President may impose martial law in Aceh

President may impose martial law in Aceh

Fabiola Desy Unidjaja, The Jakarta Post, Jakarta

Cabinet ministers have proposed the imposition of martial law in
Aceh as a last resort to crush the Free Aceh Movement (GAM),
though President Megawati Soekarnoputri insisted the matter would
be decided after a consultation meeting with the House of
Representatives scheduled for May 15.

Under Law No. 23/1959 on emergencies, the president has the
authority to declare martial law in the country or a region
without approval from the House.

"The meeting's agenda is the government's plan to quell the
Aceh secessionist group," Coordinating Minister for Political and
Security Affairs Susilo Bambang Yudhoyono said here on Tuesday.

Minister for Justice and Human Rights Yusril Ihza Mahendra
said separately that martial law had been discussed since the
Cabinet meeting last week, but the President had yet to make a
decision.

"The Cabinet recommended martial law be imposed for a limited
time, for example six months, to minimize possible gross
violations of human rights, which can happen in such large-scale
operations," Yusril said.

GAM's refusal to lay down its arms and to denounce its fight
for independence have led the government to the brink of
launching a military operation in the province, which would have
the stated goal of ending the 27-year conflict in Aceh that has
claimed more than 12,000 lives.

Sources say the Indonesian Military (TNI) has been pushing the
government to declare martial law, while Susilo, who has been
fully involved in diplomatic efforts to resolve the conflict,
remains undecided.

TNI chief Gen. Endriartono Sutarto said he supported the
planned consultation meeting with the House.

Yusril said the meeting was not obligatory, "but in the spirit
of partnership we should hold it".

Megawati's policy in Aceh will likely play a role in deciding
her future political career. A successful military operation to
end the conflict would undoubtedly help smooth the way for her
reelection in 2004.

If Megawati decides to impose martial law in Aceh it would be
a reversal from an earlier promise she made that there would be
no more bloodshed in the resource-rich province.

Under martial law, the military would have full authority to
take all necessary steps to quell the separatist movement and
restore security and order.

According to the emergency law, martial law can be used to
isolate the province from the rest of the country, stemming the
flow of goods and information into Aceh.

All activities in Aceh would be under the control of security
officials, who would have the power to detain people for 20 days
without charging them with a crime.

The country last imposed martial law in 1999 in the former
province of East Timor, following the United Nations-sponsored
ballot that led to the territory's independence. The government
also launched a military operation in Aceh from 1989 to 1998.

Megawati's father, founding president Sukarno, imposed martial
law on the entire country in 1959 after the legislature failed to
formulate a new constitution for the country.

With war in Aceh looming, Megawati has yet to address the
nation about what is happening in the province.

Meanwhile, the tension continues to rise in Aceh as both GAM
and the TNI prepare for war.

The flow of refugees, especially from regencies such as Pidie
and Central Aceh that are traditionally centers of violence,
continues to increase, with thousands of Acehnese seeking to
escape the coming conflict.

Despite the increased tension, however, for the first time in
two weeks there were no reported battles between GAM and the TNI
on Tuesday.

CONDITIONS OF MARTIAL LAW ACCORDING TO LAW NO. 23/1959 ON
EMERGENCIES

The military government has the right to:

- ban the production and distribution of explosive materials

- control all communications, including radio and telephone

- close public or private facilities

- ban the distribution of goods in the area

- control air, land and sea transportation

- ban all means of information, including publications,
announcements and pictures

- confiscate and destroy personal letters, as well as banning
the transfer of funds into the area

- seize, alter or destroy any news publications

- move, detain or ban people from leaving the area should it
consider such measures necessary

- order civilians to work to support the military operation

- detain people for 20 days without charge, though the
detentions must be reported within 14 days after arrest,
if considered necessary, detentions can be extended for
up to 50 days.