Impunity increasingly a habit in Aceh

This is the second of a two-part article based on a year-end evaluation of conditions in Aceh by Saifuddin Bantasyam, executive director of the Care for Human Rights Forum (FPHAM), one of several private groups monitoring human rights in the province.

BANDA ACEH (JP): A great number of people became victims of violence between August 1998, when the DOM status was lifted, to December 1999.

The Forum's data revealed that between Aug. 8, 1998 to Dec. 21, 1999, there were 534 killed, comprising 447 civilians (83.7 percent) and 84 military and police members (15.7 percent) spread across 10 regions, except Sabang, Southeast Aceh and Semeulue.

That 534 people were killed in a span of only 17 months is shocking, compared to 1,321 people killed in the decade-long military operation. In 17 months the figures mean an average of 1.3 persons killed every day in Aceh. This indicates a major dehumanization taking place in the political conflict between Aceh and the central government.

In those 17 months, North Aceh tops the list of people killed, with 200 dead (37.45 percent), followed by West Aceh with 120 (22.47 percent). It is alarming that in these two regencies most victims were killed in a shooting spree by security personnel -- these were the cases in Simpang KKA in Krueng Geukeuh, North Aceh, in which 42 were killed and in Beutong Ateuh, West Aceh, which left 51 dead and 10 missing.

Throughout December 1999, FPHAM recorded that between Dec. 1 and Dec. 22, 54 were killed -- 23 civilians and 11 military and police officers in nine regions.

The forum has also recorded that between August 1998 to Dec. 22, 1999, 144 people were abducted by unknown parties. The latter included data from relatives directly reporting to the forum, and given the fear and other constraints in reporting, the figure would likely be much higher.

The data leads to the prediction that if the conflict between Aceh and the central government persisted, the number of victims would increase. An immediate, nonviolent political solution is needed, which also conforms to Acehnese aspirations.

All disputing parties, particularly as we have gone through the holy fasting month of Ramadhan, should put an end to the conflicts and encourage a peaceful settlement.

The excesses of the conflict during the second half of 1998 and throughout 1999 have also led to material losses among the community, particularly as a result of arson attacks perpetrated by unknown parties and security personnel.

A total of 1,270 buildings and 39 vehicles were set ablaze. The buildings comprised 900 houses, 158 shophouses, 135 schools, 45 government buildings and 32 other buildings. Security personnel were reportedly involved in arson attacks on 37 buildings in Samalanga, 21 buildings in Lameu, Sakti and Pidie and 28 buildings in Matang Kuli, North Aceh.

An immediate official investigation is needed. The government must also carry out a program to rehabilitate community assets.

Security personnel, meanwhile, continue to ferret out information by probes and raids, violating standard procedures and ignoring human rights, as evident from cases in Teunom, Krueng Sabee, Bakongan, Peureulak, Bireuen, Matangkuli and several other places. In these places, dozens of civilians, who may not have been in the wrong, including university students and human rights activists, were subjected to violence and various forms of torture.

Some lost their lives merely because the negligence of security personnel, such as in the shooting of a Muslim activist in Matangglumpang Dua in Peusangan, North Aceh.

All this has completed the picture of state violence reflected since the harsh action taken against protesters during then president B.J. Habibie's visit to Banda Aceh on March 26, 1999 and the shooting of people in North and West Aceh on May 3 and July 23, 1999.

In the second half of 1999, the possibility of civil court trials increased in the wake of various legal and moral violations.

The factors bringing about a civil court are internal and spiritual. The Acehnese have collectively undergone, firstly, an ecstatic symbolic longing to revive the grandeur of Aceh's history; and secondly, unspeakable anger toward all forms of long-term repression and toward the powerlessness of law enforcement institutions to provide justice.

Unfortunately, this longing for past grandeur has only been fulfilled by symbolism. This may be caused by the absence of an adequate legal structure, hence the mushrooming of civil trials.

The spiritual factor has to do with the people collectively undergoing a strong sense of distrust in all existing legal apparatuses and laws, while local rulers or legal authorities have become truly powerless.

To avoid the civil trials becoming counter-productive, all related parties should carefully direct the various actions and litigations in such a way as to enable a more structured trial which pays attention to human rights.

The government and regional councils must prepare a regional regulation on a customary court or other courts compatible with Islamic law, either immediately or in phases.

Local customary elders must be involved as much as possible. They would supply customary legal systems which may later be enforced formally.

In building civilian supremacy -- a society characterized by its own strength -- independence and respect for pluralism is a must. Civilian empowerment also needs human rights education.

The regional administration should draw up a subject on human rights for the curricula at all educational levels. As human rights are closely linked with how power is exercised, government officials must also improve their human rights understanding, to bring about policies which appreciate human rights and democracy.