'Stop violence' after the end of martial law

'Stop violence' after the end of martial law

Saman Zia-Zarifi, New York

A year after martial law was imposed in Nanggroe Aceh Darussalam,
there have been a few signs of hope for the restive province.
Last week President Megawati Soekarnoputri announced that the
province's status will be downgraded to a civil emergency.
Afterwards, the Free Aceh Movement (GAM) released 22 hostages in
a deal brokered by the International Committee of the Red Cross.

These are two solid steps forward. But both the Indonesian
government and GAM must now make sure that there are not too many
steps back. In order to move out of the cycle of violence in
Aceh, both sides must demonstrate their commitment to respect
human rights and the rule of law in the province. This is as a
necessary step toward achieving a sustainable peace for the
beleaguered population of the province. Here are a few markers
on the road ahead:

o Clarify the role of the military:

Jakarta's approach of relying on military means to try to end
the conflict has resulted in serious rights violations, without
necessarily bringing the province closer to a sustainable peace.
President Megawati should publicly clarify and affirm that Aceh
will be subject to civilian rule in practice and not just in
name. It is now time for the government to demonstrate the
sincerity of its public relations campaign.

When the war began again, the Indonesian Military (TNI)
claimed that its 40,000 troops were facing some 5,100 GAM
fighters. A year later, according to military statistics
released this month, the TNI claims it has killed almost 2,000
GAM members, arrested another 2,100, and taken the surrender of
1,276. Some 290 have been wounded.

Human Rights Watch's research, based in large part on detailed
interviews with Acehnese who had fled the province, suggests that
the TNI often did not distinguish between civilians and GAM
combatants. Many refugees reported witnessing soldiers summarily
executing civilians. Thus many of the deaths cited by the
military as GAM fighters are, tragically, likely to be unarmed
civilians.

Although the military operations and the 40,000 or so military
and police troops engaged in fighting there for the past year
will remain, transparent and accountable civilian leadership in
the province will go a long way to demonstrate the government's
commitment to all aspects of its integrated operations, including
good governance.

o Provide access to independent monitors:

For much of the past year, the government has placed a shroud
of secrecy around Aceh. This must end. President Megawati
should immediately revoke Presidential Decree No. 43/2003, which
places unnecessary restrictions on access to Aceh for the United
Nations and international and Indonesian aid agencies,
nongovernmental organizations and journalists. If conditions in
most of the province are indeed as safe as the TNI claims, then
there should be no objection to independent monitors operating
freely in Aceh. If the conditions of the Acehnese have improved,
let these monitors confirm it. If Aceh still has problems, let
objective viewers describe them.

Immediate and unfettered access for independent monitors is
even more important as Indonesians head to the polls for the
first direct presidential election on July 5.

During the previous round of balloting for legislative
elections in April, European Union election observers were so
severely restricted in their access to the province that they
could not draw any conclusions as to the validity of the election
in Aceh. An election that is viewed as illegitimate in Aceh
would only serve as a source of continuing tension in the
province.

GAM, too, needs to demonstrate that it will respect the safety
of aid workers, monitors and journalists. GAM, as well as the
TNI, has subjected members of the domestic and foreign press
corps in Aceh to intimidation, attacks and restrictions since the
start of martial law. The release of hostages under the auspices
of the Red Cross should have proven to GAM -- as well as the
Indonesian government -- that nongovernmental organizations can
play an important role in ameliorating some of the misery of this
conflict.
o Provide accountability for abuses:

Despite extensive restrictions on monitors, the trickle of
information leaking out of the province paints a bleak picture.
While conditions in Aceh's main towns seem to have improved,
there are concerns that Acehnese living in outlying districts
still face a grim life.

This month the National Commission on Human Rights (Komnas
HAM) reported still more abuses by both GAM and the TNI. It cited
incidents of arbitrary arrests, forced disappearances, rape and
extrajudicial killings -- precisely the types of abuses
chronicled by Human Rights Watch in its December 2003 report,
Aceh Under Martial Law: Inside the Secret War.

While it is commendable that the military has publicly
acknowledged that troops in Aceh are guilty of hundreds of
violations, there has been relatively little accountability for
these abuses. Some soldiers have faced military tribunals, and
have been sentenced for crimes such as rape, the unauthorized
firing of weapons, theft and extortion.

But the sentences have been low and there has been no serious
judicial accountability for abuses such as the widely alleged
torture and killing of civilians in Aceh.

President Megawati should make a public commitment to fully
investigate the allegations of violations in Aceh of Indonesian
law as well as international human rights and humanitarian law
since martial law began. All security forces implicated in such
violations should be prosecuted and disciplined appropriately.

President Megawati would do well to remember that continuing
these positive steps forward for Aceh would go a long way to
helping security and stability not just for the province, but for
the whole of Indonesia. A commitment to peace and justice for
Aceh would be one election promise worth keeping.

The writer is Deputy Director, Asia Division, Human Rights
Watch.