Experts criticize press for understanding of humanitarian law
Kurniawan Hari, The Jakarta Post, Jakarta
A poor understanding of globally recognized human rights laws leads to rights violations against civilians, including journalists, in any war or armed conflict, an expert says.
Komariah E. Sapardjaja from Padjajaran University in West Java said a better job needed to be done to make sure more people understood the substance of these humanitarian laws.
"People often think that humanitarian laws only apply to soldiers involved in warfare," Komariah said during a seminar on covering conflict and international humanitarian laws here last week.
She was referring to the 1949 Geneva Conventions and Protocol I and Protocol II issued in 1977. Indonesia ratified the Geneva Conventions in 1959, but has yet to ratify the two protocols.
Komariah suggested that Indonesian journalists read the laws critically before departing to cover conflicts in areas like Aceh or Papua.
Government troops are fighting secessionist groups in Aceh and Papua, where separatists have been battling for independence for the resource-rich provinces since the 1970s.
The Geneva Conventions do not specifically mention journalists reporting on armed conflict, as they are considered to be civilians.
Article 3 of the conventions stipulate that anyone who is not involved in a conflict must be given proper treatment regardless of their race, ethnicity or religion.
Civilians also must not be subject to murder, mutilation, torture, kidnapping, rape or extrajudicial punishment by those parties involved in a conflict.
The former head of the Press Council, Atmakusumah Astraatmadja, doubted civilians and journalists would receive proper treatment during armed conflict here.
"As long as those in power do not see the importance of press freedom, there will not be the proper protection for journalists," he told The Jakarta Post on the sidelines of the seminar.
He said it would take a generation or two for journalists to be protected and for humanitarian laws to be fully implemented here.
However, Atmakusumah said it was important to begin the campaign to protect civilians and journalists during war.
At least 40 journalists have been killed, injured or detained in Aceh from 1999 to 2003. Most of those journalists who were detained also reported being tortured. The latest casualty was Sori Ersa Siregar, a reporter with RCTI television, who was taken hostage by the Free Aceh Movement (GAM) and was later killed when government troops launched an assault.
Meanwhile, the Army's education and training commander chief, Lt. Gen. Hadi Waluyo, said the separatist Free Aceh Movement violated the Geneva Conventions by taking civilians and journalists hostage.
He said the military had to comply with the conventions, otherwise it would lose the support of the domestic and international communities for the operation in Aceh.
Hadi added that the military tried to integrate the substance of the conventions into the education and training received by soldiers.
The 1949 Geneva Conventions ---------------------------------------------------------------- - Geneva Convention I regulates the protection of injured or sick soldiers in ground warfare. - Geneva Convention II regulates the protection of injured armed forces in the sea. - Geneva Convention III regulates the treatment of prisoners of war. - Geneva Convention IV regulates the protection of civilians in time of war. - 1997 Protocol I regulates international armed conflict. - 1997 Protocol II regulates non-international armed conflict. ----------------------------------------------------------------