Impunity increasingly a habit in Aceh

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.