Perspective: Civil-military ties revisited

Perspective: Civil-military ties revisited

By Todung Mulya Lubis

This is the second of two articles based on a presentation at
a symposium to honor the contribution of scholar Daniel S. Lev to
the Southeast Asian Studies and Societies, University of
Washington. The function was held on March 13 at the university
campus in Seattle.

SEATTLE, Washington: The general election in June 1999
produced a new political mapping in which Golkar and the military
were no longer in control. They suffered a substantial loss as
predicted.

The Indonesian Democratic Party of Struggle (PDI Perjuangan),
led by Megawati Soekarnoputri, emerged as a winner followed by
Golkar, PPP, the National Awakening Party (PKB) and the National
Mandate Party (PAN).

The military, after hard bargaining, was forced to accept only
38 seats in the House of Representatives. Interestingly, PDI
Perjuangan did not gain sufficient bloc votes both in the
legislative body and in the People's Consultative Assembly (MPR).

Therefore, no one single party could run the country without
having to gain the support of other political parties.

The popular and controversial clergyman, Abdurrahman Wahid
from PKB, won the presidency through his skill and connections
with Islamic parties, Golkar and the military.

Many were not pleased with the outcome of the presidential
election. First, Abdurrahman's election seemed to disregard the
popular vote for Megawati.

Second, his health led to reservations as to his ability to
deal with complex problems such as ethnic and religious tensions,
corruption, collusion and nepotism and military resentment.

The concern was quite legitimate due to the economic crisis
apart from the fragile and unstable political situation,
characterized by political fighting among parties.

After three months in office, Abdurrahman's government has
managed to strengthen its power while weakening the military.

The reshuffle that resulted in a navy officer, Adm. Widodo AS
as the new military commander, has given the President a leverage
against the Army.

Moreover, the appointment of the new Army and police chiefs
have changed allegiance within the military, and the friction
between younger and senior officers has come out into the open.

All such changes have forced the military to unwillingly
accept the civilian government.

Perhaps it is still too early to draw such a conclusion.
However, the new consciousness within the civilian political
community, the media, the NGOs as well as the student movement
have led to the tacit agreement that the military must
acknowledge civilian supremacy.

The brutal and widespread rights abuses by the militias aided
by the military and police prior to the referendum in East Timor
resulted in an international outcry, protests and condemnation.

Although no genocide occurred, the magnitude of rights abuses
-- massacres, widespread torture, forced disappearances, violence
against women and children, forced evacuations, the scorched
earth policy and destruction of evidence -- were so widespread
that it prompted the international community to demand a thorough
investigation followed by trials for those taking part directly
or indirectly in those atrocities.

On Sept. 22, 1999, the government established the Commission
of Inquiry into Human Rights Violations (KPP HAM) in East Timor.

It comprised eight members, four representing the National
Commission on Human Rights and another four from human rights
groups.

The commission's mandate was to gather facts, data and
information concerning rights violations in East Timor prior to
and after the referendum, or from the announcement of the two
options made by then president Habibie on Jan. 27, 1999.

KPP HAM was not the first commission established in the human
rights field but it attracted a lot of attention, particularly
given the many negative reports on East Timor in the aftermath of
the referendum.

The United Nations Human Rights Commission, for instance, has
used the term "collusion" to describe the close cooperation
between the militias, the military and the police.

From the outset, it was indeed very hard to deny that
systematic and gross violation of human rights occurred in East
Timor. The question was, therefore, to what extent was the
government serious in bringing the perpetrators to court?

Keep in mind that the military is the most organized group in
society, which has enjoyed a great deal of impunity in the past
40 years. Does the commission actually have enough courage to go
after the military?

In the beginning, many people believed that KPP HAM, being a
government-sanctioned body, would produce a whitewashed report.
Much skepticism was raised, particularly due to experiences with
similar independent inquiry commissions. After all, the military
with the state administration under its control would not let KPP
HAM weaken its strength.

Interestingly, the commission produced a credible report
confirming most allegations about systematic and gross human
rights violations, as mentioned above. KPP HAM also recommended
that a criminal investigation be conducted against former TNI
commander Gen. Wiranto, together with a group of military and
police officers, governors, regents and militias.

Furthermore, it requested the government to establish a human
rights court, investigate past human rights abuses and urge the
military to begin redefining and renewing its public role.

The military reacted angrily against the commission's
recommendations, considering the result as prejudice toward the
military and violating the presumption of innocence.

The commission was accused of being an extension of foreign
interests. But public opinion inside and outside the country
applauded its recommendations. It was a milestone in the
country's human rights history.

In general, the military has not understood the dynamics
taking place in many parts of the world. The military fails to
understand the power of civil society that has emerged from 30
years of repression.

Global support toward a civil society has never been so
organized and apparent, and it has eventually isolated the
military from a dynamic transitional process.

In the words of Dick Hartoko, an editor of a literary journal,
the military failed to grasp what he called tanda-tanda jaman
(the signs of change).

On the other hand, KPP HAM received nationwide support
although it was not openly expressed in public. The culture of
silence is still a part of our legacy.

It is not an exaggeration to say that the investigation of KPP
HAM has greatly changed the political equation in the sense of
civilians taking over political leadership.

The fact that President Abdurrahman finally discharged Gen.
Wiranto from his powerful position as coordinating minister for
political affairs and security proved that the military was no
longer in a position to dictate the government.

Although there must be a combination of forces to weaken the
military, it is the national human rights movement which has
played a significant role in rebuilding a civil society through
its persistent efforts to uphold democracy, human rights,
transparency and accountability.

All elements of civil society, such as students, workers,
intellectuals, the media and NGOs, have in their own way
tirelessly campaigned and fought an authoritarian leadership.

In the end, despite some disagreements over methods of KPP
HAM, it is fair to underline that it has contributed a great deal
to a new start in civil military ties, in which the role of the
military is seen as a force that guards democracy.

Now, more steps must be made to ensure human rights, democracy
and rule of law. There are several major steps that need to be
prioritized. First, the amendment of the l945 Constitution to
ensure a check and balance, a clear division of power between the
executive, the legislature and the judiciary.

In addition, enrichment of human rights provisions is needed.
The amendment is still in the early stages but it must continue.

Second, the laws regulating political parties, societal
organizations, NGOs, elections and the presidency must be revoked
or amended in line with the principles of democracy.

They must be assured of a self-governing authority, and a
limit of power. Third, the law that legalized the military
participating in sociopolitical affairs must be revoked.

The military must return to its original function of guarding
the state and society from any security threats.

Fourth, ratification of international human rights instruments
is urgent. It would open more avenues in seeking redress from all
rights abuses on a national and international level.

A strong, united and committed civil society must be able to
realize its nearly lost dream: democracy, human rights and rule
of law.

The writer is a lawyer and human rights activist, and writer
of In search of human rights: Legal and political dilemma of
Indonesia's New Order (Gramedia, 1993).