Govt OKs rights body's planned inquiry in Aceh

Tertiani ZB Simanjuntak and Muninggar Sri Saraswati, The Jakarta Post, Jakarta

The government has given the green light for the National Commission on Human Rights (Komnas HAM) to investigate possible human rights abuses in Aceh, but its work would still need clearance from the martial law administration in the province.

Coordinating Minister for Political and Security Affairs Susilo Bambang Yudhoyono promised on Wednesday to facilitate a meeting between Komnas Ham and the martial law administration.

"I will facilitate the meeting between the government, the administration and Komnas HAM," Susilo told reporters after a meeting with the Komnas HAM delegation on Wednesday.

The martial law administration in Aceh has established several restrictions to media and non-governmental organizations in the province following the imposition of martial law on May 19.

The administration has banned foreign observers from entering the province, claiming that "the administration has been cooperating with domestic parties to observe the integrated operations in Aceh".

Susilo said both the government and Komnas Ham agreed that the rights body must conduct the inquiry in Aceh objectively and fairly.

"If we talk about rights abuses, please do not focus solely on the military or the police but also on GAM," he said.

Referring to the military operation in Aceh, Susilo said that "the duty to save the country has become each one's obligation, including military and police officials, and must be respected by all parties."

"Therefore, if there is a conflict we must go back to the law for the rules of the game."

Susilo said that "all parties must be accountable for their oral and written statements, and actions in the field".

Susilo highlighted the fact that Komnas HAM is a government- sanctioned institution as is the Indonesian Military (TNI) and the National Police.

Earlier in the day, Army Chief of Staff Gen. Ryamizard Ryacudu said that the military welcomed any party wishing to observe the operation in Aceh.

"But be careful and keep it in order. Do not lay the blame on any party," he told reporters.

Ryamizard claimed that he has attempted "to provide an example to the nation on how to enforce discipline."

"No need to yell at us. If our soldiers are wrong, we will punish them even if neither the journalists nor the public notice it," he said.

Komnas HAM Chairman Abdul Hakim Garuda Nusantara said that members of the commission's team for Aceh would fly to Aceh on Thursday.

The team comprises, among others, commission deputy chairperson Zoemrotin K.S., commission members M.M. Billah and Enny Soeprapto.

"We will stay objective and independent. Komnas HAM is a state commission which is formed by law, therefore, it must be respected by all parties," said Abdul Hakim, who said he considered Susilo's office "the commission's partner in dialog".

Speaking at a separate discussion on Wednesday, commission member Enny Soeprapto said that the presence of over 40,000 combatants of TNI and GAM engaged in the armed conflict was a threat to the protection of the basic rights of civilians and noncombatants.

Komnas HAM plans to verify reports that both the TNI and GAM have violated humanitarian law and human rights law since the imposition of the martial law in Aceh on May 19.

The rights body has identified rights violations in Aceh, including assault, arbitrary arrest and rape.

Speaking at the same discussion, humanitarian law expert Haryomataram said the mission of Komnas HAM team to verify the reports on alleged rights violations may lead nowhere as Indonesia had no national law stipulating punishment for those who breach the Geneva Convention.

The convention stipulates humane treatment for those who surrender or those who no longer have the ability to engage in war, the protection of public and social infrastructure and the protection of those who are not engaged in war and humanitarian workers.

Indonesia ratified the 1949 Geneva Convention governing the conduct of hostilities in international and non-international armed conflict in 1958.

"However, without any national law, what charges should be made against the perpetrators?" Haryomataram remarked.