'Stop violence' after the end of martial law<\/p>\n
Saman Zia-Zarifi, New York<\/p>\n
A year after martial law was imposed in Nanggroe Aceh Darussalam,
\nthere have been a few signs of hope for the restive province.
\nLast week President Megawati Soekarnoputri announced that the
\nprovince's status will be downgraded to a civil emergency.
\nAfterwards, the Free Aceh Movement (GAM) released 22 hostages in
\na deal brokered by the International Committee of the Red Cross.<\/p>\n
These are two solid steps forward. But both the Indonesian
\ngovernment and GAM must now make sure that there are not too many
\nsteps back. In order to move out of the cycle of violence in
\nAceh, both sides must demonstrate their commitment to respect
\nhuman rights and the rule of law in the province. This is as a
\nnecessary step toward achieving a sustainable peace for the
\nbeleaguered population of the province. Here are a few markers
\non the road ahead:<\/p>\n
o Clarify the role of the military:<\/p>\n
Jakarta's approach of relying on military means to try to end
\nthe conflict has resulted in serious rights violations, without
\nnecessarily bringing the province closer to a sustainable peace.
\nPresident Megawati should publicly clarify and affirm that Aceh
\nwill be subject to civilian rule in practice and not just in
\nname. It is now time for the government to demonstrate the
\nsincerity of its public relations campaign.<\/p>\n
When the war began again, the Indonesian Military (TNI)
\nclaimed that its 40,000 troops were facing some 5,100 GAM
\nfighters. A year later, according to military statistics
\nreleased this month, the TNI claims it has killed almost 2,000
\nGAM members, arrested another 2,100, and taken the surrender of
\n1,276. Some 290 have been wounded.<\/p>\n
Human Rights Watch's research, based in large part on detailed
\ninterviews with Acehnese who had fled the province, suggests that
\nthe TNI often did not distinguish between civilians and GAM
\ncombatants. Many refugees reported witnessing soldiers summarily
\nexecuting civilians. Thus many of the deaths cited by the
\nmilitary as GAM fighters are, tragically, likely to be unarmed
\ncivilians.<\/p>\n
Although the military operations and the 40,000 or so military
\nand police troops engaged in fighting there for the past year
\nwill remain, transparent and accountable civilian leadership in
\nthe province will go a long way to demonstrate the government's
\ncommitment to all aspects of its integrated operations, including
\ngood governance.<\/p>\n
o Provide access to independent monitors:<\/p>\n
For much of the past year, the government has placed a shroud
\nof secrecy around Aceh. This must end. President Megawati
\nshould immediately revoke Presidential Decree No. 43\/2003, which
\nplaces unnecessary restrictions on access to Aceh for the United
\nNations and international and Indonesian aid agencies,
\nnongovernmental organizations and journalists. If conditions in
\nmost of the province are indeed as safe as the TNI claims, then
\nthere should be no objection to independent monitors operating
\nfreely in Aceh. If the conditions of the Acehnese have improved,
\nlet these monitors confirm it. If Aceh still has problems, let
\nobjective viewers describe them.<\/p>\n
Immediate and unfettered access for independent monitors is
\neven more important as Indonesians head to the polls for the
\nfirst direct presidential election on July 5.<\/p>\n
During the previous round of balloting for legislative
\nelections in April, European Union election observers were so
\nseverely restricted in their access to the province that they
\ncould not draw any conclusions as to the validity of the election
\nin Aceh. An election that is viewed as illegitimate in Aceh
\nwould only serve as a source of continuing tension in the
\nprovince.<\/p>\n
GAM, too, needs to demonstrate that it will respect the safety
\nof aid workers, monitors and journalists. GAM, as well as the
\nTNI, has subjected members of the domestic and foreign press
\ncorps in Aceh to intimidation, attacks and restrictions since the
\nstart of martial law. The release of hostages under the auspices
\nof the Red Cross should have proven to GAM -- as well as the
\nIndonesian government -- that nongovernmental organizations can
\nplay an important role in ameliorating some of the misery of this
\nconflict.
\no Provide accountability for abuses:<\/p>\n
Despite extensive restrictions on monitors, the trickle of
\ninformation leaking out of the province paints a bleak picture.
\nWhile conditions in Aceh's main towns seem to have improved,
\nthere are concerns that Acehnese living in outlying districts
\nstill face a grim life.<\/p>\n
This month the National Commission on Human Rights (Komnas
\nHAM) reported still more abuses by both GAM and the TNI. It cited
\nincidents of arbitrary arrests, forced disappearances, rape and
\nextrajudicial killings -- precisely the types of abuses
\nchronicled by Human Rights Watch in its December 2003 report,
\nAceh Under Martial Law: Inside the Secret War.<\/p>\n
While it is commendable that the military has publicly
\nacknowledged that troops in Aceh are guilty of hundreds of
\nviolations, there has been relatively little accountability for
\nthese abuses. Some soldiers have faced military tribunals, and
\nhave been sentenced for crimes such as rape, the unauthorized
\nfiring of weapons, theft and extortion.<\/p>\n
But the sentences have been low and there has been no serious
\njudicial accountability for abuses such as the widely alleged
\ntorture and killing of civilians in Aceh.<\/p>\n
President Megawati should make a public commitment to fully
\ninvestigate the allegations of violations in Aceh of Indonesian
\nlaw as well as international human rights and humanitarian law
\nsince martial law began. All security forces implicated in such
\nviolations should be prosecuted and disciplined appropriately.<\/p>\n
President Megawati would do well to remember that continuing
\nthese positive steps forward for Aceh would go a long way to
\nhelping security and stability not just for the province, but for
\nthe whole of Indonesia. A commitment to peace and justice for
\nAceh would be one election promise worth keeping.<\/p>\n
The writer is Deputy Director, Asia Division, Human Rights
\nWatch.<\/p>",
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