Letter to Evans/Natalegawa: Sri Lankan asylum seekers

Foreign Affairs Minister Marty Natalegawa

Ministry of Foreign Affairs of the Republic of Indonesia
Jl. Pejambon No.6. Jakarta Pusat, 10110
Indonesia

Chris Evans

Minister of Immigration,

Parliament House,

Canberra, ACT 2600,

Australia

14 January, 2010

Dear Ministers,

We are very disturbed by the news that some 246 asylum seekers remain moored at sea off the Indonesian coast in the region of Merak.  As you know the people involved are Tamils from Sri Lanka and there are many children in the group, all of whom have been in this unresolved situation since last October.  Indonesian authorities intercepted their vessel after they were given assistance and intelligence information from Australia.

We understand that all would like the opportunity to claim refugee status and that some 109 of the group have already been recognised by the UNHCR as genuine refugees. Only 8 of the initial group have agreed to leave the boat on an understanding that they would have access to the UNHCR but this has not been granted and all are still held in cramped detention cells.

To add insult to injury, the Indonesian authorities gave Sri Lankan navy officers permission to interview the 8 detainees.   This action shows utter disregard for the safety of these asylum seekers and the safety of their families in Sri Lanka.  Under international refugee protocols it is mandatory that asylum seekers should be protected at all times from all renewed persecution by the Government of the country they have fled. Refugee advocates consider that Indonesia has committed the most serious breach of refugee protocols and undermined its stated commitment to sign and abide by the UN Refugee Convention.

We also read reports that some Indonesian police figures have been quoted as recommending that the asylum seekers be sent back to Sri Lanka.

In these circumstances, it is entirely understandable that the large group still on the boat choose to stay where they are rather than disembark in Indonesia and face indefinite detention or deportation to Sri Lanka

The conditions on board this boat have become very dire, especially from a sanitation point of view: there is only one toilet and gastroenteritis and diarrhea afflict many. At Christmas time one young man fell ill and died from an undiagnosed illness. Named as George Jacob Samuel Christin, 29, the man was clearly very ill for several days before his death but his hospital care was delayed until it was too late to save him.

Reports say that there is no one on board the boat with any medical qualifications, that medical supplies are rudimentary and that there are only 18 life-jackets. The boat has no anchor and is vulnerable to drifting off to sea. The shelter on board the boat is limited and the tarpaulins used for rain protection are now torn and inadequate.

There can be no doubt that Tamil citizens of Sri Lanka have reason to fear persecution as most have had their lives disrupted by extreme violence and internal displacement. Human Rights groups have called for the Government of Sri Lanka to be investigated for alleged war crimes committed during the recent conflict with the Tamil Tigers and the long drawn out siege of the Tamil areas in the North and East of Sri Lanka.

International law enshrines the principle of “non-refoulement”, explicitly prohibiting the forced return of refugees to areas where their lives are potentially in danger.  There have been recent reports that the Sri Lankan navy has been conducting a surveillance operation on the coastline and arresting those attempting to flee by sea.

We urge that these asylum seekers should have immediate access to the United Nations High Commission for Refugees and that Australia and Indonesia should work together putting the needs of the asylum seekers before political considerations.

In the case of the asylum seekers who were previously held on board the ‘Oceanic Viking’ in Indonesian waters, international co-operation did prevail and we understand that this group will shortly be resettled in Australia and other western countries, including New Zealand.  We believe that the Merak group merit the same opportunity begin a life free from the threat of persecution.

Few asylum seekers manage to reach New Zealand because of its geographic isolation, but we will continue to lobby our Government to urge that New Zealand share in the regional responsibility for assisting Tamil asylum seekers, especially this group who are being held in a tortuous limbo.  New Zealand already has a large and well-settled Tamil community and could easily accommodate a significant number from this group.

Yours sincerely,

Maire Leadbeater

For the Indonesia Human Rights Committee

Copy to

Hon Murray McCully,

Minister of Foreign Affairs,

Parliament Buildings,

Wellington

The killings of 1965-66

Even now, Indonesians find it difficult to face the traumatic events of the past

Robert Cribb and Michele Ford

Prisoners captured during the Trisula Operation

Photograph taken at the Museum Brawijaya by Vannessa Hearman

In the course of little more than five months from late 1965 to early 1966, anti-communist Indonesians killed about half a million of their fellow citizens. Nearly all the victims were associated with Indonesia’s Left, especially with the Communist Party (PKI) that had risen to unprecedented national prominence under President Sukarno’s Guided Democracy. The massacres were presided over and often coordinated or carried out by anti-communist sections of the Indonesian army, but they also engaged wider elements of Indonesian society – both people who had reason to fear communist power and people who wanted to establish clear anti-communist credentials in troubled times.

The killings followed a coup which took place in Jakarta on the morning of 1 October 1965 in which six senior army generals were killed and a revolutionary council was formed, seizing power from Sukarno. For the whole of the New Order period, Indonesian authorities portrayed these events as a communist grab for power, which was to be followed by the wholesale slaughter of their opponents. Sceptics, by contrast, doubted the PKI’s involvement and even wondered whether the coup might have been a ‘black’ operation by conservative forces, intended to compromise the Party. Recent research, especially by John Roosa, who writes for this issue, has shown that the PKI leadership was closely involved in the coup, but that the aims of the operation were far more limited than a seizure of power.

Click here for the full article: Inside Indonesia: The Killings of 1965-66

Human Rights Watch 2009 Annual Report: Indonesia

Despite its growing reputation as an emerging Muslim-majority democracy, Indonesia saw little human rights progress in 2009. In July President Susilo Bambang Yudhoyono was reelected by a wide margin, providing him the opportunity to take more decisive action against impunity, religious intolerance, and other continuing threats to human rights. At this writing, there is little indication the government has the political will to do so.

Indonesia has a diverse and vibrant media sector, but freedom of expression continues to be undermined by powerful officials and business figures using criminal and civil defamation laws to silence criticism, and by repressive measures on expression in Papua.

Click here to read full article: Human Rights Watch 2009 Annual Report: Indonesia

Abdurrahman Wahid obituary

As president of Indonesia from 1999 to 2001, the partially blind cleric, known as “Gus Dur”, staunchly defended human rights, ethnic minorities and Indonesia’s secular tradition. At his funeral, the current Indonesian president, Susilo Bambang Yudhoyono, praised him as the “father of multiculturalism and pluralism” who “raised awareness and institutionalised our respect for the diversity of ideas and identity, of religions, ethnicity and primordial ties”. Few countries have enjoyed a more cultured man at the helm of state – a journalist, scholar and enlightened cleric, he took great delight in jazz and classical music and had a special passion for Beethoven. His wit was almost equal to his erudition. Upon losing the presidency in 2001, he quipped: “You don’t realise that losing the presidency for me is nothing. I regret more the fact that I lost 27 recordings of Beethoven’s Ninth Symphony.”

Click here for the full article: The Guardian: Abdurrahman Wahid Obituary

Indonesia’s money-making military

Indonesia may have left the Suharto era behind but traces of the authoritarian regime still remain.

Even after 10 years of democratic reforms, the military still permeates all levels of society, from politics to business.

In 2004, Susilo Bambang Yudhoyono, Indonesia’s president, decreed that all military-run businesses should end within five years.

That deadline has now passed.

Efforts have been made to reduce the number of companies linked to the armed forces. But separating the military from their money is proving difficult. On this episode of 101 East we ask: What is the future for Indonesia’s military forces?

Watch this programme: Al Jazeera: Indonesia’s money-making military

IHRC Letter to Murray McCully on Usman Hamid

Hon Murray McCully

Minister of Foreign Affairs

Parliament Buildings

Wellington

7 November, 2009

Dear Mr McCully,

I am forwarding on to you a copy of an open letter written on behalf of Amnesty International United Kingdom and a number of other important UK based human rights organisations. This letter is addressed to the new Minister for Justice and Human Rights in Indonesia, Mr Patrialis Akbar ,and concerns recent attacks on Indonesian human rights defenders, in particular Mr Usman Hamid the Co-ordinator of Kontras (the Commission for the  Disappeared and Victims of Violence).

Human rights colleagues have requested me to forward this letter to you for your information and action.

The Indonesia Human Rights Committee shares in the international concern for the situation of Usman Hamid who is facing a criminal defamation charge because of his leading role in the campaign for justice for his predecessor, the late Munir Said Thalib. As you will see from the enclosed letter, Usman Hamid is far from the only human rights defender to be facing criminal defamation charges because of his human rights work.

It is deeply regrettable that Indonesia still retains provisions in its Criminal Code that mean that those who criticise government officials  can be held to be guilty of  ‘defamation’ and risk a prison term. We believe these legal provisions are not in line with international law and the United Declaration of Human Rights which upholds the universal right to freedom of expression.

Closer to home, the Indonesia Human Rights Committee is also currently very concerned about the situation of young human rights activists in West Papua.

The  Sorong Secretary of the Papua Traditional Council (Dewan Adat Papua) Yoab Syatfle has also been the focus of attention for international human rights groups as he has received anonymous but explicit  death threats in late October on his mobile phone. One message warned: “you are one of the people we are looking for, we  remember you, if you leave your house yard one more time, you will be  killed”.

Mr Syatfle has campaigned for a peaceful internationally mediated   solution to the political problems in Papua as Secretary of the Papua National Consensus Team.

We are also concerned about Victor Yeimo another West Papuan political activist, who was arrested in a police operation ion the 21st October in Jayapura.  We understand that the reason for his arrest is solely because he was involved in organising a number of peaceful demonstrations earlier this year.  Victor Yeimo has always advocated a peaceful solution to West Papua’s future.

The above examples of intimidation and unjust treatment of human rights defenders illustrate Indonesia’s failure to honour the precepts of the 1998 UN Declaration on the rights of human rights defenders.  As you know the declaration enjoins us all as individuals as well as nations to act to protect human rights and freedoms.

You will also be aware that the treatment of human rights defenders is in strong contrast to the situation of impunity which prevails for the  former and current Indonesian Generals who should be facing up to their documented  crimes against humanity in Timor-Leste.

New Zealand and Indonesia have important bilateral ties.  We urge you to use this positive relationship to prevail on Indonesia to take strong measures protect all those engaged in legitimate human rights work, and to pursue justice for those responsible for crimes including killing,  torture and threats against human rights defenders.

We look forward to your response to these urgent matters,

Yours sincerely,

Maire Leadbeater

(for the Indonesia Human Rights Committee)

Munir’s murderer still free

Memo to SBY: solve your biggest human rights problem now!

By Setyo Budi

President Susilo Bambang Yudhoyono won July’s election with a landslide. Amidst the general relief that Megawati and Jusuf Kalla lost – can you imagine Prabowo or Wiranto as vice-president? – one question continues to jar. Why does the brain behind Munir’s murder remain at large five years later? SBY’s failure on this issue hints at a darker side to his presidency. Good economic management is one thing, but maybe it is time to focus on human rights.

Munir Said Thalib was Indonesia’s most famous human rights and anti-corruption activist between 1998 and 2004. He was Indonesia’s Anna Politkovskaya. An assassin poisoned him with arsenic on 7 September 2004, on a Garuda plane en route to Amsterdam. Utrecht University had invited him to pursue a master’s degree in international law and human rights. He died in agony somewhere over Hungary, three hours before the flight landed at Schiphol airport.

Read the full story here: Inside Indonesia: Munir’s murder still free

Who Killed Munir?

Jakarta Post Editorial – July 17, 2009

In November 2004, the newly elected President Susilo Bambang
Yudhoyono promised to bring the killer of human rights activist
Munir Said Thalib to justice, a killing he once referred to as a
test case on “how much Indonesia has changed”.

But to this day, people are still asking, who killed the
country’s most fearless and prominent human rights activist?

It is clear that SBY has not kept his promise and has failed the
test to change Indonesia.

The clearest sign of failure came last week when the Supreme
Court said it supported the South Jakarta District Court verdict,
which acquitted army major general, Muchdi Purwopranjono, the
alleged mastermind of the killing from all charges. Court
spokesman Hatta Ali said that it found no mistake in an earlier
district court decision, but refused to elaborate on
considerations used by the justices to reject the prosecutors’
appeal request.

The public’s disappointment over the unresolved murder not
withstanding, we have to respect the June 15, 2009 Supreme Court
decision. We side with those who wish to see justice being
served, particularly Munir’s widow and children. On the other
hand, Muchdi’s name should be rehabilitated, as the court found
him not guilty.

The public’s frustration is understandable. As the case has
dragged on slowly over the last five years, human rights
activists have highlighted the strong culture of impunity
cultivated during the 32 years of military dictatorship under
Soeharto. There is no reason to believe, they say, that this kind
of killing will not happen again.

Munir was poisoned on board a Garuda airliner when it was
approaching Schiphol Airport in the Netherlands on Sept. 7, 2004.
In his short but fruitful life, Munir was behind the successful
probing of numerous past human rights abuses by the military. His
widow Suciwati and his two children had also secured Yudhoyono’s
personal promise to find the killer immediately following his
death.

Since then, a dark cloud has hovered over the trial after
attempts to find the mastermind of the killer have failed.

Muchdi, the former State Intelligence Agency (BIN) deputy head,
was the fourth person brought to court in Munir’s case. His
superior, then the intelligence chief, Hendropriyono, did not
appear in court.

An off-duty Garuda pilot, Pollycarpus Budhari Priyanto, was found
guilty of putting arsenic poisoning into a glass of orange juice
offered to Munir. He was found guilty, but was later acquitted by
the Supreme Court. He is now languishing in jail for using a
forged letter of recommendation from the BIN that enabled him to
join Munir’s flight as part of the airline’s security staff.
Former Garuda secretary, Rohainil Aini, was acquitted over legal
technicalities, while former Garuda president director, Indra
Setiawan, was sentenced to 16 months for his role in the murder.

It is time to turn to SBY and ask him to fulfill his promise. Can
he deliver it in three months time before his tenure comes to an
end? Or will he make another promise if he is re-elected come
October? Otherwise, he will only reinforce what people think
about politicians: They are only good at making promises.