Govt OKs rights body's planned inquiry in Aceh

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.