'Martial law may promote rights abuses'

'Martial law may promote rights abuses'

The Jakarta Post, Jakarta

The imposition of martial law in Aceh means that all civilian
authorities have been completely surrendered to the military, a
move that many fear will encourage human rights abuses as has
happened in the past, analysts said on Monday.

Martial law came into effect from midnight on Monday in the
restive province after talks to salvage the peace pact between
the Indonesian government and the Free Aceh Movement (GAM) in
Tokyo failed.

"Under martial law, ordinary civilian law no longer exists, it
is automatically replaced by military law," said Hendardi, the
director of the Indonesian Legal Aid Foundation (PBHI).

Martial law will be in effect for six months and could be
extended through another presidential decree. The presidential
decree authorizing martial law states that the Aceh Military
Commander, Maj. Gen. Endang Suwarya, is the military ruler.

Under martial law, the military commander is vested with
maximum powers to crush the rebels, said military analyst
Kusnanto Anggoro.

Law No. 23/59 on State Emergency says the powers include the
right to impose a news blackout; a ban on the production and
distribution of explosive materials; to confiscate and destroy
personal letters; to move, detain and ban people from coming to
or leaving Aceh; to close public or private facilities; to detain
people for 20 days and to impose forced labor.

However, Kusnanto said that not all of these could be
implemented in Aceh.

Currently, the central government is preparing directives that
will be used by the Aceh military commander as guidelines to
implement martial law.

"The directives will be issued soon," said Kusnanto, who is
close to military circles.

The directives are being prepared by the offices of
Coordinating Minister for Security and Political Affairs, the
Coordinating Minister for Social Affairs and the Coordinating
Minister for the Economy. The three senior ministers are part of
an executive board in charge of day-to-day operations of the
martial law under the President.

Kusnanto shared Hendardi's concern that people's rights,
notably the right to information, would be curtailed under
martial law.

He said potential abuse of power was imminent as the powers
that were vested in the Aceh military commander were almost
unlimited and he was not accountable to anyone.

Given the potential threat to human rights, Hendardi said he
opposed the imposition of martial law and suggested that the
warring parties hold more dialogs.

Separately, Minister of Home Affairs Hari Sabarno said that
the government would empower civil servants in Aceh, who were not
able to perform their function due to the prolonged conflicts in
Aceh.

Hari estimated that currently about 30 percent to 40 percent
of Aceh civil servants did not work.

"If they continue not to report to work, the government is
considering replacing civil servants with retired military
officers," Hari said.