First free and fair election fails to materialize

By Vanessa Johanson

BANDA ACEH, Aceh (JP): The 700 or so international observers who attended polling day in various parts of Indonesia have been quick to congratulate Indonesia on the conduct of largely peaceful, free and fair elections. Indeed, the remarkably orderly result surprised most observers, following on months of tension, violent clashes and disruption of the lives of tens of thousands of people in Ambon, West Kalimantan, East Timor, Aceh and other areas.

Unfortunately, however, for Indonesia's westernmost province -- Aceh -- not only have the elections not been executed freely and fairly, but also for half of the population -- the residents of Pidie, North Aceh and East Aceh regions -- they have virtually not been conducted at all.

Can Indonesia claim to have successfully taken this vital step towards democratization -- open elections -- whilst disregarding one province?

Should the international community so hastily welcome Indonesia into the community of democratic nations without taking a serious look at the climate of terror which reigns in Aceh? While we need to maintain a certain threshold of tolerance for isolated cases of election-day infractions in this vast nation, the situation in Aceh exceeds this threshold.

The human rights situation in Aceh improved in August 1998 when the military operation (DOM) was "unconditionally withdrawn" by Minister of Defense and Security/Armed Forces Commander Gen. Wiranto. Human rights organizations, including the National Commission for Human Rights (Komnas Ham), began to report on the gross human rights abuses of the decade-long DOM period. National and international media began to flood into the province and apologies were made for abuses carried out by the military.

Unfortunately, the people of Aceh were increasingly disillusioned as promises to fairly try and punish those most guilty of human rights abuses, to compensate the victims, to give greater economic autonomy to Aceh and -- most important of all -- demilitarize Aceh and prevent new killings of civilians -- largely failed to materialize.

The first six months of this year have seen bloody shootings of civilians, including random shooting into crowds and groups of people in Lhoksemauwe, North Aceh, (an estimated 25 civilians killed); Idi Cut, East Aceh, (7 civilians killed); Dewantara, North Aceh, (43 civilians killed); Peudada, North Aceh, (2 civilians killed) and Peureulak, East Aceh, (5 civilians killed). Additionally, the Aceh NGO Human Rights Coalition documents 49 "mysterious shootings" of individuals by "unknown men" since October last year.

Justification of a continued heavy military presence is found in the existence of the active armed separatist movement -- the Free Aceh Movement or GAM. The presence of GAM is indeed a challenge for the Indonesian government and military, a challenge which needs to be approached intelligently, and not through increased military presence.

This week's proposal by Indonesian Military (TNI) chief of staff Gen. Subagyo Hadisiswoyo to form a military area command for Aceh will not solve the climate of fear and tension which still reigns through large areas of Aceh. GAM is at one extreme of a spectrum of views on the future of Aceh, and the whole Acehnese community should not be forced to suffer for these views.

On the other hand, popular support for GAM, or the idea of GAM and what GAM represents, increase the greater the visible military presence in Aceh and the longer the Indonesian government takes to properly address the problems in Aceh.

Komnas HAM intends to open a branch in Aceh in the next few weeks. This is laudable, but the Indonesian government must do much more to resolve the underlying issues, recognizing that the overriding wish of the Acehnese is for justice -- political, economic and social -- and that the vast majority of the people of Aceh appear to be ready to consider a variety of approaches to addressing these demands.

This military presence was stepped up in May to provide "security" during the elections, and was one of the main reasons why huge numbers of people fled their homes or hid during election week in the regencies of Pidie, North Aceh and East Aceh. The memory of the disappearances, rapes and summary executions of the past -- associated with the Indonesian military -- haunt many families.

In this context the tanks in the streets of Lhoksemauwe on June 7, from which personnel used megaphones to exhort people not to be afraid and to come out and vote, was an absurdity.

The Indonesian government urgently needs to take several steps to ensure that Indonesia's transition to democracy is not poisoned by the problems in Aceh.

First, troops should be withdrawn. The withdrawal should be accompanied by genuine and open discussions with Aceh's community leaders on the best alternatives for canvassing the aspirations of the people of Aceh, given the aborted elections there. TNI fears that withdrawal will mean a victory for GAM -- this, however, will only be the case if the government does not act swiftly to address the wishes of the Acehnese community. If these are addressed it is highly likely that support for GAM will decrease and GAM will come to the bargaining table too.

Second, an international human rights monitoring presence should be invited into Aceh. This presence is necessary because the climate of mutual suspicion and accusation makes it difficult for local or national organizations to carry out objective monitoring and reporting on issues. Furthermore, local monitors are at physical risk in pursuing their work.

Third, an independent investigation should be organized into the recent shooting and provocateur activity. The appointed investigators should take seriously widespread allegations and increasing evidence that these shootings are being carried out by ex-military and plain-clothed military in order to eradicate the witnesses of past military abuses, or to simply take revenge on those considered to be GAM. The investigators should have the power and mandate to prosecute those responsible for abuses in civilian courts.

It is clear that after a year of the reformasi (political reform) movement the people of Aceh are disillusioned and cynical about the relevance to them of the national reform process, a factor contributing to a low turnout at the polling places on June 7.

Therefore fourth, some form of plebiscite should be organized, offering the people of Aceh several choices for the future. A committee including government, military, community leaders and NGOs should establish the terms of this plebiscite.

If Indonesia does not do its utmost to facilitate the democratic right of all Indonesians -- including the Acehnese -- to express their aspirations free of fear and intimidation, Indonesia cannot yet be recognized as having truly conducted its "first free and fair elections in decades".

The writer works at the Australian Council for Overseas Aid Human Rights Office. She was the coordinator of an independent team of Australian election observers, and spent the election period in Banda Aceh, Aceh Besar and Pidie regencies in Aceh. The opinions expressed in this article are her own personal views.