame a person whom they know to be innocent for the sake of concluding an investigation, has also become part-and-parcel of system of law and order.
One of the most difficult tasks that any judicial system will inevitably be confronted with is the issue of ensuring that State institutions, agencies and actors are not immune to the very laws which they have been assigned to enforce and protect; a task at which Indonesia is failing miserably. Excusing State-actors of accountability seriously undermines public faith in the justice system and in the very legitimacy of the State itself. The existing system of law and order in Indonesia has created a “trickle-down” culture of corruption, chaos and social anarchy. By indulging in such reckless, lawless and brutish behaviour, officers of the police and the State are setting a poor example for citizens to follow. This begs the crucial question: if the State cannot adhere to the rule of law, how can one then expect citizens to?
Right to Redress: A fundamental, yet systematically denied right for many Indonesians
The question of torture is inevitably tied to the question of redress for the unfortunate victims of torture. Under the CAT, the right to redress for victims of torture is clearly enshrined as a fundamental right. It also clearly identifies redress as the sole responsibility of the State and State-systems. Yet again, the Indonesian Government has failed to deliver on this issue.
The problem of the lack of redress for victims of torture and other human rights abuses in Indonesia results from poor State mechanisms for processing, investigating and prosecuting human rights abuse cases. Particularly in cases involving police or military officers, any and all official complaints filed by either the victims or their families more often than not are stalled indefinitely, and rarely reach the courts. Intimidation of victims, witnesses and their families into withdrawing their complaints currently accompanies many, if not all human rights abuse cases in Indonesia.
Case Study: Mr. Rudi Sebastian
On August 16, 2006, Mr. Sebastian was arrested by officers of the Garut Attorney General Office and detained at the Garut Correctional Institution in the Garut district of West Java, where he was tortured by four correctional officers. Mr. Sebastian was at no point informed of the charges under which he was being arrested or detained. Mr. Sebastian suffered severe bodily bruising and injuries; sustaining two broken fingers, swelling of the eyes, hands and legs and was unable to walk. The next day, when Mr. Sebastian’s wife - Mrs. Imas Tini - visited him at the correctional institution, he identified his torturers as Ahmad Syarif, Nana, Catur and Oki. On August 22, 2006, Mrs. Imas Tini filed a formal complaint against the accused officers, but was threatened by the Chief of the Garut Correctional Institution, who allegedly said; “You could complain to the police. But we cannot guarantee Rudi’s life”. Undeterred, Mrs. Tini filed a formal complaint with the Resort Police of Garut. To date, despite a formal complaint, there has been no official investigation into Mr. Sebastian’s case.
The Truth and Reconciliation Commission Bill is a clear example of the insincerity of the Indonesian State in fulfilling its obligations under the CAT to grant its citizens equal access to avenues of redress in the event of the violation of their human rights. Established in 2004, the Truth and Reconciliation Commission Bill is widely condemned as the State’s attempt to whitewash its deplorable record of human rights-related crimes during the 1965-66 massacres. The Bill states that the victim’s forgiveness of their perpetrators is a mandatory condition for claiming State compensation for their physical and psychological grievances. By doing so, the victims are effectively sealing their perpetrators’ immunity from prosecution. Despite it being widely condemned by both local and international humanitarian organizations, activists and actors, the Indonesian government has made no amendments to the Bill.
Also at issue here, is the right of the victims (and their families) to be informed of the court verdict. At the present moment, under Indonesia’s judicial legislation, the official verdict passed by the court judge is made known only to the prosecutor and the defendant. In many prosecution cases, the victim has often learnt of the outcome of their case at the same time as the public.
Marginalization of the Minorities: A Recipe for Disaster
The UN Declaration on the Rights of Persons belonging to National or Ethnic, Religious or Linguistic Minorities and the Declaration on the Elimination of All Forms of Intolerance and of Discrimination Based on Religion or Belief clearly identify a person’s right to practice their chosen form of religion without fear of reprisal and discrimination, as well as the right of minorities in any given society to participation and representation within the State's democratic process. As a member of the UN Human Rights Council, the Indonesian government should incorporate these fundamental principles in its domestic legislation, and set up mechanisms to oversee the fulfillment of these rights for all its citizens. Although the Indonesian Constitution does acknowledge the rights of its citizens to their freedom to practice their chosen form of religion without fear of persecution, the realities on the ground show a very different picture.
Indonesia’s Muslim community comprises over 86% of the total population and enjoy the privileges of power commonly associated with a majority, whilst Islamic norms and values have primacy in Indonesian society. Currently, the Indonesian State only recognizes six major religions: Islam, Christianity, Catholicism, Buddhism, Hinduism and Confucianism. This sidelines the numerous other religious groups that exist in Indonesia. As a result, these groups and their members are marginalised, greatly narrowing the scope of their participation in public life.
Those wishing to marry in Indonesia must first complete a registration form which requires that the couple specify their religion. Those from minority religious groups that are not recognized by the Indonesian government must in many cases list themselves as Muslim and marry according to Islamic custom.
Islamized politics and political parties have seen a steady rise in recent years, and have undoubtedly impacted intra-religious affairs in Indonesia. In 1961, the government, which is heavily backed by Islamic political parties, made a public declaration in which they accused the Ahmadiyyahs, an Islamic minority group, of being heretics and “non- Muslims”. Their spreading of anti-Ahmadiyyah sentiments across the cross-section of orthodox Muslims is believed to have incited a spate of attacks against members of the Ahmadiyyah minority.
Case Study: Attacks on Ahmadiyyahs
Three houses owned by Ahmadiyyahs were attacked and vandalized by frenzied mobs of up to 100 people, and one Ahmaddiyyah follower sustained minor facial injuries in a religiously motivated attack in the Ketapang Village of West Lombok on October 19, 2005.
This was one of a series of intimidation attempts by the local orthodox Muslim community to drive the three resident Ahmadiyyah families out of the village before the commencement of Ramadan, the most important occasion in the Islamic calendar. In a similar act of religious hatred, a 400-strong mob of villagers attacked, vandalized and plundered a local Ahmadiyyah mosque, over 23 houses owned by Ahmadiyyah followers (11 of which were irreparably damaged), and 1 car owned by an Ahmadiyyah follower in the rural village of Cicakra in the Cianjur region of West Java on September 20, 2005. Arguably the most extensive attack against Ahmadiyyahs, took place on the 9th and 15th of July 2005, when a mob numbering in their thousands attacked an Ahmadiyyah settlement, torching it to the ground.
Similar attacks on Ahmadiyyah-owned property, including mosques, homes, schools, shops and vehicles, have been reported across Indonesia, from Kalimantan to Lombok. Alongside the problem of the attacks themselves, is the apathy and inactivity on the part of the Indonesian government and the police to protect the Ahmadiyyah community and
This was one of a series of intimidation attempts by the local orthodox Muslim community to drive the three resident Ahmadiyyah families out of the village before the commencement of Ramadan, the most important occasion in the Islamic calendar. In a similar act of religious hatred, a 400-strong mob of villagers attacked, vandalized and plundered a local Ahmadiyyah mosque, over 23 houses owned by Ahmadiyyah followers (11 of which were irreparably damaged), and 1 car owned by an Ahmadiyyah follower in the rural village of Cicakra in the Cianjur region of West Java on September 20, 2005. Arguably the most extensive attack against Ahmadiyyahs, took place on the 9th and 15th of July 2005, when a mob numbering in their thousands attacked an Ahmadiyyah settlement, torching it to the ground.
Similar attacks on Ahmadiyyah-owned property, including mosques, homes, schools, shops and vehicles, have been reported across Indonesia, from Kalimantan to Lombok. Alongside the problem of the attacks themselves, is the apathy and inactivity on the part of the Indonesian government and the police to protect the Ahmadiyyah community and other vulnerable minorities, and to prevent such attacks in the future. To date, the police have taken no action in conducting official investigations into any of the reported cases of discriminatory attacks against the Ahmadiyyah community, nor have they taken any prosecutory action against those persons involved in the attacks. This shows the complete failure on the part of the Indonesian State to protect its citizens, which is one of its most fundamental obligations.
Case Study: The Execution of three Catholic prisoners in Poso
Fabianus Tibo, Dominggus Da Silva and Don Marinus Riwu were executed by firing squad at an undisclosed location near Palu Mutiara Airport in the Poso region of Centra Sulawesi Province on September 22, 2006. Having been convicted in 2001 on charges of inciting a mass communal riot in Poso in 2000, which left over 200 Muslims dead (charges which the three prisoners vehemently denied up until the day of their death), local and international humanitarians and political commentators believe that their execution was driven by a heavily political agenda, in order to placate the agitated Muslim majority.
Having been postponed several times due to mounting international pressure, a final decision on the execution date was set following a meeting between Indonesian President Mr. Susilo Bambang Yudhoyono, and Central Sulawesi Police authorities. Despite the uncovering of substantial evidence confirming the prisoners’ innocence, the Supreme Court rejected appeals for a judicial review of the criminal case on the basis of the fact that under the Indonesian Constitution, a criminal case may only be reviewed once. During the process of their prosecutory trial, witnesses who could support the innocence of the defendants were barred from testifying before the Supreme Court. President Yudhoyono rejected the prisoners’ joint appeal for clemency twice - in November 2005 and later in May 2006.
Lessons that need to be Learnt: The way forward for Indonesia
In conclusion, the AHRC recommends that the Indonesian authorities implement the following recommendations:
1) The Indonesian government must undertake immediate reform to ensure consistency between international norms, standards and procedures and those followed at the domestic level. As a member of the UN Human Rights Council, and as a State-party to the CAT, ICCPR and ICESCR and other such UN conventions, the Indonesian government is bound by obligation to protect, maintain and enforce the fundamental human rights enshrined in these instruments. This can only be achieved by developing domestic legislation that directly corresponds with international human rights laws and standards to which the country is party.
With regard to the rule of law, the key lies with the existing domestic Penal Code (KUHAP) in Indonesia. The AHRC recommends that the Indonesian government make immediate amendments to the existing Penal Code. A key point of reform is the current domestic definition of torture that does not differentiate between torture and maltreatment between undermines a fundamental qualitative aspect of the CAT with regard to torture; that it is a gross human rights violation of the highest order, committed by officers of the State. Therefore, the Indonesian government urgently needs to revise its definition of torture to directly correspond with that stipulated in the CAT. The government must introduce mechanisms under which cases of torture can be speedily and effectively reported, investigated and prosecuted.
In addition, the existing draft of the Witness and Victim’s Protection Bill must urgently be revised to provide witness/victim protection to all persons who require it. The existing Bill which prescribes that a person’s eligibility for witness/victim protection must be decided by a State-appointed commissioner is in clear violation of the ICCPR, to which the Indonesia is a State-party. Under the ICCPR, equal access to witness/victim protection is clearly identified as a fundamental civil and political right.
2) The unbridled power of the military and the police in Indonesia is a serious cause for concern. It is evident from the case studies included in this report, that the crisis of the rule of law is inextricably linked to the collapse of the police and other institutions of the rule of law as legitimate law-enforcement authorities and sources of communal morality. There can be no rule of law in Indonesia, or indeed anywhere, when officers of the State routinely abuse and remain immune to the very laws that they have been appointed to enforce and protect. By taking prosecutory action against those police and military officers who have demonstrated a total disregard and indifference to the rule of law through their human rights violations, the Indonesian government will be sending a clear message to both its citizens and its officers alike: let no-one be immune before the law.
A transparent system of justice is crucial to reaffirming the legitimacy of any State. This is a critical requirement for the Indonesian State. The current use of military courts and the pattern of selectively adhering to domestic judicial legislation and procedures is a clear step in the wrong direction. Therefore, the AHRC strongly recommends that the Indonesian government review this matter, and clip the wings of the military by making it mandatory that criminal cases in which military officers have been charged with abuses against civilians be tried in the Court of General Jurisdiction. Moreover, the Indonesian government should take appropriate disciplinary action against military officers who refuse to comply with the State authorities and judicial procedures and official investigations.
3) The right to redress and compensation for grievances inflicted by the State is a fundamental principle of the CAT, to which Indonesia is party. Therefore, the fact that over 90% of torture cases reported in Indonesia do not result in a conviction is simply
unacceptable.
In addressing this issue, the Indonesian government must first amend its existing legislative definition of torture (as mentioned previously) to acknowledge the gravity and nature of the crime, and also introduce effective and efficient mechanisms for processing, investigating and prosecuting human rights abuse cases.
This also relates to the issue of adequate victim and/or witness protection, as intimidation of victims, witnesses and their families into \n withdrawing their complaint and/or testimony accompanies many, if not all human rights abuse cases in Indonesia. The Indonesian government must take immediate measures to create a supportive and protective environment for victims of torture and other human rights-related abuses. This is a necessary step towards ensuring redress.
In the event that a torture case is taken to court, it is the fundamental right of the victim to be informed of the case verdict when and as it is decided. Under the present Indonesian Constitution, the official verdict passed by the court judge is made known only to the prosecutor and the defendant. This is in urgent need of reform.
The Truth and Reconciliation Commission Bill of 2004 is a mockery of justice, and must be abolished without further ado. That a victim must first forgive the perpetrator, and by doing so, effectively grant them prosecutory immunity before being able to claim compensation is farcical. As a member of the UN Human Rights Council, the Indonesian government is under strict obligation to address the issue of human rights violations committed under its jurisdiction, and more importantly, to take appropriate disciplinary action against State-agents found to have committed these violations. By continuing to neglect the issue of the human rights atrocities committed during the 1965-66 massacres, the Indonesian State risks losing its international credibility.
4) Indonesia’s religious minorities have long been neglected by the government. By failing to acknowledge these religious minorities, the Indonesian government is effectively actively participating in their social marginalization and vulnerability. The AHRC strongly urges President Yudoyono to immediately publicly condemn the recent and ongoing spate of attacks against members of the Ahmadiyyah minority, and bring the perpetrators of these attacks to justice.
The AHRC strongly urges the Indonesian government to acknowledge the Ahmadiyyahs and other religious minorities as legitimate religions of Indonesia, so that they too may participate in public life and civil society as equal citizens.
5) The AHRC strongly urges President Yudoyono and his government to press for an official judicial review of the recent acquittal of prime suspect Mr. Pollycarpus Budihari Priyanto in the murder trial of the late Mr. Munir Said Thalib. Despite the recent uncovering of new and conclusive evidence showing a complex and carefully orchestrated political conspiracy of murder, the Attorney General and the Chief of National Police have shown no intention to conduct further investigative inquiries, which, in light of the recent findings, is the only appropriate course of action.
Therefore, the AHRC requests that further investigations be conducted into Mr. Munir’s murder in light of these recent findings. That more than one person was responsible for orchestrating Mr. Munir’s murder is evident, therefore, the refusal to comply and cooperate with official criminal investigative procedure on the part of officers of the State Intelligentsia (BIN) must not be tolerated.
In addition, the AHRC is concerned by the Indonesian government’s response to UN Special Rapporteur on Extra-Judicial, Summary or Arbitrary Executions, Mr. Philip Alston’s attempts at international intervention in the matter. Chief of National Police, General Sutanto’s statement that he would under no circumstances allow international (particularly UN) involvement in police investigations into Mr. Munir’s murder severely undermines the international credibility of the Indonesian State. It is the strong opinion of the AHRC that the international community should be included in ongoing investigations, due to the State's obvious failure to carry out an impartial investigation and prosecution in this case.
December 21, 2006
HRW: Indonesia's Human Rights Report 2006
Human Rights Watch
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Indonesia
Events of 2006
In February 2006 Indonesia acceded to the International Covenant on Civil and Political Rights (ICCPR) and International Covenant on Economic, Social, and Cultural Rights (ICESCR). But those new commitments were not accompanied by any immediate improvement in human rights practices. Continuing areas of concern in Indonesia include impunity for past human rights violations, the slow pace of military reform, conditions in Papua, imposition of the death penalty, and infringements on freedom of expression and religious freedom.
Impunity
Indonesia has made little progress in addressing the human rights crimes of the Soeharto era. No charges have been brought against the former president for human rights violations committed during his more than three decades of power, or for the violence instigated by pro-Soeharto forces in a failed attempt to stave off his 1998 fall from power. Although corruption charges were brought against Soeharto, the Jakarta High Court in August 2006 approved a decision by the Attorney General’s Office to drop the case due to Soeharto’s poor health.
Despite significant international pressure and interest, trials of senior Indonesian officers at an ad hoc human rights court in Jakarta have failed to give a credible judicial accounting for atrocities committed in East Timor in 1999. In March 2006 the Supreme Court rejected the appeal of Eurico Guterres, the only person convicted at the ad hoc court in Jakarta. He started serving his 10-year prison sentence in May.
In July 2006 the UN secretary-general reported on justice and reconciliation for Timor Leste, calling the Jakarta ad hoc court “manifestly deficient” in delivering justice for the victims of human rights violations in East Timor in 1999. The secretary-general recommended a series of measures aimed at apprehending and trying alleged perpetrators.
Military Reform
Military reform efforts have largely stalled. At this writing, there was no government plan to review the country’s defense structure, which is currently based on a territorial defense model that independent experts have declared outmoded and ill-suited for a maritime state and that civil society groups have challenged on human rights grounds. Some government officials also continue to actively resist measures to bring soldiers before civilian courts to answer for non-military crimes.
The Indonesian military continues to raise money outside the government budget through a sprawling network of legal and illegal businesses, by providing paid services, and through acts of corruption such as mark-ups in military purchases. This self-financing undermines civilian control, contributes to abuses of power by the armed forces, and impedes reform. Authorities have made little progress in implementing a 2004 law (Law 34/2004) that addresses several of these issues.
Aceh
Human rights violations in Indonesia’s northwest Aceh province have decreased significantly since an August 2005 ceasefire and peace agreement between the government and rebels of the Free Aceh Movement (Gerakan Aceh Merdeka, or GAM). On July 11, 2006, Indonesia’s national parliament passed the Law on Aceh Governance, which implemented the peace agreement. Although the law establishes a human rights court for the province, the court has only prospective jurisdiction and cannot address any of the myriad past human rights crimes that accompanied three decades of armed conflict in the province. The law establishes a truth and reconciliation commission to examine events of the past.
Papua and West Irian Jaya
Five members of Indonesia ’s security forces were attacked and, when defenseless, killed in clashes between student activists and police in Papua, Indonesia’s easternmost province, in March 2006. Dozens of people were arrested in police sweeps after the riots, some of whom were subsequently convicted in trials that failed to meet international standards for fairness.
In January 2006 twelve men were arrested in Papua for the 2002 killing of two Americans and one Indonesian in Tembagapura, Papua. In November seven defendants were found guilty, and Antonius Wamang was sentenced to life imprisonment for premeditated murder. The other six defendants were charged with involvement in the ambush and sentenced to between 18 months and seven years in prison.
Death Penalty
In September 2006 the government executed three men in Central Sulawesi for inciting violence and premeditated murders in the province in 2000. These were the first executions since May 2005. At least 90 other people remain under sentence of death in Indonesia.
Freedom of Expression and Press
Broadly-worded laws limiting freedom of expression are still used by authorities to target outspoken critics. In October 2006 an Indonesian student was convicted of insulting President Susilo Bambang Yudhoyono during a protest and sentenced to three months and 23 days in prison by the South Jakarta district court.
Journalists and editors who publish controversial material face intimidation. A prominent case in 2006 concerned Playboy Indonesia, the first edition of which went on sale in early April without any nude photos. The new magazine was greeted by protests and violent attacks on its Jakarta editorial offices. In a welcome decision in September 2006 judges at the South Jakarta Court dismissed blasphemy charges against an editor of the online edition of Rakyat Merdeka for re-publishing the offensive Danish cartoons of the Prophet Muhammad.
Freedom of Religion
Instances of religious intolerance appeared to be on the rise in 2006 with attacks on Ahmadiyah places of worship and Christian churches.
Joint Decree No. 1/2006 on the establishment of places of worship, issued by the Religious Affairs Ministry and the Home Ministry in March 2006, requires a 90-member minimum congregation prior to the issuance of permits for a place of worship. The decree provoked a string of protests from minority religious groups, and prompted the forcible and sometimes violent closure of several Christian churches across Indonesia by vigilante groups.
In June 2006 the Central Jakarta District Court convicted Lia Aminuddin, the leader of a minority religious sect, the Kingdom of Eden, for blasphemy against Islam and sentenced her to two years imprisonment.
Forced Evictions
Disputes over land and forced evictions continue to be a frequent source of conflict. Security forces often demolish homes and destroy personal property without notice, due process, or compensation, and residents often are ill-treated. Women, children, and rural migrants typically suffer particularly severe long-term consequences, including impairment of their ability to earn a livelihood or to attend school.
Indonesian Migrant Workers
More than one million Indonesians work abroad, sending home remittances critical to the country’s economy. Women comprise over 75 percent of legal migrant workers, mostly migrating as domestic workers to the Middle East and other parts of Asia.
Migrant domestic workers commonly become heavily indebted to pay unregulated, exorbitant recruitment agency fees. Many are confined in locked,overcrowded training centers for months prior to migration, and receive inadequate or incorrect information about the terms of their employment. In the worst cases, such conditions contribute to making the migrants vulnerable to even more egregious abuses abroad, including forced labor, debt bondage, and human trafficking.
In May 2006 Indonesia signed an agreement with Malaysia on migrant domestic workers. The long-delayed agreement does not protect the right of migrants to keep their passports, guarantee standard labor protections, or include bilateral measures to prevent and respond to cases of abuse.
Child Domestic Workers in Indonesia
More than 688,000 children, mainly girls, are estimated to work as domestic workers in Indonesia. Typically recruited between the ages of 12 and 15, and often on false promises of decent wages and working conditions, girls may work 14 to 18 hours a day, seven days a week, and earn far less than the prevailing minimum wage. In the worst cases, child domestics are paid no salary at all and are physically and sexually abused.
At this writing, draft legislation was pending that would mandate an eight hour work day, a weekly day of rest, an annual holiday, and a minimum wage for domestic workers. The draft contained no provisions for sanctions against employers or recruiting agencies for violations.
Human Rights Defenders
The September 2004 murder of Munir Said Thalib, one of Indonesia’s most outspoken and respected human rights defenders, remains unsolved. President Yudhoyono established an independent fact-finding team to investigate Munir’s killing and the team identified Pollycarpus Budihari Priyanto, a Garuda Airlines pilot linked to high-ranking intelligence officials, as a leading suspect in the case. Although Pollycarpus was convicted of premeditated murder and sentenced to 14 years in prison in 2005, the Supreme Court threw out the murder verdict in October 2006, deeming the evidence insufficient. Pollycarpus continues to be imprisoned on subsidiary charges. At this writing, it was unclear whether new charges would be filed against Pollycarpus, and there was little evidence that police or prosecutors were seriously pursuing higher ranking intelligence officials widely believed to have played a role in the killing.
Lt. Gen. (ret.) Hendropriyono, the head of Indonesia’s State Intelligence Body at the time of the murder, who had refused to comply with a summons from the fact-finding team, subsequently filed criminal defamation charges against two members of the team, respected human rights defenders Usman Hamid (the head of Kontras) and Rachland Nashidik (the head of Imparsial). The charges were still pending at this writing.
In Papua, human rights defenders still suffer threats and intimidation from security forces when monitoring and investigating human rights abuses. Defense lawyers in the March 2006 Abepura case received anonymous death threats.
Key International Actors
In November 2005 the US Congress voted to maintain some restrictions on US military assistance to Indonesia pending progress in accountability for human rights violations and increased civilian control over the military. These restrictions were lifted several weeks later when US Secretary of State Rice exercised her power to waive them in the name of pressing US national security interests. The US has made it clear that cooperation in counterterrorism operations is more critical than human rights to normalization of the relationship.
In March 2006 Prime Minister Tony Blair became the first UK leader visit to Indonesia since 1985. During the visit Blair announced that Britain would normalize defense ties and renew military cooperation with Indonesia.
Indonesia cemented its relationship with Australia in November 2006 with the signing of a new security treaty between the two countries. This came after a difficult year. Diplomatic tensions had mounted in March 2006 after Australia granted temporary asylum to 42 asylum seekers from Indonesia’s Papua province, who had arrived in January claiming political persecution. Tensions then mounted again after Australia sounded strong disapproval over the June 14, 2006, early release of Abu Bakar Bashir, believed by many to be the spiritual head of the terrorist organization Jemaah Islamiyah and the mastermind of the 2002 Bali bombs in which 88 Australians were killed.
In April 2006 World Bank President Paul Wolfowitz visited Indonesia and pledged support for the Aceh peace process but urged more measures to combat corruption.
In May 2006 Indonesia was elected to be a member of the new UN Human Rights Council.
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Indonesia
Events of 2006
In February 2006 Indonesia acceded to the International Covenant on Civil and Political Rights (ICCPR) and International Covenant on Economic, Social, and Cultural Rights (ICESCR). But those new commitments were not accompanied by any immediate improvement in human rights practices. Continuing areas of concern in Indonesia include impunity for past human rights violations, the slow pace of military reform, conditions in Papua, imposition of the death penalty, and infringements on freedom of expression and religious freedom.
Impunity
Indonesia has made little progress in addressing the human rights crimes of the Soeharto era. No charges have been brought against the former president for human rights violations committed during his more than three decades of power, or for the violence instigated by pro-Soeharto forces in a failed attempt to stave off his 1998 fall from power. Although corruption charges were brought against Soeharto, the Jakarta High Court in August 2006 approved a decision by the Attorney General’s Office to drop the case due to Soeharto’s poor health.
Despite significant international pressure and interest, trials of senior Indonesian officers at an ad hoc human rights court in Jakarta have failed to give a credible judicial accounting for atrocities committed in East Timor in 1999. In March 2006 the Supreme Court rejected the appeal of Eurico Guterres, the only person convicted at the ad hoc court in Jakarta. He started serving his 10-year prison sentence in May.
In July 2006 the UN secretary-general reported on justice and reconciliation for Timor Leste, calling the Jakarta ad hoc court “manifestly deficient” in delivering justice for the victims of human rights violations in East Timor in 1999. The secretary-general recommended a series of measures aimed at apprehending and trying alleged perpetrators.
Military Reform
Military reform efforts have largely stalled. At this writing, there was no government plan to review the country’s defense structure, which is currently based on a territorial defense model that independent experts have declared outmoded and ill-suited for a maritime state and that civil society groups have challenged on human rights grounds. Some government officials also continue to actively resist measures to bring soldiers before civilian courts to answer for non-military crimes.
The Indonesian military continues to raise money outside the government budget through a sprawling network of legal and illegal businesses, by providing paid services, and through acts of corruption such as mark-ups in military purchases. This self-financing undermines civilian control, contributes to abuses of power by the armed forces, and impedes reform. Authorities have made little progress in implementing a 2004 law (Law 34/2004) that addresses several of these issues.
Aceh
Human rights violations in Indonesia’s northwest Aceh province have decreased significantly since an August 2005 ceasefire and peace agreement between the government and rebels of the Free Aceh Movement (Gerakan Aceh Merdeka, or GAM). On July 11, 2006, Indonesia’s national parliament passed the Law on Aceh Governance, which implemented the peace agreement. Although the law establishes a human rights court for the province, the court has only prospective jurisdiction and cannot address any of the myriad past human rights crimes that accompanied three decades of armed conflict in the province. The law establishes a truth and reconciliation commission to examine events of the past.
Papua and West Irian Jaya
Five members of Indonesia ’s security forces were attacked and, when defenseless, killed in clashes between student activists and police in Papua, Indonesia’s easternmost province, in March 2006. Dozens of people were arrested in police sweeps after the riots, some of whom were subsequently convicted in trials that failed to meet international standards for fairness.
In January 2006 twelve men were arrested in Papua for the 2002 killing of two Americans and one Indonesian in Tembagapura, Papua. In November seven defendants were found guilty, and Antonius Wamang was sentenced to life imprisonment for premeditated murder. The other six defendants were charged with involvement in the ambush and sentenced to between 18 months and seven years in prison.
Death Penalty
In September 2006 the government executed three men in Central Sulawesi for inciting violence and premeditated murders in the province in 2000. These were the first executions since May 2005. At least 90 other people remain under sentence of death in Indonesia.
Freedom of Expression and Press
Broadly-worded laws limiting freedom of expression are still used by authorities to target outspoken critics. In October 2006 an Indonesian student was convicted of insulting President Susilo Bambang Yudhoyono during a protest and sentenced to three months and 23 days in prison by the South Jakarta district court.
Journalists and editors who publish controversial material face intimidation. A prominent case in 2006 concerned Playboy Indonesia, the first edition of which went on sale in early April without any nude photos. The new magazine was greeted by protests and violent attacks on its Jakarta editorial offices. In a welcome decision in September 2006 judges at the South Jakarta Court dismissed blasphemy charges against an editor of the online edition of Rakyat Merdeka for re-publishing the offensive Danish cartoons of the Prophet Muhammad.
Freedom of Religion
Instances of religious intolerance appeared to be on the rise in 2006 with attacks on Ahmadiyah places of worship and Christian churches.
Joint Decree No. 1/2006 on the establishment of places of worship, issued by the Religious Affairs Ministry and the Home Ministry in March 2006, requires a 90-member minimum congregation prior to the issuance of permits for a place of worship. The decree provoked a string of protests from minority religious groups, and prompted the forcible and sometimes violent closure of several Christian churches across Indonesia by vigilante groups.
In June 2006 the Central Jakarta District Court convicted Lia Aminuddin, the leader of a minority religious sect, the Kingdom of Eden, for blasphemy against Islam and sentenced her to two years imprisonment.
Forced Evictions
Disputes over land and forced evictions continue to be a frequent source of conflict. Security forces often demolish homes and destroy personal property without notice, due process, or compensation, and residents often are ill-treated. Women, children, and rural migrants typically suffer particularly severe long-term consequences, including impairment of their ability to earn a livelihood or to attend school.
Indonesian Migrant Workers
More than one million Indonesians work abroad, sending home remittances critical to the country’s economy. Women comprise over 75 percent of legal migrant workers, mostly migrating as domestic workers to the Middle East and other parts of Asia.
Migrant domestic workers commonly become heavily indebted to pay unregulated, exorbitant recruitment agency fees. Many are confined in locked,overcrowded training centers for months prior to migration, and receive inadequate or incorrect information about the terms of their employment. In the worst cases, such conditions contribute to making the migrants vulnerable to even more egregious abuses abroad, including forced labor, debt bondage, and human trafficking.
In May 2006 Indonesia signed an agreement with Malaysia on migrant domestic workers. The long-delayed agreement does not protect the right of migrants to keep their passports, guarantee standard labor protections, or include bilateral measures to prevent and respond to cases of abuse.
Child Domestic Workers in Indonesia
More than 688,000 children, mainly girls, are estimated to work as domestic workers in Indonesia. Typically recruited between the ages of 12 and 15, and often on false promises of decent wages and working conditions, girls may work 14 to 18 hours a day, seven days a week, and earn far less than the prevailing minimum wage. In the worst cases, child domestics are paid no salary at all and are physically and sexually abused.
At this writing, draft legislation was pending that would mandate an eight hour work day, a weekly day of rest, an annual holiday, and a minimum wage for domestic workers. The draft contained no provisions for sanctions against employers or recruiting agencies for violations.
Human Rights Defenders
The September 2004 murder of Munir Said Thalib, one of Indonesia’s most outspoken and respected human rights defenders, remains unsolved. President Yudhoyono established an independent fact-finding team to investigate Munir’s killing and the team identified Pollycarpus Budihari Priyanto, a Garuda Airlines pilot linked to high-ranking intelligence officials, as a leading suspect in the case. Although Pollycarpus was convicted of premeditated murder and sentenced to 14 years in prison in 2005, the Supreme Court threw out the murder verdict in October 2006, deeming the evidence insufficient. Pollycarpus continues to be imprisoned on subsidiary charges. At this writing, it was unclear whether new charges would be filed against Pollycarpus, and there was little evidence that police or prosecutors were seriously pursuing higher ranking intelligence officials widely believed to have played a role in the killing.
Lt. Gen. (ret.) Hendropriyono, the head of Indonesia’s State Intelligence Body at the time of the murder, who had refused to comply with a summons from the fact-finding team, subsequently filed criminal defamation charges against two members of the team, respected human rights defenders Usman Hamid (the head of Kontras) and Rachland Nashidik (the head of Imparsial). The charges were still pending at this writing.
In Papua, human rights defenders still suffer threats and intimidation from security forces when monitoring and investigating human rights abuses. Defense lawyers in the March 2006 Abepura case received anonymous death threats.
Key International Actors
In November 2005 the US Congress voted to maintain some restrictions on US military assistance to Indonesia pending progress in accountability for human rights violations and increased civilian control over the military. These restrictions were lifted several weeks later when US Secretary of State Rice exercised her power to waive them in the name of pressing US national security interests. The US has made it clear that cooperation in counterterrorism operations is more critical than human rights to normalization of the relationship.
In March 2006 Prime Minister Tony Blair became the first UK leader visit to Indonesia since 1985. During the visit Blair announced that Britain would normalize defense ties and renew military cooperation with Indonesia.
Indonesia cemented its relationship with Australia in November 2006 with the signing of a new security treaty between the two countries. This came after a difficult year. Diplomatic tensions had mounted in March 2006 after Australia granted temporary asylum to 42 asylum seekers from Indonesia’s Papua province, who had arrived in January claiming political persecution. Tensions then mounted again after Australia sounded strong disapproval over the June 14, 2006, early release of Abu Bakar Bashir, believed by many to be the spiritual head of the terrorist organization Jemaah Islamiyah and the mastermind of the 2002 Bali bombs in which 88 Australians were killed.
In April 2006 World Bank President Paul Wolfowitz visited Indonesia and pledged support for the Aceh peace process but urged more measures to combat corruption.
In May 2006 Indonesia was elected to be a member of the new UN Human Rights Council.
Wednesday, January 10, 2007
Music to End Impunity
NS prepared the following draft script for the CBC Global Village Program. I would be very pleased if it can be broadcasted.
Music to End Impunity: The Campaign for Justice in the Murder Case of Munir
Suggested Intro:
It has been over two years since the murder of Munir Thalib Said, Indonesia’s leading and internationally renowned human rights defender, but until now, the perpetrators of this heinous crime have escaped justice. Just last week, the one person who was tried and found guilty of the murder was acquitted and released from prison. The search for truth and justice continues, and Nancy Slamet was in Jakarta last month to learn how Indonesian musicians are playing an important role in this campaign and the broader struggle to end their country’s culture of impunity.
Music Clip: Ada Yang Hilang (Someone is missing)
Play Munir’s voice at the beginning of the song (25 seconds) and the first part of the song (suggested clip is 1:45)
Fade out Music
Narrator (NS): This song titled “Ada Yang Hilang” or “Someone is missing” is the lead track of a CD dedicated to the life and work of Munir, which was put together by various Indonesian musicians and sponsored by several human rights organizations. At the beginning of the song, we hear Munir speaking at a rally about the thousands of innocent people who are “missing” because they have been disappeared or killed as a result of state sponsored violence. Tragically, Munir himself became one of the countless “missing” when he was murdered on September 7, 2004.
Speaking truth to power in Indonesia is a dangerous profession, but Munir fearlessly led the charge and dedicated his life to defending rights of people throughout the Indonesian archipelago. Munir’s death sent a country into mourning and dealt a big blow to a fledgling civil society emerging from of 32 years of dictatorship and militarism. But both his life and his death have inspired many Indonesians, including musicians to carry the torch for human rights and democracy.
Interview Clip: Endah Widiastuti
Quote about how she was inspired by Munir & therefore wrote songs about social justice and supported the work of human rights organizations
Narrator (NS): Endah Widiastuti is one of many musicians whose life and work has been influenced by Munir. As a young artist based in Jakarta, she hopes that her music can continue to carry Munir’s message of hope. Endah was inspired to compose a song in tribute to Munir which she performed at an event organized by the Swiss Embassy and a number of local and international human rights organizations commemorating the first anniversary of Munir’s death.
Interview Clip: Endah Widiastuti
Quote about what the song is about – calling on people to be like Munir who defied darkness and despair by living like a candle in the dark, not to give up…
Music Clip: Play 30 seconds to 1 minute of Endah’s song “A Thousand Candles Lighted”
Narrator (NS): Endah told me that this song will be re-recorded and re-released on her 4th CD this spring given that Munir’s murder remains unresolved and the search for justice continues. At the forefront of this campaign is Suciwati, Munir’s widow…
Interview Clip with voice over: Suciwati
Quote about this campaign not only being important for her late husband, but all Indonesians. Truth and justice is needed in Munir’s case so that this does not happen again.
Narrator (NS): Commenting on the role of musicians in this campaign, Suciwati underscores their importance in building popular support for the cause.
Interview Clip with voice over: Suciwati
Quote about how music can reach more people and the general public - such as the music of Iwan Fals, a popular protest singer and musician of the “people” who composed a song in tribute to Munir shortly after his death.
Music Clip: Iwan Fals’ song Pulanglah or “Going home” (30 seconds)
Narrator (NS): Iwan Fals recently recorded this song, Pulanglah for his upcoming CD. It was first performed for Suciwati on December 8, 2004, Munir’s birthday, which has been a date for remembrance of his life and work ever since. Just this last December, I was in Jakarta for a public event titled “Working for Universal Human Rights: Reflections on Munir’s Life”.
Clip: Background/Ambient noise from event (traffic)
Narrator (NS): About fifty people are gathered in a round-about on one of Jakarta’s main thoroughfares. There is a hopeful air about the gathering, as earlier that day, the Indonesian House of Representatives demanded that the investigation into Munir’s death be re-opened. Family members, friends, activists, victims of human rights abuses and members of the general public are holding placards and candles, and a group musicians are playing songs about social justice to hearten and inspire the crowd. These street musicians play their music at events like these, on buses, sidewalks, and in the cafes of Jakarta, keeping alive Munir’s message of hope and human rights for all Indonesians. And indeed there is reason to hope that justice may be had, as earlier that day, the Indonesian House of Representatives demanded that the investigation into Munir’s death be re-opened.
Ambient noise from the event (music)
For the Global Village, this is NS in Jakarta, Indonesia.
Amidst my busy life and tight schdules I managed to secure interview slots to several people involved as the sources for this program for NS. Yeah, I talked to IF on direct line about interviewing him *smile*. Too bad we couldn't accommodate the only time that he had for this interview. We interviewed Endah, instead. She's good too. A young girl with a heart! (Well, it's very hard to find a young girl with a heart these days in Jakarta!) You know it's very hard to find a quiet place to conduct this interview. We ended up on the sofa of Chatterbox in Taman Anggrek Mall - the only place with acceptable level of decibel. So, while NS interviewed her, I ate the calamari *smile*. NS and I agreed if The Global Village broadcasts this piece we will donate the money for Munir's cause.
I really hope that one day we can end this cycle of impunity, we can come to terms with our violent past, we can have fair and solid foundation for reconciliation among those in conflicts, we can have more people like Munir...
Next: Our Story on Munir will be Aired.
Music to End Impunity: The Campaign for Justice in the Murder Case of Munir
Suggested Intro:
It has been over two years since the murder of Munir Thalib Said, Indonesia’s leading and internationally renowned human rights defender, but until now, the perpetrators of this heinous crime have escaped justice. Just last week, the one person who was tried and found guilty of the murder was acquitted and released from prison. The search for truth and justice continues, and Nancy Slamet was in Jakarta last month to learn how Indonesian musicians are playing an important role in this campaign and the broader struggle to end their country’s culture of impunity.
Music Clip: Ada Yang Hilang (Someone is missing)
Play Munir’s voice at the beginning of the song (25 seconds) and the first part of the song (suggested clip is 1:45)
Fade out Music
Narrator (NS): This song titled “Ada Yang Hilang” or “Someone is missing” is the lead track of a CD dedicated to the life and work of Munir, which was put together by various Indonesian musicians and sponsored by several human rights organizations. At the beginning of the song, we hear Munir speaking at a rally about the thousands of innocent people who are “missing” because they have been disappeared or killed as a result of state sponsored violence. Tragically, Munir himself became one of the countless “missing” when he was murdered on September 7, 2004.
Speaking truth to power in Indonesia is a dangerous profession, but Munir fearlessly led the charge and dedicated his life to defending rights of people throughout the Indonesian archipelago. Munir’s death sent a country into mourning and dealt a big blow to a fledgling civil society emerging from of 32 years of dictatorship and militarism. But both his life and his death have inspired many Indonesians, including musicians to carry the torch for human rights and democracy.
Interview Clip: Endah Widiastuti
Quote about how she was inspired by Munir & therefore wrote songs about social justice and supported the work of human rights organizations
Narrator (NS): Endah Widiastuti is one of many musicians whose life and work has been influenced by Munir. As a young artist based in Jakarta, she hopes that her music can continue to carry Munir’s message of hope. Endah was inspired to compose a song in tribute to Munir which she performed at an event organized by the Swiss Embassy and a number of local and international human rights organizations commemorating the first anniversary of Munir’s death.
Interview Clip: Endah Widiastuti
Quote about what the song is about – calling on people to be like Munir who defied darkness and despair by living like a candle in the dark, not to give up…
Music Clip: Play 30 seconds to 1 minute of Endah’s song “A Thousand Candles Lighted”
Narrator (NS): Endah told me that this song will be re-recorded and re-released on her 4th CD this spring given that Munir’s murder remains unresolved and the search for justice continues. At the forefront of this campaign is Suciwati, Munir’s widow…
Interview Clip with voice over: Suciwati
Quote about this campaign not only being important for her late husband, but all Indonesians. Truth and justice is needed in Munir’s case so that this does not happen again.
Narrator (NS): Commenting on the role of musicians in this campaign, Suciwati underscores their importance in building popular support for the cause.
Interview Clip with voice over: Suciwati
Quote about how music can reach more people and the general public - such as the music of Iwan Fals, a popular protest singer and musician of the “people” who composed a song in tribute to Munir shortly after his death.
Music Clip: Iwan Fals’ song Pulanglah or “Going home” (30 seconds)
Narrator (NS): Iwan Fals recently recorded this song, Pulanglah for his upcoming CD. It was first performed for Suciwati on December 8, 2004, Munir’s birthday, which has been a date for remembrance of his life and work ever since. Just this last December, I was in Jakarta for a public event titled “Working for Universal Human Rights: Reflections on Munir’s Life”.
Clip: Background/Ambient noise from event (traffic)
Narrator (NS): About fifty people are gathered in a round-about on one of Jakarta’s main thoroughfares. There is a hopeful air about the gathering, as earlier that day, the Indonesian House of Representatives demanded that the investigation into Munir’s death be re-opened. Family members, friends, activists, victims of human rights abuses and members of the general public are holding placards and candles, and a group musicians are playing songs about social justice to hearten and inspire the crowd. These street musicians play their music at events like these, on buses, sidewalks, and in the cafes of Jakarta, keeping alive Munir’s message of hope and human rights for all Indonesians. And indeed there is reason to hope that justice may be had, as earlier that day, the Indonesian House of Representatives demanded that the investigation into Munir’s death be re-opened.
Ambient noise from the event (music)
For the Global Village, this is NS in Jakarta, Indonesia.
Amidst my busy life and tight schdules I managed to secure interview slots to several people involved as the sources for this program for NS. Yeah, I talked to IF on direct line about interviewing him *smile*. Too bad we couldn't accommodate the only time that he had for this interview. We interviewed Endah, instead. She's good too. A young girl with a heart! (Well, it's very hard to find a young girl with a heart these days in Jakarta!) You know it's very hard to find a quiet place to conduct this interview. We ended up on the sofa of Chatterbox in Taman Anggrek Mall - the only place with acceptable level of decibel. So, while NS interviewed her, I ate the calamari *smile*. NS and I agreed if The Global Village broadcasts this piece we will donate the money for Munir's cause.
I really hope that one day we can end this cycle of impunity, we can come to terms with our violent past, we can have fair and solid foundation for reconciliation among those in conflicts, we can have more people like Munir...
Next: Our Story on Munir will be Aired.
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