PROMOTING HUMAN RIGHTS, PEACE AND DEMOCRACY IN INDONESIA

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Email tapol@gn.apc.org Website http://www.tapol.org

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24 August 2001

Following Megawati Sukarnoputri's recent statement of her commitment to human rights, TAPOL has today written an open letter to the President of Indonesia urging her to ensure that this commitment remains at the heart of her government's policy throughout her presidency.

In its letter, TAPOL draws attention to issues which, it says, "must be addressed by your administration to ensure Indonesia's transition to democracy is based on respect for human rights and adherence to the rule of law."

TAPOL says that priority must be given to problems in areas of conflict, such as Aceh and West Papua. It urges President Megawati to seek negotiated, as opposed to military, solutions to those problems and to ensure that human rights are actively promoted at all times. It calls upon her to halt current military operations and to withdraw all non-organic troops from both territories. It also recommends independent investigations into recent atrocities and urges the involvement of UN experts, such as the Special Rapporteur on Extra-Judicial Executions.

TAPOL expresses its concern that there is no apparent end to the refugees crisis in West Timor nearly two years after the refugees were forcibly expelled from East Timor. It urges Indonesia to fulfil its responsibility to disarm and disband the militias and to provide secure conditions for the repatriation or re-settlement of the refugees.

In calling for an end to impunity, TAPOL points out that "Human rights violations will not end while those responsible for past violations are protected from due process and punishment". It advocates certain legislative and procedural reforms to aid accountability and recommends investigations into several grave incidents of abuse since the 1960s.

On the question of justice for East Timor, TAPOL explains its view that those responsible for serious crimes must be made to account before an ad hoc international criminal tribunal. "We have long felt that there are too many political and legal obstacles in the way of credible trials in Indonesia," it says. "This has meant that, more than two years since some of the crimes were committed, there have been no indictments let alone trials." TAPOL highlights serious defects in President Megawati's recent decree on an ad hoc court for East Timor and expresses concern that there are no plans to prosecute those in the highest positions of command responsibility for the East Timor violence. It says that measures should be taken to instigate a process of accountability for serious crimes committed in East Timor since 1975.

TAPOL also draws attention to the "new generation of political prisoners" in Indonesia and expresses concern at the recent tendency of the authorities to criminalise peaceful political activities. This "has no place in a country based on democratic principles," it says. It calls for the release of all political prisoners and for the repeal of penal provisions which make the expression of political opinions and political activities a criminal offence.

TAPOL encourages Indonesia to give the highest priority to institutional reform to deal with the problem of corruption within the judiciary and legal system and recommends early revision of the Criminal Procedure Code to comply with international standards, particularly those relating to detention and fair trial. It also calls upon President Megawati to implement the Indonesian National Plan of Action on Human Rights, launched by former President Habibie in June 1998.

ENDS

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